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HomeMy WebLinkAboutPRELIM - CC - 10/12/06vA PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 12, 2006 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Ferguson convened the meeting at 3:02 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tern Richard S. Kelly Councilman Robert A. Spiegel Mayor Jim Ferguson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Robert W. Hargreaves, Assistant City Attorney Stephen Y. Aryan, Assistant to the City Manager Sheila R. Gilligan, ACM for Community Services Justin McCarthy, ACM for Redevelopment Mark Greenwood, Acting ACM for Development Services Rachelle D. Klassen, City Clerk Joseph S. Gaugush, City Engineer Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs Travis Witten, Battalion Chief, Palm Desert/Riverside Co. Fire Dept./CDF Steve Thetford, Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Reouest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 1) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite Nos. 210 & 212, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Wilson, Pesota & Fox Under Negotiation: x Price x Terms of Payment Mr. Hargreaves stated there was an additional Property Negotiation Item that needed to be added to the Closed Session Agenda. Upon a motion by Kelly, second by Benson, and 3-0 vote of the City Council, with Spiegel ABSENT, Property Negotiation Item No. 2 was added to the agenda. 2) Property: NEC Gerald Ford Drive/Portola Avenue Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 With City Council concurrence, Mayor Ferguson adjourned the meeting to Closed Session at 3:04 p.m. He reconvened the meeting at 4:00 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENTS TO THE PALM DESERT YOUTH COMMITTEE. Councilman Spiegel moved to, by Minute Motion, appoint HunterYoung and Donald Griffith to the Palm Desert Youth Committee (term 12/31/06). Motion was seconded by Kelly and carried by a 4-0 vote. 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 28, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 63 and 66. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#565) by Lu Cille Kelly in the Amount of $1,650,000. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. D. REQUEST FOR APPROVAL of Authorized Securities Broker for the City of Palm Desert (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, approve First Tennessee Bank as an authorized securities broker for the City of Palm Desert. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Got Business, Inc., for Paseo Palms Bar and Grill, 73-040 El Paseo, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Santa Maria Foods, Inc., for Town Center Cafe, 44-491 Town Center Way, Suite A, Palm Desert. Rec: Receive and file. G. YOUTH COMMITTEE MINUTES for the Meeting of September 12, 2006. Rec: Receive and file. H. RESIGNATION of Nick Talboys — Youth Committee. Rec: Receive with very sincere regret. K PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 I. REQUEST FOR ADOPTION of Resolutions Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt: 1) Resolution No. 06-132 - May 2006 Records; 2) Resolution No. 06-133 - June 2006 Records; 3) Resolution No. 06-134 - July 2006 Records. J. REQUEST FOR DECLARATION of Surplus Property and Authorization for Appropriate Disposal — Desert Willow Miscellaneous Equipment. Rec: By Minute Motion, declare the items listed on the accompanying Staff Report's Exhibit "A" as surplus property and authorize disposal. K. REQUEST FOR APPROVAL of Agreement for Printing of the 2007 Community Calendar (Contract No. C25850). Rec: By Minute Motion, approve the subject agreement with Papillon Graphics, Palm Desert, California, in the amount of $25,656 — funds are available in Account No. 110-4417-414-3091. L. CONSIDERATION of a Requestfor Funding forthe 2007 Easter Bowl Junior Tennis Tournament. Rec: By Minute Motion, concur with the Marketing Committee's recommendation to deny the subject request for a $25,000 sponsorship. M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C24670 — Landscaping Installation on Country Club Drive Medians from Tamarisk Row Drive to Harris Lane (Project No. 933-04) (Pink, Inc., Palm Desert, 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. N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C19250A — Construction of the Corporation Yard Expansion (Project No. 715-00) (WDL Construction, Palm Desert, 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. C! PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 O. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract No. 31860 (Palm Desert Terracina, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security for Tract No. 31860. P. REQUEST FOR APPROVAL of the Subdivision Map of Tract No. 31836 (Dahoon Investment Company, Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 06-135, approving the Subdivision Map of Tract No. 31836. Q. REQUEST FOR APPROVAL of Parcel Map No. 33736 (Palm Desert Associates, Applicant). Rec: Waive further reading and adopt Resolution No. 06-136, approving the map of Parcel Map No. 33736. Upon motion by Kelly, second by Spiegel, and 4-0 vote of the City Council, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS A. RESOLUTION NO. 06-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, IN CONNECTION WITH THE PROPOSED SECTION 29 ASSESSMENT DISTRICT TO APPROVE THE FORM OF A JOINT FACILITIES AGREEMENT AND TO APPROVE THE FORM OF A DEPOSIT AND REIMBURSEMENT AGREEMENT. Mayor Pro Tern Kelly moved to waive further reading and adopt Resolution No. 06-137. Motion was seconded by Spiegel and carried by a 4-0 vote. IX. ORDINANCES For Introduction: None For Adoption: None 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 X. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT FOR CONSTRUCTION OF LANDSCAPE IMPROVEMENTS IN THE PORTOLA AVENUE MEDIAN BETWEEN FAIRWAY DRIVE AND CHICORY STREET (CONTRACT NO. C2502013, PROJECT NO. 926-06). Councilmember Benson moved to, by Minute Motion, authorize the City Manager to award the subject contract to the lowest responsive bidder in an amount not to exceed $80,000 and to execute same — funds are available in Account No. 400-4614-433-4001. Motion was seconded by Kelly and carried by a 4-0 vote. B. REQUEST FOR AWARD OF CONTRACT FOR PHASE I SEWER IMPROVEMENTS FOR ASSESSMENT DISTRICT 29, NO. 2004-02 (CONTRACT NO. C25570). Mayor Pro Tern Kelly moved to, by Minute Motion, award the subject contract to Jones Bros. Construction, Coachella, California, in the amount of $634,200, authorize a 10% contingency for the project and the Mayor to execute said contract, subject to Coachella Valley Water District's approval of the Joint Facilities Agreement for the Section 29 Assessment District — funds are available in Account No. 469-4350-433-4001. Councilman Spiegel asked why Dateland Construction's bid was twice the amount submitted by the lowest bidder. Mr. Greenwood said he informally heard that an error was made in their estimate. Motion was seconded by Spiegel and carried by a 4-0 vote. C. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE COUNTRY CLUB DRIVE PAVEMENT REHABILITATION IMPROVEMENTS FROM COOK STREET TO ELDORADO DRIVE (CONTRACT NO. C25730, PROJECT NO. 646-06). Mayor Pro Tern Kelly moved to, by Minute Motion: 1) Award the subject contract to Matich Corporation, San Bernardino, in the amount of $566,566 and authorize the Mayor to execute same; 2) approve a 10% contingency for the project in the amount of $56,656 — funds are available in Account No. 110-4311-433-3320. Motion was seconded by Benson and carried by a 4-0 vote. R PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 D. REQUEST FOR EXTENSION OF CONTRACT FOR ON -CALL CITYWIDE TRAFFIC SIGNAL SUPPORT SERVICES (CONTRACT NO. C24881). Councilman Spiegel moved to, by Minute Motion, approve extension of the subject contract to Republic ITS (formerly Republic Electric), Anaheim, California, for Fiscal Year 2006/07 in an amount not to exceed $80,000 and authorize the Mayor to execute same — funds are available in Account No. 110-4250-433-3325. Motion was seconded by Kelly and carried by a 4-0 vote. E. REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS FOR LANDSCAPE MAINTENANCE AREA NO. 6 AND EXTEND ITS EXISTING CONTRACT. Councilman Spiegel moved to, by Minute Motion: 1) Reject all bids received for Landscape Maintenance Area No. 6 (Contract No. C25740); 2) authorize the City Manager to extend the existing Landscape Maintenance Area No. 6 contract with Vintage Associates, Bermuda Dunes, California, on a month -to -month basis for up to six months; 3) authorize a 5% monthly price increase for Contract No. C23630; 4) direct staff to pursue professional horticultural service for Landscape Maintenance Area No. 6 through the Request for Qualifications (RFQ) process — funds are available in Account No. 241-4195-495-3320. Motion was seconded by Kelly and carried by a 4-0 vote. F. REQUEST FOR EXTENSION OF PROFESSIONAL SERVICES CONTRACT FOR WEBSITE CONSULTING — SEPTEMBER 2006 THROUGH JUNE 2007 (CONTRACT NO. C23181). Councilman Spiegel moved to, by Minute Motion, approve the subject contract extension with Kimberly Corak, Website Consultant, Tempe, Arizona, in an amount not to exceed $55,000. Motion was seconded by Kelly and carried by a 4-0 vote. G. CONSIDERATION OF A REQUEST FOR FUNDING FOR THE DA VINCI EXPERIENCE EXHIBITION AT THE PALM SPRINGS AIR MUSEUM. Councilman Spiegel stated the Marketing Committee looked at the request and unanimously decided to deny it. In the meantime, he and Mayor Pro Tern Kelly decided it should be discussed at the next Two by Two Committee meeting with Desert Sands to see if it makes sense to work with them so that the students could go see the Da Vinci Experience, just as it's been done in the past with the Museum. After the Two by Two Committee meeting, it will be brought back to decide the funding amount. Councilman Spiegel moved for staffs recommendation. Mayor Pro Tern Kelly suggested going through the Education Committee. 