HomeMy WebLinkAbout2002-06-13MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 13, 2002
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER
Mayor Kelly convened the meeting at 3:02 p.m.
II. ROLL CALL
Present:
Mayor Pro-Tempore Jean M. Benson
Councilman Buford A. Crites arrived at 3:05 p.m.
Councilman Jim Ferguson
Councilman Robert A. Spiegel arrived at 3:05 p.m.
Mayor Richard S. Kelly
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
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Teresa L. La Rocca, Director of Housing
Joseph S. Gaugush, Director of Public Works/City Engineer
David Yrigoyen, Director of Redevelopment
Rachelle D. Klassen, Deputy City Clerk
III. ORAL COMMUNICATIONS - A
None
IV. ADJOURN TO CLOSED SESSION
Upon motion by Benson, second by Ferguson, and 3-0 vote of the City Council, with
Councilmen Crites and Spiegel ABSENT, Mayor Kelly adjourned the meeting to Closed
Session at 3:03 p.m.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 97 Acres west of Palm Valley Channel, south of Painters Path
Negotiating Parties:
Agency: Carlos L. Ortega/Phil Drell/City of Palm Desert
Property Owner: George Fox
Under Negotiation: x Price x Terms of Payment
2) Property: Lease Property - 2,700 square feet ± at SEC of Loma Vista
Lane and Chia Drive (APN 630-019-025)
Negotiating Parties:
Agency: Carlos L. Ortega/Phil Drell/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Gianni and Associates for Sprint PCS
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) 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
Public Employment pursuant to Government Code Section 54957:
Title of Position: City Attorney
V. RECONVENE REGULAR MEETING
Mayor Kelly reconvened the meeting at 4:00 p.m.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson
VII. INVOCATION - Mayor Pro-Tempore Jean M. Benson
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
VIII. ORAL COMMUNICATIONS - B
None
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE JEANETTE LUCAS AND
PEGGY STEEN FOR THEIR SERVICE TO THE CITY OF PALM DESERT
AND ITS CIVIC ARTS COMMITTEE.
On behalf of the entire City Council, Mayor Kelly presented an engraved
clock to Jeanette Lucas. Ms. Steen was unable to be present.
B. PRESENTATION TO RECOGNIZE WILLIAM SPRIGG FOR HIS SERVICE
TO THE CITY OF PALM DESERT AND ITS RENT REVIEW COMMISSION.
Mr. Sprigg was unable to be present.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of May 23, 2002, and the
Adjourned Joint City Council/Redevelopment Agency Meeting of May 23,
2002.
Rec: Approve as presented.
This item was approved with Councilman Ferguson ABSTAINING due to his
absence from the meetings of May 23, 2002.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos.
94, 95, 96, 97, 98, 99, 95PD Office Complex, 97PD Office Complex, and
99PD Office Complex.
Rec: Approve as presented.
C-1. CLAIM AGAINST THE CITY (#4741 by Steve Bohn in the Amount of
$180.00.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
C-2. CLAIMS AGAINST THE CITY (#s479A-D) by Christopher J. Morosoff,
William Morosoff, Gregory Morosoff, and Katrina Durkee in an
Unspecified Amount.
Rec: By Minute Motion, reject the Claims and direct the City Clerk to so
notify the Claimants.
D. CITY/AGENCY PORTFOLIO MANAGEMENT SUMMARIES for the Month
Ending April 30, 2002 (Joint Consideration with the Palm Desert
Redevelopment Agency).
Rec: Receive and file.
E-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Kruder Enterprises for Napas Tapas, 73-900 El Paseo, #2, Palm Desert.
Rec: Receive and file.
E-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Sherman's Delicatessen & Bakery East, Inc., 73-161 Country Club Drive, #D,
Palm Desert.
Rec: Receive and file.
E-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Palm Desert
Chop House, LLC, 74-040 Highway 111, Building A, Suite G1, Palm Desert.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
F. MINUTES of City Committees and Commissions.
1. Citizens' Advisory Committee for Project Area No. 4 Meeting of
March 18, 2002.
2. Entrada Del Paseo Steering Committee Meeting of May 14, 2002.
3. Investment & Finance Committee Meeting of April 24, 2002.
4. Promotion Committee Meeting of March 19, 2002.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
G-1. LETTER OF RESIGNATION from Mel Benjamin from the Civic Arts
Committee.
