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HomeMy WebLinkAbout2005-09-22I I MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 22, 2005 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Crites convened the meeting at 3:04 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 Amir Hamidzadeh, Director of Building & Safety Philip Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Michael J. Errante, Director of Public Works Walt Holloway, Battalion Chief, Palm Desert/Riverside County Fire Dept./CDF Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. III. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 1) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 102, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: County of Riverside - Fire Marshal Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 106, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Coachella Valley Economic Partnership Under Negotiation: x Price x Terms of Payment 3) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 114, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Palm Desert Chamber of Commerce Under Negotiation: x Price x Terms of Payment 4) Property: APNs 653-280-035/036 Negotiating Parties: Agency: Carlos L. Ortega/Mark D. Greenwood/City of Palm Desert Property Owners: Matthew Johnson/Michael Marix Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Party: Carlos L. Ortega/City of Palm Desert With City Council concurrence, Mayor Crites adjourned the meeting to Closed Session at 3:05 p.m. He reconvened the meeting at 4:00 p.m. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 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 September 8, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 54, 55, 56, 59, 60, 64, 67, and 68. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meeting of July 25, 2005. 2. Parks & Recreation Commission Meeting of June 1, 2005. 3. Youth Committee Meeting of July 9, 2005. Rec: Receive and file. D. LETTER OF RESIGNATION from Charles Helsper — Housing Commission. Rec: Receive with very sincere regret. E. LETTER OF RESIGNATION from Dan Seymour — Parks & Recreation Commission. This item removed for separate consideration. Please see Item VII - Consent Items Held Over for discussion and action. F. NOTICE OF RESIGNATION from Rhonda Rockwell — Historic Preservation Committee. Rec: Receive with very sincere regret. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 G. REQUEST FOR AUTHORIZATION to Provide Funding for Lifeguard Training Program in Palm Desert's Sister City, Ixtapa-Zihuatanejo, Mexico. Rec: By Minute Motion, authorize the subject expenditure of funds in the amount of $2,000 from the Sister Cities Budget for Humanitarian Outreach — funds are available in Account No. 110-4416-414-3126, and no additional appropriation is required. H. REQUEST FOR ADOPTION of Resolutions, Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged for the Months of April and May 2005. Rec: Waive further reading and adopt: 1) Resolution No. 05-75 for records from the month of April 2005; 2) Resolution No. 05-76 for records from the month of May 2005. I. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) for Participation in an After School Program at Palm Desert Middle School (Contract No. C24190A). Rec: By Minute Motion, authorize the Mayor to execute the subject MOU between the Desert Sands Unified School District, Coachella Valley Recreation & Park District, and the City for participation in the subject After School Program in the amount of $30,439. J. REQUEST FOR APPROVAL of the Possession and Consumption of Alcohol in Connection with the Visitor Information Center Grand Opening on September 23, 2005. Rec: By Minute Motion, permit the possession and consumption of alcoholic beverages on City -owned property in connection with the VIP Grand Opening of the Visitor Information Center to be held Friday, September 23, 2005. K. INFORMATIONAL ITEMS: 1. Report Concerning Union Pacific Railroad / Interstate 10 Noise for Adjacent Properties at Regency Palms This item removed for separate consideration. Please see Item VIi - Consent Items Held Over for discussion and action. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 Mayor Pro Tem Ferguson removed Item K, and Councilman Spiegel removed Item E for separate discussion. Upon a motion by Spiegel, second by Kelly, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER E. LETTER OF RESIGNATION from Dan Seymour — Parks & Recreation Commission. Councilman Spiegel commented that Mr. Seymour had been a real asset to the Commission, but since he was a stock broker, the 8:30 a.m. meeting time was too difficult for his schedule. He wished to amend the recommendation of receiving the resignation by adding appointment of Connor Limont, currently serving as an Altemate Commissioner on the Parks & Recreation Commission, to fill the vacancy. Councilman Spiegel moved to, by Minute Motion: 1) Receive the resignation, with very sincere regret; 2) appoint Altemate Commissioner M. Connor Limont to regular appointment status to fill the vacancy created by this resignation (term 12/31/08). Motion was seconded by Kelly and carried by a 5-0 vote. K. INFORMATIONAL ITEMS: 1. Report Concerning Union Pacific Railroad / Interstate 10 Noise for Adjacent Properties at Regency Palms Mayor Pro Tem Ferguson noted that the City received a letter dated September 6 from the South Coast Air Quality Management District (SCAQMD), giving three legal opinions as to why local government has control over the railroads. He realized that SCAQMD's issues were related to PM10 and pollution from the trains. However, he felt the City has always approached the subject issue with the railroad as if its hands were tied, and he wanted staff and the City Attorney to look at the legal opinions to see if they would apply in this case as well. Mayor Pro Tem Ferguson moved to, by Minute Motion, receive and file the report and direct staff to follow up on recent legal opinions regarding local control over railroads. Motion was seconded by Spiegel and carried by 5-0 vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 VIII. RESOLUTIONS A. RESOLUTION NO. 05-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING AND PROVIDING FOR THE DISPOSITION OF SURPLUS IN THE IMPROVEMENT FUND IN CONNECTION WITH THE SILVER SPUR RANCH UTILITY UNDERGROUNDING DISTRICT NO. 01-01. Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-77. Motion was seconded by Kelly and carried on a vote of 5-0. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO 1099 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONCERNING THE PROCESSING OF CLAIMS. Mayor Pro Tem Ferguson moved to waive further reading and adopt Ordinance No. 1099. Motion was seconded by Benson and carried by 5-0 vote. B. ORDINANCE NO. 1100 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.21 OF THE PALM DESERT MUNICIPAL CODE RELATING TO REQUIREMENTS FOR SECOND UNIT HOUSING Case No. ZOA 05-02 (City of Palm Desert, Applicant). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1100. Motion was seconded by Ferguson and carried by 5-0 vote. X. NEW BUSINESS A. REQUEST FOR APPROVAL OF EMPLOYMENT AGREEMENT WITH CITY MANAGER CARLOS L. ORTEGA (CONTRACT NO. C20161). Mr. Erwin asked the City Council to consider continuing this matter to its next regular meeting. Councilman Spiegel moved to continue this item to the meeting of October 13, 2005. Motion was seconded by Kelly and carried by 5-0 vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 B. REQUEST FOR APPROVAL OF THE PURCHASE OF REPLACEMENT HOLIDAY DECORATIONS. Mayor Pro Tem Ferguson noted that Harrington Decorating Company (HDC) had copyright on the decorations it designs and manufactures. He asked if a waiver had been obtained from HDC that would allow the City to take pictures of the decorations that may be used in the City calendar or newsletter. Senior Management Analyst Martin Alvarez said he didn't believe so, but offered that it could certainly be requested. Councilman Spiegel remarked that he agreed with staffs suggestion that the holiday decoration plan be reevaluated for the future, as he felt it was time to do some updating. Councilmember Benson moved to, by Minute Motion: 1) Authorize the City Manager to purchase holiday decorations from Harrington Decorating Company, Inc., Huntington Beach, California, in the amount of $51,864.20; 2) declare that Harrington Decorating Company, Inc., should be classified as a sole source bid due to copyright of their design and manufacturing process, and direct staff to obtain a copyright waiver for use of any photographs of the decorations that are taken by the City for its exclusive use. Motion was seconded by Ferguson and carried by 5-0 vote. C. REQUEST FOR AWARD OF CONTRACT FOR THE PRESIDENT'S PLAZA III PARKING LOT SLURRY SEAL AND REPAIR (CONTRACT NO. C24120). Mayor Pro Tem Ferguson noted for the record that he would be abstaining on this item, as the subject parking lot was located right outside his office. Councilman Kelly said he noticed there were some dead trees in that parking lot. He wondered how and when staff intended to replace them. Mr. Alvarez responded that the subject request did not include any landscaping, but staff would look into making the necessary replantings. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Pacific Asphalt Services, Ontario, California, in the amount of $51,500 and authorize a 10% contingency for same; 2) appropriate $29,567 from the President's Plaza III Parking Lot Reserve Fund; 3) authorize the Mayor to execute said contract. Motion was seconded by Kelly and carried by 4-0-1 vote, with Ferguson ABSTAINING. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 D. REQUEST FOR AWARD OF CONTRACT FOR ENGINEERING SERVICES FOR NORTH SPHERE DRAINAGE STUDY (CONTRACT NO. C24330, PROJECT NO. 517-05). Councilmember Benson moved to, by Minute Motion, award the subject contract to Van Dell and Associates, Inc., Corona, California, in the amount of $319,371, authorize a 10% contingency, and authorize the Mayor to execute same — funds are available in Account No. 232-4370-433-3010. Motion was seconded by Ferguson and carried by 5-0 vote. E. REQUEST FOR AWARD OF CONTRACT FOR GIS CONSULTING SERVICES (CONTRACT NO. C24340). Mayor Pro Tem Ferguson asked exactly what the consultant would be doing for the City. Mr. Greenwood answered that the City had compiled a great deal of GIS information over the last 10 years, and there was a great deal more that can be implemented. That information needs to be sorted and arranged in a manner that would make it usable for the City's benefit. He said RBF Consulting had a great deal of experience with municipal operations and GIS, and they would be developing a plan of how the data would be implemented and what applications needed to be developed for its most efficient use. Councilman Spiegel asked what would happen if this contract wasn't approved. Mr. Greenwood said that staff would continue to try to do it in- house at staff level, which would result in less progress over a greater amount of time. In further response, Mr. Greenwood said the vastness of the collected data is immense. Therefore, staff needed a plan of how to access and use it. He noted that many cities are also struggling with how to manage all their GIS information and have had to call in experts to help provide focus. He expected that the end result would allow staff to work more efficiently and better serve residents —what currently took hours or days in order to provide paper files would be reduced to minutes or seconds. With regard to how this firm came to be recommended for approval, Mr. Greenwood said proposals were requested through advertisement in the newspaper, on the bulletin board, and through contact with specific vendors known to be in this business. Thereafter, a panel of staff reviewed all the proposals received, short-listed three companies, then evaluated the amount of time to be spent and selected a firm based on their experience, amount of time, and staffs judgment of how well they would perform. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 Councilman Spiegel moved to, by Minute Motion, award the subject contract to RBF Consulting, Inc., Palm Desert, California, in the amount of $69,484, set aside a 10% contingency for the services, and authorize the Mayor to execute same — funds are available in Account No. 110-4300-413-3010. Motion was seconded by Benson and carried by 5-0 vote. F. REQUEST FOR APPROVAL OF DEVELOPMENT FEES AND REIMBURSEMENTS FOR PARCEL MAP NO. 30502 (WAL-MART) (Bill Carver/Carver Companies, Applicant). Responding to question, Mr. Greenwood said that if the request was not approved, the traffic signal would not be built. In further response, he said that Mr. Noble's Parcel Map No. 24255, which included the WalMart project, had a development agreement that dated back to 1987. He said that agreement specifically stated if the developer requested installation of the signal, he would have to pay for it; if the City requested the signal, the City would have to pay for it. He went on to say that in the scope of the WalMart and whole Desert Gateway project, it was clear that a signal needed to be installed here as soon as the connection of Avenue 35 and Monterey is made. Therefore, staff requested installation of that signal, and per the development agreement, the developer was not required to pay for it. He pointed out that rather than having the City build the signal, it was probably going to cost a little less by having the developer do so. In answer to question of whether or not the subject project was part of a revised development agreement where the City could have negotiated elimination of the specific earlier requirement, Mr. Greenwood agreed and affirmed it was not part of the negotiation at that time. He further confirmed that the item was now coming back to the City at a higher price than was anticipated. Mr. Greenwood went on to respond that the signal at the main entrance to Home Depot would remain, and it will also serve as the main signal into the WalMart project. He said the subject request was for an additional signal at Avenue 35, which is halfway between Dinah Shore and Gerald Ford. With development of the Gateway Project, Gateway Drive and Avenue 35 are being built and will serve as the perimeter of the WalMart 30-acre parcel; if a connection is built from Avenue 35 to Monterey, it has to be signal - controlled. He said that is where staff requested the signal be installed, and he confirmed that it would be done in