HomeMy WebLinkAbout2002-06-27MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 27, 2002
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Kelly convened the meeting at 3:02 p.m.
II. ROLL CALL
Present:
Mayor Pro-Tempore Jean M. Benson
Councilman Jim Ferguson
Councilman Robert A. Spiegel
Mayor Richard S. Kelly
Excused Absence:
Councilman Buford A. Crites
Also Present:
Justin McCarthy, Acting City Manager/RDA Executive Director
David J. Erwin, City Attorney
Sheila R. Gilligan, ACM for Community Services/City Clerk
Richard J. Folkers, ACM for Development Services
Homer Croy, Director of Building & Safety
David Yrigoyen, Director of Redevelopment
Mike Errante, Engineering Manager
Mark Greenwood, Engineering Manager
J. Luis Espinoza, Finance Operations Manager
Rachelle D. Klassen, Deputy City Clerk
III. ORAL COMMUNICATIONS - A
None
IV. ADJOURN TO CLOSED SESSION
Mayor Kelly stated that at the last meeting, he had asked to have an item
considered during Closed Session regarding the Riverside County Transportation
Commission (RCTC). However, he forgot to bring it up during Closed Session;
therefore, he asked that it, along with a report on the Cove Communities Services
Commission, be added to this Closed Session.
Councilman Spiegel moved to, by Minute Motion, add both reports and to adjourn
to Closed Session at 3:03 p.m. Motion was seconded by Councilman Ferguson and
carried by 4-0 vote, with Councilman Crites ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2002
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 13.11 acres of hillside, west of Highway 111, 300 feet
northwest of Painters Path (APN 640-020-003)
Negotiating Parties:
Agency: Carlos L. Ortega/Phil Drell/City of Palm Desert
Property Owner: Jon Mitchell
Under Negotiation: x Price x Terms of Payment
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
Conference with Labor Negotiator pursuant to Government Code
Section 54957.6:
Negotiating Parties: Justin McCarthy/City of Palm Desert
Palm Desert Employees Organization
V. RECONVENE REGULAR MEETING - 4:00 P.M.
Mayor Kelly reconvened the meeting at 4:00 p.m.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly
VII. INVOCATION - Councilman Robert A. Spiegel
VIII. ORAL COMMUNICATIONS - B
MS. CAROLYN CROSS, resident of One Quail Place, Palm Desert, addressed the
City Council to express concern for the state of the landscaping at her complex.
She said following the reconstruction in last year's hot summer, most of the trees
didn't get much attention. She was very appreciative of everything the City
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2002
Councilmembers and staff did for Palm Desert, speaking as a resident of the City
for about seven years and someone who had visited here for over forty. However,
many of her neighbors were also concerned for the dying trees, acknowledging that
there were too many when they first moved there and a lot had been planted. But
following the removal of a third of them, it was very painful for her to see the
remaining trees go without care. She expressed special thanks to Redevelopment
Agency staff member Ezell James for the support he had shown her in this matter.
Mayor Kelly assured Ms. Cross that the City would provide the necessary attention
to the trees.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE DR. DONNIS THOMPSON FOR HER
SERVICE AS THE CITY OF PALM DESERT'S REPRESENTATIVE TO THE
BOARD OF THE JOSLYN SENIOR CENTER.
Dr. Thompson was unable to attend the meeting.
B. PRESENTATION TO RECOGNIZE MEL BENJAMIN FOR HIS SERVICE TO
THE CITY OF PALM DESERT AND ITS CIVIC ARTS COMMITTEE.
On behalf of the entire City Council, Mayor Kelly made a presentation to Mel
Benjamin in appreciation of his service to the City and Its Civic Arts
Committee.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 13, 2002.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 100, 101, 102, 103, and 101PD Office Complex.
Rec: Approve as presented.
C-1. CLAIM AGAINST THE CITY (#4751 by Lonny & Marilyn Whittington in an
Unspecified Amount.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimants.
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C-2. CLAIM AGAINST THE CITY (#4801 by Palms To Pines Towing in the
Amount of $331.67.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimants.
D. REQUEST FOR CERTIFICATION of Director and Alternates for the
California Joint Powers Insurance Authority (CJPIA).