Rec: Receive with very sincere regret.
G-2. LETTER OF RESIGNATION from Donnis Thompson as Palm Desert's
Representative to the Board of the Joslyn Senior Center.
Rec: Receive with very sincere regret.
H. REQUEST FOR AUTHORIZATION to Review the City's Conflict of
Interest Code.
Rec: By Minute Motion, authorize staff to make a formal review of the City's
Conflict of Interest Code and, if necessary, prepare a resolution to be
adopted by the City Council that would make the necessary
amendment(s).
I. REQUEST FOR APPROVAL of Petty Cash Fund for the
Community Services Division.
Rec: Waive further reading and adopt Resolution No. 02-58, establishing
a petty cash fund under the supervision and control of the
Assistant City Manager for Community Services.
J. REQUEST FOR APPROVAL of Proposal for Removal and Replacement of
Carpet for Suite 100 of the Parkview Office Complex (State Water
Resources Water Quality Control Board) (Contract No. C19790).
Rec: By Minute Motion: 1) Reject the proposal from Prestige Carpets,
Cathedral City, California, in the amount of $20,264.15 approved by
the City Council at its meeting of January 24, 2002; 2) approve the
proposal from Prestige Carpets, Cathedral City, California, in the
amount of $32,102.50 to remove and replace carpet in Suite 555-100
of the Parkview Office Complex and occupied by the State of
California Water Quality Control Board.
K. REQUEST FOR AUTHORIZATION to Purchase Surface Grinder/Scarifier.
Rec: By Minute Motion, authorize the purchase of a VA30S grinding
package in the amount of $13,246.79 from the SASE Company, Kent,
Washington.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
L. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the
2002 Curb, Gutter, Cross Gutter, and Sidewalk Infill Repair Program
(Contract No. C20170, Project No. 753-02).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for
bids for the subject project.
M. REQUEST FOR APPROVAL of Change Order No. 2 to Contract
No. C18980 — Landscape and Irrigation Design for Hovley Lane Medians.
Rec: By Minute Motion, approve Change Order No. 2 in the amount of
$2,400 to the subject contract with David Evans and Associates, Inc.,
Ontario, California, for design modifications made to increase water
conservation and tree growth and authorize the Mayor to execute
same.
N. REQUEST FOR APPROVAL of Change Order No. 2 to Contract
No. C19240 — Design Services for the Cook Street and Frank Sinatra Drive
Improvements (Project No. 678-01).
Rec: By Minute Motion, approve Change Order No. 2 in the amount of
$28,000 to the subject contract with RBF Consulting, Palm Desert,
California, for additional engineering design/construction staking
services for the subject project and authorize the Mayor to execute
same.
O. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract
No. C19830 — Palm Desert Police Department Substation Remodel at
42-305 Washington Street, Suite C.
Rec: By Minute Motion: 1) Ratify the City Manager's approval of Change
Order No. 1 in the amount of $6,750 to the subject contract with
Wise Maintenance and Construction, La Quinta, California;
2) appropriate said funds from the Unobligated General Fund for
same.
P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C16780 —
Construction of the Desert Willow Bus Shelter (Allen Root/ferromobius,
San Luis Obispo, CA, and Al Durrett Construction, Palm Desert, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
Q. REQUEST FOR ACCEPTANCE OF WORK, for Contract
No. C17460-A — Construction of the Bureau of Land Management Visitor
Center Information Kiosk (Doug Wall Construction, 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.
R. REQUEST FOR AUTHORIZATION to Disburse Art In Public Places Funds
for Compliance with Placement of Art at 73-733 Fred Waring Drive
(Suresh Shah, Applicant).
Rec: By Minute Motion, concur with the recommendation of the Art In
Public Places Commission and approve disbursement of $10,234.42
in art fees to applicant Suresh Shah for placement of artwork.
S-1. CONSIDERATION of Request to Approve Commissioning of an Artist to
Create an Artwork for the Property Located at 74-000 Country Club Drive
(Homme Property, Applicant).
Rec: By Minute Motion, approve the request by Homme Property to
commission Artist Allen Root to create an artwork for the subject
property.
S-2. CONSIDERATION of Request to Approve Commissioning of an Artist to
Create an Artwork for the Property Located at 74-401 Hovley Lane East
(Canterra Homes/Whiteco Residential, Applicant).
