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HomeMy WebLinkAbout2000-07-31MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY MONDAY, JULY 31, 2000 CIVIC CENTER COUNCIL CHAMBER 9:00 A.M. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor/Chairman Crites convened the meeting at 9:00 a.m. II. PLEDGE OF ALLEGIANCE - Councilman/Member Richard S. Kelly III. INVOCATION - Councilmember/Member Jean M. Benson IV. ROLL CALL Present: Councilmember/Member Jean M. Benson Mayor Pro-Tempore/Vice Chairman Jim Ferguson Councilman/Member Richard S. Kelly Councilman/Member Robert A. Spiegel Mayor/Chairman Buford A. Crites Also Present: Carlos L. Ortega, Acting City Manager and RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, Acting Assistant City Manager Rachelle D. Klassen, Acting City Clerk Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Joseph S. Gaugush, Engineering Manager V. ORAL COMMUNICATIONS - A None MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY JULY 31, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR A. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 5PD Office Complex, 6PD Office Complex, 2RDA, 3RDA, 4RDA, SRDA, 6RDA, 8RDA, 9RDA, 2-Housing, 3-Housing, 4-Housing, 5-Housing, 8-Housing, and 9-Housing. Rec: Approve as presented. B. CLAIM AGAINST THE CITY (#423) by Robert P. Berner in the Amount of $393.39. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. C. CLAIM AGAINST THE CITY (#424) by Lissete Barraza and Ismael Rivera in an Unspecified Amount. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#425) by Gail Little in the Amount of $500.00. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. E. CLAIM AGAINST THE CITY (#426) by Nick Zavales in an Unspecified Amount. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. F. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Installation of Courtyard Lighting in the Public Library Wing of the Multi -Agency Library (Contract No. C18090). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project upon completion of working drawings and specifications -- funds are available in Account No. 452-4662-454-4001. 2 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY JULY 31, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. REQUEST FOR APPROVAL of Contract Renewal for Street Sweeping Services (Contract No. C16651). Rec: By Minute Motion, approve renewal of the subject contract with SunLine Services Group, Thousand Palms, California, in the amount of $18.00 per curb mile from September 1, 2000, to June 30, 2001. H. REQUEST FOR APPROVAL of Contract for Sister Cities Garden Installation (Contract No. C17820). Rec: By Minute Motion: 1) Approve the subject contract with The Watling Company, Palm Desert, California, in an amount not to exceed $18,000; 2) appropriate said funds for the project from the Unobligated General Fund. I. REQUEST FOR RESCISSION of Contract for Completion of the Restoration of the "Desert Road" Perimeter Fence at Washington Charter School (Contract No. C18060). Rec: By Minute Motion: 1) Rescind the subject contract with Artist Raymond D. Hunter; 2) authorize staff to select and negotiate with a local artist for artistic services to complete the restoration in an amount not to exceed $7,500. J. REQUEST FOR APPROVAL of Amendment to Agreement with Hilton, Farnkoph & Hobson for Solid Waste Consulting Services (Contract No. C15690). Rec: By Minute Motion, approve an amendment to the scope of services for the subject agreement and an increase of an amount not to exceed $15,000 to cover the cost of said services. K. REQUEST FOR APPROVAL of Final Tract Map 25296-6 (BIGHORN Development, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 00-95, approving the final subdivision map of Tract No. 25296-6. L. REQUEST FOR APPROVAL of Final Parcel Map 29166 (Gary W. Lyons, Applicant). Rec: Waive further reading and adopt Resolution No. 00-96, approving Parcel Map No. 29166. 3 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY JULY 31, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon a motion by Councilman/Member Spiegel, second by Mayor Pro-Tem/Vice Chairman Ferguson, the Consent Calendar was approved as presented on a unanimous vote of the City Council/Agency Board with Mayor Pro-Tem/Vice Chairman Ferguson ABSTAINING from the vote on Item J. VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS A. HEARING ON PROPOSED RESOLUTION OF NECESSITY - GREEN WAY REALIGNMENT. Mr. Ortega stated the matter was not a hearing for the public, per se; it was a hearing to consider whether or not a resolution of necessity would be adopted. He said the only person that needed to appear was the property owner, further noting that the item had been advertised for 10:00 a.m. Mr. Erwin added that the notice was made when the