Loading...
HomeMy WebLinkAbout2005-10-13MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 13, 2005 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Pro Tem Ferguson convened the meeting at 3:03 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Pro Tem Jim Ferguson Excused Absence: Mayor Buford A. Crites Also Present: ! Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attomey Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Mark D. Greenwood, City Engineer Amir Hamidzadeh, Director of Building & Safety Paul S. Gibson, Director of Finance/City Treasurer Michael J. Errante, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Ignacio Otero, Chief, Palm Desert/Riverside County Fire Dept./CDF Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 1) Property: Right-of-way Acquisition — Monterey Avenue/I-10 Interchange Modification (APNs 653-170-039, -041, -042) Negotiating Parties: Agency: Carlos L. Ortega/Mark Greenwood/City of Palm Desert Property Owner: Andrew Stevens Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs, Ltd. v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 053903 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Public Employee Performance Evaluation pursuant to Government Code Section 54957: Titles of Position: City Attorney Upon a motion by Spiegel, second by Benson, and 4-0 vote of the City Council, with Crites ABSENT, Mayor Pro Tem Ferguson adjourned the meeting to Closed Session at 3:04 p.m. He reconvened the meeting at 4:00 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION BY SUNLINE TRANSIT AGENCY — TRANSPORTATION MANAGEMENT DESIGN. MS. EUNICE LOVI, SunLine Planning Director, and MR. RUSSELL CHISHOLM, President of Transportation Management Design Company (TMD), presented information about the Transit Authority's Comprehensive Operational Analysis being conducted by TMD. A copy of the presentation is now on file and of record with the City Clerk's Office. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 B. APPOINTMENT TO THE PALM DESERT YOUTH COMMITTEE. Councilman Spiegel moved to, by Minute Motion, appoint Elle Wohlmuth to the Palm Desert Youth Committee to fill one of the current vacancies (term 12/31/05). Motion was seconded by Kelly and carried by 4-0 vote, with Crites ABSENT. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 22, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 69 and 70. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meeting of August 29, 2005. 2. Library Promotion Committee Meeting of May 18, 2005. 3. Marketing Committee Meeting of June 21, 2005. 4. Parks & Recreation Commission Meeting of September 7, 2005. 5. Public Safety Commission Meeting of May 11, 2005. 6. Sister Cities Committee Meeting of July 21, 2005. Rec: Receive and file. D. LETTER OF RESIGNATION from Susan Stauber - El Paseo Business Improvement District Board of Directors. Rec: Receive with very sincere regret. E. LETTER OF RESIGNATION from Briana Kirkwood - Sister Cities Committee. Rec: Receive with very sincere regret. F REQUEST FOR APPROVAL of Agreement for Special Counsel Services for Mobile Home Park Rent Control (Contract No. C24380). Rec: By Minute Motion, approve the subject agreement between the City of Palm Desert and Endeman, Lincoln, Turek & Heater LLP, and authorize the Mayor to execute same. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 G. REQUEST FOR APPROVAL of Fireworks Display for the 2005 Holiday Tree Lighting Ceremony (Contract No. C24390). Rec: By Minute Motion, approve the subject contract with PyroSpectaculars by Souza, Inc. Rialto, California, in the amount of $3,148 for professional staff and pyrotechnic supplies for the annual Holiday Tree Lighting Ceremony scheduled to be held on November 22, 2005, at Desert Springs Resort, a J.W. Marriott Resort & Spa, and authorize the Mayor to execute said contract — funds are available in Account No. 110-4416-414-3061, and no appropriation is needed or requested. H. REQUEST FOR APPROVAL of Delta Dental Contract Renewal (Contract No. C16131). Rec: By Minute Motion, authorize the Mayor to execute the subject contract renewal with Delta Dental through June 30, 2007. I. REQUEST FOR DECLARATION of Two Fire Department Ambulances as Surplus Equipment. Rec: By Minute Motion, declare two ambulances as surplus equipment, as recommended by the Palm Desert Public Safety Commission, with the suggestion that consideration be given to donating the ambulances to a Palm Desert Sister City or to the Gulf Coast region. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22370C — Installation of a Computerized Irrigation System at Desert Willow Golf Resort (Flowtronex PSI, Inc., Riverside, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. K. REQUEST FOR AUTHORIZATION to Release Improvement Securities for Tract No. 30738 (Venezia) (GHA Paloma Group II, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the improvement securities for Tract No. 30738. L. CONSIDERATION of the Sister Cities Committee Recommendation to Submit Articles of Incorporation to the California Secretary of State. Rec: By Minute Motion, concur with the Sister Cities Committee recommendation to submit Articles of Incorporation to the California Secretary of State. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 M. REQUEST FOR APPROVAL of Contract to Install/Remove, Maintain, and Store the City's Holiday Decorations (Contract No. C24400). Rec: By Minute Motion, authorize the City Manager to enter into the subject agreement with Jarvis Company, Brentwood, California, in the amount of $10,025.60 — funds are available in Fund 400. N. CONSIDERATION OF REQUEST for Temporary Certificate of Occupancy for the Lowe's Project. Rec: By Minute Motion, concur with staffs recommendation to issue a temporary certificate of occupancy for the Lowe's Project prior to completion of the street improvements on Monterey Avenue and Gerald Ford Drive. O. INFORMATIONAL ITEMS: 1. Emergency Preparation Update 2. Report on Cost Sharing for Improvements in the Area of Desert Gateway Project Item 0-2 was removed for separate discussion. Please see Section VII - Consent Items Held Over for discussion and action. 3. Update on the Hopalong Cassidy Trail. Councilman Kelly asked that Item 0-2 be considered separately. Upon a motion by Spiegel, second by Kelly, and 4-0 vote of the City Council, with Crites ABSENT, the remainder of Consent Calendar approved as presented. VII. CONSENT ITEMS HELD OVER 0-2. INFORMATIONAL ITEMS — Report on Cost Sharing for Improvements in the Area of Desert Gateway Project. Councilman Kelly felt the subject report was somewhat biased. He believed it associated certain improvements specifically with Desert Gateway; but they were things that the City would have had to do anyway, and the report didn't do justice to the project or the area it was in. He acknowledged that the report was prepared at Mayor Crites' request but felt it should be updated to reflect current revenue projections and other factors that were more objective. Councilman Kelly moved to, by Minute Motion, receive and file the report. Motion was seconded by Spiegel and carried by 4-0 vote, with Crites ABSENT. -- 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 VIII. RESOLUTIONS A. RESOLUTION NO. 05-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 25296-9 (Bighorn Development, LLC, Applicant). Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-82. Motion was seconded by Benson and carried by 4-0 vote, with Crites ABSENT. B. RESOLUTION NO. 05-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 33018 AND THE AGREEMENT RELATING THERETO (Pele Development, L.P., Applicant). Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-83. In response to Councilman Kelly's question, staff responded that there were standard curbs for the subject tract. Councilman Kelly went on to say that he'd followed the street sweeper on Burroweed earlier today, which has rolled curbs. He felt the sweeper was having trouble, stopping about three times before completing the street, and there was also a tremendous amount of dust being generated by the sweeper — more than was on the street. He recalled that street sweepers previously purchased by SunLine had dust control features. Mr. Greenwood responded that City staff will follow-up and make sure the operator is following proper procedures. Councilman Kelly seconded the motion, and it carried on a vote of 4-0, with Crites ABSENT. C. RESOLUTION NO. 05-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO ABANDON A PORTION OF PUBLIC UTILITY EASEMENT AFFECTING LOTS 122 & 123, DESCRIBED AS A PUBLIC UTILITY EASEMENT AS SHOWN ON THE COUNTRY CLUB VILLAGE NO. 1 SUBDIVISION MAP (SHERYL AVENUE) UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS & HIGHWAYS CODE, AND FIXING A TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT (Travis Bunker, Applicant). Councilmember Benson moved to waive further reading and adopt Resolution No. 05-84. Motion was seconded by Kelly and carried by 4-0 vote, with Crites ABSENT. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 D. RESOLUTION NO. 05-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC HEARING FOR CONSIDERATION OF THE CLOSURE OF ALASKA AVENUE AT FRED WARING DRIVE. Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-85. Motion was seconded by Kelly and carried by 4-0 vote, with Crites ABSENT. E. RESOLUTION NO. 05-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR THE FORMATION OF MELLO-ROOS COMMUNITY FACILITIES DISTRICTS WITHIN THE CITY OF PALM DESERT. Mr. Ortega commented that this item was related to a subsequent item on this agenda. Mr. Yrigoyen stated that the last time the policy was considered, the City Council requested a report on the benefits of Community Facilities Districts (CFD) to the City. Essentially, he said the benefit to the City was that improvements get done in a specific area at one time, as opposed to waiting for development to occur and improvements to be completed in a hodge- podge fashion. For instance, the CFD being considered later on the agenda will have regional and arterial roads completed prior to development occurring and will also provide facilities for parks and for sewer systems that will accommodate current and future development. From that perspective, he said the benefit to the City would be that the development occurs on a regional basis, which he felt was a tremendous benefit. Although, he stated that in order for the City Council to consider that CFD, it needed to pass the Policies, Goals, and Procedures first, and staff recommended their approval. In response to question about the CFD to be considered later, Mr. Yrigoyen answered that the time line was probably within the next year in order for the improvements to get done on a regional transportation basis. He further affirmed that infrastructure improvements (i.e., streets, curbs) would be done together as opposed to waiting for developers to develop their parcels. Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-86. Motion was seconded by Kelly and carried by 4-0 vote, with Crites ABSENT. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 IX. ORDINANCES For Introduction: A. ORDINANCE NO. 1102 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 25.112 TO TITLE 25 OF THE PALM DESERT MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF PALM DESERT. Mr. Ortega noted that this was a recommendation brought forward from the Public Safety Commission. Mrs. Gilligan further commented that it was also at the recommendation of the Police Department and the City Attorney's Office. She said the Commission recommended the City Council enact the ordinance and offered that Lt. Thetford could provide further information. Mayor Pro Tem Ferguson remarked that he was at yesterday's Public Safety Commission meeting where this was discussed, but he was still unclear about the conflict between Federal and State law and why the subject ordinance was necessary. Lt. Thetford responded that currently, Federal law still prohibits the possession, transportation, and distribution of marijuana, which is in conflict with the State of California that says these activities are permitted. He said when the State says it's okay and law enforcement comes into contact with someone without a clear, legitimate right per the medical procedures allowing them to have marijuana, there is a conflict. He went on to say that if a case went to court and the police were ordered to return the marijuana back to an individual, there was another conflict because they could not legally distribute it back to the person. Additionally, he said the defined process in Health & Safety Code Section 11362.5, which allows for medical marijuana, is unclear about the distribution and identification processes, making it difficult for law enforcement to tell who has a legitimate right to possess marijuana for medical purposes. He said a marijuana dispensary would create a further burden, with a strong likelihood of people trying to get the drug for illicit purposes. Therefore, the Police Department worked with the City Attorney, provided documentation that showed the conflict in law and asked him to draft the ordinance. Mayor Pro Tem Ferguson asked for confirmation that until the conflict is resolved between Federal and State law, the City would be following Federal law. Lt. Thetford agreed. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 Councilman Kelly moved to waive further reading and pass Ordinance No. 1102 to second reading. Motion was seconded by Spiegel and carried by 4-0 vote, with Crites ABSENT. For Adoption: A. ORDINANCE NO. 1101 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING A CHAPTER TO THE PALM DESERT MUNICIPAL CODE TO ESTABLISH A CHILD CARE FACILITIES IMPACT MITIGATION FEE FOR NON-RESIDENTIAL DEVELOPMENT. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1101. Motion was seconded by Benson. Councilmember Benson asked that in light of all the interest that's been generated and praise received for Palm Desert's foresight, staff provide a fully executed copy of the ordinance to other cities in Riverside County. She said Riverside County rates as one of the lowest in the State for providing child care facilities, and this is a big step forward. She acknowledged that other cities would first have to have their own nexus study, but this ordinance would give them a starting point. Mayor Pro Tem Ferguson called for the vote, and the motion carried 4-0, with Crites ABSENT. X. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTIONS APPROVING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR THE COST OF INSTALLATION AND CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS TO SERVE PLANNED AFFORDABLE SINGLE-FAMILY HOMES AND SENIOR RENTAL APARTMENTS (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Member/Councilman Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 05-80, approving the cost of the installation and construction of certain public onsite and offsite improvements, including improvements for a 20-acre affordable housing project site; 2) Redevelopment Agency Resolution No. 507, approving the cost of the installation and construction of certain public onsite and offsite improvements, including improvements for a 20-acre affordable housing project site located within Project Area No. 3. Motion was seconded by Kelly and carried by a 4-0 vote, with Crites ABSENT. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 B. REQUEST FOR ADOPTION OF RESOLUTIONS AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, REQUESTING BEGIN PROGRAM FUNDING (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Upon question, Redevelopment Manager Lauri Aylaian answered that if the grant wasn't received, Redevelopment Agency funds would be used to subsidize the first-time homebuyers. However, she said there was probably a good chance of success in the application process, as it was based on a rating system and timing, with the monies available on a first -come, first - served basis. She said staff verified that there was enough money left in the program to cover this funding request, which would be submitted on Monday if the Agency Board/City Council approved today; and it was expected to receive sufficient points in the evaluation process to be successful. Member/Councilman Kelly moved to: 1) Waive further reading and adopt City Council Resolution No. 05-81, authorizing the submittal of an application to the California Department of Housing and Community Development, requesting BEGIN Program funding in an amount up to $2,790,000 for down payment assistance for the 93 single-family residences at the 20-acre site; 2) by Minute Motion, authorize the City Manager to execute all documents that may be necessary to facilitate the application or award; 3) waive further reading and adopt Redevelopment Agency Resolution No. 508, authorizing submittal of an application to the California Department of Housing and Community Development, requesting BEGIN Program funding in an amount up to $2,790,000 for down payment assistance for the 93 single-family residences at the 20-acre site; 4) by Minute Motion, authorize the Executive Director to execute all documents that may be necessary to facilitate the application or award. Motion was seconded by Benson and carried by 4-0 vote, with Crites ABSENT. C. REQUEST FOR ADOPTION OF RESOLUTIONS TO ESTABLISH CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK). Mr. Yrigoyen noted that the resolutions for adoption areforthe establishment of a Community Facilities District (CFD), and they're also for the authorization to issue bonded indebtedness and to approve the financing team and professionals. He said the CFD area included land south of Gerald Ford Drive, west of Cook Street, north of Frank Sinatra, and the western boundary ran along the City's 170-acre site. He went on to say the purpose of today's request is for staff to begin the process and determine the amount of bonds that will need to be issued to do the improvements, which are outlined in the staff report and include regional and local arterial streets, parks, sewer systems, and fees. Approval of this CFD will provide for the development of a great portion of the City's North Sphere. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 Responding to question, Mr. Yrigoyen answered that this CFD would include improvements to Gerald Ford Drive and Frank Sinatra Drive, as well as the interior roads. Further, he affirmed that all 15 parcels listed on Exhibit "B" of the petition would get the public improvements at the same time. Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 05-87 to establish City of Palm Desert Community Facilities District No. 2005-1 (University Park) and to authorize the levy of a special tax within said District; 2) Resolution No. 05-88 to incur bonded indebtedness within the proposed City of Palm Desert Community Facilities District No. 2005-1 (University Park); 3) Resolution No. 05-89, appointing Finance Professionals in connection with the proposed formation of the Community Facilities District — with this issuance of bonds for said District to be contingent upon the City's ability to secure performance bonds for the improvements to north and south sides of Gerald Ford Drive. Motion was seconded by Kelly and carried by a 4-0 vote, with Crites ABSENT. D. CONSIDERATION OF REQUEST FOR FUNDING OF A TRAVEL CHANNEL SEGMENT FEATURING DESERT WILLOW GOLF RESORT. Councilman Spiegel moved to, by Minute Motion: 1) Concur with the recommendation of the Marketing Committee to contribute to the funding of Desert Willow Golf Resort's Travel Channel opportunity in the amount of $14,000; 2) appropriate $14,000 from the Unobligated General Fund Reserves for payment to Desert Willow for this purpose. Motion was seconded by Kelly, who added that this looked to be a great opportunity. The motion carried 4-0, with Crites ABSENT. E. UPDATE ON THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN AND APPROVAL OF A JOINT POWERS AGREEMENT (JPA) CREATING THE COACHELLA VALLEY CONSERVATION COMMISSION (CVCC) TO IMPLEMENT THE PLAN (CONTRACT NO. C24410). Mr. Ortega stated that this was a request coming out of CVAG (Coachella Valley Association of Governments), and the agreement has been approved by CVAG's Executive Committee. As required, he said all cities wishing to participate in the Commission must approve the agreement; however, it did not approve the Multiple Species Habitat Conservation Plan itself, which was still subject to review. Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute the subject agreement. Motion was seconded by Benson and carried by 4-0 vote, with Crites ABSENT. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 F. REQUEST FOR AUTHORIZATION TO INSTALL DIRECTIONAL SIGNS TO DESERT CITIES BAPTIST CHURCH IN TWO LOCATIONS. Councilman Spiegel moved to, by Minute Motion, direct staff to install directional signs to Desert Cities Baptist Church at two locations: 1) Highway 74 at Pitahaya; 2) El Paseo at Painter's Path. Motion was seconded by Kelly and carried by 4-0 vote, with Crites ABSENT. G. REQUEST FOR DIRECTION RELATIVE TO SITE SELECTION FOR A NEW CITY FIRE STATION. Mr. Ortega commented that this was an item coming back to the Council after budget discussions last summer. He recalled for the City Council that he'd advised that the City would be needing another fire station to serve the North Sphere. Staff had been working on some recommendations for siting and identifying the type of facility needed, as well as the cost, emphasizing that the cost shown in the staff report was preliminary. He said before development takes place in this area of the City, staff would like to establish where the fire station would be built so that developers would know that it was planned there. He noted the Redevelopment Agency's ownership of two property sites in the area and that the Fire Department has been