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HomeMy WebLinkAbout2007-10-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 25, 2007 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:00 p.m. II. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilman Jim Ferguson Councilmember Cindy Finerty Councilman Robert A. Spiegel Mayor Richard S. Kelly Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Steve Deitsch, Assistant City Attorney Sheila R. Gilligan, ACM for Community Services Lauri Aylaian, Acting ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Dan Kaiser, Acting Director of Building & Safety Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs John Rios, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Dennis Dawson, Battalion Chief, Palm Desert Fire/Riverside co. Fire Dept./Cal Fire Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 IV. ADJOURN TO CLOSED SESSION _ Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 637-071-002 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Casey M. Lucas Under Negotiation: x Price x Terms of Payment 2) Property: APN 627-074-013 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Alvin R. and Eva A. Woolworth Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs, Ltd., v. City of Palm Desert, et al., Riverside County Superior Court, Case No. INC053903 NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. b) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County Superior Court, Case No. CIV 80790; DCA No. E023514 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 3 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Party: Carlos L. Ortega/City of Palm Desert 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 Mr. Ortega asked for City Council's consideration of adding four items to the agenda, two of them were related to the fires in Southern California, one was related to a change that needed to be made to the Fred Waring Drive Widening Project, and the last was a Closed Session matter: 1) Request from the Marriott for a waiver of T.O.T. (Transient Occupancy Tax) for displaced fire victims coming to stay in Palm Desert hotels. 2) Request for contribution of funds for Red Cross outreach to fire victims. 3) Request for Design Change on the Fred Waring Drive Widening Project related to ongoing construction for which the City Council needed to make a decision today. 4) Closed Session item for consideration of potential litigation pursuant to Government Code Section 54956.9(b), adding one case to the agenda. Mr. Deitsch reported that in his opinion, there was potential exposure to litigation regarding the adoption of a policy related to Assembly Bill No. 1234 - Reimbursements. He further stated that two findings needed to be made in order to add the items to the agenda, which he believed could be made: 1) An immediate need to take action existed (i.e., Fred Waring Drive median concrete being poured tomorrow; emergency existed to provide relief for fire victims with a contribution to Red Cross; because of the item on today's agenda regarding the City's Travel Policy and reimbursements, which would have immediate application due to the immediate need to meet the City's goals and policies by Councilmembers' and other officials' attendance at various events, a Closed Session discussion needed to occur about legal exposure surrounding the policy); 2) the need to take action on these items occurred after the agenda was posted. With City Council concurrence, the request for considering a waiver of T.O.T. was rejected. Councilmember Finerty moved to, by Minute Motion: 1) Make a finding that an immediate need to take action existed and the need for same arose after posting the agenda for this meeting; 2) add the aforementioned Item Nos. 2-4 to the agenda. Motion was seconded by Benson and carried by a 5-0 vote. With City Council concurrence, Mayor Kelly adjourned the meeting to Closed Session at 3:05 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE _ UNITED STATES OF AMERICA - Councilmember Cindy Finerty VII. INVOCATION - Mayor Richard S. Kelly VIII. ORAL COMMUNICATIONS - B MR. MICHAEL SMITH, Cook Street, Palm Desert, reported that his daughter attended James Carter Elementary School on Hovley Lane. He referred to a hand - drawn map and likened the difficulty experienced in traffic while trying to drop off or pick up a student from the school to "a nightmare;" one had to be there an hour early to do either. Working during the day, he couldn't afford that amount of time to take his daughter to school or pick her up. He noted that his daughter has attended both Cathedral City Elementary School and Corsini Elementary in Desert Hot Springs, where he could park along the street, walk up to get his child, and be gone in less than 10 minutes. He hoped the City, School District, and Police Department could cooperate and consider modifying the traffic pattern at Carter Elementary to make it more efficient and safe for the children and residents. Mayor Kelly asked staff to investigate this concern and return if there was an action that needed to be taken. In response to Mr. Smith's offer to provide his suggestions in writing, he said the City would welcome that information and asked that Mr. Smith leave his contact information with the City Manager. MR. LARRY STEVENS, Palm Desert, also commented about Carter Elementary, noting there was a golf cart/bicycle lane along the right-hand side of eastbound Hovley Lane. He said when parents go to pick up their children, they park in that lane and pull forward as traffic allows. However, people continually pull into the second lane and then try to pull into the driveway, in addition to those making a left turn into the school driveway from westbound Hovley. He said as late as 3:00 p.m. today, cars come all the way down to Portola Avenue and make a u-turn back onto eastbound Hovley Lane, creating a large problem. Even though the Police were often present, there seemed to be little enforcement. He asked for some supervision of this situation. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF ANNUAL "MINI -MUSTER" RECOGNITION AND ARTWORK AWARD CERTIFICATES. For the benefit of those in the audience, Mayor Kelly explained the Mini -Muster event that's been put on for the past 15 years through the Palm Desert Historical Society to teach Palm Desert Third Graders about fire prevention and safety. A total of 2,029 volunteer hours were involved to put 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 on this year's event. Mini -Muster Coordinator John Marman further explained that each year one artwork was chosen from each Elementary School to represent the current year's event. The award winning entries would be framed and placed on display at the fire stations throughout the coming year then returned to each artist. On behalf of the City Council, Mayor Kelly, along with Mini -Muster Coordinators Mr. and Mrs. John Marman, congratulated and presented artwork award certificates to the following Third Graders: Kevin Morden of Gerald Ford Elementary, Gabriella Wells of Ronald Reagan Elementary, Nydia Aguayo from Abraham Lincoln Elementary, Kelsey Kesel of James Carter Elementary, and Noah Lander from George Washington Charter Elementary. Mayor Kelly then thanked the firefighters and Historical Society for their contributions resulting in another successful Mini -Muster Program. MR. AND MRS. MARMAN went on to present engraved plaques and certificates of recognition to the City, the teachers and administrators from Desert Sands Unified School District, and the firefighters of the Riverside County Fire Department/Cal Fire for their participation and support of this Program. He also recognized two of the founders of the annual Mini -Muster who were in attendance today, Jan Holmlund and Dan Callahan. B. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE — SEPTEMBER 2007. On behalf of the City Council, Mayor Kelly and Mr. Ortega honored Tony Becker, Bernice Keating, Miriam Miller, and Debra Lee for their extraordinary efforts by presenting them each with a printed certificate and a $100 gift certificate. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 11, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 88, 89, 93, 94, 98, 99, and 100. Rec: Approve as presented. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 C. CITY'S/AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for July 2007 and August 2007 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of September 19, 2007. 2. Marketing Committee Meeting of September 18, 2007. 3. Parks & Recreation Commission Meeting of September 18, 2007. 4. Youth Committee Meeting of September 11, 2007. Rec: Receive and file. E. RESIGNATION of Kevin Francis from the Youth Committee. Rec: Receive with very sincere regret. F. RESIGNATION of Christina Sun from the Youth Committee. Rec: Receive with very sincere regret. G. REQUEST FOR APPROVAL of a Reimbursement Agreement for Construction of Median Island Landscape Improvements on Gerald Ford Drive Along the Frontage of University Centre Professional Park (Contract No. C27060). Rec: By Minute Motion, authorize the Mayor to execute the subject agreement with J. W. Design and Construction, Inc., San Luis Obispo, California, utilizing funds from Median Landscape Account N o . 400-4614-433-4001. H. REQUEST FOR APPROVAL of a Professional Services Agreement for Ongoing Engineering Support for the Section 29 Assessment District (No. 2004-02) (Contract No. C27070). Rec: By Minute Motion, authorize the Mayor to execute the subject agreement with MSA Consulting, Inc., Rancho Mirage, California, in an amount not to exceed $48,000 — funds are available in the Project Account, No. 469-4350-433-4001. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 I. REQUEST FOR APPROVAL of the Second Amendment to the Joint Powers Agreement Creating the Coachella Valley Conservation Commission (CVCC) (Contract No. C24412). Rec: By Minute Motion, authorize the Mayor to execute the subject Second Amendment to the Joint Powers Agreement for the Coachella Valley Conservation Commission. J. REQUEST FOR ACCEPTANCE OF WORK for the Palm Desert Civic Center North Carports Photovoltaic System (Contract No. C23290C1) (Carlson Solar, Inc., Hemet, CA). Removed for separate consideration under Section XI Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. K. REQUEST FOR AUTHORIZATION of the Ninth Annual "Turkey Trot" on El Paseo - November 22, 2007 (Thanksgiving Day). Rec: By Minute Motion, authorize: 1) The Desert Cities Track Club to stage their Ninth Annual "Turkey Trot" on Thursday, November 22, 2007 (Thanksgiving Day), from 7:30 a.m. to 9:30 a.m. on El Paseo; 2) fee waiver for traffic control personnel in return for event sponsorship. Councilman Spiegel asked that Item J be removed for separate consideration under Section XI, Consent Items Held Over. Upon a motion by Spiegel, second by Ferguson, the remainder of the Consent Calendar was approved as presented by a 5-0 vote. XI. CONSENT ITEMS HELD OVER J. REQUEST FOR ACCEPTANCE OF WORK for the Palm Desert Civic Center North Carports Photovoltaic System (Contract No. C23290C1) (Carlson Solar, Inc., Hemet, CA). Councilman Spiegel stated the City was spending $560,411 for installation of solar panels over the carports and wondered what the annual savings would be and how long it would take to pay it off. Mr. Conlon responded that information was included in his staff report when the project was first approved, but he would be happy to bring back that information. He said the City would be receiving a check from the State