Rec: By Minute Motion, approve the request by Canterra Homes/Whiteco
to commission Artist Roger Hopkins to create an artwork for the
subject property.
T. REQUEST FOR APPROVAL of Final Tract Map No. 30503
(GHA Paloma Group, LLC, Applicant).
Rec: Waive further reading and adopt Resolution No. 02-59, approving the
final subdivision map of Tract No. 30503 and approving the
agreement relating thereto.
U. REQUEST FOR AUTHORIZATION to Release Improvement Security for
Conditional Use Permit No. CUP 00-06 (Exxon/Mobil Oil Corporation,
Applicant).
Rec: By Minute Motion, authorize the City Clerk to release the subject
improvement securities.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
V. CONSIDERATION of Request for Sponsorship of Transportation for Institute
of Transportation Engineers (ITE) District 6 Conference to be held in
Palm Desert, July 14-17, 2002.
Rec: By Minute Motion, approve sponsoring transportation to various
events during the subject conference and authorize the expenditure
of funds for same in the amount of $4,000 from the Public Works
Account No. 110-4614-453-3120.
W. REQUEST FOR APPROVAL of Out -of -State Travel for Annual National
Committee on Uniform Traffic Control Devices (NCUTCD) Meeting in
St. Paul, Minnesota.
Rec: By Minute Motion, authorize the subject out-of-state travel by the
Engineering Manager to attend the subject meeting to be held
June 19-21, 2002 — funds are available in Account
No. 110-4300-413-3120.
X-1. REQUEST FOR APPROVAL of Marquee Sign for the Palm Desert Police
Department Northeast Substation Located at 42-305 Washington Street.
Rec: By Minute Motion, approve the purchase of the subject marquee sign
in the amount of $2,848.01 to be funded by the Cal Cops Grant Funds
(Supplemental Law Enforcement Services Fund) 2001/02.
X-2. REQUEST FOR RATIFICATION of Furniture Proposal for the Palm Desert
Police Department Northeast Substation Located at
42-305 Washington Street.
Rec: By Minute Motion, ratify the City Manager's approval of the subject
proposal from Goforth and Marti in the amount of $19,287.84 to be
funded by Cal Cops Grant Funds (Supplemental Law
Enforcement Services Fund) 2001/02.
Y. REQUEST FOR WAIVER of fees for Olympic Development Program at
Palm Desert Soccer Park.
Rec: By Minute Motion, waive field usage and reservation fees associated
with the subject program to be hosted by Palm Desert Youth Soccer
and Desert United Soccer Club.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
Z. INFORMATIONAL ITEMS:
1. Retail Vacancy Report
2. Report on Civic Center "Cool Roof'
Councilman Spiegel asked that Item E-3 be removed for separate consideration
under Section XI, Consent Items Held Over.
Upon motion by Spiegel, second by Ferguson, the remainder of the Consent
Calendar was approved as presented by a 5-0 vote, with Councilman Ferguson
ABSTAINING from the vote on Item A due to his absence from those meetings.
XI. CONSENT ITEMS HELD OVER
E-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Palm Desert
Chop House, LLC, 74-040 Highway 111, Building A, Suite G 1, Palm Desert.
Upon question by Councilman Spiegel, Business Support Manager
Ruth Ann Moore responded that the Palm Desert Chop House would be
moving into the property vacated by Ruth's Chris Steakhouse. She added
that it was owned by the same restaurateur as the Chop House in
Palm Springs and La Quinta.
Councilman Spiegel commented that there had been issues with that
location in the past. He hoped that there was an understanding of the rules
and that they would be followed by the new occupant.
Councilman Spiegel moved to receive and file this application. Motion was
seconded by Benson and carried by a 5-0 vote.
XII. RESOLUTIONS
A. RESOLUTION NO. 02-60 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND ADOPTING
LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE §§ 21000
ET SEQ.).
Mr. Ortega noted the report and recommendation in the packets.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 02-60. Motion was seconded by Benson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR PROFESSIONAL
LANDSCAPE DESIGN SERVICES FOR THE COOK STREET
IMPROVEMENTS FROM FRANK SINATRA DRIVE TO
GERALD FORD DRIVE (CONTRACT NO. C19260A, PROJECT
NO. 678-01).
Mr. Ortega noted the staff report and recommendation in the packets.