City Council first set the time of the meeting at 10:00 a.m.; it was later changed to 9:00 a.m. With concurrence of the City Council/Agency Board, the subject hearing was held for consideration after 10:00 a.m. Subsequent to reconvening the meeting at 10:07 a.m., the following discussion and action occurred. Mayor/Chairman Crites declared the hearing open for testimony. With no testimony offered, he declared the hearing closed. Mayor Pro-Tem/Vice Chairman Ferguson moved to waive further reading and adopt Resolution No. 00-97, declaring that the acquisition of certain real property by eminent domain is necessary for widening and realignment of Green Way. Motion was seconded by Councilman/Member Kelly and carried by a 3-0 vote with Councilmember/Member Benson and Councilman/Member Spiegel ABSENT. 4 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY JULY 31, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CONSIDERATION OF A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION FOR A PROJECT LOCATED AT 73-495 HIGHWAY 111 (Tim Bartlett, Applicant). Mr. Drell provided Council/Agency Board Members with copies of new elevations for the proposed project. He said additional windows had been added on the San Pablo elevation, the color had been changed from gray to an earth tone, the domed entry was changed to a tiled pyramid, and the elevations now showed the building more in context with the landscaping. In response to question by Councilman/Member Spiegel, Mr. Drell said he believed the second floor was still there, and in terms of height, it was pretty well disguised. Councilman/Member Spiegel stated he didn't feel the concern was with the height but with its appearance from one side. Councilmember/Member Benson and Mayor Pro-Tem/Vice Chairman Ferguson responded that had been changed. Mr. Drell offered that the Applicant was in attendance to answer any questions. Mayor Pro-Tem/Vice Chairman Ferguson moved to, by Minute Motion, approve the redesigned plan for the project at 73-495 Highway 111. Motion was seconded by Councilman/Member Spiegel and carried by unanimous vote. C. REOUEST FOR APPROVAL OF UTILITY UNDERGROUNDING ON HIGHWAY 74. Special Projects Administrator Pat Conlon reported that through the diligent efforts of Public Works Director Richard Folkers, a means to begin all three phases of Highway 74 undergrounding in the current fiscal year was found. He said those funds could be reallocated to the subject project; it would take approximately four months to complete engineering, with completion of the work anticipated by Spring 2001. He further noted that a meeting of the Undergrounding Steering Committee was held where this project was discussed, along with others, and it was the recommendation of that body to bring the project forward to the City Council for review and approval. Councilmember/Member Benson moved to, by Minute Motion: 1) Authorize the Director of Finance to re -budget Plan 2010 Funds (Fund No. 400) from the following projects: a) Warner Trail/Fred Waring Drive drainage project ($1.8 million); b) major street landscaping ($300,000) -- totaling $2.1 million for use in FY 2000/01 for the undergrounding of overhead utility lines on Highway 74; 2) authorize Southern California Edison (SCE) to complete engineering and construction work order for the City Council's review and approval. Motion was seconded by Mayor Pro-Tempore/Vice Chairman Ferguson and carried by unanimous vote. 5 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY JULY 31, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR AUTHORIZATION TO SOLICIT PROPOSALS FOR DESIGN SERVICES FOR THE CITY OF PALM DESERT'S BUS SHELTER IMPROVEMENT PROGRAM (CONTRACT NO. C18100). Mrs. Gilligan explained that a subcommittee consisting of staff and Councilman/Member Kelly had been established to look ahead at the City's Bus Shelter Program and how to best implement it. She said part of that included development of a design for the site at San Pablo/Highway 111, a very significant location in the program. Therefore, she said staff recommended soliciting/advertising for proposals within the next month for such design, in addition to soliciting three separate architects for a design that could be used in the future as a redesign for the entire program. Further, she said the subcommittee was also considering future funding for bus shelters, and it would return to City Council with that information in September. Councilman/Member Kelly moved to, by Minute Motion: 1) Authorize the City Clerk to advertise and call for proposals for the subject design services; 2) direct staff to return to the City Council with a long-range implementation plan for the Bus Shelter Improvement Program. Motion was seconded by Councilman/Member Spiegel and carried