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HomeMy WebLinkAbout2002-02-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 14, 2002 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Kelly convened the meeting at 4:02 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Jean M. Benson III. INVOCATION - Councilman Robert A. Spiegel IV. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. Crites Councilman Jim Ferguson — Councilman Robert A. Spiegel Mayor Richard S. Kelly Also Present: Sheila R. Gilligan, Acting City Manager David J. Erwin, City Attorney 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 MS. TERI FERRO, 29054 Forest View, Lake Elsinore, CA, addressed the Council to introduce herself as candidate for the position of Riverside County Auditor -Controller in the upcoming March 5th Election. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 24, 2002, and the Adjourned Joint City Council and Redevelopment Agency Meeting of January 30, 2002. Rec: Approve as presented. • Continued the Minutes of the Meeting of January 24, 2002, to the meeting of February 28, 2002. 5-0 • Approved the Minutes of January 30, 2002, 4-0-1 with Councilman Ferguson ABSTAINING due to his absence from that meeting. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 61, 62, 63, 64, 65, 66, 67, 68, 62PD Office Complex, 64PD Office Complex, 68PD Office Complex. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#468) by Richard Coggin in the Amount of $150,000. 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 Rebecca Food, Inc., for The Bella Luna, 73-375 El Paseo, Q & R, Palm Desert. Rec: Receive and file. D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Joe Chen, Xiao G. Ren, and Christina Lei Wang for Pak Inn Buffet, 72-600 Dinah Shore Drive, Palm Desert. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 — E-1. PORTFOLIO MANAGEMENT SUMMARIES for the City and Redevelopment Agency for the Months Ending November30, and December31, 2001 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. E-2. REQUEST FOR APPROVAL of Statement of Investment Policy 2002 (Joint Consideration with the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and Palm Desert Financing Authority). Rec: By Minute Motion, approve the Palm Desert Statement of Investment Policy 2002, as amended. F. AUDITED FINANCIAL REPORTS for Desert Willow Golf Resort for the Fiscal Year Ending June 30, 2001, and Management Letter. Rec: Receive and file. G. AUDITED FINANCIAL REPORTS for Palm Desert Recreational Facilities Corporation for the Fiscal Year Ending June 30, 2001. Rec: Receive and file. H. MINUTES of City Committee and Commission Meetings. 1. Art In Public Places Commission Meeting of December 19, 2001. 2. Citizens' Advisory Committee for Project Area No. 4 Meeting of September 17, 2001. 3. Civic Arts Committee Meeting of December 10, 2001. 4. Housing Commission Meeting of December 12, 2001 5. Investment & Finance Committee Meeting of November 21, 2001. 6. Outside Agency Funding Committee Meeting of April 20, 2001. 7. Promotion Committee Meeting of December 18, 2001. 8. Sister Cities Subcommittee Meetings of September 20, October 18, and November 15, 2001. Rec: Receive and file. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 I. RESOLUTION NO. 02-6 - 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 (October 2001). Rec: Waive further reading and adopt. J. REQUEST FOR AWARD OF CONTRACT for the Drainage Improvements within the Sagewood Subdivision (Contract No. C19630). Rec: By Minute Motion: 1) Award the subject contract to Cora Constructors, Palm Desert, California, in the amount of $29,300, authorize a 10% contingency in the amount of $2,930 — project total of $32,230 — and authorize the Mayor to execute same; 2) appropriate $32,230 from the Unobligated Drainage Fund 232. K. REQUEST FOR APPROVAL of Change Order Nos. 6 and 7 to Contract No. C18630-A — Fred Waring Drive Masonry Block Wall Construction from San Pascual Avenue to Deep Canyon Road. Rec: By Minute Motion, approve Change Order Nos. 6 and 7, totaling $30,697, to the subject contract with Cora Constructors, Palm Desert, California, for provision of dust control, sweeping, and application of dust palliative in the management of work performed by Southern California Edison, Verizon, and Time Warner Cable on the project to underground utilities on Fred Waring Drive, between San Pascual Avenue and Deep Canyon Road — funds for this work are available in the FY2001/02 Capital Improvements Program Budget for this project. L. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C18700 — 2001 Curb, Gutter, and Cross Gutter Repair Program. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $25,326 to the subject contract with Contreras Construction Company, Indio, California, and authorize the Mayor to execute same; 2) transfer $19,150 from contingency to base for the subject project; 3) authorize the use of $6,176 available in Account No. 110-4312-433-3020. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 M. REQUEST FOR APPROVAL of Change Order No. 1 to Contract — No. C19170 — Storm Drain Construction on Gerald Ford Drive from Portola Avenue to Cook Street. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $3,565.12 to the subject contract with Hemet Manufacturing Company dba/Genesis Construction, Hemet, California, and authorize the Mayor to execute same; 2) transfer said funds from contingency to base for the subject project. N-1. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C18630 — Fred Waring Drive Utility Undergrounding Project (Intec Telecommunications, Inc., Palm Desert, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. N-2. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C19400 — Construction Services for the Interior Remodel of the Building and Safety Department (Doug Wall Construction, Inc., Bermuda Dunes, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. O. REQUEST FOR APPROVAL of Contract Amendments for the Valley -wide Labor Market Analysis and Business Visitation. Rec: By Minute Motion, approve amendments to: 1) Contract No. C16952 with the Riverside County Economic Development Agency, extending the agreement date from December 31, 2001, to April 30, 2002; 2) Contract No. C16952-C with the Coachella Valley Economic Partnership, Palm Desert, California, extending the agreement date from December 31, 2001, to April 30, 2002. P. REQUEST FOR APPOINTMENT of Members of the President's Plaza III Business Improvement District Advisory Board. Rec: By Minute Motion, appoint Mr. David Fletcher, Mr. Bill Warner, Mr. Steven Delateur, and Mr. Ed Berkley to the President's Plaza III Advisory Board. Approved 4-0-1 with Councilman Ferguson ABSTAINING due to the proximity of his law office to the subject project. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 Q. CONSIDERATION of Legislative Review Committee Action on SB 994 (Morrow) at its Meeting of January 15, 2002. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of January 15, 2002, and direct staff to prepare a letter of support for the Mayor's signature with regard to SB 994 (Morrow) relative to public skateboard park regulations. R. REQUEST FOR APPROVAL of the Schedule for American Flag Display on El Paseo. Removed for separate discussion under Section VIII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. S-1. REQUEST FOR APPROVAL of Sponsorship of the 2002 Desert Senior Inspirational Awards. Rec: By Minute Motion, authorize an expenditure of $675 to sponsor two tables and contribute toward a gift for the 2002 Desert Senior Inspirational Award and select a Palm Desert resident, over the age of 70 years, who personifies the ideals of this most worthwhile program — funds are available in Account No. 110-4416-414-3061 and no appropriation is required. S-2. CONSIDERATION of Request for Sponsorship of the 2002 Palm Desert Games. Rec: By Minute Motion, affirm the recommendation of the Palm Desert Promotion Committee to endorse the concept of the Palm Desert Games, a regional event sanctioned by the Senior Olympics Committee, and purchase a sponsorship for this event in the amount of $20,000 to be appropriated from the Unobligated General Fund to Account No. 110-4416-414-3061. S-3. CONSIDERATION of Request for Sponsorship of the Waste -To -Wonders Art Challenge. Rec: By Minute Motion, approve an expenditure of $1,000 to assist in underwriting the first annual Waste -To -Wonders Art Challenge, scheduled to be held April 13, 2002, at The Gardens on El Paseo — funding is available in the FY2001/02 Budget, Account No. 110-4416-414-3061, no appropriation is required. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 T REQUEST FOR APPROVAL of Exploratory Trip to Sister City Gisborne, New Zealand. Rec: By Minute Motion, approve the travel of two Sister Cities' Subcommittee Members and two staff members to Sister City Gisborne, New Zealand, for the purpose of celebrating our 25-year international partnership, to strengthen existing programs, and to investigate potential new programs in an amount of $10,000, as included in the FY2001/02 Budget. U. CONSIDERATION of Request for Waiver of Fees Associated with the Palm Desert Middle School Graduation Ceremony. Rec: By Minute Motion, waive fees associated with the subject event, scheduled to be held on Tuesday, June 11, 2002, at the amphitheater located in the Palm Desert Civic Center Park. V. INFORMATIONAL ITEMS: 1. Report on Grant Application Submitted to the Office of Traffic Safety Councilman Ferguson stated that he would be abstaining from voting on Item A-2, the Minutes of January 30, 2002, because he was not in attendance at that meeting. He also noted that he would abstain from Item P because it involved the parking lot outside his law office. Councilman Spiegel asked that Item R be removed for separate discussion under Section VIII, Consent Items Held Over. Mrs. Gilligan asked that Item A-1, the Minutes of the meeting of January 24, 2002, be continued to the meeting of February 28, 2002, noting they had not been completed due to illness and surgery. Upon motion by Spiegel, second by Ferguson, the remainder of the Consent Calendar was approved by a 5-0 vote, with the exception of the continuance of the Minutes of the City Council's meeting of January 24, 2002, to the meeting of February 28, 2002, and Councilman Ferguson ABSTAINING from the vote on the Minutes of the Adjourned Joint City Council/Redevelopment Agency meeting of January 30, 2002, as well as his ABSTAINING from the vote on Item P. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 VIII. CONSENT ITEMS HELD OVER R. REQUEST FOR APPROVAL of the Schedule for American Flag Display on El Paseo. Councilman Spiegel stated that he had no problem with the schedule proposed by the El paseo Business Association for the American Flag display; however, he expressed concern with the second to last paragraph of the letter written by Mr. Fletcher stating, "In Tight of the magnitude of the events of September 11, 2001, and the fact that our country is officially at war, we recommend that the City Council consider putting the flags up next week (prior to Martin Luther King Day) and to then leave them up for the duration of the war." He said the war is against terrorism, and it will go on in perpetuity; consequently, the flags will have to be replaced every three months or so. In addition, they could lose some of their impact for other holidays such as Memorial Day and July 4th. He suggested that the matter be revisited and that a date certain be set for the flags to be removed until the next regularly scheduled time. Councilman Crites noted that staffs recommendation was to approve the schedule as proposed and to deny the request to display the flags continually until U.S. troops are recalled from the Afghanistan region. Councilman Spiegel moved to, by Minute Motion, approve the schedule requested for display of American flags on El Paseo as proposed by the El Paseo Business Association and deny its request to display the flags continually until U.S. troops are recalled from the Afghanistan region. Motion was seconded by Ferguson and carried by a 5-0 vote. IX. RESOLUTIONS A. RESOLUTION NO. 02-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2001/02 BUDGET AS A RESULT OF MID -YEAR ADJUSTMENTS. Councilman Spiegel moved to waive further reading and adopt Resolution No. 02-07. Motion was seconded by Ferguson and carried by a 5-0 vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 B. RESOLUTION NO. 02-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 85-134 AND APPROVING TRAVEL EXPENSE GUIDELINES. Mayor Kelly noted several amendments to this Resolution: 1) Removal any reference to activities listed as the "Riverside County Mayors' and Councilmens' Group" because there is no such organization; 2) change all references to the "Citrus Belt Division of the League of California Cities" to the "Riverside County Division of the League of California Cities"; 3) addition of the League of California Cities Annual Conferences (summer and winter) to approved activities for spouses of delegates to those functions. Councilman Ferguson noted that the Resolution indicated anything in excess of 15% for tips was the employee's personal responsibility. He said it was his understanding in the food and beverage industry that 15% in tips was the bare minimum, and if you get superior service, you tip somewhere between 15% and 20%. He suggested an amendment to authorize reimbursement of tips up to 18%. Councilman Crites suggested the amount be raised to 20%. He also noted that in the Resolution, one -day seminars allow for lunch. He said if an employee has to drive out of town to a seminar, to Riverside for example, and