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HomeMy WebLinkAboutPrelim Minutes - City 04/28/2005PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 28, 2005 CIVIC CENTER COUNCIL CHAMBER CALL TO ORDER - 3:00 P.M. Mayor Crites convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Buford A. Crites Excused Absences: Councilmember Jean M. Benson Mayor Pro Tem Jim Ferguson 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 Amir Hamidzadeh, Director of Building & Safety Philip Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Duane K. Munson, Interim Director of Human Resources Michael J. Errante, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Robert P. Kohn, Director of Special Programs Walt Holloway, Battalion Chief, Palm Desert/Riverside County Fire Dept./CDF Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) ►= PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. Van Alstine, Riverside County Superior Court Case No. INC 035579 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Public Employee Performance Evaluation pursuant to Government Code Section 54957: Titles of Positions: City Attorney City Manager With Council concurrence, Mayor Crites adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Councilman Robert A. Spiegel VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B MR. MIKE BRACKEN, Development Management Group, 73-845 Highway 111, Suite 202, Palm Desert, stated that approximately one year ago, the City Council and Redevelopment Agency approved a facade improvement grant for Mr. Scott Chapman of Chapman & Son. In recognition of that approval and successful project, he presented Mayor Crites and Sr. Construction Contract Administrator Bryce White each with a plaque that included a before and after photo of the site. Mayor Crites explained that the Facade Enhancement Program was offered by the City to help refurbish some of its commercial areas in which a partnership is formed 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 between the City and its local businesses to improve their exterior facades. He said the Chapman & Son exterior enhancement was one that the business community could be proud of, which would, in turn, lead to more business and a greater tax base for the City. He thanked Mr. Bracken for his thoughtfulness in making such a presentation to the City and staff as a result. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF MAY AS "NATIONAL MENTAL HEALTH MONTH 2O05" IN THE CITY OF PALM DESERT. The representative from the Riverside County Department of Mental Health was unable to be present at today's meeting. B. PRESENTATION OF PROCLAMATION DECLARING APRIL 28 AS "COACHELLA VALLEY RECREATION & PARK DISTRICT - OUTSTANDING DISTRICT IN CALIFORNIA FOR 2005" DAY IN THE CITY OF PALM DESERT. This presentation was deferred to a later date. C. PRESENTATION OF AWARDS FOR DESERT SANDS UNIFIED SCHOOL DISTRICT'S RECYCLING ART COMPETITION. Senior Management Analyst Frankie Riddle explained that the City had partnered with the School District in its Ambassador Program to promote recycling, and the First Annual Recycling Art Competition was held in schools in Palm Desert and Indian Wells this year. Today the City was recognizing Palm Desert students for their winning efforts. On behalf of the City Council, Mayor Crites honored the following students with certificates of recognition: Lincoln Elementary - Ms. Possidon's Third Grade Class, 1s' Place; Riley Downs, Second Grade, 2nd Place; and Teresa Valenzuela, Second Grade, 3rd Place; Carter Elementary - Ms. Panawa's Third Grade Class, 1 st Place; Ms. Bray's Second Grade Class, 2nd Place; Washington Elementary - Taylor Tomalak, Second Grade, 1s' Place; Julien Block, Fourth Grade, 2nd Place; and Rydell Hall, Fifth Grade, 3rd Place. 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 14, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 208, 209, 215, 216, 217, and 221. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Entrada del Paseo Steering Committee Meeting of February 9, 2005. Rec: Receive and file. D. REQUEST FOR AUTHORIZATION to Renew a Lease for an Electronic Securities Trading Terminal (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, authorize the City Treasurer to renew a lease with Bloomberg Services in 2005 for an electronic securities trading terminal. E. REQUEST FOR RATIFICATION of City/County Beverage Container Fund Request to the Department of Conservation. Rec: By Minute Motion: 1) Ratify staff's submittal of the City/County Fund Request Form for FY 2005/06 to the Department of Conservation in the amount of $12,247; 2) authorize expenditure of said funds towards the purchase of recycling/trash containers for City Parks from Account No. 236-4195-454-3090. F. REQUEST FOR APPROVAL of Agreements for Appraisal Services in Connection with the Formation of an Assessment District (Section 29). Rec: By Minute Motion: 1) Approve an agreement with Capital Realty Analysts, Palm Desert, California, for appraisal services in the amount of $40,000 for the property associated with the formation of the Section 29 Assessment District (Contract No. C23680A); 2) approve an agreement with Capital Realty Analysts, Palm Desert, California, in the amount of $4,500 for appraisal services for the property needed for a retention basin in the Section 29 Assessment 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 District (Contract No. C23680B); 3) authorize the Mayor to execute said agreements —funds are available in Account No. 610-0000-228- 2100. G. REQUEST FOR APPROVAL of the Purchase of Aerator Equipment for Desert Willow Golf Resort. Rec: By Minute Motion: 1) Approve purchase of the PlanetAir Aerator Golf Course Equipment from Norman David PlanetAir, Riverside, California, in the amount of $28,200; 2) appropriate said funds from Fund 241 for this purchase. H. REQUEST FORAWARD OF CONTRACTfor Construction of Kitchen Utility Basin at Desert Willow Golf Resort (Contract No. C23690). Rec: By Minute Motion: 1) Authorize award of the subject contract to Cora Constructors, Inc., Palm Desert, California, in the amount of $34,000; 2) authorize the execution of same; 3) authorize the Director of Finance to set aside the amount of $3,400 as a 10% contingency for the project (use of contingency requires additional action) —funds are available in Account No. 241-4195-495-8092. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C22990 — Highway 111 Median Landscaping from Town Center Way to Hospitality Row. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $12,897.84 to the subject contract with Marina Landscape, Inc., Anaheim, California, and authorize the Mayor to execute same; 2) authorize the transfer of said funds from contingency to base for the project. J. REQUEST FOR APPROVAL of 2005 "Summer of Fun" Schedule Amendment. Rec: By Minute Motion, approve Contract No. C23510K with Tall Man Productions in the amount of $6,000 and authorize the Mayor to execute same — funds are available in Account No. 110-4416-414-3061, and no appropriation is needed or requested. Upon motion by Spiegel, second by Kelly, the Consent Calendar was approved as presented by a 3-0 vote, with Councilmember Benson and Mayor Pro Tem Ferguson ABSENT. 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 XI. CONSENT ITEMS HELD OVER None PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 XII. RESOLUTIONS XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1091A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE, CHAPTER 25.56.195, AS IT RELATES TO WALL HEIGHTS AND LOCATIONS IN THE R-1, R-2, R-3, AND PR ZONED DISTRICTS Case No. ZOA 04-04 (City of Palm Desert, Applicant). Councilman Kelly moved to waive further reading and adopt Ordinance No. 1091 A. Motion was seconded by Spiegel and carried by a 3-0 vote, with Councilmember Benson and Mayor Pro Tem Ferguson ABSENT. B. ORDINANCE NO. 1095 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.38 OF THE PALM DESERT MUNICIPAL CODE BY ADDING SECTION 2.38.030, RELATIVE TO MUNICIPAL ELECTIONS/SELECTION OF CITY OFFICERS. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1095. Motion was seconded by Kelly and carried by a 3-0 vote, with Councilmember Benson and Mayor Pro Tem Ferguson ABSENT. XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL TO AN ORDER TO ABATE A PUBLIC NUISANCE FOR UNAPPROVED LIGHTING FROM 44-312 AND 44-330 SAN PABLO AVENUE Case Nos. 04-4551 and 04-4552 (Carl Wm. Kisner, Appellant). Code Compliance Manager Hart Ponder reviewed the staff report, noting that staff had been to this residence at night, and the light trespass was substantial. In order to address both the owner's safety concerns and the Light Ordinance Code violation issues, staff felt all the owner would need to 7 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 do is to install appropriate lighting fixtures to direct the lighting onto his own property rather than the surrounding areas. MR. CARL KISNER, owner of the