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HomeMy WebLinkAbout2005-10-27MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 2005 CIVIC CENTER COUNCIL CHAMBER 1. CALL TO ORDER - 3:00 P.M. Mayor Crites convened the meeting at 3:02 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Jim Ferguson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney 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 Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer David Yrigoyen, Director of Redevelopment & Housing Walt Holloway, Battalion 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 Request for Closed Session: 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 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 On a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, Mayor Crites adjourned the meeting to Closed Session at 3:03 p.m. He reconvened the meeting at 4:03 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None (See Redevelopment Agency Agenda Item IX.) VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 13, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 75, 76, 79, 80, 83, 84, 87, 88, 89, and 92. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meeting of September 20, 2005. 2. Public Safety Commission Meeting of September 14, 2005. 3. Youth Committee Meeting of September 6, 2005. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 D. CONSIDERATION of Palm Desert Sister Cities Committee Recommendation Concerning Expenditure of Golf Tournament Funds for Educational Needs. Rec: By Minute Motion: 1) Ratify the donation of $3,333 to two special needs schools in the Sister City of Gisborne, New Zealand; 2) approve the donation of $3,333 to Abraham Lincoln Elementary School, Palm Desert; 3) approve the recommendation to donate $3,333 to two schools in the Sister City of Ixtapa-Zihuatanejo, Mexico; 4) appropriate $10,000 from the Unobligated General Fund Reserve to Account No. 110-4416-414-3126. E. REQUEST FOR ADOPTION of Resolutions, Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged (June, July, August 2005). Rec: Waive further reading and adopt: 1) Resolution No. 05-93 for June 2005 records; 2) Resolution No. 05-94 for July 2005 records; 3) Resolution No. 05-95 for August 2005 records. F. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C20580D1 — Mesa View Fire Station (No. 67) Renovation Project. Rec: By Minute Motion, approve Change Order No. 2 in the amount of $5,865 to the subject contract with Commercial Diversified, Inc., Twentynine Palms, Califomia, and authorize the Mayor to execute same for modifications associated with the Fire Station No. 67 Renovation Project. G. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C23450 — Citywide Tree Pruning Program (Project No. 932-05). Rec: By Minute Motion: 1) Authorize the transfer of $8,606.80 from contingency to base for the subject contract; 2) approve Change Order No. 1 in the amount of $8,606.80 to the subject contract with Tree Rite, Bermuda Dunes, California, and authorize the Mayor to execute same. H. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C23540 — Citywide Palm Tree Pruning Program (Project No. 931-05). Rec: By Minute Motion: 1) Authorize the transfer of $4,180 from contingency to base for the subject contract; 2) approve Change Order No. 1 in the amount of $4,180 to the subject contract with Andy's Tree Service and Gardening, Palm Desert, California, and authorize the Mayor to execute same. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C23960 — Installation of Curbing and Flatwork on the Firecliff Course/Mountain View Course at Desert Willow Golf Resort (Contreras Construction Co., Indio, 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. J. REQUEST FOR AUTHORIZATION to Reduce Progress Payment Retention on Civic Center Well Site Project (Contract No. C23090, Project No. 720-01). Rec: By Minute Motion, authorize the reduction of progress payment retention from 10% to 5% for construction of the new irrigation pump station for the well site at Civic Center Park. K. REQUEST FOR APPROVAL of the Collection of Machine Traffic Count Data at Intersections on Highway 111 and Highway 74. Rec: By Minute Motion, authorize All Traffic Data Services, Inc., Wheat Ridge, Colorado, to collect machine traffic count data at 13 intersections on Highway 111 and Highway 74 at a cost of $11,700 — funds are available in Account No. 110-4250-433-3325. L. REQUEST FOR APPROVAL of the Collection of Manual Turning Movement Count Data at Intersections on Highway 111 and Highway 74. Rec: By Minute Motion, authorize Counts Unlimited, Inc., Moreno Valley, California, to collect manual turning movement count data at 13 intersections on Highway 111 and Highway 74 at a cost of $16,800 — funds are available in Account No. 110-4250-433-3325. M. REQUEST FOR AWARD OF CONTRACT for Professional Services to Re-form the Presidents' Plaza III Business Improvement District (Contract No. C24450). Rec: By Minute Motion, authorize the Mayor to execute the subject contract with MuniFinancial, Temecula, California, in the amount of $10,500 and authorize a 10% contingency to re-form the Presidents' Plaza III Business Improvement District — funds are available in Account No. 110-4260-422-3090. This item approved 4-0-1, with Ferguson ABSTAINING. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 N. REQUEST FOR APPROPRIATION of Funds from Park and Recreation Fund (Fund 430) for the Art In Public Places Project Contribution from the Palma Village Park Project. Rec: By Minute Motion: 1) Appropriate $10,000 from Fund 430 unobligated fund balance; 2) transfer $10,000 from Fund 430 to the Art In Public Places Fund to satisfy the Art In Public Places requirement for the Palma Village Park project. O. REQUEST FOR RATIFICATION of City Manager's Approval of Expenditure of Cal COPS Funds — School Resource Officer Program. Rec: By Minute Motion, ratify the City Manager's Approval dated September 30, 2005, of an expenditure of $342.45, as requested by Palm Desert Police Lt. Steve Thetford in his memorandum dated September 28, 2005, for legal research material for the Palm Desert School Resource Officer Program. P. REQUEST FOR RATIFICATION of City Manager's Approval of Expenditure from the Police Contingency Fund — School Resource Officer Program. Rec: By Minute Motion, ratify the City Manager's approval of an expenditure of $4,074.25 from the Police Contingency Fund to purchase program supplies for five School Resource Officer programs. Q. REQUEST FOR RATIFICATION of City Manager's Approval of Expenditure from Police Contingency Fund — Palm Desert Police Cadet Program Uniforms. Rec: By Minute Motion, ratify the City Manager's approval of an expenditure of $887.42 from the Police Contingency Fund to purchase Palm Desert Police Cadet Program uniforms. R. REQUEST FOR APPROVAL of Seventh Annual "Turkey Trot." Rec: By Minute Motion, authorize the Desert Cities Track Club to stage their Seventh Annual "Turkey Trot" on Thursday, November 24, 2005 (Thanksgiving Day), from 7:30 a.m. to 9:30 a.m. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 S. REQUEST FOR APPROVAL of Out -of -State Travel for Radiation Safety Officer Training. Rec: By Minute Motion, approve the subject travel for the Senior Public Works Inspector to attend the Radiation Safety Officer Training Course in Las Vegas, Nevada, December 5-9, 2005 — funds are available in Account No. 110-4300-413-3120. T. REQUEST FOR APPROVAL of Out -of -State Travel for Institute of Transportation Engineers District 6 Annual Conference. Rec: By Minute Motion, approve the subject travel for the City Engineer and Transportation Engineer to attend the ITE Conference in Honolulu, Hawaii, June 25-28, 2006 — funds are available in Account No. 110-4300-413-3120. U. REQUEST FOR APPROVAL of Amendment No. 1 to Each of the Reimbursement Agreements with the Coachella Valley Association of Governments (CVAG) for Cook Street Widening and for Portola Bridge Over the Whitewater Channel. Rec: By Minute Motion, approve and authorize the Mayor to execute: 1) Amendment No. 1 to the Reimbursement Agreement with CVAG for the Cook Street Widening Project (Contract No. C23761, Project No. 601-05); 2) Amendment No. 1 to the Reimbursement Agreement with CVAG for the Portola Bridge Over the Whitewater Channel Project (Contract No. C22871A, Project No. 647-04). V. REQUEST FOR APPROVAL of the Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG) for Design, Right-of- way, and Construction of the Monterey Avenue/I-10 Interchange Improvements (Contract No. C22310B, Project No. 669-02). Rec: By Minute Motion, approve of the subject Reimbursement Agreement and authorize the Mayor to execute same. W. REQUEST FOR RATIFICATION of the City Manager's Execution of Amendment A to Contract No. C21661 — Funding of PM10 Mitigation Measures. Rec: By Minute Motion, ratify the City Manager's execution of Amendment "A" to Contract MS03068 with South Coast Air Quality Management District to extend the deadline for the funding of PM10 mitigation measures. Mayor Pro Tem Ferguson noted for the record that he would be abstaining from the vote on Item M. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 Upon a motion by Spiegel, second by Kelly, and 5-0 vote of the City Council, the Consent Calendar was approved as presented, with Ferguson ABSTAINING on the vote for Item M. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None IX. ORDINANCES For Introduction: None For Adoption: 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 commented that the subject matter was a request for adoption of the ordinance, unless there were any proposed changes to be made to it. Mayor Crites noted that there had been a variety of letters, faxes, and e-mails sent to the City Council regarding this item, and he felt it would also be appropriate to offer the public an opportunity to comment on it at this meeting. Mayor Pro Tem Ferguson also requested a short presentation from the Assistant Chief of Police about why the matter was being addressed by the City Council. Lt. Thetford, Assistant Palm Desert Chief of Police, said the issue was brought to the City Council after researching the matter and due to the conflict between Federal and State law. He said the matter was presented to the City Attorney with the idea of drafting an ordinance for banning medical marijuana distribution points within the City until the legal conflict was resolved. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 Mayor Pro Tem Ferguson noted that in going through the Medical Marijuana Act, enacted pursuant to the People's Initiative, it made reference to one of their goals, which was, "...to encourage Federal and State Governments to implement a plan to provide for the safe and affordable distribution of marijuana." He wondered what the State had done about it. Lt. Thetford said he was not aware of anything being done by the State. However, he said the County of Riverside had taken an action, but it is now also looking to put a ban on its ordinance for the next six months in order to further study the issue. He said this uncertainty was another reason the matter was brought to the City Council. In response to whether or not there is any current regulation of medical marijuana dispensaries, he answered that there was the State law that was proposed, which sends the guidelines down to the County level to establish the process by which it is to be regulated. He said that process is in draft form, and there is an ordinance right now because of the law banning it until that process is complete. Mayor Crites asked the City Attorney if the City had the option of staying out of the fight until the conflicts are resolved. Mr. Erwin answered that was an option for the City Council. He said there was nothing compelling the City to pass the subject ordinance. In answer to question about whether any medical marijuana dispensaries exist in Palm Desert, Mr. Ortega said he was unsure; he understood there may be one. Lt. Thetford responded that there were no legal medical marijuana dispensaries in Palm Desert at this time. Mayor Crites invited members of the public who wanted to speak to this issue to do so at this time. The following individuals spoke in OPPOSITION to the City's adoption of Ordinance No. 1102 for a variety of physiological and psychological issues that they said had been mitigated by the use of medical marijuana and, therefore, improved their quality of life and/or those with whom they were in contact. They asked the City Council to reconsider its position and to find a way to allow the safe, local dispensing of the remedy for those who needed it; many offered to sit down with the City Council to help it work through this issue. MR. RICK PANTELLI (sp?), resident of Cathedral City, CA. MR. LANNY SWERDLOW, Director of the Medical Marijuana Anti -prohibition Project , a medical marijuana patient support group based in the Coachella Valley, submitted a written copy of his statement of opposition, which is now on file and of record in the City Clerk's Office. He also cited references 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 made in the letter from the ACLU (American Civil Liberties Union), which is also on file and of record in the City Clerk's Office. MR. GORDON SOLOMONSON, of Oakwood Way, Palm Desert, CA (letter received, on file and of record). MR. MARTIN VICTOR, resident of Temecula, CA. MS. LA VONNE VICTOR, resident of Temecula, CA (e-mail received, on file and of record). MR. STACY HOCHANADEL, lifetime Coachella Valley resident and operator of Himpie's Cannabis Dispensary, 73-350 El Paseo, Suite No. 204, Palm Desert, who also described some of the regulatory structure that is involved in the actual dispensing of medical cannabis. Responding to question, he said Riverside County is still figuring out the regulatory mechanism and land use issues for permitting a medical marijuana dispensary. Further responding, he said his store would not distribute the product to anyone who didn't have the proper identification and referral paperwork. MS. SUSAN MARIE WEBER, 43-041 Buttonwood Drive, Palm Desert, CA. MS. SHARON CRAIN, resident of Cathedral City, CA. MR. ANTHONY BARR, resident of Cathedral City, CA. MR. JEFFERY BRADSHAW, resident of Desert Hot Springs, CA. MR. GARRY A. SILVA, resident of Sky Valley, CA. MS. SUMMER GLENNY, resident of Redlands, CA, and peer counselor with Americans For Safe Access at the Himpie's Dispensary in Palm Desert. Mayor Pro Tem Ferguson commented that democracy did work; he'd obtained more information today than he did in his own research. Additionally, he said that while he didn't agree with everything in it, he felt the letter from the ACLU was very thoughtful. He went on to say it was never his intention to affect people with a legitimate need and use for medical marijuana. He said after discussing the issue with many people, he found none of them thought that people should not have a right to use medical marijuana when it was prescribed or recommended by a licensed physician and while under their care. His big concern was with the opening of facilities without regulations, like those described in the gentleman's testimony earlier tonight (i.e., double -locked doors, video surveillance, receipts, I.D.s, doctor's recommendation, inventory control). He now recognized the broad, 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 sweeping language the subject ordinance contained. His intent was to prevent people from making a mockery of Proposition 215, particularly in the unlicensed and unregulated realm —where he foresaw widespread pernicious abuse of the law, basically for drug -dealing. Therefore, he felt that the City did need an ordinance to allow dispensaries and to regulate them in a manner as discussed here, and he offered to sit down and work on that ordinance with the community of interest present today. However, as currently worded, he was unable to support the subject ordinance. Councilman