of California in the amount of $150,000 to reduce the up -front cost. Upon 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 further question, he said the system will be monitored and agreed to provide quarterly updates. Councilman Spiegel moved to, by Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Motion was seconded by Kelly and carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 07-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PORTIONS OF RESOLUTION NO. 07-51, "EXHIBIT A," SALARY SCHEDULE, SALARY RANGES, AND ALLOCATED CLASSIFICATIONS — SR. ENGINEER AND ASSOCIATE ENGINEER. Councilman Spiegel moved to waive further reading and adopt Resolution No. 07-71. Motion was seconded by Benson and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1145 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF THE PALM DESERT MUNICIPAL CODE TO ADOPT THE 2007 EDITIONS OF THE CALIFORNIA BUILDING CODES AND RELATED MODEL CODES WITH SELECTED APPENDICES AND AMENDMENTS THERETO, AND MODIFYING SECTION 8.70.010 AND 8.70.040 RELATING TO PROPERTY MAINTENANCE. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1145 to second reading. Motion was seconded by Finerty. Mayor Kelly noted modifications were made by the State, and if the City wanted to keep up with those requirements, it needed to adopt this Ordinance. Mr. Kaiser concurred. Ms. Klassen announced the motion carried by a 5-0 vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 For Adoption: A. ORDINANCE NO. 1144 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NOTICE OF EXEMPTION AND AN AMENDMENT TO TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE, ADDING TO AND AMENDING SECTION 25.64, ALLOWING HELICOPTER FIELDS, HELIPORTS, AND HELISTOPS WITH A TEMPORARY USE PERMIT ONLY WITHIN COMMERCIAL, INDUSTRIAL, AND PUBLIC/INSTITUTIONAL ZONES IN THE CITY Case No. ZOA 07-02 (City of Palm Desert, Applicant). Councilmember Finerty moved to waive further reading and adopt Ordinance No. 1144. Motion was seconded by Benson and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FORAPPROVAL OF PURCHASE ORDER WITH LEADERSHIP DEVELOPMENT ASSOCIATES, ORANGE, CALIFORNIA, FOR LEADERSHIP TRAINING FOR CITY STAFF. Councilmember Finerty moved to, by Minute Motion, authorize the City Manager to enter into the subject purchase order with Leadership Development Associates, Orange, California, in the amount of $55,000 — funds are available in the FY 2007/08 Human Resources Department Budget. Motion was seconded by Spiegel and carried by a 5-0 vote. Mayor Kelly stated this was an excellent program where the up and coming employees had an opportunity to attend a leadership training. B. REQUEST FORAPPROVAL, OF CONTRACT FOR THE INSTALLATION OF PROPRIETARY ENERGY SAVINGS MODULES ON EIGHT (8) HVAC UNITS AT THE DESERT WILLOW GOLF RESORT CLUBHOUSE (CONTRACT NO. C27080). Mr. Conlon noted a correction needed to be made to his staff report, it's supposed to read eleven (11) HVAC units and not eight. Upon further question, he said the price remained the same and confirmed the system was supposed to pay for itself in three years. Councilman Spiegel moved to, by Minute Motion: 1) Approve the subject contract with Smartcool Systems USA Inc. in the amount of $39,932 for the installation of proprietary Energy Savings Modules on the eleven (11) HVAC units at the Desert Willow Clubhouse; 2) approve a 10% contingency for the project in the amount of $3,993; 3) authorize the Director of Finance to appropriate $43,925 for this project from Account No. 241-4195-495-8092 — funds are available in the account, no additional appropriation is required. Motion was seconded by Benson and carried by a 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 C. CONSIDERATION OF RECOMMENDATION FROM THE PALM DESERT PUBLIC SAFETY COMMISSION DEALING WITH NOISE DISTURBANCE AND ENTERTAINMENT ESTABLISHMENTS. Councilman Ferguson stated a meeting took place between a large group of folks that requested an opportunity to give input into this process and requested the item be continued. Mayor Kelly stated if this item was continued, it would be better to wait until that time for the staff report. Councilman Ferguson moved to continue this matter. Motion was seconded by Spiegel. Mayor Pro Tem Benson suggested setting a time limit on the continuance, otherwise it could be another six months. In addition, she thought it would be wise to include someone from the Public Safety Commission once the subcommittee was formed. Mayor Kelly agreed and suggested continuing the matter to the first meeting in December. Councilman Ferguson requested the City Attorney be on the subcommittee as well. Mr. Ortega asked if Council wanted to appoint a Councilmember to the subcommittee. Councilman Ferguson and Councilman Spiegel both agreed to serve. Councilman Ferguson amended his motion to continue this matter to the meeting of December 13, 2007, appointing a subcommittee consisting of a Member of the Public Safety Commission, the City Attorney, and Councilmembers Ferguson and Spiegel to work on the matter until that time. Motion was seconded by Spiegel and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF FUNDS FOR SUPPLEMENTAL GENERAL FLEET REPAIRS FOR FISCAL YEAR 2007/08. Mayor Pro Tem Benson moved to, by Minute Motion, approve the use of Hovley Tire, Palm Desert, California, for general fleet repair services that cannot be accomplished by the City's mechanic for the remainder of FY 2007/08 in an amount not to exceed $75,000 — funds are available in the Auto Fleet Account, No. 110-4331-413-3340. Motion was seconded by Spiegel and carried by a 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA BY 5-0 VOTE AT THE CONVENING OF THIS MEETING. E. CONSIDERATION OF CONTRIBUTION TO THE LOCAL CHAPTER OF THE AMERICAN RED CROSS TO ASSIST DISPLACED