Removed for separate consideration under Section XI of the Agenda,
Consent Items Held Over. Please see that portion of the Minutes for Council
discussion and action.
E. MINUTES of City Committee and Commission Meetings.
1. Housing Commission Meeting of May 15, 2002.
2. Library Promotion Committee Meeting of March 13, 2002.
Rec: Receive and file.
F REQUEST FOR APPROVAL of One -Year Extension of Contract for
Rental Uniforms and Supplies (Contract No. C18861).
Rec: By Minute Motion, approve an extension of the subject contract in the
amount of $8,062.60 with Foasberg Textile Services,
North Palm Springs, California, and authorize the Mayor to execute
same — funds have been budgeted in Account No. 110-4310-433-
2140.
G. REQUEST FOR AWARD OF CONTRACT, for Civic Center Lagoon
Maintenance (Contract No. C19070).
Rec: By Minute Motion, award the subject contract in the amount of
$12,900 ($1,075 per month) to Southwest Aquatics, Palm Desert,
California, and authorize the Mayor to execute same — funds have
been budgeted in Account No. 110-4610-453-3320.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2002
H. REQUEST FOR AWARD OF CONTRACT for Parking Lot Sweeping
Services (Contract No. C20150).
Rec: By Minute Motion, award the subject contract in the amount of $7,200
($600 per month) to M & M Sweeping, Inc., Thousand Palms,
California, for sweeping of President's Plaza East and West and
President's Plaza III, and authorize the Mayor to execute said
contract — funds are included in the President's Plaza Business
Improvement District annual budgets.
I. REQUEST FOR AUTHORIZATION to Release Improvement Security for
Tract No. 24984 (Desert Grove, LLC, c/o World Development, Inc.,
Applicant).
Rec: By Minute Motion, authorize the City Clerk to release the subject
improvement securities and accept the normal, one-year maintenance
bond in the amount of 10% of the amount of the Faithful Performance
bond.
J-1. CONSIDERATION of Action Taken by the Legislative Review Committee
Relative to ACA 11 (Richman/Canciamilla) — California 21s` Century
— Infrastructure Investment Fund.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of May 28, 2002, and direct staff to
prepare a letter of opposition for the Mayor's signature with regard to
ACA 11.
J-2. CONSIDERATION of Action Taken by the Legislative Review Committee
Relative to AFV Incentives — Alternative Fuel Vehicles.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of May 28, 2002, and direct staff to
prepare a letter of support for the Mayor's signature with regard to
AFV Incentives.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2002
J-3. CONSIDERATION of Action Taken by the Legislative Review Committee
Relative to AB 2041 (Vargas) — Liability for Administration of Automatic
External Defibrillators (AEDs).
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of May 28, 2002, and direct staff to
prepare a letter of support for the Mayor's signature relative to
AB 2041.
J-4. CONSIDERATION of Action Taken by the Legislative Review Committee
Relative to AB 2333 (Nakano) — Preference for Airport Development
Transportation Projects.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of May 28, 2002, and direct staff to
prepare a letter of opposition for the Mayor's signature with regard to
AB 2333.
J-5. CONSIDERATION of Action Taken by the Legislative Review Committee
Relative to AB 2792 (McLeod) — Public Employee Benefits.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of May 28, 2002, and direct staff to
prepare a letter of opposition for the Mayor's signature with regard to
AB 2792.
J-6. CONSIDERATION of Action Taken by the Legislative Review Committee
Relative to SB 1666 (McPherson) — Public Contracts.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of May 28, 2002, and direct staff to
prepare a letter of opposition for the Mayor's signature with regard to
SB 1666.
J-7. CONSIDERATION of Action Taken by the Legislative Review Committee
Relative to SB 1717 (Machado) — Non-contiguous Property Annexation.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of May 28, 2002, and direct staff to
prepare a letter of opposition for the Mayor's signature with regard to
SB 1717.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2002
J-8. CONSIDERATION of Action Taken by the Legislative Review Committee
Relative to SCA 13 (Alarcon) — Local Development.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at is meeting of May 28, 2002, and direct staff to
prepare a letter of support for the Mayor's signature with regard to
SCA 13.