conjunction with the widening of Monterey Avenue. Councilman Spiegel moved to, by Minute Motion, approve a credit in the amount of $350,868 to Parcel Map No. 30502 against that project's development fees of $600,000 as contribution to the Monterey Interchange Loop Ramp Retrofit Project and the 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 westbound Dinah Shore Drive free right -turn lane onto Monterey Avenue. Motion was seconded by Kelly. If the City didn't build the signal and waited for the developer to request it, Mr. Greenwood answered that in the interest of safety, the median on Monterey across the intersection with Avenue 35 would have to be extended so that left -turn access was prohibited. In fact, he said there was one version of the design like this. Mayor Crites requested, either before the end of this meeting or on the next agenda, specific discussion of Mr. Greenwood's memo regarding all of the other things that have slipped away from the City's control and/or are now going to cost it a great deal of money in connection with this project. He said in addition to the signal that was just discussed, there were many other items that added up to millions of dollars. Mayor Crites called for the vote, and the motion carried 3-2, with Ferguson and Crites voting NO. With City Council concurrence, Mayor Crites suspended the agenda at this point in order to take up Item XI - Continued Business - A. Please see that portion of the Minutes for discussion and action. G. REQUEST FOR CONSIDERATION OF A CITYWIDE ENERGY CONSERVATION/EFFICIENCY PROGRAM AS DRAFTED AT THE ASPEN ACCORD MEETING IN AUGUST 2005. Mr. Ortega commented about his staff report and resulting recommendation, noted that both the Mayor and Mayor Pro Tem may have additional information to offer, and that Mr. John Phillips of the Energy Coalition was present today to answer questions as well. Responding to question, he said that today's request was for conceptual approval, authorizing the City Manager's office to spend time and some money to develop a program as outlined, including City staffing requirements and potential funding applications to the State, and return it to the City Council for final action. He felt it was important to get the City Council's approval before a lot of effort was put into program development, offering that staff believed it was a good thing to pursue and anticipated a successful result. He went on to say that over the last three or four years, the City had been participating in similar programs with the Energy Coalition, which had proven to be beneficial. In further response to question, Mr. Ortega said staff envisioned that the program would need at least one employee, along with some additional help. He said consultants would be utilized for the program, as the City does currently through its association with the Energy Coalition; everything the City 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 had done so far for energy savings, both for the City itself and in households, had been done with outside contractors performing the work. Mayor Pro Tem Ferguson remarked that he and Mayor Crites recently participated in a program with Edison, PG&E, The Gas Company, and the Chairman of the Public Utilities Commission where an idea was generated. He said before they were comfortable about doing anything with the idea, they wanted to get their colleagues' concurrence and authorization for the City Manager to further study it and formulate a recommendation. Councilman Spiegel commented that anything that could be done to save energy would make a lot of sense —a 30% reduction for residents would be great. But he also wanted more information before he was ready to sign on to it. Councilman Spiegel moved to, by Minute Motion: 1) Concur with the initial findings of the report; 2) direct the City Manager to bring back a detailed report for the creation of a Department of Energy Management, staffing for same, and a funding application, all for future City Council consideration. Motion was seconded by Ferguson. Mayor Crites observed that in a Desert Sun article this morning, it was reported that the California Public Utilities Commission (CPUC) was looking at the largest energy efficiency program for any state in the nation's history. He said the CPUC believes that if the State needs new energy, it would be cheaper to use what is already produced more efficiently —getting new energy out of existing energy —as opposed to building new power plants, which is a difficult process that also only serves to increase dependence on natural gas, etc. He therefore believed timing of the subject program was perfect, and the economic incentive for residents and new businesses would provide a draw to our community. He felt it would be remarkable if it was successful, a pleasant opportunity to work with our colleagues at both Edison and The Gas Company in partnership, along with those in the Energy Coalition. Mayor Crites called for the vote, and it carried 5-0. Following Public Hearing Item A, New Business Item H was ADDED TO THE AGENDA on a motion by Kelly, second by Spiegel, and 5-0 vote of the City Council. H. CONSIDERATION OF REQUEST BY WESTFIELD PALM DESERT MALL TO LAND A HELICOPTER ON THEIR PROPERTY ON SEPTEMBER 29, 2005. Councilman Spiegel moved to, by Minute Motion, grant permission to Westfield Palm Desert to have a helicopter land and take off on their property on September 29, 2005. Motion was seconded by Kelly and carried by 5-0 vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 XI. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF GRANT FUNDING FOR PALM DESERT PRESBYTERIAN PRESCHOOL AND KINDERGARTEN FROM THE CITY'S CHILD CARE DEVELOPMENT FEES FUND 228 FOR PLAYGROUND AND FACILITY IMPROVEMENTS (Continued from the meetings of July 14, August 25, and September 8, 2005). Mayor Crites noted the staff report and the opinions from legal counsel that had been received. Councilmember Benson said that in reading the City Attorney's report, it appeared that the playground equipment ($10,585.21) and plumbing repair ($2,544.12) could be covered with this funding without infringing on the rules prohibiting it. Therefore, she requested that amount of funds be approved and disbursed, and defer granting the balance until further investigation could be conducted. She'd consulted with Prop. 10 Attorneys, and their committee frequently provides such public funding for several preschools in Riverside County, including some locally. She said there were caveats that prohibited religious instruction included in those funding agreements, and if there was a concem that some of the buildings are used for other purposes, that amount of the use could be deducted. She pointed out that it was a preschool and kindergarten, and Riverside County was currently rated lowest for providing adequate child care facilities. She felt it was so critical to keep up facilities that were operating, that it was worth pursuing ways to legally give the balance of the funding. Mayor Pro Tem Ferguson said he didn't disagree with Councilmember Benson. However, he felt the legal analysis had been incredibly slow in coming and was apparently incomplete, if there are other groups who do this. He wanted some direction from the City Attomey's office