VICTIMS OF THE CURRENT SOUTHERN CALIFORNIA FIRES. Councilman Spiegel stated this emergency item was added to the Agenda in order to contribute $50,000 to the local American Red Cross, because Palm Desert Firefighters were actively involved in the catastrophe that's happening in Southern California. People that were displaced due to the fires have moved all over Southern California and into the City of Palm Desert, and it was in the public's best interest to consider such a donation. Councilman Spiegel moved to, by Minute Motion: 1)Approve a $50,000 contribution to the local chapter of the American Red Cross for the purpose of assisting victims of the current fire situation in Southern California; 2) appropriate said funds from Unobligated General Fund Reserves for this purpose. Motion was seconded by Ferguson and carried by a 5-0 vote. XV. CONTINUED BUSINESS A. CONSIDERATION. OF AN APPEAL OF AN ORDER TO ABATE A PUBLIC NUISANCE FOR PALM DESERT MOBILE ESTATES LOCATED AT THE SOUTHWEST CORNER OF PORTOLAAVENUE AND THE WHITEWATER STORM CHANNEL Case No. 07-369 (Mark Bessire/Palm Desert Mobile Estates, Appellant) (Continued from the meeting of October 11, 2007). Mr. Ortega stated it was staff's recommendation that another related item on the agenda, Old Business Item A, be considered first or jointly. Mayor Kelly agreed to consider both items jointly. Mr. Ortega went on to say Council had requested that staff return with the cost for the screening as recommended by members of the Chaparral Homeowners Association (HOA). The cost is outlined in the staff report submitted by Landscape Manager Spencer Knight. He said a letter of clarification was received from Chaparral HOA. He said at the time Council discussed the screening, there was an indication that Chaparral HOA might contribute toward the cost; but a letter from the President of Chaparral indicated that was not the case, that in fact an erroneous representation was made. At this time, Council had a cost and a process; however, it didn't have a commitment by anyone to assist with the cost. Coachella Valley Water District agreed to consider a quarter of the cost when it was thought that four parties would be contributing. So, CVWD was in, Chaparral was out, and the City had yet to hear from the Park Owner, waiting to see what would be 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 offered in addition to what was offered previously to resolve the screening _ issue. MR. MARK BESSIRE, Property Manager for Palm Desert Mobile Estates (PDME) said he was present to appeal the Notice to Abate. He said the first he ever heard of negotiations with Chaparral Country Club about the chain Zink fence was when he received the staff report two days ago. He said that was the reason Council had not heard from PDME regarding the screening issue. He said he was willing to discuss and be involved in any kind of negotiations at any time. But with regards to the Notice to Abate, they were appealing on the following grounds. First, since the park's conception in 1964 when it was still Riverside County, they had always operated an RV storage area. He said all mobile home parks in the area have a storage facility in them. Second, if the storage area was taken away, that would affect their Net Operating Income (NOI); Palm Desert was a rent controlled area, and it would be a basis for their requesting a rent increase for their NOI. He felt that needed to be taken into consideration as this matter moved forward. Thirdly, per the Palm Desert Rent Control Ordinance, if there's a reduction in amenities at a mobile home park, the rent would need to be reduced, which again would affect their NOI and chase them into rent control issues. He said they were also asked to apply for a Conditional Use Permit, which he didn't feel they should have to because their park had always operated with a storage area. He also didn't feel they needed to get a Business License to run an RV storage area. He ran many mobile home parks and was not required to have a separate business license. He said they weren't running a separate business, the storage area was part of the mobile home park. MR. CHARLES AUTTERSON, Chaparral Country Club, stated he was formerly the Chairman of the Restore Our View Committee. He said he had previously provided Council two written estimates from fence companies on the screening proposal he had been working on. He said as former Chair of the Committee to Restore Our View, he was advised by the Board of Directors that he was not a member of the Board. He explained there were two entities involved, Chaparral Country Club and Chaparral Homeowners Association, both having their own board of directors. He said it came as a surprise, but he was asked to disband his committee. However, having been involved for nine months to solve the blight situation that's affected the value of the homes, as determined by professional real estate appraisers, it's also affected the marketability of homes. He said there were approximately 1,100 members/625 homes at Chaparral. The letter addressed to the Mayor from the President of Chaparral outlined the reasons why the Board of Directors did not want to participate in the cost of the screening. He said it may have been as a result of a phone conversation between a member of his committee and Assistant City Manager Homer Croy, where the question was 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 asked if Chaparral was willing to contribute 25% to the estimated $80,000, which would be $20,000. He returned Mr. Croy's call within an hour and was then asked if Chaparral would be willing to contribute $25,000. He said within an hour the amount had changed, and it might have been an error, but it added to the confusion that continues. On a related item on this