involved in evaluating them from the perspective of service areas; it could be located on either site. However, on the map showing the area of service, the Fire Department has requested that the City consider the site on Frank Sinatra Drive —about three (3) acres of the 170-acre site. City Council's direction was requested so that staff can move further along with planning and financing the future station. Referring to the map, Councilman Spiegel observed that there was no circle located in the City's eastern section —from Portola Avenue to Washington Street. However, he noted there was a station on the other side of 1-10 and wondered if it covered part of Palm Desert. Fire Chief Ignacio Otero responded that the fire station in North Bermuda Dunes covers that portion of the City. He further affirmed that the Fire Department was suggesting relocating Station No. 71 to the area of Portola/Frank Sinatra. He added that the Thousand Palms Station also has response area in the City's North Sphere; Palm Desert Country Club area was partially covered by the Indian Wells Fire Station as well as the North La Quinta Fire Station. In further response, he said the location on Frank Sinatra provides the Department with a little better coverage to the east toward Cook Street and the future University Village. Councilman Kelly said even though there was a County Fire Station across the freeway, he had a problem with leaving the City's whole northeastern 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 section without a Palm Desert Fire Station. He acknowledged that the decision had been made to move the station on Portola and make one larger, more economical fire station, but he felt it meant a major residential portion of the City was not covered by one of its own stations. He asked about leaving the existing Portola Station open and establishing a new one in the City's northeastern area. Councilmember Benson was unaware of the plan to close the existing Portola Station, which led her to agree with Councilman Kelly's position. Mayor Pro Tem Ferguson said he'd like to see a map that included the service areas of the Washington Street and Eldorado Stations in order to determine where any service gaps may exist, even with mutual aid. He did not prefer the Frank Sinatra location, as that was where he would hook up the 170 acres with Desert Willow to make three golf courses. He wanted to find a better site for the fire station. Councilman Kelly agreed that the 170 acres should be left intact. Mr. Ortega offered to return to the City Council with the requested map and also with different ideas about siting the station in this area of the City, including possibly an area nearer to the University campuses. With City Council concurrence, staff was directed to return with another map, which includes all fire department coverage and possible alternative locations to site the new station in the North Sphere. H. CONSIDERATION OF THE COMMISSIONING OF MARLO BARTELS' DESIGN AS THE PUBLIC ART PROJECT AT THE LOWE'S LOCATED AT 35-900 MONTEREY AVENUE (Lowe's Home Improvement Warehouse, Inc., Applicant). Responding to question, Public Arts Manager Richard Twedt said Lowe's selected Artist Bartels from a field of about seven artists. Upon inquiry about the Lowe's corner being compatible with Shadow Ridge across the street, Mr. Twedt responded that staff did have to work hard with Lowe's landscape designer for a few months, but they did eventually adopt the City's vision for the landscaping so that it would reflect Shadow Ridge's. Councilman Kelly moved to, by Minute Motion: 1) Approve Mario Bartels' design as the public art component for the Lowe's Project located at 35-900 Monterey Avenue; 2) appropriate $38,000 for future reimbursement as part of the Art In Public Places fee component for this project. Motion was seconded by Spiegel and carried by 4-0 vote, with Crites ABSENT. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 NOTE: With City Council/Agency Board concurrence, this matter was transferred from the Redevelopment Agency Meeting Agenda of this date to the City Council Meeting Agenda. I. REQUEST FOR APPROVAL OF CONTRACT FOR PURCHASE OF INTERIOR FURNISHINGS FOR THE DESERT WILLOW LOBBY AREA (CONTRACT NO. C24370). Mr. Ortega noted the staff report and accompanying attachments that identified the budget for the furnishings and items to be replaced. Councilman Kelly moved to, by Minute Motion, authorize staff to enter into a contract with Impact Interiors, Tustin, California, to purchase interior furnishings for the Desert Willow lobby in the amount of $37,629.77 and appropriate said funds from Account No. 241-4195-495-8092. Motion was seconded by Spiegel and carried by 4-0 vote, with Crites ABSENT. XI. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF TRACT MAP NO. 30438-2 (Stone Eagle Development, Applicant) (Continued from the meetings of September 8, and September 22, 2005). Mayor Pro Tem Ferguson stated for the record that he would not be participating in this item, and he asked Councilman Kelly to preside over it. Mr. Ortega stated that the last time this was considered, there was a lot of input regarding a new creek that had been created as a result of the watering of the golf course at Stone Eagle. As of yesterday, he'd met with the developer, who indicated that he'd worked with the Water District to create a plan by which that water will be disposed of without letting it flow down the creek. Councilman Spiegel said as he understood it, the issue at hand was the condominiums at the base of the development and not the golf course, and Mr. Greenwood agreed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-73, approving the Final Subdivision Map of Tract No. 30438-2. Motion was seconded by Benson and carried by 3-0 vote, with Ferguson and Crites ABSENT. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 B. REQUEST FOR APPROVAL OF EMPLOYMENT AGREEMENT WITH CITY MANAGER CARLOS L. ORTEGA (CONTRACT NO. C20161) (Continued from the meeting of September 22, 2005). Mayor Pro Tem Ferguson recalled for his colleagues that by policy, the Mayor and Mayor Pro Tem are asked to confer with the City Council and then meet with the City Manager on an annual basis to review his performance in his role as both Executive Director of the Redevelopment Agency and Director of the Housing Authority, and as City Manager of the City of Palm Desert. He and Mayor Crites conducted that review and have returned with a recommendation of compensation in the amount of $200,000 per year and a continuation of the existing provision of a car allowance in the amount of $500 per month. He went on to say a suggestion was raised, and he also thought it would be helpful, to note that the circumstances that led the City Council to go with a contract with its City Manager initially may not be as valid today as they were then. Therefore, he said the thought was that all City employees are treated the same, so the City Manager should be too. He said although there was a contract presented in the agenda packets, it did not have those terms included, which he and the Mayor had requested so that the rest of the City Council would be aware of them. He apologized that some of the other personnel data that could be disclosed was also not included, as it may