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HomeMy WebLinkAboutPrelim Minutes - City 12/9/2004PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 9, 2004 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:01 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Mark D. Greenwood, City Engineer Amir Hamidzadeh, Director of Building & Safety Philip Drell, Director of Community Development Duane K. Munson, Interim Director of Human Resources David Yrigoyen, Director of Redevelopment & Housing Robert P. Kohn, Director of Special Programs J. Luis Espinoza, Assistant Finance Director Ignacio Otero, Fire Chief, Palm Desert/Riverside County Fire Department/CDF Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 618-490-025 (10 acres) Negotiating Parties: Agency: Carlos L. Ortega/Justin McCarthy/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: City of Palm Desert/County of Riverside Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 100, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: George Hanover Under Negotiation: x Price x Terms of Payment 3) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 101, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul. S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Paul Golden Under Negotiation: x Price x Terms of Payment 4) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 112, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Senate Rules Committee of California Under Negotiation: x Price x Terms of Payment Mr. Erwin asked for the City Council's consideration of adding the following item to the Closed Session agenda. 5) Property: One acre (+/-) west of the Palm Valley Channel, north end of Homme/Adams Park (APN 628-030-005) Negotiating Parties: Agency: Carlos L. Ortega/Phil Drell/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Everett Aplet Under Negotiation: x Price x Terms of Payment PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 Upon a motion by Kelly, second by Crites, and a 5-0 vote of the City Council, the aforementioned property was added to the agenda. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. G. George Fox Declaration of Trust, Riverside County Superior Court Case No. INC 035287 Mr. Erwin asked for the City Council's consideration of adding the following item to the Closed Session agenda. b) City of Palm Desert, et al. v. Joseph F. Putrino, et al., Riverside County Superior Court Case No. INC 044949 Upon a motion by Kelly, second by Crites, and a 5-0 vote of the City Council, the aforementioned case was added to the agenda. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 With Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session at 3:04 p.m. He reconvened the meeting at 4:04 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson VII. INVOCATION - Councilmember Jean M. Benson VIII. ORAL COMMUNICATIONS - B None 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE - DECEMBER 2004. Mayor Spiegel and Mr. Ortega recognized the following employees with a certificate and a $100 gift certificate presented to each for their outstanding efforts: Karen Russo, Amy Hughes, Mark Greenwood, Mike Adkins, Rosie Griffin, Gloria Martinez, ` Bernice Gonzales, Karen Siebuhr, Gil Salcedo, Aaron Zamarripa, Ernesto Navarrette, and Joe Rosas. Mayor Spiegel further congratulated Karen Russo on being named to succeed Linda Russell as the City Manager's Secretary upon her retirement later this month. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of November 11, and November 25, 2004, and the Adjourned Regular City Council Meeting of November 18, 2004. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 68, 69, 78, 82, 83, 84, 98, 99, 102, 103, 106, and 108. Rec: Approve as presented. C. CITY'S/AGENCY'S PORTFOLIOS COMPLIANCE ANALYSIS and Investment Report for the Month of September 2004 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Delaware CPK, Inc., for California Pizza Kitchen, Inc., 73-080 El Paseo, Suite 8, Palm Desert. Rec: Receive and file. 4 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 E. MINUTES of City Committee and Commission Meetings. 1. Art In Public Places Commission Meeting of October 20, 2004. 2. Housing Commission Meetings of September 1, and October 13, 2004. 3. Marketing Committee Meeting of October 26, 2004. 4. Public Safety Commission Meeting of September 8, 2004. 5. Sister Cities Committee Meeting of October 21, 2004. Rec: Receive and file. F. RECEIVE Citizens On Patrol Program Participant's Relinquishment of Captain Status — Marvin Schurgin. Rec: By Minute Motion, receive Mr. Schurgin's relinquishment of the position of Captain and accept, with pleasure, his offer to remain a vital part of the program. G. REQUEST FOR AUTHORIZATION of Expenditure for Waring Place Homeowners Association Landscape Replacement (Project No. 653-01). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. H. REQUEST FOR RATIFICATION of Emergency Work for Country Club Drive Median Improvement Project (Project No. 713-04). Rec: By Minute Motion, ratify staffs authorization to perform emergency work in the amount of $8,662 related to the street and median improvements on Country Club Drive —funds are available in Account No. 400-4377-433-4001. I. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C21590 - Design Engineering Relating to the Dinah Shore Drive and Portola Avenue Extension (Project No. 617-02). Rec: By Minute Motion, approve Change Order No. 1 in the amount of $34,000 to the subject contract with Dudek & Associates, Palm Desert, California, and authorize the Mayor to execute same — funds are available in Account No. 213-4365-433-4001. 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 J. REQUEST FOR AUTHORIZATION to Submit a Request for Grant of Easement to Coachella Valley Water District (CVWD) for Calle de los Campesinos. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. K. REQUEST FOR APPROVAL of Final Tract Map No. 33195 (PDCC Development, LLC, Applicant). 