7 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 Councilman Spiegel said that's why it's being taken to the Two by Two Committee to see if it's justified by the School District and for a dollar amount to be determined. Mayor Ferguson suggested continuing the matter to a date uncertain. Councilman Spiegel agreed to amend his motion to, by Minute Motion, continue the matter to a date uncertain. Motion was seconded by Kelly and carried by a 4-0 vote. Mayor Pro Tern Kelly noted they were not denying the concept but looking at the matter from a different standpoint. H. CONSIDERATION OF A REQUEST FOR SUPPORT OF A CALIFORNIA WELCOME CENTER LOCATED IN BANNING. Councilman Spiegel moved to, by Minute Motion, concur with the Marketing Committee's recommendation to support the placement of a new California Welcome Center in Banning. Motion was seconded by Kelly. Councilmember Benson pointed out that the letter was also requesting financial assistance, not in any specific amount, but she suggested a $10,000 pledge. Marketing Manager Kristy Kneiding said the initial report only requested a letter of support. However, in the subsequent letter received, they are requesting funding. In the meantime, a newspaper article has come out announcing the Welcome Center in San Bernardino, but she has been unable to confirm if the information is correct. Councilman Spiegel noted that the Marketing Committee would meet the following week and suggested returning the matter to the Marketing Committee for a dollar amount recommendation. Ms. Kneiding agreed and stated it would give her time to investigate whether the State of California has actually granted San Bernardino the Welcome Center. Mayor Ferguson remarked that the Outside Agency applications would be out in January, and these types of requests came in year-round and funneled through that process all at once. He suggested giving them a letter of recommendation and having them proceed through the Outside Agency process. Mayor Pro Tern Kelly stated this was not an Outside Agency, it was a marketing matter and a different budget. 0 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 Councilmember Benson agreed that it go back to the Marketing Committee for a recommendation. Councilman Spiegel moved to, by Minute Motion continue this matter in order to refer it back to the Marketing Committee for further consideration. Motion was seconded by Kelly and carried by a 4-0 vote. XI. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF FIRST AMENDMENT TO THE SOLID WASTE FRANCHISE AGREEMENT RELATIVE TO THE ASSIGNMENT FROM WASTE MANAGEMENT OF THE DESERT TO BURRTEC WASTE INDUSTRIES (CONTRACT NO. C17230A) (Continued from the meeting of September 28, 2006). Mayor Ferguson noted that his prior legal representation of Waste Management would be the reason he would not be participating in any discussion or action on this matter. He then recused himself from the Council Chamber and asked Mayor Pro Tern Kelly to preside. Mr. Ortega stated the Amendment was the actual transfer from Waste Management to Burrtec. When the Council previously considered it, staff had some contingencies that have now been fulfilled. The Council requested the Agreement be brought back for formal approval once the contingencies were fulfilled, even though the transfer has already been approved. Councilman Spiegel commented that nothing would change for the residents of Palm Desert with this transfer. Mr. Ortega agreed. MR. FRANK ORLETT, District Manager of Burrtec Waste and Recycling Services, said he was available for questions. Councilmember Benson said the trash bin at First Bank on the corner of Monterey and Highway 111 is identified as Western Waste. She said it has been that way for a long time and looked awful; she wondered if it was going to be rectified. Mayor Pro Tem Kelly added that Burrtec trucks also needed to be cleaned. MR. ORLETT said he would fix them immediately. Councilman Spiegel moved to, by Minute Motion, approve the First Amendment to the Solid Waste Franchise Agreement, contingent upon approval of the items listed in Finding Nos. 6 and 7 of the Review of Proposed Assignment of Solid Waste Agreement Report prepared by Hilton, Farnkopf & Hobson, LLC, dated April 17, 2006. Motion was seconded by Benson and carried by a 3-0 vote, with Mayor Ferguson ABSENT. 