have been helpful to the City Council (i.e., other City Managers' salaries). He offered to answer questions. In response to Councilman Kelly's question, Mayor Pro Tem Ferguson confirmed that there would no longer be a contract; the City Manager would be treated like every other City employee. Councilman Spiegel moved to, by Minute Motion, approve a $200,000/year salary with City Manager Carlos L. Ortega, effective July 1, 2005, and continuation of the existing $500/month car allowance provision, with all other conditions of employment to be the same as those for all other City employees (no separate employment contract). Motion was seconded by Benson and carried on a vote of 4-0, with Crites ABSENT. C. CONSIDERATION OF THE INSTALLATION OF ADDITIONAL PARKING RESTRICTIONS ON DEEP CANYON ROAD, NORTH OF FRED WARING DRIVE (Continued from the meeting of September 22, 2005). Mr. Greenwood stated that staff was asked to look at parking restrictions on Deep Canyon Road associated with the expansion of Sacred Heart Church and School. He said staff had performed the review and conducted a sight line safety analysis —where cars can safely park on the curb and not block visibility of cars exiting the driveways. He went on to say that earlier today staff met with Sacred Heart representatives, and they were asking for a continuance of this item in order to work out additional details. He pointed 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 out that the staff recommendation was to only implement the red -curbing after the expansion of the church and school has occurred. Councilmember Benson thought when this was first discussed, the east side was going to be red -curbed, and the west side would not because of the entrance to the church; and people who have difficulty walking might want to come from that side. She didn't see how the west side blocked anyone's view. Mr. Greenwood responded that there was a sight line analysis in the staff report that shows how those cars blocked the sight line. Councilmember Benson disagreed; Deep Canyon was a collector street, and she didn't think it was necessary to paint the whole thing red. Mr. Greenwood added that residents directly north of the church and school requested red -curbing on the west side. Mayor Pro Tem Ferguson observed that the item had now been on the agenda twice, and the church has asked for a continuance each time. He asked whether or not the church was opposed to the City putting this off until after the master plan is done. Mr. Greenwood replied he didn't think they were opposed to putting it off until afterward; they were somewhat opposed to red -lining it at all. He affirmed that it was staffs intent to red -curb after construction was complete, not before it was started. He offered that additional analysis could also be performed when construction was complete. MR. MIKE ROVER, Attorney for Sacred Heart and President of its School Board, said Sacred Heart's position was that it was opposed to red -lining on the west side of Deep Canyon. Additionally, he said they received the "Driver's Line of Sight" study during a meeting with Mr. Greenwood this afternoon and discussed the possibility of taking a little more time to look at the basis for the results of the study with their traffic engineer. He stated they were not opposed to postponing it, understanding that staff's recommendation initially was to implement the red -curbing at the time construction was completed so that the new parking spots on site would accommodate some of those issues on Deep Canyon. Mr. Greenwood responded that staff felt the 200+ additional parking spaces should more than accommodate the cars that now park on Deep Canyon. In further response, he said he firmly believed that red -curbing is needed the entire frontage of the Sacred Heart School but that it could wait until the construction is done to do it. Although, he agreed that it could be looked at 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 again and brought back to the City Council once the construction was complete. Councilman Spiegel asked Mr. Rover about the empty buildings issue that was raised earlier in this meeting. MR. ROVER answered that the Fire Department had done some training exercises there, and he believed the fence around La Paz Villas had gone up this week. He said they planned to start demolition of the buildings next week, as soon as they were permitted to do so. He went on to ask for further clarification of today's agenda item, as he understood that it called for approval of red -lining at a future date. He said if that was the case, they would be opposed to it. However, if the proposal was to just simply review it at a later date, they would not be. MR. NORM EASTWOOD, 74-474 Myrsine Avenue, Palm Desert, stated he thought this issue came out of the recommendation to approve the project at Sacred Heart, and it was left to be answered. He noted that 140 local residents submitted a petition asking for red -lining on Deep Canyon, and the City's engineering staff agrees that it is the right thing to do. He pointed out that Father Lincoln had said his problem was having people park in the parking lot instead of on the street; red -lining will solve that problem for him. He went on to say that one of the requisites for the project was to have on - site parking for all vehicles that could go to the site, and there are 686 parking places, which more than accommodates any of the vehicle capacity of the people for the church. Further, he thought the matter was continued so that Father Lincoln could be present and a decision would be made; however, if a decision wasn't made soon, another year or two could go by before anyone came back to look at the problem. He noted that during the July 14 Meeting, Councilman Kelly expressed concern with on -street parking for the residents who are north of the property and felt that red -lining there would help them. He agreed and added that the Golf Cart Lane that runs here should also be taken into account. He also believed there was adequate handicapped parking on site, leaving no reason to park on Deep Canyon. He closed by stating that he'd counted six accidents in this area and urged the City Council to resolve this serious issue. MR. TOM McCUTCHEN, 24 Via Cielo Azul, Palm Desert, commented that there were currently approximately 430 paved parking spots on the church campus now. With the additional 262 paved spaces that have been approved in the recent master plan expansion, it would make a total of 686, and he added that they'd been told the sports field will provide overflow parking of another 200 spaces. He said the church's capacity is 1,400, and if it and the lot were full, it would mean each car brought less than two people. Therefore, he felt there was more than adequate parking when the expansion is completed. He said the local residents were certainly _ 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 reasonable; but they would love to have it red -lined today to help alleviate some of the problems now that the season was starting again. Although, he noted that all summer long cars were parked on both sides of the street, especially the west side —all the way down to Buttonwood —and the parking lot was half empty. He felt one of the reasons parishioners