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 Contract for Legislative and Regulatory Reporting Services (Contract No. C23230). Rec: By Minute Motion, approve the subject contract with State Net, Sacramento, California, in the amount of $1,740 and authorize the Mayor to execute same — funds are available in Account No. 110-4112-410-3060. M. REQUEST FOR AUTHORIZATION to Participate in the Palm Springs Desert Resorts Convention & Visitors Authority (CVA) Airport Signage Project. Rec: By Minute Motion: 1) Authorize the City's participation in the subject program; 2) appropriate an amount not to exceed $3,000 from the Unobligated General Fund for this purpose. N. INFORMATIONAL ITEMS: 1. Update on the CVAG Model Construction and Demolition Debris Ordinance. Councilmember Benson asked that Item G be removed for separate consideration under Section XI, Consent Items Held Over. Mayor Pro Tem Crites removed Item J, and Mr. Erwin removed Item K for separate consideration. Upon motion by Ferguson, second by Crites, the remainder of the Consent Calendar was approved as presented by a 5-0 vote of the Council. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 XI. CONSENT ITEMS HELD OVER G. REQUEST FOR AUTHORIZATION of Expenditure for Waring Place Homeowners Association Landscape Replacement (Project No. 653-01). Councilmember Benson noted that the staff report indicated the Waring Place Homeowners Association would do the work on its own, and she expressed concern that the City have some kind of control to ensure City standards are upheld. Councilmember Benson moved to, by Minute Motion, authorize the expenditure of $5,000 to the Waring Place Homeowners Association as a landscape replacement settlement — funds are available in Account No. 400-4399-433-4001 (Contract No. C23270), with additional direction that a written agreement be secured to ensure that the City's standards are upheld in the installation and ongoing maintenance of the landscaping. ;. Motion was seconded by Ferguson and carried by a 5-0 vote. J. REQUEST FOR AUTHORIZATION to Submit a Request for Grant of Easement to Coachella Valley Water District (CVWD) for Calle de los Campesinos. Mayor Pro Tem Crites stated that Councilmembers had received a letter from a neighboring church interested in parking during the "season" in that area and wondering if there is a time table for when the road would be in a condition where people could park alongside it. He also noted there was a rural street section in the packets, which showed an eight -foot graded shoulder next to the wash; it seemed fairly useless to put a graded shoulder where there is already a road and have to move the road again. He added that the latest attempt to naturalize the area had resulted in a gray rubble field now inhabiting the space, making it Tess likely for people to use that portion of the park. He hoped that staff would expeditiously fix it. PASTOR DOUG GARRARD, Palm Desert Community Church, 47-321 Highway 74, thanked the Council for previously allowing overflow parking near the church during the high season. He asked that the Council consider the request to utilize some of that space again for 40-60 vehicles. Upon question by Mayor Spiegel, Mr. Greenwood responded that with the re - naturalization effort that has taken place, the bulk of those additional parking spaces was now gone. Also, due to construction of the Stone Eagle project, there was a great deal of heavy equipment traveling up and down that road, and it was hard to keep the road in a decent state of repair. He said perhaps on a Sunday, 20 or so vehicles could park on the edge of the dirt road, and the road should be wide enough if people are careful. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 Mayor Pro Tem Crites asked if the parking area on the northerly end of the park near the kiosks and trail heads could be used. Mr. Greenwood responded that there were perhaps five spaces per turnout, and it was his understanding there were two turnouts. Mr. Drell added that all of those parking spaces were actually in the Coachella Valley Water District right-of-way, and those pockets could always be made larger. Mayor Pro Tem Crites moved to, by Minute Motion, authorize staff to submit the subject Grant of Easement documents to CVW D and direct that Phil Drell meet with Pastor Doug Garrard of Palm Desert Community Church to work out a plan for additional overflow parking near the church and Calle de los Campesinos during the high season, and return it to the City Council for consideration. Motion was seconded by Ferguson and carried by a 5-0 vote. K. REQUEST FOR APPROVAL of Final Tract Map No. 33195 (PDCC Development, LLC, Applicant). Mr. Erwin noted that the map was ready for approval with some relatively minor exceptions. He said the City Engineer and City Surveyor had not had the opportunity to go through and make sure the map is technically correct. He asked that Council approve staffs recommendation, subject to the City Engineer's and City Surveyor's approval of the technical corrections to the map. Councilman Ferguson moved to waive further reading and adopt Resolution No. 04-123, approving the Final Subdivision Map of Tract No. 33195, subject to the City Engineer's and City Surveyor's approval of the technical corrections to the map. Motion was seconded by Benson and carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 04-124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED APPENDIX TO THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974. Mr. Ortega noted the staff report and recommendation in the packet, noting that the resolution would add some positions to be subject to the reporting requirements and change other positions and titles. Councilman Kelly moved to waive further reading and adopt Resolution No. 04-124. Motion was seconded by Benson and carried by a 5-0 vote. 8 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 B. RESOLUTION NO. 04-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC HEARING AND A TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO A PROPOSED SALE OF PROPERTY OWNED BYTHE CITY (APPROXIMATELY 10ACRES ATTHE SOUTHWEST CORNER OF THE RAILROAD TRACKS AND EXTENSION OF MIRIAM WAY - APN 618-490-025). Councilman Ferguson moved to waive further reading and adopt Resolution No. 04-125. Motion was seconded by Crites and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1088 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DISSOLVING THE TECHNICAL TRAFFIC COMMITTEE AND ASSIGNING THEIR DUTIES TO THE PUBLIC SAFETY COMMISSION, AND AMENDING SECTION 10.12.030 OF TITLE 10 OF THE PALM DESERT MUNICIPAL CODE. Mr. Ortega noted the staff report and recommendation. Councilman Ferguson moved to waive further reading