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HomeMy WebLinkAbout2002-05-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 9, 2002 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Kelly convened the meeting at 4:01 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Robert A. Spiegel III. INVOCATION - Mayor Richard S. Kelly 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: Carlos L. Ortega, 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 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 L. La Rocca, Director of Housing Mark Greenwood, Engineering Manager Rachelle D. Klassen, Deputy City Clerk V. ORAL COMMUNICATIONS - A MS. LINDA GARBARINI, 73-221 Haystack Road, Palm Desert, addressed the City Council about the Bighorn Water Pump Station near her residence that was causing significant audible and visual impacts. She read a prepared statement, which was received for the record, attached hereto, and made a part of these Minutes as Exhibit "A." MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 With City Council concurrence, Mayor Kelly and Mr. Ortega were authorized to investigate the matter by personally visiting the location and returning to the next City Council meeting with a report on how the matter had been resolved. DEPUTY JOHN GAW, Palm Desert Police Department, introduced members of the Palm Desert Police Department Explorers Post No. 507, Jennifer Dewhurst, Deputy Brian Hightower, and Lawrence Ponsey. They presented the City Council with a photo album of the activities Post No. 507 participated in during the 2002 Colorado River Explorer Post Competition and a letter of appreciation for the City's assistance to this end. Deputy Gaw said they had represented the City well and were proud of their accomplishments. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF MAY 2002 AS "NATIONAL MENTAL HEALTH MONTH" IN THE CITY OF PALM DESERT. Although no one was in attendance to receive the proclamation, for the record, Mayor Kelly declared the Month of May as "National Mental Health Month" in the City of Palm Desert. The following presentation was added to the Agenda. B. PRESENTATION TO RECOGNIZE BEN KURTZ FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS HOUSING COMMISSION. Mayor Kelly presented a crystal, engraved clock to Mr. Kurtz and expressed sincere appreciation for the time and effort he had given to the City and its Housing Commission. VII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 25, 2002. Rec: Approve as presented. Approved with Councilman Crites ABSTAINING due to his absence from the meeting of April 25. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 85, 86, and 86PD Office Complex. Rec: Approve as presented. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 C. CITY/AGENCY PORTFOLIO MANAGEMENT SUMMARIES for the Month Ending March 31, 2002 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. MINUTES of the Outside Agency Funding Committee Meeting of January 4, 2002. Removed for separate consideration under Section VI I I, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. E. REQUEST FOR APPROVAL of Fireworks Display for the 2002 Independence Day Celebration (Contract No. C20120). Removed for separate consideration under Section VI I I, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. F REQUEST FOR APPROVAL of a Time and Materials Purchase Order for Construction Materials Testing Project for the Fred Waring Drive Widening Project from San Pablo Avenue to Deep Canyon Road. Rec: By Minute Motion, award the subject purchase order in an amount not to exceed $25,000 for the provision of construction materials testing services to Professional Services Industries, Inc., Palm Desert, California, for the quality and compliance testing work for widening Fred Waring Drive from four to six lanes between San Pablo Avenue and Deep Canyon Road — funding for this purchase order is available in the Capital Improvements Program Budget for FY 2001/02 (Account No. 400-4384-433-4001). G-1. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 2002 Street Resurfacing/Overlay Program (Contract No. C20130, Project No. 752-02). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject program — funds are available in Account No. 110-4311-433-3320. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 G-2. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Highway 74 Utility Undergrounding Project (Contract No. C20140). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project — funds are available in the Fund 400 Account. H. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C19260 — Construction of Sidewalk and Wall on El Paseo at Sandpiper. Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject contract with Contreras Construction Company, Indio, California, in the amount of $37,426 and authorize the Mayor to execute same; 2) authorize the transfer of $16,334.38 from contingency to base for the project; 3) allocate the balance of $21,091.62 from Account No. 400-4616-433-4001. 1-1. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C18100 — Construction of City Bus Shelters (C. L. Van Vliet & Company, 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. 1-2. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C18140 — Country Club Drive Median Landscape Renovations (Project No. 598-00) (Grey Wolfs Enterprises, 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. J. REQUEST FOR APPROVAL of Final Tract Map 30087 (College View Estates, II, LLC, Applicant). Removed for separate consideration under Section VI I I, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. K-1. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract 25296-4 (Bighorn Development, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 K-2. REQUEST FOR AUTHORIZATION to Release the Improvement Security for Palm Desert Self Storage, Precise Plan/Conditional Use Permit No. 99-21 (Sure Save Palm Desert, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities. L. CONSIDERATION of Action Taken by the Legislative Review Committee Relative to AB 954 (Kelley) — Protection of Underground Water Supplies. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 16, 2002, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 954 (Kelley). M. CONSIDERATION of Action Taken by the Legislative Review Committee Relative to AB 1808 (Richman) — Worker's Compensation Certification Program. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 16, 2002, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 1808 (Richman). N. CONSIDERATION of Action Taken by Legislative Review Committee Relative to AB 2247 (Salinas) — Local Government's Ability to Regulate Display of Signs on Public Rights -of -Way. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 16, 2002, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2247 (Salinas). O. CONSIDERATION of Action Taken by the Legislative Review Committee Relative to AB 2292 (Dutra) — Reduction of Residential Density. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 16, 2002, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2292 (Dutra). 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 P. CONSIDERATION of Action Taken by the Legislative Review Committee Relative to AB 2889 (Shelley) — Agency Shop Agreements in Public Agencies. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 16, 2002, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2889 (Shelley). Q. CONSIDERATION of Action Taken by the Legislative Review Committee Relative to SB 1464 (Soto) — Administrative Costs Associated with Enrollment of Public Employees in the State Health Care Program (PERS Care). Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 16,2002, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 1464. R. CONSIDERATION of Action Taken by the Legislative Review Committee Relative to SB 1684 (Polanco) — Removing the Current Sunset on Local Redevelopment Agencies to Facilitate Clean-up of Toxic -Contaminated Properties in Redevelopment Project Areas. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 16, 2002, and direct staff to prepare a letter of support for the Mayor's signature with regard to SB 1684 (Polanco). S. CONSIDERATION of Action Taken by the Legislative Review Committee Relative to SB 1717 (Machado) — Property Annexation. Removed for separate consideration under Section VI I I, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 T CONSIDERATION of Action Taken by the Legislative Review Committee Relative to Priority Treatment of Metrolink's Riverside Line by the Union Pacific Railroad Company. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 16, 2002, and direct staff to prepare a resolution of support for priority treatment of Metrolink's Riverside Line by the Union Pacific Railroad Company. For the record, the resolution approved will be No. 02-51. U. CONSIDERATION of Action Taken by the Legislative Review Committee Relative to Use of the Herbicide Clopyralid in the State of California. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 16, 2002, and direct staff to prepare a letter to the California Integrated Waste Management Board regarding the City of Palm Desert's support of legislation banning or limiting the use of the herbicide Clopyralid in the State of California. V CONSIDERATION of Request for Use of the North End of the Civic Center Park by The Desert Sun for its 75'h Anniversary Employee Picnic. Rec: By Minute Motion, approve use of the north end of the Civic Center Park grass area, northeast of the basketball and volleyball courts, and southeast of the ballfields, by The Desert Sun for its 75th Anniversary Employee Picnic on June 2, 2002, provided: 1) Appropriate insurance coverage is obtained; 2) appropriate use fees are paid; 3) conditions, as specified in the staff report, are met. W. REQUEST FOR AUTHORIZATION to Disburse Art In Public Places (AIPP) Funds for the Ruth's Chris Steakhouse Property, Located at 74-740 Highway 111. Rec: By Minute Motion, concur with the recommendation of the Art In Public Places Commission to approve disbursement of $3,704.50 from the AIPP funds paid by Ruth's Chris Steakhouse for compliance fees for the placement of artwork at the subject location. X. INFORMATIONAL ITEMS: 1. Report on Water Efficient Landscape Ordinance 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 Mayor Pro-Tem Benson Crites asked that Item E be removed for separate consideration under Section VI I I. Councilman Spiegel removed Item J, Councilman Ferguson removed Item D, and Councilman Crites removed Item S for separate consideration as well. Councilman Crites stated that he would be abstaining from voting on the Minutes of the City Council meeting of April 25, 2002, due to his absence from that meeting. Upon motion by Crites, second by Spiegel, the remainder of the Consent Calendar was approved as presented by a 5-0 vote of the City Council, with Councilman Crites ABSTAINING on Item A. VIII. CONSENT ITEMS HELD OVER D. MINUTES of the Outside Agency Funding Committee Meeting of January 4, 2002. Councilman Ferguson stated that someone had informed him that the City of Palm Desert had cut its spending by 30% in charitable contributions, which he said he found hard to believe. Finance Director Paul Gibson responded that at its April meeting, the Outside Agency Funding Committee had approximately 30 proposals which, including the Senior Center, amounted to approximately $690,000. This figure ended up being approximately $490,000 once the Committee completed its review, deleting those that were not felt to be acceptable and lowering the amounts of others. Upon further question by Councilman Ferguson, he said this was not consistent with what the City had done in years past; however, about $3 million was cut as part of the City's budget process, and that included a cut in charitable contributions. Mr. Ortega noted that this was the recommended budget from the Outside Agency Funding Committee, and Council had not yet taken any action. Councilman Ferguson moved to, by Minute Motion, receive and file the Minutes of the Outside Agency Funding Committee Meeting of January 4, 2002. Motion was seconded by Spiegel and carried by a 5-0 vote. E. REQUEST FOR APPROVAL of Fireworks Display for the 2002 Independence Day Celebration (Contract No. C20120). Mayor Pro-Tem Benson expressed concern with the amount of this contract and the length of time for the display and said she felt a 20-minute display was sufficient. She said she watched the children during last year's event, 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 and they lose interest after about 20 minutes. She recommended a 20-minute display at $20,000 to