K. REQUEST FOR APPROVAL of Citizens On Patrol Officers.
Rec: By Minute Motion, concur with the recommendation of the Citizens On
Patrol interview panel and appoint Marvin Schurgin, Harold Hucka,
Peter Van Vechten, Roy Fogel, and Joseph Cassaletti as officers of
the Palm Desert Citizens On Patrol Program.
L. REQUEST FOR DECLARATION of Surplus Vehicles.
Removed for separate consideration under Section XI of the Agenda,
Consent Items Held Over. Please see that portion of the Minutes for Council
discussion and action.
RESOLUTION NO. 02-65 - 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 (January 2002 and February 2002).
Removed for separate consideration under Section XI of the Agenda,
Consent Items Held Over. Please see that portion of the Minutes for Council
discussion and action.
N. INFORMATIONAL ITEMS:
1. Report on Request for Interchange at I-10/Portola
2. Status of Civic Center Parking Review
Removed for separate consideration under Section XI of the Agenda,
Consent Items Held Over. Please see that portion of the Minutes for
Council discussion and action.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2002
Councilman Ferguson asked that Item D be removed for separate
consideration. Councilman Spiegel removed Item N-2, and Mayor Kelly
removed Item L. Mrs. Klassen asked that Item M also be removed for
separate consideration.
Upon motion by Spiegel, second by Ferguson, the remainder of the Consent
Calendar was approved as presented by a 4-0 vote, with Councilman Crites ABSENT.
XI. CONSENT ITEMS HELD OVER
D. REQUEST FOR CERTIFICATION of Director and Alternates for the
California Joint Powers Insurance Authority (CJPIA).
Mayor Kelly noted that Councilman Ferguson would be the CVAG
representative to the CJPIA, and he recommended that the Council wished
to certify him as Director to represent the City of Palm Desert as well rather
than certifying the Mayor as Director.
Mayor Kelly moved to, by Minute Motion, certify Councilman Ferguson as Director
and the Risk Manager and Director of Finance/City Treasurer as Alternates, respectively,
to the CJPIA. Motion was seconded by Spiegel and carried by a 3-0-1 vote, with
Councilman Ferguson ABSTAINING and Councilman Crites ABSENT.
L. REQUEST FOR DECLARATION of Surplus Vehicles.
Mayor Kelly noted there were three pickup trucks in the disposal process.
He noted that he and the City Manager had worked on a project through the
Rotary Club with an organization in Mexico. This organization badly needed
a pickup truck, and he asked that the Council approve donating one of the
three pickup trucks to the drug rehabilitation center in Tecate, Mexico.
Mayor Pro-Tem Benson asked that the other pickup trucks be donated to
Martha's Village and Kitchen, as the Council had done in the past.
Councilman Spiegel noted that the main office of Martha's Village and
Kitchen is in San Diego, and he expressed concern that the donation would
directly benefit the Indio facility.
Mayor Kelly moved to, by Minute Motion, declare the listed vehicles as surplus,
directing that: 1) One of the pick-up trucks be donated through the Rotary Club to the drug
rehabilitation center in Tecate, Mexico; 2) the other two pick-ups to be donated to Martha's
Village and Kitchen, upon assurance that the donation would directly benefit the Indio
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2002
facility. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman
Crites ABSENT.
M. RESOLUTION NO. 02-65 - 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 (January 2002 and February 2002).
Mrs. Klassen noted that staff had inadvertently omitted from the Agenda one
of the two Resolutions included in the staff report. She asked that the
Council adopt Resolution Nos. 02-65 and 02-65A.
Councilman Ferguson moved to waive further reading and adopt Resolution
Nos. 02-65 and 02-65A. Motion was seconded by Spiegel and carried by a 4-0 vote, with
Councilman Crites ABSENT.
N. INFORMATIONAL ITEMS:
2. Status of Civic Center Parking Review
Councilman Spiegel reviewed the staff report, suggesting that there
was still a need to provide covered parking for the approximately 80
spaces adjacent to the Skate Park. This would provide shaded
parking for City employees during the day and for the residents on the
weekends. He said staff had been directed to look at what can be
done out there and what the approximate cost would be to put up an
inexpensive structure.
Mr. Folkers responded that photos had been taken and that staff was
in the process of obtaining prices. He said a package should be
ready to present to the Council at its next meeting.
