HomeMy WebLinkAbout2004-05-27MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MAY 27, 2004
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Pro Tem Crites convened the meeting at 3:02 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Jim Ferguson
Councilman Richard S. Kelly
Mayor Pro Tem Buford A. Crites
Excused Absence:
Mayor Robert A. Spiegel
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
Mark D. Greenwood, City Engineer
Amir Hamidzadeh, Director of Building & Safety
Philip Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Teresa L. La Rocca, Director of Housing
Michael J. Errante, Director of Public Works
David Yrigoyen, Director of Redevelopment
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 Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004
a) City of Palm Desert v. Sohail Mull and Donna Meritt, Individually, and
Doing Business As Tribal Touch Rugs and More, Riverside County
Superior Court Case No. INC 041761
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 Pro Tem Crites adjourned the meeting to Closed
Session at 3:03 p.m. He reconvened the meeting at 4:01 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson
VII. INVOCATION - Councilman Richard S. Kelly
VIII. ORAL COMMUNICATIONS - B
None
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF SERVICE AWARDS FOR CITIZENS ON PATROL
(COPS) VOLUNTEERS.
On behalf of the City Council, Mayor Pro Tem Crites presented certificates
recognizing the following COPS Volunteers present at this meeting for their
hours of service during the past year: Larry Schoncite (52 hours);
Jim Boling (62 hours); Joe Marmo (67 hours); June Boyle (69 hours);
Gary Ordway (74 hours); John Fanning (75 hours); Marvin Schurgin
(90 hours).
B. PRESENTATION TO RECOGNIZE MARJORIE GOFFINEY FOR HER
SERVICE TO THE CITY OF PALM DESERT AND THE PALM DESERT
REDEVELOPMENT AGENCY AS A MEMBER OF THE CITIZENS'
ADVISORY COMMITTEE FOR PROJECT AREA NO. 4.
On behalf of the City Council, Mayor Pro Tem Crites presented Ms. Goffiney
with an engraved crystal clock, thanking Ms. Goffiney for her service to the
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004
City, Redevelopment Agency, and the Citizens' Advisory Committee for
Project Area No. 4
Ms. Goffiney expressed her appreciation to the City for the interest shown in
and the support given its various advisory bodies.
C. PRESENTATION TO THE CITY COUNCIL BY STUDENTS FROM
PALM DESERT MIDDLE SCHOOL AND THE AFTER SCHOOL PROGRAM.
Palm Desert Middle School Principal Maureen Thompson addressed the
City Council to thank the City for its strong support of Palm Desert Middle
School (PDMS) and all Palm Desert schools in the Desert Sands Unified
School District. She made particular note of the City -sponsored academic
After School Program and of the support the City provides with its matching
funds program for the Parent-Teacher Organization (PTO). She introduced
the nationally recognized PDMS Cheerleaders and their coach,
Michelle Walker, and the Cheerleaders presented a routine to the
City Council and audience.
President of the PDMS-PTO also expressed appreciation to the City Council
for its continued financial support. She noted they were able to purchase
enough textbooks for every classroom, which allowed students not to have
to carry their books back and forth to school —the set provided by the District
could be left at home. She said they'd also added a misting system to the
lunch area to keep it more comfortable for students; new books
were obtained for their library, as well as classroom equipment that
teachers were able to use in their curriculums.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of May 13, 2004.
Rec: By Minute Motion, continue to the meeting of June 10, 2004.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 221, 225, 226, 229, and 230.
Rec: Approve as presented.
C. MINUTES OF CITY COMMITTEE AND COMMISSION MEETINGS.
1. Housing Commission Meeting of April 14, 2004.
2. Public Safety Commission Meeting of April 14, 2004.
Rec: Receive and file.
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D. LETTER OF RESIGNATION from Marjorie Goffiney — Citizens' Advisory
Committee for Project Area No. 4.
Rec: Receive with very sincere regret.
E. REQUEST FOR AUTHORIZATION to Contract for a Security System at the
Desert Willow Golf Academy (Temporary Clubhouse Facility) and
Maintenance Yard (Contract No. C22780).
Rec: By Minute Motion, authorize: 1) Staff to negotiate a contract with SSD
Systems, Inc., Palm Desert, California, in the amount of $20,454.10
to provide a security camera system at the Temporary Clubhouse
Facility and Maintenance Yard; 2) appropriation of said funds from
Account No. 241-4195-495-8092.