property, stated that with regard to the light trespass from his property onto surrounding properties and the street, he felt it was no greater than that from the lighting just across the street or throughout the entire City. He was concerned for the safety of his tenants and was afraid they would be moving out if he did not provide proper lighting to deter crime. MR. DANNY SUMMERS, owner of Palm Desert Electric and resident at this property for seven years, noted that he personally had approximately $17,000 in equipment and tools stolen from him at this location. He showed photos of the area, noting that this was the only property with a parking lot right on San Pablo. He stated that while they had the metal halide lights at the front of the building, there was no problem as far as vandalism of vehicles and people coming onto the property; however, the week after he had to remove those lights and replace them with what is there now, his truck was broken into and $900 worth of tools stolen. Security cameras were now on the building, and with the brighter lights, he was able to see where vandals go when they leave the property. He was concerned with the City - approved lighting and felt it would not be sufficient for him to provide good information to the Police Department when vandals or thieves come onto the property. Mr. Ponder noted that staff had looked at the entire neighborhood to see if there are similar violations. In this case, the lights across from the property in question are in compliance with the light code, and this one stands out substantially. While sympathetic to what the property owner and resident wanted to achieve, staff felt it could be achieved with the lights he was being asked to put in. The concern was not so much to restrict the actual light that is falling on the property but was more an effort to restrict the excess light that is going off the property. He felt there were other things that could also be done to help address the property owner's concern for the area, including working with the Palm Desert Police Department, Citizens on Patrol, Multi - Housing Crime Prevention, etc. He asked that Council uphold the Order to Abate issued by Code Compliance. Councilman Spiegel stated Mr. Kisner had indicated that when he notified a member of Code Compliance that there were other properties in the City using the same kind of lighting he was using, he was told "we can't fix them all". He asked if that was the case. Mr. Ponder said he was confident that the comment was not made by any of his staff, as this was not how his department does business. 0 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 MR. KISNER stated that the Multi -Housing Crime Prevention organization was successful when it had the right leadership. He said he had joined the organization and was active in it; however, he said it no longer existed in Palm Desert, although it was successful in Indio. He said there was nothing he would like better than to have that organization run by someone interested in doing it. He felt there would be more crime and more problems if they had to use the City -approved lighting. He also asked that City staff come out to the property in the evening so that he can show what he is talking about. Councilman Spiegel noted that Mr. Kisner had received several certified letters from the City, beginning in December of 2004, and there had been no response to any of them until a letter from Mr. Kisner on April 111". He wondered why so much time had passed before bringing this matter to the Council. Councilman Spiegel moved to, by Minute Motion, uphold the Order to Abate issued by Code Compliance that would require the removal of unapproved lighting from 44-312 and 44-330 San Pablo Avenue. Councilman Kelly agreed with Councilman Spiegel; however, he was not opposed to one more attempt to make the lighting work. Mayor Crites suggested that Palm Desert Police Lt. Steve Thetford and staff go out and visit the property in the evening. Councilman Kelly disagreed and said he did not see any reason why staff could not work with the applicant to meet the City's requirements. Mayor Crites asked whether staff had the opportunity to meet with the property owner and the one tenant, on -site, in the evening. Mr. Ponder responded that he had not done so. He said the Planning Department had met with them several times to explain the right lighting fixtures, and staff had given several extensions of time on the notices, which is