Spiegel commented about an article in today's Desert Sun that talked about the State v. Federal Government, with a case currently underway in San Jose that challenged the Federal Govemment's right to restrict states from allowing medical marijuana use. He added that there was another comment he'd come across that likened the present method of dispensing codeine with what could be done with marijuana, which made sense to him. He, too, was concemed with control, and he hoped the State would be able to make some workable and practical recommendations for it. He appreciated the comments provided today, noting that he wasn't ready to pass the subject ordinance either, but he would like to see better control put into place. Councilman Kelly said in his meeting with some of the people who testified today, there was a slight disagreement when he tried to make the point that he didn't have a problem with properly administered medical marijuana use. He concurred that the problem faced by the City was that it did not have any guidelines or procedures to control it properly. He pointed out that he and his colleagues were elected to maintain law and order and to ensure that things are done in a way that protects the health, safety, and welfare of its residents and the public generally. Therefore, he agreed with his colleagues and did not have a problem with properly administered medical marijuana, but he encouraged establishing appropriate regulations for this purpose and to coordinate them with the County's. Councilmember Benson said she did not have any comments to add to those already provided. Mayor Crites remarked that he was personally appreciative of the thoughtful way in which people presented their points of view and of the Police Chief's look at the issue from a law enforcement perspective with the lack of succinct guidelines for it. He didn't think the City Council could do anything more compassionate than to try to look at the State law and find a way to live within it appropriately, and to also find a way to act on behalf of the needs of its citizens. He said he was also very much in agreement with his colleagues. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 Mayor Pro Tem Ferguson moved to, by Minute Motion, continue the matter of a regulation for medical marijuana dispensaries to a date uncertain, with direction to work with the County of Riverside's guidelines, the local community, and law enforcement to find an appropriate balance of regulation that will protect all affected parties. Motion was seconded by Crites and carried by a 5-0 vote. With City Council concurrence, Mayor Crites recessed the meeting at 5:50 p.m. He reconvened the meeting at 5:55 p.m. X. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTIONS AUTHORIZING THE FUNDING FOR A TRAFFIC SIGNAL AT THE INTERSECTION OF COUNTRY CLUB DRIVE AND VIA SCENA/SHOPPING CENTER DRIVEWAY (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega called attention to the new report that was distributed for this item, which includes a different amount of participation from the Agency/City. Economic Development Manager Ruth Ann Moore said the change to the report had to do with the funding and the amounts of the funding; with an appropriation of $187,500 being requested from the City and $62,500 from the Redevelopment Agency. In answer to question, she said the distance between the signal at Country Club Drive/Monterey Avenue and the proposed new signal was 900 feet, and the distance from the new signal to the next one at Suncrest Country Club was 1,200 feet, which meant there would be three traffic signals within a span of 2,100 linear feet. Mr. Greenwood noted that after researching the matter, he transmitted a supplemental memo to Ms. Moore's staff report. He said it had always generally been assumed that there would be a signal at this intersection. Even before the Merano residential project was proposed, staff performed a study of three intersections along Country Club Drive in 1992 (i.e., the subject intersection, Suncrest/San Tropez, and Palm Desert Greens), which indicated that the signal at the shopping center driveway met the warrants and was recommended for signalization at that time. He went on to say that when the Merano project was approved, money for signalization of that intersection was included in the assessment district, further memorializing the intent for a signal at this location. Therefore, he stated that staff recommended approval. Member/Councilman Spiegel said he would approve the item; in addition to the signal always being planned for this location, it was one of the conditions necessary to secure Bristol Farms for the former Albertsons building at the 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 subject center. Without them, he feared the center would die, and that would be very detrimental to the City. Member/Councilman Spiegel moved to: 1) Waive further reading and adopt City Council Resolution No. 05-90, authorizing a Public Improvements Funding Agreement (Contract No. C24440) between the City of Palm Desert, the Palm Desert Redevelopment Agency, and SKB-PDM Investments, LLC (SKB), for a traffic signal at the intersection of Country Club Drive and Via Scena/Shopping Center Driveway; 2) by Minute Motion, appropriate $187,500 from Merano Assessment District Account No. 464-4350-433-4001 for costs associated with the traffic signal improvements; 3) by Minute Motion, appropriate $125,000 from Traffic Signal Account No. 234-4675-433-4001 for costs associated with the traffic signal improvements funded by SKB's contribution; 4) by Minute Motion, authorize the City Manager to execute all documents that may be necessary to facilitate the application or award; 5) waive further reading and adopt Redevelopment Agency Resolution No. 509, authorizing a Public Improvements Funding Agreement (Contract No. C24440) between the City of Palm Desert, Palm Desert Redevelopment Agency, and SKB-PDM Investments, LLC, for a traffic signal at the intersection of Country Club Drive and Via Scena/Shopping Center Driveway; 6) by Minute Motion, appropriate $62,500 from Project Area No. 2 Unobligated Funds Account No. 851-4675-433-4001 for costs associated with the traffic signal improvements; 7) 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 Kelly and carried by a vote of 5-0. B. REQUEST FOR APPROVAL OF NAMES FOR THE SINGLE-FAMILY HOME DEVELOPMENT, SENIOR VILLAS, AND STREETS FOR THE PROJECT CURRENTLY KNOWN AS THE "20-ACRE SITE." Mr. Ortega noted that before building permits could be issued for the subject project, street names had to be designated and were being recommended here. Councilman Spiegel moved to, by Minute Motion: 1) Approve Falcon Crest as the formal name for the 93 single-family home development; 2) approve La Rocca Villas as the formal name for the senior villas; 3) approve the following names for the five streets located within the 20-acre site: Verdin Lane, King Fisher Circle, Warbler Way, Golden Eagle Lane, and Mourning Dove Court. Motion was seconded by Kelly and carried by 5-0 vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 C. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE PALM DESERT HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01. Councilman Kelly moved to: 1) Waive further reading and adopt Resolution No. 05-96, which sets the boundaries of this proposed Assessment District; 2) by Minute Motion, authorize staff to advertise for public bid for this project (Contract No. C24460); 3) by Minute Motion, receive and file the project time line report and engineer's estimate. Motion was seconded by Spiegel and carried by vote of 5-0. D. CONSIDERATION OF THE RESTRICTION OF LEFT TURNS AT CIVIC CENTER DRIVEWAY ON FRED WARING DRIVE. Mr. Ortega remarked that this was a follow-up recommendation based on City Council's earlier direction. Upon inquiry about what impact this would have on the City's annual Fourth of July celebration at the Civic Center, Mr. Greenwood said the traffic pattern would have to be remapped. In further response, he said if the City tried to prohibit left turns with signage, it would be pretty ineffective. However, he answered that eastbound left turns from Fred Waring into the Civic Center would still be allowed. Councilman Kelly said he was in favor of the entire recommendation, but at the very least believed there was a definite need for a deceleration lane on westbound Fred Waring for right turns into the Civic Center. He said he always went around to the signal as a matter of safety and principle; it wasn't inconvenient. Additionally, he favored the idea of fixing the right turn lane on northbound San Pablo. Mayor Crites asked what the disadvantage would be in trying to prohibit the left tums onto eastbound Fred Waring from the Civic Center with signage and seeing if the City could somehow help the Police Department with enforcement. He felt that would help by having that access open during special events, using a police officer for traffic control at those times. Mr. Greenwood agreed that controlling the left turns with signage could be attempted first. Mayor Pro Tem Ferguson observed that the number of cars parked in the Parkview Office Complex parking lot was substantial, and they would now all have to utilize the internal. Civic Center drive to San Pablo. He would like a test period to see what impact that will have on the traffic flow. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 Councilman Kelly moved to, by Minute Motion: 1) Direct staff to proceed with: a) Installation of signage indicating the prohibition of left turns from the Civic Center egress onto eastbound Fred Waring Drive, with future evaluation of its effectiveness; b) design of westbound right -turn pocket on Fred Waring Drive at Civic Center; c) design of right -turn improvements from northbound San Pablo Avenue to eastbound Fred Waring Drive; d) resurfacing of eastbound lanes on Fred Waring Drive from San Pablo Avenue to Portola Avenue; 2) appropriate $100,000 from Unobligated Fund 213 for design of the aforementioned improvements. Motion was seconded by Spiegel and carried by a 5-0 vote. NOTE: THE FOLLOWING ITEMS E, F, AND G WERE LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. E. CONSIDERATION OF A PROPOSAL BY THE COUNTY OF RIVERSIDE FOR CITY CONTROL OF PLANNING WITHIN THE SPHERE OF INFLUENCE. Associate Planner Francisco Urbina stated that he and Mr. Drell had been communicating with County Planning Department staff, who were currently in the preliminary stages of trying to achieve some consistent zoning specifically related to Section 36, which is Cahuilla Hills and adjacent to Palm Desert's City Limits. He said as more information is obtained, it would be conveyed to both the City Manager and the City Council. Mayor Crites commented that the item was placed on the agenda because Supervisor Wilson had asked him to get the City Council's point of view about pursuing a program of applying the higher and better of applicable standards (City v. County) for building permits, etc., in areas where properties had an impact on the City but were actually in the County. He said an example of where this would be used would be for homes near the Stone Eagle Golf Course. Mr. Urbina noted that Riverside County has also developed Countywide design guidelines, although he hadn't fully reviewed them yet. He offered to get in touch with Supervisor Wilson's staff to get more information. Mayor Crites noted that this concept had been used in some projects within Rancho Mirage's sphere of influence, where things are being built under County standards but ultimately will be part of the City of Rancho Mirage. He said that way they would initially be consistent with Rancho Mirage's building standards. He explained that Supervisor Wilson indicated that before he went any further with that issue, he wanted to be sure Palm Desert felt it would be a worthwhile pursuit. He asked if his colleagues would support his communicating to Supervisor Wilson that this was an item of interest. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 With City Council concurrence, agreed that the City of Palm Desert is interested in working with the County in applying the higher of the two applicable standards whenever a development project is located within the City's sphere of influence, that the Mayor should so convey this message to Supervisor Wilson's office, and directed City staff to continue to work with County Planning staff to this end. F. CONSIDERATION OF THE CITY OF RANCHO MIRAGE'S ZONING OF PROPERTY LOCATED AT THE INTERSECTION OF MONTEREY AVENUE AND FRANK SINATRA DRIVE TO GENERAL COMMERCIAL. Mr. Ortega stated that he'd forwarded a report by Mr. Urbina to the City Council for the subject property, which seems as if it's in Palm Desert because it's on the east side of Monterey Avenue; however, it's actually in the City of Rancho Mirage. He said there is a proposed zone change for the property in Rancho Mirage's General Plan Amendment process, but there was still opportunity for Palm Desert to provide input. Mr. Urbina commented that tonight at 7:00 p.m., Rancho Mirage's Planning Commission would be considering this proposal. He noted that the staff report for that meeting was actually addressed to both their Planning Commission and City Council, and he thought it might be a joint meeting. However, he pointed out that potentially offensive land uses on this site would require a conditional use permit in either the existing mixed -use zone or the proposed general commercial zone. Therefore, Palm Desert would have an opportunity to comment at a later date on any specific development project for this parcel adjacent to Shadow Ridge. He said there was no specific development project identified at this time. He went on to say that he understood the City Council may want to go on record to oppose bars, nightclubs, and similar uses on this location. Responding to question, he felt it would be expedient for staff to draft a letter for the Mayor's signature to the City of Rancho Mirage, advising that the City of Palm Desert would find certain potential land uses offensive. He said if the City Council felt any other types of land uses would be inappropriate, they could be included in the letter as well. In further response, he said the notion of bars and nightclubs had been put forth after a brief conversation with Councilman Kelly. Mayor Pro Tem Ferguson remarked that he felt very few people in Palm Desert even realized that small triangular -shaped property wasn't in the City. Further, he believed Rancho Mirage would not have any real interest in sensitive land use planning on a parcel that looks like it's in Palm Desert, and it would be driven more by sales tax dollars and revenue to Rancho Mirage than it would be by aesthetics and compatibility with the City of Palm Desert. Therefore, when he saw the change of zone to general commercial from mixed use, which would allow a variety of housing stocks, business and office professional, restaurants, agreeing that nightclubs and 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 bars should be excluded, but felt Palm Desert should go on record as being strictly opposed to general commercial. Councilman Kelly observed that the adjacent Shadow Ridge Timeshares, which were essentially residential properties next door, would look right down on this location; any commercial use would not be compatible. He offered that there was also residential use right across the street on Monterey Avenue too. Mayor Crites said no matter how the property ended up being zoned, the key would be development standards that would be compatible with adjacent properties in both Rancho Mirage and Palm Desert. Mr. Urbina added that the general commercial zone could allow some potentially offensive land uses that are not allowed at all under the current mixed use zoning. He said this point would be included in the letter, and he agreed to provide a copy of the