parked along Deep Canyon and Florine is that the church still hasn't addressed the ingress/egress problem, which residents had asked to be considered as part of the master plan, but it's never been ultimately decided. He believed having designated one-way driveways for in and out would help, since there are only 30 minutes between each of the total of eight masses on Saturday night and on Sunday, and there are 300-600 cars coming and going at the same time. He felt the City Council's request that the church hire an off -duty police officer during the season (November - May) will help. He said the other reason residents want red -lining on both sides of Deep Canyon is that once the parish hall is built, it will be used until 10:00 p.m. Sunday through Friday nights and until 11:00 p.m. on Saturdays. All the homes along Deep Canyon have their bedrooms typically on the streetside, and they were concerned about the disturbance with cars starting, car doors slamming, and people saying their goodbyes. Therefore, he said they strongly support Mr. Greenwood's recommendation for red -lining both sides of Deep Canyon from Fred Waring all the way to the curb at Magnesia Falls and encouraged the decision be made tonight. MR. ROVER reiterated that he understood that the red -curbing would be done at some point when the project is either nearing or at completion, approximately 12 months from now. He said approving it tonight would not expedite the red -lining of Deep Canyon on either side. Additionally, he wanted to point out that the church was not expanding; only the school was being expanded. He cautioned that if tonight's decision is for red -lining all along Deep Canyon at some point in the future, it will force parking onto Moss Rose and Florine, etc. Since he'd only obtained the line of sight study earlier this afternoon, he again asked for additional time for their traffic engineer to review it, as his Supplemental Traffic Report No. 2 was in direct contradiction. He apologized for Father Lincoln's attendance, as he thought he was planning to be present by this time. Councilman Kelly said given the hours of testimony that had been received in this matter, he advocated immediate red -lining for the east side of Deep Canyon as well as the west side north of the church property, leaving the curb in front of the church property for parking. Councilman Kelly moved to, by Minute Motion, approve immediate red -curbing on the east side of Deep Canyon Road and for portions north of the Sacred Heart property line. Motion was seconded by Benson and carried by 4-0 vote, with Crites ABSENT. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 XII. OLD BUSINESS A. CONSIDERATION OF REQUEST FOR SPONSORSHIP OF THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL, JANUARY 5 - 16, 2006. Councilman Spiegel moved to, by Minute Motion, concur with the recommendation of the Marketing Committee and approve sponsorship of the 2006 Palm Springs International Film Festival in the amount of $50,000. Motion was seconded by Ferguson and carried by a 3-1 vote, with Benson voting NO and Crites ABSENT. B. CONSIDERATION OF THE APPROVAL OF FINAL DESIGN DRAWINGS, SPECIFICALLY THE NORTH ELEVATION OF THE BEDROSIAN CERAMIC TILE AND STONE WAREHOUSE/SHOWROOM BUILDING AT 73-550 DINAH SHORE DRIVE Case No. PP 04-30 (Development Resource Consultants, Applicant). In response to question, Associate Planner Francisco Urbina replied that the City Council had asked for additional architectural articulation along the north elevation of the Bedrosian Tile building, which will be visible from the freeway. He said the Applicant had done that with elements that are offset by 16 inches, and a height exception was involved on the building for certain elements that are 35 feet high; the standard height limit in this zone is 30 feet. He reported that the Architectural Review Commission unanimously approved the height exception because it added to the aesthetic quality of the project. Further, he said there were more inset cobalt -blue tiles than were shown on the previous elevations, and contrasting colors had been added in between the concrete scoring lines for additional visual interest. He said staff recommends that the City Council approve the height exception and the revised north elevation. Councilman Spiegel moved to , by Minute Motion, approve the final design drawings, including the north elevation of the Bedrosian Ceramic Tile and Stone Warehouse/Showroom building at 73-550 Dinah Shore Drive, Case No. PP 04-30. Responding to further question, Mr. Urbina said that Architectural Review Commission added a condition on the project that the top portion had to be inset at least 10 feet toward the interior so that it wouldn't appear like an artificial plant -on. Councilman Kelly seconded Councilman Spiegel's motion, and it carried by3-1 vote, with Benson voting NO and Crites ABSENT. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 C. CONSIDERATION OF THE COMMISSIONING OF DESIGN BY LYNN BASA FOR THE PALMA VILLAGE NEIGHBORHOOD PARK FOUNTAIN FEATURE. Upon inquiry, Public Arts Manager Richard Twedt said the site was already plumbed with water, and the fountain would have a small bubbler right in the center. In further response, he said kids probably would end up playing in it. Councilman Spiegel moved to, by Minute Motion: 1) Approve one design by Lynn Basa for the Palma Village Neighborhood Park Fountain Feature; 2) approve Contract No. C23840 with Lynn Basa for creation of said Fountain Feature in the amount of $10,000 and authorize the Mayor to execute same — funds are available in Account No. 436-4650-454-4001. Councilman Kelly commented that he actually favored one of the artists that didn't make the final three for this project, as he much preferred desert colors be used that were more appropriate and much less prone to fading, especially in a park setting. Mayor Pro Tem Ferguson said he agreed with the desert colors comment, but he was also very concerned about the application —water on ceramic tile would be slippery and a hazardous hard surface in the middle of a park where kids played. Mr. Twedt said that concern was always present but offered that there were only small elements of the entire circle that were mosaic tile. He said the majority of the material was a terrazzo, which is a flooring material typically used in homes or commercial applications. Mayor Pro Tem Ferguson related that he'd recently been to Fashion Island with his children, and there were interactive fountains there with compressible rubber flooring all the way around them. He felt that would be a safer alternative, adding that he was not opposed to the artist's design but wanted to make it safer. Mr. Twedt responded that he was unsure about the cost difference between the terrazzo and mosaic versus the rubberized surface. Councilman Spiegel noted that this was a passive area in Palma Village Park, and the kids wouldn't necessarily be playing here. He thought the fountain would be a nice addition for anyone wanting to just relax or read in this area. Mr. Twedt pointed out that there was an interactive cactus fountain in the playground area on the other side of the park, a water feature designed 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 specifically for kids to