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Home My WebLink About2008-06-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 12, 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 3:00 p.m. II. ROLL CALL Present: Councilman Jim Ferguson Councilmember Cindy Finerty Councilman Richard S. Kelly Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson 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 Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Doug Van Gelder, Director of Information Systems Steve Brooker, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire 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 JUNE 12, 2008 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite 118, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Act for MS Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite 201, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Virginia Waring International Piano Competition Under Negotiation: x Price x Terms of Payment NOTE: THE FOLLOWING CLOSED SESSION SECTION AND TWO ITEMS OF EXISTING LITIGATION WERE LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. 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 b) City of Palm Desert v. County of Riverside (Lamar Advertising), Riverside County Superior Court, Case No. RIC485078 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 3:01 p.m. She reconvened the meeting at 4:01 p.m. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 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 - Councilman Richard S. Kelly VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS - B MR. BRETT ROMER, resident of the Silver Spur Ranch area, addressed the City Council because he understood there was going to be an item on today's agenda regarding formation of a Lighting & Landscaping District in their neighborhood, but it did not make the agenda. He encouraged City Council to readdress the matter. Their homeowners' association was a very old one; all that was left of it was maintenance of the median and circle, which was either City- or Water District - owned, leaving no other purpose for the homeowners' association to exist. He added that their association had been working with the City for two years on this matter in an attempt to resolve it, but City Council decided not to at the last meeting. He reiterated his encouragement for continued cooperation in the matter. MR. ROBERT BAKER said he also represented 233 homes of the Silver Spur Ranch. He offered that members of the Ranch were present today, concerned and disappointed that their request to become a Landscaping & Lighting District (LLD) has not been acknowledged by the City Council. For many years, their homeowners' association (HOA) has maintained the City -owned median and traffic circle on Silver Spur Trail based on an agreement from the 1960s. He explained that with passage of the Davis -Sterling Act, it has imposed an unworkable burden on their small HOA budget. They've lost membership on the board for many reasons, namely that people don't want to get involved anymore, particularly because of the new law. He recalled that on July 12, 2007, the City Council approved Silver Spur's request to fund landscaping of the medians and traffic circle on Silver Spur Trail by means of an LLD, and to authorize staff to initiate the balloting process. Since then, they had been meeting and working with City staff and MuniFinancial to complete the process; an Engineering Study had been completed that was paid for by the City, showing the advantages of converting to an LLD. He went on to say the City has also sent out an informational letter to all households explaining the study. However, Mr. Stendell had informed them that the issue would not be on the June 12 agenda with the last step needed to approve the balloting process; they were told that the City Council had concerns with some other 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 underfunded LLDs in Palm Desert. He said his organization wanted to assure the City that the homeowners of Silver Spur Ranch were a community with a lot of pride in their area. This was historically demonstrated by them in the past with improvement projects where they worked closely with the City to install curbs, gutters, and underground utilities, and agreed to have the necessary tax assessment added to their properties to fund the official ballot and to support new assessments and the conversion to an LLD. Additionally, the Engineering Study allows for an increase in their assessments to address the inflationary rises in basic costs. He referred to letters that have been presented and copies of petitions signed by many members of their area, helping to demonstrate their support for this plan. It was their hope that the City Council would consider their request by adding it to a future meeting agenda and approving their request to be included as a Palm Desert Landscaping & Lighting District. MS. NANCY SPEAR, Silver Spur Ranch, stated that she managed homeowners' associations for a living and knew how efficient/inefficient they can be. She said when their membership was formally surveyed as to whether or not they wanted to request the City to take over their area, about 85% of the homeowners voted yes, based on the cost being approximately $200/year; the Engineering Study factored in about $85/year. With the lack of volunteerism to continue running the association, they would have to hire a management company that would cost $300/year, when only approximately one-third of the $100/year that they're paying now actually goes to pay for the landscaping and lighting expenses. Therefore, considering how minor the landscaping and lighting expenses are and how expensive it would be to have a management company oversee them, in addition to meeting all of the State requirements as a legal corporate entity (i.e., filing tax returns, etc.), the efficiencies are non-existent for the association. She implored the City Council to consider including their association with the Landscaping & Lighting District, and they were also offering any monies that they have in their bank account to carry them through at least the first year. She said there was more than enough to cover all the expenses for the first year, according to the Engineering Study; and it may have to, as she suspected they may have missed the Assessor's deadline for the first year, with the balloting and assessment process to be completed in the second year. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS PRESENTATION OF COLLEGE OF THE DESERT PRESIDENTIAL MEDALLION TO THE CITY OF PALM DESERT. Mayor Pro Tem Spiegel presented the Medallion to Mayor Benson today. He explained that College of the Desert President Jerry Patton presented the Medallion to the City at the College's Commencement Exercises on May 23, honoring the City for all its cooperation and generous support of College facilities, particularly the new Public Safety Academy under construction. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 Mayor Benson graciously accepted the Medallion, adding that it would be proudly displayed in the Administration Lobby. She concurred that the City enjoyed a very good relationship with College of the Desert (COD), noting that any program it instituted benefitted the whole Coachella Valley, making the City very proud. She said the City would send a note of thanks to COD President Patton. A. PRESENTATION TO RECOGNIZE AMANDA CAUDILL FOR HER SERVICE TO THE CITY OF PALM DESERT YOUTH COMMITTEE. Senior Management Analyst and Youth Committee Staff Liaison Pat Scully commented that both Ms. Caudill's contributions to the Committee and her personal accomplishments were many, and that as a graduating senior, she would be sorely missed. In fact, Ms. Caudill was the 44`h Congressional District's nominee to the United States Air Force Academy in Colorado Springs, Colorado. On behalf of the City Council, Councilman Kelly presented the engraved crystal clock to Ms. Caudill for her service and dedication to the Youth Committee. He related that upon learning of Amanda's interest in becoming a pilot and appointment to the Academy, he invited her to be his guest at an Old Bold Pilots Group monthly meeting earlier this year, and he looked forward to tracking her continued achievements. Mayor Benson commended Ms. Scully for her own dedication to and work with the Youth Committee. B. PRESENTATION OF SISTER CITIES FOUNDATION TO RECOGNIZE LOCAL FIREFIGHTERS INVOLVED WITH IMPROVING EMERGENCY, MEDICAL, AND LIFEGUARD PROGRAMS IN THE SISTER CITY OF IXTAPA-ZIHUATANEJO. Palm Desert Sister Cities Foundation Program Director Mark Talboys announced that today's presentation was about the City of Palm Desert and its Sister City of Ixtapa-Zihuatanejo and the three C's: Community, Collaboration, and Commitment that have made a significant international impact at a grassroots -community level —demonstrating the true value of having a Sister Cities relationship. He said initiation of the programs, including donation of trucks, ambulances, emergency equipment, and medical supplies, the Bombero Training Program, and lifeguard certification training program have resulted in some 300 Mexican firefighters being trained and 68 lifeguards being certified. Drownings there have been reduced from 15/yeardown to one. He said the City of Palm Desert received intemational acknowledgment of these efforts at the 50th Anniversary Sister Cities International Conference in Washington, DC, in 2006, as recipient of the "Best Humanitarian Program for U. S. Cities Under 100,000 Population." 