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HomeMy WebLinkAbout2004-03-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 11, 2004 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:01 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Buford A. Crites Councilman Richard S. Kelly Mayor Robert A. Spiegel 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 Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing Michael J. Errante, Director of Public Works Robert P. Kohn, Director of Special Programs III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2004 1) Property: Lease Property - Parkview Professional Office Complex, 73-710/720 Fred Waring Drive, Suites 200A & 201 Negotiating Parties: Agency: Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: University of California, Riverside Under Negotiation: x Price x Terms of Payment 2) Property: NEC Gerald Ford Drive/Portola Avenue Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: American Realty Trust Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 With Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session at 3:02 p.m. He reconvened the meeting at 4:02 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Mayor Robert A. Spiegel VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B MR. STAN FORD, General Manager of the Coachella Valley Recreation & Park District (CVR&PD), presented the City Council with a report on the recent Palm Desert Games (Senior Games) hosted by CVR&PD (received by the City Clerk, now on file and of record). Of particular interest was that there were almost 1,000 participants this year. He said because of that fact, they had already made arrangements to conduct an economic impact study next year to get an idea of what the Games mean to the area. Secondly, with respect to today's Consent Calendar Item N (Revised Monitoring at the Skate Park), he reported that at its meeting last night, the District Board expressed that it was not interested in accepting the additional liability that will come with the proposed schedule. Therefore, the Board voted to amend the agreement to exclude monitoring of the Skate Park. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2004 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE ROBERT ROYER FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS PARKS & RECREATION COMMISSION. Mr. Royer was unable to be present today; his presentation will be rescheduled for the meeting of March 25. B. PRESENTATION TO RECOGNIZE KATHY STRONG FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS SISTER CITIES COMMITTEE. Ms. Strong was unable to be present at today's meeting. C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE. Mayor Spiegel and Mr. Ortega recognized Robert Kohn and Jason Finley for their outstanding service. D. PRESENTATION OF "ENERGY CHAMPION" RECOGNITION. On behalf of the City Council, Mayor Spiegel presented a framed proclamation to California Energy Coalition Marketing & Promotion Director Virginia Nichols. Mayor Spiegel commented that Palm Desert's Energy Champions were residents and businesses who participated in a program sponsored jointly by the City of Palm Desert and the Energy Coalition to implement smart energy management improvements. MS. NICHOLS said about 70 demonstration small businesses were "tuned - up," and the project had also gone into well over a thousand residential apartments and mobile homes, which will represent savings of hundreds of thousands of dollars just on what has been done so far. She recognized some of the Energy Champions able to be present today: Sylvia Boorom of Palm Desert Country Village; Ira Boiko, Boiko Realty; Margie Brugueras & Rafael Brugueras, Ace & Sons, Inc.; and Mike Rover, Rover Law Firm. Additionally, she recognized City staff members: Director of Special Programs Bob Kohn, who has been team leader for the Six Cities Energy Project, Development Manager Lauri Aylaian, and Special Projects Administrator Patrick Conlon, who both participated by working with the Project on some City programs —energy -efficient design for the new Visitor Information Center and for installation of photovoltaic panels, respectively. She also thanked City Manager Carlos Ortega for his participation and support of all the activities. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2004 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 26, 2004. Rec: Approve as presented. B-1. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 173, 174, 178, 181, and 184. Rec: Approve as presented. B-2. CLAIM AGAINST THE CITY (#497A1 by Dennis Lock in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. C. CITY'S/AGENCY'S PORTFOLIO MANAGEMENT SUMMARIES. for January 2004 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. MINUTES of City Committee and Commission Meetings. 1. Art In Public Places Commission Meeting of December 17, 2003. 2. Housing Commission Meeting of January 14, 2004. Rec: Receive and file. E. RESIGNATION from Robert Rose from the Technology Committee. Rec: Receive with very sincere regret. F. REQUEST FOR AWARD OF CONTRACT, for Traffic Signal Maintenance Support (Contract No. C2228Q). Rec: By Minute Motion, award the subject contract to Team Econolite Traffic Engineering and Maintenance, Inc., Anaheim, California, in an amount not to exceed $30,873.60 — funds are available in Account No. 110-4250-433-3325. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2004 G. REQUEST FOR APPROVAL. of Additional Funds for El Paseo Business Improvement District and Related Advertising Contract Amendment. Rec: By Minute Motion: 1) Appropriate the sum of $40,000 to the El Paseo Business Improvement District Account No. 271-4491-464-3215; 2) amend Contract No. C21050 between the City of Palm Desert and Stephanie D. Greene d.b.a. Creative i Group by $10,000. H. REQUEST FOR ACCEPTANCE OF WORK for Renovation of the Palm Desert Civic Center Administration Building - Community Services Wing. Rec: By Minute Motion, accept as complete: 1) Construction of the project by Doug Wall Construction, Inc., Bermuda Dunes, California — Contract No. C20880 — and authorize the City Clerk to file a Notice of Completion for same; 2) furnishings for the project by Seal Furniture and Systems of San Diego, California — Contract No. C20880A. REQUEST FOR AUTHORIZATION to Reduce the Amount of Retention Held from Contract No. C20650 — Construction of the Silver Spur Ranch Undergrounding Assessment District No. 01-01. Rec: By Minute Motion, authorize a reduction in the amount of retention held from the subject contract with J. Fletcher Creamer and Son., Inc., Sylmar, California, from 10% to 5%. J. REQUEST FOR APPROVAL of a One -Year Lease Agreement with Friends of the Desert Mountains at the Portola Community Center (Contract No. C22460). Rec: By Minute Motion, authorize the Mayor to execute a one-year Lease Agreement with Friends of the Desert Mountains for the period of March 1, 2004, to February 28, 2005, at a cost of $2,340 per year for Office Space No. 3 within the Portola Community Center; 2) ratify staffs approval to allow the organization to occupy said office space as of March 1, 2004. K. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract 30269 (Santa Monica 3 Developers, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security to Santa Monica 3 Developers, LLC, and accept the accompanying one-year maintenance bond for Tract 30269. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2004 L. REQUEST FOR AUTHORIZATION to Execute a Grant Deed for Additional Street Right -of -Way Dedication Along Catalina Way. Rec: By Minute Motion, authorize the Mayor to execute a Grant Deed for additional street right-of-way dedication located along Catalina Way on the Joslyn Senior Center Parcel. M. REQUEST FOR APPROVAL of Reciprocal Easement Agreement in the Palm Desert Soccer Park (Contract No. C22470). Rec: By Minute Motion, approve the subject Reciprocal Easement Agreement between Crown Gibralter Graphics Center, Inc., Entravision Communications Corporation, Frank G. Matranga and Morrine D. Matranga, and the City of Palm Desert. N. REQUEST FOR APPROVAL of Revised Full-time Monitoring Hours at the Palm Desert Skate Park. Rec: By Minute Motion, approve a revised full-time monitoring schedule at the Palm Desert Skate Park to Monday - Friday, 3:00 p.m. to 10:00 p.m. and weekends, with Park Patrol conducting random checks during non -peak hours (Monday - Friday, 6:00 a.m. to 3:00 p.m.). O. REQUEST FOR AUTHORIZATION, to Solicit Proposals for Recycling Consulting Services (Contract No. C22480). Rec: By Minute Motion, authorize staff to advertise the subject Request for Proposals (RFP) for consulting services to conduct a recycling participation and set -out survey of residential neighborhoods in the City of Palm Desert. P. CONSIDERATION of Request for Police Substation at the Proposed WalMart. Rec: By Minute Motion, concur with the recommendation of the Public Safety Commission and direct staff to negotiate for a Police Substation with the developer of the proposed WalMart. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2004 Q. REQUEST FOR APPROVAL. of Participation in a Ceremony to Recognize Donation of Equipment and Materials in Ixtapa-Zihuatanejo, Mexico. Rec: By Minute Motion: 1) Approve the subject request for participation in the Donation Ceremony; 2) approve travel to Ixtapa-Zihuatanejo by two members of the City Council, two members of the Sister Cities Committee, a representative of Eisenhower Medical Center, staff liaison to the Sister Cities Committee, and the City Manager; 3) approve payment of the Sister Cities members and Eisenhower Medical Center travel expenses from Account No. 110-4110-410-3121, funding for the City Council representatives and City Manager to be allocated from their respective travel budgets. R-1. CONSIDERATION of Action Taken by the Legislative Review Committee — AB1874 (Cohn) — Telecommunications. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 17, 2004, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB1874 (Cohn). R-2. CONSIDERATION of Action Taken by the Legislative Review Committee — AB1887 (Nakanishi) — Motor Fuel Advertising. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 17, 2004, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB1887 (Nakanishi) S. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies 2. Report on Massage Ordinance Upon motion by Kelly, second by Benson, the Consent Calendar was approved as presented by a 4-0 vote, with Councilman Ferguson ABSENT. XI. CONSENT ITEMS HELD OVER None 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2004 XII. RESOLUTIONS A. RESOLUTION NO. 04-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING ACQUISITION OF THE 8,881-ACRE CATHTON PROPERTY TO BENEFIT THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN. Mayor Pro Tem Crites moved to waive further reading and adopt Resolution No. 04-19. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1061 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 27.12.190 OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO ESTABLISHING PAD HEIGHT CERTIFICATIONS. Councilman Kelly moved to waive further reading and adopt Ordinance No. 1061. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. B. ORDINANCE NO. 1062 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 3 OF THE PALM DESERT REDEVELOPMENT AGENCY. Councilman Kelly moved to waive further reading and adopt Ordinance No. 1062. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Ferguson ABSENT. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2004 C. ORDINANCE NO. 1063 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 4 OF THE PALM DESERT REDEVELOPMENT AGENCY. Councilmember Benson moved to waive further reading and adopt Ordinance No. 1063. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF A CONTRACT WITH GRAEME BAXTER FOR THE COMMISSION OF AN OIL PAINTING OF THE DESERT WILLOW GOLF RESORT (CONTRACT NO. C22490). Mr. Ortega noted the staff report and recommendation in the packets. Councilman Kelly moved to, by Minute Motion, approve the subject request in an amount not to exceed $75,000 from the Desert Willow Capital Improvement Fund, and direct the City Attorney to prepare a final contract with Graeme Baxter. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. Responding to questions, Mr. Baxter stated the view would probably be from the 18' with the Clubhouse and mountains in the background. He said now that the Council had approved the commission, he would be taking several photographs, which would be submitted for approval. The painting would be of a size 30 x 46 and would take him about a month and a half to two months to finish, followed by a run of limited edition prints, which the Club will have for sale and can use as tee prizes. He estimated three or four months' time to complete the project. XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF AGREEMENT WITH CITY OF RANCHO MIRAGE FOR PREPARATION OF THE MONTEREY AVENUE CORRIDOR STUDY (CONTRACT NO. C22400) (Continued from the meeting of February 26, 2004). Mr. Errante asked that this item be withdrawn from consideration at this time. He noted that the City of Rancho Mirage would be incorporating this into their General Plan; therefore, there was no contract to participate in. Upon question by Mayor Spiegel, he responded that the City of Rancho Mirage was planning to award a contract on March 18th, and staff felt it would take approximately 12 months to complete the General Plan. Upon question by Councilman Kelly, he stated that Urban Crossroads would be contracted to 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2004 do part of that General Plan, and the City of Palm Desert would have a chance to review their elements, as they did Palm Desert's. Councilmember Benson asked whether Palm Desert could send a letter to Rancho Mirage and ask if they can move this portion up further in the negotiations because of the building that will be taking place along that corridor. Mr. Errante responded that staff could request they expedite it, although he was not sure how well Palm Desert could move along Rancho Mirage's General Plan process. Mayor Spiegel asked if the Palm Desert side could be done without Rancho Mirage doing its side, and Mr. Errante responded that it could be done and that Palm Desert was not planning to slow anything up on its side. Staff requested this item be withdrawn from consideration. No action was, therefore, required or taken. XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C20650 — CONSTRUCTION OF THE SILVER SPUR RANCH UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 01-01 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Conlon noted the staff report and recommendation in the packets and offered to answer any questions. Councilman Kelly moved to, by Minute Motion: 1) Approve Change Order Nos. 1 and 1A in the total amount of $136,491 to the subject contract with J. Fletcher Creamer and Son, Inc., Sylmar, California, for additional work necessary for the Silver Spur Ranch Utility Undergrounding Assessment District No. 01-01 and authorize the Mayor/Chairman to execute same; 2) authorize the Director of Finance to appropriate $30,768 from Unobligated Project Area No. 1 funds to base contract in Account No. 850-4256-464-4001; 3) authorize the Director of Finance to transfer $77,108 from project contingency to base contract in Account No. 850-4256-464-4001; 4) authorize the Director of Finance to transfer $28,615 from project contingency to base contract in Account No. 466-4350-433-4001. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XVII. PUBLIC HEARINGS None 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2004 XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK 1. Reminder to Adjourn this Meeting to Monday, March 15, 2004, at 10:00 a.m. for the Continued General Plan Public Hearing. Mrs. Klassen reminded Council to adjourn this meeting to Monday, March 15, 2004, at 10:00 a.m. for the Continued General Plan Public Hearing. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Recvclina Study — Mayor Pro Tem Crites said he recently learned that there was no effective program for recycling at either the Portola Community Center nor the Parkview Professional Office Complex. Additionally, he provided a copy of an article from Sunday's Press -Enterprise that noted Californians threw away 100 million water bottles per month, with less than 20% of them being recycled. He felt these facts presented excellent opportunities for improvement to be identified in the Recycling Study. o City Council Committee Reports: None o City Council Comments: None 1. City Council Liaison Reports. None 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2004 XIX. ADJOURNMENT Councilman Kelly moved to adjourn the meeting at4:37 p.m. to Monday, March 15, 2004, at 10:00 a.m. for the continued General Plan Amendment public hearing. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. ATTEST: CHELLE D. KLASSENN, CITY CLERk CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL(IIAYOR 12