F REQUEST FOR AUTHORIZATION, to Reject Bids Obtained for the
Renovation of the Mesa View Fire Station - No. 67 (Contract No. C20580D).
Rec: By Minute Motion: 1) Reject all bids for the addition to and remodel of
the Mesa View Fire Station - No. 67; 2) direct staff to work with
Urrutia Architects and the California Department of Forestry and Fire
Protection (CDF) to redefine project scope; 3) upon redefining project
scope, authorize the City Clerk to re -advertise the project for public
bids.
G. REQUEST FOR AWARD OF CONTRACT for Land Surveying Services for
Capital Improvement Projects (Contract No. C22790).
Rec: By Minute Motion, award the subject contract to RBF Consulting, Inc.,
Palm Desert, California, in the amount of $19,877 — funds are
available in various Capital Improvement Budget project accounts.
H. REQUEST FOR ACCEPTANCE OF WORK. for Contract
No. C20910B — Construction of the Street Improvements at Highway 111
and San Luis Rey (Project No. 635B-00) (Yeager Skanska, Inc., Riverside,
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.
REQUEST FOR WAIVER, of Drainage Fees for Tract 30438 (Stone Eagle
Development, Applicant).
Rec: By Minute Motion, approve the subject request and waive drainage
fees associated with the Stone Eagle Development, Tract 30438.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004
J. REQUEST FOR APPROVAL of Final Tract Map No. 30706
(Portola Pointe, LLC, Applicant).
Rec: Waive further reading and adopt Resolution No. 04-45, approving the
Final Subdivision Map of Tract No. 30706 and approving the
Agreement relating thereto.
K. REQUEST FOR APPROVAL of Final Tract Map No. 31377
(Centennial Homes, Applicant).
Rec: Waive further reading and adopt Resolution No. 04-46, approving the
Final Subdivision Map of Tract No. 31377 and approving the
Agreement relating thereto.
L. REQUEST FOR RATIFICATION of Staff's Submittal of the FY 2004/05
City/County Beverage Container Funding Request for the Civic Center Park
Recycling Program.
Rec: By Minute Motion: 1) Ratify staff's submittal of the subject City/County
Funding Request for FY 2004/05 to the Department of Conservation
in the amount of $12,187.00; 2) authorize the expenditure of funds in
the amount of $21,911.75 towards the Civic Center Park Recycling
Program from Account No. 236-4195-454-3090.
M. REQUEST FOR AUTHORIZATION to Submit Application for the Used Oil
Recycling Block Grant, FY 2004/05 (10th Cycle).
Rec: By Minute Motion, authorize: 1) Assistant City Manager for
Community Services Sheila R. Gilligan to sign and submit application
for the Used Oil Recycling Block Grant, FY 2004/05 (10th Cycle);
2) appropriation and expenditure of funds in the amount of $13,322
from the Unobligated Recycling Fund, Account
No. 236-4195-454-3090.
N. REQUEST FOR APPROVAL of Out -of -State Travel for the Annual
Americans for the Arts Convention Preconference "Civic Catalyst."
Rec: By Minute Motion, approve out-of-state travel for the Public Art
Coordinator to attend the subject Preconference for the
2004 Americans for the Arts Public Art Convention in Washington,
D.C., July 14-17, 2004 — funds are available in Account
No. 436-4650-454-3120.
O. INFORMATIONAL ITEMS:
1. Status of Improvements on Grapevine Street
2. Report of Traffic Volumes on Magnesia Falls Drive
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004
Upon motion by Benson, second by Kelly, the Consent Calendar was approved as
presented by a 4-0 vote, with Mayor Spiegel ABSENT.
XI. CONSENT ITEMS HELD OVER
None
XII. RESOLUTIONS
None
XIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1065 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE
NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE
FROM PR-5 TO PR-13 FOR 25 ± ACRES ON THE NORTH SIDE OF
GERALD FORD DRIVE, 636 FEET EAST OF MONTEREY AVENUE
Case No. C/Z 03-04 (Sares Regis Group c/o Greg Albert, Applicant).
Councilmember Benson moved to waive further reading and adopt Ordinance
No. 1065. Motion was seconded by Ferguson.
Councilman Ferguson stated there was a lot of discussion about what criteria
needed to be met in order to get the high density bonus in the North Sphere.