evening's agenda, Old Business Item A, the cost of the fence was $100,000, and he couldn't understand why because he had previously provided two written estimates to the Council. One estimate was for $46,000 and the other was $56,000 or $57,000. He said he knew it was a complicated issue but wondered how long would it take. Mayor Kelly said he understood Mr. Autterson's concern, but the City had to go through a different process with four parties to consider, and according to the letter he received from the President of Chaparral, they were not willing to contribute anything. MR. AUTTERSON stated he was addressing the Council as a member of Chaparral Country Club because he was going to form a coalition to try to work this matter out as a private citizen. He said it would take him some time, but in order for him to present anything, he needed to have the facts. Mayor Kelly responded that Council would be glad to wait for him to put something together, stating it will take the City some time to do their part as well. Mr. Ortega stated that based on the work that's been done by staff, provided they went through the City's own process with regards to the direction of fences, that Council authorize staff to continue to proceed. He said it's been staff's perspective that PDME needed to be part of the solution. He said PDME had argued it was Coachella Valley Water District that tore down the trees, but the storage area can be observed. Upon further question, he agreed this item needed to be continued under the condition that it be part of the negotiation and also continue assessment of the appeal. Councilman Spiegel moved to continue this matter to the meeting of December 13, 2007. Motion was seconded by Finerty and carried by a 5-0 vote. B. CONSIDERATION OF A REQUEST FOR FUNDING OF THE 2008 VIRGINIA WARING PIANO COMPETITION BLACK AND WHITE BALL (Continued from the meeting of October 11, 2007). MS. PEGGY CRAVENS, First Vice President of the Virginia Waring International Piano Competition, thanked the Council for the opportunity to be included on the Agenda on behalf of the Piano Competition and noted that Dr. Gerald E. Benston was also present this evening. She said a short 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 video would be presented to Council that she was confident they would find interesting and inspiring. She said Palm Desert was recognized internationally as the host city for this competition, and one of the great attractions for those competitors submitting an application to compete was that they would be coming to the beautiful City of Palm Desert. The most recent competition, which was now held everytwo years, was in March 2007. The competition was for Juniors, ages 8-12, and Intermediates, ages 13-17. There were more than100 applicants from all over the world, of which 54 were selected by a blind judging process. She said the video showed how incredibly gifted the youngsters are. The finalists were afforded the opportunity to play for the first time with a symphony orchestra at the McCallum Theatre. Several years ago, when she and Dr. Benston were invited to make their first appearance before Council, she stated if the Valley was now an international destination and can have international tennis tournaments, international golf tournaments, and international film festivals, there was no reason why they shouldn't continue to have an International Piano Competition. Once again she thanked the Council and introduced her colleague, Dr. Gerald E. Benston. DR. GERALD E. BENSTON thanked the Council for inviting him and Ms. Cravens to present a preview of the Piano Competition. He said the video prepared for Council beautifully capsulizes the Junior and Intermediate Competition that was held in the City of Palm Desert this past March. A 10-minute video was presented. Councilman Ferguson stated that in reading over the minutes of the last City Council meeting he noticed a suggestion made there wasn't acted on. He said the Mayor and Mayor Pro Tem, in their role as liaisons to the Outside Agency Funding Committee, were to review the subject request and make a recommendation. Had this request gone through the Outside Agency Funding, he doubted the information received would have been submitted, because there was nothing on the staff report that indicated what Virginia Waring's total budget was and what the money was proposed to be spent for. Mayor Kelly responded he didn't think this was an Outside Agency item but a request that went through the Marketing Committee as a promotion. Councilman Ferguson said that was his initial complaint and thought the Virginia Waring Piano Competition should be funded on an on -going basis through Outside Agency Funding so they didn't have to approach the Council every year for money. In turn, the City can get better financials on the program, make an informed decision on what level Council wanted to participate, know what the overall expenses are, and what their promotional value was. He said if the information on the staff report was what went to the 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 Marketing Committee, he thought it was insufficient to make a marketing decision, yet alone a financial one. He was not opposed to the Virginia Waring Piano Competition, he just preferred to budget it and obtain an application; it would at least make him more comfortable in spending $35,000. Councilman Spiegel said Councilman Ferguson's comments were well taken, but he didn't think the City's process could be changed in the middle of the year. He thought starting a new process next year would make more sense and can be revisited at that time. He said Council can review the various organizations the City awards funds to, including the Virginia Waring Piano Competition, and ask