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 Additionally, last year the Municipality of Ixtapa-Zihuatanejo received the prestigious "Blue Dolphin Award," an intemational certification for safe beaches. It received the award again this year and remains the only beach resort destination to receive this certification in Mexico and Central America. He referred City Councilmembers to the long list of individuals and public and private organizations in both countries that have collaborated on the two projects. Today select individuals were being recognized for their commitment and leadership that have been instrumental in shaping the success of these efforts, and everyone should be proud of their achievement. Riverside County Deputy Chief of East Operations Ignacio Otero said he and the firefighters present were honored to be in attendance and to be recognized today for everything the Committee, the Fire Department, and the City of Palm Desert have been able to accomplish with Ixtapa-Zihuatanejo (lx-Zi). He added that Dr. Noyola, representing the Ix-Zi community and Zihuatanejo Fire Department, was also present today and had just commented to him that they've noticed that not only did they now have better equipment and better trained firefighters, but there was also a significant decrease in the number of their firefighters injured or suffering from smoke inhalation on incidents, formerly 10-15/year. Because of the training they've received through the Palm Desert Sister Cities Program, no Ix-Zi firefighters were injured in the line of duty last year. He went on to say that they'd put together a DVD slide show of the activities to be displayed next that includes the lifeguard program, some history of the Sister City relationship, followed by the Bombero Program. Unfortunately, since the training team's last annual visit to Ix-Zi in February, two of their firefighters have died, and there was a tribute to them near the conclusion of the slide show. He said of particular note was the feature of the new Zihua Fire Department patch, which was just redesigned to match the new, redesigned Cal Fire logo patch and uniforms. After presentation of the DVD slide show, Mayor Benson remarked how pleased the City Council was to have this ceremony today, illustrating success of the programs being offered through the Sister City relationship with Ixtapa-Zihuatanejo. She said ever since the inaugural meeting with the Mayor and representatives of the City of Ixtapa-Zihuatanejo, Palm Desert was determined to make a positive impact, beginning with the first program of sending ambulances there, which their community was so grateful to receive. She went on to say the ambulances were followed by Deputy Chief Otero's Bombero Program that was destined for success with his leadership; the City was proud to say all of this was what it did in Sister Cities and looked forward to continuing to enlarge the aforementioned programs with Ixtapa- Zihuatanejo and to work with them on others. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 Assisted by Sister Cities Foundation Member Rose Mary Ortega, Mayor Benson presented engraved plaques and certificates of recognition to the following individuals for their participation and contributions to the Bombero Training Program in Ixtapa-Zihuatanejo: Robert Rubalcava, David Avila, Jorge Rodriguez, Randy Diaz, Fernando Herrera, Joel Vela, Romeo Mata, Jerry Salmeron, Noe Lerma, Jose Rodriguez, and Richard Tovar. For the Lifeguard Training Program, the following individuals, who belong to the U. S. Lifesaving Association and in attendance from Huntington Beach, were presented with engraved plaques: Gus Avila and Pedro Jiron. In recognition of their leadership and support of the firefighter training programs, engraved plaques were presented to Riverside County Fire Chief John Hawkins, who was unable to be present, and to Deputy Fire Chief Ignacio Otero. In the lifeguard training program, Palm Desert resident Bob Burnside, who as not present, was recognized for bringing the proposal forward to the Sister City Program three years ago, as was Carlos Ochoa for leading the effort. Additionally an engraved plaque for Zihua Fire Chief Jaime Vasquez, who could not be present, was presented to Dr. Noyola. On behalf of Ixtapa-Zihuatanejo, Dr. Noyola presented a special dyed cloth wall hanging to Mayor Benson in appreciation to the City of Palm Desert. Mayor Benson additionally recognized Firefighter Mata, who she reported was responsible for completely restoring the City's vintage 1947 fire engine that appears each year in the Annual Golf Cart Parade. Councilmembers expressed great pride in the Sister Cities Program and the exemplary work being done. C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE - MAY 2008. On behalf of the City Council, Mayor Benson and Mr. Ortega honored the following employees for their service above and beyond the call of duty: Claudia Jaime, Karen Siebuhr, Richard Twedt, Deborah Schwartz, and Debbie Thompson. D. APPOINTMENTS TO THE PALM DESERT YOUTH COMMITTEE. Mayor Pro Tem Spiegel moved to, by Minute Motion, appoint Briana Nolan, Alison McCollister, and Alahna Dunbar to the Palm Desert Youth Committee to fill existing vacancies (term 12/31/08). Motion was seconded by Ferguson and carried by a 5-0 vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 E. APPOINTMENT OF DOUGLAS J. WALKER AS PALM DESERT TRUSTEE TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (CVMVCD). Councilman Kelly moved to, by Minute Motion, appoint Douglas J. Walker to the Coachella Valley Mosquito and Vector Control District for a four-year term, effective January 5, 2009. Motion was seconded by Ferguson and carried by a 5-0 vote. F. APPOINTMENT OF THE CITY'S PRIMARY REPRESENTATIVE AND ALTERNATE TO SERVE ON THE SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT ADVISORY COMMITTEE (MAC). Mayor Pro Tem Spiegel moved to, by Minute Motion, appoint Councilman Jim Ferguson as the City's primary representative to serve on the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee (MAC), effective December 16, 2008 - December 16, 2011. Motion was seconded by Kelly. Mayor Benson said she thought it was the City's custom to ask the person resigning if they would serve again, and in this case, Buford Crites was the City's representative for the past two years, and he had agreed to serve again. Mayor Benson moved to, by Minute Motion, appoint Buford Crites as the City's primary representative to serve on the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee (MAC), effective December 16, 2008 - December 16, 2011. Motion was seconded by Finerty. Mayor Pro Tem Spiegel stated most of the Desert cities had a councilmember representing their city, such as Paul Marchand from Cathedral City and Terry Henderson from the City of La Quinta, etc. He said it was preferable to keep it at the Council level. Mayor Benson responded it wasn't necessary for the representative to be a councilmember because it wasn't a City appointment, it was an appointment by the Secretary of Interior, and the City was just making a recommendation. Councilmember Finerty stated she thought Buford Crites was the best qualified person because he had the knowledge and had worked with the Santa Rosa/San Jacinto Monument for years. He was instrumental in Mary Bono's effort to get it to the monument status, and he was well known in Washington D.C. with regard to lobbying efforts to obtain funds for the monument. She believed Palm Desert residents would best be served with him continuing on. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 Mayor Benson called for the vote on the first motion, and it carried by a 3-2 vote with Finerty and Benson voting NO. Mayor Benson noted the second motion was null and void. Councilman Kelly moved to, by Minute Motion, appoint Councilmember Cindy Finerty as the City's alternate representative to serve on the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee. Motion was seconded by Spiegel. Councilmember Finerty stated she was not interested in serving as an alternate at this time. Councilman Ferguson moved to, by Minute Motion, allow the alternate representative position to the Monument Advisory Committee to remain vacant at this time. Motion was seconded by Spiegel and carried by a 5-0 vote. X. CONSENT CALENDAR A. MINUTES of the Special Meeting of May 22, 2008, and the Regular City Council Meeting of May 22, 2008. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 244, 254, 255, 259, and 260. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#622) by Carrie Crawford in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bella Vita, 74970 Country Club Drive, Suite L410, Palm Desert. Rec: Receive and file. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Citizens' Advisory Committee Meeting of March 17, 2008. 2. Landscape Beautification Committee of April 16, 2008. 3. Marketing Committee Meeting of April 22, 2008. 4. Parks & Recreation Commission Meetings of April 15, May 6, and May 20, 2008. 5. Public Safety Commission Meeting of April 9, 2008. Rec: Receive and file. F. REQUEST FOR AWARD OF CONTRACT for Installation of a Monitoring System for the Civic Center Solar System (Contract No. C27750). Rec: By Minute Motion: 1) Award subject contract to Real Goods Carson Solar, Murrieta, California, in the amount of $24,750; 2) set aside a 10% contingency; 3) authorize the Director of Finance to appropriate $27,225 from Fund 400; 4) authorize the Director of Finance to appropriate $27,225 from the General Fund and transfer the amount to Account No. 400-4511-422-3911. G. REQUEST FOR AWARD OF CONTRACT for Construction of the Mesa View Drive Curb Ramp Retrofit Project (C27370A, Project No. 638-08) Rec: By Minute Motion: 1) Award the subject contract to Contreras Construction Company, Indio, Califomia in the amount of $47,000; 2) approve a 10% contingency in the amount of $4,700; 3) authorize the Mayor to execute the contract — funds are available in Account No. 110-4311-433-3320. H. REQUEST FOR APPROVAL OF CONTRACT for Professional Services Related to Plan Check and Supplemental Engineering Support Services (Contract No. C27800). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 I. REQUEST FOR RATIFICATION of the City Manager's Authorization of Contract for Consulting Services Relating to the AB811 Palm Desert Energy Efficiency Loan Program (Contract No. C27760). Rec: By Minute Motion: 1) Ratify the City Manager's authorization to enter into the subject agreement with EcoMotion, Irvine, California, in the amount of $14,866.60; 2) authorize the Mayor to execute subject contract — funds are available in Account No. 110-4511-442-3090. J. REQUEST FOR EXTENSION of Contract for Shopping Cart Retrieval Services (Contract No. C24113). Rec: By Minute Motion, approve a one-year extension to the subject contract with California Shopping Cart Retrieval Corporation, Citrus Heights, California, at a rate of $4.50/per cart. Funds are available in the FY 2008/09 budget from Account No. 110-4260-422-3090. K. REQUEST FOR APPROVAL of Purchase of Compressed Natural Gas (CNG) Fuel for Fiscal Year 2008/09. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. L. REQUEST FOR APPROVAL of Public Works Maintenance Services Division List of Various Miscellaneous Goods and Services Vendors and an Exception to Bidding Requirement for Fiscal Year 2008/09. Rec: By Minute Motion, approve the subject vendor list as submitted and grant exception to bidding requirements, as provided for in Section 3.32.090 of the Palm Desert Municipal Code for purchases and/or services valued at less than $25,000, all for FY 2008/09. M. REQUEST FOR APPROVAL of Original Equipment Manufacturer (OEM) Services and an Exception to Bidding Requirements for Fiscal Year2008/09. Rec: By Minute Motion, approve the subject vendor list as submitted for vehicle repair, maintenance, and parts that are not available from aftermarket sources, and grant exception to bidding requirements, as provided for in Section 3.32.090 of the Palm Desert Municipal Code for purchases and/or services valued at less than $25,000, all for FY 2008/09. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 N. REQUEST FOR APPROVAL of Public Works Traffic Signal Maintenance Division List of Original Equipment Manufacturer (OEM) Services and an Exception to Bidding Requirement for Fiscal Year 2008/09. Rec: By Minute Motion, approve the subject vendor list, as submitted for equipment, repair, maintenance, and/or parts that are not available from aftermarket sources, and grant exception to bidding requirements, as provided for in Section 3.32.090 of the Palm Desert Municipal Code for purchases and/or services valued at less than $25,000, all for FY 2008/09. O. REQUEST FOR APPROVAL of Public Works Traffic Signal Maintenance Division List of Various Traffic Vendors and Qualified Services and an Exception to Bidding Requirement for Fiscal Year 2008/09. Rec: By Minute Motion, approve the subject vendor list, as submitted and grant exception to bidding requirements, as provided for in Section 3.32.090 of the Palm Desert Municipal Code for purchases and/or services valued at less than $25,000, all for FY 2008/09. P. REQUEST FOR APPROVAL of Public Works Landscape Services Division List of Various Landscape and Irrigation Vendors and Qualified Services and Exception to the Bidding Requirement for Fiscal Year 2008/09. Rec: By Minute Motion, approve the subject vendor list, as submitted and grant exception to bidding requirements, as provided for in Section 3.32.090 of the Palm Desert Municipal Code for purchases and/or services valued at less than $25,000, all for FY 2008/09. Q. REQUEST FOR APPROVAL of Training & Development at College of the Desert for Customize Business Writing Training Workshop for City Staff (Contract No. C27770). Rec: By Minute Motion: 1) Approve the subject agreement with College of the Desert, Palm Desert, Califomia, to provide customized Business Writing workshops to City staff on July 16, 2008, and July 18, 2008, in the amount of $4,800; 2) authorize the Mayor to sign subject contract — funds are available in Account No. 110-4154-415-3121. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 R. REQUEST FOR APPROVAL of Refund of Building Permit Fees for 74-755 Del Coronado, Palm Desert (Michele Sordal, Applicant). Rec: By Minute Motion, approve refund of Building Permit Fees in the amount of $2,619.70 for Building Permit No. 05-00035851 for project located at 74-755 Del Coronado, in accordance with Title 15.24.160 of the Palm Desert Municipal Code. Funds are available in Account N o . 110-0000-322-1100. S. REQUEST FOR APPROVAL of Refund of Plan Check Fee for 49-967 Canyon View, Palm Desert (Steve Corner, Applicant). Rec: By Minute Motion, approve refund of Plan Check Fee in the amount of $2,934.46 for Building Permit No. 08-000441414 for project located at 49-967 Canyon View, Palm Desert, in accordance with Title 15.24.160 of the Palm Desert Municipal Code. Funds are available in Account No. 110-0000-322-1100. T REQUEST FOR APPROVAL of the Possession and Consumption of Alcohol in Connection with Receptions for Art Exhibitions to be held in the Palm Desert Community Gallery between August 2008 and June 2009. Rec: By Minute Motion, permit the possession and serving of alcohol in connection with the subject event to be held between August 2008 and June 2009. The tentative dates for these receptions are: August 4, 2008 (Faces of the Valley); October 6, 2008 (Trudy Kapner and R.K. Willis); December 15, 2008 (Current Plein Air Painters); February 9, 2009 (Dimitry Kirilov), and June 8, 2009 (Paula DeYoe and Nancy O'Donnell). U. REQUEST FOR APPROVAL of Agencies to Provide Temporary Staffing Services for fiscal year 2008/09. Rec: By Minute Motion, identify and approve the subject list to provide temporary staffing services to the City of Palm Desert on an as needed basis for the balance of FY 2008/09, in an amount not to exceed the amount budgeted in Account Nos. 110-4154-415-3036 and 110-4154-415-3003. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 V. REQUEST FOR APPROVAL to Renew Contract with the Law Firm of Liebert Cassidy Whitmore (LCW) (Contract No. C21524). Rec: By Minute Motion: 1) Approve renewal of subject contract with Liebert Cassidy Whitmore (LCW), Los Angeles, California, enabling the City to maintain its membership in the Coachella Valley Employment Relations Consortium; 2) authorize the City Manager to sign the proposed contract with LCW; 3) authorize payment of the annual membership fee in the amount of $3,770 before August 1, 2008 — funds are available in the 2008/2009 Account No. 110-4154-415-3121. W. REQUEST FOR CONSIDERATION to Approve Design Proposal "Feng Shui II," by Jon Seeman for the Ford Properties Office Building (The Ford Properties Company, Applicant). Rec: By Minute Motion: 1) Approve Jon Seeman's proposal of "Feng Shui II" as the public art component for the Ford Properties Building located at 73-141 Fred Waring Drive, Palm Desert, California; 2) appropriate $1,625 for future reimbursement as part of the Art in Public Places fee component from Account No. 436-0000-312-2700. X. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C26570 - 2007 Resurfacing Program (Project No. 752-07) (Granite Construction Company, Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Y REQUEST FOR AUTHORIZATION to Review the City's Conflict of Interest Code. Rec: By Minute Motion, authorize staff to make a formal review of the City's Conflict of Interest Code and, if necessary at the appropriate time thereafter, prepare a resolution to be adopted by the City Council to effect the required amendments. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 Z. REQUEST TO ADOPT the Mitigated Negative Declaration (MND) and Execute the Notice of Determination (NOD) for the Cook Street Drainage and Intersection Improvement Project (505-03). Rec: By Minute Motion, adopt the Mitigated Negative Declaration (MND) and authorize the Director of Public Works to execute and file the Notice of Determination (NOD) with the County Clerk and the Governor's Office of Planning and Research for the Cook Street Drainage and Intersection and Improvement Project 505-03. Councilman Ferguson requested Item K be removed for separate action under Section XI, Consent -Items Held Over. Mayor Pro Tem Spiegel requested Item H be removed for separate consideration. Upon motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER H. REQUEST FOR APPROVAL OF CONTRACT for Professional Services Related to Plan Check and Supplemental Engineering Support Services (Contract No. C27800). Mayor Pro Tem Spiegel noted this contract was for supplemental engineering support and wondered what had happened with the Westin Time Shares project, because it looked like construction had slowed down. Mr. Greenwood responded construction was slow, but the project was still progressing. Councilman Ferguson questioned if the contract was for on -call services because he didn't see the need. Mr. Greenwood responded Section 29 Assessment District took most of Mr. Gaugush's time, but he also worked on the Westin Time Share project. In addition, he worked on other projects the City needed help with but only up to the allotted amount approved. Further responding, he agreed to find out what Westin's plans were and why construction had slowed down. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve the subject contract with Joseph S. Gaugush, P.E., Palm Desert, California, in an amount not to exceed $40,000; 2) authorize the Mayor to execute same — funds are available in Account No. 110-4300-413-3010 from the 2007-2008 and 2008-2009 fiscal years. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 K. REQUEST FOR APPROVAL of Purchase of Compressed Natural Gas (CNG) Fuel for Fiscal Year 2008/09. Councilman Ferguson stated he understood the City used Compressed Natural Gas (CNG), which was a preferable altemative to oil -refined gasoline, and it was less expensive, but he thought it was misleading to call it "Clean Energy." Since the City used golf carts year-round, he and Councilman Kelly have continued to request electric vehicles, but their requests have gone unanswered. Two years ago, he and the City Manager took a 26-mile round-trip on an electric pick-up truck and wondered why they're never considered. He said future requests for CNG vehicles would need to accompanied with information on a comparable electrical vehicle, and also include the number of gallons of fuel the City used, so that an objective decision can be made. Mr. Greenwood responded an item would be on the next agenda for the purchase of two Neighborhood Electric Vehicles (NEV). He said the Honda CNG was the cleanest rated vehicle the EPA had, which was right behind an electric vehicle that had the cleanest internal combustion engine. Councilman Kelly clarified Clean Energy was the name of the Company the fuel would be purchased from if this item was approved. Mayor Pro Tem Spiegel questioned why the City paid Burrtec for fuel at $1.34 per gallon, and when it ran out of fuel, it purchased it from SunLine at $2.65 per gallon. Mr. Ortega stated the proposed contract would be the City's secondary resource. He said he spoke to the manager of SunLine, and they agreed to submit a quote for a better price, but they couldn't compete. Councilman Ferguson moved to, by Minute Motion, approve the purchase of CNG fuel, for fiscal year 2008/09, in an amount not to exceed $30,000 from Clean Energy, Seal Beach, California, as a primary source and SunLine Services Group, Thousand Palms, California, as an alternate source. Funds are available in Account No. 110-433-413-2170. Motion was seconded by Spiegel. Mr. Greenwood stated the vehicles being recommended for award of contract at the next City Council meeting will be available for a showing or test drive following the meeting. Further responding, he confirmed the vehicles were NEV's, but he wouldn't classify them as golf carts. He agreed the NEV's couldn't be used to pull a Toad of gravel, but they were useful for short trips, picking up parts, and running errands. Mrs. Klassen announced the motion carried by a 5-0 vote. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 XII. RESOLUTIONS A. RESOLUTION NO. 08-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING IT'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR FISCAL YEAR 2008/09 FOR THE PALM DESERT DRAINAGE BASIN MAINTENANCE AGREEMENT DISTRICT NO. 01, PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 AND APPOINTING A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS. Responding to question about the cost, Senior Management Analyst Ryan Stendell said the draft Engineer's Report was included in the staff report. In previous years, the City only collected a portion of the levy because the entire district was not complete, which he believed was 50%. He confirmed last year's fee was $205, and this year the full levy was approximately $411 per Equivalent Benefit Unit (EBU), which was outlined in the map on page 15 of the Engineer's Report. Councilman Ferguson moved to waive further reading and adopt Resolution No. 08-45, and set a public hearing for June 26, 2008. Motion was seconded by Spiegel and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1154A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.36 OF THE PALM DESERT MUNICIPAL CODE RELATING TO SMOKING. Councilman Ferguson moved to, by Minute Motion, continue this item to the meeting of June 26, 2008. Motion was seconded by Spiegel and carried by a 5-0 vote. For Adoption: A. ORDINANCE NO. 1154 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE TITLE 8 REGARDING REGULATION OF SECONDHAND SMOKE. Councilman Ferguson moved to, by Minute Motion, continue this item to the meeting of June 26, 2008. Motion was seconded by Spiegel and carried by a 5-0 vote. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 Councilman Ferguson stated for the record, the audience, and the Press, that the proposed Ordinance would regulate smoking in the City of Palm Desert, and it wasn't a modest change by any means. He asked the City Manager to post the proposed Ordinance on the City's website so that all City businesses, hotels, and motels could review. Effectively, the City would propose a smoke -free Palm Desert, and if anyone wished to express their opinion, they had two weeks to do so by contacting the Council by mail, e-mail, or phone call. He said the proposed Ordinance will be on the June 26, 2008, City Council agenda. B. ORDINANCE NO. 1156 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENTS AS THEY RELATE TO THE EXPANSION OF SAKS 5TH AVENUE AT THE EXISTING GARDENS ON EL PASEO AND THE EL PASEO VILLAGE REMODEL - SUBJECT PROPERTIES ARE LOCATED 73-425 THROUGH 73-545 EL PASEO (APNs 627-252-004/005 and 627-261-006) Case Nos. DA 07-03 & DA 07-04 as they relate to case PP 07-10 & CUP 07-18 (Davis Street Land Company, Applicant). Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1156. Motion was seconded by Spiegel and carried by a 4-1 vote, with Finerty voting NO. XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR RE -NATURALIZATION OF THE EXISTING SHIRLEY ROAD (CONTRACT NO. C27780). Mr. Stendell stated that due to funds collected through the development of the Canyons at Bighorn, staff had the opportunity to conduct tests on a few different products to help re -naturalize Shirley Road, which was at the south end of town that connected to the Randall Henderson Hiking Trail. Staff came up with a way to use a permeon-type product to stain the dirt and make it look fairly natural without having to completely re -grade it, which would be very costly. Staff believed this was an economical solution to providing re -naturalization to Shirley Road; a portion of the funds will come from the trust deposit of the Canyons at Bighorn, and the other from 2007/2008 fiscal year's budget. Mayor Pro Tem Spiegel, moved to, by Minute Motion, award the subject contract to Natina Desert Vamish Solutions, Coachella, California, in the amount of $57,024 for the re -naturalization of the existing Shirley Road, and authorize the Mayor to execute the contract — funds are available in Account Nos. 610-0000-228-4600 and 233-4636-454- 4001. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 B. REQUEST FOR AWARD CONTRACT TO RE -ROOF JONI YARD WAREHOUSE (CONTRACT NO. C27790). Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Declare the bid from Commercial and Industrial Roofing Company Inc., Spring Valley, California, as non- responsive; 2) award the subject contract to Coast Roof Company, Inc., Fullerton, California, in the amount of $78,705; 3) authorize the Mayorto execute the subject contract — funds are available in Account No. 400-4164-415-4001. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Ferguson ABSTAINING. C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE IMPROVEMENTS ON FRED WARING DRIVE MEDIANS PHASE II - CALIFORNIA AVENUE TO WASHINGTON STREET (CONTRACT NO. C23830B, PROJECT NO. 955-08). Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Award the subject contract to Sierra Landscape Company, Palm Desert, Califomia, in the amount of $299,982; 2) approve a 10% contingency of $29,998.20; 3) authorize the Mayorto execute the contract - funds are available 400-4614-433-4001. Motion was seconded by Finerty and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF EXTENSION OF CONTRACT FOR THREE PROFESSIONAL SERVICE AGREEMENTS FOR BUILDING PLAN REVIEW SERVICES FOR FISCAL YEAR 2008/09 Mr. Ortega noted approval of the subject professional service contracts were needed, but it didn't mean the vendors would be employed for the amount requested. Further responding, he confirmed approval would authorized staff to use the vendors listed, but only if needed. Councilman Kelly moved to, by Minute Motion, approve extending the three professional service agreements: 1) Contract No. C266021A with EsGil Corporation, San Diego, California; 2) Contract No. C26621B with Scott Fazekas & Associates, Irvine, California; 3) C26621 C with Bureau Veritas North America, Inc., Pleasanton, Califomia, all for building plan review services and not exceeding a total of $160,000 — funds are available in the FY 2008/09 Budget, Account No. 110-4420-422-3010. Motion was seconded by Spiegel and carried by a 4-0-1 vote, with Ferguson ABSTAINING. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 E. REQUEST FOR APPROVAL OF EXTENSION TO CONTRACT NO. C26551 FOR LANDSCAPE MAINTENANCE AREA NO. 6. Councilman Kelly moved to, by Minute Motion: 1) Approve a one-year extension to subject contract with Hort Tech, Inc., Palm Desert, California, for maintenance services of Landscape Maintenance Area No. 6; 2) approve a 3% cost of living increase, bringing the contract total to $157,796. Funds are available in Account No. 241-4195-495-3320. Motion was seconded by Ferguson and carried by a 5-0 vote. F. REQUEST FORAPPROVAL OF EXTENSION TO CONTRACT NO. C26561 FOR LANDSCAPE MAINTENANCE AREA NO. 9. Councilman Kelly moved to, by Minute Motion: 1) Approve a one-year extension to subject contract with Hort Tech, Inc., Palm Desert, California, for maintenance services of Landscape Maintenance Area No. 9; 2) approve a 3% cost of living increase, bringing the contract total to $245,037. Funds are available in Account No. 110-4614-453-3370. Motion was seconded by Ferguson and carried by a 5-0 vote. G. REQUEST FORAPPROVAL OF EXTENSION TO CONTRACT NO. C22564 FOR RESIDENTIAL AND COMMERCIAL STREET SWEEPING SERVICES. Councilman Kelly moved to, by Minute Motion: 1) Approve a one-year extension to subject contract with CleanStreet, Gardena, Califomia, for residential and commercial street sweeping services at the rate of $29.16 per curb mile for a total of $169,979.48; 2) approve a 10% contingency of $16,997.95; 3) authorize the Mayor to execute the agreement — funds are available in FY Budget 2008/09 Account No. 110-4310-433-3320. Motion was seconded by Spiegel and carried by a 5-0 vote. H. REQUEST FOR APPROVAL OF FUNDS FOR ANNUAL COMPUTER SOFTWARE MAINTENANCE. Mayor Pro Tem Spiegel moved to, by Minute Motion, approve payment of invoice from Sungard Public Sector in the amount of $61,623.94 for annual computer software maintenance - funds are available in Account No. 110-4190-415-3360. Motion was seconded by Kelly and carried by a 5-0 vote. I. REQUEST FOR APPROVAL OF PURCHASE OF GAS AND DIESEL FUEL FROM SPECIFIED VENDORS FOR FISCAL YEAR 2008/09. Mayor Pro Tem Spiegel moved to, by Minute Motion, approve funds for the purchase of gas and diesel fuel from SoCo Group, Inc., Kenny Strickland, Inc., and Lee Escher Oil Co., Inc, for City vehicles and equipment for FY 2008-2009, in an amount not to exceed $125,000. Funds are available in the Automotive Gas Account No. 110-4331- 413-2170. Motion was seconded by Kelly and carried by a 5-0 vote. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 J. REQUEST FOR AUTHORIZATION TO EXPEND CAL COPS SUPPLEMENTAL LAW ENFORCEMENT FUNDS (SLEF). Councilmember Finerty moved to, by Minute Motion, authorize Palm Desert Police Department to purchase a new LIDAR Prolaser III hand held radar unit and a set of replacement batteries for existing units; the cost is approximately $4,751.36; 2) authorize Kustom Signals, Lenexa, Kansas, as the sole source vendor of subject products — funds are available in Account No. 229-4210-422-3914. Motion was seconded by Spiegel and carried by a 5-0 vote. K. REQUEST FOR AUTHORIZATION TO PURCHASE NINE ELECTRONIC CITATION SYSTEMS, ANCILLARY EQUIPMENT, SOFTWARE, WARRANTIES, AND LICENSING. Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize Palm Desert Police Department to purchase nine Electronic Citation Systems, ancillary equipment, software, warranties, and licensing from Crossroads Systems, Brea, California, in the amount of $68,584.16 — funds are available in Account No. 110-4210-422-4045. Motion was seconded by Finerty and carried by a 5-0 vote. L. REQUEST FOR AUTHORIZATION OF A CONTRIBUTION OF FUNDS TO COACHELLA VALLEY WATER DISTRICT (CVWD) FOR EXTRA PAVING ASSOCIATED WITH IMPROVEMENT DISTRICT NO. 53 TRUNK SEWER PROJECT. Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize a contribution of $60,000 to CVWD for extra paving associated with Improvement District No. 53 Trunk Sewer Project — funds are available in the Street Resurfacing Account No. 110-4311-433- 3320. Motion was seconded by Kelly and carried by a 4-1 vote, with Ferguson voting NO. M. REQUEST FOR APPROVAL OF SUPPLEMENTAL GENERAL FLEET REPAIRS FOR FISCAL YEAR 2008/09. Mayor Pro Tem Spiegel moved to, by Minute Motion, approve the use of Hovley Tire, Palm Desert, California, for those general fleet repair services that cannot be accomplished by the City's Mechanic for FY 2008-09, in an amount not to exceed $100,000 —funds are available in Account No. 100-4331-413-3340. Motion was seconded by Kelly and carried by a 5-0 vote. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 N. REQUEST FOR DIRECTION TO A REQUEST BY THE CITY OF RANCHO MIRAGE TO INSTALL A TRAFFIC SIGNAL ON MONTEREY AVENUE NORTH OF 35TH AVENUE. Mayor Pro Tem Spiegel stated there were enough traffic signals on Monterey Avenue and thought the City of Rancho Mirage could align with an existing Palm Desert traffic signal instead of installing another one; there were currently five traffic signals in a one -mile stretch. Councilman Ferguson asked the City Attorney what binding authority a former or present Public Works engineer had, because it seemed there was an implication the City was legally obligated to approve the installation of the subject traffic signal based on an agreement reached with the City of Rancho Mirage by a former Palm Desert City Engineer. He said he was completely unaware of such agreement, and he and Councilman Kelly had served on the Palm Desert/Rancho Mirage Monterey Corridor Committee for ten years. Mr. Erwin responded the engineers did not and do not have authority to bind the City, and the subject request would require City Council approval. Councilman Ferguson inquired about Rancho Mirage's previous commitment to equally share in the cost of preparing a full environmental impact report on the Monterey widening between Country Club Drive and Highway 111. Mr. Greenwood replied the City of Rancho Mirage had performed noise studies and were in the process of finalizing the traffic study, so the project was moving ahead slowly. On the other hand, the City of Rancho Mirage was actively pursuing the widening of Monterey Avenue, north of Country Club Drive, which will be six lanes within the next year. Councilman Ferguson recalled three years ago, the City of Rancho Mirage asked Palm Desert for permission to install an emergency tripping switch for a secondary exit from Rancho Las Palmas. He wondered if that request was ever accommodated. Mr. Greenwood responded that it was, but he didn't think it was ever installed. it was his opinion the current request for the installation of the traffic signal was troublesome because the traffic study indicated there wouldn't be a negative impact, but City staff wasn't convinced. He said approximately 40,000 vehicles traveled on those lanes where there was five or six traffic signals within a one -mile stretch. Mayor Benson asked if the City of Rancho Mirage had access to the common property along Monterey Avenue from35th Avenue in Palm Desert. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 Mr. Greenwood responded he wasn't sure how the property ownerships lined up on Rancho Mirage's side, but he knew the project didn't have access to the Home Depot Center. Mayor Benson said she was referring to the access from the Peter Sullivan Homes to the Home Depot Center, where in the middle of that was 35th Avenue. Mayor Pro Tem Spiegel stated Rancho Mirage had an entrance to PETCO and questioned why they couldn't just go across the street. Mr. Greenwood agreed, but he was not completely familiar with the details of their project. Mayor Pro Tem Spiegel moved to deny the City of Rancho Mirage's request. Motion was seconded by Finerty. Councilman Ferguson was concerned about responding with a flat-out rejection without meeting with them first. Mr. Greenwood stated the developer or the proponents of this project had pressed for this alternative, and City staff had not explored all alternatives to be able to say whether or not other options could be adequate. Councilman Ferguson stated it was apparent the Committee needed to meet again and address these issues. He was opposed to having three traffic signals within 11,000 feet, but he didn't want to send the wrong message to the City of Rancho Mirage. Mr. Greenwood added that Monterey Avenue was only one of two surface streets in the entire Valley that was on the County -wide Congestion Management Plan, and serious sanctions came with Monterey Avenue falling below the level of service standards. He believed traffic control on Monterey Avenue had to be taken seriously, which was why City staff was taking a conservative approach in their analysis. Councilman Kelly said he thought this matter was serious enough that Council couldn't just respond with a no. He suggested appointing two Palm Desert Councilmembers with staff to meet with two City of Rancho Mirage Councilmembers to try to reach an amicable conclusion. Councilman Ferguson said he and Councilman Kelly already served on the Palm Desert/Rancho Mirage Monterey Corridor Committee, which Councilmen Hobart and Seman from Rancho Mirage also served on. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 Mayor Pro Tem Spiegel stated he would vote against the request whether or not the Committee met, because there was already an existing traffic signal the City of Rancho Mirage could tie into. Councilmember Finerty concurred. She suggested Council have a no -vote on the item but still request a meeting with the City of Rancho Mirage to further explain and explore alternatives that could tie into existing Palm Desert signals. Councilman Kelly stated he too was opposed to another traffic signal, but he preferred meeting with them prior to making a decision, because he didn't want to start a war over Monterey Avenue. Councilman Ferguson stated he respected his colleagues' right to vote against the installation of the traffic signal, whom he supposed would vote the same as well. However, based on his experience with the committee, he didn't want to jeopardize any efforts when it came to the widening of Monterey Avenue between Country Club Drive and Highway 111, which Rancho Mirage had been reluctant to support. He said Rancho Mirage picked up half of the Environmental Impact Report (EIR) that he and Councilman Kelly worked hard to obtain four years ago. Mayor Benson stated she didn't see any harm in voting down the request. Councilmember Finerty noted there was already a motion and a second to reject Rancho Mirage's request to install a traffic signal on Monterey Avenue approximately 750 feet north of 35th Avenue. Ms. Klassen announced the motion carried by a 3-2 vote, with Ferguson and Kelly voting NO. Councilman Kelly noted he too was opposed to the installation of the traffic signal, but it was the process the Council was taking that he was against that his no -vote represented. Mr. Ortega asked if there was further direction to staff to set up a meeting. Mayor Benson stated when notifying the City of Rancho Mirage of the vote, that the letter include an invitation to meet for further explanation. Mayor Pro Tem Spiegel agreed to be one of the Councilmembers to meet with the City of Rancho Mirage. Councilmember Finerty agreed as well and stated there were numerous locations the City of Rancho Mirage could tie into that could work for all. She 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 said it would had been nice if Rancho Mirage had come forward and offered to meet with the Council prior to receiving their letter. Councilman Ferguson moved to, by Minute Motion appoint a subcommittee of Councilmember Finerty and Mayor Pro Tem Spiegel, along with staff, to discuss the alternatives to this request with the City of Rancho Mirage. Motion was seconded by Finerty and carried by a 5-0 vote. Mr. Greenwood agreed to set up the meeting. O. REQUEST TO ADOPT CITYWIDE STREET PAVEMENT PRESERVATION PROGRAM. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Receive and file the Pavement Preservation Program report; 2) adopt the recommendations contained in the subject report. Motion was seconded by Ferguson and carried by a 5-0 vote. P. INFORMATIONAL ITEM FOR VILLA PORTOFINO PHASE 2 PROJECT. Mr. Chen noted the staff report was for informational purposes and offered to answer questions. Responding to question about the current status, he said staff had reviewed the asphalt sewer plan, and the developer revised the pad elevation, which was substantially lower than the original approved plan. Further responding, he said there was currently no negotiations in process, and that staff was currently reviewing the proposed revised pad elevation from a technical standpoint. Councilmember Finerty requested the Council be given the supplemental information noted in the staff report about the numerous issues that must be addressed by the developer of Villa Portofino before a precise grading permit could be issued. Mr. Chen agreed to provide the information to Council. MS. GAIL CHRISTIANSEN, Calle Bisque at Villa Portofino, stated she had received a copy of the staff report with recommendations from the City's Director of Public Works and Engineer to accept Villa Portofino's revised grading plans, and she also had an opportunity to meet with City Engineer Bo Chen. She recited a sentence from the staff report that stated, "In order to minimize cost, the elevation of the existing sewer main in Via Del Pellegrino governs the phase 2 pad elevations." She said if the existing sewer was the determining factor, then it would appear as though the elevation shown in the mass grading plan was flawed, and if that was the case, how were they originally approved. She said Mr. Chen believed the additional elevations were reasonable, but she disagreed because that would 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 mean someone could look straight down into their homes. She asked about the setback of the patios, but Mr. Chen didn't know the answer at the time. In her conversation with Mr. Chen, she learned that Mr. La Melza had not been able to provide the City with proof of an easement to the retention basin, and as a result of that, Mr. La Melza would have to create a