9 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 XII. OLD BUSINESS A. CONSIDERATION OF INCORPORATING AN ADDITIONAL ELEMENT IN HEATH SATOW'S ENTRANCE SIGN/SCULPTURE AT THE SOUTHEAST CORNER OF MONTEREY AVENUE AND DINAH SHORE DRIVE. Councilman Spiegel stated he liked the modifications made to the sculpture but wondered where the lettering of Palm Desert would go. Public Arts Manager Richard Twedt replied that an additional rock element that was 12 feet long and 3'/2 feet tall would be added. He's worked with the artist on the positioning of it because it was critical not to block the outline of the lizard. In his estimation, he felt the rock element needed to be placed to the right or left of the sculpture with a small setback where it would be easily seen by traffic passing by. He stated that Southern California Edison worked with Mr. Rothbart in giving him the easement between the two large power lines, and he would follow-up to make sure the City was not encroaching on the sewer line. He added that the artist thought the modifications were an improvement to the entrance sculpture site as well. In response to Mayor Ferguson's question regarding the two renderings submitted, Councilman Spiegel responded that one represented its present look, and the other was the modified proposal. Mr. Twedt stated they were the two options, and for an extra $2,000, the small "Palm Desert" lettering could be taken off; that facet of the rock would be rewelded and matched. Councilman Spiegel asked if that was staffs preference, Mr. Twedt replied that it was. Councilman Spiegel moved to, by Minute Motion, directed staff to pursue the proposal that relocates the "Palm Desert" identification component to a stone marker in front of the artwork and removes it from the sculpture itself. Motion was seconded by Benson and carried by a 4-0 vote. XIII. PUBLIC HEARINGS A. REQUEST FORAPPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR SECTION 29 MASTER PLAN OF INFRASTRUCTURE, ASSESSMENT DISTRICT NO. 2004-2 (City of Palm Desert, Applicant) (Continued from the meeting of September 28, 2006). Mr. Ortega stated this item was related to two other items on the agenda and staff was available to answer questions. Mr. Drell agreed. 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 In response to Councilman Spiegel's question, Mr. Drell replied that it was a large area, similar to the other district that was formed, and it finishes out the infrastructure of the City. Mayor Ferguson declared the public hearing open on the Assessment District for approximately one section of land in the northern sphere of the City and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Mayor Pro Tern Kelly moved to waive further reading and adopt Resolution No. 06-138 in connection with the proposed formation of the City of Palm Desert Section 29 Assessment District, making environmental findings and adopting a Mitigated Negative Declaration. Motion was seconded by Spiegel and carried by a 4-0 vote. Councilmember Benson stated she had a question for Mr. Orlett with Burrtec Waste and Recycling Services. Mayor Ferguson once again recused himself from the Council Chamber due to his previous affiliation with Waste Management and asked Mayor Pro Tern Kelly to preside. Councilmember Benson asked if Burrtec was going to work to improve the trash containers and educate the public and commercial community concerning strategies to eliminate the potential for the breeding of flies; she wondered why not Citywide. Mr. Drell replied they are addressing that throughout the City, but it was mentioned in response to the Negative Declaration comment made by the Coachella Valley Mosquito and Vector Control District regarding flies. He agreed there are some areas that are a problem. B. CONSIDERATION OF THE VACATION OF INTERIOR STREETS WITHIN RILINGTON COMMUNITIES' DOLCE PROJECT, TRACT NO. 31071 (Rilington Communities, Applicant). Mr. Ortega stated this item involved a vacation; the report indicated that the streets were recorded as public, and the Applicant wants to make them private. One of the conditions is that there needs to be a public hearing to see if there are any objections. In response to Councilman Spiegel's question, Mr. Greenwood confirmed the streets were in a homeowners association and the streets would be maintained by it. 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 Mayor Ferguson 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 adopt Resolution No. 06-139, vacating the interior public streets within Rilington Communities' Dolce Project, Tract No. 31071. Motion was seconded by Kelly and carried by a 4-0 vote. XIV. REPORTS AND REMARKS A. CITY MANAGER Consideration of Request for Financial Assistance — East Valley Memorials Foundation. In response to Mayor Ferguson's comment, City Clerk Rachelle Klassen clarified this item was on the agenda, but a subsequent letter was received stating they were unable to attend today. Councilman Spiegel asked what was the amount requested and Councilmember Benson replied there was no specific amount noted. Mayor Pro Tern Kelly moved to, by Minute Motion, refer to the Outside Agency Funding Committee for recommendation. Motion was seconded by Spiegel and carried by a 4-0 vote. 2. Section 29 Assessment District — Mr. Ortega noted that the City Council had taken several actions today relative to the Assessment District that would ultimately fund and construct public improvements, such as widening of Monterey Avenue all the way to Gerald Ford Drive. He presented City Councilmembers with a construction schedule of the upcoming work (copy on file and of record in the City Clerk's Office). Responding to Mayor Pro Tern Kelly's question, Mr. Greenwood responded that if everything goes according to schedule, all the work was expected to be completed by November 2007. In further response to Councilman Spiegel, he said the improvements on Portola Avenue and Dinah Shore Drive were expected by mid - July 2007. 