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HomeMy WebLinkAbout2003-07-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 10, 2003 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:03 p.m. II. ROLL CALL Present: Councilman Buford A. Crites Councilman Richard S. Kelly Mayor Pro-Tempore Robert A. Spiegel Mayor Jean M. Benson Excused Absence: Councilman Jim Ferguson Also Present: — Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Mark Greenwood, City Engineer Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Teresa L. La Rocca, Director of Housing Michael J. Errante, Director of Public Works Robert P. Kohn, Director of Special Programs Jose Luis Espinoza, Assistant Finance Director III. ORAL COMMUNICATIONS - A None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex, 73-710/720 Fred Waring Drive, Suite 203, Palm Desert Negotiating Parties: Agency: Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Adopt A Class Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex, 73-710/720 Fred Waring Drive, Suite 220, Palm Desert Negotiating Parties: Agency: Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Environmental Products and Applications, Inc. Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Corey Taylor v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 035494 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 With Council concurrence, Mayor Benson adjourned the meeting at 3:04 p.m. She reconvened the meeting at 4:12 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. City Attorney Erwin reported that during Closed Session, the City Council approved leases at the Parkview Office Complex with Environmental Products and Applications for Suite 220, and with Adopt A Class for Suite 203. VI. PLEDGE OF ALLEGIANCE - Mayor Jean M. Benson 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 VII. INVOCATION - Mayor Pro-Tempore Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE LINDA KRULL FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS LIBRARY PROMOTION COMMITTEE. On behalf of the City Council, Mayor Benson presented Ms. Krull with an engraved crystal clock, thanking her for her time with the Library Promotion Committee and wishing her well in her future endeavors. B. PRESENTATION TO RECOGNIZE STEVE OPPENHEIMER FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS TECHNOLOGY COMMITTEE. Mr. Oppenheimer was unable to be present at the meeting. C. PRESENTATION OF UPDATE ON STATE BUDGET BY REGIONAL -" REPRESENTATIVE TO THE LEAGUE OF CALIFORNIA CITIES DAVID WILLMON. Mr. Willmon was unable to be present at the meeting. D. CONSIDERATION OF APPOINTMENT TO THE RENT REVIEW COMMISSION. Mayor Pro Tempore Spiegel moved to, by Minute Motion, appoint David Fisher to the Rent Review Commission to fill the unexpired term of former Commissioner James McCaughey (01/01/00 to 12/31/03). Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 26, 2003. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 276, 277, 280, 284, 283PDOC, and 284PDOC. Rec: Approve as presented. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 C. CITY'S/AGENCY'S PORTFOLIO MANAGEMENT SUMMARIES for May 2003 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE byYi Steven Chen and Xiao Hong Jenny Ren for Pak Inn Restaurant, 73-040 El Paseo, Palm Desert. Rec: Receive and file. D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Spring Resort LLC for Best Western Palm Desert Resort, 74-695 Highway 111, Palm Desert. Rec: Receive and file. E. MINUTES of City Committee and Commission Meetings. 1. Art In Public Places Commission Meetings of February 19, April 16, and May 21, 2003. 2. Entrada del Paseo Steering Committee Meeting of May 28, 2003. 3. Investment & Finance Committee Meeting of April 28, 2003. 4. Youth Committee Meeting of April 14, 2003. Rec: Receive and file. F-1. RESIGNATION from Linda Krull from the Library Promotion Committee. Rec: Receive with very sincere regret. F-2. RESIGNATION from Steve Oppenheimer from the Technology Committee. Rec: Receive with very sincere regret. G. CONSIDERATION of the Adoption of a Public Art Philosophy for the Art In Public Places Program. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 H. REQUEST FOR AUTHORIZATION to Pursue Grant Funding for Production — of a Documentary on Public Art in Palm Desert. Rec: By Minute Motion, concur with the Art In Public Places Commission to authorize staff to pursue grant funding that requires no matching funds for the production of a documentary on public art in Palm Desert. I. CONSIDERATION of Request for Temporary Funding of Shared Multi -Agency Library Staff. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. J. REQUEST FOR AUTHORIZATION to Grant Easement to Southern California Edison to Install Underground Conduit at Ironwood Park - Silver Spur Ranch Undergrounding Assessment District No. 01-01. K-1. Rec: By Minute Motion, authorize the Grant of Easement for the subject project. REQUEST FOR AUTHORIZATION to Solicit Competitive Bids for Comfort Stations on the Mountain View Course - Desert Willow Golf Resort (Contract No. C21540). Rec: By Minute Motion, authorize staff to solicit competitive bids for the subject comfort stations. K-2. REQUEST FOR AUTHORIZATION to Solicit Competitive Bids for the Service Stations at Desert Willow Golf Resort (Contract No. C21550). Rec: By Minute Motion: 1) Authorize staff to solicit competitive bids for the subject stations; 2) authorize the City Manager to award the contract and appropriate funds as necessary for same. K-3. REQUEST FOR AUTHORIZATION to Solicit Competitive Bids for Construction of Civil Improvements at the Future Coachella Valley Water District (CVWD) Well Site at the Intersection of Fred Waring Drive/ San Pascual Avenue (Contract No. C21560). Rec: By Minute Motion, authorize solicitation of competitive bids for construction of civil improvements at a future CVWD well site at the northeast corner of the intersection of Fred Waring Drive and San Pascual Avenue. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 L. REQUEST FOR APPROVAL of an Agreement for Traffic Signal Energy and Maintenance Costs for the Intersection of Portola Avenue and Via Venezia (Contract No. C21570). Rec: By Minute Motion, authorize the Mayor to execute the subject agreement with Venezia Homeowners Association for the contribution of maintenance and energy costs associated with the traffic signal and safety lighting for the intersection of Portola Avenue and Via Venezia. M. REQUEST FOR AUTHORIZATION of Re -striping Fred Waring Drive for Six Through Lanes with No Parking Between Fairhaven Drive and San Pascual Avenue. Rec: By Minute Motion, authorize re -striping of Fred Waring Drive to provide for six (6) through lanes of traffic with "No Parking" zones between Fairhaven Drive and San Pascual Avenue. N. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract 30030 (Sound Management, LLC, Applicant). Rec: By Minute Motion, accept the improvements as complete and authorize the City Clerk to release the subject improvement securities. O. INFORMATIONAL ITEMS 1. Status Report Regarding the Ultimate Width and Configuration of Monterey Avenue from Magnesia Falls Drive to Country Club Drive. Councilman Crites asked that Item G be removed for separate consideration under Section XI, Consent Items Held Over. Mayor Pro Tempore Spiegel asked that Item I also be removed for separate consideration. Upon motion by Crites, second by Spiegel, the remainder of the Consent Calendar was approved as presented by a 4-0 vote, with Councilman Ferguson ABSENT. Xl. CONSENT ITEMS HELD OVER G. CONSIDERATION of the Adoption of a Public Art Philosophy for the Art In Public Places Program. Councilman Crites stated that he had spoken with the City's Public Arts Manager. He noted that the word "greatest" appeared twice in the same sentence in the recommendation, and he suggested that the first instance be changed to "high" and the second to "maximum," with the final wording to read as follows: "The Art In Public Places Program philosophy is to bring high quality and diverse art to the City of Palm Desert; to provide maximum 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 accessibility to the art for the public; and to advise the City Council in making art -related decisions." He said this was acceptable to the Public Arts Manager. Councilman Crites moved to, by Minute Motion, concur with the Art In Public Places Commission's proposed public art philosophy, as follows: "The Art In Public Places Program philosophy is to bring high quality and diverse art to the City of Palm Desert; to provide maximum accessibility to the art for the public; and to advise the City Council in making art -related decisions." Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. I. CONSIDERATION of Request for Temporary Funding of Shared Multi -Agency Library Staff. Mayor Pro Tempore Spiegel noted that the College side of the Library was now closed until September 2, and people looking for reference books there are not able to obtain them. He added that the College of the Desert would be shortening its hours after school opens, and he said he hated to see that much of the Library closed for such a lengthy period. He would greatly appreciate any pressure that could be applied to better fund the Library. Mayor Benson explained this funding request was to substitute what the College normally paid for LSSI personnel that staffs the circulation desk, `— which serves both sides. She went on to say that negotiations were ongoing to better integrate both systems into a full -facility library instead of having the City and College sides as separate operations. She added that at yesterday's meeting, the Library Promotion Committee had unanimously recommended the funding. Mrs. Klassen noted for the record that the requested amount was $10,200 rather than the $10,000 shown on the Agenda and in the staff report. Mayor Pro Tempore Spiegel moved to, by Minute Motion: 1) Concur with the recommendation of the Library Promotion Committee regarding the request to contribute funds in an amount not to exceed $10,200 to compensate for the loss of funding provided by College of the Desert for shared staffing at the Multi -Agency Library for FY 2003/04 — oral recommendation to be provided at the City Council Meeting following the Library Promotion Committee Meeting of July 9; 2) if approved, appropriate said funds from Unobligated Library Fund Reserves to Account No. 452-4662-454-4001 for FY 2003/04. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 XII. RESOLUTIONS A. RESOLUTION NO. 03-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO ABANDON A PORTION OF PUBLIC RIGHT-OF-WAY AFFECTING LOT 22, AS DESCRIBED AS A PUBLIC RIGHT-OF-WAY AS SHOWN ON THE PALM VISTA UNIT NO. 2 SUBDIVISION MAP UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS & HIGHWAYS CODE, AND FIXING A TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT. Councilman Crites moved to waive further reading and adopt Resolution No. 03-92. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. B. RESOLUTION NO. 03-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING IXTAPA-ZIAHUATANEJO, MEXICO, AS A SISTER CITY OF PALM DESERT, CALIFORNIA. Upon question by Mayor Pro Tempore Spiegel, Visitor Center Manager Donna Gomez noted that part of the Resolution was that Ixtapa-Ziahuatanejo adopt a resolution similar to this one and that a formal memorandum of understanding be adopted. She added the plan was to invite representatives of Ixtapa-Ziahuatanejo to Palm Desert and do a formal presentation and signing of the documents. Mayor Pro Tempore Spiegel moved to waive further reading and adopt Resolution No. 03-93. Motion was seconded by Crites and carried by a 4-0 vote. XIII. ORDINANCES For Introduction: None 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 For Adoption: A. ORDINANCE NO. 1051 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTIONS 2.24.030 AND 2.64.140, AND AMENDING SECTION 2.28.010 OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING COMPENSATION FOR MEMBERS OF THE CITY COUNCIL, REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY EFFECTIVE SEPTEMBER 1, 2003. Mayor Pro Tempore Spiegel moved to waive further reading and adopt Ordinance No. 1051. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XIV. NEW BUSINESS A. UPDATE ON SUNLINE TRANSIT AGENCY BY GENERAL MANAGER DICK CROMWELL. Councilman Kelly noted that he knew everyone was aware Mr. Cromwell was placed on paid administrative leave. Therefore, Councilman Kelly provided his colleagues with a hard copy of the report that would have been given at this time. The report was received and is now on file and of record in the Office of the City Clerk. B. REQUEST FOR APPROVAL OF SPONSORSHIP OF U.S./MEXICO SISTER CITIES CONVENTION IN CATHEDRAL CITY, AUGUST 14-17, 2003. Mayor Pro Tempore Spiegel moved to, by Minute Motion: 1) Authorize staff to work with the City of Cathedral City in identifying opportunities to sponsor the U.S./Mexico Sister Cities Convention in Cathedral City, August 14-17, 2003, and approve funds for same in an amount not to exceed $3,000 as part of that sponsorship, subject to conditions contained in the staff report dated July 10, 2003; 2) appropriate $5,000 to the Sister Cities Committee budget to pay for said sponsorship plus the cost of a luncheon sponsored by the City of Palm Desert during the Conference. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. C. REQUEST FOR APPROVAL OF AGREEMENTS WITH THE COUNTY OF RIVERSIDE, RIVERSIDE COUNTY LIBRARY SYSTEM/LSSI FOR LIBRARY SERVICES — FISCAL YEAR 2003/04. Councilman Crites moved to, by Minute Motion: 1) Approve Contract No. C14166 - Sixth Amendment to Agreement to Provide Library Services (Additional Staff) for the Event and Volunteer Coordinators positions and a part-time Computer Instructor/Lab Technician, subject to review and approval of the City Attorney; 2) approve Contract No. C 18023 - Third Amendment to Agreement to Provide Library Services (Additional Hours/Bookmobile) for the three additional hours of operation of the Palm Desert Wing of the Multi -Agency Library 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 each Thursday and to begin operation of Bookmobile Service for Palm Desert, subject to review and approval of the City Attorney; 3) authorize the Mayor to execute said contracts; 4) authorize issuance of a City purchase order, favoring Library Systems & Services, Inc. (LSSI), Germantown, Maryland, in the amount of $55,000 for the purchase of materials for FY 2003/04 — all of the above funding has been set aside in the FY 2003/04 Library Fund budget in Account No. 452-4662-454-4001, and no additional appropriations are necessary. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. Mayor Benson commented that when the County Library System first decided to go with private contractor LSSI to administer its libraries, everyone was skeptical. However, in reviewing the monthly reports provided at yesterday's Library Promotion Committee regarding the high number of circulated items, people served, and inquiries answered, she noted the level and quality of service being provided was proof that the contractor has been more than successful, and everyone was greatly satisfied. Further, she was proud of the high -caliber events now being hosted at the Library. Lastly, she reported that also at yesterday's meeting, it was suggested that the Library Community Room be softened, possibly with artwork to make it a more inviting venue for these events in the future. She would be working with staff to put together a proposal for this project. D. REQUEST FOR APPROVAL OF SOUTHERN CALIFORNIA EDISON (SCE) REVISED WORK ORDER NO. 3-7104 6779-7175 FOR UNDERGROUNDING EXISTING OVERHEAD UTILITY LINES ON MAGNESIA FALLS DRIVE (CONTRACT NO. C21580). Mr. Ortega noted the staff report and recommendation in the packets. Mayor Pro Tempore Spiegel moved to, by Minute Motion: 1) Approve the subject SCE Revised Work Order in the amount of $350,000 for undergrounding existing overhead utility lines on Magnesia Falls Drive; 2) appropriate an additional $28,045 from Unobligated Fund 400 to Account No. 400-4626-433-4001 for this work; 3) authorize the Mayor to execute the agreement for same. Motion was seconded by Kelly and carried by a 3-1 vote, with Mayor Benson voting NO and Councilman Ferguson ABSENT. E. REQUEST FOR AUTHORIZATION, TO EXCHANGE STIP/STP FUNDS FROM THE MONTEREY AVENUE WIDENING PROJECT (NO. 609-03) WITH THE SAME AMOUNT IN LOCAL AND/OR MEASURE "A" FUNDS FROM THE PORTOLAAVENUE INTERCHANGE PROJECT (NO. 637-02). Mr. Ortega reviewed the staff report, including the letter received from the Riverside County Transportation Commission, which advises the City that there would be a certain shortage of funds. Therefore, staff was proposing moving some funds around to better utilize those available. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 Responding to question, Mr. Greenwood stated there was no guarantee, but there was a better chance of getting the funding by approving the requested exchange. Councilman Crites moved to, by Minute Motion: 1) Authorize the transfer of up to $1,193,970 in local and/or Measure "A" funds from the 1-10 and Portola Interchange Project to the Monterey Avenue Widening Project; 2) authorize the transfer of $1,193,970 in STIP/STP funds from the Monterey Avenue Widening Project to the Portola Interchange Project. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. F. REQUEST FOR AWARD OF CONTRACT FOR ENGINEERING SERVICES FOR THE DINAH SHORE DRIVE AND PORTOLA AVENUE EXTENSION (CONTRACT NO. C21590, PROJECT NO. 617-02). Upon question by Mayor Pro Tempore Spiegel, Mr. Errante responded that northbound Portola would have six lanes to Dinah Shore, and Dinah Shore would have four lanes. Portola Avenue would end at Dinah Shore until such time as the interchange is done. Mayor Pro Tempore Spiegel moved to, by Minute Motion, award the subject contract to Dudek & Associates, Inc., Palm Desert, California, in the amount of $58,800 — funds are available in the Measure "A" Account No. 213-4365-433-4001; 2) authorize a 10% -- contingency for the project in the amount of $5,880; 3) authorize the Mayor to execute said agreement. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. G. REQUEST FOR APPROVAL OF THE REDEVELOPMENT AGENCY'S REIMBURSEMENT TO THE CITY FOR THE COST OF UNDERGROUNDING OVERHEAD UTILITIES (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega reviewed the staff report and offered to answer any questions. Mayor Pro Tempore/Vice Chairman Spiegel moved to: 1) Waive further reading and adopt City Council Resolution No. 03-94, approving payment by the Palm Desert Redevelopment Agency for the cost of the conversion of existing overhead electrical facilities to the underground locations along Magnesia Falls Drive; 2) waive further reading and adopt Redevelopment Agency Resolution No. 472, approving payment by the Agency for the cost of the conversion of existing overhead electrical facilities to underground locations along Magnesia Falls Drive; 3) by Minute Motion, appropriate $133,000 from the Agency's Unobligated Project Area No. 1 Capital Account to Account No. 850-4255-464-4001. Motion was seconded by Kelly and carried by a 3-1 vote, with Mayor/Chairman Benson voting NO and Councilman/Member Ferguson ABSENT. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 XV. CONTINUED BUSINESS A. ORDINANCE NO. 1041 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROHIBITING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (E.G. SEGWAY SEGWAY HUMAN TRANSPORTERS) (Continued from the meetings of May 22, and June 12, 2003). Mr. Ortega noted that this had been a subject of many postponements. He said the recommendation was to prohibit these types of devices. Mrs. Gilligan stated that at yesterday's meeting, the Public Safety Commission reviewed the ordinance and voted unanimously to recommend to the City Council that they be prohibited in the City of Palm Desert. Mayor Benson noted that she had a telephone call today from Tim Sullivan with some background information. Councilman Crites added that he had also spoken with Mr. Sullivan, who requested that this matter be postponed for a month. Mr. Sullivan indicated he was in contact with the inventor of the vehicle and wanted to work with him and be present at the next City Council meeting. Councilman Crites said he would ask that the Council continue the matter. He also noted the article in the Los Angeles Times which indicated that most cities are now trying to find places where these devices would be appropriate rather than having a blanket approval or denial. If the Council decides to postpone this matter, he would ask that staff look at the City of Pasadena and other cities where these devices have been approved for certain areas. He added that it was his understanding there were only two such devices in the City limits, so there is not an existing problem. He also noted there were sidewalks in the City limits right now where golf carts and bicycles are allowed to mingle with pedestrians. He said the City had done other kinds of innovative things, and he felt this was yet another example. He said there were no data to show a problem and no rationale for the acceptance of these devices. Mayor Pro Tempore Spiegel said he had also read the Los Angeles Times article and understood there were areas in the City of Pasadena where these types of devices are allowed. However, there were also other cities, such as Westwood, where they had been banned. Since the City's Public Safety Commission had unanimously voted to ban them in the City of Palm Desert, he felt the Council should go along with that recommendation. Councilman Kelly said he felt these conveyances were a hazard to people walking and said he would also like to ban skateboards on sidewalks as well. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 Councilman Crites noted that there was no traffic data to support the vehicles and no accident data around the State to support that issue. Mayor Benson said she felt Tim Sullivan was asking the Council to wait until it receives that data. Mayor Pro Tempore Spiegel moved to waive further reading and adopt Ordinance No. 1041. Motion was seconded by Kelly. With a 2-2 vote (Mayor Pro Tempore Spiegel and Councilman Kelly voting AYE; Mayor Benson and Councilman Crites voting NO; Councilman Ferguson ABSENT), NO ACTION WAS TAKEN ON THIS MATTER. Councilman Crites asked that staff look at this issue again in terms of data. He said he would like very detailed analysis of what issues the staff sees that from their perception justifies the recommendation to prohibit these devices. B. CONSIDERATION OF THE ENTRY GATES AND BRICK WALL AT 72-414 PARKVIEW DRIVE AS THE PUBLIC ART COMPONENT FOR THE DEVELOPMENT (Tim Bartlett, Applicant) (Continued from the meeting of June 12, 2003). Councilman Kelly moved to, by Minute Motion, concur with the Art In Public Places Commission to deny the entry gates and brick wall at 72-414 Parkview Drive as the public art component for the development. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. C. REQUEST FOR APPROVAL. OF AN AGREEMENT FOR COMPLETION OF A PHASE II INVESTMENT GRADE AUDIT (ENERGY USE) FOR CITY HALL AND THE DESERT WILLOW FACILITIES (CONTRACT NO. C21400) (Continued from the meeting of June 26, 2003). Councilman Kelly moved to, by Minute Motion, approve the subject agreement with Noresco, Inc., in an amount not to exceed $36,000 and authorize the Mayor to execute same. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. D. REQUEST FOR AUTHORIZATION, TO APPROPRIATE UNOBLIGATED MEASURE "A" FUNDS TO THE FRED WARING DRIVE IMPROVEMENT ACCOUNT (PROJECT NO. 651-99) (Continued from the meeting of June 26, 2003). Mayor Pro Tempore Spiegel moved to, by Minute Motion: 1) Appropriate $350,000 from the Fiscal Year 2002/03 Unobligated Measure "A" 213 Fund to the Fred Waring Drive Improvement Account, No. 213-4399-433-4001; 2) approve Change Order No. 2 in the amount of $198,307.59 to Contract No. C19690 with Riverside Construction Company, Riverside, California, for the Fred Waring Drive Improvements from Highway 111 to Fairhaven Drive; 3) authorize the transfer of remaining contingency funds to the base 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 contract and resulting purchase order for same. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF TRAFFIC SIGNAL AND STREET IMPROVEMENTS ON HIGHWAY 111 AT TOWN CENTER WAY (CONTRACT NO. C20910A, PROJECT NO. 635A-00). Responding to question, Mr. Errante said that local Measure "A" and traffic signal funds, as well as RCTC-Highway 111 Measure "A" funds were being utilized for this and the other Highway 111 projects. Further, he responded RCTC had set aside funds for each Highway 111 intersection; they will be participating in an amount up to $1.4 million for the portion within the right-of- way, the remainder of the funds being provided by the City. Councilman Crites stated that about a year ago, he had mentioned looking at different kinds of pedestrian signaling that lets people know how long they have to get across the street. It was considered too avant garde at the time, but staff was going to keep checking to see when it became acceptable. He asked if that was being done. Messrs. Errante and Greenwood responded that staff was looking at this. However, CalTrans was not approving it at this time; the Federal Highway Administration was actually closer to approving the device. They further affirmed that once approved, the countdown could be easily retrofitted into the signals. Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to Dateland Construction, Coachella, California, in the amount of $892,711.50; 2) approve a 10% contingency for the project in the amount of $89,271.15; 3) authorize the transfer of $200,000 of budget funds from the Monterey Avenue Freeway Loop Project Account to this project (Measure "A," Account No. 213-4362-433-4001); 4) authorize the Mayor to execute said contract. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. B. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF TRAFFIC SIGNAL AND STREET IMPROVEMENTS ON HIGHWAY 111 AT SAN LUIS REY (CONTRACT NO. C20910B, PROJECT NO. 635B-00). Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to Yeager Skanska, Inc., Riverside, California, in the amount of $958,090; 2) approve a 10% contingency for the project in the amount of $95,809; 3) authorize the Mayor to execute said contract. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 C. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF TRAFFIC SIGNAL AND STREET IMPROVEMENTS ON HIGHWAY 111 FROM CABRILLO TO HOSPITALITY (CONTRACT NO. C20910C, PROJECT NO. 635C-00). Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to Granite Construction Company of California, Inc., Indio, California, in the amount of $1,062,062; 2) approve a 10% contingency for the project in the amount of $106,206.20; 3) authorize the Mayor to execute said contract. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. D. REQUEST FOR AWARD OF CONTRACT FOR THE PORTOLA AVENUE WIDENING BETWEEN SAN MARINO CIRCLE AND EL CORTEZ WAY (CONTRACT NO. C20920A, PROJECT NO. 630A-99). Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to Yeager Skanska, Inc., Riverside, California, in the amount of $766,345.95; 2) approve a 10% contingency for the project in the amount of $76,634.59; 3) authorize the transfer of budget funds in the amount of $200,000 from the Monterey Avenue Freeway Loop Project Account to this project (Measure "A," Account No. 213-4539-433-4001); 4) authorize the Mayor to execute said contract. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. E. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE PORTOLA AVENUE WIDENING BLOCK WALL (CONTRACT NO. C20920B, PROJECT NO. 630B-99). Mr. Ortega noted that no bids had been received for this project; however, staff wished to make an alternative recommendation that Council authorize staff to negotiate a contract for the construction of this project. He reviewed the recommendation. Mayor Pro Tempore Spiegel moved to, by Minute Motion: 1) Make a finding that no bids were received for the subject project; therefore, authorize staff to negotiate a contract with 4-Con Engineering, Inc., Fontana, California, in an amount not to exceed $135,000; 2) approve a 10% contingency for the project; 3) authorize the Mayor to execute said contract. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. F. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF STORM DRAIN IMPROVEMENTS AT SAGEWOOD AND COUNTRY CLUB DRIVE (CONTRACT NO. C21070, PROJECT NO. 604-02). Councilman Crites moved to, by Minute Motion: 1) Award the subject contract to James A. Shirley Construction, Yucca Valley, California, in the amount of $693,770; 2) approve a 10% contingency for the project in the amount of $69,377; 3) authorize the 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 Mayor to execute said contract; 4) appropriate $178,000 from the Unobligated Drainage Fund 232 to Account No. 232-4370-433-4001 for this project. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. G. CONSIDERATION OF PROPOSAL FOR CHILD CARE DEVELOPMENT FEE NEXUS STUDY (CONTRACT NO. C21600). Mr. Drell reviewed the staff report and recommendation. Councilman Crites moved to, by Minute Motion, authorize the Mayor to execute a contract with Brion & Associates, Oakland, California, for a Child Care Nexus Study, identified in the scope of work, in an amount not to exceed $29,730 and appropriate funds for same from Unobligated Reserves. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL TO AN ORDER TO ABATE A PUBLIC NUISANCE FOR THE DETACHED STRUCTURE LOCATED AT 73-413 TERRAZA DRIVE (Randy L. Rosten, Appellant). Code Compliance Manager Hart Ponder reviewed the staff report and recommendation. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no public testimony offered, she declared the public hearing closed. Councilman Crites moved to, by Minute Motion, make a determination and finding that the detached structure located at 73-413 Terraza Drive is a prohibited use and a public nuisance pursuant to Palm Desert Municipal Code Section 8.20.020, and that the detached structure shall be removed within five days. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. B. CONSIDERATION OF PROPOSED RESOLUTION OF NECESSITY— FOR CONDEMNATION AS PART OF MAGNESIA FALLS DRIVE BRIDGE AND STREET IMPROVEMENTS (CITY PROJECT NO. 648-99). Mr. Ortega noted that Council had previously authorized staff to negotiate, but those negotiations had been unsuccessful. The property owner had been notified of this public hearing. He said there were some specific findings that needed to be made which were included in the staff report. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no public testimony offered, she declared the public hearing closed. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 Mr. Erwin asked that the motion incorporate the staff report and all appropriate findings included therein. Upon question by Mayor Benson, He responded that this would require all four Councilmembers to vote affirmatively in order to pass. Mayor Pro Tempore Spiegel moved to waive further reading and adopt Resolution No. 03-95, declaring that the acquisition of certain real property, 43-155 Portola Avenue - Unit No. 7, by Eminent Domain is necessary for the widening of Magnesia Falls Drive, and for the installation of public improvements, including a sound wall. Motion was seconded by Kelly. With a 2-2 vote (Mayor Pro Tempore Spiegel and Councilman Kelly voting AYE; Mayor Benson and Councilman Crites voting NO; Councilman Ferguson ABSENT), the motion FAILED. C. REQUEST FOR APPROVAL, OF THE CONVEYANCE OF TWO RESIDENTIAL LOTS TO HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., AND APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT AND REGULATORY AGREEMENTS REGARDING SAME. Senior Management Analyst Janet Moore reviewed the staff report and offered to answer any questions. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no public testimony offered, she declared the public hearing closed. Mayor Pro Tempore Spiegel moved to: 1) Waive further reading and adopt Resolution No. 03-96, approving the conveyance of certain real property located on Goleta Avenue and more particularly described as Parcels 1 and 2 of Tentative Parcel Map No. 31262, being a subdivision of Lots 111, 113, and 115 of Palm Village Garden Tract, as shown on a map filed in Book 21, pages 56 and 57 of maps in the Office of the Riverside County Recorder, to Habitat for Humanity of the Coachella Valley, Inc., for the purpose of constructing two, single-family dwellings to be made available to families of very low income; 2) by Minute Motion, approve the Disposition and Development Agreement by and between the City of Palm Desert and Habitat for Humanity dated July 10, 2003, and authorize the Mayor to execute same; 3) by Minute Motion, approve the Regulatory Agreements between the City of Palm Desert and Habitat for Humanity, restricting the sale of the residence to be constructed by persons or families of very low income, and authorize the Mayor to execute same. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 XVIII. REPORTS AND REMARKS A. CITY MANAGER Councilman Crites moved to add the following item to the Agenda. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. 1. REQUEST FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR VISIT TO UTILITY DISTRICT IN PHOENIX, ARIZONA. Mayor Pro Tempore Spiegel moved to, by Minute Motion: 1) Ratify subject out-of- state travel made by Councilman Kelly, City Manager Ortega, and Director of Special Programs Robert Kohn on July 2-3, 2003; 2) approve future out-of-state travel for Councilman Crites to visit the same site. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. B. CITY ATTORNEY None C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Councilman Crites asked staff to review the potential for adding to the City's various highway guide signs information about the Santa Rosa San Jacinto Mountains National Monument Information Center on Highway 74. Councilmembers concurred. 2. Councilman Crites asked for a highway guide sign to be installed along Highway 74, approximately one-half mile beyond the curve towards the mountainous area, where the old road comes off of Highway 74 (on City's land), announcing that the National Monument Information Center is ahead, as well as in the future adding that the City's Visitor Information Center is four miles ahead, Civic Center ahead, etc. Councilmembers concurred. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 10, 2003 o City Council Committee Reports: None o City Council Comments: None XIX. ADJOURNMENT Mayor Pro Tempore Spiegel moved to adjourn the meeting at 5:22 p.m. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. ATTEST: RA HELLE D. KLASSEN, CITY CLERK' CITY OF PALM DESERT, CALIFORNIA ,Q4( ,IN -r✓ M. BENSON, MAYOR 19