Councilman Ferguson said he would be most happy if the
extravagance of the existing shade structure could be offset by the
thrift of the new structure.
Councilman Spiegel moved to, by Minute Motion, receive and file the report,
additionally directing staff to make the review of various carport/shade structures in the
City in order to develop an economical yet efficient shade structure for the approximately
80 spaces adjacent to the Skate Park; said structure to be designed without a photovoltaic
system, returning to the next Council Meeting with proposal for same. Motion was
seconded by Ferguson and carried by a 4-0 vote, with Councilman Crites ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2002
XII. RESOLUTIONS
A. RESOLUTION NO. 02-66 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, EXTENDING THE TERMS OF
THE CABLE TELEVISION FRANCHISE AGREEMENT WITH
TIME WARNER TO JUNE 30, 2003.
Upon question by Councilman Ferguson, Councilman Spiegel stated that
this matter had gone to the Technology Committee. He said they seemed
to be unable to get a Tong -range agreement with the cable company;
therefore, the current agreement needed to be extended for one year in
order to make sure cable continues in the City of Palm Desert.
Mrs. Gilligan added that the sticking point was the 15-year term.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 02-66. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman
Crites ABSENT.
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE
2002 GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF
PALM DESERT ON TUESDAY, NOVEMBER 5.
Mrs. Klassen reviewed the staff report and recommendation.
Councilman Spiegel moved to waive further reading and adopt: 1) Resolution
No. 02-67, calling and giving notice of the holding of a General Municipal Election to be
held on Tuesday, November 5, 2002, for the election of certain officers as required by the
provisions of the Laws of the State of California and the Charter of the City of Palm Desert;
2) Resolution No. 02-68, adopting regulations for candidates for elective office, pertaining
to candidates' statements submitted to the voters at an election to be held on Tuesday,
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November 5, 2002; 3) Resolution No. 02-69, requesting the Board of Supervisors of the
County of Riverside to consolidate a General Municipal Election to be held on Tuesday,
November 5, 2002, with the Statewide General Election to be held on the date pursuant
to §10403 of the Elections Code. Motion was seconded by Benson and carried by a 4-0
vote, with Councilman Crites ABSENT.
B. REQUEST FOR APPROVAL OF EXTENSION OF CONTRACT FOR
GRAFFITI REMOVAL SERVICES (CONTRACT NO. C08328).
Councilman Spiegel asked if it was necessary to pay SunLine Services
Group almost $70,000 per year to remove graffiti, although he did feel they
had done a very good job.
Mr. Folkers responded that staff felt this was a good bargain because
representatives are out 24 hours per day making sure graffiti is removed as
quickly as possible. He added that the City's cost several years ago, prior
to contracting with SunLine, was well over $50,000 per year.
Mayor Kelly added that by using SunLine, the City receives an automatic
patrol because all of the drivers are instructed to watch for graffiti.
Councilman Spiegel moved to, by Minute Motion, approve the subject contract
extension in the amount of $68,460 ($5,705 per month) with SunLine Services Group,
Thousand Palms, California, and authorize the Mayor to execute same. Motion was
seconded by Ferguson and carried by a 4-0 vote, with Councilman Crites ABSENT.
C. REQUEST FOR APPROVAL OF ONE-YEAR EXTENSION OF CONTRACT
FOR RESIDENTIAL STREET SWEEPING SERVICES
(CONTRACT NO. C16653).
Councilman Ferguson moved to, by Minute Motion, approve a one-year extension
of the subject contract in the amount of $153,990.72 with SunLine Services Group,
Thousand Palms, California, and authorize the Mayor to execute same — funds have been
budgeted in Account No. 110-4310-433-3320. Motion was seconded by Spiegel and
carried by a 4-0 vote, with Councilman Crites ABSENT.
D. REQUEST FOR APPROVAL OF AMENDMENT TO CONTRACT FOR
ADVERTISING SERVICES FOR THE EL PASEO BUSINESS
IMPROVEMENT DISTRICT (CONTRACT NO. C17992).
Upon question by Councilman Ferguson, Ms. Ruth Ann Moore responded
that three years ago this contract was put out to bid and was awarded to
Chuck Davis d.b.a. D&A Marketing. At that time, Council placed a stipulation
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that the contract could be extended for up to three years. She added that it
would be put out to bid again next year as required.