enjoy. He noted that this particular area of the park was very contemplative, with benches, a place to sit and visit with one another; there was no playground equipment in this area. Councilman Kelly said he could live with the colors proposed for the fountain, but now he would be opposed to it purely for the safety aspect. Councilman Spiegel withdrew his motion. Councilmember Benson said she agreed with Mayor Pro Tem Ferguson; it needed to be something safe for kids if you're going to put water on it. Additionally, she also wanted to see desert colors used because blue would really take a beating in the sun, and it will look old before it's even used. She said even if the cost went up, it needed to be safe. Councilmember Benson moved to continue the matter in order to see what else the artist could propose with alternative materials and color scheme. Motion was seconded by Spiegel and carried by a 4-0 vote, with Crites ABSENT. D. REQUEST FOR APPROVAL OF SIX DESIGN PROPOSALS FOR THE "EMBRACING THE DESERT" PROJECT. Mr. Twedt explained the program, which would include six individual pieces that would be displayed for about six months. He said several would be sited at the new Visitor Information Center, and the Marriott was also interested in hosting one of the pieces, as were Cal State San Bernardino, UCR, and College of the Desert. He went on to say the program was approved several months ago, and it was really an educational program for artists that have no experience or limited experience with public art. He said public art was difficult because an artist didn't get a project until it they'd done one — and this was their chance to do one in Palm Desert. Responding to Councilman Kelly's comment, Mr. Twedt said he'd just been thinking about placing the frog piece near one of the ponds where all the frogs sun themselves. Responding to Councilman Spiegel, he said the program was similar to the El Paseo Exhibition, except the artists would be building the pieces; those on El Paseo are already built and the City chooses them for display. The subject program provided artists seed money to construct their pieces. Further, he said after the six-month display in the City, it was hoped that the artists would be able to sell their pieces, or if there was something very desirable, the City might consider asking the artist to donate it back. Councilmembers agreed that it sounded like a great program. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 Councilman Kelly moved to, by Minute Motion: 1) Approve the "Embracing the Desert" design proposals, as recommended by the Art In Public Places Commission; 2) approve contracts with each of the six designers in the amount of $6,500 each and authorize the Mayor to execute same (Contract Nos. C24430A-F). Motion was seconded by Benson and carried by 4-0 vote, with Crites ABSENT. E. REQUEST FOR CITY COUNCIL DIRECTION RELATIVE TO THE PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (CVA) REORGANIZATION. Mayor Pro Tem Ferguson acknowledged Councilmember Benson's staff report, summarizing observations from her considerable time with the CVA. He also referred to the memo from Mayor Crites, which suggested certain answers to questions posed by Councilmember Benson, as well as three additional recommendations for the Council's consideration. Councilman Kelly prefaced his remarks by emphasizing that they had nothing to do with Councilmember Benson's representation of the City on the CVA, as he felt she'd done a great job, and he commended her for volunteering on regional projects that were often thankless. He went on to say he'd read the staff report and made notes before reading the Mayor's memo, and after reading that, it was almost like he'd dictated it. He agreed with it 100%: 1) That non -elected members should not sit as voting members; 2) that the CVA should change its name to something like "Desert Resorts CVA" and use individual city names as needed; 3) that the CVA should definitely not hire somebody to work at the Palm Springs Convention Center. He further agreed with the Mayor's comment about taking a good look at what Palm Desert is getting for its million dollars and whether it could be put to better use by joining efforts with the City's hotels and businesses, and the potential of possibly forming something mid -Valley. On that basis, he felt the City should make some sort of notice of its intention to do something different, and then preparation would be made should the City definitely decide to go a different way once it studied the alternatives. Mayor Pro Tem Ferguson said in reading through the Joint Powers Authority (JPA) formation documents and bylaws, he found that if somebody were to leave the CVA, the effective date of that severance would be December 31 of whatever year it happened to be. However, the notice of the desire to leave the JPA must be given 13 months prior to the effective date. Therefore, he said if the City decided to leave the CVA, or at least give notice, in order to preserve the right to get out, pending answers to questions at the bottom of the Mayor's memo; or if the new Executive Director is not as successful as he thinks he'll be in turning the CVA around, Palm Desert would need to give its notice by November 30, 2005. He said the hedge on not doing that would be the City's commitment of $2 million for the next two years, which he felt was a lot of taxpayer funds on the line. He did not wish 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 any ill will on the CVA, and he didn't want putting in notice to be seen as an omen of no confidence, but he also wasn't comfortable betting a million bucks on an uncertain outcome, with questionable decisions being made there as recently as four weeks ago. He felt it would be important for the City Council to discuss the matter, given the short time frame ahead. Councilmember Benson stated that the new director was scheduled to be on board November 1, and having direction of what Palm Desert is looking at during the coming year will show the entire CVA Board its intent. She believed it would be important to give the new director and whole group a chance to turn things around; even with the amount of money the City has to commit, giving notice this year would be a disservice. Further, she noted that a lot of other Valley cities east of Palm Springs had the same sentiment as her colleagues in Palm Desert, but there was a lot of hope for turning things around. She felt it wasn't just the City's decision but a major one for the hotel properties, and it definitely needed to be studied carefully. She said felt the Mayor's memo had a lot of merit and should be conveyed to the CVA but that the City shouldn't give notice for the coming year. Mayor Pro Tem Ferguson said as he understood the CVA documents, simply giving the City's notice of its intent to consider withdrawing was not a decision to withdraw, unless it didn't change its mind. But if the City did change its mind, and the new Executive Director is doing well and everyone is quite happy, Palm Desert could opt back in at no additional penalty. Therefore, he felt the City Council had the ability to do everything Councilmember Benson wanted and everything Councilman Kelly and he are concerned about without putting another million dollars