Councilman Crites moved to, by Minute Motion: 1) Award the subject contract to
T.K.D. Associates, Inc., Palm Springs, California, in the amount of $12,600 and authorize
the Mayor to execute same; 2) approve a 10% contingency for the project in the amount
of $1,260 — funds for the amount of the contract and contingency are available in Fund
400. Motion was seconded by Ferguson and carried by a 5-0 vote.
B. REQUEST FOR AWARD OF CONTRACT FOR AUDIT SERVICES
(CONTRACT NO. C20180).
Mr. Ortega noted the staff report and recommendation in the packets. He
said that in addition to the recommendation, the memorandum included
items that the Finance Director would like the Council to consider regarding
whether the Council wishes to discuss a policy for selecting audit firms. The
Finance Director was proposing three items as outlined on the second page
of his memorandum.
Councilman Crites asked whether the City Manager had an opportunity to
visit with anyone who had concerns over this issue. Mr. Ortega responded
that he had discussed this issue at length and relayed to that person what
staff is considering. He noted that the person was satisfied and was in the
audience if the Council wished to speak with him.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
Councilman Spiegel moved to, by Minute Motion: 1) Approve hiring the firm of
Lance, Soil & Lunghard, LLP, (LSL) to provide audit services to the City of Palm Desert,
Palm Desert Redevelopment Agency, and Desert Willow Golf Resort for the Fiscal Year
ending June 30, 2002; 2) offer the firm of LSL the option of providing audit services for
each of four subsequent years, provided that its prior -year audit performance is
satisfactory and that acceptable terms and conditions can be negotiated; 3) authorize staff
to review and make recommendation on the audit firm selection process, including:
a) consider giving preference to local audit firms in the selection process (with the
understanding that this may require a joint venture in order to meet government experience
requirements); b) formulate a process on how to select individual firms for
recommendation, including requirements for members of a selection committee; c)
determine an optimal time frame for such contract work. Councilman Crites seconded the
motion, noting that he felt other firms that provide services (such as real estate analysis,
investments, etc.) should also be looked at in this same light.
Councilman Ferguson stated that one of the suggestions that came up was
the creation of an audit committee to act as a buffer between the auditor and
persons being audited so as to prevent any conflict.
Mayor Kelly called for the vote, and the motion carried by a 5-0 vote.
C. REQUEST FOR APPROVAL OF THE INITIATION OF PROCEEDINGS TO
FORM THE COLLEGE VIEW ESTATES II LANDSCAPING AND LIGHTING
DISTRICT.
Councilman Crites moved to waive further reading and adopt: 1) Resolution
No. 02-61, initiating proceedings for the formation of the College View Estates II/Shepherd
Lane Landscaping and Lighting District; the concurrent annexation of said district and
territory into the Palm Desert Consolidated Landscaping and Lighting District; and the levy
and collection of annual assessments related thereto, commencing with Fiscal
Year 2002/03; 2) Resolution No. 02-62, for preliminary approval of the Engineer's Report
regarding the formation of the College View Estates II/Shepherd Lane Landscaping and
Lighting District; the concurrent annexation of said territory into the Palm Desert
Consolidated Landscaping and Lighting District; and the levy and collection of annual
assessments related thereto for Fiscal Year 2002/03; 3) Resolution No. 02-63, declaring
intention to form the College View Estates II/Shepherd Lane Landscaping and Lighting
District; and concurrently annexing said district and territory into the Palm Desert
Consolidated Landscaping and Lighting District; and to levy and collect annual
assessments related thereto, commencing with Fiscal Year2002/03; and calling a property
owner protest proceeding to submit to the qualified property owners the question of levying
such assessments and establishing an assessment range formula for said district.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
Councilman Spiegel asked if a homeowners' association was tried with this
district, and staff responded that it did not work. Councilman Spiegel asked
if it was possible to have a policy mandating homeowners' associations.
Mr. Folkers responded that there had been outstanding opposition to
formation of homeowners' associations with the 26 different groups.
Councilman Spiegel asked if it was possible for Council to put together a
resolution to mandate homeowners' associations.
Mr. Hargreaves responded that he felt it was possible for the Council to put
together such a resolution. He said the proposal would be to condition any
new tracts that have internal landscaping to form homeowners' associations
to maintain that landscaping.
