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HomeMy WebLinkAbout2001-12-13MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 13, 2001 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Ferguson convened the meeting at 4:08 p.m. II. PLEDGE OF ALLEGIANCE - Councilmember Buford A. Crites III. INVOCATION - Mayor Pro-Tempore Richard S. Kelly IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro-Tempore Richard S. Kelly Councilman Robert A. Spiegel Mayor Jim Ferguson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Robert W. Hargreaves, Deputy City Attorney Sheila R. Gilligan, ACM for Community Services/City Clerk Richard J. Folkers, ACM for Development Services Justin McCarthy, ACM for Redevelopment Homer Croy, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa La Rocca, Director of Housing Martin Pinon, Director of Human Resources Joseph S. Gaugush, Director of Public Works/City Engineer David Yrigoyen, Director of Redevelopment Rachelle D. Klassen, Deputy City Clerk V. ORAL COMMUNICATIONS - A Mayor Ferguson announced that due to the substantial number of cards turned in for Oral Communications relative to the Daisy Lane/Betty Ford Center issue, those MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 in attendance on both sides of the issue were offered use of the City's Administrative Services Conference Room, along with excusing from the meeting at this time the City Manager, City Attorney, and Director of Community Development in order to sort out the points of contention and what potential existed for resolution or for finding a method to do so. He went on to say that those persons wishing to speak thereafter would be afforded the opportunity to do so later in this meeting. Interested audience members and named City staff members were then excused from the meeting. MR. ROBERT BROWN, 72-600 Fred Waring Drive, #501, Palm Desert, asked for Council's consideration of its policy for allowing pets in its housing properties. Mayor Ferguson acknowledged Mr. Brown's request and stated that the City would be reviewing its policy. MS. DORI CREE, 47-400 Southcliff Road, Palm Desert, wished to address the matter of roadway width adjacent to the Homme/Adams park. With Council concurrence, Ms. Cree was asked to hold her remarks until Consent Calendar Items J and Z-6 were considered. MR. HENRY HOYLE, 73-386 Palm Greens Parkway, Palm Desert, asked the City Council's consideration of contacting the City of New York City to obtain a portion of the ruins of the World Trade Center in order to memorialize the September 11 tragedy and its victims in an appropriate location within the City of Palm Desert, possibly the Civic Center Park. Further, he suggested that perhaps a fund raising event could be coordinated with the request, and monies raised could be forwarded to the victims. He felt the tragedy was of a magnitude that affected all Americans and the reason Palm Desert should have its own memorial. MR. MIKE LEHMANN, 74-090 Goleta Avenue, Palm Desert, wished to address the matter of the Fred Waring Drive Widening, Goleta Avenue, and points of access/cul-de-sac, deceleration lane, and pedestrian issues. With Council concurrence, Mr. Lehmann was asked to hold his comments until Consent Calendar Item Z-5 was considered. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. RECOGNITION OF CITY OF PALM DESERT EMPLOYEES WHO WERE HONORED DURING THE MONTH OF NOVEMBER FOR EXCEPTIONAL SERVICE. Mayor Ferguson and Mr. Pinon recognized the following employees at this time: Maria Arzaga, Efren Espinoza, Sonja De La Fuente, Shawn Kilpatrick, Hart Ponder, Karen Russo, Kristy Kneiding, Lock Witte, Bryce White, Veronica Tapia, and Max Ruiz. B. PRESENTATION TO RECOGNIZE MARK WEISMAN FOR HIS EFFORTS ON BEHALF OF THE PRESTIGE AT PALM DESERT NCAA GOLF TOURNAMENT, NOVEMBER 3-6, 2001. This presentation will be rescheduled. C. PRESENTATION OF CITY COUNCIL ARCHITECTURAL DESIGN AWARDS IN THE CITY OF PALM DESERT. Mayor Ferguson and Mayor Pro-Tempore Kelly made presentations to the following recipients: New Commercial - 1) The Cornerstone Office Complex, Mike Homme, Developer, Al Cook, Architect; 2) Foxx Homes Office Building, Jim Foxx, Developer, PrestNuksic, Architects; Commercial Rehab - 1) El Mirasol Restaurant, Felipe Castaneda, Owner, SOSA-LANZ, Designer; 2) Fedderly Companies Office, Mike Fedderly, Developer, ARC Design Studio/Stein and Associates; Bus Shelters - 1) The Milestone Office Building, Mike Homme, Developer, Rick Holden/AI Cook, Architects; 2) Buschlen Mowatt Gallery, Tim Bartlett, Developer and Designer; Large Scale Residential Landscaping - 1) The Canyons at Bighorn Highway 74 Berm, Bighorn Development, Developer, Robert Lamb Hart, Landscape Architects; 2) The Reserve Entrance/Portola, Lowe Reserve, Developer, Ross Greey, Greey and Picket; Sinale Family Residential Landscaping - 1) Eugene and Leatha Lisle, Owner; 2) Mr. and Mrs. Dennis Cunningham, Owner, Bob Cunningham, Landscape Architect. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 D. REORGANIZATION OF THE CITY COUNCIL. 1. SELECTION OF MAYOR AND MAYOR PRO-TEMPORE. Mayor Ferguson declared the office of Mayor vacant and invited nominations for that position. Councilman Spiegel moved to appoint Mayor Pro-Tempore Kelly to the office of Mayor. Motion was seconded by Councilman Crites and carried by a 4-0-1 vote, with Kelly ABSTAINING. Mayor Ferguson declared the office of Mayor Pro-Tempore vacant and invited nominations for that position. Councilman Crites moved to appoint Councilmember Benson to the office of Mayor Pro-Tempore. Motion was seconded by Councilman Spiegel and carried by a 4-0-1 vote, with Benson ABSTAINING. a) Comments by Outgoing Mayor and Mayor Pro-Tempore. Outgoing Mayor Ferguson thanked his colleagues, City staff, and residents for allowing him the privilege of serving as Mayor of the City of Palm Desert. Outgoing Mayor Pro-Tempore and Newly Selected Mayor Kelly said it had been his pleasure to serve the City as Mayor Pro-Tempore, and he felt it was a privilege to now serve as Mayor and represent the citizens and employees. b) Comments by Newly Selected Mayor and Mayor Pro-Tempore. Newly selected Mayor Pro-Tempore Benson said it would be a pleasure for her to serve in this capacity and assist the Mayor. Councilman Crites expressed appreciation to Mayor Kelly and outgoing Mayor Ferguson for the fine work they had done this past year. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 VII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of November 8, and November 22, 2001. Rec: Approve as presented. Councilman Crites abstained from the vote on the Minutes of the meeting of November 8, 2001, due to his absence from that meeting. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 42, 43, 44, 45, 46, 47, 48, 45PD Office Complex, 48PD Office Complex. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#459) by Richard Miner in the Amount of $317.72. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by RCSH Operations Inc. for Ruth's Chris Steak House, 74040 Highway 111, Building A, Suite G1, Palm Desert. Rec: Receive and file. D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Mahieu Louise Marie for La Gourmandise, 73575 El Paseo, Suite 2310-2312, Palm Desert. Rec: Receive and file. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 E. MINUTES of City Committee and Commission Meetings: 1. Art In Public Places Commission Meetings of September 19, and October 24, 2001. 2. Housing Commission Meetings of October 10, 2001. 3. Investment and Finance Committee Meeting of September 19, 2001. 4. Promotion Committee Meeting of October 23, 2001. 5. Public Safety Commission Meeting of September 19, 2001. 6. Technology Committee Meetings of October 2, and November 6, 2001. Rec: Receive and file. F. CITY'SAND REDEVELOPMENT AGENCY'S PORTFOLIO MANAGEMENT SUMMARY for the Months Ending September 30, and October 31, 2001 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. G-1. QUARTERLY ACCOUNT Statements on Deferred Compensation Plans. Rec: Receive and file. G-2. REQUEST FOR APPROVAL of City of Palm Desert Treasury Policies and Procedures Manual for 2002. Rec: By Minute Motion, approve the Treasury Policies and Procedures Manual for 2002, as amended. H. RESOLUTION NO. 01-116 - 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 (August 2001). Rec: Waive further reading and adopt. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 I. REQUEST FOR AUTHORIZATION, to Purchase Portola Palms Mobile Home Park Lot No. 17, Located at 43-155 Portola Avenue. Rec: By Minute Motion, approve the purchase of the subject property from Palm Desert Redevelopment Agency, as part of the capital improvements with Magnesia Falls Drive widening project, and authorize the Mayor to execute the Purchase Agreement. J. REQUEST FOR APPROVAL of the Purchase and Installation of 1750 Lineal Feet of Lodge Pole Fencing. Removed for separate consideration under Section VI II, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. K-1. REQUEST FOR AUTHORIZATION, to Advertise and Call for Bids for the Cook Street and Frank Sinatra Drive Improvements (Contract No. C19620, Project No. 678-01). Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for _ bids for the subject project; 2) authorize staff to purchase traffic signal controller assembly, poles, mast arms and street name signs for the subject project. K-2. REQUEST FOR AUTHORIZATION, to Advertise and Call for Bids for the Construction of Drainage Improvements within the Sagewood Subdivision (Contract No. C19630, Project No. 504-01). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. L. REQUEST FOR AUTHORIZATION, to Reject All Bids for the Civic Center Lagoon Maintenance (Contract No. C19070). Rec: By Minute Motion: 1) Reject all bid proposals; 2) authorize the continuation of lagoon maintenance with Southwest Aquatics, Palm Desert, California, through March 2002, while a new bid is prepared. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 M. REQUEST FOR APPROVAL of Agreement for Energy and Maintenance Costs for the Intersection of Country Club Drive and Villa Portofino/Palm Greens Parkway (Contract No. C19640). Rec: By Minute Motion, authorize the Mayor to execute the subject Agreement with Severin and Company, LLC, Santa Barbara, California. N. REQUEST FOR APPROVAL of Agreement with the Cities of La Quinta and Indian Wells for the Maintenance of Traffic Signals and Safety Lighting (Contract No. C19650). Rec: By Minute Motion, authorize the Mayor to execute the subject Agreement for the traffic signals located at Fred Waring Drive and Washington Street. O. REQUEST FOR RATIFICATION of City Manager's Authorization to Repair Civic Center Video Surveillance System. Rec: By Minute Motion, ratify the City Manager's authorization to repair and upgrade the Civic Center video surveillance system. P. REQUEST FOR APPROVAL of the First Amendment to Contract for Vector Control (Contract No. C07231) with the County of Riverside. Rec: By Minute Motion, approve the First Amendment to the subject contract for vector control services (excluding mosquito abatement), sewage complaint responses, trash and garbage responses, plan review and design for subsurface disposal systems, and engineering assistance in review of water lines and sewer lines. Q-1. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C18740 — President's Plaza III Improvements. Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject agreement with Dateland Construction Co., in the amount of $21,823.25 for additional services performed; 2) authorize the Director of Finance to transfer $21,823.25 from the project contingency to the base contract. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 Q-2. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C17900 — Palm Desert Beginning Skate Park and Water Features (Project No. 710-00). Rec: By Minute Motion, approve Change Order No. 2 to the subject contract with California Landscape and Design, Inc., Upland, California, for additional work necessary required for construction of the subject project in the amount of $8,878.00. Q-3. REQUEST FOR APPROVAL of Change Order No. 3 to Contract No. C17440 and Acceptance of Work - Civic Center Re -Roofing Project (Petronella Roofing, Cathedral City, CA). Rec: By Minute Motion: 1) approve Change Order No. 3 to the subject contract with Petronella Roofing, for additional work in the amount of $2,010; 2) appropriate an additional $2,010 from the Civic Center Capital Project Reserve for the balance of the change order; and 3) authorize the City Clerk to file a Notice of Completion for the subject project. _ Q-4. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C18140 — Country Club Drive Median Landscape Renovations (Project No. 598-00). Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject contract with Grey Wolfs Enterprises, Bermuda Dunes, California, in the amount of $5,550; 2) transfer $3,150 from the project contingency to base contract. R-1. REQUEST FOR ACCEPTANCE OF WORK for the Peace Memorial Landscape Renovation (Contract No. C18250, Project No. 605-01) (Enviable Greens, Palm Desert, California). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. R-2. REQUEST FOR ACCEPTANCE OF WORK for the 2001 Slurry Seal Program (Contract No. C18540, Project No. 751-01) (Pavement Coatings, Cypress, California). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 S. REQUEST FOR AUTHORIZATION to Release Future Improvement Agreement Relative to Properties at 73-555 Alessandro Drive and 44-900 San Pablo Avenue. Rec: By Minute Motion, authorize the City Manager to execute a release of agreement for the property located at 44-900 San Pablo Avenue, Palm Desert, California, discharging the encumbrance thereon while retaining the security agreement on the property located at 73-555 Alessandro Drive, Palm Desert, California. T. REQUEST FOR RELEASE of Grading Improvement Security for Tracts 28227-2, 28227-3, and 28227 (Sunrise Company, c/o Allan Levin Associates, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities. U. REQUEST FOR REIMBURSEMENT of Traffic Signal Mitigation Fees for Parcel Map 30314 (College Business Park). Rec: By Minute Motion, approve the request for reimbursement of 50% of the traffic signal construction cost at the intersection of Gerald Ford Drive and the main driveway for PM 30314/Cal State Driveway. V. REQUEST for Waiver of Fees Associated with 2002 "Great Strides" Walk Sponsored by Cystic Fibrosis Foundation. Rec: By Minute Motion, waive fees associated with the subject event, scheduled to be held on Sunday, April 14, 2002, at the Palm Desert Civic Center Park. W. REQUEST FOR APPROVAL of New Artwork Design forthe Shopper Hopper Trolleys. Rec: By Minute Motion, approve the new artwork design for the Shopper Hopper trolleys. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 — X. CONSIDERATION of Request to Participate in the Palm Desert Sister Cities Subcommittee 2nd Transpacific Golf Tournament. Rec: By Minute Motion: 1) Approve staff's recommendation and authorize payment of 5 foursomes in the subject tournament; 2) recommend an appropriation from the Unobligated General Fund Reserve in an amount not to exceed $2,000. Y. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C18630 — Fred Waring Undergrounding. Rec: By Minute Motion: Approve Change Order No. 1 in the amount of $21,266.92 to the subject contract with Intec Telecommunications, Palm Desert, California, for additional work on the Fred Waring Drive utility undergrounding; 2) authorize the Director of Finance to transfer $21,266.92 from Project Contingency to the base contract. Z. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies. 2. Civic Center Energy Conservation Update None 3. Left Turn lanes at Cook Street and Riviera Drive. 4. Magnesia Falls Drive Widening. 5. Fred Waring Drive Widening Project - Cul-de-sac of Goleta Avenue at Portola Avenue. Removed for separate consideration under Section VIII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 6. Update on Homme Adams Park. Removed for separate consideration under Section VIII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 7. Update on Regional Animal Shelter Facility. Animal Shelter item continued to the meeting of January 10, 2002. Councilman Crites stated that he would be abstaining from the vote on Item A, as he was not present at the meeting of November 8, 2001. He also requested that Items Z-5and Z-6 be removed for separate consideration. Councilman Ferguson requested that Item J also be removed for separate consideration. Councilman Spiegel moved to approve the remainder of the Consent Calendar. Motion was seconded by Ferguson and carried by a 5-0 vote, with Councilman Crites ABSTAINING on the vote for Item A, Minutes of the Meeting of November 8, 2001, due to his absence therefrom. VIII. CONSENT ITEMS HELD OVER J. REQUEST FOR APPROVAL of the Purchase and Installation of 1750 Lineal Feet of Lodge Pole Fencing. Councilman Ferguson stated he had asked that this item be removed in order to find out whether this was to the satisfaction of Mrs. Dori Cree and if she felt this would adequately delineate and protect her privacy interests. Mrs. Cree stated she was most appreciative and felt this was a nice looking fence that would delineate the park from her property. Councilman Spiegel moved to, by Minute Motion, authorize the purchase and installation of 1,750 (±) lineal feet of lodge pole pine fencing from Fence Factory, Agoura, California, in an amount not to exceed $25,000. Motion was seconded by Crites and carried by a 5-0 vote. Z. INFORMATIONAL ITEMS: 5. Fred Waring Drive Widening Project - Cul-de-sac of Goleta Avenue at Portola Avenue. Ms. Lauri Aylaian reviewed the staff report. She said staff's recommendation was to proceed and cul-de-sac just the west end of Goleta Avenue at this time, observe the traffic for the next three to six months