at risk. Mrs. Gilligan pointed out that there was a clause in the prior CVA agreement that said if the City pulled out, it still paid the next year's dues. But if it wanted to come back, for example in five years, the City would pay five years' worth of dues in order to get back in. She said if the City issued its notice of intent to withdraw, it would also lose its vote next year. Mayor Pro Tem Ferguson reiterated, however, that if the City opted back in during the 13-month period, it wouldn't be out anything. Councilman Spiegel suggested deferring the matter to the City Council's next meeting in order to get a report from the City Attorney on what the obligations would be. He was in agreement with Mayor Crites' memo and noted that the Coachella Valley and its nine cities have a population of 319,000; Palm Springs has 45,000, which equals 14.3%, telling him that the "tail was wagging the dog." He acknowledged that Palm Springs contributes more money to the CVA than most of the other cities, but not much more than Palm Desert, and he didn't see our city mentioned very much. He 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 further suggested inviting the new director to Palm Desert so that the City Council could let him know its concerns directly. Mayor Pro Tem Ferguson noted that Councilmember Benson has a CVA meeting coming up, and she wanted to be able to be able to convey Palm Desert's position on the first three questions in the Mayor's memo. He asked whether his colleagues agreed on that much, with the understanding that they could bring back at their next meeting the question of serving notice. Councilman Spiegel moved to, by Minute Motion: 1) Authorize Palm Desert's City Council liaison to carry the following direction to the next CVA Meeting: a) That non -elected members should not sit as voting members of the Board; b) that the CVA should change its name to "Desert Resorts CVA" and that specific names, such as Palm Desert or Palm Springs, be used in advertising campaigns where they are appropriate; c) that the CVA not hire a salesperson on CVA funds to be responsible for booking conventions at the Palm Springs Convention Center; 2) continued to the next City Council Meeting the issue of determining whether or not to serve notice of intent to withdraw from the CVA prior to November 30. Motion was seconded by Kelly and carried by 4-0 vote, with Crites ABSENT. XIII. PUBLIC HEARINGS A. REQUEST FOR ACCEPTANCE OF CAL COPS (SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING - SLESF) GRANT AWARD IN THE AMOUNT OF $100,000. Mayor Pro Tem Ferguson declared the public hearing open and invited public testimony on this item. With no testimony offered, he declared the public hearing closed. Councilman Spiegel moved to, by Minute Motion, accept the Cal COPS - SLESF Grant Award of $100,000 to be used to cover the proposed staffing cost for the 2005 Holiday Theft Suppression Program and the acquisition of necessary equipment to support front line law enforcement services. Motion was seconded by Ferguson and carried on a 4-0 vote. XIV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None 24 . MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 C. CITY CLERK 1. Mrs. Klassen introduced the City's new Deputy City Clerk, Grace Mendoza, who began work on September 26 and would be attending City Council Meetings from this point forward. 2. Mrs. Gilligan reported that there had been a request that the City Council adjourn today's meeting to 2:00 p.m. on Thursday, October27, for the purpose of conducting a Closed Session regarding personnel matters. 3. Mrs. Gilligan and Mr. Croy also introduced the City's new Deputy Building Official, Dan Kaiser, who also began work with the City on September 26. D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Request for Sponsorship of the Retired and Senior Volunteer Program (RSVP) Recognition Celebration in the Amount of $2,340 (Mayor Buford A. Crites). Councilman Kelly moved to, by Minute Motion, approve the request for sponsorship in the stated amount. Motion was seconded by Spiegel and carried by 4-0 vote, with Crites ABSENT. 2. Palm Desert Community Center/Coachella Valley Recreation & Park District— Councilmember Benson asked about the recent influx of correspondence regarding Jazzercise at the Community Center. Councilman Spiegel said the reason for the issue was that the rent was being increased for all groups who use the Community Center. He noted that the City wasn't asked for 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 any input on the matter, but when it is finalized, he'd be happy to give a report. Councilman Kelly offered that he'd received a constituent comment that the exercise equipment at the Community Center needed to be replaced, and he would appreciate staff also investigating this related concem. o City Council Committee Reports: 1. Coachella Valley Animal Campus — Councilmember Benson reported that the Animal Campus will be ready for dogs and cats around November 10, with the facility currently in its final phases of construction and preparation. She said the Friends of the Animal Campus had planned a soft opening for elected officials and key staff on December 8 at 10:00 a.m. Additionally, she noted that when the building was bid, there were things they had wished for in the final design but were unable to include due to cost considerations. However, Friends of the Campus Member Don Rubin was able to secure about $5,000 from donors and Supervisor Wilson this morning also agreed that the County would put up the balance of funds needed to install automatic waterers for each cage. She said it was hoped that donations would be received for some of the other extras they had wished for as well. o City Council Comments: 1. League of California Cities Annual Conference — Mayor Pro Tem Ferguson commented that he and Councilman Spiegel just attended the Conference in San Francisco. He went on to say he attended a session on Green Buildings, even though the City already had one (Visitor Information Center), but the program suggested that this concept was becoming more and more well known and cities were encouraged to design their own guidelines for environmentally friendly buildings. He felt it would be a good idea if the City undertook such a process. 2. Southern California Edison — Mayor Pro Tem Ferguson stated that he and Mr. Ortega also had an opportunity to meet with representatives from Edison's regulatory arm about the City's recent discussions on energy conservation. Edison recently received $2.1 billion of funding from the State of California for energy conservation and efficiency over the next three years and were given permission to accelerate that money into the 26 . MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 2005 year. He said Edison seemed very receptive to any proposal that the City may want some assistance with funding its program. Therefore, he said they planned to meet with the official later this month in San Francisco and further discuss it. XV. ORAL COMMUNICATIONS - C None XVI. ADJOURNMENT With City Council concurrence, Mayor Pro Tem Ferguson adjourned the meeting at 5:51 p.m. to 2:00 p.m. on October 27, 2005. JI , MAYOR PRO-TEMPORE ATTEST: CH LLE D. KLASSF1 , CITY CLERK CITY OF PALM DESERT, CALIFORNIA