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HomeMy WebLinkAbout2008-01-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 24, 2008 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:04 p.m. II. ROLL CALL Present: Councilman Jim Ferguson Councilmember Cindy Finerty Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson Excused Absence: Councilman Richard S. Kelly 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 Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Dennis Dawson, Battalion Chief, Palm Desert Fire/Riverside Co. Fire/Cal Fire Steve Brooker, Battalion Chief, Palm Desert Fire/Riverside Co. Fire/Cal Fire Steve Thetford, Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 627-092-008 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Lucia Rodriguez Under Negotiation: x Price x Terms of Payment 2) Property: APN 627-071-012 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Federico Beltran Meza 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 With City Council concurrence, Mayor Benson adjoumed the meeting to Closed Session at 3:05 p.m. She reconvened the meeting at 4:03 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Cindy Finerty VII. INVOCATION - Mayor Jean M. Benson 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 VII1. ORAL COMMUNICATIONS - B Fire Department Battalion Chief Dennis Dawson introduced newly appointed Battalion Chief Steve Brooker. He said Chief Brooker would be taking the place of Battalion Chief Travis Witten, who retired last month. Chief Dawson went on to report that Chief Brooker rose to the top of a field of 26 candidates for the position, and he was pleased to introduce him today. Fire Department Battalion Chief Steve Brooker said he was honored to be selected as the City's new Battalion Chief and looked forward to providing Palm Desert citizens with the very best in public safety and fire protection. He invited City Council and staff to call upon him any time for questions or other assistance. MS. PHYLLIS HARKINS, representing the Alzheimer's Association, announced their organization would be holding its Ninth Annual Memory Walk in Civic Center Park on Saturday, February 2. She said they'd been working closely with Parks & Recreation Services Manager Janis Steele and Parks Facilities Manager Jay Niemczak, both of whom suggested that at a future City Council Meeting she request the waiver of City fee for the on -site staff member who would be working the event that day. She believed the fee was $40/hour, and the maximum number of hours that staff person would be needed was no more than six, or a maximum of $240. She noted it was a non-profit fund-raising event, and the Alzheimer's Association was asking the City Council for future consideration of the waiver of said fees. Mayor Benson asked Ms. Harkins to put the request in writing to the attention of the City Manager for such consideration. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE RAY LOPEZ FOR HIS CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS ARCHITECTURAL REVIEW COMMISSION. On behalf of the entire City Council, Mayor Benson was pleased to present Mr. Lopez with an engraved crystal clock, thanking him for all the time he gave to the City with his service to the Architectural Review Commission. She noted that without citizen participation on the various Committees and Commissions, the City would not be as successful as it is today. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 B. PRESENTATION TO RECOGNIZE ALEC FERGUSON FOR HIS CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS YOUTH COMMITTEE. On behalf of the entire City Council, Mayor Benson presented the engraved crystal clock thanking young Mr. Ferguson for his time on the Youth Committee to his father, Councilman Jim Ferguson. C. PRESENTATION TO RECOGNIZE VERN JAKSCH ON HIS RETIREMENT FROM THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT AND FOR HIS SERVICE AS SERGEANT OF THE PALM DESERT TRAFFIC TEAM , 1999-2006. On behalf of the entire City Council, Mayor Benson presented an engraved brass platter to Sergeant Jaksch, thanking him for his service to the City of Palm Desert and congratulating him on his retirement from the Riverside County Sheriffs Department. Sergeant Jaksch commented that it had been his privilege and honor to work in the City of Palm Desert, and he thanked Mayor Benson and the City Council for this tribute. D. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE — DECEMBER 2007. On behalf of the entire City Council, Mayor Benson and Mr. Ortega recognized the following employees for their outstanding teamwork in recently completing a grant application to the Coachella Valley Association of Governments, which was subsequently awarded to the City of Palm Desert in the amount of $8.3 million: Mark Diercks, Ryan Gayler, Phil Joy, Cora Salas, and John Urkov. E. APPOINTMENT TO THE PALM DESERT YOUTH COMMITTEE. Mayor Pro Tem Spiegel moved to, by Minute Motion, appoint Katie Pawelczyk to the Palm Desert Youth Committee for a one-year term (12/31/08) to fill the vacancy of Alec Ferguson. Motion was seconded by Finerty and carried by a 4-0 vote, with Kelly ABSENT. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 F. CONSIDERATION OF VARIOUS REAPPOINTMENTS TO THE CITY'S STANDING COMMITTEES AND COMMISSIONS. Mayor Pro Tem Spiegel commented that reappointments were being recommended for people who had served on the City's Committees and Commissions and done a good job. Mayor Pro Tem Spiegel moved to, by Minute Motion, reappoint the following members to their respective positions on City Committees and Commissions, each for a four-year term (1/1/08 0 12/31/11) except the Youth Committee, whose terms are for one year (1/1/08 - 12/31/08): 1) Nancy DeLuna, Kristi Hanson, and John Vuksic to the Architectural Review Commission; 2) Norma Bussing, Kim Snyder, and John Weston to the Art In Public Places Commission; 3) Rod Murphy to the Building Board of Appeals & Condemnation; 4) David Fletcher to the El Paseo Business Association; 5) Vera Handley and Robert Pitchford to the Historic Preservation Committee; 6) Linda Ward to the Housing Commission; 7) Rick Darius, Theresa Maggio, and Sara O'Flynn to the Marketing Committee; 8) Jerry Dawson and Randy Guyer to the Parks & Recreation Commission; 9) Sonia Campbell to the Planning Commission; 10) Gloria Kirkwood to the Public Safety Commission; 11) Bill Adams and Joyce Wade-Maltais (Alternate) to the Rent Review Commission; 12) Raine Armstrong, Amanda Caudill, Gary Gill, Bryce Griffith, Kate Hart, Ryan O'Connell, Jonny Rohrbaugh, Jenna Scott, Ryan Sheehy, Abby Sturgeon, and Elle Wohlmuth to the Youth Committee. Motion was seconded by Finerty and carried by 4-0 vote, with Kelly ABSENT. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 10, 2008; and the Adjourned Joint Meetings of the City Council, Redevelopment Agency, and Housing Authority of January 15, 2008, and January 16, 2008. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 155, 159, 160, 161, and 164. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of December 18, 2007. 2. Public Safety Commission Meeting of October 17, 2007. 3. Youth Committee Meeting of December 3, 2007. Rec: Receive and file. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 D. AUDITED FINANCIAL REPORTS for the City of Palm Desert for the Fiscal Year Ended June 30, 2007. Rec: By Minute Motion, receive and file the audited Comprehensive Annual Financial Report (CAFR) for the City of Palm Desert for the Fiscal Year Ended June 30, 2007. E. AUDITED FINANCIAL REPORTS for the Palm Desert Redevelopment Agency for the Fiscal Year Ended June 30, 2007. Rec: By Minute Motion, receive and file the audited Component Unit Financial Report (CUFR) for the Palm Desert Redevelopment Agency for the Fiscal Year Ended June 30, 2007. F. AUDITED FINANCIAL REPORTS for the Palm Desert Recreational Facilities Corporation for the Fiscal Year Ended June 30, 2007. Rec: By Minute Motion, receive and file the audited financial statements of the Palm Desert Recreational Facilities Corporation for the Fiscal Year Ended June 30, 2007. G. REVIEW AND FILE the Report on Agreed -upon Procedures of Cash and Investments for the Fiscal Year Ended June 30, 2007. Rec: By Minute Motion, receive and file the Report on Agreed -upon Procedures of Cash and Investments for the Fiscal Year Ended June 30, 2007. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by LG's Prime Steakhouse, 74-225 Highway 111, Palm Desert. Rec: Receive and file. I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Murph's Gaslight Palm Desert, 73-155 Highway 111, Palm Desert. Rec: Receive and file. J. REPORT Pursuant to Section 33080.1 of the California Health and Safety Code (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, receive and file the Report pursuant to Section 33080.1 of the California Health and Safety Code. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 K. 2007 ANNUAL Public Safety Commission Report. Rec: By Minute Motion, receive and file the 2007 Annual Public Safety Commission Report dated January 9, 2008. L. RESOLUTION NO. 08-2 - A Resolution of the City Council of the City of Palm Desert, California, Rescinding Resolution No. 99-65 and Adopting Revised Guidelines for the Retiree Service Stipend Program for Employees and Members of the City Council. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. M. REQUEST FOR ADOPTION of Resolutions Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged Onto CDs (May - September 2007). Rec: Waive further reading and adopt Resolution Nos.: 1) 08-3 — May 2007 Records; 2) 08-4 — June 2007 Records; 3) 08-5 — July 2007 Records; 4) 08-6 — August 2007 Records; 5) 08-7 — September 2007 Records. N. REQUEST FOR APPROVAL of the Expenditure of After -school Program Trust Fund Monies for Lincoln Elementary School. Rec: By Minute Motion, approve the expenditure of $6,500 currently held in Trust Account No. 610-0000-228-2200 to purchase supplies associated with administration of the After -school Program at Lincoln Elementary School, Palm Desert. O. REQUEST FOR APPROVAL of Amendment One to the AB2766 Memorandum of Understanding (MOU) Between the Coachella Valley Association of Governments (CVAG) and the City of Palm Desert Regarding a PM10 Dust Control Program (Contract No. C22641). Rec: By Minute Motion, approve Amendment One to the subject MOU with CVAG dated July 1, 2004, providing for extension of that agreement to a new term date of June 30, 2008. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 P. REQUEST FOR AWARD OF CONTRACT to Joseph S. Gaugush, P.E., for Professional Services Related to Engineering Plan Check and Supplemental Engineering Support (Contract No. C27230). Rec: By Minute Motion: 1) Award the subject contract to Joseph S. Gaugush, P.E., Palm Desert, California, in an amount not to exceed $50,000; 2) authorize the Mayor to execute same — funds are available in Account No. 110-4300-413-3010. Q. REQUEST FOR APPROVAL of the Expenditure of CaICOPS (Supplemental Law Enforcement Services Funding [SLESF]) to Purchase a Replacement Motorcycle Unit for the Palm Desert Police Department. Rec: By Minute Motion, approve the expenditure of $25,271.60 of CaICOPS (SLESF) Grant Award for the purchase of one Honda Motorcycle and ancillary equipment for the Palm Desert Police Department. R. REQUEST FOR APPROVAL of the Expenditure of CaICOPS (Supplemental Law Enforcement Services Funding [SLESF]) Grant Award to Replenish the Palm Desert Police Department Contingency Fund. Rec: By Minute Motion, approve the expenditure of $14,965.20 of CaICOPS (SLESF) Funding Grant Award to reimburse the Palm Desert Police Department Contingency Fund. S. REQUEST FOR APPROVAL of Out -of -State Travel for an Associate Planner to Attend the 100`h Annual - 2008 American Planning Association's (APA) National Conference. Rec: By Minute Motion, approve the subject out-of-state travel for an Associate Planner to attend the Conference being held in Las Vegas, Nevada, April 27 - May 1, 2008 — funds are available in Account No. 110-4470-412-3120. T REQUEST FOR APPROVAL of Out -of -State Travel for the Marketing Manager to Attend 2008 Pow Wow Travel Marketplace. Rec: By Minute Motion, approve the subject out-of-state travel for the Marketing Manager to attend Pow Wow 2008 Conference being held in Las Vegas, Nevada, May 31 - June 4, 2008 — funds are available in Account No. 110-4417-414-3120. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 U. INFORMATIONAL REPORT on Media Placements and Public Relations Activities Provided by Nancy J. Friedman Public Relations. Rec: By Minute Motion, receive and file. Mr. Ortega asked that Item L be removed for separate consideration under Section XI, Consent Items Held Over. Upon motion by Spiegel, second by Finerty, and a 4-0 vote of the City Council, with Kelly ABSENT, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER L. RESOLUTION NO. 08-2 - A Resolution of the City Council of the City of Palm Desert, California, Rescinding Resolution No. 99-65 and Adopting Revised Guidelines for the Retiree Service Stipend Program for Employees and Members of the City Council. Mr. Ortega stated staff recommended this matter be continued to the next City Council meeting. Mayor Pro Tem Spiegel moved to continue this matter to the meeting of February 14, 2008. Motion was seconded by Finerty and carried by a 4-0 vote, with Kelly ABSENT. XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: None 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 XIV. NEW BUSINESS A. RECEIVE AND FILE THE CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY, AND PALM DESERT HOUSING AUTHORITY STRATEGIC PLAN - 2008 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Mayor Pro TemNice Chairman Spiegel moved to, by Minute Motion, receive and file the Strategic Plan for 2008. Motion was seconded by Finerty. Mayor/Chairman Benson stated the strategic plan was developed by the City Council at the retreat last week, and it was also printed in the local paper. She said the plan laid out what Council proposed to accomplish in 2008 for the betterment of the City. Mayor/Chairman Benson called for the vote, and the motion carried by a 4-0 vote, with Kelly ABSENT. B. REQUEST FOR APPROVAL OF BID FROM PAPILLON GRAPHICS FOR PRINTING OF THE NEW PALM DESERT VACATION GUIDE. Mrs. Gilligan stated she was happy to report the City was almost out of Vacation Guides, which was good news because they were being sent out by the thousands. The Guide was being redesigned to make it more current. The project went out to bid, with Papillon Graphics being the lowest bidder. She offered that Marketing Manager Kristy Kneiding was available to answer questions. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve the bid from Papillon Graphics, Palm Desert, California, in the amount of $48,826 to print the Palm Desert Vacation Guide; 2) appropriate said funds from Marketing Department Account No. 110-4417-414-3223 for this purpose. Motion was seconded by Finerty and carried by a 4-0 vote, with Kelly ABSENT. C. REQUEST FOR APPROVAL OF AGREEMENT WITH DESERT PUBLICATIONS TO PRODUCE A VISITOR DISCOUNT BROCHURE (CONTRACT NO. C27240). Marketing Manager Kristy Kneiding stated one of the largest requests received at the Visitor's Center was from people who wanted discount coupons, and the City currently didn't have one geared toward its visitors. Staff proposed contracting with Desert Publications, who would solicit stores and restaurants to include in a brochure that could offer some sort of 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 discount, with the discount being valid for one year. Staff was also looking to add Valleywide attractions to the brochure. Mayor Pro Tem Spiegel thought it was a good thing, considering what the business climate was, and it should help the City. Councilmember Finerty noted the item previously considered went out to bid and wondered if this item went out to bid as well. Ms. Kneiding responded it did not, but staff did meet with several different companies. One company wanted to tie in with other promotions, requesting $5.00 per phone call to solicit. She said Desert Publications submitted the most responsible offer. It wasn't a Request For Proposal (RFP) process, but other companies were researched. Other options considered were the "Go Pass" and "Value Pack" type companies, but the discount brochure seemed to fit with the City's specific needs of obtaining the retailers, restaurants, and attractions the City wanted to promote and not necessarily car washes or dry cleaners. Further responding, she wasn't aware of any other company in the Valley that could bid on this item. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve the subject agreement with Desert Publications, Inc., Palm Springs, California, in the amount of $25,000 to produce a Visitor Discount Retail Brochure; 2) appropriate said funds from Account No. 239-4416-414-3215 for this purpose. Motion was seconded by Benson and carried by a 4-0 vote, with Kelly ABSENT. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 9 TO CONTRACT NO. C22870B — CONSTRUCTION OF THE PORTOLA AVENUE BRIDGE AT THE WHITEWATER CHANNEL. Mr. Ortega noted the Portola Bridge had been open for quite a while, and although it required a series of change orders to complete the project, this was the final one. Mayor Pro Tem Spiegel asked if the change order included sidewalk on the west side of the bridge. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 Mr. Ortega responded that would be a separate project because the City needed to acquire right-of-way at that location, and he understood it was currently in the design phase. Responding to question about the total cost spent on the bridge, Engineering Manager John Garcia responded it was $11,316,000. The original estimate was $10 million, and on top of that amount were the design and construction management costs. Mayor Pro Tem Spiegel commented the bridge was beautiful, and Councilmember Finerty agreed. Responding to question about why the sidewalk on the west side was closed, Mr. Garcia further explained it was a complicated project because it required some property acquisition, probably one or two of the mobile home sites. He said staff would be returning at the next Council meeting with a contract for an environmental study for that project, and an update could be given at that time. Mayor Pro Tem Spiegel moved to, by Minute Motion, approve Change Order No. 9 in the amount of $263,230.98 to the subject contract with Granite Construction Company, Indio, California, providing for final accounting of costs, addition of base material on CVWD access road, and the reimbursement of costs incurred by Moffatt & Nichol Engineers for services related to the girder failure on the subject project; and authorize the Mayor to execute said Change Order — funds are available in Project Account No. 400-4359-433-4001. Motion was seconded by Finerty and carried by a 4-0 vote, with Kelly ABSENT. B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 4 TO CONTRACT NO. C25570A — CONSTRUCTION OF INFRASTRUCTURE FOR THE SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02). Mr. Ortega stated this item was to construct the infrastructure for the Section 29 Assessment District and noted that funds were provided by that Assessment District. He said changes were required as the project progressed. Upon further question, he confirmed it would be at no cost to the City. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 4 in the amount of $59,020.03 to the subject contract with Skanska Civil USA West, Riverside, California, for a number of items involving changes in field conditions, design corrections, and material substitutions; 2) transfer said funds from contingency to base for the project; 3) authorize the Mayor to execute Change Order No. 4. Motion was seconded by Finerty and carried by a 4-0 vote, with Kelly ABSENT. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A LOCAL DEVELOPMENT MITIGATION FEE ORDINANCE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (CVMSHCP) CONSIDERATION. Mr. Ortega noted this item was for various fees required to implement the Conservation Plan, mostly for property acquisitions, further noting the Plan was already approved by the City. He offered staff was available to answer questions. Responding to question, Associate Planner Renee Schrader said the fees were established after a Nexus Study conducted by Coachella Valley Association of Governments (CVAG), and they were the same for all cities. Councilman Ferguson stated he represented a number of clients still working their way through the MSHCP and was required to abstain from voting. Councilman Ferguson left the Council Chamber. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Mayor Pro Tem Spiegel moved to waive further reading and: 1) Pass Ordinance No. 1151 to second reading, establishing a Local Development Mitigation Fee for funding the Preservation of Natural Ecosystems in Accordance with the Coachella Valley Multiple Species Habitat Conservation Plan; 2) adopt Resolution No. 08-8, adopting the Local Development Mitigation Fee Schedule Applicable to New Development within the City of Palm Desert. Motion was seconded by Finerty and carried by a 3-0 vote with Ferguson and Kelly ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of Letter from Manuel Sanchez, 77-740 Delaware Place, Regarding Public Nuisance Decision January 10, 2008. Mr. Ortega stated if the City Council deemed it appropriate, he had a request to add something to the agenda. He explained that at the last meeting, Council considered the revocation of a home occupation permit for Manuel Sanchez Gardening Service. Mr. Sanchez has 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 since written the City Council stating that he would like the matter reconsidered because: 1) The hearing was held on January 10, and he claimed he did not receive notice until January 11; 2) some of the background information was incorrect. Mr. Ortega noted because the City Council took final action on January 10, it would now have to add the matter to this agenda and move to reconsider, if it chose to do so. Otherwise, the City Council's action was final, and staff will take the resulting steps to revoke the permit. Councilman Ferguson said it was his understanding that the motion to reconsider needed to be made by one of the Members of the City Council who voted on the prevailing side of the action, and it needed to be made prior to the end of the meeting where it was acted upon. Mr. Erwin agreed but offered that the City Council could determine that Mr. Sanchez did not have an opportunity to be heard and put it on the agenda, if Council wished to do so — it would be a reconsideration that wasn't necessarily in accordance with the ordinance. Councilmember Finerty responded she would not be in favor of reconsidering the decision. She felt Mr. Sanchez had been given every opportunity to correct the situation over a great period of time. Mayor Benson said she was also not in favor of reconsidering the matter. No action was taken on the request to reconsider the Manuel Sanchez Public Nuisance Abatement Appeal. Mr. Ortega stated he would send a letter confirming that the prior action was final. 2. Caltrans - Highways 74 and 111 Mr. Ortega noted that a question was raised at the last meeting about when the State's relinquishment of Highways 74 and 111 to the City would be final. He said according to Caltrans today, they have scheduled consideration of final action on Highway 74 on their February calendar, and Highway 111 will be on the March calendar. Responding to question, he said it would not be necessary to have any City representation at those meetings, as the agreements have already been made and were up for final approval. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 B. CITY ATTORNEY None C. CITY CLERK 1. Reminder of Joint City Council/Redevelopment Agency Board Study Session Thursday, February 14, 2008, at 2:00 p.m. to Discuss Presidents' Plaza Parking Structure Feasibility Study. , Mrs. Klassen called attention to the aforementioned reminder of the Study Session prior to the next regular City Council Meeting. 