after that work is done, and meet again with the residents and 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 determine if there is need to cul-de-sac the east end as well and if it is supported by the residents. She noted that another issue addressed was whether it would make more sense to do it all at the same time; however, she did not believe there was any economy of scale that would be realized by doing the cul-de-sac at the east end at the same time as at the west end. Upon question by Mayor Kelly relative to the right turn in off of Fred Waring, Ms. Aylaian responded that there were concerns that there would be rear -end accidents from motorists speeding through the Portola traffic signal and not slowing in time or not watching for the cars turning right in front of them. Mr. Mark Greenwood said he felt this intersection would be no different than hundreds of other intersections in the City. He said there was a limited amount of landscaping, and he felt the area would look barren if there was a right -turn lane. Upon question by Mayor Pro-Tempore Benson, Ms. Aylaian responded that right now, the proposal was to add a new entrance off of Fred Waring. Were the east end to be cul-de-sacced as well, the City would have to purchase property and provide a second access road down toward the east end in order to have access for emergency vehicles. She added that another reason staff was not in favor of adding a deceleration lane was that it would significantly impact two existing residences. MR. MARK RATLIFF, 74-065 Goleta Avenue, directly across from the new entrance from Fred Waring, stated he was in favor of the cul-de- sac and would prefer to have both ends cul-de-sacced. He said approximately 650 feet from the east end was another property that could be purchased so that there could be two entrances. He expressed concern with the impacts from lights shining into his two bedrooms and living room that face north, and he was also concerned with increased noise. MR. MIKE LEHMANN, 74-090 Goleta Avenue, said with regard to the deceleration lane, he did not feel 50 feet or so less landscaping would be a problem. He felt it was important to have that right -turn lane for safety reasons, especially with the potential for students to be walking on the sidewalk that will be close to the wall. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 Ms. Aylaian stated that staff had offered to work with Mr. and Mrs. Ratliff to develop landscaping that would screen them from the headlights. She said Mrs. Ratliff had indicated to her that she would rather wait to see how it would play out after the road was actually built, and the landscaping would be a good suggestion if it turned out that the lights were a problem. Staff was also reviewing the concern regarding amplification of sound between the two walls, and the sound engineers would be looking at this further to see if there were some mitigation measures that needed to be done. Upon question by Councilman Crites relative to whether there is even room for a deceleration lane, Mr. Greenwood stated that if there is no landscaped area now, then there would not be any room to put a deceleration lane in. He noted that there would be three lanes plus a striped bicycle lane in this area, and it was legal to encroach into the bike lane when turning right. Upon question by Councilman Crites, he said it was approximately six feet wide. Councilman Crites asked if there was room in that area to extend the width of the bike lane to eight feet and whether that would provide any practical real benefit or if it would be better left as it is. Mr. Greenwood responded that the sidewalk could be narrowed from eight feet to six feet, and the traffic lane widths could be adjusted down from 12 feet to 11 feet, so there was room to be gained if the Council so wished. He added that if there was not landscaping, he would not recommend a six-foot sidewalk because it would not be a very comfortable pedestrian experience. Councilman Spiegel stated his concerns were: 1) Is there enough room for a vehicle to get far enough over when turning right so as not to interfere with traffic going straight on Fred Waring Drive; 2) safety of students who will be crossing the new road that goes into Goleta. With Council concurrence: 1) The staff report was received as presented for the cul-de-sac issue; 2) Councilmen Crites and Spiegel were authorized to meet with staff, Mr. Lehmann, and Mr. Ratliff to review potential project adjustments related to sound and Tight mitigation, pedestrian travel, and deceleration lane, with further authorization for those Councilmen to make said adjustments as deemed appropriate. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 6. Update on Homme Adams Park. Mrs. Dori Cree noted that she had included in her letter the memorandum from Mr. Folkers from 1990 where he said the absolute minimum width of the road consistent with the safe movement of traffic should vary from 28 to 32 feet. She expressed concern with the width of the road and said there was more traffic than ever before. She asked that Council give the residents consideration as to the safety of the width of the easement. She said she felt the photo she submitted clearly showed there was plenty of room to move the palm logs back the additional footage being requested, an average of seven feet. She noted that Mr. Folkers had met with her and walked with her up and down the channel, and he at the time did not see any problem in widening the road the required distance. Councilman Ferguson said the argument seemed to be that every other road in Palm Desert was required to be a certain width, and this one should be as well. He noted, however, that there are no other roads in Palm Desert that abut a 16-foot deep concrete storm channel. He added that the City's Traffic Engineer had convinced him over the years that the wider and straighter the street, the faster people will travel on