and pass Ordinance No. 1088 to second reading. Motion was seconded by Kelly and carried by a 5-0 vote. For Adoption: A. ORDINANCE NO. 1082 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1, AS AMENDED, PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6. Mayor Pro Tem Crites moved to waive further reading and adopt Ordinance No. 1082. Motion was seconded by Ferguson and carried by a 5-0 vote. B. ORDINANCE NO. 1083 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2 PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6. Mayor Pro Tem Crites moved to waive further reading and adopt Ordinance No. 1083. Motion was seconded by Ferguson and carried by a 5-0 vote. 9 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 C. ORDINANCE NO. 1084 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 3 PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6. Mayor Pro Tem Crites moved to waive further reading and adopt Ordinance No. 1084. Motion was seconded by Ferguson and carried by a 5-0 vote. D. ORDINANCE NO. 1085 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 4 PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6. Mayor Pro Tem Crites moved to waive further reading and adopt Ordinance No. 1085. Motion was seconded by Ferguson and carried by a 5-0 vote. E. ORDINANCE NO. 1087 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.34.030 OF THE PALM DESERT MUNICIPAL CODE, ADDING THE FOLLOWING PROVISION: "THE DISPLAY OF ART, PROVIDED SUCH DISPLAY DOES NOT IMPACT THE AMOUNT OF PARKING ON THE PROPERTY" Case No. ZOA 04-03 (City of Palm Desert, Applicant). Mayor Pro Tem Crites moved to waive further reading and adopt Ordinance No. 1087. Motion was seconded by Benson and carried by a 5-0 vote. XIV. NEW BUSINESS A. DECLARATION OF THE RESULTS OF THE 2004 PALM DESERT GENERAL MUNICIPAL ELECTION, CONDUCTED IN THE CITY ON TUESDAY, NOVEMBER 2. Councilman Ferguson moved to waive further reading and adopt: 1) Resolution No. 04-126, reciting the fact of the General Municipal Election held on Tuesday, November 2, 2004, declaring the result, and such other matters as provided by law; 2) Ordinance No. 1071, validating and re-enacting the City's Transient Occupancy Tax, as ordered by the people of the City on Tuesday, November 2, 2004. Motion was seconded by Benson and carried by a 5-0 vote. 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 B. INSTALLATION OF NEWLY ELECTED COUNCILMEMBERSAND ANNUAL MAYORAL ROTATION. Mrs. Klassen administered the oath of office to newly elected Councilmembers Buford Crites, Richard Kelly, and Robert Spiegel, presenting each with a Certificate of Election. Councilman Kelly thanked the City employees for their efforts in making the City of Palm Desert such a well -run city. He expressed appreciation to the citizens for re-electing him to the City Council, and he thanked his wife, Mary Helen, for her support. He added that he felt very humble and appreciative that the citizens of Palm Desert were going to allow him to participate in the governing of Palm Desert for four more years. Mayor Spiegel thanked his wife, Sharon, for her continued support, especially during the election. He expressed appreciation to the Councilmembers fortheirleadership and support in everything accomplished by the City and the Council during the past year. He thanked the citizens who served as members of various City committees and commissions and gave so freely of their time to their community. He also expressed appreciation to City staff, including members of the Police and Fire Departments, and thanked the citizens of Palm Desert for re-electing him to the Council. Councilman Ferguson nominated Mayor Pro-Tem Buford Crites for the office of Mayor. The nomination was seconded by Benson and carried by a 4-0-1 vote, with Mayor Crites ABSTAINING. Councilmember Benson nominated Councilman Jim Ferguson for the office of Mayor Pro Tem. The nomination was seconded by Spiegel and carried by a 5-0 vote. Mayor Crites said it was an honor to be re-elected by the citizens of Palm Desert. He said if there was anything that indicated to staff and the citizen committees how important they were, it would be the fact that he suspected there were very few places in the United States where three councilmembers could stand for re-election against good, solid opposition, spend absolutely no money running for re-election, and be re-elected because of the work the staff and the citizens in the community have done. On behalf of the entire City Council, he thanked staff and the citizens of Palm Desert who help govern the City. He also thanked his colleagues and said he felt they were truly a family, who at times agrees and at other times disagrees, but does their very best to be civil with each other and listen to one another. He expressed his appreciation to his wife, Joy, for her support as well. He added that he hoped he and newly selected Mayor Pro Tem Ferguson would be worthy of the job done by outgoing Mayor Spiegel, and 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 he thanked him for all of his hard work, which he had done with excellence, civility, grace, and kindness. Mayor Pro Tem Ferguson agreed that this Council is a family, and it was a pleasure to know the five of them would be together for several more years yet. He echoed comments by Mayor Crites and thanked outgoing Mayor Spiegel for his excellent work. C. REQUEST FOR CONFIRMATION OF A DETERMINATION OF USE TO ADD A "JIFFY LUBE-TYPE" BUSINESS TO THE LIST OF CONDITIONAL USES IN THE C-1 ZONE. Mr. Drell reviewed the staff report and recommendation. Councilman Spiegel moved to, by Minute Motion, confirm the Planning Commission's decision, determining that a proposed Jiffy Lube operation can be considered as a conditional use in the C-1 zone. Motion was seconded by Ferguson and carried by a 5-0 vote. D. CONSIDERATION OF A CITY COUNCIL REQUEST FOR REVIEW OF AN ACTION BY THE ARCHITECTURAL REVIEW COMMISSION, APPROVING A REQUEST BY OUTBACK STEAKHOUSE TO REMOVE A CONDITION OF APPROVAL THAT REQUIRES THE NEON SIGN AND BORDER LIGHTS TO HAVE A DIMMER DEVICE Case No. SA 04-135 (Outback Steakhouse, Applicant). Planning Manager Steve Smith reviewed the staff report and offered to answer any questions, noting that in the time since the staff was written, the Building Department had conducted an inspection of the facility, and they could find no indication that the system had been altered in a fashion that would increase the intensity of the lights. Mayor Pro Tem Ferguson stated that at the time of approval for Outback, the City thought the neon tubing would be a problem; Outback did not feel it would be. The City compromised and directed that they install a rheostat, which they did not do. He asked if this would lay the groundwork for developers in the future that when they do not like what the City tells them they need to do, they just ignore it until the City catches it. Mr. Smith responded that he did not think that would be the case. Mayor Pro Tem Ferguson asked if Outback had indicated why they did not install the rheostat as requested. Mr. Smith responded that he did not think they had said anything about why it was not installed, although a representative might be in the audience to respond. 