Councilman Crites added to his motion direction that the City Attorney's Office
provide a report on a process for mandating the formation of homeowners' associations
for the purpose of landscape maintenance for all future developments. Motion was
seconded by Spiegel and carried by a 5-0 vote.
D. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE
REDEVELOPMENT REVOLVING FUND INTEREST RATES (JOINT
CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY).
Councilman/Member Crites moved to waive further reading and adopt: 1) City
Council Resolution No. 02-64, amending Resolution Nos. 93-54, 93-92, 95-15, 97-23,
99-70, 99-114, and 01-94 with respect to the Redevelopment Revolving Fund interest
rates; 2) Redevelopment Agency Resolution No. 448, amending Resolution Nos. 275, 288,
305, 340, 376, 384, and 424 with respect to the Redevelopment Revolving Fund interest
rates. Motion was seconded by Spiegel and carried by a 5-0 vote.
E. REQUEST FOR APPROVAL OF THE INSTALLATION OF A
MEDIAN ISLAND AND TRAFFIC SIGNAL, AND REMOVAL OF THE STOP
SIGNS AT THE INTERSECTIONS OF HOVLEY LANE EAST/OASIS CLUB
DRIVE AND HOVLEY LANE EAST/KANSAS STREET, RESPECTIVELY.
Councilman Spiegel moved to, by Minute Motion, approve: 1) Installation of a
median island on Hovley Lane East from Oasis Club Drive to approximately 200 feet east
of Kansas Street; 2) installation of a traffic signal at the intersection of Hovley Lane East
and Oasis Club Drive; 3) removal of stop signs from Hovley Lane East at Kansas Street
and at Oasis Club Drive. Motion was seconded by Crites, with commendation to the
Section 4 Committee and to City Staff and everyone who has been involved in finding an
equitable solution to this. Motion carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
F. CONSIDERATION OF RECOMMENDATION BY THE
PROMOTION COMMITTEE FOR THE 2002 "BATTLE AT BIGHORN."
Mayor Pro-Tempore Benson moved to, by Minute Motion, concur with the
recommendation of the Promotion Committee, approving a contribution to the subject event
in the amount of $125,000 and appropriating said funds from the FY 2001/02 Unobligated
General Fund Reserves for same. Motion was seconded by Ferguson and carried by a
5-0 vote.
XV. CONTINUED BUSINESS
A. RESOLUTION NO. 02-55 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE
RECYCLED -CONTENT PURCHASING POLICY FOR THE CITY OF
PALM DESERT AND PALM DESERT REDEVELOPMENT AGENCY
(Continued from the meeting of May 23, 2002).
Mr. Ortega noted the staff report and recommendation in the packets.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 02-55. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman
Ferguson ABSTAINING.
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF THE 2002 REVISION OF THE CITY OF
PALM DESERT STANDARD EMERGENCY MANAGEMENT SYSTEM
(SEMS) PLAN.
Mr. Ortega noted the staff report and recommendation in the packets relative
to what the City will do to comply with an Emergency Management System.
Councilman Ferguson asked what kind of program there was to make sure
people actually read and understand this document and know what to do in
the event of an emergency, since the document itself is so large.
Risk Manager Gary Rosenblum responded that, if approved, this document
will be produced in multiple colors, with each section having its own color.
The Chief of each section would have his/her own copy, and all of the other
people listed in the plan as participants would receive a copy of their
particular section. He said training had already been done with those people
to inform them of the activities they would be doing under their areas of
responsibility. As a result, each group would be focusing on its own
activities rather than having to read the entire plan.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
Councilman Ferguson moved to, by Minute Motion, approve the June 2002 Revision
of the City of Palm Desert Standard Emergency Management System (SEMS) Plan
document as the official plan of the City's Office of Emergency Services, in accordance
with Palm Desert Municipal Code Section 2.48.070. Motion was seconded by Crites.
Mayor Pro-Tem Benson asked if there would be a version printed for
residents and homeowners groups so that they can be similarly prepared in
an emergency.
Mr. Rosenblum responded that this was a possibility. He noted that staff had
worked with various homeowners groups, and he was currently reviewing a
document for Monterey Country Club, which he felt would be a fine model for
other homeowner groups.
Mayor Pro-Tem Benson said she felt it was important to have something that
could be mailed to residents as well.
Mr. Rosenblum said he would be happy to prepare an executive summary
of this type of document for that purpose.
Councilman Spiegel suggested including information monthly as a series in
the City's newsletter so that residents would not have a large document to
read.