it. He said while he had no problem with widening the street, he did have concerns with having an exposed access to a concrete channel as far as the safety of drivers whose average speed may increase as a result of widening the road. Mrs. Cree stated she did not feel the speed would be significantly impacted by widening the street another eight feet, and it would actually be safer for everyone if the street were widened. Councilman Ferguson asked if she would be concerned if the City delineated the eastern boundary of the easement three feet out from the edge of the wash with some type of fencing material that would keep vehicles away from the channel. Mrs. Cree responded that she felt this would be good as long as the three feet was added to the other side. She said she would like to see a minimum of 28 feet in width for the road for safety reasons. Mr. Folkers reviewed the staff report, noting that the memorandum referred to by Mrs. Cree was entitled "Hillside Roads" and was not meant for surface roads. He said it was something that he and 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 Ramon Diaz had done for roads that were going to go up into the mountains, and all of the information contained therein was related to that. Upon question by Councilman Ferguson, he stated that the width of the easement right now as delineated with the palm logs varied from as low as 15 feet to as high as 21 feet. Councilman Ferguson noted that the average then was approximately 18 feet, and he asked if there were any other surface streets in Palm Desert that were 18 feet in width. Mr. Folkers responded that there were none. Mr. Folkers noted staffs recommendation that the service road travelway be a minimum of 20 feet in width with a two -foot buffer on each side, with the palm logs to be straightened to be in a uniform pattern. He added that this would average approximately 25 feet in total width. Upon question by Councilman Ferguson, Mr. Greenwood stated that he was comfortable with the recommendation from a public safety standpoint. Councilmember Benson expressed concern that the Council had only heard from one resident from this area, Mrs. Cree. Councilman Ferguson stated his concern with the road was that it had become a political football. He said he felt it should be done once and done right and that what should govern the criteria for design should be public safety and facilitation of traffic rather than what people think should be safe or what should be natural. He said he felt Mrs. Cree had raised a valid concern about public safety. The City's Traffic Engineer had apparently agreed with it if he is going to widen 75 percent of the road. Councilman Ferguson moved to, by Minute Motion, approve: 1) Retention of the temporary parking lot until construction is completed; 2) service road travelway to be made 20 feet wide with a two -foot buffer on each side and straightening of the existing palm logs to accommodate same. Motion was seconded by Benson. Mayor Kelly asked how close the smoke trees this would be, and Mr. Folkers responded that the closest would be about two and three-quarters feet from the palm logs. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 Councilman Spiegel asked if it would be difficult to add four feet later if the Council felt it was necessary after the road is completed. Mr. Folkers responded that it would be difficult to do because of the smoke trees, but it could be done. Mayor Kelly called for the vote, and the motion carried by a 4-1 vote, with Mayor Kelly voting NO. IX. RESOLUTIONS A. RESOLUTION NO. 01- 117 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING CONSIDERATION BY THE RIVERSIDE COUNTY COMMITTEE ON SCHOOL DISTRICT ORGANIZATION, FOR THE TRANSFER OF CERTAIN TERRITORY FROM PALM SPRINGS UNIFIED SCHOOL DISTRICT TO DESERT SANDS UNIFIED SCHOOL DISTRICT. Planning Intern Daniel Bilyeu reviewed the staff report, noting that he felt the County would probably not approve this because only eight of the nine criteria in the Education Code were met. He said Palm Springs Unified School District was concerned because it would lose approximately $38 million over a 40-year period due to this proposed boundary change which would place all of Palm Desert's schools within the Desert Sands Unified School District. Councilman Ferguson said it had always been his belief that the fees paid to the school district were to offset the costs incurred by the district in educating those students. If those students are then in Desert Sands Unified School District, Palm Springs Unified will have lost an expense as well as an income item, and they should balance each other out and be zero. Councilman Spiegel noted that Sacramento rather than the County had the final say. He said this would be Palm Desert's last chance to try to take the matter to Sacramento to get the entire city within one school district. Councilman Spiegel moved to waive further reading and adopt Resolution No. 01-117. Motion was seconded by Crites and carried by a 5-0 vote. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 X. ORDINANCES For Introduction: A. ORDINANCE NO. 1008 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.88 OF THE PALM DESERT MUNICIPAL CODE REGARDING ADULT ENTERTAINERS. Mrs. Gilligan stated that Mr. Paul Gibson was available to answer any questions. Councilman Crites moved to waive further reading and pass Ordinance No. 1008 to second reading. Motion was seconded by Spiegel and carried by a 5-0 vote. For Adoption: None XI. NEW BUSINESS A. CONSIDERATION OF PARTICIPATION IN THE "EVERY 15 MINUTES" PROGRAM AS ORGANIZED BY THE PALM DESERT POLICE DEPARTMENT. Councilman Spiegel moved to, by Minute Motion: 1) Concur with the recommendation of the Public Safety Commission to participate in the subject program as an event sponsor; 2) appropriate an amount not to exceed $16,000 from the Unobligated General Fund Balance for said sponsorship. Motion was seconded by Crites and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF A THIRD AMENDMENT TO LEASE AGREEMENT WITH DESERT SANDS UNIFIED SCHOOL DISTRICT (Contract No. C16970). Councilman Crites moved to, by Minute Motion, approve the Third Amendment to Lease Agreement with Desert Sands Unified School District, La Quinta, California, for the property commonly known as Olsen Field and Community Park, and authorize the Mayor to execute same. Motion was seconded by Spiegel and carried by a 5-0 vote. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 C. RECOMMENDATION FROM THE TECHNOLOGY COMMITTEE RELATIVE TO PROCEEDING WITH THE DEVELOPMENT AND HOSTING OF AN E-GOVERNMENT WEBSITE. Mrs. Gilligan reviewed the staff report, noting that the Technology Committee had hired Sitewire to come in and do a framework. In the process, they met with each department head and each division Assistant City Manager. When Sitewire completed the framework, it came back with an estimate of $112,000. When Council approved the Sitewire contract, it said it may choose to go out to bid or go with Sitewire, depending on the outcome of the framework. The Technology Committee was concerned with the cost of $112,000 and felt going to RFP might produce a lower cost for the project. Staff's concern was that doing this might delay the project by a minimum of nine months and any cost savings would be negated by said delay. Staff's recommendation was to move forward with Sitewire. Councilman Spiegel agreed and said he felt the framework was really very good. He said once this is completed, he would recommend that the City go locally to make sure it is maintained. Mrs. Gilligan added that staff would like to allow Sitewire to maintain the site for at least one year in order to fine tune the site as needed. Councilman Ferguson stated that the troubling part for people will be why the Council did not go out to bid on a $100,000 contract, which he wanted to address. He said months had been spent with this group in putting together the framework, including meeting with the managers, holding full -day seminars and meetings, and putting in hundreds of hours. He noted that when Palm Desert became a charter city, a provision was put in that would allow the City to not go to bid in these types of instances. Councilman Ferguson moved to, by Minute Motion, concur with the recommendation of staff and authorize the City Manager or his delegate to negotiate a contract with Sitewire Marketspace Solutions, LLC, Tempe, Arizona, in an amount not to exceed $110,000. Motion was seconded by Spiegel and carried by a 5-0 vote. With City Council concurrence, Mayor Kelly suspended the Agenda at this point in order to consider Continued Business Item C. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 D. REQUEST FOR APPROVAL OF A RELEASE AND TERMINATION AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT REDEVELOPMENT AGENCY (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega reviewed the staff report and recommendation, noting that this would void an agreement between a previous landowner and the City for property that has been purchased by the Redevelopment Agency. Councilman/Member Spiegel moved to, by Minute Motion, approve the Release and Termination Agreement between the City of Palm Desert and the Palm Desert Redevelopment Agency. Motion was seconded by Benson and carried by a 5-0 vote. E. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR THE PROCUREMENT OF PLANT MATERIAL FOR THE FRED WARING DRIVE WIDENING PROJECT (CONTRACT NO. C19660). Councilman Crites moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for plan material grown to contract specifications for use in the subject project. Councilman Spiegel stated he would like to see the design of this project, and Council concurred. Motion was seconded by Spiegel and carried by a 5-0 vote. F. REQUEST FOR APPROVAL OF ENGINEERING SERVICES FOR HIGHWAY 74 UTILITY UNDERGROUNDING (CONTRACT NO. C19670). Mr. Ortega noted the staff report in the packets. Councilman Spiegel moved to, by Minute Motion: 1) Approve the subject contract for engineering services with Tetra Tech, Inc., Palm Desert, California; 2) authorize the Director of Finance to appropriate $95,908, plus 10% contingency in the amount of $9,500 (for a total of $105,408) from Fund 400. Motion was seconded by Ferguson and carried by a 5-0 vote. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 XII. CONTINUED BUSINESS A. REQUEST FOR AWARD OF CONTRACT. FOR ARTWORK FOR THE MONTEREY AVENUE MEDIAN ENHANCEMENT PROJECT, AN ART IN PUBLIC PLACES/PUBLIC WORKS COLLABORATIVE (CONTRACT NO. C18000-B) (Continued from the meeting of October 25, 2001). Councilman Ferguson moved to, by Minute Motion, approve staff recommendation not to proceed with award of the subject contract. Motion was seconded by Spiegel and carried by a 5-0 vote. B. CONSIDERATION TO DISCONTINUE PROGRESS ON THE I-10 AND MONTEREY AVENUE LANDSCAPE AND SCULPTURE INSTALLATION (CONTRACT NO. C18000-A, PROJECT NO. 586-00) (Continued from the meeting of October 25, 2001). Councilman Ferguson moved to, by Minute Motion, do not obligate TEA grant funds and discontinue progress on the subject project. Motion was seconded by Spiegel and carried by a 5-0 vote. C. CONSIDERATION OF CITY PARTICIPATION IN CONSTRUCTION COSTS FOR OFF -SITE IMPROVEMENTS ASSOCIATED WITH PRECISE PLAN 01-03, COOK STREET PLAZA - NORTHWEST CORNER OF COOK STREET AND SHERYL AVENUE (COOK STREET ASSOCIATES, LLC, APPLICANT) (Continued from the meetings of September 27, October 11, and October 25, 2001). Mrs. Gilligan noted that Mr. Gaugush was available to answer any questions. MR. SABBY JONATHAN stated that although the original position of Cook Street Associates was that because the project was not responsible for the need to widen Cook Street, it should not have to pay for said widening, he would not address that issue. He said the objective became to work with the City to find a way to make this happen. Some of the structural