why more than four months had elapsed. He said if Council were to uphold the Order to Abate, staff would be willing to give the property owner 30 days to comply. Upon further question, he agreed to work with the property owner and the Palm Desert Police Department during that 30 days to find an alternative lighting application that would comply with the City's regulation and be satisfactory to the property owner. Councilman Spiegel amended his motion to uphold the Order to Abate issued by Code Compliance, requiring the removal of unapproved lighting from 44-312 and 44-330 0 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 San Pablo Avenue, with a 30-day grace period for the Property Owner/Appellant to work with the Palm Desert Police Department and appropriate City staff to find an alternative lighting application that would comply with the City's regulation and be satisfactory to the property owner; and with the understanding that following the 30-day period, a report on the matter would be brought back to the City Council, with the Appellant also offered opportunity to return to the City Council with his comments after 30 days. Motion was seconded by Kelly and carried by a 3-0 vote, with Councilmember Benson and Mayor Pro Tem Ferguson ABSENT. B. REQUEST FORAWARD OF CONTRACT FOR THE CITY HALL LIGHTING RETROFIT PROJECT (CONTRACT NO. C23290B). Mr. Ortega noted the staff report and recommendation in the packets. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Positive Energy, Glendora, California, in the amount of $ $23,593.60, authorize a 10% contingency for the project in the amount of $2,359.36, and appropriate said funds from Fund 400; 2) authorize the Mayor to execute said contract. Motion was seconded by Kelly and carried by a 3-0 vote, with Councilmember Benson and Mayor Pro Tem Ferguson ABSENT. C. REQUEST FOR APPROVAL OF CONTRACT WITH THE CITY OF RANCHO MIRAGE FOR DESIGN AND CONSTRUCTION OF LANDSCAPED MEDIANS ON MONTEREY AVENUE FROM COUNTRY CLUB DRIVE TO HOVLEY LANE WEST (CONTRACT NO. C23700). Councilman Kelly moved to, by Minute Motion, authorize the Mayor to execute the subject contract with the City of Rancho Mirage — funding for Palm Desert's portion is available in the Measure "A" Fund, Account No. 213-4371-433-4001. Mayor Crites said he wanted to make sure residents in the area understood that a separate item for consideration by the Council would be prohibiting left turns from Sagewood onto southbound Monterey Avenue, and this consideration would be prior to completion of the final median design. Public Works Director Michael Errante noted that while the plans reflected that the left turn would be prohibited, correspondence would be sent to residents indicating that this is a recommendation only at this point. He said while the design was substantially complete, this was a modification that could be done rather easily. He added that the project had not yet gone to bid. Councilman Kelly agreed to amend his motion to include the understanding that the issue of prohibiting left turns from Sagewood onto southbound Monterey Avenue would be 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 given further separate consideration before completion of the final median design. Motion was seconded by Spiegel and carried by a 3-0 vote, with Councilmember Benson and Mayor Pro Tem Ferguson ABSENT. 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 D. REQUEST FOR AUTHORIZATION TO TRANSFER FUNDS FROM MONUMENTATION DEPOSIT FUND AND AWARD A CONTRACT FOR MONUMENTATION AND DOCUMENTATION SERVICES. Mr. Errante requested that this matter be continued to the meeting of June 23, 2005. Councilman Spiegel moved to continue this matter to the meeting of June 23, 2005. Motion was seconded by Kelly and carried by a 3-0 vote, with Councilmember Benson and Mayor Pro Tem Ferguson ABSENT. E. REQUEST FOR AUTHORIZATION TO SELL 20.845 ACRES TO THE PALM DESERT REDEVELOPMENT AGENCY FOR THE DEVELOPMENT OF AFFORDABLE, SINGLE-FAMILY HOUSING. Mr. Ortega noted the staff report and recommendation in the packets. Councilman Spiegel moved to, by Minute Motion: 1) Authorize the sale of 20.845 acres to the Redevelopment Agency for the fair market value price of $1,256,600; 2) authorize the Mayor to execute the Purchase and Sale Agreement (Contract No. R23720) and all other necessary documentation to facilitate the sale. Motion was seconded by Kelly and carried by a 3-0 vote, with Councilmember Benson and Mayor Pro Tem Ferguson ABSENT. XV. CONTINUED BUSINESS ►= XVI. OLD BUSINESS NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. A. REQUEST FOR INTERPRETATION OF MITIGATION MEASURE WITH REGARD TO DEVELOPMENT AT BIGHORN. Mayor Crites noted the letterfrom Carl Cardinalli, Vice President of Bighorn, requesting that this be withdrawn from consideration. Councilman Spiegel moved to, by Minute Motion, accept BIGHORN's letter of withdrawal. Motion was seconded by Kelly and carried by a 3-0 vote, with Councilmember Benson and Mayor Pro Tem Ferguson ABSENT. 