Councilman Ferguson amended his motion to include additional direction that staff
work on a method of providing such emergency management information to residents and
homeowners groups so that they can be similarly prepared. Councilman Crites amended
his second, and the motion carried by a 5-0 vote.
B. REQUEST FOR AWARD OF CONTRACT FOR THE HOVLEY LANE
MEDIAN LANDSCAPING FROM PORTOLA AVENUE TO COOK STREET
(CONTRACT NO. C19870, PROJECT NO. 589-98).
Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract
to Mark Logan Landscape, Inc., La Quinta, California, in the amount of $263,073 and
authorize the Mayor to execute same; 2) approve a 10% contingency for the project in the
amount of $2,307.30 — funds for the contract and contingency are available in Fund 400.
Motion was seconded by Benson and carried by a 4-0-1 vote, with Mayor Kelly
ABSTAINING.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
C. REQUEST FOR AWARD OF CONTRACT FOR THE PARKWAY
LANDSCAPE ON COUNTRY CLUB DRIVE BETWEEN THE WEST
BOUNDARY OF MANOR CARE AND THE EAST BOUNDARY OF THE
SEVENTH DAY ADVENTIST CHURCH (CONTRACT NO. C19880,
PROJECT NO. 593-99).
Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to
Pink, Inc., Palm Desert, California, in the amount of $51,130.96 and authorize the Mayor
to execute same; 2) approve a 10% contingency for the project in the amount of $5,113.10
— funds for the amount of the contract and contingency are available in Fund 400. Motion
was seconded by Ferguson and carried by a 5-0 vote.
D. REQUEST FOR AWARD OF CONTRACT FOR THE LANDSCAPE
MAINTENANCE SERVICES FOR CONSOLIDATED MAINTENANCE AREA
NO. 3 (CONTRACT NO. C19890)
Councilman Spiegel moved to, by Minute Motion, award the subject contract to
Pac West Land Care, Inc., Palm Springs, California, in the amount of $93,936 and
authorize the Mayor to execute same. Motion was seconded by Ferguson and carried by
a 5-0 vote.
E. REQUEST FOR AWARD OF CONTRACT FOR THE LANDSCAPE
MAINTENANCE SERVICES FOR CONSOLIDATED MAINTENANCE AREA
NO. 5 (CONTRACT NO. C19900).
Councilman Ferguson moved to, by Minute Motion, award the subject contract to
Enviable Greens, Inc., Palm Desert, California, in the amount of $102,000 and authorize
the Mayor to execute same. Motion was seconded by Spiegel and carried by a 5-0 vote.
F. REPORT ON THE MAINTENANCE OF PALM TREES LOCATED IN THE
ENTRY CIRCLE AT DESERT WILLOW GOLF RESORT.
Mr. Ortega noted the staff report in the packets. He stated that staff had
received complaints over the past several months from residents, both in
favor of and opposed to the skirted palms. He added that even within staff,
there was not complete agreement relative to this matter.
Mayor Pro-Tem Benson stated she had gone out to Desert Willow recently
to look at the palm trees. She said her suggestion at the time was that they
clean up the spot, as she felt it was far too dense. She said there was one
tree that did not look bad, and it had its skirt coming down very neatly. She
felt the rest of them looked like shaggy dogs. She said if it was cleaned out,
perhaps it might look better. She added that she felt the ground part looked
good, but it was the center part that needed to have attention.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
Councilman Crites said he felt that, conceptually, what was being done was
square on target and was exactly what Bighorn and The Reserve were
doing. He said he suggestion was to keep the natural look while at the same
time going out during the summer and looking at some specific trees to see
if something can be done with them to attempt to meet Mayor Pro-Tem
Benson's concerns.
Councilman Crites moved to, by Minute Motion, approve keeping the natural look
of the entry circle, while tending to specific components of the site, with special attention
being given over the summer to provide a more manicured look. Motion was seconded by
Spiegel and carried by a 5-0 vote.
XVII. PUBLIC HEARINGS
None
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
Mrs. Klassen reminded Council to Adjourn this Meeting to 2:30 p.m.
Thursday, June 27, 2002, for a Joint Study Session Regarding the
Entrada Del Paseo Project.