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 Councilmember Benson suggested that perhaps in the future there could be something on the certificate of occupancy indicating these required conditions have been met. Mayor Crites stated that he was the one who requested Council review of this, as he felt the light was too bright. He said for years he had attempted to have the intensity turned down, but nothing ever happened until finally it was discovered that the rheostat had never been installed. He added that he did not feel Outback had met their obligation. MR. BILL FANCHER, Outback Steakhouse, stated that when these types of developments are done, there are long lists of conditions, which are at times overwhelming, and he felt the rheostat was a minor detail that had been inadvertently overlooked. In order to install a rheostat now, they would have to remove all of the existing neon lighting system and put in an entirely new lighting system at a cost of approximately $7,000 to $8,000. He added that no one from the public had ever complained, and this was the first they had heard about the lighting being a problem. Councilman Spiegel stated that page 4 of the staff report noted that one of the Architectural Review Commissioners had asked "if there was a specified intensity on the original approval. Mr. Drell stated that it was the standard wattage that we usually have for neon, but the requirement for the rheostat was that we would have the ability to dim it." He asked if the current lighting was the standard wattage that we usually have for neon. Mr. Smith responded that the Building Department had confirmed to him that it had not been altered, so he presumed it went in as standard. He said he had questioned whether they had increased it somehow, and they could not find any evidence that had occurred. Mr. Drell added that the transformer that is there is the standard transformer that is used on neon signs throughout the City. Councilmember Benson moved to, by Minute Motion, affirm the action of the Architectural Review Commission. Motion was seconded by Ferguson and carried by a 4-1 vote, with Mayor Crites voting NO. E. REQUEST FOR CONSIDERATION OF THE EXPANSION OF THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY BOUNDARIES TO INCLUDE CABAZON, CALIFORNIA. Upon his asking the City Attorney and receiving an affirmative response, Mayor Pro Tem Ferguson stated for the record that he would be ABSTAINING on this item due to his law firm's representation of Hadley's. 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 He then excused himself from the Chamber prior to discussion or action on this matter. Councilmember Benson said she would like to comment as a representative of the Convention and Visitors Authority (CVA). She said this issue was an ongoing one for years and years with Cabazon wanting to be included. The consensus in the past had always been to deny inclusion of Cabazon; however, now with their new hotel and the amount of business our own hotels send them for tour groups, etc., it seemed a logical time to do this. She said the proposal was to give it a three-year trial to see if it is mutually beneficial. Councilman Spiegel asked if there were any plans to expand this to include the Factory Outlets. MR. MICHAEL FIFE, President of the Palm Springs Desert Resorts Convention and Visitors Authority, responded that this was the Cabazon area, which would include the Factory Outlets, Morongo Hotel, Morongo Casino, and Hadley's, all of which had expressed interest in becoming partners, and this would generate approximately $150,000. Mayor Crites asked how many tour operators had expressed interest in making these multiple -day shopping tours because, basically, people were being asked to spend a bunch of money to stay the night in the Coachella Valley, shop in the Cabazon area, and then return home. MR. FIFE responded that they had not worked with the tour operators currently serving the Factory Outlets because they did not have the entree to them. He said they were not sure specifically which operators were doing these tours. What they wanted to encourage with those operators was to continue their day tours to the Factory Outlets, but in addition, offer overnight tours so they can go to the Factory Outlets and then continue on to the Coachella Valley and stay in the local hotels, eat in the local restaurants, and shop on El Paseo. He added that they would work with the Factory Outlets once there is an agreement to move forward. He noted that he had met with the manager of the Factory Outlets, and she was very anxious to begin working on such a program. Councilmember Benson moved to, by Minute Motion, concur with the recommendation of the Marketing Committee to approve the expansion of the Palm Springs Desert Resorts Convention and Visitors Authority (CVA) boundaries to Cabazon to include the Morongo Hotel, Morongo Casino, Hadley's, and the Factory Outlets. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Pro Tem Ferguson ABSENT. 