keep this in line with what the City has done in the past. Upon question by Mayor Kelly, Senior Management Analyst Pat Scully responded that contributions are requested each year from the Cities of Indian Wells, Rancho Mirage, and La Quinta to defray some of the costs. The only city to ever contribute has been Rancho Mirage, and both the Cities of Indian Wells and La Quinta have declined to participate. She added that the City of Rancho Mirage chose not to contribute this year. Upon question by Councilman Ferguson, Ms. Scully responded that the Committee for this event includes members of City Staff, representatives of SunLine Transit Agency (which donates bus service), the Palm Desert Police Department, Fire Department, the contractor (Pyro Spectaculars), and the radio station that does publicity from College of the Desert. Councilman Crites suggested that perhaps next year's event could be held in a neighboring city, such as The Tennis Gardens in Indian Wells. Mayor Kelly suggested that the other cities be approached and advised that the City of Palm Desert would agree to pay for a certain amount of time for the fireworks, with the other cities given the opportunity to contribute funds in order to extend the display time. Mrs. Gilligan noted that the $30,000 was for the fireworks display only and did not include the additional costs for police, fire, the concert, etc. Mrs. Scully added that the production costs for the event, including staffing, police protection, fire protection, permits, etc., were closer to $125,000. Upon question by Councilman Ferguson, she responded that approximately 30,000 people attend the event, based on parking and public safety estimates. Councilman Ferguson stated that he felt the issue of participation by other cities should be brought up at the Cove Communities Services Commission meeting. Councilman Spiegel moved to by Minute Motion, approve the subject contract with Pyro Spectaculars, Inc., Rialto, California, in the amount of $20,000 for a 20-minute fireworks display at the Year 2002 Independence Day Celebration, scheduled to be held on July 4 — funds are available in the FY 2001/02 Budget in Account No. 110-4416-414-3061, further directing staff and City Council to address neighboring cities for their participation in the event, and that the City Manager place the request on 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 the next Cove Communities Services Commission Meeting Agenda. Motion was seconded by Benson and carried by a 5-0 vote. J. REQUEST FOR APPROVAL of Final Tract Map 30087 (College View Estates, II, LLC, Applicant). Councilman Spiegel stated that he was not opposed to what was being proposed; however, he suggested that staff look into having the developer form a homeowners' association, rather than an assessment district, for the subdivision. Councilman Spiegel moved to waive further reading and adopt Resolution No. 02-40, approving the final subdivision map of Tract No. 30087 and approving the agreement relating thereto, subject to the developer being asked to form a homeowners' association for the subdivision rather than an assessment district. Motion was seconded by Crites and carried by a 5-0 vote. S. CONSIDERATION of Action Taken by the Legislative Review Committee Relative to SB 1717 (Machado) — Property Annexation. Councilman Crites stated that California has a strong policy about cities annexing land that is not contiguous to cities, and now it is only allowed for municipal purposed. He said this legislation appeared to de -annex things if cities annex things for municipal purposes and then don't use it for that. He said the staff report was not clear as to this legislation, and he suggested that this item be returned to the Legislative Review Committee for further review. Councilman Ferguson stated that the Committee would continue to recommend opposition to legislation that takes away the abilities of cities to govern themselves. Ms. Scully stated that during the energy crisis last year, legislation was approved that cities could annex non-contiguous property for the purpose of constructing power generating plants. The legislation provided that wherever the power generation plant was located, that was considered point of sale, and that city, rather than the county, would enjoy the sales tax from the sale of energy. Now that the focus has shifted a bit, this proposed legislation prohibits cities that annex non-contiguous property under 300 acres for that purpose to lease it to other private industries to sell the energy. If they do that, then the property reverts to the county, and the county enjoys the sales tax. The purpose of the opposition was the loss of local control. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 Councilman Crites moved to refer this matter back to the Legislative Review Committee for further review. Motion was seconded by Spiegel and carried by a 5-0 vote. IX. RESOLUTIONS None X. ORDINANCES For Introduction: None For Adoption: None XI. NEW BUSINESS A. REQUEST FOR CITY COUNCIL REVIEW OF A DECISION BY THE ARCHITECTURAL REVIEW COMMISSION, APPROVING A BLUE L.E.D. BRITE STRIPE ON THE CANOPY FASCIA AND OVER THE BUILDING ENTRY DOORS AT ARCO AT THE NORTHWEST CORNER OF COOK STREET AND GERALD FORD DRIVE, 74-950 GERALD FORD DRIVE Case No. PP/CUP 01-17 (Fred Fiedler and Associates, Applicant). Mr. Ortega noted the staff report in the packets. Councilman Ferguson stated that the Applicant had shown him a model of the proposed canopy, and he had asked the Applicant to bring the model to this City Council meeting. MR. CRAIG YAMASAKI, Zoning and Development Manager for Bobus Land Lease, representing BP Arco, showed the display model, including the ability to dim the intensity of the stripe, and he further reviewed the request in detail. He offered to work closely with City Council and staff on all the outside lighting for the project in order to determine an acceptable level of light for the facility; explaining that he would like to be mindful of the proximity to the station on the opposite corner and for all safety considerations. Councilman Crites asked for confirmation from Mr. Yamasaki that his proposal was to install the awning, with the City being given opportunity to 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 then look at it to determine whether