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL REGARDING PLANNING COMMISSION APPROVAL OF AN EXPANSION OF THE SACRED HEART ELEMENTARY SCHOOLAND CONSTRUCTION OF NEW PARKING LOTS WITH 158 SPACES AT 43-775 DEEP CANYON ROAD Case No. CUP 04-13 (Roman Catholic Bishop of San Bernardino, Applicant) (Thomas W. McCutchen, Appellant) (Continued from the meeting of March 24, 2005). Mayor Crites declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. No testimony was offered. Councilman Spiegel moved to, by Minute Motion, continue the public hearing to a date uncertain to allow time for a supplemental traffic analysis to be completed and reviewed by staff. Motion was seconded by Kelly and carried by a 3-0 vote, with Councilmember Benson and Mayor Pro Tem Ferguson ABSENT. B. REQUEST FORAPPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE PORTOLA BRIDGE OVER THE WHITEWATER CHANNEL PROJECT (NO. 647-04) (City of Palm Desert, Applicant) (Continued from the meeting of April 14, 2005). Mr. Errante reviewed the staff report, noting that two responses had been received as a result of notifications that were sent out. The letter from South Coast Air Quality Management District requested that the following statement be included for the record: "That mitigation measures 3-1, 3-2, and 3-3 as identified in the Mitigated Negative Declaration, be incorporated in the construction documents for the Portola Avenue Bridge Project." Upon question by Mayor Crites, he responded that staff had no objection to that. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, he declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-32, approving the Mitigated Negative Declaration of Environmental Impact for the Portola Bridge over the Whitewater Channel Project and adding the requested mitigation measures to the Mitigated Negative Declaration, as specified. Motion was seconded by Kelly and carried by a 3-0 vote, with Councilmember Benson and Mayor Pro Tem Ferguson ABSENT. 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 C. REQUEST FORAPPROVAL OF THE ONE-YEARACTION PLAN, OUTSIDE AGENCY FUNDING COMMITTEE'S FY 2005/06 FUNDING RECOMMENDATIONS. Mr. Ortega noted the staff report and recommendations in the packet, adding that staff was available to answer any questions. Mayor Crites declared the public hearing open and invited testimony. MS. EILEEN PACKER, Executive Director of the Stroke Recovery Center, 2800 E. Alejo Road, Palm Springs, said her organization had provided services for the entire Coachella Valley for the past 27 years. The Center was requesting CDBG funds to renovate its existing parking lot. The renovation would increase the number of handicap spaces, install safety barriers, and widen the existing spaces. Mayor Crites noted that staff's recommendation was to approve $50,000 for the Stroke Recovery Center. MS. KAREN MERRITT said she was Project Director for Safe House of the Desert, which was an expansion program of Operation SafeHouse, based in Riverside, and had offered emergency shelter services for runaway, throwaway, and homeless youth for over 15 years. She reviewed the center that would be built in Thousand Palms to serve the entire Coachella Valley. Upon question by Councilman Spiegel with regard to how long the youth can stay in the facility, she responded that State licensing requires a 14-day emergency shelter designation; anything over that is considered a foster home. Youth staying at the facility would be transferred to foster care after the 14 days. She added that the Thousand Palms facility was Phase I of a three-phase plan. Phase II would be to build transitional housing for kids who are within six months of their 181" birthday as well as those youth who are being emancipated out of the foster care system who do not have the life skills to take care of themselves. Phase III was another shelter down -Valley. Mayor Crites noted that the staff report recommended $125,000 for this organization. With no