the seminar is in session until 5:00 or 6:00 p.m., he felt that employee should be compensated for dinner as well. He suggested an amendment to reflect that for one -day seminars, employees will be compensated as is appropriate for the duration of same. Councilman Spiegel moved to waive further reading and adopt Resolution No. 02-8, amended as follows: 1) Removing any reference to activities listed as the "Riverside County Mayors' and Councilmens' Group"; 2) changing all references to the "Citrus Belt Division of the League of California Cities" to the Riverside County Division of the League of California Cities; 3) adding the League of California Cities Annual Conferences (summer and winter) to approved activities for spouses of delegates to those functions; 4) authorizing reimbursement of tips up to 20%; 5) reimbursement of expenses for one -day seminars, compensated as is appropriate for the duration of same. Motion was seconded by Ferguson and carried by a 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 X. ORDINANCES For Introduction: A. ORDINANCE NO. 1010 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 935, AND EXPANDING THE MEMBERSHIP OF THE TECHNOLOGY COMMITTEE FROM FIVE TO SEVEN MEMBERS. Councilman Crites moved to waive further reading and pass Ordinance No. 1010 to second reading. Motion was seconded by Spiegel and carried by a 5-0 vote. For Adoption: None XI. NEW BUSINESS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, DENYING THE SCREENING PROPOSAL FOR A RECREATIONAL VEHICLE AT 74-015 ASTER DRIVE Case No. RV 01-04 (Dana B. Carnes, Appellant). Planning Technician Tony Bagato reviewed the staff report, noting that the applicant had constructed a ten -foot high structure, without a permit, to cover his recreational vehicle. Several complaints were phoned in to the Code Compliance Department, and several code violations were found when staff inspected the site. He said the Architectural Review Commission reviewed the case at its meeting of January 8, 2002, and found the existing screen structure to be unacceptable. The Commission wanted to see an alternative solution that would screen the recreational vehicle and suggested landscaping along the Portola frontage, located in front of the six-foot high block wall. The Commission denied the application unanimously. Councilman Crites clarified staff's recommendation to deny the appeal and affirm the Architectural Review Commission decision to deny the screening proposal, noting that the staff report indicated if the applicant provided landscaping along Portola within the existing planter, this would meet the requirements of the ordinance and satisfy the Architectural Review Commission. He asked if this meant that unless that is done, staff would recommend denial, and Mr. Bagato agreed. Councilman Crites asked if there was any discussion about the color of the structure. Mr. Bagato stated that the applicant had suggested other colors and had even suggested covering the recreational vehicle with a tarp instead of 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 having the structure. The Architectural Review Commission did not feel he needed to go to these extremes because he already has the six-foot wall, although the wall by itself was not sufficient to screen the vehicle. Mayor Pro-Tem Benson said she felt the recreational vehicle was a monstrosity. She noted that this vehicle was actually placed in a child care facility lot, which she did not feel was acceptable. Councilman Ferguson said he had looked at the recreational vehicle earlier that day. He felt if anyone ever wanted to make a mockery of the City's recreational vehicle ordinance, this would be a way to do so. He said the entire idea of the ordinance was to mitigate the visual impact, and by putting a black 12-foot hall box, one is actually creating a bigger visual impact than just parking the vehicle there in the first place. Mayor Kelly invited testimony from the applicant. MR. DANA CARNES, 43-550 Palmilla Circle, said he and his wife own the child care center, Morning Star's Learning Program, located at 74-015 Aster Drive, and they had stored their recreational vehicle there between the garage and the wall. He said he had constructed the shade structure out of steel pipe and stretched the shade cloth over the pipe, tied down with rope. He said his main reason was to try and screen the vehicle. He noted there was not sufficient room for him to store the vehicle at his home. He said he had come down to City Hall and asked Martin Alvarez in the Planning Department if a permit