or not the lighting is to be turned on; and if it is, the City would determine the level of intensity. MR. YAMASAKI agreed, adding that the brite stripe was part of the company's new design standard, which had been well received in other conservative communities. He remarked that the stripe had originally been proposed in white; however, upon testing, it was felt to be too garish. He reiterated the offer to set the lighting at an acceptable level or to remove the junction box entirely from the installation so that it couldn't be lit. Councilman Ferguson stated he almost didn't give this a second look since he believed "LED" would be like that on the face of a watch; but after thinking more on the matter and realizing in this case it would be akin to neon, he felt it needed investigation. He appreciated the offers made by Mr. Yamasaki, especially the one that if the City does not like the LED, Arco would agree to not put it on the awning; however, he felt that installing it and turning it off if it does not work is like closing roads for 30 days — once it is done, it is done. That is why he felt the case deserved more discussion, especially since the project was at the gateway to the "University Village" and the new central corridor of Palm Desert. Councilman Crites stated that having the offer of undoing something was a lot different than what the City had received in the past with some of the neon. He said while staff found the Outback Steakhouse a wonderful example of acceptable neon, he felt it had been nothing but a pain since it was put in, with the illumination not being kept at an acceptable level. However, if the City had the assurance that the LED stripe would be turned off if found to be unacceptable, he said he could live with the "experiment" to see if this will work. Pursuant to the suggestion that Mr. Yamasaki offered and agreed to, Councilman Crites moved to, by Minute Motion, approve the blue LED brite stripe on the canopy fascia and over the building entry doors, subject to a field test of the application and approval of a designated level of illuminated brightness conditioned as follows: 1) Should the installation be determined not to be acceptable, then it shall be removed; 2) should it be determined to be acceptable at a specified level of intensity, then the City has the ability in the future to require removal of the brite stripe should it be found that the designated intensity level is not being maintained. Motion was seconded by Spiegel and carried by a 4-1 vote, with Councilman Ferguson voting NO. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 B. REQUEST FOR AUTHORIZATION TO INVEST PUBLIC MONIES IN THE CALIFORNIA ASSET MANAGEMENT TRUST (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted the staff report in the packets. He stated that this had been approved by the Finance Committee at its last meeting. Councilman/Member Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 02-41, authorizing the investment of City monies in the California Asset Management Trust; 2) Redevelopment Agency Resolution No. 444, authorizing the investment of Agency monies in the California Asset Management Trust. Motion was seconded by Benson and carried by a 5-0 vote. XII. CONTINUED BUSINESS A. UPDATE ON CHARGER INSTALLATION ON HIGHWAY 74 (Continued from the meeting of April 11, 2002). Mr. Ortega noted the staff report in the packets. No formal Council action was taken on this informational item. B. UPDATE ON HOMME/ADAMS PARK (Continued from the meetings of April 11, and April 25, 2002). Mr. Drell noted the update in the packets, noting that a final decision needed to be made relative to whether to replace the palm logs with the rail fencing. Mayor Kelly added that the Council felt this matter should be continued until such time as Councilman Crites was present to participate in the discussion and action. Councilman Ferguson stated that he had raised the issue with respect to the palm logs. He said he did so for two reasons: 1) it seemed to him that no matter what was done with the boundary along the wash, there would be a third type of fencing. There would be lodge pole fencing along Mrs. Cree's property, date palm logs along the newly widened, smooth road that goes along the channel, and there would be something else along the wash. He felt having three different types of fencing along one development cluttered what was supposed to be a rural, aesthetic area; 2) the ability of four-wheel drive and off -wheel vehicles to go over palm logs and go up and scar the hillsides along Judge Slaughter's property and the hiking trails, etc. He said he had met with Mrs. Cree and had gone out to her home to look at some of her views, and she assured him that there were no off-roaders who had gone 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 over the date palm logs. He said he was happy to hear that this type of fencing was working to keep off-roaders from going out into those areas. Councilman Crites said the original idea of using palm logs was to have a visual sense of separation. He said he felt a park should have the minimum visual separation. He felt the palm Togs did what they were supposed to do with the least amount of visual intrusion. Mayor Kelly asked that no matter what was decided that the excess palm logs be removed. Mr. Drell gave assurance that once the decisions had been made, the excess logs would be removed, the parking lot would be re -graded, and completion of the re -naturalization of the site would take place. Councilman Spiegel moved to, by Minute Motion, approve the use of palm logs for all remaining boundary marking, with any excess logs being removed upon completion, but if it is later determined that the logs are unacceptable, then the issue can be revisited. Motion was seconded by Benson and carried by a 5-0 vote. Mr. Drell further explained the need for steel post and cable treatment that would be installed to prevent a car from driving into the channel. Upon question, he answered that the posts and cable would be painted to make it blend into the surroundings. Councilman Crites moved to, by Minute Motion, approve steel post and cable treatment as a barrier along the channel, said components to be camouflaged with paint. Motion was seconded by Spiegel and carried by a 5-0 vote. Councilman Ferguson noted