further testimony offered, Mayor Crites declared the public hearing closed. Councilman Spiegel moved to, by Minute Motion: 1) Approve the Outside Agency Funding Committee's FY 2005/06 funding recommendations and staff adjustment based on HUD (U.S. Department of Housing and Urban Development) allocation; 2) authorize the City Manager to sign the One-year Action Plan Certifications; 3) approve One-year Action 14 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 Plan; 4) authorize staff to submit the Action Plan to HUD. Motion was seconded by Kelly and carried by a 3-0 vote, with Councilmember Benson and Mayor Pro Tem Ferguson ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK Mrs. Klassen reminded the City Council of the University Planning Committee Meeting scheduled for next Friday, May 6, at 10:00 a.m. at the UCR-Heckmann Center, Palm Desert. D. PUBLIC SAFETY o Fire Department Battalion Chief Holloway reported: 1. Small fire in the Panda Express Restaurant building at the Albertson's Center, Highway 111/Deep Canyon, on Wednesday night. He said it appeared a drier had malfunctioned and caused the blaze. However, the on -site fire suppression system worked as it should have, and there was minimal fire damage; however, the business sustained heavy water damage. 2. Palm Desert Firefighters continued to participate in the Reading Program at Lincoln Elementary School, which was going strong and benefiting both students and firefighters. He said last week the school hosted a thank -you lunch for the Reader -Firefighters, which was greatly appreciated. o Police Department None 15 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of a Letter from Desert Breezes. With City Council concurrence, consideration of this matter was deferred to the second meeting in May, as requested by the Desert Breezes Association Board of Directors. 2. Bananaz — Councilman Spiegel asked about status of the demolition of the former Bananaz location. Mr. Hamidzadeh responded that the mandatory asbestos removal had not occurred yet because the firm contracted for this purpose had been delayed about 5-7 days. Otherwise, he said everything was ready and estimated the demolition would be completed within a couple of weeks. 3. Landscapina for Homeowners' Associations — Mayor Crites said he had received an inquiry from a resident of a gated community who had converted his landscaping from turf to drought -tolerant. The resident was then notified by his homeowners' association (HOA) that he was in violation of its rules, which required 85% turf. He asked the City Attorney to review the City's landscape ordinance and its water requirements and how it applies to the City's property owners who were part of such an association. He wondered if an HOA could enforce a condition that is less restrictive about water use than the City ordinance. Mr. Erwin said he would look into the matter and have a report by the next Council Meeting. o City Council Committee Reports: None o City Council Comments: 1. Convention & Visitors Authoritv (CVA) — Mayor Crites said he noted with much interest comments in the past week's Desert Sun about some of the long-term dissatisfaction with the 16 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 operation of the CVA. He felt that under the control of Mr. Fife, the CVA seemed to primarily market Palm Springs and neglected the other eight cities in the Coachella Valley. He hoped that the successor President/CEO of the CVA would give appropriate visibility to all of the communities in the Coachella Valley; every city needed to receive fair recognition and response for the amount of money it put toward the Valley - wide Authority. Councilman Kelly offered that he felt the name "Coachella Valley" had become increasingly recognizable; however, it needed more promotion to further boost visibility. He noted that in watching a lot of golfing events on television, the Coachella Valley was already a well-known destination in the golf industry. Mayor Crites agreed and hoped that the CVA would pursue marketing the area as the "Coachella Valley," rather than as one particular entity, and broaden what has formerly been a narrow and parochial focus in this regard. XIX. ADJOURNMENT Upon motion by Spiegel, second by Kelly, and a 3-0 vote by the City Council (Councilmember Benson and Mayor Pro Tem Ferguson ABSENT), Mayor Crites adjourned the meeting at 5:05 p.m. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA BUFORD A. CRITES, MAYOR 17