was necessary since this was a non-structural, non - bearing shade structure without any kind of foundation, and Mr. Alvarez was not sure whether such a permit was needed. He said it was his understanding that building heights in Palm Desert could be up to 18 feet, and any height over 15 feet must receive Architectural Review Commission consideration. He noted his shade structure was only 12 feet in height. He added that he had gone around and spoken with each of his neighbors who was at home because he did not want to cause problems in the neighborhood. There were no negative responses from any of those individuals to who he spoke, and they had signed a statement saying he had spoken with them and that they had no objections to the screening. He added that similar shade structures were located throughout the City. Councilman Ferguson stated that with Mr. Carnes being a contractor in the construction field, he was familiar with the permit process, and Mr. Carnes agreed. Councilman Ferguson stated that the purpose of the provisions sited under Chapter 8.40 are the enhancement and preservation of the appearance and community standards of Palm Desert. He said he did not care how many people had tarps and where they are put. This applicant is on a street that has approximately 48,000 vehicles per day, and he has a 12- 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 foot high black structure which looks awful. In fact, he felt the applicant's efforts to screen the recreational vehicle had created a bigger problem than if he had not done anything at all. He added that he would rather see no structure or some structure with some landscaping than what is there now. Councilman Crites asked what the applicant's response was to the Architectural Review Commission's suggestion that landscaping be provided. MR. CARNES responded that his biggest concern was that the crosswalk was set back from the oncoming traffic, and everyone who encroaches Portola from Desert Star has to creep out in order to see down the street and look for oncoming traffic. He felt putting landscaping between the wall and the sidewalk would create problems with people and their ability to see oncoming traffic and make him liable for any accidents that take place there. Councilman Ferguson stated that the unstated assumption is that everyone is entitled to park a recreational vehicle on their property, and that is not the case. The City has an ordinance which provides that in certain situations, where the lot and the building structures are appropriate, where someone has had a recreational vehicle at their side yard for some time, where it can be done tastefully to mitigate the visual impacts, a homeowner is allowed to do it. He said he was not sure the lot in question was configured for a recreational vehicle, although if the Architectural Review Commission felt there was a solution, he was all for letting them try and do it. Councilman Crites said he was surprised with Architectural Review Commission's suggestion that installation of landscaping would be good enough. He said he felt for something like this to be approved, it would have to have landscaping, and it would not have to extend out into the street and create a traffic hazard. Secondly, he did not find the color to be acceptable, and the structure itself was too big and boxy. Councilman Spiegel agreed. Mayor Kelly expressed concern with the ability to properly have plantings between the wall and the sidewalk without infringing on the sidewalk. Mayor Pro-Tem Benson moved to, by Minute Motion, deny the appeal and affirm the Architectural Review Commission decision, denying the screening proposal for a recreational vehicle at 74-015 Aster Drive. Motion was seconded by Spiegel and carried by a 5-0 vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 B. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS AND TO PURCHASE EQUIPMENT ASSOCIATED WITH THE FRED WARING DRIVE IMPROVEMENTS PROJECT. Mrs. Gilligan noted the staff report in the packets and stated that Ms. Aylaian was available to answer any questions. Councilman Crites moved to, by Minute Motion: 1) Authorize the City Clerk to advertise and call for bids and authorize staff to purchase traffic signal equipment, including controller assemblies, poles, mast arms, and street name signs for the Fred Waring Drive Widening Projects from Highway 111 to Fairhaven Drive, and from San Pablo Avenue to Deep Canyon Road; 2) authorize the City Clerk to advertise and call for bids for construction of the road widening improvements between San Pablo