new retention basin. In light of that information, she questioned where the storm drains would be located because Kenny Dickerson had said it would be behind the cul-de-sac next to the block wall, which was why all the trees and scrubs were torn out. However, Mr. Chen seemed to think they would be located on Via Del Pellegrino's property. She questioned how the City could determine elevations and issue permits without having all the plans submitted. She said it appeared this matter was going from a bad to worse situation. She said staff was recommending the Planning Commission hold a public hearing on July 1 in regards to these matters, and she was mystified at the quick turnaround because many of the residents were away for the summer and they wouldn't be heard. In addition, Mr. La Melza was notified of several violations in the April 16`h letter relating to the retention basin and storm drain and was given the dates of April 25 and May 2 to make the corrections, but he's not complied. She said there was no way the grading would begin anytime soon and wondered what the rush was in approving the new elevations and issuing a permit; it was like putting the cart before the horse. She said Mr. Chen accepted an engineering solution that would minimize cost to Mr. La Melza, but she felt that in saving cost for him, the homeowners of Villa Portofino were in a position of great loss. She was confident other engineering solutions could be found that would not expose Villa Portofino to great losses. She thanked the Council for the opportunity to speak. Councilman Ferguson stated this matter had a torturous ten-year history, and in his opinion, the developer was very questionable. He said this issue went well beyond an engineering resolution, and he meant no disrespect to Mr. Chen, but at this point, this matter was rightfully in the lap of the City Council. He said all sides of this matter were heard by Council in the past several months, and he thought it was unfair to dump this ten-year history onto Mr. Chen's lap and expect him to apply an engineering solution to what he perceived to be a political problem. Mayor Pro Tem Spiegel moved to, by Minute Motion, receive and file informational report for Villa Portofino Phase 2 project of Tract 29498. Motion was seconded by Ferguson and carried by a 5-0 vote. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 Q. CONSIDERATION OF REQUEST TO DEFER THE COLLECTION OF TUMF FEES. Councilman Kelly stated it was absolutely essential the City not change the timing of the collection of fees. In the first place, the amount was minimal compared to the total amount paid, and it wouldn't hamper development. Secondly, if the timing was changed, the City would cause an administrative nightmare. He didn't want to have a situation where a new home owner was caught in the middle because the contractor/builder didn't pay the fees up -front. He believed the City had a well -thought-out procedure to collect fees when permits were given, and it shouldn't be changed. Councilman Ferguson stated the City was responsible for paying the fees to Coachella Valley Association of Govemments (CVAG) whether or not the developer paid the City, and changing the timing would place the City in a bind, which he thought was a bad precedence. He said developers knew what the fees were, and they were constant. Mayor Pro Tem Spiegel stated that based on information received from the City Manager, the fee was minimal and should not be waived. Councilman Kelly moved to, by Minute Motion, direct the City of Palm Desert not change its current process for the collection of Transportation Uniform Mitigation Fee (TUMF) at this time. Motion was seconded by Ferguson and carried by a 5-0 vote. XV. CONTINUED BUSINESS None 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 XVI. OLD BUSINESS A. REQUEST FOR CITY COUNCIL DIRECTION CONCERNING AN ORDINANCE FOR THE IDENTIFICATION, DESIGNATION, PROTECTION, AND ENHANCEMENT OF THE CITY'S CULTURAL RESOURCES. Rec: That the City Council provide direction regarding preparation of a Cultural Resources Ordinance for the City of Palm Desert. Following is a verbatim transcript of the subject item of business: Key JMB Jean M. Benson, Mayor CLO Carlos L. Ortega, City Manager RSK Richards S. Kelly, Councilman CF Cindy Finerty, Councilmember JF Jim Ferguson, Councilman GB Gail Broeker, Chairman of the Historic Preservation Committee RG Russell Grance, Director of Building & Safety RAS Robert S. Spiegel, Mayor Pro Tem RDK Rachelle D. Klassen, City Clerk JMB Old Business, "Request for the City Council direction conceming an Ordinance for the Identification, Designation, Protection, and Enhancement of the City's Cultural Resources." I have...is there a staff report on that? CLO Madam Mayor, you do have a staff report and staff has attempted to simplify things, although it's not easy in this case. (laughter) RSK I'm glad you simplified it. CLO Staff just has a difference of opinion, I guess with the Committee with regards to definitions and...who's, who's really the one that would determine what is...l guess considered for further review under the Ordinance, what buildings, so... CF If I might, I was one of the Councilmembers that was appointed to go to the meeting and try to find some amicable solution, and...1 came away, there are basically three issues...that we dealt with. The first one was, does the City Council still want the Certified Local Government that is noted in our General Plan? If the City Council wishes to do that, then the status needs to go from committee to commission because that's one of the rules. The second thing has to do with the property owner rights, and I know that this is an issue sensitive to the Council, and we spent a lot of time about —on this, and it has to do with a survey. Are you gonna' have a windshield survey or a certified survey? And then depending on the survey that you 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 have, there is further discussion about when does the property owner become involved? Because if they go ahead with the certified survey, and the property owner says I don't want to be on this list after the survey, it's too late, they're already on a federal list. The Committee did agree that they would go ahead with a windshield survey and see if they thought the property would qualify, and if it did, then they would go to the property owner and ask for permission to be on the list. If the property owner consented, fine, they could all work together; if not, then it would not go on the certified list. So I think that we were able to achieve...consensus on that, and that was a pretty big issue. I hope that that clarifies a couple of the issues. The last thing was...there was a list of the top ten historic preservation...buildings, and does the Council still want the Committee to move forward? Apparently direction had been given some time ago, and there was...concern as to whether or not the Committee was still to work towards that goal. JMB Questions or any other...Jim? JF Just some comments if that would be appropriate at this point. I think we really opened a pandora's box by asking for the formation of this Committee. I think the people that have served on it have been very well intended. Our City is only 35 years old, which is 13 years younger than me, and if that's historic preservation, I'm in trouble to say the least. You know, the first question that was proposed, you know, I wrote down the answer no. Do I want to certify local government? No, don't want anymore government. I've looked at the 196 parcels of property that the Committee originally identified as being potentially historic, which did nothing but throw all of our property owners into a dither. We had the whole fiasco with the Palm Desert Motor Lodge, and while I'm for preserving things that are of historic nature, I'm not sure that a full-blown commission, when we don't have a single State or Federally designated historical place in the entire City, is warranted at this time. And I just think the farther we go down the road, this road, the more trouble we're gonna' invite. JMB Okay, I do have one speaker Gail Broeker. GB Good evening ladies and gentlemen of the Council, my name is Gail Broeker, 39265 Manzanita Drive in Palm Desert Greens Country Club. I'm currently the Chairman of the Historic Preservation Commission, and before coming here tonight, I notice Paul Newman is suffering from cancer. It reminds me of a movie of his, Cool Hand Luke. There is a line in that, that Strother Martin delivered quite often, "What we have here is a failure to communicate." When I first came on the Committee January 2006, we had a joint study session, the Committee and the Council. Jim West did a wonderful PowerPoint presentation of the new, at that time, Art and Architectural book published by the City...was handed out, discussed. In that book, there are a number of architecturally and historically significant properties identified. We asked at that time, should we proceed? These were our top ten, they were 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 identified, photographed, everybody knows what they are. We get all these compliments about how good our Committee was doing, and yes proceed, and the progress was great, and we thought we were doing a good job. I thought, well this Committee isn't so bad after all. In April or March of '07 we did a bus tour for the Council; I believe Councilman Spiegel and Kelly were on the bus tour with us. We actually visited most of the properties that we were considering. Good job, okay, everything fine. We had a...design for the historic plaque that would go on the designated properties; that was to be presented to the Council. Mr. Pitcher —Pitchford who designed the thing was waiting fora prototype,...Building and Safety staff said, "You don't need a prototype, that is staff responsibility to do the pricing, just submit the drawings." Well that was July of 2007, and eight of the last eleven meetings had been canceled. We had no opportunity to work further on the Ordinance, to work further on the historic properties, and as far as the City only being 35 years old, there are properties, buildings here long before the City became a City. The country club I live in was here long before the City was a City. There are buildings, one in particular, devin—designed by RNW Schindler, architect, that's on the list of properties that