by 4-0-1 vote with Mayor Pro-Tem/Vice Chairman Ferguson ABSTAINING due to his representation of a bus shelter advertiser. E. CONSIDERATION OF A REQUEST FOR FUNDING BY BIGHORN GOLF CLUB FOR THE BATTLE AT BIGHORN GOLF TOURNAMENT WITH TIGER WOODS AND SERGIO GARCIA. Mrs. Gilligan stated her memorandum to the City Council/Agency Board outlined how the proposal came to the City and the original staff recommendation for denial because it was for international presentation only in the form of a vignette. Subsequently, she spoke with Mr. Smith, President of BIGHORN, and Carl Cardinalli, and they discussed the other benefits that would be derived as a result of the subject tournament being held in Palm Desert-- when the telecast broke for commercials, it would say, "From BIGHORN in Palm Desert." She went on to say that Gail Cochran was in attendance at this meeting; Ms. Cochran had already made contact with the press and ABC to ensure it was known this event was in Palm Desert. Mrs. Gilligan noted it was the "Shoulder Season," and the Promotion Committee had been working very diligently to develop activities during this time that would help the City's businesses and hotels. She closed by stating the subject request had been considered by the Promotion Committee at its last meeting where unanimous support was received for a reduced amount of $50,000, with the understanding that the Committee would look at it well in advance for next year's event to be held in July, she believed. Therefore, the Promotion Committee and staff recommended funding approval in the amount of $50,000 to be appropriated from Unobligated General Fund Reserves. Upon inquiry by Councilman/Member Spiegel about next year's event, Mrs. Gilligan said Tiger Woods would play in each one along with the golfer who was doing just as well. 6 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY JULY 31, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor/Chairman Crites noted the broadcaster would say, "From BIGHORN at Palm Desert." In response to his question whether or not that would still be the case if the City didn't pay $50,000, Mrs. Gilligan said they would say the same thing. However, she noted the City had maintained a policy of supporting major Valley -wide events-- this would be good for the whole Valley and in keeping with that policy. She said the Promotion Committee supported it as a major event that would be held here for three years. In response to Mayor Pro-Tem/Vice Chairman Ferguson whether the expenditure was coming from the Advertising Budget, Mrs. Gilligan said it wasn't, but it could. Mayor Pro-Tem/Vice Chairman Ferguson felt since the Promotion Committee was charged with recommending expenditures to promote the City, and it felt this to be a worthwhile promotional effort, the payment should come from Promotion money. Mrs. Gilligan explained that the Promotion Committee's budget was for advertising in magazines and for television commercials; none of these events had ever come out of that budget previously. (The Skins Game was a special appropriation.) She said the Committee had gone through and identified where expenditures would be made; it could now go back and adjust to accommodate the $50,000. However, she reiterated that it had been a special appropriation in the past and not from the designated Advertising Budget. Councilmember/Member Benson added that the Advertising Budget was designated a year in advance, and if adjustments were made after the fact, the Committee would be very reluctant to approve anything like this because they've already got items specified; whereas, this was a special event. Mayor Pro-Tem/Vice Chairman Ferguson suggested that if next year it was felt to be a good idea, the Committee could work it into the budget. Mrs. Gilligan stated the Committee discussed that point; it should be known well in advance for next year and could be part of the budget process. She'd discussed that with both Messrs. Smith, Cardinalli, and Ms. Cochran, and that was also their plan. Councilman/Member Kelly felt the matter should be kept in perspective-- when it was compared to the amount of money paid to the Convention & Visitors Bureau, this was a drop in the bucket. He felt it was the least that could be done to support a major television event taking place in Palm Desert. Councilman/Member Kelly moved to, by Minute Motion: 1) Approve the recommendation from the Promotion Committee to participate in the Battle at BIGHORN Golf Tournament in the amount of $50,000; 2) appropriate $50,000 from the Unobligated General Fund for payment of same. Motion was seconded by Councilman/Member Spiegel, and it carried by unanimous vote. 7 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY JULY 31, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Subsequent