14 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 F. REQUEST FOR APPROVAL OF APPLICATION FOR AN ENERGY EFFICIENCY LOAN FROM THE CALIFORNIA ENERGY COMMISSION TO IMPLEMENT ENERGY EFFICIENCY MEASURES. Mr. Ortega reviewed the staff report and recommendation. Director of Special Programs Robert Kohn noted that the loan amount would be $197,266 instead of the $182,111 listed in the staff report due to increased savings. Councilman Spiegel moved to: 1) Waive further reading and adopt Resolution No. 04-127, authorizing application for a California Energy Commission Energy Efficiency Loan; 2) by Minute Motion, authorize the Mayor to sign the California Energy Commission Loan Application and Loan Agreement (Contract No. C23280), acknowledging that the loan amount will be $197,266 instead of the amount listed in the staff report. Motion was seconded by Benson and carried by a 5-0 vote. G. CONSIDERATION OF AMENDING THE CITY'S FACADE ENHANCEMENT PROGRAM (FEP). Senior Construction Contract Administrator Bryce White reviewed the staff report and offered to answer any questions. Councilmember Benson said she had two questions: 1) Whether the age of the building is considered before approving the FEP; and 2) If the City participates in the FEP and then the owner of the building sells it within a certain length of time, realizing a profit, is there anything requiring that owner to reimburse the City? Mr. White responded that there is no such requirement to reimburse the City. He said sale of the building would probably be a benefit to the City as far as property taxes because the property would be reappraised at that point, and the City would receive more funds based on the reassessment. With regard to considering the age of the building before approving the FEP, he said it was based on the needs of the building. A building that would not be substantially improved would not need the City's program, and the owner would not be offered assistance based on that fact. Mayor Crites questioned why properties with "dual facades" (front and rear) were eligible for up to $60,000, while those with "corner facades" could be eligible for up to $80,000. Mr. White responded that it was because the "corner facade" buildings would actually improve two separate streets, while those with "dual facades" typically had one facade on the street and the second on a parking area, such as the buildings in Presidents Plaza. 15 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 Councilman Spiegel added that he and Mayor Pro Tem Ferguson were on the committee that worked this out, and any request over $40,000 would come to the Council for consideration. Mayor Pro Tem Ferguson commented that staff had looked at the sales tax generation of the "dual facade" businesses, the property taxes they generate, and the overall budget for the program. He said he could safely say they were paying for themselves. The limitation for facades to get enhancements was that they had to have a bona fide customer entrance. Councilman Spiegel moved to, by Minute Motion, amend the City's Facade Enhancement Program Guidelines as follows: 1) Remove the area west of Monterey Avenue from the FEP Boundaries; 2) increase the maximum FEP consideration to $40,000 for a "standard" project; 3) increase funds, with City Council ap facade" properties located between El Paseo and Highway 11p1, from Portola A rov, for en euto Monterey Avenue, excluding Larkspur Lane to Lupine Lane, such that they are eligible for an additional 50% in FEP funds when "dual facades" (front and rear) are improved; 4) increase funds, with City Council approval, for acceptable "corner facade" properties having store frontage on two streets such that they are eligible for FEP funds based on the length of both frontages when both are improved. Motion was seconded by Ferguson and carried by a 5-0 vote. H. REQUEST FOR DISCUSSION REGARDING LANDSCAPE RENOVATION OF THE COUNCIL CHAMBER ENTRY AREA. • Landscape Manager Spencer Knight reviewed the staff report and recommendation. Councilman Spiegel moved to, by Minute Motion, authorize staff to obtain landscape renovation design proposals for the subject location. Motion was seconded by Ferguson and carried by a 5-0 vote. I CONSIDERATION OF THE ESTABLISHMENT OF A PARKS A RECREATION AD HOC COMMITTEE. ND Mr. Ortega noted the staff report and recommendation in the packets. Councilman Spiegel moved to, by Minute Motion: 1) Authorize staff to establish a Parks and Recreation Ad Hoc Committee, consisting of two City Councilmembers and two Coachella Valley Recreation and Parks District Board Members, in an effort to enha communication/collaboration for addressing the City's nce onal needs; 2) designate two City Councilmembers (Kelly and Spiegel) to serve in this capacity. Motion was seconded by Ferguson and carried by a 5-0 vote. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. J. REQUEST FOR APPROVAL OF THE TRAIL HEAD INFORMATIONAL KIOSKS DESIGN FOR THE PALM DESERT TRAILS SYSTEM AND AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR CONSTRUCTION OF SAME (CONTRACT NO. C23250). Councilman Spiegel mentioned that the Parks & Recreation Commission had approved what Council would be seeing as part of this staff report. In addition, he announced that Jeff Winklepleck of City staff would be leaving the end of December and would be moving to Long Beach. He said Mr. Winklepleck would be sorely missed. Councilman Spiegel moved to, by Minute Motion: 1) Approve the Trail Head Informational Kiosks design and appropriate an amount not to exceed $60,000 for same to Fund 430; 2) authorize the City Manager to enter into an agreement for the construction of the kiosks. Motion was seconded by Kelly and carried by a 5-0 vote. XV. CONTINUED BUSINESS A. CONSIDERATION OF SIDEWALK AND BIKE LANE ON GRAPEVINE STREET (Continued from the meetings of August 26, and September 9, 2004). Mr. Ortega reviewed the staff report and recommendation. Councilman Kelly moved to, by Minute Motion, direct staff to reinstall the double yellow centerline on Grapevine Street and authorize the City Manager to approve a contract with a local striping contractor in an amount not to exceed $5,000 — funds are available in Account No. 110-4315-433-3320. Motion was seconded by Ferguson and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF FINANCIAL ASSISTANCE FOR FACADE IMPROVEMENTS TO A RETAIL BUILDING KNOWN AS THE MANHATTAN BAGEL BUILDING LOCATED AT 73-845 HIGHWAY 111, PALM DESERT (James A. and Miriam Diamond Chester, Applicants) (Continued from the meetings of October 14, October 28, and November 18, 2004). Mayor Pro Tem Ferguson and Councilman Spiegel noted that they both had a conflict of interest with this item and would, therefore, be ABSTAINING from it. They excused themselves from the Chamber prior to any discussion or