Avenue and Deep Canyon Road (Contract No. C19800). Motion was seconded by Spiegel and carried by a 5-0 vote. XII. CONTINUED BUSINESS A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARYI O, 2002 (Continued from the meeting of January 24, 2002). Councilman Spiegel moved to continue this matter to the meeting of February 28, 2002. Motion was seconded by Crites and carried by a 5-0 vote. B. CONSIDERATION OF CITY COUNCILMEMBER COMMITTEE/COMMISSION ASSIGNMENTS FOR 2002 (Continued from the meeting of January 24, 2002). Mayor Kelly stated he had spoken with each Councilmember relative to these assignments. Councilman Crites suggested that the liaisons to the Outside Agency Funding Committee be the same as those to the Investment & Finance Committee. Mayor Kelly also brought up the suggestion that the standing Council liaisons to each the Civic Arts and Promotion Committees serve in the upcoming review of the direction and focus of those bodies. With Council concurrence, the Committee/Commission assignments for 2002 were approved as presented, with the liaisons to the Outside Agency Funding Committee to be the same as those to the Investment & Finance Committee. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 Councilman Spiegel moved to, by Minute Motion, appoint the standing Council liaisons to each the Civic Arts and Promotion Committees (Spiegel and Benson, respectively) as the representatives to serve in the upcoming review of the direction and focus of those bodies. Motion was seconded by Crites and carried by a 5-0 vote. XIII. OLD BUSINESS A. REQUEST FOR APPROVAL, OF AMENDMENT TO CONTRACT NO. C18260 — ENGINEERING SERVICES FOR FRED WARING DRIVE WIDENING PROJECT. Councilman Crites moved to, by Minute Motion: 1) Approve amendment in the amount of $134,047 to the subject contract with Tetra Tech/ASL Consulting Engineers, Palm Desert, California, for construction management services, field surveying, and miscellaneous engineering support for the subject project; 2) authorize the Mayor to execute same — funds are available in the FY2001/02 Capital Improvement Program Budget for this project (Account No. 400-4384-433-4001). Motion was seconded by Ferguson and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF ASSESSMENT DISTRICT ENGINEERING SERVICES — SILVER SPUR RANCH ASSESSMENT DISTRICT NO. 01-01 (CONTRACT NO. C18970). Councilman Crites moved to, by Minute Motion: 1) Approve the subject contract with MuniFinancial, Temecula, California, in the amount of $101,725 for Assessment District Engineering Services for Silver Spur Ranch Undergrounding District No. 01-01 and authorize the Mayor to execute same; 2) authorize the Director of Finance to appropriate $101,725 plus a 10% contingency in the amount of $10,172 — total of $111,897 — into Project Account No. 400-4256-464-4001 from Unallocated Fund 400 Reserves. Motion was seconded by Ferguson and carried by a 5-0 vote. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 XIV. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND GENERAL PLAN AMENDMENT TO THE HOUSING ELEMENT OF THE CITY'S GENERAL PLAN Case No. GPA 01-04 (City of Palm Desert, Applicant). Mr. Drell reviewed the staff report and offered to answer any questions. Councilman Ferguson asked if there was anything in this plan that would require housing land use decisions to be made on the section of property bounded by Frank Sinatra, Gerald Ford, Portola, and Cook Street, and Mr. Drell responded that there was nothing. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. No testimony was received, and he declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 02-9, approving General Plan Amendment No. 01-04 and the Negative Declaration of Environmental Impact related thereto. Motion was seconded by Ferguson and carried by a 5-0 vote. XV. REPORTS AND REMARKS A. CITY MANAGER None 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 Negotiating Parties: Agency: Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Coachella Valley Economic Partnership Under Negotiation: x Price x Terms of Payment MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 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) Ken Weller v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 025659 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 2) Report and Action from Closed Session Made at This Meeting. None C. CITY CLERK 1. Reminder to Adjourn This Meeting to February 21, 2002, at 11:00 a.m. for a Joint Study Session of the City Council, Redevelopment Agency, and Housing Authority for Review of the Budgets for FY2001 /02 and FY2002/03. Ms. Klassen reminded the Council to adjourn this meeting to February 21, 2002, for a Joint Study Session to review of the budgets for FY 2001/02 and FY 2002/03. 