to reconvening of the meeting at 10:07 a.m., New Business Items F and G were added to this Agenda for consideration. Mr. Erwin stated two items needed to be added to the Agenda, one regarding BIGHORN and the Water District as it related to Series B of the Bond Issue, and the second one was an additional item for Green Way. Councilman/Member Kelly moved to add the items to this Agenda for consideration. Motion was seconded by Mayor Pro-Tem/Vice Chairman Ferguson and carried by unanimous vote. F. CONSIDERATION OF ACTIONS RELATIVE TO ASSESSMENT DISTRICT NO. 94-1 (BIGHORN). Mayor Pro-Tem/Vice Chairman Ferguson moved to, subject to satisfaction of both the City Manager and City Attorney: 1) Waive further reading and adopt Resolution No. 00-98, approving and authorizing execution and delivery of an acquisition and construction agreement and an agreement for acquisition, conveyance, and operation of water system improvements in connection with Assessment District No. 94-1 (BIGHORN); 2) by Minute Motion, approve Assessment District Acquisition and Construction Agreement - Assessment District No. 94-1 (BIGHORN) between the City and BIGHORN Development, LLC (Contract No. C18110); 3) by Minute Motion, approve Agreement for Acquisition, Conveyance, and Operation of Series B Water System Improvements - Assessment District No. 94-1 (BIGHORN) between the City, Coachella Valley Water District, and BIGHORN Development, LLC (Contract No. C18120). Motion was seconded by Councilman/Member Kelly and carried by unanimous vote. G. REQUEST FOR APPROVAL OF AGREEMENT FOR CONVEYANCE OF EASEMENT, RIGHT OF ENTRY, AND A POTENTIAL RESOLUTION OF THE BALANCE OF THE RIGHT-OF-WAY FOR GREEN WAY (CONTRACT NO. C18130). Mr. Erwin advised the City Council/Agency Board that there was an additional item of business for Green Way which hadn't been agendized. He explained it was an agreement, a right of entry, and a potential resolution of the balance of the right-of-way for Green Way. The agreement was between the City, Lakeside Properties, and Cook Street Business Park Property Owners Association, authorizing the City to enter onto the property and to accept a Grant of Easement from Lakeside in exchange for the City's placing in the public street, removing the existing Green Way east of Cook Street, and re -landscaping the area. Additionally, he said the City would assist with the lot line adjustment between Lakeside and Cook, owners of the real property. He asked for City Council's/Agency Board's approval of the agreement. Councilman/Member Kelly moved to, by Minute Motion, approve the subject agreement between the City, Lakeside Properties, and Cook Street Business Park Property Owners Association for the conveyance of easement, right of entry, and resolution of the balance of the right-of-way for Green Way. 8 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY JULY 31, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Motion was seconded by Councilmember/Member Benson and carried by a 3-0-2 vote with Councilman/Member Spiegel and Mayor Pro-Tem/Vice Chairman Ferguson ABSTAINING. IX. REPORTS AND REMARKS A. CITY MANAGER/REDEVELOPMENT AGENCY EXECUTIVE DIRECTOR None C. CITY ATTORNEY/AGENCY COUNSEL Mr. Erwin asked for City Council's/Agency's consideration of adding an item of existing litigation to Closed Session consideration pursuant to Government Code Section 54956.9(a): b) City of Orange, et al. v. Alabama Treasury Advisory Program, et al., Los Angeles Superior Court Case No. BC 106 461 Councilman/Member Spiegel moved to add the aforementioned Closed Session item to this Agenda. Motion was seconded by Mayor Pro-Tem/Vice Chairman Ferguson and carried by unanimous vote. 1) Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 013297 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Public Employment pursuant to Government Code Section 54957: Titles of Positions: City Attorney City Clerk City Manager Redevelopment Agency Executive Director 9 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY JULY 31, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2) Report and Action on Items from Closed Session Made at This Meeting. Please see Item F of New Business added to this Agenda. D. CITY CLERK None E. MAYOR/CHAIRMAN AND MEMBERS OF THE CITY COUNCIL/AGENCY BOARD 1. Request for Letter of Interest for Coachella Valley Animal Campus (Councilmember/Member Jean M. Benson). Councilmember/Member Benson noted the letter from CVAG regarding the Coachella Valley Animal Campus, asking the City to respond to three questions by August 11. She said the item would be on the agenda for this evening's CVAG Executive Committee Meeting, and it was on this Agenda since there was not another City Council meeting until August 24. She asked