I gave Cindy Finerty at our subcommittee meeting, is designa—not designated, is identified as National Registered Eligible. Now under CEQA that has to be...acknowledged, has to be dealt with if you have anything within a given number of feet of that house. No, it's not on the National Register, the only thing on the National Register at this point in time is Indian Wells, and that's not even in Palm Desert; that needs to be corrected, it hasn't been. You didn't have a committee for 20 years after you put down the...Ordinance, and the Ordinance Jim —Dick Kelly told me was a good Ordinance. He said, "We stole it word for word from Palm Springs, well except for one word." RSK Did I say that? GB You said that. We had a piece of cheese in our hand. RSK Which Ordinance did we do that with? GB The Historic Preservation Ordinance No. 401, Title 29, which is what we're speaking of. You said, "We stole it from Palm Springs word for word, well except for one word." And you must be a good fisherman because you threw out that line and I bit. I said, "What one word?" And you said, "Well Springs, we're Palm Desert." Gotcha! And I remember that. If it was a good Ordinance then, what are the problems with the Ordinance? Why have we wasted 20 months rewriting an Ordinance? What is wrong with the Ordinance? Can we sit down and reason together and get this thing straighten out? Now if you want to, you know abolish the whole Committee, that's fine. I gave Cindy a list of properties that are on the State Inventory. This goes back to 1981. They are gonna' stay on the State Inventory because there is no way for anybody to take them off. We have to determine their eligibility for National or State Register or whatever, and if they are not eligible, then they can be dismissed or just sit there, but you gotta do something with them, and this is since 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 1981; these properties have been nominated, and they're sitting there waiting for an answer. Now as far as our top ten, back in January, no it was February 2006 you said to proceed with, those are the top ten on our list that was in the book from 2006 Joint Study Session, listed as potential historic sites. Now most of these okay...the first one on there was built in 1937, that's certainly over the 50 years and does...qualify. The Randall Hes—Henderson Apartments, the Desert Magazine Building, those were here before it was a City; those were founding buildings for the City, they were associated with the founding fathers of the City. Also...the Hopalong Cassidy House, it's also been mentioned. We already dedicated a trail to him, but his house is not significant? He was one of the founding fathers, he was part of the Pa —Palm Desert Corporation that started the City, so we do have history here. And let see, it was 2004 we received an e-mail from the State Historic Preservation Office, which is one of the items that I gave to Cindy that she xeroxed. It's a list of properties, still, had been nominated, still waiting determination. She said, "Yes you do have historic properties in Palm Desert, and when the mid-century modern architecture comes of age, you will have a lot more." Well yes, they have come of age; there are banks built in this City that are 50 years old, okay 49 1/2 years old. There are a number of properties that would qualify, but we need time, we need meetings to do this. We have to do the background checks. We don't want another Palm Desert Lodge either. That was sprung on us, that was not our idea, that was the people from Walgreens, I believe, who said "Oh isn't this historic?" And we got dragged into it. That was 165 on our list; that was nowhere near our top ten. So until the City does a survey, which was in the General Plan and identifies what properties, what cultural resources you have here, how can you deal with them through CEQA? How can you do a project next door to something that may be National Registered Qualified? You have —the history and historic was determined by the Supreme Court in 1978 as environment and must be addressed in environmental assessments impacts surveys. In your General Plan, you say do a survey, it hasn't been done, that was suppose to be 2002. Do you want to be part of the Certified Local Government Plan? No, I don't know, two other cities in this Valley are. Maddy's Act? Do you want to give tax relief to people with historic homes? God knows they need it now. For those things you have to have a commission or a board. Board is fine, that's what the current Ordinance says "Board," but you have to give the authority of a Board; we have to make recommendations. You have the final say in anything normally, although for certain historic properties you can be overwritten. Now if you don't have a local historic commission, what happens is any Boy Scout who wants to get his historic preservation or environment —environmental protection badge, can go out there, fill out all the paperwork for National Register, it goes to SHPO (State Historic Preservation Offices) because National Registered properties is under a Federal Act. It's the Federal...okay, National Historic Preservation Act 1966 that was amended 1980. A Federal Act for the preservation and protection of historical properties administered severally by the States. So each State Historic Preservation office administers the Federal Law for that State. So Boy Scout fills out the paperwork, sends it to SHPO in Sacramento, they say, "Oh, this isn't 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 Federal, maybe it's State? Nah, it's not State." They drop it down to the County, County says, "Well that's in the City of Palm Desert," meanwhile that puts it on the list. When you say lists, there's lots of list that puts it on the State Inventory, the same as that list of 25 that I gave Cindy. There is a diddly-do that you can do about it. The Historic Commission serves as a filter; it comes to us, goes up, if it's a National Register Eligible if somebody wants to nominate their property, or it can come down to us because it's been nominated for something higher and doesn't qualify for National or State, and it comes down to us. Now in our meeting, and thank you Cindy for attending, there was one item on the agenda that is not in either form of the Ordinance, and that was "Only owners can nominate property to Historic Register." That blew my mind because Federal Law says, "anybody, anytime, any property," State Law, "anybody, anytime, any place, can nominate any property," and you want a City Ordinance to contradict Federal and State Law? JF Ma'am 1 have, I appreciate the historic lesson, but your proving my point perfectly. This Council made most of the history that is Palm Desert; they were here long before it became a City, we know the buildings. The Hopalong Cassidy house came to us as a Council, we've been doing fine with CEQA, and to me the Commission, I've tried to bend over backward and be respectful of volunteers. I was the —at that meeting in 2006 when you first came on board. I've been involved with the City and its efforts to preserve historical artifacts and houses since I came on the Planning Commission in 1995. So 1 think I also have viewed things with the same lens that you do. I think...we don't have a failure to communicate, I just think we have a fundamental difference in philosophy. I don't believe in big govemment, I don't think government ought to arbitrarily go around and tag properties and say your historic. They come to your mobile coach and put a plaque on it that says it's historic and you can't change it, its impaired the value of your property. I take that very seriously, I don't find it laughable or even humorous that we would suggest that owners have a right to nominate their own property as historic if they choose to. To say that we wouldn't give them tax credits after we've impaired their property values, is kind of putting a band -aid on an open wound in my view. So my comments before you spoke, we're not ill-considered, or ill-timed, or without lack of great forethought with the Commission as it's currently constituted in mind. I agree with you that there is a discrepancy between what we say in our General Plan, or what we say in our ordinances, and what are practice has been, and what I'm simply suggestion -suggesting is that we reconcile the two. And to me, if you take last year as an example, that reconciliation votes towards eliminating the Commission in it's entirety at this point, and re-evaluating its need and proper role with the City Council. GB Okay, one comment. You said it impacts the property value. The study that...staff presented to us at that subcommittee shows that it actually increases value of property. Case in point, the J. Russell Salon building, he was trying to sell it for I think... 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 JF Mam, I don't think you're gonna' change my mind. Maybe you ought to address your comments to some of the rest of the Councilmembers. I didn't really mean to debate you, I'm just trying to explain to you my comments weren't flippant. GB Well I came here tonight actually to request another joint study session, so we can sit down and iron out the differences and come to some legal and lasting Ordinance, or dispels the whole thing and get it over with instead of dragging this out another..well see, we submitted our form of the Ordinance back in November '06. November of '06 and here it is June of '08, and we still haven't gotten anything done and meanwhile for 11 months the Committee has been sitting here waiting to get back to work. We can't do anything, we can't even make travel plans because we don't know if the meeting is gonna' be held on the 24th or not, and we are in violation with the cancellation of the June 24th meeting because the current in force Ordinance says you must meet every three months, so we're in violation. I don't think the DA is gonna' worry about that, as a Brown Act violation or anything, but I do wish that we could sit down together, go through the points. Where do we disagree and settle it instead of just stringing along. Thank you. JMB Thank you. RAS I have a question of staff. You put together a Committee that was not part of this group. Right? RG Right. RAS And was there an agreement between the group and this Committee that you put together? RG Not necessarily. When, when we sat down and met on the 12th ...we brought up three additional items that needed further direction from the Council. We didn't even talk about the six items on the agenda that were differences of opinion between the two ordinances that was brought before you at a prior meeting. RAS Did you talk about those three items with this group that you put together? RG Yes we did...and at the end of that meeting, it was directed by Councilmember Finerty to bring it back before the Council to get further direction, because there was still a little bit of a difference of opinion, and we needed further direction. CF I rationalized that if we couldn't...come to consensus on these three items, we didn't need to waste our time talking about the other items where there was a difference of opinion. RAS Do you agree that there should be a study session? 