that Item #4 of the staff report indicates a monument sign would be installed the week of April 8, 2002; however, he had not yet seen such a monument sign. Mr. Drell responded that the rock was there; however, its permanent placement will come once all the rearranging and other work is done. He added that marker identified the national monument; once the trails were developed, then identifying signage would be addressed, probably in the fall. Responding to question about the status of the site design, he said the design was complete in concept; it was hoped that a completion date would be by fall. As an aside, Councilman Crites reported that he met with the BLM Area Manager today, and their preferred alternative for the Desert Conservation Act Plan Amendment, including trail issues for the entire Coachella Valley, 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 would include the possibility of a trail system from the Homme/Adams Park along the hill and all the way over to the Rancho Mirage trail head. C. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE 2002/03 CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICTS (Continued from the meeting of April 25, 2002). Mr. Ortega stated that this was an item coming back to the Council because at its last meeting, the Council requested that staff remove certain options. He said the new recommendations and proposed levies reflected that. In addition, these items had gone before the Assessment District Committee (includes Councilman Spiegel and Mayor Kelly), which recommended that the proposed levies be sent to the property owners for a vote. Senior Management Analyst Martin Alvarez noted corrections to the resolutions to reflect a new date of July 11, 2002, for the public hearing at 4:00 p.m. Councilman Spiegel said staff was asked to provide information to the property owners so they could set up homeowners' associations if they did not like the levies. Councilman Ferguson said he wanted to make sure the property owners were aware that Councilman Spiegel was not making a recommendation on what to do. He said it was simply the City Council's desire to put forth a pallette of alternatives: keep the existing levy, accept the improvements, or opt out of assessments and form a homeowners' association to take care of the landscaping. Councilman Spiegel moved to waive further reading and adopt Resolution No. 02-35, initiating proceedings for the levy and collection of assessments for Consolidated Palm Desert Landscaping and Lighting District, Fiscal Year 2002/03, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code; 2) Resolution No. 02-36, for preliminary approval of the Engineer's Report regarding the proposed levy and collection of assessments for the Consolidated Palm Desert Landscaping and Lighting District, Fiscal Year2002/03; 3) Resolution No. 02-38, declaring intention for the levy and collection of assessments for the Consolidated Palm Desert Landscaping and Lighting District and calling for a property owner protest ballot proceeding for all proposed assessment increases in any of said zones for Fiscal Year 2002/03; 4) Resolution No. 02-39, ordering the levy and collection of assessments within the Consolidated Palm Desert Landscaping and Lighting District for Fiscal Year 2002/03; with the resolutions amended to reflect setting the public hearing for July 11, 2002, at 4:00 p.m., and with staff's understanding that they are to provide affected property owners with sufficient information on what alternatives existed in order that they may cast their 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 ballots accordingly. Motion was seconded by Ferguson and carried by a 5-0 vote. NOTE: No action was required on Resolution No. 02-37 at this time. D. REQUEST FOR APPROVAL OF THE CIVIC CENTER AMPHITHEATER REMODEL AND ESTIMATE ; AUTHORIZATION FOR PREPARATION OF CONSTRUCTION DOCUMENT PHASE OF PROJECT AND TO SOLICIT BIDS FOR CONSTRUCTION OF THE AMPHITHEATER REMODEL (Continued from the meeting of April 25, 2002). Mr. Drell noted the staff report and recommendations in the packet. Councilman Spiegel stated that if the Council, by approving this contract, would really be agreeing to a lot more than the $263,000 for the contract. Mr. Drell responded that the estimated cost was $2.3 million for the remodel. Councilman Ferguson stated that it was his understanding that there were no right angles to this construction, which meant that a lot of it has to be specially constructed. He said his experience with specially constructed projects, particularly in the $2.3 million range, was that a 10% contingency was not nearly enough. He asked if any plans had been made for cost overruns. Mr. Drell stated that this was different from a lot of City projects in that this entire design had proceeded with the participation of the likely bidder. He said there was only one organization that could do this work, and the cost estimates were probably a little closer and more accurate since he had been studying this design for a long time. Councilman Ferguson questioned cutting $3 million from the City's budget and 30% from charitable contributions, yet approving the expenditure of $3 million additional to remodel a perfectly good, functioning, existing amphitheater and asked if that was consistent. Mr. Drell responded that this was a capital improvement that would be around the City for many years to come. The money was coming out of the Park Fund and Enterprise Fund from the Office Complex rather than the General Fund, and monies in both the Park Fund and Enterprise Fund had to be spent on the park. Mayor Pro-Tem Benson said she felt this was something for which Palm Desert would be known other than all the other things it does as well. Mayor Pro-Tem Benson moved to, by Minute Motion: 1) Approve the Civic Center Amphitheater remodel design and cost estimate; 2) authorize the Mayor to enter into an 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 agreement with Interactive Design Group, Palm Springs, California, (Contract No. C14640A) in the amount of $263,699 for the completion of construction documents and construction administration for the subject project — funds are available in Parks and Recreation Fund 233; 3) authorize the City Clerk to advertise and call for bids for construction of the Civic Center Amphitheater Remodel (Contract No. C20110). Motion was seconded by Spiegel Mayor Kelly said he had no doubt in his mind that this will be a fantastic complex, and it will bring a lot of notoriety to Palm Desert. However, he felt the Amphitheater was already taking care of the purpose for which it was built, and the McCallum Theatre was available for more sophisticated events. He expressed concern with spending so much money on such a project. Mayor Kelly called for the vote, and the motion carried by a 4-1 vote, with Mayor Kelly voting NO. XIII. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR THE FRED WARING DRIVE IMPROVEMENTS FROM HIGHWAY 111 TO FAIRHAVEN DRIVE (CONTRACT NO. C19690, PROJECT NO. 651-99). Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Riverside Construction Company, Inc., Riverside, California, in the amount of $1,648,778, authorize a 10% contingency in the amount of $164,877.80, and authorize the Mayor to execute said contract — funds for this project are available in the Project Account No. 213--4399-433-4001; 2) appropriate $184,140 from the Unobligated Drainage Fund 232 to fund the drainage portion of the project (this amount is included in the $1,648,778 award). Motion was seconded by Benson and carried by a 5-0 vote. XIV. PUBLIC HEARINGS A. CONSIDERATION OF THE FORMATION OF THE DIAMONDBACK LANDSCAPING AND LIGHTING DISTRICT. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. No testimony was offered, and he declared the public hearing closed. MR. JIM McGUIRE, MuniFinancial, announced the results of the ballots, as follows: 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 No votes were cast. Because this was a protest proceeding, it required 50% protest to stop formation of the District, so this District can be formed even with no votes returned. Councilman Crites moved to waive further reading and adopt: 1) Resolution No. 02-42, declaring the results of a property owner protest proceeding for the territory within the proposed Diamondback Landscaping and Lighting District and approving certain related actions (Note: No ballots were cast, meaning entries of -0- will be recorded in the dollar and percentage entries on the aforementioned resolution); 2) Resolution No. 02-43, amending and/or approving the Engineer's Report regarding the formation of the Diamondback 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. 02-44, ordering the formation of the Diamondback 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. Motion was seconded by Ferguson and carried by a 5-0 vote. B. CONSIDERATION OF THE FORMATION OF THE PALM COURT LANDSCAPING AND LIGHTING DISTRICT. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. No testimony was offered, and he declared the public hearing closed. MR. JIM McGUIRE, MuniFinancial, announced the results of the ballots, as follows: All ballots (20) returned; "Yes" ballots cast in the amount of $2,126.88 (30%); "No" ballots cast in the amount of $4,962.72 (70%) Councilman Crites asked what happens now if the homeowners do not want to have a homeowners' association, since the assessment district was defeated. Mr. Erwin stated that to the extent there are subdivisions there, conditions on the map say either a homeowners' association or a landscaping and lighting district will be formed. Mayor Kelly suggested that staff be directed to bring a report back to the Council relative to what the next step would be for this area. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 The District was defeated with "Yes" ballots cast in the amount of $2,126.88 (30%) and "No" ballots cast in the amount of $4,962.72 (70%). Therefore, no action was taken on the resolutions as listed on the Agenda (Nos. 02-45, 02-46, and 02-47), but staff was asked to return to the Council with a report on what the next step would be for this area. C. CONSIDERATION OF THE FORMATION OF THE SHEPHERD LANE LANDSCAPING AND LIGHTING DISTRICT. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. Mr. Erwin called the Council's attention to the fact that the Redevelopment Agency owns five parcels within this particular landscaping and lighting district. He said the Agency's ballot had not yet been cast, either for or against, and it would be appropriate for the Council, acting as the Agency, to decide whether to vote in favor or against the formation of the district. Mayor Kelly suspended the remainder of the Agenda at this point in order for the Council, acting as the Redevelopment Agency Board, to take action relative to the Agency's five parcels. Responding to question by Councilman Spiegel, Mr. Alvarez confirmed that a portion of the parcels affected by the subject district were under construction; and if the district was approved, each parcel would be annexed as it came in. In further response, he said in the future staff would require new developers in other areas to form homeowners' associations. On a 5-0 vote of the Redevelopment Agency Board (motion by Spiegel, second by Benson), "Yes" votes were approved for the five parcels owned by the Redevelopment Agency within the Shepherd Lane Landscaping & Lighting District. Mr. Folkers noted that if an area had an assessment district and changing it to a homeowners' association was desired, 100% participation was required. He suspected that might be difficult in some areas, although staff would do its best to get as many as possible. With no testimony offered, Mayor Kelly declared the public hearing closed. MR. JIM McGUIRE, MuniFinancial, announced the results of the ballots, as follows: 42 ballots returned; "Yes" ballots cast in the amount of $9,793.20 (40.82%); "No" ballots cast in the amount of $14,200.13 (59.18%) 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 The District was defeated with "Yes" ballots in the amount of $9,793.20 (40.82%) and "No" in the amount of $14,200.14 (59.18%). Therefore, no action was taken on the resolutions as listed on the Agenda (Nos. 02-48, 02-49, and 02-50), but staff was asked to return to the Council with a report on what the next step would be for this area. XV. REPORTS AND REMARKS A. CITY MANAGER Councilman Crites moved to add the following item to the Agenda. Motion was seconded by Spiegel and carried by a 5-0 vote. 1. Consideration of Reauest by the Palm Desert Police Department for Approval of the Purchase of a Raytheon Thermal Imager. Mr. Ortega noted the staff report included in the packets. Councilman Ferguson noted that this matter had been before the Cove Communities Services Commission, and its recommendation was that all three cities approve the expenditure of funds to cover the purchase of this imager. Councilman Ferguson moved to, by Minute Motion, authorize the expenditure of California Law Enforcement Equipment Program (CLEEP) funds in the amount of $5,344.98 to cover Palm Desert's portion of the Cove Commission's recommendation to purchase one Raytheon Thermal Imager for the Riverside County Sheriff's Department Palm Desert Sheriff's Station. Motion was seconded by Spiegel and carried by a 5-0 vote. B. CITY ATTORNEY 1) Request for Closed Session: Councilman Spiegel moved to add the following item to the Closed Session Agenda. Motion was seconded by Ferguson and carried by a 5-0 vote. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 74-065 Goleta Avenue, Palm Desert (APN 625-022-005) Negotiating Parties: Agency: Justin McCarthy/City of Palm Desert Property Owner: Mark and Jodie Ratliff Under Negotiation: x Price x Terms of Payment 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) G. L. Gayler Construction, Inc., v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 028597 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: Titles of Positions: City Attorney City Manager 2) Report and Action from Closed Session Made at This Meeting. Upon reconvening the meeting at 7:02 p.m., Mr. Erwin announced that on a 4-0-1 vote of the City Council, with Councilman Ferguson ABSTAINING, approval was given for the Joint Exercise of Powers Agreement relative to the proposed Municipal Electric Utility, subject to the approval by all affected cities in the Southern California Edison service area, further arranging for the cities of Palm Springs and Rancho Mirage to contribute their respective shares of the cost of the study to date. C. CITY CLERK 1. Mrs. Klassen reminded the City Council to adjourn today's meeting to 3:00 p.m. on Thursday, May 23, 2002, in order to conduct Closed Session. With City Council concurrence, staff was directed to take the appropriate actions that would allow all regular City Council and Redevelopment Agency Meetings to convene at 3:00 p.m. for conducting Closed Session, with the regular session and public hearings to convene at 4:00 p.m. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Councilmember Benson noted that SunLine was no longer able to provide transportation for school children to the Children's Discovery Museum of the Desert. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 With City Council concurrence, staff was asked to invite SunLine Transit Agency officials to the Council's meeting of May 23 in order to provide information on the recent court ruling that prevented it from competing with private transportation lines in providing such services. Officials from the Children's Discovery Museum would also be invited to the Council Meeting in order to hear the presentation. o City Council Committee Reports: 1. Update on Energy Issues (Councilman Buford A. Crites). Councilman Crites reported on the trip he just completed to Europe and his visit to Bright Star facilities there. Councilman Crites also provided information relative to the issues of the Eagle Mountain Landfill and the Salton Sea. 2. Mayor Kelly provided an update on the upcoming ballot measure to extend Measure "A" funding for 30 years. 3. Councilman Spiegel reported from Parks & Recreation Commission that: — The conceptual plan for the new Palma Village Neighborhood Park would be the subject of a neighborhood meeting on May 27. — The Palm Desert Senior Games had just been completed with great success and the possibility that Palm Desert would host the Statewide event in 2004. — George Brett would be the next inductee for Legends Field. 4. Councilman Ferguson reported that relative to the visit later this month by a delegation from Ixtapa - Zihuatanejo, the City of Indian Wells was going to be approached for its interest in joint participation in such a Sister Cities relationship. o City Council Comments: None 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 XVI. ADJOURNMENT Councilman Spiegel moved to adjourn the meeting to Closed Session at 5:36 p.m. Motion was seconded by Crites and carried by a 5-0 vote. Mayor Kelly reconvened the meeting at 7:02 p.m. With Council concurrence, he adjourned the meeting at 7:36 p.m. to 3:00 p.m. on May 23, 2002, for an Adjourned Joint Meeting of the City Council and Redevelopment Agency. ATTEST: /'\ i SHEILA R:'GILLIGA CITY OF PALM DE ITY CLERK T, CALIFORNIA RIICHARD S. KELLY, MAY 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING EXHIBIT "A" Re Big Horn Water Pump Station - Chia & Haystack Rd. MAY 9, 2002 In September 1996 we purchased the home at 73-221 Haystack Rd. When we purchased our home we were aware of the water pump station behind the home. From 1996 through August 2001 the only noise we encountered was the expelling of air that lasted approximately 1-2 minute on occasion and the occasional loud sound of the pump shutting down. Otherwise, you would not even know it was there. In August of 2001, just prior to the Battle of Big Horn, they started working at the pump station, adding booster pumps. The system ran 24-7, with a continuous, very loud noise. We were told that it was "temporary", as they just needed to fill the lakes and water features for the tournament at the new golf course. We were told that as soon as the Battle of Big Horn was over, the noise would cease. We felt that as it was going to be temporary, we would deal with it. Well, the tournament was over, but nothing stopped. We finally called the City and a Mr. Shawn Kilpatrick from Code Enforcement, came and took sound readings. They were at a steady 68 decibels, day and night. He spoke with Big Horn and relayed to us that they said they were working with engineers to put a new pump that would be able to handle their water needs and be much quieter. However, they said this would not be completed until November. We told Shawn that there was no way that we could deal with the continuous noise level for that long a period of time, and something had to be done. In September they brought in "sound blankets" to enclose the pumps