action. Bryce White, Senior Construction Contract Administrator, noted that staff's recommendation was to approve this project under the new guidelines just 17 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 approved by Council earlier in this meeting. He noted that the applicant had originally requested $70,000 for this program, and based on the new guidelines, staff was recommending a total of $60,000 for this dual facade building ($20,000 for the rear facade and $40,000 for the front facade). Councilmember Benson moved to, by Minute Motion: 1) Approve Facade Enhancement Program funds in the amount of $20,000 for the rear parking lot facade, consistent with the newly revised Program Guidelines; 2) revise the amount of funding for front facade upwards by $5,000 (from $35,000 to $40,000), also consistent with the newly revised Program Guidelines. Motion was seconded by Kelly and carried by a 3-0 vote, with Mayor Pro Tem Ferguson and Councilman Spiegel ABSENT. C. UPDATE ON LENNON PLACE/ECLECTIC STREET PARKING (Continued from the meetings of October 28, and November 18, 2004). Mr. Ortega noted the staff report and recommendation in the packets. Upon question by Councilman Spiegel, Mr. Greenwood responded that the angle parking would work, although it would be a little tight. Upon question by Councilmember Benson, he said the Sheriffs Department would enforce the time limits on the parking. Councilman Spiegel suggested that the Public Safety Committee also look at whether the City's COPS program could also be involved in the enforcement. Councilman Spiegel moved to, by Minute Motion: 1) Direct staff to implement angle parking on the south side of Lennon Place, angle parking on the east side of Eclectic Avenue, and implement two-hour time -limited parking on the northwest corner of Lennon and Eclectic; 2) authorize the City Manager to award a contract for installation of angled parking stall markings to a local contractor in an amount not to exceed $5,000 — funds are available in Account No. 110-4315-433-3320. Motion was seconded by Kelly and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF FINAL PARCEL MAP NO. 30342 (SGH Partners, L.P., Applicant) (Continued from the meeting of November 18, 2004). Mrs. Klassen stated that she had been advised just prior to the 3:00 p.m. convening of this meeting that it had been requested that this item be continued to the meeting of January 13, 2005. Councilmember Benson moved to continue this matter to the meeting of January 13, 2005. Motion was seconded by Spiegel and carried by a 5-0 vote. 18 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 E. ORDINANCE NO. 107.6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONSOLIDATING AND AMENDING CHAPTER 9.24 IN SECTIONS 9.24.060 (H) AND (K), AND 9.24.075 (A) OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO NOISE CONTROL (Continued from the meeting of November 18, 2004). Mayor Pro Tem Ferguson asked what the approximate decibel noise level is of a lawn mower in relationship to an approved blower according to the ordinance. Mr. Croy responded that they were similar decibel levels. Mayor Pro Tem Ferguson stated that meant there was language in the ordinance allowing mowers but not blowers, and they were the same decibel level. Mr. Croy stated that leaf blowers in the landscape industry were required to be governed so they cannot be clutched beyond a certain level in the trigger; they have governors built into them to keep them restricted to the higher pitch. With regard to the private side, however, that was something that was difficult to regulate. Electric and gas blowers purchased from stores such as Home Depot or Lowe's were not governed. Councilman Kelly stated that all the leaf blowers he had ever heard were louder than lawn mowers. Upon question by Mayor Pro Tem Ferguson, Mr. Croy responded that homeowners associations would be considered a commercial activity, and the blowers would be governed. Upon further question, he said staff was trying to bring three separate ordinances into one process for Code Enforcement so that citing and violations would be the same across the board by eliminating the conflict of what can be done and when. If this ordinance is denied, staff would continue with the existing three separate ordinances and processes. Mayor Crites noted that the ordinance before Council does make an exception for a later time for the use of blowers in terms of maintenance activities. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1076 to second reading. Motion was seconded by Benson and carried by a 3-2, with Mayor Pro Tem Ferguson and Councilman Kelly voting NO. 19 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 F. REPORT ON RESIDENTS' CONCERN FOR NOISE MITIGATION IN THE AREA OF REGENCY PALMS ESTATES, REGENCY ESTATES, AND PALM VALLEY COUNTRY CLUB (Continued from the meeting of November 18, 2004). Mr. Ortega noted the staff report in the packets. MR. HELMUT LIHS, resident of Regency Palms, said residents had brought this problem to the attention of the City, and it was not a new problem. He said it was already acknowledged by the City in its Master Plan as a corridor along the Interstate 10 and the railroad that was very noisy. Over the years, this had grown to the proportions where it was no longer acceptable. He said it had become a health hazard, and something needed to be done. The decibel levels of the noise were higher by 20-25% constantly and 30-35% intermittently when the noise from the railroad and freeway combine. He said he had done quite a bit of research and had worked with the City Manger, and there were some things that could be done to remedy the situation. He felt a sound barrier wall was needed, but in order to obtain assistance from the Federal, State, and County governments, they needed the City's agreement that the need exists. Upon question by Mayor Crites, he responded that he had not read staff's report. Mayor Crites asked that staff provide a copy of its report to Mr. Lihs. He also noted the four recommendations contained in the staff report, which would meet the requests as presented by Mr. Lihs at this meeting. Councilman Kelly moved to, by Minute Motion, receive and file the report, directing staff to implement the recommendations therein. Motion was seconded by Ferguson and carried by a 5-0 vote. XVI. OLD BUSINESS A. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL A REQUEST FOR PROPOSALS FOR RECYCLING CONSULTING SERVICES FOR THE CITY OF PALM DESERT (CONTRACT NO. C21740). Mr. Ortega noted the staff report and recommendation in the packets. Councilman Spiegel moved to, by Minute Motion, authorize advertisement of the subject Request For Proposals (RFP). Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Pro Tem Ferguson ABSENT. 20 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 B. REQUEST FOR AWARD OF CONTRACT FOR RENOVATION OF THE CIVIC CENTER PARK IRRIGATION PUMP STATION (CONTRACT NO. C23090, PROJECT NO. 720-01). Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Cora Constructors, Palm Desert, California, in the amount of $792,624; 2) set aside $79,262.40 as a 10% contingency for the project; 3) authorize the Mayor to execute said contract — funds are available in Account No. 400-4674-454-4001. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Pro Tem Ferguson ABSENT. XVII. PUBLIC HEARINGS A. CONSIDERATION OF THE APPROVAL OF A GENERAL PLAN AMENDMENT AND A CHANGE OF ZONE FROM LOW DENSITY RESIDENTIAL (R-1, 0 TO 4 DWELLING UNITS PER ACRE) TO OFFICE PROFESSIONAL (OP), AND A PRECISE PLAN OF DESIGN TO ALLOW TWO, ONE-STORY PROFESSIONAL OFFICE BUILDINGS WITH A COMBINED FLOOR AREA OF 8,082 SQUARE FEET ON A 0.9-ACRE PROJECT SITE LOCATED AT THE SOUTHWEST CORNER OF COOK STREET AND SHERYL AVENUE Case Nos. GPA 04-01, C/Z 04-03, and PP 04-22 (William J. Worzack, Applicant) (Continued from the meetings of October 14, October 28, and November 18, 2004). Councilman Spiegel said it was his understanding two of the Councilmembers had met with the developer, and he asked for a report. Councilman Kelly said he felt the developer had made a drastic improvement. Mayor Crites noted for the benefit of the audience that this had to do primarily with the orientation of the buildings and associated parking areas, combining those parking areas to create a larger combined ability to park. That issue had been resolved to the satisfaction of the subcommittee and was acceptable to the developer as well. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Councilman Spiegel moved to waive further reading and: 1) Adopt Resolution No. 04-115, approving Case No. GPA 04-01; 2) reading, approving Case No. C/Z 04-03; 3) adopt Resolution No. 04-116, ap r vinsecondg Case No. PP 04-22. Motion was seconded by Kelly and carried by a 4-1 vote, with Mayor Pro Tem Ferguson ABSENT. 21 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 B. REQUEST FOR APPROVAL OF RECOMMENDED CHANGES CITY OF PALM DESERT'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CITIZEN PARTICIPATION PLAN. NT Mr. Ortega reviewed the staff report and recommend aon,purpose of the public hearing was to receive public testimonyt�on tthe he recommended changes. Mayor Crites declared the public hearing open and invited testimon in F or in OPPOSITION to this request. Y AVOR of MR. FABIAN JARONE (sp?) from Father's Heart Ranch in Desert H Springs said they would be submitting an application for these block ot funds. grant Mr. Ortega stated that he felt Mr. Jarone's comments were mor public hearing rather than this one. more for the next MR. JARONE said he would wait for the next hearing. With not further testimony offered, Mayor Crites declared the u p blic hearing closed. Councilman Spiegel moved to, by Minute Motion: 1) Approve recom changes within the Citizen Participation Plan; 2) adopt the amended Plan; 3 mended )o day Public Comment Period for same. pca the 30- a 5-0 vote. Motion was seconded by Ferguson and carried by C. REQUEST FOR OPENING OF THE 30-DAY PUBLIC C RELATIVE TO THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANTPERIOD O (CDBG) ONE-YEAR ACTION PLAN FOR FISCAL YEAR 2005/06 AND T OPEN THE FISCAL YEAR 2005/06 CDBG APPLICATION PROCESS. Mayor Crites opened the 30-day Public Comment Period on the CDBG One - Action Plan for FY 2005/06 and the CDBG Application Process for FY 2005/06. 05/06. MR. FABIAN JARONE stated that Father's Heart Ranch was a group hom for abused, neglected, and abandoned boys, ages 6 to 12, in Desert o rt e Springs. He said they would be submitting a grant application for funds f make improvements, including a schoolhouse, as local schools did not have the facilities for taking care of these children who might have issues with violence and behavioral problems. MR. WARREN THORESON, Treasurer of Desert Samaritans thanked the Council for its support over the last couple of eor in Elderly, helpingars their organization with transportation. He said this was a continuing need, 22 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 as more and more seniors are unable to get where they need to go. He said they would be applying for funding again this year. MS. LYNN MORIARTY, Executive Director of Shelter from the Storm, thanked the City for its support in the past and said the Council had made a difference in the lives of so many women and children through its support of this organization. MR. IVAN PRICE, 1248 Via Benecia, Cathedral City, said he worked with a number of nonprofits in the desert. He thanked the Council on behalf of the ABC Recovery Center, the Coachella Valley Historical Society, the F.I.N.D. food bank, Jewish Family Services of the Desert, and the Latino Commission on Alcohol and Drug Abuse Services. He said Palm Desert was one of the few cities that appreciated what some nonprofits do in serving people from Palm Desert and providing support for those projects through CDBG funds. MS. CLAUDIA CASTORENA, 82-788 Oleander Avenue, Indio, spoke as the founder and division director of Martha's Village & Kitchen. She agreed with comments from the last two speakers relative to the City of Palm Desert's support of nonprofit social services agencies. She said one of the services they provide was a community medical clinic, open to both residents of Martha's Village & Kitchen and to the community. She added that they would be applying for CDBG grant funds, and she thanked the Council for its support. MS. CECILIA BROWN, Supervisor for Nightengale Manor, a 30-day emergency shelter located in Palm Springs, said it had been in existence since 1987 under the operation of Catholic Charities. In the summer of 2003, Father Joe's Village out of San Diego was asked to take over the management and operation of that facility. She said they provide families with children supportive and comprehensive services. Their long-term goal was to ensure that families obtain stable housing and stable income so they can become more productive citizens of the Coachella Valley. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Ortega recalled for the City Council that it had supported passage of College of the Desert's (COD) bond measure earlier this year. As a result of its passage, COD was ready to begin the first phase of campus renovation. Therefore, the City had asked COD to make a presentation on its plans, with particular interest in what would be done on the swimming facility. He said the College asked for a Study Session for this purpose. 23 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 After further discussion, the City Council agreed that 2:00 p.m. on Thursday, February 10, 2005, would be set for a Study Session to receive a presentation by College of the Desert. Councilmembers were asked to let the City Manager's Office know if they discover any scheduling conflicts in the next couple of days. 2. Secondly, Mr. Ortega said that he'd been advised that the Convention & Visitors Authority (CVA) had also requested a Study Session to provide an update on its marketing efforts. Councilmember Benson noted that when it met with the CVA previously, the City requested semiannual activity updates. She offered that it could be a presentation made at the beginning of a Council Meeting instead of a separate Study Session. With City Council concurrence, staff was asked to approach the CVA to inquire whether it could make its presentation at the opening of an upcoming regular City Council Meeting rather than a separate Study Session, but if not, offer Thursday, February 24, 2005, at 2:00 p.m. B. CITY ATTORNEY None C. CITY CLERK Mrs. Klassen reported: 1. At its meeting Tuesday this week, the Planning Commission determined that due to scheduling conflicts, it would not hold its Tuesday, January 4, 2005, Meeting and would instead adjourn to Wednesday, January 5, 2005, at 6:00 p.m. 2. City Councilmembers recently had each been provided with a binder containing all the current active Committee and Commission applications for their review and selection of candidates for appointment. 24 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 E. D. PUBLIC SAFETY o Fire Department Chief Ignacio Otero commented: 1. Since it was the middle of the holiday season one of the Fir e Department's largest concerns was Christmas tree fires, especially in Tight of the two major fires in the City over the past couple of weeks. He noted that each year the U.S. has over 400 Christmas tree fires, causing over 40 deaths and over 100 injuries. Therefore, the Fire Department had scheduled its annual news conference for Tuesday, December 14, 9:30 a.m., behind the Fire Station on Town Center Way where a Christmas tree flammability demonstration would take place. He said a press release had been issued; he'd provided a copy to City Public Relations staff, and the Fire Department also worked directly with local media to draw attention to this important matter, adding that it would be publicized in both English and Spanish. 2. The two brand new ambulances purchased by the City earlier this year were placed into service last week. One was headquartered at the Mesa View Fire Station, the other at the Portola/Country Club Station. o Police Department None MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Re uests for Action: 1. Mayor Crites referred back to Mrs. Klassen's comments about Committee and Commission Member applications. He asked his colleagues to review the liaison appointments that each of them hold on the various internal and external committees/commissions, and if any changes were requested for the coming year, to provide that information to him or the City Clerk. Further, he said a time needed to be set for candidate interviews for the various vacancies on the City's committees and commissions. 25 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 Mayor Pro Tem Ferguson suggested that the various City Council liaisons form recommendations for appointments/reappointments for the committees/commissions on which they serve to be shared with their colleagues when they sit down to discuss and interview. Councilman Kelly added that many of the applicants were already well known to the Councilmembers; therefore, any Councilmember could recommend interviewing or appointing a particular individual. He felt there were many very qualified applicants. After further discussion, the City Council concurred: 1) By December 17, each Member would provide their personal requests for liaison service for the coming year, as well as their recommendations for candidates to consider and reappointments to be made to the City's advisory bodies to the City Clerk; 2) the City Clerk will compile a summary of recommendations/requests back to the City Council; 3) Members will then work with their secretary to find a mutually convenient date for the Council to get together as a group to conduct interviews and recommend appointments. o City Council Committee Reports: None City Council Comments: 1. City Council Liaison Reports. a) Councilman Kelly provided his colleagues with a ticket to the event where SunLine's new Hydrogen Bus would be unveiled. He said it was probably one of the first to go into service in the U.S. on a revenue route, and it was nearly zero emission (a small amount of pure water was exhausted from the tailpipe in the process). b) Mayor Pro Tem Ferguson said he and Councilman Kelly met with the new County Fire Chief this week, and both found it very refreshing. The Chief affirmed all of the benefits the City hoped to obtain by adjusting its levels of service and flexibility in adapting fire programs to Palm Desert outside of the Cove Commission. He felt this would allow the City to have much more direct control over its fire services and to tailor them to residents' needs; he looked forward to a new and improved relationship with the Fire Department. 26 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2004 XIX. ADJOURNMENT Councilman Spiegel moved to adjourn the meeting at 5:48 p.m. Motion was seconded by Kelly and carried by a 5-0 vote. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA BUFORD A. CRITES, MAYOR 27