Mayor Pro-Tem Benson moved to, by Minute Motion, approve an amendment to the
subject contract with Chuck Davis d.b.a. D & A Marketing, Palm Desert, California,
extending the subject contract for the period of July 1, 2002, through June 30, 2003, and
authorize the Mayor to execute same. Motion was seconded by Spiegel and carried by a
4-0 vote, with Councilman Crites ABSENT.
E. REQUEST FOR APPROVAL OF EXTENSION OF CONTRACT FOR
ADVERTISING/PROMOTIONAL SERVICES FOR THE CITY OF
PALM DESERT (CONTRACT NO. C19221).
Upon question by Councilman Spiegel, Mrs. Gilligan responded that this was
the recommendation of the Promotion Committee.
Councilman Spiegel moved to, by Minute Motion, approve the subject contract in
the amount of $78,000 with Full Gallop Marketing Communications, Palm Springs,
California, and authorize the Mayor to execute same — funds have been budgeted in
Account No. 110-4417-414-3215. Motion was seconded by Ferguson and carried by a 4-0
vote, with Councilman Crites ABSENT.
F. REQUEST FOR APPROVAL OF CONTRACT FOR PRINTING OF THE
CITY'S MONTHLY NEWSLETTER, BRIGHT SIDE
(CONTRACT NO. C20200).
Councilman Ferguson moved to, by Minute Motion, approve the subject agreement
with Coachella Valley Printing Group in the amount of $4,465.26 per month for the Fiscal
Year 2002/03 — funds have been budgeted in Account No. 110-4417-414-3610. Motion
was seconded by Spiegel and carried by a 4-0 vote, with Councilman Crites ABSENT.
G. REQUEST FOR APPROVAL OF CONTRACT FOR PROFESSIONAL
ENGINEERING AND DESIGN SERVICES FOR HIGHWAY 111 SIGNAL
AND STREET IMPROVEMENTS AT DESERT CROSSING
(CONTRACT NO. C20210, PROJECT NO. 615-02).
Councilman Spiegel moved to, by Minute Motion: 1) Approve the subject contract
in the amount of $79,102 with Psomas, Palm Desert, California, and authorize the Mayor
to execute same; 2) authorize a 10% contingency for the project — funds have been
budgeted in Account No. 213-4347-433-4001. Motion was seconded by Ferguson and
carried by a 4-0 vote, with Councilman Crites ABSENT.
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H. REQUEST FOR APPROVAL OF THE INSTALLATION OFA65-FOOT HIGH
WIRELESS TELECOMMUNICATION TOWER AT THE SOUTHEAST
CORNER OF MAGNESIA FALLS DRIVE AND SAN PABLO AVENUE.
Mr. McCarthy noted the staff report and recommendation in the packets.
Councilman Ferguson asked if staff was making sure these cell towers are
going in places that provide for maximum coverage for the City with minimum
proliferation of the towers.
Parks and Recreation Planning Manager Jeff Winklepleck responded that
this was being done to the best of staff's ability. He said different locations
were considered for this particular tower, including College of the Desert,
which was not at this point in time allowing any additional towers. He said
this location seemed to be the best and would fill a gap. He noted that the
Planning Commission, at its last meeting, directed staff to work with the
communications companies to come up with a master plan for these towers.
Councilman Ferguson moved to, by Minute Motion, approve the subject request for
a telecommunication tower at the Civic Center Park and authorize the Mayor to execute
an agreement with Cingular Wireless, LLC, for same (Contract No. C20220). Motion was
seconded by Spiegel and carried by a 4-0 vote, with Councilman Crites ABSENT.
I. REQUEST FOR APPROPRIATION OF FUNDS FROM DRAINAGE
FUND TO CONSTRUCT THE STORM DRAIN SYSTEM ASSOCIATED
WITH THE FRED WARING DRIVE IMPROVEMENTS FROM HIGHWAY 111
TO FAIRHAVEN DRIVE (PROJECT NO. 651-99).
Upon question by Mayor Pro-Tem Benson, Mr. Greenwood responded that
this was basically a bookkeeping matter to move the money from the
Drainage Fund to the construction fund for the project.