He felt one of the criteria overlooked was energy efficiency, and he was
specifically referring to the City's Community Energy Efficiency Program. He
said the City had not had a developer participate in that program yet, and he
had asked Mr. Drell to check with the party to the development agreement
to see if, since he is the model for the bonus, he would be willing as a
condition in his development agreement to participate in that program. In
essence, it gives them certified HVAC system for energy efficiency, they
have to score better than 87% on the California Home Efficiency rating
system, they have to meet the height and duct requirements of the California
Energy Commission and then have a HERS inspection and diagnostic
evaluation. In exchange, the City will provide certain nonmonetary benefits.
He said he would like to add that as one of the items that would help the
developer get the high density bonus and use this particular applicant as the
model. He said he would like to put this into the development agreement; if
there is significant adverse impact to the applicant, he can come back and
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004
talk to the Council about it, and the City will work with him to mitigate some
of that impact.
Upon question by Mayor Pro Tem Crites, the applicant indicated this was
acceptable to him.
Councilman Ferguson requested an amendment/addition to the motion as follows:
Approve development of a Memorandum of Understanding (MOU) between the City and
the Applicant, which will outline the Applicant's intent to participate, to the greatest extent
possible, in the City's Community Energy Efficiency Program for the subject project, and
that the City will be receptive to the Applicant returning to seek City participation should it
be found that costs are prohibitive for implementing said program. Councilman Kelly
seconded the amendment, and the motion carried by a 4-0 vote, with Mayor Spiegel
ABSENT.
Mayor Pro Tem Crites called for a vote on the motion to adopt Ordinance No. 1065.
Motion carried by a 4-0 vote, with Mayor Spiegel ABSENT.
B. ORDINANCE NO. 1066 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AGREEMENT RELATING TO THE DEVELOPMENT AND ONGOING
OPERATION OFA320-UNIT APARTMENT/CONDOMINIUM PROJECT ON
THE NORTH SIDE OF GERALD FORD DRIVE BETWEEN
MONTEREY AVENUE AND PORTOLA AVENUE,
73-240 GERALD FORD DRIVE Case No. DA 03-02 (Sares Regis Group
c/o Greg Albert, Applicant).
Mr. Drell stated it was his understanding there were a few technical details
that had to be resolved with the Housing Authority, and it was his
understanding those had all been done and an agreement had been
executed by the applicant as submitted by the Housing Authority.
Councilman Ferguson moved to waive further reading and adopt Ordinance
No. 1066. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Spiegel
ABSENT.
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF THE ANNUAL GRASS SEED PURCHASE.
Councilman Kelly moved to, by Minute Motion, approve of the purchase of 314,800
pounds of grass seed from Simplot Partners, Palm Desert, California, in the amount of
$252,403.84 (includes sales tax and shipping) — funds are available in Account
Nos. 110-4610-453-2190, 110-4611-453-3370, and 110-4611-453-3371. Motion was
seconded by Ferguson and carried by a 4-0 vote, with Mayor Spiegel ABSENT.
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B. REQUEST FOR AWARD OF CONTRACT FOR THE 2004 RESURFACING
PROJECT (CONTRACT NO. C22450, PROJECT NO. 752-04).
Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to
Granite Construction Company, Inc., Indio, California, in the amount of $2,226,203.00 —
funds are available in the Traffic Fund, Measure "A" funds, and the 2004 Resurfacing
Fund; 2) authorize a 10% contingency for the contract in the amount of $222,620.30;
3) appropriate $75,000.00 from Unobligated Measure "A" funds to Account
No. 213-4342-433-4001 for the Highway 111 at San Pablo Avenue Median Improvement
Project (No. 665-02); 4) appropriate $71,000.00 from Unobligated Measure "A" funds to
Account No. 213-4613-433-4001 for the Monterey Avenue/Park View Drive (College of the
Desert) Project (No. 665-02); 5) authorize the Mayor to execute said contract. Motion was
seconded by Ferguson and carried by a 4-0 vote, with Mayor Spiegel ABSENT.
Upon question by Mr. Erwin, Councilman Ferguson responded that he had
not represented Granite Construction Company for approximately six years.
C. REQUEST FOR AWARD OF CONTRACT FOR THE 2004 CURB, GUTTER,
AND CROSS GUTTER REPAIR PROGRAM (CONTRACT NO. C22620).
Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to
NPG Corporation, Perris, California, in the amount of $239,665.10 and authorize the Mayor
to execute same; 2) authorize a 10% contingency of $23,966.51 for the project — funds are
available in various Curb and Gutter, Cross Gutter, and Sidewalk accounts. Motion was
seconded by Ferguson and carried by a 4-0 vote, with Mayor Spiegel ABSENT.