2. Committee/Commission Applicant Interviews Mrs. Klassen said that after working with City Council's secretary, the morning of Thursday, February 7, was identified as available for conducting applicant interviews for vacant positions. She said if Councilmembers haven't done so already or have any additional choices for interviews, they were asked to provide those names to the City Clerk's Office as soon as possible. D. PUBLIC SAFETY o Fire Department Please see the announcement of new Battalion Chief Steve Brooker provided at this meeting under Item VIII - Oral Communications. o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 o City Council Committee Reports: 1. Parks & Recreation Commission — Mayor Pro Tem Spiegel reported the following: a) Palm Desert International Sports Festival (formerly known as the Palm Desert Senior Games) will commence on Thursday, February 7, where participants had to be at least 50 years of age. There would be swimming, volleyball, tennis, lawn bowling, etc. A dinner would be held on Saturday, February 9, 6:00 p.m. at Desert Willow where Don Sutton will be honored this year to become a member of the City's Legends Field Baseball Hall of Fame nearthe diamonds where Little League is played. He said there were approximately 1,000 people signed up already, most of whom come from outside the Coachella Valley. b) United States Air Force Band of the Golden West will appear in Civic Center Park on Sunday, February 17, at 3:00 p.m. Everyone was encouraged to come out and enjoy the concert. c) Coachella Valley Recreation & Park District had been working with the Phoenix Suns Basketball Team and the Indian Wells Tennis Gardens, and it looked as though things were coming together for the first outdoor basketball game there on October 10. Their opponent was unknown at this time. d) Animal Samaritans will be conducting a fund-raising walk in Civic Center Park on April 5, and there will be low-cost pet vaccinations and microchip-ing available for anyone interested. o City Council Comments: 1. AB81 1 - Energy Efficiency— Councilman Ferguson reported on the subject Palm Desert legislation being considered in the State Capitol currently. He said the Bill was heard last Wednesday in the Assembly Local Government Policy Committee, where it passed unanimously. This morning it went to the Appropriations Committee and passed 11-2-1, with two voting no and one abstention. The good news for the City was that the Bill goes to the floor of the full Assembly next Monday and needs to be voted out by the end of the week. He said Palm Desert needs to pick up two more Republican votes 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 for it to pass as a two-thirds urgency measure, which means that it would take effect and become law when the Governor signs it in March or April 2008, and the City could fund this year's upcoming program. In talking with the City's Legislative Analyst today, Anthony Gonsalves, he is confident that the City can pick up an additional Republican, local Assemblywoman Bonnie Garcia, who has indicated she would be a principal co- author of the Bill. Therefore, Palm Desert was in very good shape to have this government -assisted financing of home energy efficiency improvements in place by the end of this spring and ready for the coming summer. He said the Bill will be over in the Senate Policy and Appropriations Committees in February, hopefully getting out of that Chamber by the end of February. Councilmembers congratulated and thanked Councilman Ferguson for all his efforts to this end. 2. "Set To Save" — Mayor Benson said she attended a luncheon yesterday at the Desert Springs Marriott hosted by the City for its business community regarding the Energy Program. She said the College had already done a lot but had not yet reported all of their energy measures, which would be rectified. Westfield left the luncheon committed to calling their corporate headquarters immediately to see what else they could accomplish and were very supportive of the program. Desert Springs Marriott was still working very hard with their engineer to see if they can get solar. She said it was very inspiring to see how much the community was already doing, and some obtained new information about what they could report for rebates on measures already implemented. Businesses were heartily encouraged to help the City spend its $14 million, and she felt some good cooperation was achieved. She thanked Mrs. Gilligan for coordinating the successful luncheon. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2008 XIX. ADJOURNMENT Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Kelly ABSENT, Mayor Benson adjourned the meeting at 4:39 p.m. ATTEST: HLLE D. KLASS, CITY CLERAS CITY OF PALM DESERT, CALIFORNIA E /a/vt 1211-' i/W101Jit M. BENSOX, MAYOR 18