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HomeMy WebLinkAbout2000-06-22MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Pro-Tempore Ferguson convened the meeting at 4:03 p.m. H. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Pro-Tem Jim Ferguson Excused Absence: Mayor Buford A. Crites Also Present: Carlos L. Ortega, Acting City Manager and RDA Executive Director Robert W. Hargreaves, Deputy City Attorney Rachelle D. Klassen, Acting City Clerk Richard J. Folkers, ACM/Director of Public Works Paul S. Gibson, Director of Finance/City Treasurer Teresa LaRocca, Housing Manager Steve Smith, Planning Manager David Yrigoyen, RDA Manager III. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 8, 2000, and the Adjourned Joint City Council/Redevelopment Agency Meeting of June 3, 2000. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 56, 57, 58, 59, and 57PD Office Complex. Rec: Approve as presented. C-1. CLAIM AGAINST THE CITY (#4111 by John Grayson in an Unspecified Amount. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C-2. CLAIM AGAINST THE CITY (#417) by Kim Ullrich in an Unspecified Amount. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. C-3. CLAIM AGAINST THE CITY (#418) by Maria V. Ortega in the Amount of $320.00. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. D-1. RESOLUTION NO. 00-74 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building & Safety that Have Been Microfilmed (March 2000). Rec: Waive further reading and adopt. D-2. RESOLUTION NO. 00-75 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building & Safety that Have Been Microfilmed (April 2000). Rec: Waive further reading and adopt. D-3. RESOLUTION NO. 00-76 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building & Safety that Have Been Microfilmed (May 2000). Rec: Waive further reading and adopt. E-1. REQUEST FOR AUTHORIZATION to Dispose of Business License Certificate Forms. Rec: By Minute Motion, authorize disposal of the subject obsolete forms. E-2. REOUEST FOR AUTHORIZATION to Dispose of Expired Business License Renewal Forms. Rec: By Minute Motion, authorize disposal of the subject expired renewal forms for 1997 and 1998. F. REQUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for the El Paseo Business Improvement District's Advertising Agency (Contract No. C 17990). Removed for separate discussion under Section IV, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. REQUEST FOR AWARD OF CONTRACT for Fleet Vehicle Washing Services (Contract No. C 17860). Rec: By Minute Motion, award the subject contract to Five Star Detail Service, Palm Desert, California, in the amount of $21,510. H. REQUEST FOR AWARD OF CONTRACT for City Parking Lot Sweeping Services (Contract No. C 17870). Rec: By Minute Motion, award the subject contract to Black and White Sweeping Services, Thousand Palms, California, in the amount of $18,120. I. REOUEST FOR RATIFICATION of Agreement for Catch Basin Cleaning. Rec: By Minute Motion, ratify the subject agreement with SunLine Services Group in an amount not to exceed $30,000 -- funds are available in Account No. 110-43 96-43 3 -4001. J-1. REOUEST FOR APPROVAL of Business License Refund for License No. 99-15297 (Robert Spencer, Applicant). Rec: By Minute Motion, approve a refund of Business License fees from FY 99/00 in the amount of $33.75 for the subject license. J-2. REOUEST FOR APPROVAL of Business License Refund for License No. 99-17985 (Robin Marguleas, Applicant). Rec: By Minute Motion, approve a refund of Business License fees from FY 99/00 in the amount of $37.50 for the subject license. J-3. REQUEST FOR APPROVAL of Business License Refund for License No. 99-20032 (Susan J. Carraher, Applicant). Rec: By Minute Motion, approve a refund of Business License fees from FY 99/00 in the amount of $42.19 for the subject license. K. REOUEST FOR CERTIFICATION of Director and Alternates for the California Joint Powers Insurance Authority (CJPIA). Rec: By Minute Motion, certify the Mayor, Risk Manager, and Director of Finance/City Treasurer as Director and Alternates, respectively, to the CJPIA. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * L. REOUEST FOR APPROVAL of the Purchase of Environmental Liability Insurance for City Property. Rec: By Minute Motion, approve the subject purchase of insurance from Cal-Surance for the term of one year and appropriate funds in the amount of $27,256 from Unobligated General Fund Account No. 110-4192-419-3090 for same. M. REQUEST FOR APPROVAL of Funding for the Citywide Summer Retail Event, "Palm Desert Shopping Extravaganza." Rec: By Minute Motion, approve the sum of $14,000 from the Citywide Promotion Account for the purpose of advertising the subject event. N. REQUEST FOR AUTHORIZATION to Utilize the City -owned Shopper Hopper for the Match Play Event at Bighorn Golf Club. Rec: By Minute Motion, authorize the use of City -owned Shopper Hopper to transport spectators inside the Canyons at Bighorn property on August 28, 2000, during the subject event featuring Tiger Woods and Sergio Garcia, and instruct staff to work with appropriate agencies to ensure that this is accomplished provided that BIGHORN Properties provides $1,000,000 liability insurance holding the City ofPalm Desert harmless. NOTE: THE FOLLOWING ITEMS WERE LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. O. RESOLUTION NO. 00-84 - A Resolution of the City Council of the City of Palm Desert, California, Authorizing and Consenting to the Transfer of Control of a Cable Television Franchise Held by TWI Summit Cable, Inc. Rec: Waive further reading and adopt, subject to the execution of the acceptance of resolution by franchisee. P. REQUEST FOR APPROVAL of Agreements with the County ofRiverside and Riverside County Library System for Fiscal Year 00/01. Rec: By Minute Motion, subject to adoption of the FY 00/01 Budget at the public hearing later in this meeting: 1) Approve Contract No. C14163 - Third Amendment to Agreement to Provide Library Services (Additional Staff) for the Event and Volunteer Coordinators positions serving the Palm Desert Wing of the Multi -Agency Library; 2) Approve Contract No. C 18020 - Agreement to Provide Library Services (Extra Hours) for three additional hours of operation per week of the Palm Desert Wing of the Multi - Agency Library; 3) authorize the Mayor to execute said contracts. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. REOUEST FOR AUTHORIZATION to Expend Grant Funds -- CalCops 99/00. Removed for separate discussion under Section IV, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Councilman Spiegel asked that Items F and Q be removed for separate discussion under Section IV, Consent Items Held Over, of the Agenda. Mayor Pro-Tem Ferguson stated that he would be ABSTAINING from voting on Item A because he was not present at the meeting of June 8, 2000. Councilman Spiegel moved to approve the remainder of the Consent Calendar as presented. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Crites ABSENT (NOTE: Mayor Pro-Tem Ferguson ABSTAINED from Item A). IV. CONSENT ITEMS HELD OVER F. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the El Paseo Business Improvement District's Advertising Agency (Contract No. C17990). Councilman Spiegel asked who currently had this contract, and Business Support Manager Ruth Ann Moore responded that the current contractor was Chuck Davis. She said the total budget for the El Paseo association was $165,000, and those funds were collected through an additional charge when business licenses are issued. Upon further question by Councilman Spiegel relative to the contract going out to bid, Ms. Moore responded that when the City took this over, one of the things found during the audit was that the contract had not been put out to bid in the past; however, it would be put out to bid every three years from this point on. Councilman Spiegel moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for the subject services. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites ABSENT. Q. REOUEST FOR AUTHORIZATION to Expend Grant Funds -- CalCops 99/00. Councilman Spiegel stated that the County changed the way it supplied funding for the CalCops program, and this authorization of funds would allow CalCops to keep going until September. He said while he felt CalCops was a good organization, Palm Desert would be funding it for the entire Valley. He asked if it would make more sense to fund the organization for only one of the two months and suggest that the cities of Indian Wells and Rancho Mirage fund the other month. Ms. Klassen stated that it was her understanding that this CalCops Grant was for some computers. She asked if perhaps Councilman Spiegel might be talking about the Violent Crime Response Program, which was also on the Agenda Addendum for Council consideration. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Finance Director Paul Gibson stated that CalCops was the program whereby grants are received from the State. Staff must then receive Council approval for use of the grant monies. He said if approval is not received by June 30, 2000, those funds could be lost and would have to be reimbursed to the State of California. Councilman Spiegel moved to, by Minute Motion, subject to approval by the Public Safety Commission at its regular meeting of June 21, 2000, authorize expending the subject grant funds in the amount of $5,201.87. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites ABSENT. V. RESOLUTIONS A. RESOLUTION NO. 00-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 1999/2000 BUDGET TO PROVIDE ADDITIONAL APPROPRIATIONS FROM THE TRAFFIC SAFETY, GAS TAX, ART IN PUBLIC PLACES, AND GENERAL FUNDS. Mr. Gibson reviewed the staff report and offered to answer any questions. Councilman Spiegel moved to waive further reading and adopt Resolution No. 00-77. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Crites ABSENT. B. RESOLUTION NO. 00-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A REPLACEMENT HOUSING PLAN FOR THE FRED WARING DRIVE IMPROVEMENTS PROJECT. Mr. Ortega noted the staff report in the packets and stated that Ms. Aylaian was available to answer any questions. Councilman Spiegel moved to waive further reading and adopt Resolution No. 00-78. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites ABSENT. VI. ORDINANCES For Introduction: None For Adottion: None 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. NEW BUSINESS A. REQUEST FOR APPROVAL OF PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR THE INSTALLATION AND CONSTRUCTION OF LANDSCAPING AND RELATED IMPROVEMENTS FROM EAST OF OASIS CLUB DRIVE AND NORTH OF HOVLEY LANE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted the staff reports in the packets and stated that New Business Items A, B, and C were related and dealt with reimbursements to the City of Palm Desert from the Redevelopment Agency. Councilman/Member Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 00-68, approving payment by the Palm Desert Redevelopment Agency for all or a part of the cost of installation and construction of a sidewalk and appurtenant landscaping and related improvements; 2) Redevelopment Agency Resolution No. 394, approving payment by the Agency for all or a part of the cost ofinstallation and construction ofa sidewalk and appurtenant landscaping and related improvements. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor/Chairman Crites ABSENT. B. REOUEST FOR APPROVAL OF PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR THE IMPROVEMENTS TO FRED WARING DRIVE BETWEEN SAN PASCUAL AVENUE AND DEEP CANYON ROAD (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted the staff reports in the packets and stated that New Business Items A, B, and C were related and dealt with reimbursements to the City of Palm Desert from the Redevelopment Agency. Councilman/Member Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 00-69, approving payment by the Palm Desert Redevelopment Agency of all or part of the value of the land for and the cost of the installation and construction of improvements to Fred Waring Drive; 2) Redevelopment Agency Resolution No. 395, approving payment by the Agency of all or a part of the value of the land for and the cost of the installation and construction of improvements to Fred Waring Drive. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor/Chairman Crites ABSENT. C. REOUEST FOR APPROVAL OF PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR THE COST OF THE INSTALLATION AND CONSTRUCTION OF A SOUND ATTENUATION WALL AND LANDSCAPING ALONG THE SOUTH SIDE OF HOVLEY LANE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted the staff reports in the packets and stated that New Business Items A, B, and C were related and dealt with reimbursements to the City of Palm Desert from the Redevelopment Agency. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman/Member Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 00-70, approving payment by the Palm Desert Redevelopment Agency for the cost of the installation and construction of a sound attenuation wall and related landscaping; 2) Redevelopment Agency Resolution No. 396, approving payment by the Agency for the cost of the installation and construction ofa sound attenuation wall and related landscaping. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor/Chairman Crites ABSENT. D. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, DENYING A REQUEST TO STORE A RECREATIONAL VEHICLE IN THE FRONT YARD AT 43-060 TENNESSEE AVENUE Case No. RV 00-4 (Don Steffensen, Appellant). Mr. Steve Smith reviewed the staff report and distributed color photographs of the recreational vehicle and its location. He said the applicant requested approval from the Architectural Review Commission to store an 11' high by 31' 10" long recreational vehicle in the front yard of his home, specifically on the driveway area adjacent to the garage. He said it was proposed that the applicant screen the sides of the vehicle with 15-gallon ficus shrubs, with the front to be screened by planters mounted on rollers. The vehicle would be set back 13 feet from the face of the curb, which equates to one foot back from the property line. He said notices of both the Architectural Review Commission meeting and this City Council meeting were sent to property owners within 300 feet, and a total of 12 letters in opposition had been received and forwarded to the Council. In addition, a petition was submitted by the appellant which was signed by five property owners in the area. He also noted that on June 19`h, Mr. Steffensen wrote a letter to the City Attorney (a copy of which was included in the packets) noting a case in Ohio; Mr. Hargreaves had reviewed that case and advised that it was not applicable in California. He said staff could not recommend approval of the recreational vehicle to the Architectural Review Commission due to its visual impact. The Commission was also concerned with the impact due to the massiveness of the vehicle and unanimously voted to deny the request. This appeal was subsequently filed by the appellant. He added that staffs recommendation was that the Council affirm the decision of the Architectural Review Commission and deny the request for approval to store the recreational vehicle in the front yard. MR. DON STEFFENSEN read a prepared letter (attached hereto and made a part hereof as Exhibit "A"). He offered to answer any questions. Upon question by Councilman Spiegel relative to how the six allowed 72-hour recreational vehicle parking permits and how many the appellant wanted to use, Mr. Steffensen responded that he took between seven and eight trips per year with the recreational vehicle. He said four of the five permits used this year were all limited to loading. He said if there was a way they could have the permit for the three days allowed each time they are ready to go on trips, that would satisfy him. He commended the Code Enforcement staff for their willingness to work with him; however, staff had indicated their hands were tied in this regard. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. ROD THOMPSON, 76-928 Oklahoma Avenue, Palm Desert, expressed concern with approving this request and said he felt this would just "open up the floodgates." With regard to the permits, he said he had suggested that larger signs be used so that people know when these vehicles are legally parked under the permit. Councilmember Benson stated that she had visited the property, and she felt it was one ofthe best looking streets in the Palm Desert Country Club area. She said she felt the City had worked too hard to keep the recreational vehicles properly parked and screened, and she did not see any reason to allow them in the front yards. Councilman Kelly questioned allowing additional three-day permits to get ready to go on trips, and he said he felt the limit was set at six per year to keep the system from being abused. He agreed with Councilmember Benson that the City had an ordinance to make the neighborhoods safe and aesthetically pleasing, and he also agreed that this was one of the nicest looking streets in the Palm Desert Country Club area. On the other hand, having been a motorhome owner for 25 years, he knew that when getting ready to go on a trip, it was necessary to have the recreational vehicle available at the residence to pack, cool the refrigerator, charge the battery, etc. Councilmember Benson stated that while she did not have any objection to giving the number of permits as allowed by ordinance, she also felt there should be the option of allowing another permit, with staff to monitor the number of permits issued to see if it is the same person abusing the system all the time or if someone really does have a special circumstance. Councilman Spiegel agreed with Mr. Thompson that the permits need to be large enough to be seen from the street, and he recommended that this matter be revisited to be certain that anyone given a permit be required to place it in such a way that it is visible to the neighbors. He said it was unfortunate for someone living in Palm Desert that wants to have six additional days per year not to be able to come to the City and ask for those six days. He said this did not mean that the City should "open the floodgates" and allow everyone to have eight different times instead of six different times. He suggested perhaps keeping the ordinance at six different times, with any additional requests to be brought to the Council. Councilman Kelly suggested that the Department Head be allowed to approve the additional requests. Councilmember Benson moved to, by Minute Motion, deny the appeal and affirm the Architectural Review Commission decision ofMay 23, 2000, denying the request to store a recreational vehicle in the front yard at 43-060 Tennessee Avenue, with additional direction that: I) Department Head may use his/her professional discretion in approving up to a maximum of two (2) additional 72-hour permits per year for parking a recreational vehicle in front of a residence; 2) a new, larger form of 72-hour permit display form be utilized for easier recognition from the street; 3) Code Compliance Division to review the subject area of the City for compliance with regulations for recreational vehicles. Motion was seconded by Councilman Spiegel and carried by a 4-0 vote, with Mayor Crites ABSENT. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. REOUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE 2000 GENERAL "—I' MUNICIPAL ELECTION TO BE HELD IN THE CITY OF PALM DESERT ON TUESDAY, NOVEMBER 7, 2000. Mr. Ortega noted the staff report in the packets relative to adoption of several resolutions regarding the General Municipal Election to be held on Tuesday, November 7, 2000. Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 00-79, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 7, 2000, for the election of certain officers as required by the provisions of the City of Palm Desert Charter; 2) Resolution No. 00-80, requesting the Riverside County Board of Supervisors to consolidate a General Municipal Election to be held on Tuesday, November 7, 2000, with the Statewide General Election to be held on the date pursuant to § 10403 ofthe Elections Code; 3) Resolution No. 00-81, adopting regulations for candidates for elective office pertaining to candidates' statements submitted to the voters at an election to be held on Tuesday, November 7, 2000. Motion was seconded by Kelly and carried by a 3-0 vote, with Mayor Crites and Councilmember Benson ABSENT. F. CONSIDERATION OF THE PRESIDENT'S PLAZA BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2000/01 ASSESSMENT LEVY. Mr. Ortega noted the staff report in the packets and stated that Finance Director Paul Gibson was .� available to answer any questions. Councilman Kelly moved to waive further reading and adopt: 1) Resolution No. 00-82, ordering the levy and collection of assessments for FY 2000/01; 2) Resolution No. 00-83, approving the management district plan for President's Plaza Property and Business Improvement District for FY 2000/01. Motion was seconded by Spiegel and carried by 3-0 vote, with Mayor Crites and Councilmember Benson ABSENT. G. REQUEST FOR AUTHORIZATION TO REIMBURSE FOR PLAZA WAY IMPROVEMENTS Case No. CUP 98-04 (Chevron Products Company, Applicant). Mr. Folkers reviewed the staff report, noting that this was the City's share of the public improvements. Councilman Spiegel clarified that the applicant had done the work, and now the City was reimbursing the applicant, and Mr. Folkers agreed. Councilman Spiegel moved to, by Minute Motion: 1) Appropriate $71,017.81 from Unobligated Measure "A" Funds for the subject improvements; 2) authorize a reimbursement to Chevron Products Company in the amount of $71,017.81 for public improvements associated with the subject case. Motion was seconded by Kelly and carried by a 3-0 vote, with Mayor Crites and Councilmember Benson ABSENT. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. REOUEST FOR APPROPRIATION FROM UNOBLIGATED MEASURE "A" FUNDS FOR THE EXTENSION OF JONI DRIVE PROJECT (CONTRACT NO. C16050, PROJECT NO. 627-99). Councilman Kelly moved to, by Minute Motion, appropriate $70,000 from Unobligated Measure "A" Funds to Account No. 213-4679-433-4001 for the subject project. Motion was seconded by Spiegel and carried by a 3-0 vote, with Mayor Crites and Councilmember Benson ABSENT. I. REOUEST FOR EXTENSION OF CONTRACT FOR GRAFFITI REMOVAL (CONTRACT NO. C083261. Councilman Spiegel moved to, by Minute Motion, authorize a one-year extension of the subject contract with SunLine Services Group, Thousand Palms, California, in the amount of $63,303.72 ($5,275.31 per month). Motion was seconded by Kelly and carried by a 3-0 vote, with Mayor Crites and Councilmember Benson ABSENT. J. REOUEST FOR EXTENSION OF CONTRACT FOR DESERT WILLOW PERIMETER LANDSCAPE MAINTENANCE SERVICES (CONTRACT NO. C16001). Mr. Folkers stated that staff was very pleased with this contractor and recommended extension of the contract. Councilman Kelly moved to, by Minute Motion: 1) Authorize a one-year extension of the subject contract with Garza Landscaping, Inc., Indio, California; 2) authorize a two percent (2%) cost of living increase in the contract amount -- $76,740 ($6,395 per month); 3) authorize the Mayor to execute said contract. Motion was seconded by Spiegel and carried by a 3-0 vote, with Mayor Crites and Councilmember Benson ABSENT. K. REOUEST FOR EXTENSION OF CONTRACT FOR SPORTS FACILITIES LANDSCAPE MAINTENANCE (CONTRACT NO. C 168211. Councilman Kelly moved to, by Minute Motion, authorize a one-year extension of the subject contract with Enviable Greens, Palm Desert, California in the amount of $156,575 ($13,043 per month). Motion was seconded by Spiegel and carried by a 3-0 vote, with Mayor Crites and Councilmember Benson ABSENT. L. REOUEST FOR APPROVAL OF MONTEREY AVENUE MEDIAN ENHANCEMENT COLLABORATIVE ART IN PUBLIC PLACES/PUBLIC WORKS PROJECT (CONTRACT NO. C18000). Councilman Spiegel moved to continue this matter to the meeting of July 13, 2000, with a Joint Study Session of City Council and AIPP scheduled for July 5, 2000. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Crites ABSENT. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. M. REOUEST FOR AWARD OF CONTRACT ON AN URGENT BASIS FOR GRADING AND BASE MATERIAL FOR FUTURE CORPORATION YARD EXPANSION (CONTRACT NO. C18030). Mr. Folkers reviewed the staff report, noting that the expansion of Joni Drive through the Corporation Yard had substantially reduced the amount of space available for storage ofmaterials and equipment. Staffs recommendation was to work with the contractor, Contreras Construction Company, to provide an area for the storage of materials and equipment. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Contreras Construction Company, Indio, California, on an urgency basis, in the amount of $55,000; 2) authorize the Mayor to execute same. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites ABSENT. VIII. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF DESERT AIDS WALK 2001 IN THE CITY OF PALM DESERT (Continued from the meeting of June 8, 2000). Mayor Pro-Tem Ferguson stated that he had received a request from the applicant that this matter be continued to the meeting of July 13, 200. Councilman Spiegel moved to continue this matter to the meeting of July 13, 2000. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Crites ABSENT. B. CONSIDERATION OF AN APPEAL OF A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, DENYING A REQUEST TO STORE A RECREATIONAL VEHICLE IN THE FRONT YARD AT 73-115 CATALINA WAY Case No. RV 00-3 (Richard L. Word, Appellant) (Continued from the meeting of June 8, 2000). Mr. Smith stated that this matter was continued from the last City Council meeting. He said this past weekend the applicant had moved the recreational unit to the site. He noted that it was his understanding that several Councilmembers visited the site, and he had also visited the site the previous day with Architectural Review Commissioner Richard O'Donnell. Photos were taken, which he distributed for Council consideration. He said at the last meeting, there was a request to refer the matter back to Architectural Review, which was why Mr. O'Donnell visited the site. He said Mr. O'Donnell felt that in seeing the unit on the property, it confirmed the concerns the Commission had that the vehicle was too massive in the front yard. He noted that the applicant had depressed the front portion of the vehicle adjacent to the wall that exists, and it was staffs understanding that it was the applicant's intention to continue that same pad level southerly back 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * to the residence so that the rear end of the recreational vehicle would be lower than shown in the photographs. He offered to answer any questions. Upon question by Councilmember Benson relative to permission from the applicant's neighbor to the east, Mr. Word responded that he had verbal permission from his neighbor and could obtain it in writing if Council so wished. He said he had permission from throughout his neighborhood for the vehicle. Councilmember Benson stated that she would like to see a written approval from the applicant's neighbor to the east since that was the one property she felt would be most impacted by the recreational vehicle. Upon further questions by Councilmembers Benson and Spiegel, Mr. Word confirmed that he would continue to take the dirt out so that the vehicle is lower than shown in the photographs and would also put a gate in. He said it would drop two more feet down, which would be below where the windows are, and the last two feet above the wall would have a hedge around it. He said the person across the street from his residence was a landscape contractor and had drawn a design of the area. Councilman Kelly stated he felt this was almost like having a building at that location, and the City would not allow a building that close to the property line. He said perhaps the applicant's neighbor does approve of the recreational vehicle; however, there are ordinances in place to ensure that Palm Desert is a safe and aesthetically pleasing city. He said he still had a problem with the recreational vehicle being so close to the street. Mayor Pro-Tem Ferguson concurred. He said he had been very happy with the revitalization of this area, although it still had a long way to go, and he was not sure the applicant's recreational vehicle in the front yard was a step in the right direction. He said he felt there should be setback requirements for the storage of recreational vehicles in front yards. He agreed with Councilman Kelly that although the neighbor approves, the Council is charged with trying to improve the overall aesthetics of the City as a whole. Mr. Word stated that he had read the ordinance, and there was no mention of setbacks. He said the ordinance only addressed the screening ofthe recreational vehicle and making sure it does not encroach on the neighbors. Mayor Pro-Tem Ferguson stated that the ordinance also required the concurrence of the Architectural Review Commission, which unanimously voted to deny this request. Councilmember Benson stated that this applicant had made an effort to not just park the recreational vehicle in front of his residence, while the case heard earlier at this meeting was just using the driveway. She said this applicant was making the best effort to use the side yard. She said the lots on Catalina Way were very small and old, and she felt the applicant was doing as much as he could to hide the recreational vehicle as much as possible in the side yard. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel agreed with Councilmember Benson and said it was also his understanding that the applicant was going to purchase a cover for the recreational vehicle so that it would blend in with the plantings. He said he would be opposed if there was not going to be a gate in the front, but he felt this would continue to help hide the vehicle. He added that he felt the applicant had done a lot, especially going down an additional two feet and then covering the top. Mr. Word stated that by driving around and finding all the recreational vehicles that are in Palm Desert, he noticed that most of the places were run down, and the vehicles were not being taken care of the way they should. He said even if the Council granted a permit for one year at a time, that would be one way for the City to make sure he keeps the property up. Councilman Spiegel moved to, by Minute Motion, approve the applicant's request. Councilman Kelly suggested that this matter be continued to the next meeting since it appeared there would be a 2-2 vote. Upon question by Mayor Pro-Tem Ferguson, Mr. Hargreaves stated that while a 2-2 vote was technically no action, the effect would be a denial. Councilman Spiegel amended his motion to continue this matter to the meeting of July 13, 2000. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites ABSENT. IX. OLD BUSINESS A. REOUEST FOR AWARD OF CONTRACT FOR THE INTERSECTION IMPROVEMENTS AT HIGHWAY 111 AND PORTOLA AVENUE (CONTRACT NO. C17540. PROJECT NO. 653). Mr. Folkers stated that it was staff's intention to proceed with this contract as rapidly as possible. He said three bids were received: Granite Construction (Indio), Contreras Construction (Indio), and Matich Corporation (San Bernardino). The low bid was Granite Construction, and staff had reviewed the various bid items and was confident that Granite could do the project. Staffs recommendation was that Council award the contract to Granite Construction and authorize the Mayor to execute the agreement. Mayor Pro-Tem Ferguson stated for the record that he would be abstaining on this matter because Granite was one of his clients. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Granite Construction Company, Indio, California, in the amount of $419,662.50 and authorize a ten percent (10%) contingency for the project in the amount of $41,966.25 — project totaling $461,628.75; 2) authorize the Mayor to execute said contract. Motion was seconded by Benson and carried by a 3-0-1 vote, with Mayor Pro-Tem Ferguson ABSTAINING and Mayor Crites ABSENT. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REOUEST FOR AWARD OF CONTRACT, FOR THE 2000 DRYWELL/INLET PROGRAM (CONTRACT NO. C17560, PROJECT NO. 500-00). Mr. Folkers reviewed the staff report, noting that this was part of the City's program to reduce the amount of nuisance water -which causes damage to City streets. He said three firms had submitted bids on this project: McGuckin Drilling (Phoenix), Dateland Construction (Coachella), and Denboer Engineering and Construction (Palm Springs). Low bidder was McGuckin, and staff had reviewed the bids and felt this firm had the capability to do the project. He said staff s recommendation was that the contract be awarded to McGuckin Drilling. Councilman Spiegel stated there was a difference of only approximately $6,400 between McGuckin Drilling and Dateland Construction. One firm was from Phoenix, and the other was a local firm from Coachella. He asked if staff had taken this into account when making its recommendation. Mr. Folkers responded that staff had looked at which contractor it felt would be able to do the job and had not gone into giving local preference at this time. Councilman Spiegel stated that he was aware the Council would be considering some landscape contracts shortly where the recommendation was to award them to the high bidder, and he said he did not understand why the two types were being handled differently. Mr. Folkers stated that he would go into more detail when the landscape contracts are discussed. Councilmember Benson asked whether the City had to go with the low bidder on this contract, and Mr. Folkers responded that staff felt McGuckin was the lowest responsible bidder. As far as the landscape contracts, staff felt the low bidders were not responsible. Upon question by Councilman Spiegel, Mr. Folkers responded that staff felt Dateland Construction was responsible. Mr. Hargreaves stated that it was his understanding that the purchasing ordinance requires that the lowest responsible bidder is used. Mayor Pro-Tem Ferguson stated that he and Mayor Crites had looked into changing the City's ordinance from lowest responsible bidder to give some flexibility. The ultimate conclusion was not to move forward with this change. He said the thought was that if we opened it up to anything but lowest responsible bidder, every contract would be opened up to lobbying and a political process that might create more problems that it was worth. He said as a Charter City, Palm Desert does have the ability to deviate from its ordinance; however, he was not sure it could be done at this time, having advertised the bid under one set of rules. Councilman Spiegel suggested that the matter be revisited, with perhaps local contractors being given a 3% or 4% differential. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Ferguson stated that the City Manager could be instructed to look into this. Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to McGuckin Drilling, Inc., Phoenix, Arizona, in the amount of $245,500 and authorize a ten percent (10%) contingency in the amount of $24,550 — project totaling $270,050; 2) authorize the Mayor to execute said contract. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Crites ABSENT. C. REOUEST FOR AWARD OF CONTRACT FOR THE 2000 OVERLAY/RESURFACING PROGRAM (CONTRACT NO. C17570, PROJECT NO. 752-00). Mr. Folkers reviewed the staff report, noting that three bids had been received: E.L. Yeager (Riverside), Matich Corporation (San Bernardino), Granite Construction (Indio). He said staff had worked with all three contractors and had successful performance. Low bidder was E.L. Yeager, and staffs recommendation was that the contract be approved with this firm. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to E. L. Yeager Construction Company, Inc., Riverside, California, in the amount of $732,237 and authorize a ten percent (10%) contingency in the amount of $73,223.70 -- project totaling $805,460.70; 2) authorize the Mayor to execute said contract. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites AB SENT. D. REOUEST FOR AWARD OF CONTRACT FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 1 (CONTRACT NO. C 17660). Mayor Pro-Tem Ferguson suggested that the Council consider Items D, E, F, G, and H at the same time because they are all landscape contracts for different areas. Councilman Spiegel stated that in almost every one of these contracts, staff was recommending the highest bidder, indicating that the others are not responsible bidders. He said in one case, one of the contractors that was a responsible bidder in the other cases had been determined not to be responsible for that one area. He said Garza Landscaping was the most responsible bidder on the contract for Maintenance Area No. 1; however, for Maintenance Area No. 3, this contractor was the lowest bidder, but staff was indicating he was not responsible. He asked how this contractor could be responsible for one and not responsible for the other. Landscape Manager Spencer Knight responded that the secondary factor after the cost of the contract was whether the hours they estimated to execute the contract were reasonable. Staff found that the contractors varied widely, and the estimated hours for one area were not responsible, but on another it seemed reasonable to staff that they could execute the contract effectively with the hours estimated. Councilman Spiegel asked if staff was suggesting that if Garza tried to do Maintenance Area No. 3 for $49,000, he could not do it, and Mr. Knight agreed. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Folkers stated that staff had gone through and tried to assess how many hours would be required on each of the contracts. If a particular contractor was very low, staff knew there would be problems because they would not be able to provide the performance that should be provided. Councilman Kelly moved to, by Minute Motion, award the subject contract to Garza Landscaping, Inc., Indio, California, in the amount of $91, 836 and authorize the Mayor to execute same. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites ABSENT. E. REOUEST FOR AWARD OF CONTRACT FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 2 (CONTRACT NO. C 17670). Councilman Kelly moved to, by Minute Motion, award the subject contract to Shadow Palms Gardening Service, Indio, California, in the amount of $94,200 and authorize the Mayor to execute same. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites ABSENT. F. REOUEST FOR AWARD OF CONTRACT FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 3 (CONTRACT NO. C17680). Councilman Kelly moved to, by Minute Motion, award the subject contract to Shadow Palms Gardening Service, Indio, California, in the amount of $73,800 and authorize the Mayor to execute same. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites ABSENT. G. REOUEST FOR AWARD OF CONTRACT FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 4 (CONTRACT NO. C 17690). Councilman Kelly moved to, by Minute Motion, award the subject contract to Valley Gardening Service, Thermal, California, in the amount of $91,020 and authorize the Mayor to execute same. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites ABSENT. H. REOUEST FOR AWARD OF CONTRACT FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 7 (CONTRACT NO. C 17700). Councilman Kelly moved to, by Minute Motion, award the subject contract to Garza Landscaping, Inc., Indio, California, in the amount of $83,280 and authorize the Mayor to execute same. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites ABSENT. I. REOUEST FOR AWARD OF CONTRACT FOR WASHINGTON CHARTER SCHOOL PARKING AND PLAY AREA IMPROVEMENTS (CONTRACT NO. C17730, PROJECT NO. 705-00). Parks and Recreation Planning Manager Jeff Winklepleck reviewed the staff report, noting that bids had been opened the previous Monday, with Cora Constructors of Palm Desert submitting the low bid. While the City had not previously worked with Cora Constructors, staff had done a background check, and everyone contacted expressed satisfaction with this contractor. He 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * added that the bid had come in approximately 10.5% above the estimate; however, considering the market and the timing to get the project completed during the summer prior to school opening, staff was recommending approval. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Cora Constructors, Palm Desert, California, in the amount of $298,153.50 and authorize a ten percent (10%) contingency for same in the amount of $29,815.35; 2) authorize the Mayor to execute said contract; 3) authorize an amount not to exceed $5,000 for utility fees, construction staking, and other similarly related project costs; 4) appropriate Unobligated Funds from the Park and Recreation Fund (No. 430) in the amount of $224,713.34 (bid amount + contingency) for construction of the play area improvements; 5) appropriate Unobligated General Funds in the amount of $108,255.51 (bid amount + contingency + project inspection costs) for construction of the parking improvements. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites ABSENT. J. REQUEST FOR APPROVAL OF PROPOSAL FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT FOR THE MAGNESIA FALLS DRIVE WIDENING AND BRIDGE PROJECT (CONTRACT NO. C 17810, PROJECT NO. 648-99). Mr. Folkers reviewed the staff report and offered to answer any questions. Councilman Spiegel moved to, by Minute Motion: 1) Approve the proposal from Terra Nova Planning & Research, Inc., Palm Springs, California, for the subject report in the amount of $52,200 and authorize a ten percent (10%) contingency in the amount of $5,220 -- totaling $57,420 -- funds are available in Account No. 213-4626-433-4001; 2) authorize the Mayor to execute said contract. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Crites ABSENT. X. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Mayor Pro-Tem Ferguson noted the report included in the packets. Upon question by Councilman Spiegel, Ms. Ruth Ann Moore responded that Le Peep Restaurant was closing its location on El Paseo and would not be relocating elsewhere in Palm Desert. She added that she did not know whether the restaurant in Palm Springs would be closed as well, but she said she would find out. 2. Progress Report Council Chamber Atrium Project Mr. Folkers reviewed the staff report and proposed schedule. He said staff hoped to come to the Council in September with a proposal and a program so that the project could be put out to bid, with the project to be completed in March 2001. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CITY MANAGER None C. CITY ATTORNEY 1) Reauest for Closed Session: Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 2) Report and Action on Items from Closed Session Made at This Meeting. D. CITY CLERK 1. None Reminder of the Joint Study Session of the City Council, Planning Commission, and Architectural Review Commission Thursday, July 13, 2000, at 2:00 p.m. for a Presentation by the Westfield Corporation. Ms. Klassen reminded Council of the Joint Study Session to be held at 2:00 p.m. on Thursday, July 13, 2000, for a presentation by the Westfield Corporation. She said it was her understanding that there was a request from AIPP that they be included in this Study Session to see what the project will involve and what input it might have. 2. CJPIA Annual Meeting Ms. Klassen asked whether the Mayor or his designee wished to attend this annual meeting to be held on July 19, 2000, in La Palma. She noted that the Risk Manager had attended in the past and could do so again. With Council concurrence, one of the Alternates, most likely the Risk Manager (previously certified on the Consent Calendar, Item K) was directed to attend the July 19, 2000, annual meeting at CJPIA Headquarters in La Palma, California. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Letters from Noble & Company, LLC, and BLT Enterprises Regarding a Proposed Project Near the Intersection of Monterey Avenue and Dinah Shore Drive (Mayor Buford A. Crites). Councilman Kelly stated that if the one issue here was flow control and not the project, the City is not going to give flow control to anyone right now. He said as far as the letter is concerned, the City does have flow control and will not give it to anyone unless there is an action by the Council at some later date. Mayor Pro-Tem Ferguson asked what the $1.2 million request was for. Councilman Kelly stated that he could not see the Council doing anything until the project is before it for consideration. With Council concurrence, the City Manager was directed to draft a letter for the Mayor's signature to the above correspondents advising that the City would take no action until a project is formally proposed to the City. 2. Consideration of Support for South Coast Air Quality Management District Proposed Rules 1191, 1192, and 1193 -- Clean On -Road Vehicles (Mayor Buford A. Crites). Councilman Kelly stated that this had been an ongoing problem as far as RCTC and SunLine. He said there had been a lot of discussion, and the proposed rules would require alternative fuel fleets by a certain time, which is something the City wants to do. With Council concurrence, the City Manager was directed to draft a letter for the Mayor's signature in support of the subject Rules. Councilman Kelly noted that Nissan Motors was in the final stages of developing a compact pick-up truck fueled by natural gas which would have a 300-mile range. He said SunLine would keep the City advised of the progress and availability of this vehicle. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTE: THE FOLLOWING ITEM WAS LISTED ON AN 72 HOURS PRIOR TO THIS MEETING. AGENDA ADDENDUM POSTED 3. Consideration of Funding for Violent Crime Response Team (Mayor Pro-Tempore Jim Ferguson). Councilman Spiegel stated he felt this was a worthwhile program. He said as the Desert Sun indicated, this nonprofit crisis center would have to close its doors until September unless it is funded in the amount of approximately $7,000. He said while it came out of Indio, it was used by the entire Coachella Valley, and he suggested that Palm Desert supply half of the funding and ask that the Cities of Indian Wells and Rancho Mirage fund the remaining amount. Upon question by Councilmember Benson, he stated that according to the Desert Sun, this facility was funded by the County of Riverside, which had changed its funding from July 1 to September 1. This meant it would not be funded for the months of July and August. Councilmember Benson moved to, by Minute Motion, approve the Outside Agency funding in an amount not to exceed $7,000 for Fiscal Year 2000/2001 to the organization. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Crites ABSENT. o City Council Committee Reports: 1. Councilman Spiegel stated that the previous evening the Palm Desert Chamber of Commerce, under the direction ofMrs. Susie Harvey, put on a wonderful evening event and installed the new President of the Chamber of Commerce, Mary Beth Hundt. Councilman Kelly agreed and said it was a very well -run event, with many awards given out. Upon motion by Spiegel, second by Benson, and 4-0 vote of the City Council with Mayor Crites ABSENT, Mayor Pro-Tem Ferguson adjourned the meeting at 5:14 p.m. to Closed Session and dinner. He reconvened the meeting at 7:00 p.m. XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENTS TO THE EL PASEO BUSINESS ASSOCIATION BOARD OF DIRECTORS (Continued from the meeting of June 8, 2000). Councilman Spiegel moved to, by Minute Motion, concur with the recommendation of the El Paseo Business Association Board of Directors and reappoint David Fletcher and Sandra Hartfield each to four-year terms on the Board of Directors, beginning January 1, 2000, and expiring December 31, 2003. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites ABSENT. XHI. PUBLIC HEARINGS A. CONSIDERATION OF THE VACATION OF EXCESS STREET RIGHT-OF-WAY -- SAN PABLO AVENUE SOUTH OF CATALINA WAY (Kenneth G. Rexrode, Monarch Marking Systems, Inc., Applicant) (Continued from the meeting of June 8, 2000). Mr. Folkers reviewed the staff report and offered to answer any questions. Mayor Pro-Tem Ferguson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. No testimony was offered, and he declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 00-67, vacating the subject right-of-way. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites AB SENT. B. CONSIDERATION OF THE ADOPTION OF THE ACTING CITY MANAGER AND EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR FISCAL YEAR 2000/01 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Finance Director Paul Gibson reviewed the staff report, noting the following clarifications/additions requested by staff: Visitor's Center — line item in the amount of $30,000 to be carried over to next year for production of vacation planners and relocation guides. RDA Housing Funds — two projects to be carried over (Desert Rose and Portola Palms Mobile Home Park). Mr. Gibson said that based upon all the Council's/Agency's/Authority's previous actions, adoption of the budget was recommended. He said that included the Golf Course Committee's final action, of which he provided a copy to Councilmembers-- included with the Capital Outlay list, Fund 241-- to be incorporated in the appropriate resolution. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember/Member Benson stated that with regard to the golf carts for the Police Department, Chief Miller indicated during the Study Session that they could use CalCops money for that. Mr. Gibson responded that this was correct, and that was where it would be funded. He said the other one was coming from the General Fund for the City. Councilman/Member Kelly asked if the Council could be involved in the selection of a new Lieutenant for the Police Department. He said that position would be an important part of the City operation. Captain Miller stated that the Sheriff's Department has historically reserved the authority to select people for particular positions, although it is willing to listen to and consider input from the City Councils. He said the Council would not necessarily have the final say, but the Sheriff's Department is not going to want to give the Council someone it does not want. Councilman/Member Kelly stated that this was not like any other position such as an officer or a Lieutenant in charge of other things. This position would be a person to whom the Council would look to— the one who is concerned specifically with the City of Palm Desert. Mayor Pro-TemNice Chairman Ferguson stated that he would be having lunch with Chief Neil Lingle the following day and had planned to ask when Palm Desert would be getting its new Lieutenant, what the process was, and whether the Council could be involved in the selection process. He said Councilman/Member Kelly was welcome to join him or he could report back afterward. He agreed with Councilman/Member Kelly that the Council should be able to have some input in the selection. Councilman/Member Kelly stated that he would depend on Mayor Pro-Tem/Vice Chairman Ferguson to discuss this issue with Chief Neil Lingle and report back. Councilman/Member Spiegel disagreed with this issue and stated that the City of Palm Desert contracts with the Sheriff's Department, and until they are not doing the job they should be doing or have someone in that position that the Council cannot work with, he felt the Council should stay out of it. Mayor Pro-Tem/Vice Chairman Ferguson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman/Member Kelly moved to waive further reading and adopt: 1) City Council Resolution No. 00-71, adopting a City program and financial plan for the Fiscal Year July 1, 2000, through June 30, 2001; 2) City Council Resolution No. 00-72, establishing the Appropriations Limit for Fiscal Year 2000/01; 3) Redevelopment Agency Resolution No. 397, adopting a Redevelopment Agency program and financial plan for the Fiscal Year July 1, 2000, through June 30, 2001; 4) Housing Authority Resolution No. HA-12, adopting a Housing Authority program and financial plan for the Fiscal Year July 1, 2000, through June 30, 2001; 5) City Council Resolution No. 00-73, setting the salary schedule, salary ranges, and allocated classifications -- this is the preliminary salary table that does not include the new positions or reclassifications that the Acting City Manager will be recommending; these positions will be included in the salary schedule, salary ranges, and allocated classifications upon their approval, said motion to include minor adjustments to the respective resolutions for: a) Visitor Information Center carryover of Vacation Planner and Relocation Guide production for FY 00/01; b) RDA Housing Funds carryover for two projects, Desert Rose and Portola Palms Mobilehome Park for FY 00/01. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor/Chairman Crites ABSENT. XIV. ORAL COMMUNICATIONS None XV. ADJOURNMENT A. CONSIDERATION OF THE SETTING OF PUBLIC HEARINGS. With Council concurrence, this matter was added to the Agenda for Council consideration. Councilman Kelly suggested that Public Hearings be set earlier in the Council meetings so that they can be considered prior to 7:00 p.m. if time permits. Councilman Spiegel suggested that the meetings be planned for 4:00 p.m. to 6:00 p.m. If there is more business to be done, the Council can take a dinner break for one hour and then reconvene to complete items held over from the 4:00 p.m. session. Councilmember Benson stated that the purpose ofthe 7:00 p.m. portion was to accommodate the people who worked and could not attend the 4:00 p.m. session. She said she would have no objection to the change as long as there is still some mechanism to allow items requiring public input to be held until 7:00 p.m. Mayor Pro-Tem Ferguson suggested advertising everything for 4:00 p.m. and then leave it up to the discretion of the Council to put things over to a 7:00 p.m. hearing if either time or public interest demands it. Upon question by Councilman Kelly, Mr. Hargreaves responded that the public hearings could be advertised for 4:00 p.m., and a note could be put on the Agenda that public hearing items 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * advertised for 4:00 p.m. will be continued until 7:00 p.m. so that the public can attend and be heard. Councilman Spiegel moved to, by Minute Motion, direct staff to (on a trial basis) change the Agenda order to provide notification of and agendize public hearings for 4:00 p.m., with the Mayor/Mayor Pro-Tem and City Manager to review the Posted Agenda for exact order of consideration, reserving the right to hold items to 7:00 p.m. if either time constraints or public interest demanded. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites ABSENT. Upon motion by Spiegel, second by Benson, and 4-0 vote of the City Council with Mayor Crites ABSENT, Mayor Pro-Tem Ferguson adjourned the meeting at 7:17 p.m. JI FER ' U` ON, ; YOR PRO-TEMPORE ATTEST: RAC LLE D. KLASSEN, ACtING CITY CLERK----> CITY OF PALM DESERT, CALIFORNIA 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" PALM DESERT CITY COUNCIL MEETING JUNE 22, 2000 AGENDA ITEM VII - NEW BUSINESS ITEM D APPEAL OF DENIAL OF RV STORAGE PERMIT BY THE ARCHITECTURAL REVIEW COMMISSION TESTIMONY OF DON STEFFENSEN APPELLANT MAYOR, MEMBERS OF THE CITY COUNCIL MY NAME IS DON STEFFENSEN, 43060 TENNESSEE AVE. I AM THE APPELLANT IN THE ITEM BEFORE YOU. I HAVE A SHORT STATEMENT WITH ATTACHMENTS TO READ INTO THE RECORD. I HAVE PROVIDED THE CLERK WITH SIX COPIES FOR YOUR USE. WE ARE HERE BECAUSE IN A FEW DAYS WE WILL USE OUR SIXTH AND LAST 72 HOUR PARKING PERMIT FOR OUR RV. WE HAVE RENTED A STORAGE SPACE SINCE MARCH 1995 AND THIS HAS WORKED PRETTY WELL. BUT BECAUSE WE USE OUR RV FREQUENTLY THE SIX PERMIT LIMITATION POSES A PROBLEM WE ASKED CODE ENFORCEMENT IF THERE WAS ANY PROVISION TO OBTAIN ADDITIONAL 72 HOUR PERMITS. THEY ADVISED THAT THE CODE DOES NOT PERMIT THIS. (SEE ATTACHMENT 1) IN DISCUSSIONS THEY SUGGESTED WE AVAIL OURSELVES OF THE DAILY SHORT TERM PROVISION IN THE CODE WHICH DOES NOT REQUIRE A PERMIT. THIS COULD WORK FOR ALL BUT THE TIME IT TAKES TO COOL THE REFRIGERATOR AND CHARGE THE BATTERIES WHICH REQUIRE 8 TO 10 HOURS. WITH THE FORGOING IN MIND WE DETERMINED WE SHOULD TRY TO OBTAIN A PERMANENT PARKING PERMIT. WE FIRST VISITED 3 SITES WHERE RV PERMITS HAD BEEN APPROVED BY THE ARCHITECTURAL REVIEW COMM SSION. (SEE ATTACHMENT 2). WE THEN DESIGNED A PLAN UNDER ORDINANCE 915, CHAPTER 8.40 SECTION 8.40.050 1TEM C "'IN FRONT YARDS". I WILL NOT REPEAT THE DETAILED JUSTIFICATION FOR APPROVAL OF THIS PLAN SINCE MY TESTIMONY AND APPEAL DETAIL ARE IN THE STAFF REPORT ATTACHMENTS. . I WOULD SIMPLY SAY THAT OUR PLAN MEETS THE SPECIFIC AND GENERAL INTENT OF THIS PORTION OF THE CODE. IN PARTICULAR I WOULD NOTE THAT WE CAN PARK THE RV ENTIRELY ON PRIVATE PROPERTY AND ARE NOT REQUESTING AND SPECIAL CONSIDERATIONS OR EXCEPTIONS IN MEETING THE CODE. (SEE ATTACHMENT 3) AT THE ARC HEARING THEY FOUND NO HEALTH OR SAFETY ISSUES AND MADE NO SPECIFIC FINDINGS WHERE THE APPLICATION DID NOT MEET SECTION 8.40.50. IT APPEARED THAT THE PRIMARY CONCERNS WERE THE SIZE+ OF THE RV, HOW CLOSE 1T WOULD BE TO THE STREET NOT WITHSTANDING THAT IT WOULD NOT ENCROACH IN THE PUBLIC RIGHT OF WAY AND IT WAS AESTHETICALLY UNACCEPTABLE. THE STAFF REPORT STATES THE RV IS 11 FEET HIGH.. I PROVIDED THE STAFF WITH THIS MEASUREMENT. YESTERDAY I ACTUALLY MEASURED THE RV AND FOUND THE RV ITSELF IS 10 FEET HIGH. ADDING THE TWO AIR CONDITIONING UNITS ADDS 10 AND 1/2 INCHES. SO THE RV DOES NOT EXCEED THE HEIGHT OF THE GARAGE. WE PROVIDED THE SIX MOST DIRECTLY AFFECI EU PROPERTY OWNERS COPIES OF THE PLAN. ALL SIX, NOT FIVE AS STATED IN THE STAFF REPORT SUBMITTED LEITERS STATING THEY DID NOT OBJECT TO THE ISSUANCE OF THE PERMIT. THE ORIGINALS OF THESE LEITERS WERE PROVIDED TO STAFF. ( SEE ATTACHMENT 4). IF THERE IS NO WAY TO OBTAIN ADDITIONAL 72 HOUR PERMITS WE WOULD RESPECTE3FULLY REQUEST YOU REVERSE THE DECISION IF THE ARC. FINALLY I WOULD EXTEND MY APPRECIATION TO THE CODE AND PLANNING STAFFS FOR THERE ASSLSTANCE. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * June 13, 2000 Donald D. Steffensen 43060 Tennessee Avenue Palm Desert, CA 92211 Dear Mr. Steffensen: JUNE 22, 2000 * * * * * * * * * * * * * UIII U I 1 U L 111 u L J L n l 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-061 I FAX: 76o 341-7098 info @palm-deserr. org Thanks for your letter of June 7, 2000. With. regret, I do not have personal experience with the RV charging questions you asked in the above referenced letter. So far, out of the two hundred plus RV permits issued, you are the first RV owner to express this type of problem as unworkable. For some background, the RV owners on the City's RV committee that reviewed the City's RV Ordinance, expressed support with the current time allowance. As a suggestion, I would approach one of the many visible permitted RVs in the city and ask how they charge their batteries and refrigerator while complying with the City's RV ordinance. Regarding the extra permit request, unfortunately, the Ordinance only allows a set number of permits each year. I am sorry if this is not the reply you were expecting. The City has made every effort to address RV owners as well as nonowners concerns regarding this matter. The current RV Ordinance is that result. If you ire more information, please let me know. Cordially, Hart Ponder Code Compliance Supervisor. 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