that they apply like all the other agencies. At this particular time, the City would be the sponsor of the Black and White Ball dinner, and the City will have the back cover of the booklet that is handed out where Carlo Ponti Jr. (Sophia Loren's son) would be attending as the event's honoree. Councilman Spiegel moved to, by Minute Motion, concur with the Marketing Committee's recommendation to: 1) Approve sponsorship of $35,000 for the Virginia Waring Piano Competition Black and White Ball; 2) appropriate $35,000 from the Unobligated General Fund to Special Events, Account No. 110-4416-414-3061, for this purpose. Mayor Pro Tem Benson stated when the Art Museum's request was turned down, she thought a committee was going to review future requests for the remainder of the year so that Council can knew what to do, but no meeting had taken place. She is a huge supporter of the Virginia Waring but would like to be on a level playing field with the committees she represented as well. Councilman Spiegel stated he understood and the only reason he didn't vote for the Museum request was because he didn't see any benefit coming back to the City. Mayor Pro Tem Benson responded she had explained how it came back to the City, it came back the same way as sponsoring this dinner. It came back by paying for programs for children, and that's exactly what the Art Museum did. She was not objecting to the Virginia Waring, the City's been supportive since the beginning by keeping it in the City and making it something viable. However, she thought a meeting needed to take place to see who will be funded in the future. Councilman Ferguson stated he understood the next competition would take place in 2009, and the City's Outside Agency Funding typically met in January and February. He thought it was a golden opportunity for the 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 Virginia Waring to get into the City's budget on an annual basis without having to come back to Council. At the last meeting, he was trying to make a compromise by having the Mayor and Mayor Pro Tem meet and provide a recommendation outside of the Outside Agency Funding process, and then go through the formal process the following years. He said the funding for the Ball could be obtained while still giving it the scrutiny that he and Mayor Pro Tem Benson would like. MS. CRAVENS stated this was their only annual fundraising event for the competition and will take place in February 2008. Mayor Kelly seconded the Motion. Councilmember Finerty stated she understood this was the only fundraising event and by the City contributing $35,000 for the dinner, she asked what would that allow the organization to raise. MS. CRAVENS responded it would allow all ticket sales to be free and clear and become part of the fundraising effort. Upon further questions about what percentage of the $35,000 would it take to put on the dinner and what other entities contributed to the sponsorship, she replied there were other extenuating expenses, i.e., programs, lighting, etc., and funds were also received from ticket sales, sales for the tribute book, pages in the tribute book, and private underwriters that came in. They will also have an event at Mr. Waring's home on November 13, 2007, at which time they will have a wish list for people who might be interested in supporting the orchestra for the evening, printing of materials, invitations, or the tribute book. DR. BENSTON stated it was an issue of raising as much money as they could on an annual basis because expenses were considerable. He said the next competition will be the senior level, and only 25 contestants will be selected internationally. The annual dinner helped toward those expenses along with other contributions made by the various foundations located in Palm Desert, including the Annenberg Foundation, which had been very generous over the years. MS. CRAVENS stated they gave back to not only the children of Palm Desert, but the entire Coachella Valley. She said this DVD and other DVD's will be shown at schools for all children. She hoped it will make a profound impression on youngsters and help keep them out of drugs and other sad situations. Councilman Ferguson asked if there would be a harm to the Virginia Waring organization if this matter was given two more weeks to provide the Mayor 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 and Mayor Pro Tem an opportunity to meet and vote on the request at the November 8 meeting. MS. CRAVENS responded there wouldn't. She hoped the Council would favor their request but understood the Council's need to discuss it further. Responding to question, she confirmed the competition was in March 2009. She reiterated the City of Palm Desert was the host City, and it was publicized all over the world by virtue of the competition applications and all other things advertised in magazines. She said Palm Desert was getting alot of bang for its buck. DR. BENSTON stated this competition was also a way of recognizing the children who contributed to society, who were talented and worked hard, and were so dedicated to pursuing their careers in music. He said they did wonderful things with some of the community schools in the Coachella Valley. One of the winning contestants will be appearing shortly at the elementary school in Indian Wells; it was a way of recognizing youth with real pursuits. Mayor Kelly called for the vote, and the motion FAILED on a 2-3 vote, with Benson, Ferguson, and Finerty voting NO. Councilman Ferguson moved to continue this matter to the meeting of November 8, and asked that the Mayor and Mayor Pro Tem meet to consider this item like an Outside Agency Funding request. Mayor Pro Tem Benson suggested including staff in the subcommittee, determine a budget that will be used