that were suppose to muffle the sound. They stood approximately 20 feet tall and were wrapped around 3 sides of the pumps. They were not only an eye sore; they did nothing to reduce the sound level. November came and went and they still did nothing to resolve the problem. They removed the "sound blankets and constructed 3-sided plywood structures around the pumps. This did not resolve the noise problem. They than installed sound barrier material in the structures. However, they than said the motors were getting too hot and added fans to cool them off. The fans were louder than the pumps! We were than promised that it would be completed by December. It was not. Shawn Kilpatrick again went back to the city with our problem and in January 2002 Big Horn was cited for exceeding the sound level and had until February Bch to rectify the situation. At their court appearance on February 8th they stated they had rectified the problem and the summons was signed off on. However, it was not rectified and this did nothing for our sanity of having to live with this. -( 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 In March they again had crews working on a daily basis, 6 days a week installing a second well site and digging dry wells. This work continued on a daily basis through April. In the beginning of April, I believe at the suggestion of Shawn Kilpatrick, they brought in 6-8 trees to line the wall to hopefully muffle the sound level and to also hide the ugly structures. They brought in the trees, which were never planted, and approximately 2 weeks later the cranes came in and removed the trees. On Wednesday, April 24th, at approximately 4:OOPM, the second well site was brought on line. The noise was deafening. My husband immediately went around the corner to inquire if they intended to leave this running. He was told yes, but it was "temporary". They were sure that they would be building a structure around it. I immediately called Shawn Kilpatrick and stated there was no way we were going to listen to this well the way it was. He called Larry Olsen of Big Horn and informed him of our complaint. Mr. Olsen came over and took a sound reading. He said he was within the legal limit at 55 decibels. I asked him if he could live with this sound and he said no, but legally we couldn't do anything, but he would shut it down for the night. On Thursday they built another unsightly structure. The noise level ranges at a steady 50-55 during the day. It never stops. There is no way that someone should be expected to live with a continuous noise. You cannot leave the windows open at night. Actually, at night the noise level exceeds the code. On Wednesday, May 8th, Shawn Kilpatrick came to take sound readings again. The average reading was 48-49 decibels. We than had a visit from David Lowe of Big Horn who gave us new promises. He said they would shut down the one pump at night to reduce the night noise level. They were going to be dismantling the well site at the south end of Chia (since that site has already gone dry), and installing it in the station behind us. He would than get back to us with his long term plan regarding the structures, but he would have to see what was in their budget. This morning, May 9th, my husband spoke again with David Lowe at the site and was told that they would be adding 3 more courses to our back wall, dismantling the booster pump and bringing pump one off-line for the retrofit. However, they will have to run pump two 24-7 for 10-14 days while the work takes place. This would mean it will probably exceed the code for at least a two -week period of time. This pump sits less than 75 feet away from my bedroom window. He than stated that in the long-term plans they will build cement enclosures that will be stuccoed and have tile roofs. Again, we do not know what the long-term means to them. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 As you can see this has been going on for over 10 months now. We are tired of their promises. We cannot be expected to have our lives, and the lives of our neighbors to be interrupted at the sake of Big Horn having their lakes, water features and golf courses supplied with water. We have had to deal with the attitude that Big Horn needs to have their water features. I don't believe there is one person in Big Horn who would tolerate what we have been going through for the last 10 months. I would like to see them house this in their backyard and have their lives interrupted as ours have been. We have been promised time and time again. Noise creates annoyances through a combination of factors, both physical and psychological. In the physical realm you have to take into account not only the level of the noise, but also the pitch, intensity, tonal nature and/or impulsive nature and the proximity of the noise to residential sleeping facilities, and whether the noise is recurrent, intermittent or constant. In the psychological realm you need to factor in the time of day, the continuousness of the noise, and the disturbance to the persons daily activities and repose. There must be some merit to the principle of the duration of the noise versus exceedance of sound level. Also, we are not only dealing with the noise and the unsightly structures, but we are also encountering damage to our property as the vibration from these pumps are cracking our back wall. This is a residential neighborhood that now is housing what is turning into an industrial well site. The continuous noise level may be acceptable to an industrial area, but it certainly cannot be expected to be tolerated in a residential area. All you need to do is visit Ironwood Park to see what a disgrace this site is to our neighborhood. All you need to do is spend 20 minutes in my home to understand the unacceptable noise that we are being forced to live with. I extend an open invitation to the Mayor, any city council member, any member of our community, or any other interested party to come to my home to see first hand what we are dealing with. Thank you for your time, I remain, Truly yours, L/ Charles & inda Ga rini Residence of 73-221 Haystack Rd. Palm Desert, CA 92260 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2002 PETITION AGAINST BIG HORN'S WATER PUMP STATION ON CHIA & HAYSTACK RD. 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