staff, if the Council/Agency Board felt it appropriate, to draft a letter in answer to the questions, indicating the City's interest in participating in a Valley -wide animal campus. She related that in traveling through the County and touring various shelters, there was certainly a need for a central location with some spots in other cities, as well. The best one they'd seen was a brand new facility in Moreno Valley, funded by the City; the rest she felt were woefully inadequate. She said more and more animals needed to be euthanized, and with a Valley -wide campus, it was hoped that incorporation of an education center and a spay/neuter clinic would alleviate some of the problem. She went on to say that Animal Samaritans had 10 acres of land at Ramon and Varner, and they were willing to work with the jurisdictions and give five acres to locate the subject facility, if the Valley cities could work out a way to build the physical structure. Councilman/Member Spiegel recalled there was previous discussion about two Valley locations. Councilmember/Member Benson responded the main facility would be a large campus, with the other private groups still in existence, as well. She said the aforementioned site, right off the freeway, was felt to be the most central location, especially if the land is available. Mayor Pro-Tem/Vice Chairman Ferguson felt the City Council/Agency Board, rather than staff, should answer the question of whether or not the jurisdiction was interested in such a facility. However, he was interested in the answer to the third question regarding how much the City spent on animal care; it was his understanding that the majority of animals collected and processed through the facility originated in Cathedral City. 10 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY JULY 31, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember/Member Benson said that was not necessarily so. She noted Indio had a facility which mostly handled animals from that end of the Valley. While she acknowledged Cathedral City had more than probably Rancho Mirage or Palm Desert, the animals didn't know boundaries-- they might be picked up in Cathedral City but started wandering somewhere else. Additionally, she said people also came and dropped off animals, they were not only those picked up. She reiterated that Palm Desert didn't have as many, but it had enough that the City should support it; Palm Desert probably paid more for animal control (about $98,000) than some of the other cities. Mayor Pro-Tem/Vice Chairman Ferguson said he felt the City should participate financially in the construction. However, he felt the location should be a function of what worked best for the animals, not necessarily what worked best for the humans. Councilmember/Member Benson said the land that Animal Samaritans had lent itself to the vision of an animal campus with outdoor runs and other amenities versus being within a city where it was harder to find the right location for it. She added that the finance aspect was still being worked out, noting Pat Conlon was participating in that part of the process, but the subject request was just a preliminary indication of the City's interest in seeing if it could be worked out. In response to Councilman/Member Spiegel, Councilmember/Member Benson affirmed that the entire project would come back before the City Council for consideration. Councilman/Member Spiegel moved to direct staff to draft a letter to CVAG indicating the City's interest in participating in such a Coachella Valley Animal Campus. Motion was seconded by Mayor Pro-Tem/Vice Chairman Ferguson and carried by unanimous vote. X. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF CITY OF PALM DESERT'S REPRESENTATIVE TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION. Councilman/Member Spiegel moved to, by Minute Motion, reappoint William Bizzell to a three-year term on the Palm Springs International Airport Commission, July 1, 2000, to June 30, 2003. Motion was seconded by Mayor Pro-Tem/Vice Chairman Ferguson and carried by unanimous vote. XI. ORAL COMMUNICATIONS - B None 11 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY JULY 31, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. ADJOURNMENT With City Council/Agency Board concurrence, Mayor/Chairman Crites adjourned the meeting to Closed Session at 9:21 a.m. He reconvened the meeting at 10:07 a.m. With City Council/Agency Board concurrence, Mayor/Chairman Crites adjourned the meeting to Closed Session at 10:09 a.m. He reconvened the meeting at 12:30 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: BUFORD A. CRITES, MAYOR/CHAIRMAN RACHELLE D. KLASSEN, ACTING CITY CLERK/ ACTING AGENCY SECRETARY CITY OF PALM DESERT, CALIFORNIA/ PALM DESERT REDEVELOPMENT AGENCY 12