draft to all of the City Council for review before obtaining the Mayor's signature. Responding to question, he also agreed to attend tonight's meeting in Rancho Mirage and provide this statement for the record. With City Council concurrence: 1) Agreed that the City of Palm Desert is opposed to Rancho Mirage's proposal to re -zone the subject intersection from Mixed Use to General Commercial, with staff directed to prepare such a letter for the Mayor's signature; 2) authorized staffs attendance at tonight's meeting in Rancho Mirage to so state this position for the public record. G. CONSIDERATION OF FUTURE PALM DESERT ENERGY ACTION PLAN, INCLUDING THE CITY'S PRESENTATION TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION. Mr. Ortega reviewed the report he submitted, which included a flow chart showing the program the City intended to present before the California Public Utilities Commission (CPUC) at the Aspen Accord Meeting in San Francisco. He would be making the presentation accompanied by Mayor Crites and Mayor Pro Tem Ferguson. He noted that the report included two proposed budgets representing the cost of implementing an Office of Energy Management; one budget represented a full year, the other is anticipated based on initiating the program in March 2006. However, he pointed out that if the project is not funded, the City would not have that expenditure; otherwise, the overhead for creating the Office of Energy Management would be partially funded with any funds the City secured and not borne fully by the City. He went on to say that the proposal includes the City's overall management of the program, with the utilities providing certain staffing that will work with City personnel. He believed it would be important that City 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 staff was making the contacts with the business community and with residents to generate a better response. Mayor Pro Tem Ferguson added that when he and Mayor Crites met with the Chairman of the Public Utilities Commission, they had just released $1.2 billion of Energy Efficiency money to be spent Statewide. A good portion of that money went to Southem California Edison, and they met with them to discuss how much it would cost to do a comprehensive Citywide Energy Efficiency Program in Palm Desert. He said the Energy Coalition estimated it would cost upwards of $50 million; Edison officials said they could do that without having to go back to the CPUC and asked Palm Desert to make a proposal. He added that when the Estonia Protocol was discussed with the CPUC, the Chairman advised not to show him what a rich city could do but what any city in California could do. Therefore, his goal was to carry out this program with as little Palm Desert money as possible, while committing a respectable enough amount to earn the CPUC's $50 million. Councilman Kelly cautioned that "free" money was often a powerful lure, but once you were at the point of no return, you discovered it wasn't free anymore. Mayor Crites acknowledged that point, adding that was one of the reasons the City Manager wanted the City to be in charge of the program and not someone else. Councilman Spiegel moved to, by Minute Motion, authorize the City Manager to present the proposed plan at the Aspen Accord Meeting in San Francisco. Motion was seconded by Ferguson and carried by 4-1 vote, with Benson voting NO. XI. CONTINUED BUSINESS A. REQUEST FOR CITY COUNCIL DIRECTION RELATIVE TO CONTINUED PARTICIPATION IN THE PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (CVA) (Continued from the meeting of October 13, 2005). Mr. Ortega stated that at the last City Council Meeting, the City Attorney was asked to provide his opinion on the City's ability to withdraw from the CVA and what was required. He said even though staff was not asked for an opinion on the impacts if the City decided to give notice, it had provided a recommendation. He elaborated that if the City has certain concerns at this time, the 13-month withdrawal period would require the City to pay for next year's dues, but during that time, staff could also look at the CVA operations, what would occur if the City decided not to continue, and what were some of the things the City could do on its own to promote its hotels and in 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 conjunction with many things it was already doing. He offered to answer anything about the report that was provided. In answer to question, Mr. Erwin said any notice given after December 1 would be less than the 13 months required; therefore, it would not be an effective withdrawal until December 31, 2007. MR. STEVE MORRIS, Interim President and CEO of the Palm Springs Desert Resorts Convention and Visitors Authority, Rancho Mirage, CA, said he'd served in the interim capacity for the last five and a half months, which would conclude tomorrow. He noted that this was his last official meeting, with his first on his very first day here being for a similar purpose with the City of Indio. He assumed that the letter he'd authored and forwarded to the City Council had been received and read, and hoped it provided some new information about what the CVA was doing for the City of Palm Desert today. (Mayor Crites acknowledged that the letter was entered into the record.) Further, he realized that this was a longstanding conversation with the City of Palm Desert, as it was with other cities who were also members of the CVA's Joint Powers Authority, which at moments was a fragile coalition. He said part of the reason that the withdrawal penalties are designed to be as tough as they are was to make it difficult to come and go capriciously. He agreed that without the parameters of the lengthy notice and reentry requirements, the agency probably would have never worked in the first place. Additionally, he said in his experience, there is no similar organization to this one anywhere —no convention and visitors bureau/authority anywhere in the world that has nine governments, especially nine that are in such close proximity to one another —it is a unique entity and a unique place. He submitted that while it's been extremely difficult and challenging for this organization in recent months —the most challenging of his professional career, likening it to bringing a sinking ship back to safe harbor during countless meetings and hours of energy invested —the organization was in better shape today than it had ever been in its entire history. Regardless of the specific formal action to be taken by the City Council, he hoped thoughtful consideration would be given to what happens to the CVA in the coming year. He believed some good things would occur, but if they didn't, it would be another matter. He offered that there were some terrific staff members at the CVA who work very hard, are very dedicated and very capable, and with the leadership from the CVA Executive Committee and Hospitality Industry Business Council (HIBC), there were many people who cared and invested a lot of time and energy for its success. He said if the City chose to give notice, he asked for thoughtful reflection during the next 14 months before anything became a fait acommpli. He offered to answer questions. Councilmember Benson stated she felt it was ironic after 15 years that no one had come to her personally to ask what she thought about withdrawing. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 She had asked the City Council for direction on three issues that she could take to her colleagues on the CVA, which she did. She thought the remaining issues would be reviewed over the next year to see if it was necessary to withdraw. She offered that many changes had been made, many good things had happened, and she knew there was support for some of the things that Palm Desert took to the CVA. She felt it was premature and not Palm Desert's way to withdraw from something and then find out why without a good case for withdrawing to begin with —it should wait to conduct the study with the community (i.e., restaurants, hotels) to find out what it wanted to do. She said the contemplated action would make Palm Desert a quitter and not a leader, which isn't the reputation that built the City. After the last 15 years, $15 million, and reaping the benefits of the CVA's efforts for the Valley, she didn't think it was all bad, with future benefits yet to come. She agreed with the Mayor's memo and that the City should look at certain things, but they shouldn't be looked at after the fact. She said rushing to this action would put a blight on the City of Palm Desert by tearing down an organization that's worked hard the past 15 years. She felt her fellow Councilmembers probably didn't care what she thought, and knew they would vote the way they wanted to, but she wanted to let them know that she no longer cared to represent the City on the CVA nor on the City's Marketing Committee, and she asked that both positions be reassigned. Councilman Kelly said he had a problem with Councilmember Benson's position, as she was at the last City Council Meeting where the issue was openly discussed. Councilmember Benson countered that there was an open discussion about things, but it was the Mayor Pro Tem who was insistent that the procedure to withdraw be brought back. She said she wasn't in favor of withdrawing now, but he wanted the information anyway. Relative to the Mayor's memo, Councilman Kelly went on to comment that he also felt very strongly about the same three items. He didn't have a problem in working with the CVA and trying to make it better, emphasizing that he felt it needed a name change and that the people who direct it should be elected officials. He wasn't opposed to the City's looking at it another year; the City could afford to do so, and if things didn't go well, the notice could be given next year. Councilmember Benson cautioned that by putting in the notice to withdraw now, Palm Desert's elected officials will have no say in any future changes on the CVA; none of Palm Desert's members of the HIBC can vote, nor can any of its restaurants or hotels that serve any of the committees there —Palm Desert will be rendered ineffective. However, she felt that if the City waited and it kept its seat, not giving notice, there was a good chance that it could effect some change. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 Councilman Kelly believed no one had made up their mind yet, and this was the time to fully discuss the issue. Mayor Crites explained that the memo he sent on October 10 had three specific issues. On a more general note, the memo then said that he was interested in a recommendation to the City Council that would be in time for it to make a decision on continued membership for the CVA's next fiscal year. Councilmember Benson disagreed. Mayor Crites went on to say that he agreed with what was presented today by the CVA's Interim CEO, in that the City of Palm Desert needed to think very carefully about ultimately not being a part of the CVA. Beyond those three issues, his longtime perception was that the benefits of the CVA fell disproportionately to some members and not to the other cities. He agreed that the City needed to work very closely with the CVA over the next several months, and he didn't think it necessarily meant sitting on the elected board to do that —if the CVA was interested in Palm Desert's point of view, fine, and if not, fine too. He believed the matter of a more equitable look at how those funds are allocated and the results for Palm Desert's businesses were topics of discussion that needed to take place. He didn't feel setting in motion a year of review, which gives notice, was not indicative of Palm Desert having to withdraw. In fact, he hoped it wouldn't come to that, but the option would be available; it wouldn't be at the end of the next year without doing something now. He felt that waiting two years would not be a judicious decision. Mayor Pro Tem Ferguson said he was somewhat taken aback that the issue of withdrawing wasn't raised in the Mayor's memo. He said since the Mayor was in New Zealand, he carried the news of that memo and has now been called a "ringleader for a renegade charge out of the CVA," has been told he doesn't know what he's doing and that he didn't have all his facts straight. After working as hard as he could to poke holes in the Mayor's logic, which is that if the JPA Bylaws require filing notice by November 30 to preserve an automatic defacto commitment of another million dollars on top of the million the City will fund it next year versus filing the notice and using the 13 months for due diligence and investigation, he felt at the end of the period the City may very well decide to stay a member of the CVA with no net loss to either entity. Conversely, he said the City may come up with answers to the Mayor's questions that say otherwise; if the City went that way, it would save a million dollars. Being asked to pledge a million dollars on the faith and hope of a guy who hasn't even gotten to work yet will meet Palm Desert's needs versus simply complying with a technical requirement of the bylaws to preserve its options during that one-year period, he didn't feel caused any harm; and the people he's spoken to just assume that the City is getting out of the CVA, which he also thought was ridiculous, because Palm Desert has always supported Valley -wide organizations. He said he probably differed 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 with his colleagues regarding use of the Palm Springs name, but maybe distinctions could be drawn between names of organizations and with advertising. He felt dedicating a full-time person to the CVA for just conventions in Palm Springs would add to the disproportionality that he's already concerned about. He thanked Mr. Morris for the numbers, recalling the last four years of working with Mike Fife, the CVA, and trying to get this information —only Valley -wide statistics were ever given. He said three years ago the City stepped it up and insisted on more information, receiving the Marshall Murdaugh audit, which said the CVA was squeaky clean but not why or how; the desire for that information predated everything that the CVA has been through, acknowledging Councilmember Benson's years of diligent service. He said it was not a vote of no confidence in the CVA, but the current numbers, showing 29,000 room nights booked in Palm Desert and nearly 58,000 in Palm Springs, reflected a 2:1 disparity, which was pretty disproportionate. He further appreciated Mr. Morris' letter that explained why those numbers weren't as warped as they may seem —all things that the City should look at during the coming year. He'd met with members of Palm Desert's business community about what their perceived loss would be if the City simply filed notice, and today also talked with hoteliers that he hadn't talked to in years; he'd had an endless stream of phone calls. At the end of the day, he didn't know why the City couldn't do what Councilmember Benson wanted, to work as hard as it can to make the CVA successful and hope that it does, and at the same time preserve its options on future years' funding until there was better information in hand. He pointed out that nothing would preclude the City from reaffirming the CVA a year from now, not getting out, and there would be no interruption in funding, although there may be some uncertainty during that period. Historically during his tenure, he said the only time the CVA is heard from is when the City is unhappy. With its nine governments, all the associated politics that go along with that, and Palm Desert's $2 million worth of funding as a member, he suspected the CVA would probably work faster to address Palm Desert's proportionality concern if it knew it only had $1 million for now and the other $1 million was contingent upon doing so. He felt reality dictates that politics would be a little bit more compressed and focused on the proportionality concerns, perhaps the name concerns, and Palm Desert would have the opportunity to prudently decide at a future date whether or not it wanted to commit for another million dollars. It was a business decision, not personal or political, and not a swipe at Palm Springs; it was a decision based on data showing disproportionality, which he believed was worth looking at. Councilmember Benson added that the hotel report did not show other small hotels or the money coming from people staying, shopping, buying homes in Palm Desert, or any of the other residual benefits the City enjoys even with only 29,000 rooms. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 Councilman Spiegel said he hoped the same thing would happen with the CVA that happened with the Palm Springs Film Festival. Last year they came to the City for financial support and received $50,000 on the promise that they would do a lot of work to promote Palm Desert; in retrospect, almost none of that was done. He went on to say they came back to the City's Marketing Committee again this year for another $50,000, and the Committee said that didn't make any sense given last year's performance. The Film Festival folks then came back with a program where this year they'll be working with UCR (University of California, Riverside) with directors and writers, etc.; they'll be showing films for residents at Cinemas Palme d'Or, as well as many other benefits. He said that made this year's $50,000 request more attractive and resulted in its ultimate approval by the City Council, acknowledging it was no comparison to the million dollars being discussed here. So it was his position that if things are going in the right direction for the City of Palm Desert, and he finds that out in three months, the City's back in without losing anything. But he said this was notice that Palm Desert was currently unhappy. Mayor Pro Tem Ferguson noted that he and Councilman Kelly had been through something like this in the past couple of years with the City of Indian Wells when it filed notice of intent to withdraw from a similar Joint Powers Authority, the Cove Communities Services Commission that provided police, fire and paramedic services to three cities. He said Indian Wells had projected it would be paying a disproportionate amount for services that would basically be driven by growth in the Cities of Rancho Mirage and Palm Desert. The exercise resulted in a thorough review and renegotiation of the formula that now serves all three cities far better, and the organization is now better off for it. He wasn't seeing the downside that others were in the subject instance, other than distinguishing between a notice of intent to consider withdrawing versus actually getting out. He said people automatically assumed it was a no confidence vote, it wasn't for him. He saw a huge upside to going through the process, agreeing with Councilman Spiegel's analogy with the Film Festival. Councilman Kelly agreed. Councilman Spiegel moved to, by Minute Motion, authorize the notification for withdrawal from the Palm Springs Desert Resorts Convention and Visitors Authority. Motion was seconded by Ferguson and carried on a vote of 4-1, with Benson voting NO. Councilmember Benson reiterated the request that her current representation of the City Council on both the CVA and the City's Marketing Committee be reassigned. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 XII. OLD BUSINESS A. CONSIDERATION OF CONCEPTUAL DESIGNS FOR AN AQUATIC FACILITY. Mr. Ortega explained that City staff went to both College of the Desert and California State University about forming partnerships for an aquatic center. He said the Parks & Recreation Commission then considered all the information and has recommended a preferred altemative and a site. Additionally, he said that an offer of a one-year lease has been received from College of the Desert along with some funding, and the City also had some money to be able to fund that alternative. Parks and Recreation Services Manager Janis Steele offered to answer questions and also introduced the consultant from Aquatic Design Group, Carlsbad, Califomia. Mayor Crites noted that on average, an aquatic complex gets a return of about 40%. He asked for assurance that the City wouldn't be building a facility to meet users' desires at the very peak of the season and then be underutilized a significant amount of the time, which would result in it costing ratepayers significantly more than it should. MR. DENNIS BERKSHIRE of Aquatic Design Group said that very question was taken into account as part of the study regarding operation cost of the various schemes considered. The very fact that the recommendation from staff was to come in with two swimming pools was partly because it wanted to be able to shut one down to minimize cost when the peak need had passed. He said when the need demanded operating only one pool, it would save on electricity, gas for heat, and chemical usage. With regard to Mayor Crites' point about 40%, he said 40%-50% is the Califomia standard for the average operating cost recovery of a rectilineal -type aquatic center. Therefore, he explained that staff was proposing an aquatic center that will allow recreational and other amenities brought in to for other forms of revenue potential, making a higher operating cost recovery at the new standard —around 70%-80% annually. In further response, he said Palm Desert's feasibility study was based on a national study done with aquatic centers, which were broken down into six categories: indoor, outdoor, competition -only, recreation -only, or a combination thereof. It was discovered that the tradition in California has gone from a neighborhood aquatic center to regional aquatic centers where a lot more dollars are poured into their capitalization; however, they now had much greater draw and much greater level of services to provide the community, which generates revenue to offset the operation. He said part of the study included taking staff to various aquatic centers, one of which was the Vista Wave in 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 the City of Vista, San Diego County, where they were actually showing an operating cost recovery in the black. He went on to say what they're able to do is offer programs like birthday party rentals —the City of Roseville's pool has between 300-400 birthday party rentals per summer for their seasonal, outdoor recreational pool. The City of Vista rents out the aquatic center for private use after hours and charges $1,000/hour for that facility. He said those types of privatized programs are used to generate market value dollars, which provide an offset to programs that need to be subsidized —basic services of learning to swim, lifesaving, etc., that are normally associated with an aquatic center. Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Approve conceptual design Scheme No. 2 for an aquatic facility; 2) authorize proceeding with the College of the Desert's site for said aquatic facility; 3) authorize proceeding with a request for proposal (RFP) for preliminary design of an aquatic facility based on conceptual design Scheme No. 2 (Contract No. C24470), and he thanked the Parks & Recreation Commission, Councilman Spiegel, Ms. Steele, and all who've worked on the project. Councilman Spiegel commented that they were not yet done with the project, hoping to get some assistance from the neighboring cities much like it's done with the Joslyn Cove Senior Center. Motion was seconded by Kelly and carried by 4-0 vote, with Benson ABSENT. XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE ADVANCE OF MONIES TO THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, FOR COST OF CERTAIN PUBLIC IMPROVEMENTS TO BE CONSTRUCTED IN PROJECT AREA NO. 2 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega commented that this matter represented formal approval of the funding request granted by the Agency Board/City Council back in July. Mr. Yrigoyen stated that the subject matter was a public hearing pursuant to Section 33445 of the Health and Safety Code for purposes of conveying the $4.5 million to California State University (CSU). He said the CSU Board will have to hold a similar public hearing pursuant to the same section of the Health and Safety Code in order to complete the process. He went on to say the agreement dealt with the conveyance and with the naming rights that the Agency Board/City Council had asked for. He offered that although it is not being considered with this request, but will be at a later time, staff will be working closely with CSU officials on the matter of full-time equivalent student numbers that will ultimately establish this campus as California State University, Palm Desert, along with the resulting time lines for construction. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 Chairman/Mayor Crites declared the public hearing open and invited public testimony for this matter. With no public testimony offered, he declared the public hearing closed. Member/Councilman Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 05-91, approving the advance of monies to the Foundation for California State University, San Bernardino, for cost of certain public improvements to be constructed in Project Area No. 2; 2) Redevelopment Agency Resolution No. 510, approving the advance of monies to the Foundation for California State University, San Bernardino, for cost of certain public improvements to be constructed in Project Area No. 2. Motion was seconded by Ferguson and carried by a 5-0 vote. Chairman/Mayor Crites recognized both President Karnig and Vice President DeMauro of California State University, San Bernardino, who were in attendance this afternoon, and he thanked the California State University System for being a part of education in the Coachella Valley. DR. ALBERT KARNIG, President of California State University, San Bernardino, conveyed thanks on behalf of both the University and the community. With regard to the Palm Desert Campus, he remarked that the City of Palm Desert has been both the alpha and the omega from the very beginning —with the land, the improvements, now with the third building, which will be essential to health care and nursing for the area, and completing the initial campus. B. REQUEST FOR APPROVAL OF THE CONVEYANCE OF A SINGLE- FAMILY HOME TO RANCHO HOUSING ALLIANCE AND FOR A DISPOSITION AND DEVELOPMENT AGREEMENT RELATING THERETO (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Ms. Aylaian stated that the subject public hearing was being held because the Redevelopment Agency owns a blighted, deteriorating, single-family home on San Marino Circle that it would like to sell to Rancho Housing Alliance, a non-profit agency in the Coachella Valley. In turn, she said Rancho Housing Alliance will renovate and upgrade the facility and will qualify and put a family of low or moderate income into it. She said Rancho Housing will also attach restrictions to the deed so that it will remain an affordable home in the community for 45 years. Chairman/Mayor Crites declared the public hearing open and invited public testimony for the matter. With no public testimony offered, he declared the public hearing closed. Member/Councilman Spiegel moved to:1) Waive further reading and adopt City Council Resolution No. 05-92, approving a Disposition and Development Agreement 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 between the Palm Desert Redevelopment Agency and the Rancho Housing Alliance, Coachella, California, concerning property owned by the Agency in the City of Palm Desert located at 74-047 San Marino Circle; 2) waive further reading and adopt Redevelopment Agency Resolution No. 511, approving the conveyance of certain real property located at 74-047 San Marino Circle to Rancho Housing Alliance, Coachella, California, for the purpose of rehabilitating the deteriorated single-family dwelling to be made available to a family of lower income; 3) by Minute Motion, approve a Disposition and Development Agreement and Declaration of Conditions, Covenants and Restrictions; 4) by Minute Motion, authorize the Executive Director or his designee to execute all necessary documents. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Ferguson ABSTAINING. XIV. REPORTS AND REMARKS A. CITY MANAGER None • B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Solid Waste Collection — Councilman Kelly said in light of recent letters received at City Hall, he'd like staff to make a concerted effort to let residents know that there were smaller, 32-gallon, roll -off bins available for their use. He, too, preferred the smaller bins as opposed to the standard 64- 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 gallon size. He acknowledged that Waste Management, however, wasn't enthusiastic about the smaller bins. Mayor Crites commented that he'd responded to those letters in a general sense. He then visited with Mrs. Gilligan, who also advised him about the flexibility of the program and letting residents know that there were different bin sizes available for their use while still retaining the City's commitment. Mrs. Gilligan added that staff had also scheduled a meeting next week with Waste Management District Manager Frank Orlett to discuss the matter and better notification of this option. 2. Pedestrian Countdown Signals — Councilman Spiegel commented that when he was recently in San Francisco for the League Annual Conference, he noticed that the pedestrian countdown signals were on all the downtown crossings. He wanted staff to look at all of Palm Desert's traffic signals, see where there was significant pedestrian traffic, and initiate a program to install the countdown mechanisms on them. 3. Disaster Curfew Ordinance — Councilman Spiegel offered that in speaking with the Chief of Police and in light of recent events, it would be prudent to have a draft curfew ordinance in place that could be instituted in case of a major disaster in the City. He suggested that it be a dusk to dawn curfew, instead of a stated time, to account for the time of year and amount of available daylight. City Councilmembers concurred. o City Council Committee Reports: 1. Sister City Trip to Gisbome, New .Zealand — Mayor Crites thanked his colleagues for the opportunity to travel to and represent Palm Desert in Gisborne earlier this month, spending nine very busy days there sheeting with their Sister City Committee, Port Authority, and Council. He conveyed special thanks to City staff for all its efforts in getting him prepared with various pieces of promotional items and City/Redevelopment Agency materials that he was able to share with the City's friends in Gisborne (i.e., Vacation Guides, Redevelopment/Economic Development Guides, Special Edition Bright Side Earthquake Preparedness newsletters, and the special postcards of the "Mother and 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 Child" essay and sculpture that were distributed during his address to Gisborne's Youth Art Awards Program). Further, he noted that there would probably be a significant Gisborne delegation visiting Palm Desert in April for the Sister Cities Golf Tournament and to work on some economic development with Palm Desert, trade partnerships, and on a public art piece for the City from Gisborne. He believed it was both time and money well spent. o City Council Comments: 1. Second Annual Jacqueline Cochran Air Show — Councilman Kelly invited everyone to the Air Show on Saturday, November 5, 9:00 a.m. to 3:00 p.m. at the Jacqueline Cochran Regional Airport in Thermal. He said last year's overwhelming success prompted them to triple the amount of parking for this year's event. XV. ORAL COMMUNICATIONS - C None XVI. ADJOURNMENT With City Council concurrence, Mayor Crites adjourned the meeting at 7:00 p.m. ATTEST: BUFORD ARIT S, MAYOR RA HELLE D. KLASScN, iTY CLERK CITY OF PALM DESERT, CALIFORNIA 28