Councilman Spiegel moved to, by Minute Motion, appropriate $206,140 from
Drainage Fund 232 to construct the storm drain system associated with the subject project.
Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman Crites
ABSENT.
J. REQUEST FOR APPROVAL OF SHERIFF'S SPACE NEEDS
FEASIBILITY STUDY BY HIGHLAND PARTNERSHIP, INC.
Councilman Ferguson moved to, by Minute Motion, authorize the expenditure of
$27,000 to fund Palm Desert's share of the subject study, per the Cove Commission
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funding formula. Motion was seconded by Spiegel and carried by a 4-0 vote, with
Councilman Crites ABSENT.
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE
LANDSCAPING AND IRRIGATION IMPROVEMENTS ON FRED WARING
DRIVE FROM SAN PASCUAL AVENUE TO DEEP CANYON ROAD
(CONTRACT NO. C19990).
Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract in
the amount of $614,580 to Sierra Landscape Company, Palm Desert, California, and
authorize the Mayor to execute same; 2) authorize the Director of Finance to set aside the
amount of $61,458 as a 10% contingency for the project (use of contingency requires
additional action) — funds are available in the FY 2001/02 Capital Improvement Funds for
the widening of Fred Waring Drive (Account No. 400-4384-433-4001). Motion was
seconded by Ferguson and carried by a 4-0 vote.
B. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT FOR THE
HIGHWAY 74 UNDERGROUNDING PROJECT (CONTRACT NO. C20140).
Upon question by Councilman Ferguson, Mr. Conlon responded that the
CalTrans permit would be issued the beginning of next week. Depending on
how soon the contractor returns the contract documents to the City, work
should begin somewhere around July 15. The actual conduit work in the
street would go through mid -October. After that time, it would take Edison
approximately 90 days to run the cable, with the pole and overhead wire
removal scheduled for February, 2003. He added that the southbound
number two lane would be closed while the conduit is installed in the street,
but that should be completed by mid -October. This closure would be done
in phases as the installation moves along Highway 74, so the entire length
of Highway 74 would not all be closed at the same time.
Mayor Kelly moved to, by Minute Motion: 1) Authorize award of the subject contract
in the amount of $1,173,632.14 to Herman Weissker, Inc., Bloomington, California, and
the Mayor to execute same; 2) authorize the expenditure of said funds; 3) authorize the
Director of Finance to set aside a 10% contingency for the project in the amount of
$117,363.21 — funds for this project are budgeted in Account No. 400-4262-422-4001.
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Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Crites
ABSENT.
C. REPORT ON THE AVAILABILITY OF PRIVATE STORAGE FOR
RECREATIONAL VEHICLES (RVs).
Mr. McCarthy noted the staff report and recommendation in the packets.
In response to concerns raised, Councilman Spiegel suggested that perhaps
he and Mayor Pro-Tem Benson should meet again to see if any other
possible alternatives exist to make storage spaces available, including on
City -owned land.
Councilman Ferguson also suggested that they look at the liability the City
would incur for protecting the residents' vehicles. He said he felt storage
was a cost that people assumed when they purchased recreational vehicles.
Councilman Spiegel moved to, by Minute Motion, direct that the subcommittee of
Mayor Pro Tem Benson and Councilman Spiegel reconvene to consider this matter, to see
if any other possible alternatives existed to make storage spaces available. Motion was
seconded by Ferguson and carried by a 4-0 vote, with Councilman Crites ABSENT.
D. FOLLOW-UP REPORT ON SPECIFIC ITEMS REQUESTED AT THE
BUDGET MEETING OF JUNE 5, 2002.
The various responses were reviewed by Council, and with its concurrence,
provided direction, as follows:
Additional Street Striping Staff to develop a policy on striping streets
more than once/year on a case by case basis (e.g. Shadow Mountain
Drive).
Living Desert Parkina Lot --Revisit the issue in the near future to
exhaust all the potential alternatives, including the possibility of using
County pass -through funds, to be discussed during a meeting
between the Mayor, City Manager, and Supervisor Wilson, with report
on any potential resolution to be provided.
Increased T.O.T.--Return to City Council within the month to provide
a detailed report on rates assessed by other comparable desert cities
(e.g. Phoenix).
Child Care Fees --Report to be presented within the month.