D. REQUEST FOR AWARD OF CONTRACT FOR PROJECT MANAGEMENT
OF THE CORPORATION YARD EXPANSION (PROJECT NO. 715-00) AND
THE IRRIGATION PUMP STATION AT CIVIC CENTER PARK (PROJECT
NO. 720-01) (CONTRACT NO. C22800).
Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to
Harris & Associates, Irvine, California, in the amount of $169,000; 2) authorize a 10%
contingency for the contract in the amount of $16,900; 3) authorize the Mayor to execute
said contract — funds are available in the Civic Center Well Site and Corporation Yard
accounts. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Spiegel
ABSENT.
XV. CONTINUED BUSINESS
None
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004
XVI. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE
SAN GORGONIO SIDEWALK (CONTRACT NO. C21970, PROJECT
NO. 692-03).
Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to
Contreras Construction Company, Indio, California, in the amount of $146,235.50;
2) authorize a 10% contingency for the project in the amount of $14,623.55; 3) authorize
the Mayor to execute said contract — funds are available in Account
No. 400-4616-433-4001. Motion was seconded by Ferguson and carried by a 4-0 vote,
with Mayor Spiegel ABSENT.
B. REQUEST FOR AWARD OF CONTRACT FOR THE CONSTRUCTION OF
INTERSECTION IMPROVEMENTS FORAZTEC ROAD AT COOK STREET
(CONTRACT NO. C22100, PROJECT NO. 602-02).
Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract
to Granite Construction Company, Inc., Indio, California, in the amount of $538,777.00,
contingent upon approval of the cost sharing Memorandum of Understanding (MOU)
between the City of Palm Desert and Desert Sands Unified School District, and authorize
the Mayor to execute same thereafter; 2) authorize a 10% contingency for the project in
the amount of $53,877.70; 3) establish shared cost amounts with Desert Sands Unified
School District; 4) authorize staff to purchase the associated traffic signal equipment from
Econolite, Anaheim, California.
MS. BECKY HUDSON, 73-147 Santa Fe Trail, Palm Desert, said two of her
children had graduated from Palm Desert High School, one was currently a
student there, and she one child attending Palm Desert Middle School. She
said she was very concerned for the safety of students crossing that street
and understood the City was trying to rectify that problem. She had
concerns that the suggested solution might not be the best. She said in
talking to a lot of students, it was her understanding Aztec Road would be
moved a little further north on Cook Street, and she felt a lot of students
would not take the time to walk down and then walk back up. Students who
would primarily be using that pedestrian crosswalk would be those students
who live in Palm Lake Village, Waring Place, or Desert Rose.
City Engineer Mark Greenwood stated that Aztec Road has been located
where it is because there was a court finding that does not allow the High
School to access Fred Smith and Santa Fe, which is the road that enters the
north edge of Waring Court. He said there was a need to develop additional
access for the High School; along with that need, the City felt it would be
better to provide a signalized crossing at the new location and help the
students cross the road. He said he understood the concern that the
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students may not initially choose to cross at the new signal, but some
enforcement and good signing will have to be applied.
Councilman Kelly said human nature was such that people are going to take
the easiest route to get where they want to go, and he understood the
concern that students might not use the new crossing. He felt there might
be a lot more use for a bridge at this location rather than from the University
to the University Village, and he felt something should be done to solve the
problem as a safety factor.
Mr. Greenwood stated another choice would be to leave the existing
crosswalk where it is and let the students cross at either the new signalized
crossing and the Fred Smith crossing and the signalized crossing at Fred
Waring. Upon question by Councilman Kelly as to whether that would be a
satisfactory solution from a traffic standpoint to have three crossings that
close, Mr. Greenwood responded that staff was hoping to get rid of that
uncontrolled crossing across a major arterial. However, if that crossing is
removed and the students continue to follow their old habits, that would
probably be a greater concern. The plan right now is to remove the
crosswalk and install pedestrian barricades so students have to physically
walk around a barricade that says "no pedestrian crossing."
Councilman Kelly asked what would happen if there was no gate there from
the school. Mr. Greenwood responded that it would help; however, it was his
understanding they needed that gate for the school bus access.
Mayor Pro Tem Crites asked whether the School District had a point of view
on this matter. Mr. Greenwood responded that the School District had never
expressed a point of view on it. Mayor Pro Tem Crites suggested that the
Council pass this item, leaving that issue as one to go back to the School
District to chat about their perception of pedestrian safety.