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 CF I don't think that it would hurt. I came away thinking that there was some...some common ground...I think the Council's concern over property rights, I believe was addressed. When the Committee said that okay we'll do a windshield survey and then they go to the property owner, and if the property owner says, no I don't want to be on a list, then the property owner is not impacted at all and they don't go any further. If a property owner wants to be on a list, then we have a committee in place to move the process forward. So if the primary concern was property rights, I believe that we have consensus. If we, you know, don't want the CLG designation, then we need to...say so in our General Plan, and...the Committee was fine with that as well. And then they just wanted direction on these...ten items that apparently had been given to them back in January/February of '06; the Council said to go forward with them. So I think that there has been an issue with communication...I feel another meeting to put it to bed one way or another...would be in order, and I'd be happy to continue working with them. I would like one other Councilmember...to attend with me if we go that direction. RAS I may be glad to volunteer if you'd like? CF That be great. Thank you. So with that...Iet's see what was the request here... JMB Direction. CF direction...that we would just ask staff to coordinate one final meeting... RAS And continue it. CF and continue it until we have that meeting, I don't know, and we'll get everyone together but...thank you for serving. JF So we're not gonna' abolish the Committee and then meet? Just... CF I, I didn't have any intention of abolishing the Committee. JF I was just trying to be consistent. JMB Continue the item until after the meeting. RAS That was a motion. RSK What, what? RAS To continue the item until after... CF Until after we've had a meeting. 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 RSK Re -state the motion. CF Okay, that we will...continue this item until after Mayor Pro Tem Spiegel and myself have had a chance to have one final meeting. RDK Motion carries unanimous vote. For purposes of clarification. the motion,was: Councilmember Finerty moved to, by Minute Motion, continue this item until the subcommittee of Councilmember Finerty and Mayor Pro Tem Spiegel can meet with Committee representatives and staff one final time to address concerns. Motion was seconded by Spiegel and carried by a 5-0 vote. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT AND APPROVAL TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN THE CONSOLIDATED PALM DESERT LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2008/09. Mr. Ortega stated this action was required in order for staff to send the levies to be placed on the tax rolls for the various assessment districts. Mr. Stendell stated that due to a one -day error in legal noticing, staff was recommending a continuance of this item to the meeting of June 26 for the final hearing. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. She encouraged anyone who might not be available to provide their testimony at the June 26th meeting, to come forward at this time. No testimony was offered, and the public hearing was left opened. Mayor Pro Tem Spiegel moved to, by Minute Motion, continue this matter until the meeting of June 26, 2008. Motion was seconded by Ferguson and carried by a 5-0 vote. 35 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 6. CONSIDERATION TO APPROVE A STREET NAME CHANGE FOR THE PORTION OF HIGHWAY 74 WITHIN THE PALM DESERT CITY LIMIT. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. MS. JOAN TINGLE, Highway 74, Palm Desert, stated she was against the proposed name change to Highway 74 because there was no legal reason to do so. She understood the City wanted to change the name because it had a rural connotation, which she thought was a frivolous reason; she had also heard it would cost $7,000 to change all the signs. Furthermore, the name change would cause a grave inconvenience to homeowners by having to change their legal, medical, business, and personal documents. She said Council needed to consider the confusion it would cause at the Post Office and in the delivery of their mail. She said many residents were seasonal, but they were still property owners who paid taxes. She thought it was unfair, if not unethical, to hold a public hearing when mail had not been forwarded to those seasonal homeowners to know about the hearing. She said Palm Desert had a reputation for fairness, but this name change was happening too quick, and it was unfair. MS. MARI SCHMIDT, 49-305 Indian Springs, Highway 74, Palm Desert, stated her legal notice indicated the public hearing would start at 6:00 p.m. and to keep in mind some residents hadn't arrived. She was in opposition to the name change, and stated she was very active in her community and had gathered many opinions regarding this matter. In addition, she recited a letter of opposition on behalf of Ms. Rosemary Legeay, who was a long-time resident of Indian Springs. She read two prepared statements, which were received for the record and were now on file with the City Clerk's office. She concluded by requesting that the Council drop this endeavor entirely. The following individuals spoke in opposition to the name change of Highway 74, and each shared various reasons for their opposition, such as, the inconvenience of having to change all their documents for identification, the cost involved, lack of compelling reason for the change, etc. They all encouraged the Council to reconsider. MR. JONO HILDNER, Highway 74, Palm Desert. MR. JAMES KIRWAN, Highway 74, Palm Desert. MS. MARGO LYNN IVERSON, Highway 74, Palm Desert. MS. VIRGINIA ROSS, Highway 74, Palm Desert. 36 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 With no further testimony offered, Mayor Benson declared the public hearing closed. Councilman Ferguson moved to, by Minute Motion, deny request for the name change of Highway 74. Motion was seconded by Spiegel. Councilmember Finerty thanked everyone for participating and taking the time to offer testimony or sending in an e-mail. She appreciated the participation in the process because this was how Government worked via a public hearing. Mayor Benson stated it was her suggestion to change Highway 74, and she stood by that decision because she thought it would be a vast improvement to have Monterey Avenue come off Interstatel0 for identification and direction. However, she was not so hard-nosed that she wouldn't reconsider. She agreed to leave the street name as Highway 74. Councilman Kelly stated if the Council had done their homework, which he was partly guilty, it could have avoided upsetting so many people. He hoped to do a better job in the future the next time he had to consider holding a public hearing. Mayor Benson called for the vote, and the motion carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK 1. Reminder to Adjourn this Meeting to a Joint City Council/Redevelopment Agency/Housing Authority Strategic Objectives Session — Thursday, June 19, 2008, 8:30 a.m., at the Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 115, Palm Desert. Mrs. Klassen reminded City Councilmembers about adjourning today's meeting to June 19 at 8:30 a.m. and that the location should be noted as it was different than printed on this agenda. The 37 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 Adjourned Meeting would be held at the Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 115. 2. Request to Discuss Summer Meeting Schedule for the Months of July and August 2008. The City Council discussed their availability for the summer months and agreed on which meetings to cancel. With City Council concurrence, staff was directed to observe the traditional schedule of holding the first meeting in July and the second meeting in August, and canceling the second meeting in July and the first meeting in August. D. PUBLIC SAFETY o Fire Department None o Police Department Lt. Taylor was pleased to report that on Monday this week the Department activated a Police Bulletin on the Palm Desert Police Department web page, in response to previous requests for this information. It was now posted for all members of the public to view. He said it would also include press releases that go out on a regular basis. Secondly, he recalled that Councilman Ferguson asked about incidents in the south end of Palm Desert. Therefore, he was also pleased to report that a subject involved in several burglaries was arrested today, and his arrest would be posted on the Bulletin web page tonight. In response to question, he said the suspect was from Thousand Palms, which confirmed his previous reports to City Council that 80%+ of the perpetrators of crime in the City were from outside Palm Desert. He explained that this meant the Department had to take a global approach to fighting crime as it did here. 38 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 2008 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: None o City Council Comments: Mayor Pro Tem Spiegel was very pleased to introduce his son and daughter in-law, Jeff and Joan Spiegel, who had just entered the Council Chamber to attend the remainder of the meeting. XIX. ADJOURNMENT With City Council concurrence, Mayor Benson adjourned the meeting at 6:18 p.m. to Thursday, June 19, 2008, at 8:30 a.m. for a Jojpt Meeting of the City Council, Redevelopment Agency, and Housing Authority. ATTEST: HE LE D. KLASSEN, CITY CLERI CITY OF PALM DESERT, CALIFORNIA M. BENS MAYOR 39