and how it would be applied, but not by individual request. She said it was now October, Council still had the rest of the year to deal with, and she expected more requests would be coming in. She needed to know how much money would be allocated, because that was the intent of looking at individual requests and not holding anyone up. She said the Council knew which events they wanted to support and which ones were important to the City. She said the Virginia Waring Piano Competition was one of them, and it was not a matter of turning it down this evening, it was a matter of logistics between the Councilmembers. MS. CRAVENS stated she understood and only wanted to know exactly what was expected of them. She asked if the budget inquiry was solely for the Black and White Ball of February 8, 2008. Councilman Ferguson said he didn't want to be put in a position of answering that question but stated the City had a process and an application the Finance Director can provide. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 MS. CRAVENS agreed to fill out whatever application form necessary and wondered if they were expected to return on November 8 to make another presentation. Councilman Ferguson amended his motion to continue this matter to the meeting of November 8, 2007, with Mayor Kelly and Mayor Pro Tem Benson appointed to meet with staff, review the subject request, and return with a recommendation. Councilmember Finerty stated she felt the point was well taken. She said Council had a number of groups requesting funding, and it was an issue she raised at the last meeting. She asked Finance Director Paul Gibson if he was working on a policy. Mr. Gibson responded he had a rough draft and preferred waiting until the meeting of December. Councilman Ferguson agreed to further modify his motion to continue the meeting to December 13, 2007, with Mayor Kelly and Mayor Pro Tem Benson appointed to meet with staff, review the subject request, and return with a recommendation. Motion was seconded by Finerty, and it carried by a 4-1 vote, with Kelly voting NO. XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AGREEMENT FOR THE LANDSCAPING/SCREENING OF PALM DESERT MOBILE ESTATES (CONTRACT NO. C26960). This item was considered jointly with Continued Business Item A. Please see that portion of the minutes for discussion. Councilman Spiegel moved to continue this matter to the meeting of December 13, 2007. Motion was seconded by Finerty and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 3 TO CONTRACT NO. C25570A — CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS FOR THE SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02). Mayor Pro Tem Benson moved to, by Minute Motion: 1) Approve Change Order No. 3 in the amount of $97,496.60 to the subject contract with Skanska Civil USA West, Riverside, California, 2) authorize the transfer of said funds from contingency to base for the project; 3) authorize the Mayor to execute the Change Order. Motion was seconded by Finerty and carried by a 5-0 vote. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 XVII. PUBLIC HEARINGS A. ANNUAL REPORT OF THE CALCULATION OF CALIFORNIA GOVERNMENT CODE SECTION 66006 - DEVELOPMENT IMPACT FEES FOR THE CITY OF PALM DESERT AS OF JUNE 30, 2007. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. No testimony was offered. Mayor Kelly left the public hearing open. Councilman Ferguson moved to, by Minute Motion, continue the public hearing to the meeting of November 8, 2007. Motion was seconded by Finerty and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF THE REALLOCATION AND REPROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AWARDED TO THE ABC RECOVERY CENTER AND THE RIVERSIDE COUNTY LATINO COMMISSION. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Mayor Pro Tem Benson moved to, by Minute Motion, approve: 1) Reallocating CDBG Funds in the amount of $75,500 to alternative projects of the ABC Recovery Center and authorize staff to work with ABC to identify specific projects to be funded; 2) reprogramming CDBG Funds in the amount of $20,000 from the Riverside County Latino Commission to the Cityforfuture reprogramming to alternative organizations with qualifying projects. Motion was seconded by Ferguson and carried by a 5-0 vote. C. REQUEST FOR ACCEPTANCE OF 2007/08 CAL COPS (SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING/SLESF) GRANT AWARD IN THE AMOUNT OF $100,000. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Councilman Spiegel moved to, by Minute Motion, accept the Cal COPS (Supplemental Law Enforcement Services Funding/SLESF) Grant Award of $100,000 to be used to cover the cost for the 2007 Holiday Theft Suppression Program, the purchase of one Honda Police Motorcycle and ancillary equipment to replace an aging BMW Police Motorcycle, and the acquisition of necessary equipment to support front-line law enforcement services. Motion was seconded by Finerty and carried by a 5-0 vote. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of Amending the City's Travel Policy. Mr. Ortega noted the staff report and the recommended wording for the amended City Travel Policy. He offered to answer questions. Councilman Ferguson suggested some minor modifications to the proposed language as follows: First Change: Under the proposed language under City Payment for Expenses, begin the entire paragraph with the words "Consistent with its Charter," so that it's clear this action is being taken pursuant to the Palm Desert Charter as a Charter City. Second Change: Four lines down from the first paragraph, delete the word "reimbursement" and replace it with "payment." Third Change: Delete items a-e after "Functions for which this section applies are:" and insert "Civic and Governmental Events." Mr. Ortega stated the intent was to amend the actual Resolution and asked the City Clerk for the new resolution number. Ms. Klassen responded it would be Resolution No. 07-72. Councilman Spiegel agreed with the modification with the exception of deleting items a-d, because the City always had a policy that out-of-state travel must be approved by Council first. He thought this would be eliminating that approval process and didn't think it was proper. Councilman Ferguson stated it was not his intent to eliminate that approval, because anything outside the State of California still had to be approved by Council regardless of what was done to this Resolution. Mr. Ortega concurred. He said under a separate policy, all travel outside the State must be approved by Council. Those trips known 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 ahead of time are approved with the budget, and those unknown are considered separately. Councilmember Finerty and Mayor Pro Tem Benson were in agreement with the wording modifications. Councilman Ferguson moved to waive further reading and adopt Resolution No. 07-72, as amended. Motion was seconded by Finerty and carried by a 3-2 vote, with Spiegel and Kelly voting NO. NOTE: THE FOLLOWING ITEM WAS ADDED TO THE AGENDA BY 5-0 VOTE AT THE CONVENING OF THIS MEETING. 2. Reauest for Approval of Design Change for the Median Island Between Elkhorn Drive and California Avenue Within the Fred Waring Drive Widening Project. Director of Public Works Mark Greenwood stated the widening of Fred Waring was proceeding nicely. The soundwall had been completed, and the road widening was now in progress. It was discovered just yesterday, with the paving of the outside lanes, that staff was uncomfortable with the safety situation as the project was originally designed. Staff was recommending narrowing the median island from 10 to 8 feet to provide more room for the No. 3 lane, the curb lane in the westbound direction. This narrowing of the median was not a requirement but a recommendation by staff because the median will be so narrow. They are recommending that all the landscaping be deleted and substituted with rockscaping (decomposed granite, cobble, and boulders). The major reason for this recommendation was one of safety because the maintenance crews would have to work in a narrow median with fast traffic on both sides, or they would have to close a lane every time they were out there, and that wasn't practical. Upon further question, he said the median was between Elkhorn Drive and California towards the east end. He said he wanted Council to be aware that staff was proposing this change and wished to move quickly by pouring curb the next day, if approved. Mayor Kelly stated that in addition to solving this problem, it would also be an experimental opportunity to do rockscape in a median that the City may want to use in other places. If Council didn't like it, it won't be used anywhere else. Councilman Spiegel noted no water would be used. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 Councilmember Finerty suggested the redesign of the rockscape go through the Landscape Committee. Mr. Greenwood agreed that it was a good idea. Councilman Spiegel moved to, by Minute Motion, approve design change to narrow the subject median island from 10 to 8 feet to provide more room for the No. 3 lane westbound, including deleting the landscaping and substituting it with rockscaping (Le, decomposed granite, cobble, and boulders. Motion was seconded by Finerty and carried by a 5-0 vote. B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department Chief Dawson thanked the City Council for its generous donation to the Red Cross earlier in the meeting. He reported that an engine from the Town Center Station left Sunday afternoon to aid with firefighting in the Fallbrook area and was still on scene. He went on to say a call- back and cancellation of all days off was instituted, and all of the reserve units have been staffed; all of the City's stations were covered, with one reserve unit deployed in the San Diego area. He noted that the situation was still unstable, with the potential of one of the San Diego and Orange County fires crossing into Riverside County. Firefighters were experiencing some pretty long shifts on the fires, meaning staff in the City currently will be on duty at least through the weekend. He added that something not yet covered in the news was that a Cal Fire Engine from San Marcos was burned over on initial attack of the San Diego fire while executing a rescue of some people that hadn't evacuated. All four of the firefighters suffered various second- and third-degree burns, and he believed one of the civilians died, with the other in the burn center. He asked for everyone's good thoughts for these victims in their recovery. o Police Department None 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: None o City Council Committee Reports: None o City Council Comments: 1. Heart Walk — Mayor Kelly reported that Civic Center Park hosted the Heart Walk on Saturday, October 20, and it was well attended and very successful. 2. Ashley Furniture at Desert Gateway Center — Mayor Kelly commented that he participated in the ribbon cutting at the new furniture store. He said it was an impressive store and encouraged his colleagues to visit there. While at the ribbon cutting, various citizens commented to him how much they liked the entire Desert Gateway complex. XIX. ADJOURNMENT Upon a motion by Ferguson, second by Finerty, and 5-0 vote of the City Council, Mayor Kelly adjourned the meeting to Closed Session at 5:30 p.m. He reconvened the meeting at 6:08 p.m. and immediately adjourned, with no reportable action from the Closed Session. ATTEST: HELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ARD S. KELLY, MAYOR 23