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: Hiahwav 74 Roadwork — Councilman Spiegel said he was aware Caltrans was doing the work on Highway 74, and he wondered if there was any estimated completion date. In response, Mr. Greenwood said it was a complete surprise to City staff when Caltrans started the work. He said a number of frantic telephone calls were made to advise that the Samsung Golf Tournament was going to be in town this week. As a result, they buttoned up the job and moved offsite for this week; hopefully, they will resume next week. He said it shouldn't be more than about two weeks' worth of work. Councilman Spiegel asked staff to request that the resurfacing work be accomplished at night. Mr. Greenwood said that staff could make that request. However, the last time Caltrans resurfaced Highway 74, it was done at night, with several complaints received about the noise from all the back-up buzzers, etc. Mayor Ferguson felt the main issue was being advised of when the work would be done so that appropriate announcements can be made regarding alternative routes. 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 Mr. Greenwood agreed to make contact with Caltrans and obtain firm dates regarding their construction schedule. 2. November Citv Council Meetinq — Councilmember Benson remarked in the past when there was only one November meeting, sometimes it was held on the third Thursday instead of the second. She said since the opening of the Art of Food & Wine Festival is scheduled to be held on El Paseo on November 9, she asked for her colleagues' concurrence with rescheduling the November 9 Meeting to November 16. She said this would allow City Councilmembers to participate in the opening ceremony. Mayor Ferguson said he'd discussed the matter with Councilman Spiegel, and since it is the inaugural Palm Desert Art of Food & Wine Festival, it would be important for the City Council to be there. With City Council concurrence, directed that the regular City Council Meeting of November 9 be adjourned to November 16. 3. Helmet Law for Bicvclists — Councilman Spiegel asked if the City's Police Chief had any response to Mr. Schiff's comments made earlier in the meeting during Oral Communications - B on the Redevelopment Agency Agenda. Captain Thetford responded that he'd taken note of the issue and felt the school provided a good response; the School District cannot issue citations to the students. However, the School Resource Officer can pay closer attention to the students coming onto campus, and the Police can run a program there to address the issue and monitor its extent. He said citations may be issued that are similar to "fix -it" tickets for cars; if they receive a citation, students can come down to one of the substations and go through a short video. Then, if they can prove that they have a helmet, the ticket can be signed off. If the student doesn't have the ability to obtain a helmet, there is a program to provide them with one. o City Council Committee Reports: None 14 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 o City Council Comments: Ronald Reagan Elementary School — Mayor Ferguson noted that yesterday most of the City Council was privileged to attend the dedication of Ronald Reagan Elementary School at a standing -room -only event. He said it was a particularly proud moment for the City, looking back on how it obtained 30 acres of land for a park in that location, worked with the School District to locate a school there, and wanted to honor freedom, as opposed to peace, hence the naming of Freedom Park. But he didn't think anyone really understood how all the elements came together, with the City's Sister Ship relationship with the U.S.S. Ronald Reagan, home port of San Diego, the Captain was present with 20 flag officers, the Desert Sands Unified School District Board of Education was present, the students, teachers, and parents were there, along with the City Council, and it became clear to everyone why freedom was being honored during the dedication of a beautiful new school next to a beautiful new park. He thanked Councilman Spiegel, as the liaison to the Parks & Recreation Commission, for this project. XV. ORAL COMMUNICATIONS - C None XVI. ADJOURNMENT With City Council concurrence, Mayor Ferguson adjourned the meeting at 4:44 p.m. ATTEST RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JIM FERGUSON, MAYOR 15