as to what the City Council should or can do legally before it decides whether or not it wants to do it. Because the City Council had, at various times, mentioned others that the City has funded, Mr. Erwin said the only one he was able to determine any record of was the Boehm Center, which is a separate entity whose sole purpose is for child care. He offered to look at any others that the City has already funded or may potentially in the future and do any other requested research. Mayor Pro Tem Ferguson asked if there was an opinion on Councilmember Benson's proposal to fund the playground and plumbing. Mr. Erwin said it 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 appears that a distinction can be drawn between those and the actual structures themselves. Councilman Spiegel acknowledged that funds had been provided to the YMCA -Jean Benson Child Care Center, which was not affiliated with a specific church. But he was troubled by the fact that California Law forbids entanglement of church and state; a grant to such a school would violate Section 8, Article 9 of the California Constitution and likely violate its Section 5, Article 16 as well. Mr. Erwin agreed. Mayor Pro Tem Ferguson noted that the section just referenced by Councilman Spiegel stated, "...that no public money shall ever be appropriated for the support of any sectarian denominational school or any school not under the exclusive control of the officers of the public schools, nor shall any sectarian or denominational doctrine be taught or instruction permitted, directly or indirectly, in the common schools of the state." He requested confirmation that it provided ability to pay for plumbing and playground supplies and not the structure, and Mr. Erwin agreed that it did. Mayor Crites said as he read the opinion, he didn't see any distinction between plumbing, playground equipment, or anything else. It was clear to him that it was zero, offering that was not a comment on whether or not that was the right thing to do. Mayor Pro Tem Ferguson commented that he was in a particularly difficult position with this matter. After 11 years of membership and service to the Presbyterian Church in various capacities, including oversight of its Preschool, he was also an attorney and a Councilmember who had taken an oath to follow the Constitution of the State of California. For example, he said in Article 5 where it says, "...no city or municipal corporation shall ever make an appropriation or pay from any public fund whatever, or grant anything to or in aid of any religious sect, church, creed, sectarian purpose, to help, to support, or sustain any school, college, or university," he didn't see where it provided for plumbing or playground equipment. Mr. Erwin said the distinction was only drawn from a particular case, but he acknowledged that was an analysis under the Federal Constitution and not the State's. Councilmember Benson reiterated that the Prop. 10 Committee had been doing this for the last six years; there had never been any challenge of it, and they were currently up in the millions of dollars of grant funds to daycare centers and schools that provide religious instruction. She said those funding agreements contained caveats, providing that they were open to the general public and membership in their church was not required. Therefore, 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 she strongly believed there were legal ways to provide this funding just like Prop. 10 funds, which were also generated by taxpayers. Councilman Spiegel asked if the City Attorney could review Prop. 10's position if he was provided with more time to do so. Mr. Erwin said he would be happy to look at it but was unsure it would result in any major change. Mayor Pro Tem Ferguson called attention to a lawsuit filed this year by a majority of both the U.S. Senate and the House of Representatives as a result of passage of a measure to give $10 million to aid the historic aspect of the Califomia Mission Program. He pointed out that it had nothing to do with secular, religious purposes, or anything else —it was supposed to enshrine California's history and culture —but the Missions are Catholic, resulting in a lawsuit going to the Supreme Court under the Establishment Clause of the one Constitution the City Attorney feels may provide the City leeway to grant this funding. He said because other people had done it didn't make legal; if there is a legal way, he wants to know what that is, because he'd be happy to vote on it. Without that, he felt he was either a good church member and a lousy Councilmember or a good Councilmember and a lousy church member, which was a difficult position. Mr. Erwin offered to go further and address the issue of whether or not the application could be separated by purpose. Councilman Kelly commented that after considering it for three months, he didn't think anything was going to change. Councilmember Benson moved to, by Minute Motion: 1) Approve grant funding in the amount of the playground equipment and plumbing upgrades (approx. $13,000) to the Palm Desert Presbyterian Preschool and Kindergarten; 2) appropriate said funds from the Child Care Mitigation Fund 228; 3) authorize the City Manager to execute the required agreement (Contract No. C24050); 4) defer the remainder of the funding request for 30 days while a legal determination is made. Motion died for lack of a second. Councilman Kelly observed that while the City Council wouldn't want to break the law, it would want to benefit a worthwhile purpose. He agreed that it was now a bad position to be in and unfortunate that it had gone this far. Mayor Crites responded that the request was made and deserved due consideration. Councilman Spiegel moved to, by Minute Motion, continue the matter in order to allow the City Attorney more time to review legalities surrounding it. Motion was seconded by Benson. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 Mayor Pro Tem Ferguson asked that the inquiry be focused on cases in the State of California where an application for such public funding was challenged and ultimately prevailed. Mayor Crites called for the vote, including the direction above, and the motion carried 4-1, with Kelly voting NO. B. REQUEST FOR APPROVAL OF TRACT MAP NO. 30438-2 (Stone Eagle Development, Applicant) (Continued from the meeting of September 8, 2005). Mayor Pro Tem Ferguson noted for the record that he would be abstaining on this matter, as he recently learned one of his clients owns a parcel within 300 feet of this project. Mr. Greenwood reported that the item was continued so that staff could provide additional information, including the actual map for approval. He commented that the attachments that were provided included the tentative map (original map approved), with all of the subsequent pages showing the final map. He said in answer to the question of whether or not all of the conditions for the project either have been or are being met, they have been met with the exception of one —dedication of a five-foot strip of right-of-way to the State of Califomia at the access to Highway 74 for its widening. He said because this Tract Map doesn't actually touch Highway 74, it wasn't done on this map and has to be done on a separate document, which Stone Eagle is working on and will have ready soon. He commented that there had been a number of issues that had come up at Stone Eagle over the past few weeks —like runoff and grading that are related to the golf course itself. He stated that the map for approval here is for the residential element of the project, and issues about the golf course aren't necessarily relevant. Therefore, given that the one remaining condition is being processed, staff recommended approval. In answer to question, Mr. Greenwood believed the final tract map for the golf course had already been approved. Councilman Kelly noted that during a recent meeting, he'd been told he approved a certain kind of curb when he approved the tract map and wondered what type of curbs this one had. Mr. Greenwood answered that it was a wedge curb. Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-73, approving the Final Subdivision Map of Tract No. 30438-2. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 Mayor Crites noted for the record that he would be voting no on this item. As just today he'd received another call from one of his neighbors, who literally said the water was rising, which has been a four -month issue. He didn't care if it was connected to this approval exactly. He was not satisfied with the efforts made by the developer, and he wasn't satisfied with other efforts having to do with internal roadway structures or anything else there. Councilman Kelly seconded Councilman Spiegel's motion to approve. MR. BILL MUNSON, Palm Desert, spoke on behalf of the Applicant, saying that he had also addressed the concerns raised by Mayor Crites and calls received from neighbors. He said they had made efforts to curtail the water, which also caught them by surprise. They'd recently purchased 30 acres of sod to eliminate some of the water, helping to hold it on the course, and they were monitoring the situation. When it was first brought to their attention, they immediately called Vector Control after one of the homeowners mentioned mosquito abatement. He said Vector Control had been to the site twice and provided information to them about what to purchase to treat the water, which they did, and there was no evidence of any mosquitos. He said Vector Control was actually scheduled to make a visit today and canceled because a bigger priority developed, but they were expected back soon; there were no mosquitos at this point. With regard to the two creeks, water was trapped at the bottom of Bruce Creek, which they pumped into their water trucks and used for dust control on the site; water there had almost been eliminated. He said there was still one area that was leaking; they were pumping trapped water out of a hole that they think is causing the leak, and once the water is pumped out, they will be able to determine and solve the issue. They were also working on Ramon Creek, where water had been slowed down substantially with the monitoring. He said it was their feeling that it was a one-time occurrence. As they were growing in the golf course, a considerably greater amount of water was being used than will ever be used again. He displayed a chart of average gallons of water use per day and explained that during the growing process, they were using 1.7 million to 1.9 million gallons per day. Overseeding, a common practice for golf courses throughout the desert and one that will take place next month, requires 700,000 to 800,000 gallons of water per day. He went on to say that in the heat of the summer, they used up to a million gallons of water per day, with winter water usage considerably Tess. He said right now they were probably using double the amount of water as they'll ever use again on the golf course. They believed they won't have trouble in the future; but if so, they were already looking at areas to build ponds to trap and pump the water back up onto the golf course to keep the water from flowing beyond their property lines. Additionally, he said they had a geologist coming to the site tomorrow; they think the water is getting down to the bedrock and transferring across the property -they were unsure where it was all coming 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 from. However, as they cut back on water usage and the turf matures, it would require less water, would trap the water and use it, and they feel the flow will be stemmed. He offered to address any other issues. Mayor Crites replied that there were other issues he'd been trying to address for some months, and they were still unresolved. Responding to Councilman Spiegel's question, Mr. Munson said their project was not using recycled water. They'd purchased a well from the water district that had been taken out of use for domestic water, and they were pumping water from it through the City of Palm Desert up to the site for irrigation. Mayor Crites added that the well was no longer used for potable water since it was found to be high in nitrates. MR. TOM SULLIVAN of Coldwell Banker Real Estate, 72-605 Highway 111, Palm Desert, stated that he'd represented hillside properties next to Stone Eagle for two and a half years. Currently, he represents two owners with property right next to the golf course; therefore, he listened intently to information about drainage issues connected with it. He said for the most part, he heartily supported Stone Eagle; he felt it was going to be beautiful, and they did a great job of execution in the golf course world. However, he said Stone Eagle had let it be known that they intend to landlock and not allow access to the two parcels he represents at the western end of the hillside properties. Inasmuch as the tract map approval would result in landlocking the properties he represented, they opposed it. He presented a copy of his prepared remarks to the City Council, which are now on file and of record in the City Clerk's Office. MR. BILL CARVER stated that his property, adjacent to Stone Eagle, is bisected by Ramon Creek. He said his wife has been very upset over the whole matter, but he was reluctant to come and speak out about it because he's also a developer. He agreed that the issues of concem had nothing to do with the tract map; however, he didn't believe that there had been a good faith effort by the Applicant to try to mitigate the issues that they have caused. He went on to say when they first heard the water coming down, it was great to have a stream coming right through their front yard in the middle of the desert; but as it's gone on for month after month, it's become green with algae. It was changing the entire ecosystem on their property with an explosion of different plant life that had come down the creek, which concerns them. Secondly, he and his wife were concemed about Stone Eagle's maintenance yard, noting that it also had nothing to do with the subject request for approval. He suggested that the subject item be continued until it can be determined that the Applicant is trying to mitigate some of these issues. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 Mayor Crites further noted for the record that he'd received a telephone call this afternoon from Ms. Janice Wood, the immediate property owner next to Mr. Carver's property, who said the water was rising in the area and that she was not happy with this development. In answer to Councilmember Benson's question whether or not the Applicant could continue to work on the problems and then return for the final approval, Mr. Greenwood responded that they could continue to build their project and continue to try to solve the problems. He said at some point, the map approval will become an issue for them; maps are generally approved as soon as all the documents are ready, which is the point staff had reached with this project. Councilmember Benson commented that if the documents were ready but the project wasn't, it shouldn't be approved. Councilman Spiegel offered that while he didn't disagree with Councilmember Benson, the developer was being held hostage to correct a problem in another part of his development, not the one being reviewed here. MR. MUNSON added that the Tract Map approval was needed for many reasons —one was the scheduled opening of the golf course, and the map needed to be approved for utility approvals. He pointed out that there were many other ways to stop their development later if they didn't comply. He further offered that his organization, Lowe Enterprises, Mr. Ted Lennon, had been doing development in Palm Desert for over 30 years (i.e., Desert Crossing, Shadow Mountain); they had always worked well with the City and intended to continue doing so. Mayor Crites called for the vote on Councilman Spiegel's and Councilman Kelly's motion to adopt Resolution No. 05-73, which FAILED on a 2-2 vote, with Kelly and Spiegel voting AYE, Benson and Crites voting NO, and Ferguson ABSENT. Upon question about continuing the matter to the City Council's next meeting, Mr. Munson confirmed that his organization was committed to resolving the issues raised today. Councilman Spiegel moved to continue the matter to the City Council's first meeting in October. Motion was seconded by Crites and carried by a 4-0 vote, with Ferguson ABSENT. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 C. REQUEST FOR APPROVAL OF PARCEL MAP NO. 31515 (Rick & Fred Evans, Applicants) (Continued from the meeting of September 8, 2005). Mr. Greenwood stated that this map was also continued under similar circumstance to the aforementioned item —City Council requesting a copy of the map it was being asked to approve. He said the map was now attached to the staff report, with the first page being the original tentative map, and the following pages representing the final map. He reported that this project had complied with all of the conditions on the tentative map, and staff recommended approval of this Parcel Map. In answer to question, Mr. Greenwood said the curbs on the public street were vertical, as were those planned for the internal parking lots and access roads. Councilman Kelly commented that he voted in favor of the last project even though it had wedge curbs, as it was a gated community, the public was not subject to it, and the City wasn't responsible for street sweeping. He said whenever there were public streets subject to sweeping, vertical curbs should be required. Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-74, approving Parcel Map No. 31515 and the agreement relating thereto. Motion was seconded by Kelly and carried by a 5-0 vote. XII. OLD BUSINESS A. CONSIDERATION OF THE INSTALLATION OF ADDITIONAL PARKING RESTRICTIONS ON DEEP CANYON ROAD, NORTH OF FRED WARING DRIVE. Mr. Greenwood stated that the subject matter was related to approval of the Sacred Heart expansion; there were concems from neighborhood residents that parking was spilling over from the existing site and would be worsened with the expansion. Therefore, installation of no -parking zones (red curbs) on Deep Canyon was requested. He said staff has evaluated that request and believes additional red curbs should be installed on Deep Canyon but only after completion of the expansion project; the current parking shortage should be lessened by the expansion that includes significantly more on -site parking. If the on -street parking were taken away now, those cars will have to park somewhere —the parking lot is already full —and it is likely they will filter farther into the neighborhood and be more of a nuisance. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 Councilmember Benson noted the letter from the church asking for a continuance to the next meeting, since Father Lincoln had been involved in this process all along but was currently out of the country and unable to participate today. Mayor Crites asked about red -curbing on the east side of Deep Canyon near the entrance to the development directly across the street from the church in order to provide those residents with better egress/line of sight. Mr. Greenwood replied that the area from Fred Waring to the Palmira entry and 100 feet beyond is currently red -curbed. If the red -curbing was extended to the next street north, Moss Rose Drive, he estimated it would be about 300 feet and the equivalent of losing 10-12 parking spaces. He said those cars would either have to park farther up Deep Canyon or, of more concern to him, filter onto Moss Rose or any of the other cross streets and actually park in front of residents' houses and be more bothersome. He went on to say that it was something that could be done but was unsure that it was something that ought to be done. MR. MIKE ROVER, 73-265 Willow Street, Palm Desert, and President of Sacred Heart School Board, said he wanted to be sure that the City Council received Holt Architects' letter requesting a continuance. He was also in favor of that direction. MR. NORM EASTWOOD, 74-474 Myrsine Avenue, Palm Desert, agreed with Mr. Greenwood's solution to the problem. He said the sacrifice being made by residents currently is to wait until the construction is all done, which he felt was reasonable, in order to have redlining on Deep Canyon. He went on to say that the residents had no doubt that it was requested and needed. He commended Public Works staff for performing the additional analysis. Upon question by Mayor Crites, Mr. Rover answered that Father Lincoln did not support the staff recommendation to impose the condition, at this point, that would require redlining on the west side of Deep Canyon. Therefore, the church would prefer additional time to confer with City staff. Councilmember Benson moved to continue the matter to the meeting of October 13, 2005. Motion was seconded by Spiegel and carried by 5-0 vote. B. REQUEST FOR AUTHORIZATION TO INSTALL COUNTDOWN PEDESTRIAN SIGNALS AT THE INTERSECTION OF HIGHWAY 111 AND HIGHWAY 74 IMMEDIATELY AFTER ASSUMING JURISDICTION OVER THE HIGHWAYS. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 Councilman Spiegel moved to, by Minute Motion, direct staff to install countdown pedestrian signals at the intersection of Highways 111 and 74 immediately after assuming jurisdiction over them. Motion was seconded by Ferguson. In response to question about the time line for the City's assumption of jurisdiction, Mr. Greenwood said he anticipated summer of 2006. He said it is dependent upon Caltrans' preparation of an environmental impact report on the matter, meaning we are somewhat at the mercy of their schedule. Although, he believed they might stick to that schedule since they are anxious to transfer control. Mayor Crites called for the vote, which carried 4-0, with Kelly ABSENT. XIII. PUBLIC HEARINGS A. CONSIDERATION OF A CHILD CARE FACILITIES COMMERCIAL DEVELOPMENT IMPACT MITIGATION FEE PURSUANT TO THE FINDINGS OF A NEW NEXUS STUDY. Mr. Ortega noted for the record that the City had received a letter from the Building Industry Association - Desert Chapter (BIA) and that Mr. Drell had prepared a letter of response to those issues. Mr. Drell reported that the BIA's primary concerns were that the City would be providing funds to private organizations and that those funds would continue to fulfill the objectives of the ordinance. He said in response, staff was recommending the addition of two sections to the ordinance. First, to Section 3.45.010 (D): "Recipients of child care impact fees shall be required to enter into an agreement that secures to the City, over time, the benefits derived from those investments, ensuring that the objectives of this title are achieved." He said it would depend on the nature of the grant and the nature of the improvements; conditions would be attached so that the funds would be a grant as long as the money was used for capital investments that fulfilled the contract. If a grantee went out of business, the grant would revert to a loan that would be repayable to the City. The second addition would be to the section that provides an option for developers to, in lieu of a fee, actually provide child care or contract to provide it. He said this generated the same concern —once the developer agreed to do so that there would be the ability to make sure that they continued to provide those services while the impacts remained. Therefore, the following addition was proposed for Section 3.45.060: "Recipients of fee offsets shall enter into an agreement with the City, ensuring that mitigation alternatives continue to implement the objectives of this title for the useful life of the subject commercial development." 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 Mayor Pro Tem Ferguson observed that Mr. Kibbey cited Govemment Code Sections 66000 (b) and (d) in contradistinction with one another and argued that the City is precluded from making monies available to private organizations or to private structures. He asked if the City Attorney concurred with that interpretation. Mr. Erwin said he did not agree. He explained that subsection (d) basically provides for public improvements, public services, and community amenities. There were no specific cases that have interpreted that section; although, he said it is very similar to the approach of placing a use requirement and an agreement on it, which has also been used on conversion ordinances, with one case that supports that approach. Mayor Pro Tem Ferguson remarked that his interpretation of "public services" in subsection (d) meant services available to the public, not services that are provided by public employees. Mr. Erwin agreed and said he was unaware of an interpretation that said it has to be owned by the public. He further agreed with Mayor Crites that Mr. Kibbey's argument reached well beyond what is probable. Mayor Crites declared the public hearing open and invited public testimony in FAVOR OF or in OPPOSITION TO the subject matter. MS. DORIS MECHANICK, 128 Shoreline Drive, Rancho Mirage, CA, Child Care Coordinator for the Mentor (?) Project and Consultant, commended the City Council for their foresight and leadership in child care issues over the last 15 years. She felt it was a very important issue and a program that needed to be continued into the future to ensure children are being well cared for. She suggested that it be expanded to include after school programs that provide creative activities for the children. MR. FRED BELL, Governmental Affairs Representative for the Building Industry Association (BIA) in the Coachella and Imperial Valleys, said his organization still feels strongly that the ordinance does not fall within Govemment Code Section 66000, which was not meant for the purpose of providing grants for private enterprise. He said they believe that section is meant to provide buildings and hard infrastructure but acknowledged the City Attorney's comments on it. He asked, at the very least, that the City Attorney review the ordinance and provide BIA with an opinion in writing, and that the subject matter be continued until they receive the written opinion and are able to review it. Further, they believed that these type of businesses have a high turnover rate and frequently go out of business, which led them to question the strategy of providing public funds for this purpose. They felt the analysis in the nexus study contained a lot of supposition and questioned its 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 actual cost of child care facilities, believing that costs outside those proposed in the mitigation fee provision might put more strain on existing facilities. As alternatives, they suggested the City work with larger companies in the community to help them provide child care at their facilities and that the City expand existing child care within its own facilities that are under its direct control. He offered to answer questions. Councilman Spiegel commented that the City currently sponsored an After School Program. It invested about $150,000 per year for the programs at Palm Desert Middle and at Lincoln Elementary Schools; the amount of students served is limited to about 140 total, and there is a waiting list, but there isn't enough funding to serve all the students. He said the program was operated by the Coachella Valley Recreation & Park District and the Family YMCA, not by the City. He said the City has gone out into the community to seek funding from its largest businesses, and after two or three years of sponsoring it alone, only one business had come forward to assist. He hoped that would improve, but he took exception to the BIA's suggestion that the businesses would contribute, because it wasn't that easy. MR. BELL responded that they were alternatives, and the BIA would work with the City to assist in this effort. However, beyond the alternatives, they believed the premise of the ordinance is flawed. Mayor Pro Tem Ferguson said he believed the BIA's letter was flawed. He said particularly offensive was the statement that, "... all the spaces for child care which would be provided by this plan are for parents who do not live in the city. There is no legal requirement for the City of Palm Desert to assume responsibility for caring for children from areas outside the City." He said that was a patently absurd statement, pointing out that the City is the retail center of the Valley, and it has a large hospitality sector that is serviced by people who cannot even afford to live here. He stated that if single parents want a job and have to obtain daycare in order to get that job, it helps the business -labor base, providing the City with T.O.T. (Transient Occupancy Tax) and sales tax, which to date and hopefully will continue, to provide that no resident ever has to pay a tax for services in the City of Palm Desert. To say that there was no nexus and that people living outside the City deserved to be treated poorly, he felt was an appalling statement. Further, he'd gone through both of the Code Sections cited in the BIA's letter, saw the subsection that Mr. Erwin saw, reread the letter and thought it was as intellectually dishonest as it could get. He gave the benefit of the doubt since Mr. Kibbey was not an attorney, and he was unsure whether or not an attorney prepared the letter, but he certainly didn't think it was necessary to give the BIA a legal opinion every time the City does something that is good for its residents and asked that Mr. Bell convey these thoughts to Mr. Kibbey. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 Councilmember Benson noted that in addition to the two or three years that the City has worked on the After School Program, it has worked 15 years to get the private sector in Palm Desert to contribute to child care. The Marriott was the only business that stepped up, and while maybe not significantly then, she said at least they had an interest. She felt the private sector doesn't care, and she agreed with Mayor Pro Tem Ferguson that it's the City's duty to help where it can. She added that Riverside County has the lowest recorded number of child care facilities in the State, and when you're 56th on the list, that's pretty bad. If cities can help workers in any way, she believed it would behoove them to do so. Mayor Crites agreed with his colleagues and said he was also dismayed by BIA's position in the last line of its letter that says the City of Palm Desert has no responsibility for caring for children from areas outside the City. MS. STELLA LEONARD, Executive Director of the Boehm Child Development Center, Palm Desert, said she was proud to be director of a center in the City of Palm Desert and commended the City Council for what it had done for child care here. She commented that she'd been in the industry for 37 years, previously operating centers in Los Angeles, and she'd never been involved with a City that was as welcoming to child care and as supportive of families as the City of Palm Desert. Further, she noted that her center was a recipient of grant funds provided by Marriott. She encouraged anything that could be done to improve the quality of life for families, adding that the City was becoming home to more and more young families who need child care —she averages three calls per day from throughout the country that she's had to turn away. She supported the fees. MS. NANCY MAICH, Special Projects Coordinator for First Five Riverside, said their program was recipient of a grant from the State of California, and Riverside was one of six counties working on the ABCD Project (Affordable Buildings for Children's Development). She also commended the City of Palm Desert for its forward -thinking philosophy and hoped the other 23 cities in Riverside County would use it as a model. She went on to say they'd just released the Economic Impact of Child Care for Riverside County, and she reiterated Councilmember Benson's comment that out of all the counties in the State, Riverside was 58'h in child care supply. It was a critical issue, especially with the amount of growth, and her organization was trying to strategize to build more child care facilities across the County —they were needed everywhere, and the need has no socioeconomic boundaries. She praised the City for its effort. With no further public testimony offered, Mayor Crites declared the public hearing closed. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 In answer to Councilman Spiegel's question, Mr. Drell said child care for school -age children was included in the plan. Councilmember Benson moved to waive further reading and: 1) Adopt Resolution No. 05-78, adopting the Master Plan; 2) pass Ordinance No. 1101 to second reading, establishing the fee as specified with amendments to Sections 3.45.010 and 3.45.060; 3) adopt Resolution No. 05-79, setting the formula and Child Care Facilities Commercial Development Impact Mitigation Fee. Motion was seconded by Ferguson. Councilman Kelly expressed concern that the plan specifically identify the After School Program as an activity that was eligible for funding. Mr. Drell responded that his previous answer should be qualified. The one restriction for impact fees is that they can only be used for capital investments; they could not be used to subsidize operation of any facility. However, he said if the school district needed funds to build something or purchase capital equipment, then the funds can be utilized, and he affirmed that it was the same rule for any use of this money —preschool, after school, or any other things are equally eligible. He added that while there is an initial Master Plan and Nexus Study, one of the ongoing activities connected with the program is the ability to amend or expand the Master Plan as the needs arise. Mayor Crites conveyed appreciation to Mr. Drell for the response letter to the BIA. He followed by assuring the BIA that although they may not agree with its point of view, the City Council would do its very best to be good stewards of monies that are collected through this process and that they would benefit the public in a wise and prudent fashion. Mayor Crites called for the vote, and the motion carried 5-0. XIV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 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. USS Ronald Reagan — Mayor Crites recalled for his colleagues a golf event about a month ago with sailors from both the USS Ronald Reagan and the USS Bonhomme Richard. Shortly thereafter, he had sent a letter suggesting that the City would probably want to take over its participation in the Sister Ship program and not rely upon a third party for communication or organization. He asked if the City Council would still be in favor of pursuing an independent relationship with the USS Ronald Reagan. With City Council concurrence, staff was directed to prepare a Ietterforthe Mayor's signature that would convey Palm Desert's intent to work directly with the USS Ronald Reagan and not through a third party from this point forward. o City Council Committee Reports: 1. SunLine — Councilman Kelly stated a few years ago, the City provided a loan to SunLine for purchase of approximately 10 acres of land for future use. Yesterday he was pleased to deliver a $1.6 million check to the City in full repayment, and he conveyed SunLine's appreciation for all of the City's assistance. 2. Coachella Valley Trails — Mayor Crites commented that he and Mr. Drell had spent some time in the field looking at trails. He said there was now opportunity to finish the Hopalong Cassidy Trail and to reroute the "Bump & Grind Trail" in Rancho Mirage, as long as they are finished by mid -December. Therefore, they were moving with all dispatch to accomplish these projects, and he'd asked the City Manager for assistance 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 to ensure Palm Desert was devoting the necessary resources. He noted that funding was approved for the projects as long as they are completed by the deadline. o City Council Comments: None XV. ORAL COMMUNICATIONS - C None XVI. ADJOURNMENT With City Council concurrence, Mayor Crites adjourned the meeting at 5:47 p.m. ATTEST: RACHELLE D. KLASSEN', CITY CLERK CITY OF PALM DESERT, CALIFORNIA BUFORD . CRTTES, -MAYOR 1 27