Mr. Greenwood noted that another issue that the staff report did not cover
was the need to execute a Memorandum of Understanding (MOU) with the
School District as soon as possible. He asked that the City Manager be
given the authority to execute the MOU once the Board has executed it. He
added that he had been in contact with School District representatives, and
they had expressed some concern about some of the line item costs,
particularly the project administration and those things the City is bringing to
make this project complete. District staff had expressed a desire to keep the
District's share of costs at its initial agreed amount, which it was his
understanding was $240,000.
Councilman Ferguson suggested that staff proceed under the City Manager's
existing discretionary authority of up to $50,000. If the deviation is greater
than that, it should be brought back to Council for consideration.
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Councilman Ferguson added the following two items to his motion: 5) authorize the
City Manager to execute a satisfactory MOU with the School District, with flexibility in an
amount up to $50,000 to make adjustments (+/-) in the District's share of financial
participation (Contract No. C20930); 6) authorize joint study by representatives of both the
City and School District for a solution to the pedestrian issue. Motion was seconded by
Kelly.
MS. HUDSON noted that she had called the City back in March and talked
to Gary Rosenbloom about another issue. At the entrance to Sante Fe,
there is red curbing on both sides, but cars continue to park there. Even with
a pedestrian crossing at Aztec Road and a pedestrian crosswalk at the
corner entering Santa Fe, cars are still going to park in the red, encouraging
students to just walk across the street. She said she would be more inclined
to still put a pedestrian light at that intersection as well.
Mayor Pro Tem Crites called for the vote, and the motion carried by a 4-0 vote, with
Mayor Spiegel ABSENT.
C. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE
PORTOLA AVENUE SIDEWALK FROM MAGNESIA FALLS DRIVE TO
QUICKSILVER DRIVE (CONTRACT NO. C22610).
Councilman Kelly moved to, by Minute Motion: 1)Appropriate $125,000.00 from the
— Unobligated Fund 400 to Account No. 400-4616-433-4001; 2) award the subject contract
to J. D. Stine Constructors, Inc., San Bernardino, California, in the amount of $408,852.00;
3) authorize a 10% contingency for the project in the amount of $40,885.20; 4) authorize
the Mayor to execute said contract. Motion was seconded by Benson. This motion
subsequently died for lack of a vote.
Councilman Ferguson asked if there was going to be an at -grade sidewalk
going down. He said when he sees cars going through there, they
accelerate with tremendous amounts of speed, usually bottom out on the
bottom, and the idea of having a sidewalk right next to the road seemed
dangerous.
Mr. Greenwood responded that staff shared those concerns and worked hard
on the design to keep the sidewalk as far off the edge of the road as
possible. The design cantilevers the sidewalk a little bit over the edge of the
existing slope next to the roadway down in the bottom of the channel, so the
sidewalk will be behind the curb as it goes over the crest and down toward
the bottom. When it gets to the bottom, the sidewalk does pinch in in the
road a little bit, four feet or so, because the road does narrow a little bit more
than it does now. The sidewalk then moves back out behind the curb as the
road moves out of the channel. He said staff had done its best to keep the
striping as straight as possible because drivers lose sight of the striping as
they cross.
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Councilman Kelly suggested putting in a bridge at that location.
Mr. Greenwood noted a bridge was in the five-year capital improvement
program for several years out. He noted that a vehicle bridge over the
Whitewater Channel at Portola was probably in the range of $4 million to $5
million, and it pushed other projects down the list.
Councilman Kelly stated that he hoped Council would discuss those priorities
during the upcoming budget process because he felt this was something that
was badly needed.
Upon question by Councilman Ferguson, Mr. Greenwood responded that if
Council were to approve a bridge now, staff would need about a year to a
year and a half for design and right of way acquisition, environmental
studies, etc.
Mayor Pro Tem Crites suggested that perhaps Council could approve staff's
recommendation and just hold it in abeyance until after the Council's
discussion at the budget session.
Mr. Greenwood stated that Council could instead continue the entire matter
until that time, as there is no urgency.
Councilman Kelly moved to continue this matter until following the City Council's
discussion of programming future Capital Improvement Projects. Motion was seconded
by Ferguson and carried by a 4-0 vote, with Mayor Spiegel ABSENT.
D. REQUEST FOR DIRECTION RELATIVE TO THE PALM VALLEY CHANNEL
ACCESS ROAD.