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Architectural Review Commission/Plannina Commission Cases
Councilman Ferguson reported that earlier this week, he and
Councilman Crites filed an appeal for an Architectural Review
Commission decision on Sabby Jonathan's project on Cook
Street. However, it was learned that the work was already
completed, and he wondered why an appeal was pending if
the work was already completed before the Council.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
Secondly, he wondered, then, whether it was a Code
Enforcement versus Architectural Review matter, since
building permits had been issued months prior. In light of that
information and after talking with Councilman Crites, they
decided to withdraw their appeal of the case. While he didn't
have a problem with the paint color in question, he did have a
problem with the issuance of permits prior to the expiration of
the appeal period. He said in talking with the Planning
Director, he found out it would amount to a fundamental policy
shift for the City; minor items were routinely handled in this
way, and changing it could be a problem. Therefore, he asked
for a review of the policy that could be agendized for future
Council consideration.
Additionally, Councilman Crites felt that the Architectural
Review Commission Minutes of the decision for Mr. Jonathan's
project were not detailed enough to reflect why the decision
was 4-2. He asked staff to pay closer attention to providing
such details in the future.
o City Council Committee Reports:
1. Update on Energy Issues - Councilman Buford A. Crites.
Councilman Crites reported that the City of Rancho Mirage
was holding a special meeting to consider the Valley -wide
utility, and Palm Springs was also set to consider the matter in
the near future.
With regard to the Salton Sea, he said there seemed to be
positive movement on the Federal level to resolve the issues.
2. Parks & Recreation Commission -
Councilman Robert A. Spiegel.
• Homme/Adams Park— Councilman Spiegel felt the surfacing
of the road was not acceptable; it was as rough and rutty as
ever. He asked for staff to look at the area again and return
with another recommendation; it didn't have to be worthy of
55 miles per hour, but it should be better than it was.
Secondly, he noted that the palm logs were still on the site,
and he asked that they be taken care of as Council had
directed.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
Councilman Crites responded that he felt the roadway had
been adequately addressed; the PM1 0 issues were now gone,
and since there was concern for vehicles speeding on that
roadway, making it smoother would only increase that chance.
He agreed that it would be okay for staff to review the
surfacing to see if any alternatives were available. In further
response, he said each week a load of excess palm Togs was
being removed from the site.
•Hobbytown USA— a new retailer in the Desert Crossing
center, with one of its major sellers being remote -controlled
cars. The proprietor came to the Parks & Recreation
Commission to request use of the land behind Desert Crossing
for a temporary track for this purpose, since there is nothing
like it in the Valley; the closest is Riverside. Park & Rec had
a concern for the noise that would be generated, and staff was
looking into that issue. If it was found not to be a major noise
generator, staff would bring forward a recommendation to
approve. The proprietor would build the facility, staff and
maintain it. Park & Rec gave tentative approval subject to the
noise issue being studied.
•Palm Desert Soccer Park— He asked that an item be
agendized for the Council, regarding a proposal for joint use
of the Soccer Park parking facility by the Hispanic radio station
that was located next door. The park was used primarily in the
evening and on weekends; whereas, the radio station needed
parking during the workweek. He said to Parks & Recreation
Commission gave tentative approval.
3. Riverside County Transportation Commission -
Mayor Richard S. Kelly.
Mayor Kelly asked that an item be added to
Session Agenda in order that he could provide
some related issues.
Councilman Crites moved to add this report to Closed Session.
seconded by Councilman Crites and carried by 5-0 vote.
the Closed
a report on
Motion was
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 2002
o City Council Comments:
1. Councilman Crites expressed appreciation to the faithful
representatives of the Palm Desert Chamber of Commerce,
who, some time ago, were asked to attend Council Meetings
in an effort to keep updated on matters of interest to the
business community. City Councilmembers concurred.
Mayor Kelly noted that the Mayor's Breakfasts would start up
again in July, with the Redevelopment Agency as the first
feature of the series.
XIX. ADJOURNMENT
With City Council concurrence, Mayor Kelly adjourned the meeting to Closed
Session at 4:42 p.m. He reconvened the meeting at 5:40 p.m., with no action announced
from Closed Session, and immediately adjourned to 2:30 p.m. on Thursday, June 27, 2002,
for a Joint Study Session with the Redevelopment Agency.
L.
/SHEILA ` GI LIGAN Y CLERK
CITY OF PALM DES: R ', CALIFORNIA
CHARD SMELLY, MA
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