elements were redesigned, and they found a way to same some construction costs. This enabled the applicant to pay for half of those costs, which they felt would be appropriate from the City's standpoint. He said he felt there had been an unfair amount of burden on one property in the form of creating a turnout for the bus shelter, building the bus shelter, dedicating a portion of the land without compensation, and paying for the widening of Cook Street and Sheryl. In addition, he felt there was ample precedent for City participation in this type of project as listed in the staff report and his letter. He also said they doubted the project could proceed without partnering on 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 this. In the event the project does not move forward, the City would incur the entire cost of widening and would be required to purchase the land this developer was offering to dedicate without compensation. Councilman Crites asked if any of the precedents listed by Mr. Jonathan happened subsequent to the approval of a project as happened with this project where it was approved and then Mr. Jonathan came back with this request. Mr. Gaugush stated that to the best of his knowledge, the precedents identified by Mr. Jonathan were part of the development review process. In this case, there is an after the fact request, and the others were all undertaken as a total project concept. Mr. Jonathan noted that the reason for this subsequent request was that they did not understand they were going to be required to pay for the off site work until they went through the permitting process. At that point, the appeal period had expired, and that is why the developer was before Council now. Councilman Spiegel asked if Mr. Jonathan was agreeing with staff's recommendation, and Mr. Jonathan responded that at this point they could do that. Mr. Gaugush stated that the staff report refers to participation for the Cook Street frontage improvements only, and that was staff's recommendation, although the Agenda listed off -site improvements. Councilman Ferguson stated that it appeared this was the same identical request as discussed the last time this project was before Council. The only thing that seemed to have changed was Mr. Jonathan's willingness to put up half the cost. Mr. Gaugush confirmed that this was correct. Councilman Spiegel moved to, by Minute Motion approve the City's participation in the construction costs for off -site improvements associated with Precise Plan 01-03. Such participation shall be limited to 50% of the actual construction costs to a maximum value of $50,000. Motion was seconded by Benson and FAILED by a 2-3 vote, with Councilman Ferguson, Councilman Crites, and Mayor Kelly voting NO. With Council concurrence, Mayor Kelly adjourned the meeting to Closed Session at 6:05 p.m. He reconvened the meeting at 7:05 p.m. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 XIII. OLD BUSINESS A. REQUEST FOR AWARD OF BID FOR PURCHASE OF FLEET VEHICLES. Councilman Ferguson moved to, by Minute Motion, award the purchase of two (2) Ford F-150 CNG bi-fuel 4x4 pickup trucks to Villa Ford, Orange, California, in the amount of $53,028.63. Motion was seconded by Spiegel and carried by a 5-0 vote. XIV. PUBLIC HEARINGS A. REVIEW OF AB1600 DEVELOPER IMPACT FEE REPORT. Mayor Kelly declared the public hearing open and requested a staff report. Mr. Gibson reviewed the staff report and offered to answer any questions. Upon question by Councilman Spiegel, he responded that it had been approved by Mr. Ed Kibbey of the Building Industry Association (BIA). Mayor Kelly 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, by Minute Motion, receive and file the report. Motion was seconded by Ferguson and carried by a 5-0 vote. XV. REPORTS AND REMARKS A. CITY MANAGER None 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 B. CITY ATTORNEY 1) Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex, 73-710/720 Fred Waring Drive, Palm Desert, CA Negotiating Parties: Agency: Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: George Hanover & Richard Weiss Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex, 73-710/720 Fred Waring Drive, Palm Desert, CA Negotiating Parties: Agency: Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Alzheimer's Disease & Related Disorders Association Under Negotiation: x Price x Terms of Payment 3) Property: APN 625-021-004, 74-050 Goleta Avenue Negotiating Parties: Agency: Dave Yrigoyen/Lauri Aylaian Palm Desert Redevelopment Agency Property Owner: City of Palm Desert Other Parties: Sheila M. Vandeventer Under Negotiation: x Price x Terms of Payment 4) Property: APN 625-021-006, 74-070 Goleta Avenue Negotiating Parties: Agency: Dave Yrigoyen/Lauri Aylaian Palm Desert Redevelopment Agency Property Owner: City of Palm Desert Other Parties: Paul E. Cameron Under Negotiation: x Price x Terms of Payment 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 5) Property: Two -acre site (4 lots) NEC DeAnza Way/San Carlos Negotiating Parties: Agency: Carlos L. Ortega/Phil Drell/City of Palm Desert/Redevelopment Agency. Property Owner: Robert & Beatrice Scott Under Negotiation: x Price x Terms of Payment 6) Property: 500 Sq. Ft. of Property--NWC Washington Street and Fred Waring Drive. Negotiating Parties: City: Carlos Ortega/Phil Drell/City of Palm Desert Property Owner: Steve Lyle Under Negotiation: x Price x Terms of Payment 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 b) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 025112 c) Renee Capela v. City of Palm Desert, Riverside County Superior Court Case No. INC 021720 d) Betty L. Szymanski v. City of Palm Desert, United States District Court - Central District of California e) City of Palm Springs v. All Persons Interested, Riverside County Superior Court Case No. INC 051124. Personnel - City Manager (Government Code Section 54957) Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 3 2) Report