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Councilman Ferguson moved to, by Minute Motion, approve the Out -of -State Travel
items for FY 2002/03, as outlined in the accompanying report. Motion was seconded by
Spiegel and carried by a 4-0 vote, with Councilman Crites ABSENT.
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF THE FORMATION OF THE COLLEGE VIEW
ESTATES II LANDSCAPING AND LIGHTING DISTRICT.
Mayor Kelly declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this matter. With no testimony offered, he declared the public
hearing closed and directed that the ballots be counted.
Mr. Alvarez reported for the record that there were two ballots for this district:
both ballots from the same owner, with the following results:
Yes - $13,674.24; No - -0-
Councilman Spiegel moved to waive further reading and adopt: 1) Resolution
No. 02-70, declaring the results of the property owner protest proceeding for the formation
of the College View Estates II Landscaping and Lighting District; 2) Resolution No. 02-71,
approving and/or amending the Engineer's Report regarding the formation of the College
View Estates II Landscaping and Lighting District; and the levy and collection of annual
assessments for FY 2002/03; 3) Resolution No. 02-72, approving the formation of the
College View Estates II Landscape and Lighting District and the concurrent annexation of
said district into the Palm Desert Consolidated Landscaping and Lighting District; and the
levy and collection of annual assessments, commencing with FY 2002/03. Motion was
seconded by Ferguson and carried by a 4-0 vote, with Councilman Crites ABSENT.
B. CONSIDERATION OF THE CITY MANAGER'S AND
EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR THE
FISCAL YEAR 2002/03 (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT
HOUSING AUTHORITY).
Mayor/Chairman Kelly declared the public hearing open and invited testimony in
FAVOR of or in OPPOSITION to this matter. With no testimony received, he
declared the public hearing closed.
Councilman/Member Spiegel moved to waive further reading and adopt: 1) City
Council Resolution No. 02-73, adopting a City Program and Financial Plan for the Fiscal
Year July 1, 2002, through June 30, 2003; 2) City Council Resolution No. 02-74,
establishing the Appropriations Limit for Fiscal Year 2002/03; 3) Redevelopment Agency
Resolution No. 449, adopting a Redevelopment Agency Program and Financial Plan for
16
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2002
the Fiscal Year July 1, 2002, through June 30, 2003; 4) Housing Authority Resolution No.
HA-17, adopting a Housing Authority Program and Financial Plan for the Fiscal Year July
1, 2002, through June 30, 2003; 5) City Council Resolution No. 02-75, setting the Salary
Schedule, Salary Ranges, and Allocated Classifications. Motion was seconded by
Ferguson and carried by a 4-0 vote, with Councilman/Member Crites ABSENT.
Councilman/Member Spiegel moved to waive further reading and pass to second
reading Ordinance No. 1016, rescinding Ordinance No. 917 and establishing
compensation for members of the City Council. Motion was seconded by Ferguson and
carried by a 4-0 vote, with Councilman/Member Crites ABSENT.
Councilman/Member Spiegel moved to, by Minute Motion, approve the Outside
Agency Funding for various agencies in the total amount of $319,500, as outlined in the
accompanying staff report. Motion was seconded by Ferguson and carried by a 4-0 vote,
with Councilman/Member Crites ABSENT.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
Acting City Manager Justin McCarthy introduced two new employees,
Ryan Stendell in the Community Development Department and
James Conway in the Housing Department of the Redevelopment Agency.
B. CITY ATTORNEY
None
C. CITY CLERK
None
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Committee Reports:
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 27, 2002
o City Council Comments:
1. Councilman Ferguson reported that during the period of
July 4 - 11, he and Indian Wells' Mayor Conrad Negron, along
with their spouses, would be traveling to Ixtapa - Zihuatanejo
on a personal vacation. They would be visiting with the Mayor
of that area, and he believed Indian Wells would further
explore suitability of a twin Sister City program with
Palm Desert. He would provide a report upon his return.
XIX. ADJOURNMENT
Upon motion by Spiegel, second by Ferguson, Mayor Kelly adjourned the meeting
at 5:15 p.m.
EST:
SHEILA R. GI A , ITY CLERK
CITY OF PALM DE T, CALIFORNIA
RICHARD S. KELLY, P(IAYOR
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