2. Reminder to Adjourn February 21 Study Session to February 22, 2002, at 10:00 a.m. for a Joint Study Session of the City Council, Architectural Review Commission, Art In Public Places Commission, Civic Arts Committee, Parks & Recreation Commission, and Promotion Committee for Review of the Civic Center Park Amphitheater Project. Ms. Klassen reminded Council to adjourn the February 21st Study Session to February 22, 2002, at 10:00 a.m. for a Joint Study Session to review the Civic Center Park Amphitheater Project. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Consideration of Request by the American Red Cross - Riverside County Chapter (Mayor Richard S. Kelly). Mayor Kelly noted the letter he had received from the American Red Cross relative to relocation of its office. MS. PAM ANDERSON, Executive Director of the American Red Cross, reviewed the letter, noting that the Palm Desert office of the American Red Cross serves the entire Coachella Valley and all the way to Blythe. She said after months of searching, they had finally found a location at 41-951 Corporate Way. She reviewed the items requested in the letter, including sponsorship of their Open House in March, assistance in securing approval to construct a monument -lighted sign at the corner of 42"d Street and Corporate Way, consideration of renaming "Corporate Way" to "Red Cross Way," (which she said she realized, having put that in the letter, that it would be quite an undertaking), and perhaps donation of surplus City office furniture/modular furniture. Councilman Crites said Ms. Anderson was correct about the ramifications of asking to change a street name. Councilman Crites moved to, by Minute Motion, refer the letter of request to staff for exploration of which items could be readily addressed (renaming Corporate Way was withdrawn), with suggestions for such assistance to return to the Council for consideration. Motion was seconded by Spiegel and carried by a 5-0 vote. 2. Consideration of Request by the Palm Desert High School Foundation for the PDHS Chamber Singers (Mayor Richard S. Kelly). MS. JACKIE DOYLE introduced the President of the Chamber Singers, Meghan Kelly. She said it was her understanding that the City's policy with regard to Palm Desert High School was to give its donation to the Palm Desert High School Foundation which would in turn distribute the funds to anyone in need. However, she felt it was important for the Council to understand this particular request. She said as a choral director for 40 years, she had never in career had an offer/invitation to do what 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 the Chamber Singers had been invited to do. She said they had been invited as the sole choir from the state of California to represent Palm Desert High School, the City of Palm Desert, and the State of California at a performance festival in Washington, D.C. MS. MEGHAN KELLY addressed the Council, expressing her pride that the Palm Desert Chamber Singers had been invited to represent the City and State at this performance. She added that it would be very sad if they had to pass on this opportunity just because they could not raise enough money in time. Upon question by Councilman Spiegel, Ms. Kelly responded that the group had raised between $15,000 and $16,000 already from singing at several local church services. Councilman Spiegel suggested to his colleagues that the Choir could be given an opportunity to open one of the City's Summer Concerts in return for a City contribution for the Choir's trip to Washington, D.C. In response to question, Senior Management Analyst Pat Scully answered that the Palm Desert High School Orchestra was performing on May 23; it would be perfect to have the Chamber Singers perform on that same date. Further, she explained that there were funds available in the FY2001 /02 budget in the City's Musical Ambassadors Program for this purpose. After further discussion, Councilman Spiegel moved to, by Minute Motion approve funding in the amount of $5,000 to be provided from the City's Musical Ambassadors Program, with the Chamber Singers to perform at the 2002 Summer Concert Series on May 23. Motion was seconded by Benson and carried by a 5-0 vote. 3. Consideration of Membership in the Southern California Water Committee (Mayor Richard S. Kelly). Councilman Crites moved to, by Minute Motion, approved expenditure for membership in the amount of $750. Motion was seconded by Spiegel and carried by a 5-0 vote. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 o City Council Committee Reports: 1. Update on Energy Issues (Councilman Buford A. Crites). Councilman Crites reported that the CVAG Committee studying the issue will meet next on February 20, with the report for public comment to be out within a week thereafter. Further, he expressed appreciation for the City Council's approval of matching funds for his trip to Australia to tour the Bright Star facility, which takes household refuse and turns it into energy. It was in the process of completing final tests for air quality and other related testing. He believed the next two months would tell whether the facility was something that could be fully licensed, and if so, it had definite potential for the Coachella Valley and throughout the country. During the trip, he said the former director of natural resources for the Commonwealth of Puerto Rico was also visiting Bright Star. Puerto Rico also had significant problems with finding space for landfills, and the former director offered to send a copy of his final report, which was also likely to favor the process. Responding to question, Councilman Crites said the present facility was operating with a provisional license, with applications to the Australian Environmental Protection Agency for a full-scale commercial license. The final set of air quality tests were being conducted presently; initial test data looked very good. He went on to say he was encouraged and that the group he sat on to review the transfer station proposal had as part of its recommendation to the County that no matter who was chosen to build a transfer station, a high priority would be placed on finding some way to reduce the amount of material that went from a transfer station into the landfill. 2. Parks & Recreation Commission. -Councilman Robert A. Spiegel • Senior Olympics to be held in Palm Desert the beginning of April. Ann Drysdale will be on hand to open the games in honor of her late husband as this year's inductee for Legends Field. • Freedom Park is in escrow, AIPP has been asked to look at the site; Patton Museum has artefacts available for the site, including a tank. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 • Homme/Adams Park installation of lodge pole pine fencing and road widening is scheduled for completion by end of March; staff is still reviewing the proposed guard rail for structural soundness. • Teen Center proposed for the park - a design contract will be coming to the first meeting next month. • Palma Village Neighborhood Park - purchase of property complete and a meeting has been scheduled for neighbors and members of Parks & Recreation to discuss its features. 3. Housina Commission - Mayor Pro-Tempore Jean M. Benson She commended and congratulated the Housing Department for an excellent tour of the Housing Authority Properties last Friday, adding that any city would be more than proud if their low and moderate income housing was like Palm Desert's. Mayor Kelly said he, too, was mightily impressed. Councilman Spiegel moved to add Item No. 4 to this Agenda for consideration. Motion was seconded by Councilman Crites and carried by 5-0 vote. 4. Consideration of Funding Request for Youth in Government Program. Councilman Spiegel moved to, by Minute Motion, appropriate $2,400 from the Unobligated General Fund Reserve to assist with the program. Motion was seconded by Ferguson and carried by a 5-0 vote. o City Council Comments: 1. Councilman Spiegel noted that on Wednesday, February 20, at 6:30 p.m., the Riverside County Superintendent of Schools would be hearing the City's request to expand the Desert Sands Unified School District so that it included the entire City. He said appropriate staff and he were going to be meeting tomorrow morning at 9:00 to formulate a game plan for Wednesday. Councilman Ferguson would also participate in tomorrow morning's meeting. Mrs. Gilligan commented that the City Manager had established a task force for the issue, headed by Assistant to the City Manager Steve Aryan. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2002 XVI. ADJOURNMENT Councilman Spiegel moved to adjourn this meeting at 5:18 p.m. to 11:00 a.m. on Thursday, February 21, 2002, for a Joint Study Session with the Redevelopment Agency and Housing Authority. Motion was seconded by Crites and carried by a 5-0 vote. ATTEST: SHEILA R. GIILLIG ITY CLERK CITY OF PALM D s = "T, CALIFORNIA i,,,,,,,) RICHARD S. KELLY, VAYOR 21