and Action from Closed Session Made at This Meeting. None 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 C. CITY CLERK 1. Report on Appointment Made to Architectural Review Commission at Council's Meeting of November 8, 2001. Mrs. Klassen stated that the Council, at its meeting of November 8, 2001, appointed Mr. John O'Hea to the Architectural Review Commission. However, staff discovered when preparing his appointment letter that his address is actually outside the City's boundaries and is within the County of Riverside. Therefore, he was not eligible per the City's residency requirement for committee/commission service. Councilman Ferguson moved to, by Minute Motion, rescind the action of November 8, 2001, which appointed John O'Hea to the Architectural Review Commission, due to his address being outside the City's boundaries. Motion was seconded by Spiegel and carried by a 5-0 vote. 2. Committee/Commission Applicants Mrs. Klassen stated that she had provided information to the Councilmembers relative to applications received from persons interested on serving on City committees/commissions. Mayor Kelly suggested that two Councilmembers be appointed to review these applications and make recommendations as far as individuals to be interviewed by the City Council for possible appointment. Councilman Ferguson moved to, by Minute Motion, authorize Mayor Kelly and Mayor Pro-Tempore Benson to select from the applications provided to the City Council on November 29, 2001, a suitable pool of applicants to be scheduled for interviews by the entire Council in the near future. Motion was seconded by Crites and carried by a 5-0 vote. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Materials Recovery Facility (Councilman Buford A. Crites). Councilman Crites stated that the County had called for proposals for a potential Materials Recovery Facility (MRF) or waste energy plant. The City of Cathedral City was now also making requests for an MRF, Palm Springs was interested in one, and a few meetings ago, Mr. Tom Noble had addressed the City Council about a facility they were proposing in the City's North Sphere. Therefore, Councilman Crites felt appropriate officials and City staff should begin discussing what Palm Desert wanted for its waste flow or be left without any options. Councilman Spiegel noted that Waste Management had stated it was working with Cathedral City on a project. Mrs. Gilligan commented that staff was familiar with the situation; Robert Kohn had been tracking developments. With Council concurrence, Councilman Spiegel and Mayor Kelly volunteered to serve as a subcommittee along with appropriate staff to study the matter of an MRF facility for the City's waste stream. 2. Construction Proiect at Highway 111/Monterey Avenue/Highway 74 (Councilman Robert A. Spiegel) Councilman Spiegel expressed his significant disappointment in the progress of the subject project that was to have been completed by early November, yet on his way by this morning, work was still being done. Further, he didn't feel the quality of work there was very good. He asked staff to give strong consideration for incorporating penalty clauses in future projects that impacted high traffic locations, especially those adjacent to shopping areas. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 3. Desert Willow Traffic/Oasis Circle Palm Trees (Councilman Robert A. Spiegel) Councilman Spiegel expressed his opinion that the bearded palm trees at the entrance to Desert Willow in the entry circle were a bit overpowering. With the formal Clubhouse right there, he felt something a bit more refined was in order, especially with the two new hotels coming. Councilman Crites responded that he believed the trees should be left alone until the spring, when they would look their best, with a decision to be made at that time. He had a very different feeling about their presentation and had received a significant number of compliments about the installation now that it was complete, something that would complement any hotel. Councilman Ferguson commented he also noticed the palm trees when he attended the party Saturday night, feeling they looked great at night with the lighting, but they did obscure the view of the Clubhouse. Therefore, he concurred with Councilman Spiegel; however, he felt they should be left until the second hotel operator was identified, then the City could discuss their appearance with both hotel operators. Mayor Pro-Tempore Benson acknowledged her agreement with Councilman Spiegel in preferring trimmed palm trees. She felt the bearded trees detracted from the beauty of the Clubhouse, yet she was willing to wait until spring to see how they looked then. With Council concurrence, staff was asked to have a report ready for the Council's meeting of June 13, 2002, to address the issue of trimmed or bearded palm trees at the subject location, including input from the two hotel developers as to what they'd like to see there. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2001 o City Council Committee Reports: 1. Update on Energy Issues (Councilman Buford A. Crites). No report. XVI. ADJOURNMENT Upon motion by Spiegel, second by Crites, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting at 7:50 p.m. He reconvened the meeting at 8:45 p.m. in order to add the following item to Closed Session consideration, immediately adjourning back to Closed Session thereafter: Upon a motion by Councilman Ferguson, second by Councilman Crites, and 5-0 vote of the City Council, the following case was added to the agenda for Closed Session consideration. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): f) Holland -Lowe Construction, Inc. v. City of Palm Desert, Riverside County Superior Court Case No. RIC 356152 Mayor Kelly reconvened the meeting at 9:10 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: _col SHEILA R. GILLIGAN, CITY CLtRK CITY OF PALM DESERT, CALIFORNIA KICHARD S. KELLY/IAYOR 29