Mayor Pro Tem Crites excused himself from discussion of this item, as his
home is right next to the subject road.
Mr. Greenwood noted the staff report and recommendation in the packets.
Councilmember Benson stated she did not believe staff's recommendation
#4 (seek dedication of the roadway from the Coachella Valley Water District)
would apply considering the copy of a letter from the Coachella Valley Water
District that was provided to the Council.
Mr. Greenwood responded that the letter from the District was pretty informal
and states basically that property owners have the right to use the road;
unfortunately, that administration at the Water District has now moved on,
and the new management do not really acknowledge that this letter gives the
property owners the right to use the road. He said this was their staff's
position on the letter, not the Board of Directors.
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Councilmember Benson noted that the letter includes a file number at the
top, and she asked where this document would have been filed.
Mr. Erwin responded that it was his assumption that these numbers were
part of the District's filing system. Upon question by Councilman Ferguson
as to the legal sufficiency of the document, Mr. Erwin responded that this
was from the General Manager rather than the Board of Directors of the
District.
MR. DAVID NELSON, 72-595 Beavertail Street, Palm Desert, stated that in
the early 1980's the Water District and the City built the Channel, virtually
cutting off access to an entire neighborhood in the City of Palm Desert. The
Channel was completed in 1984, and the Water District offered the access
road for public use. At that time, the City did not accept that. In 1990,
Richard Folkers, City Engineer at that time, sent an interoffice memorandum
to the City Council and the City Manager recommending the road should be
asphalt based upon safety, air quality, and erosion benefits. Again, nothing
took place. In 1995, another interoffice memorandum to the Mayor Pro Tem
from the Assistance City Manager stated that the City identified this roadway
as a PM-10 mitigation. In 2001, it became a public park, increasing the
traffic. Shortly thereafter, there was a petition of approximately 67 signatures
from parents, parishioners, and neighbors requesting that something be
done regarding the dust problem. A temporary solution was done with a
— polymer, which lasts a few months and actually costs more in the long run
than a more permanent solution because of constantly having to redo it. He
said his point was that this was a problem that had been around for a long
time. He added that last February Council wanted to have a survey done;
it came back overwhelmingly in favor of the City taking over the road and
paving it. Property owners have basically paved Upper Way West and South
Cliff; he said he had agreed to pave his portion in front of Chapel Hill up to
Upper Way West. It was his understanding that the Water District had
tentatively agreed to go ahead and dedicate the property. He asked that the
City does its fair share, take over the road, and pay for the portion in front of
its park so that this problem can be solved. He also addressed the coloring
of the road, which he at first felt was a good idea; however, the more he
looks at colored roads, the more he felt they stood out because of their color.
He felt a basic, standard asphalt road would be a better solution and would
be less cost. He added that he hoped the Council would agree that this road
would be a benefit to the health and public safety for all, and he urged a
favorable vote.
MR. BILL CARVER stated he was building a house on Upper Way West. He
said he was not sure paving of the road was correct, but he felt the City
taking over the road was a good idea. He said he felt the City should have
an ordinance for country -type roads.
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Councilman Kelly stated that he did not understand what the Water District's
position is, and he felt that needed to be clarified.
Mr. Greenwood responded that the current staff at the Water District had
indicated that they believe residents on the west side of the Channel who
use the Channel Road for access are trespassing. They do not acknowledge
the right of those owners to use that road.
Councilman Kelly asked what the Water District's position is if the City were
to pave the road and approve the staff recommendations. Mr. Greenwood
responded that the District had indicated they would allow the City to take
and easement or dedication and to take responsibility for the road.
Councilman Kelly said it was his opinion that the Water District could not stop
anyone from using the road anyway because of the amount of time it has
already been used and the past decisions of the Water District. Aside from
that, he did not understand where the Water District is coming from.
Mr. Greenwood stated that the issue of whether or not the property owners
have the right to use that road is cloudy. The fact that those owners have
used it for 20 years or more seems to give them some right of access.
Councilman Ferguson asked whether the Water District Board had taken a
position on this road or if this was just one general manager disagreeing with
a previous general manager.
Mr. Greenwood responded that the Board had not taken a position and that
up to this point it had been all discussions with staff.
Councilman Ferguson stated that he had never felt that by the City buying
open space to preserve the views of the residents, that somehow triggered
the obligation for the City to take over jurisdiction of a road, the liability of a
road, the cost of all the improvements to the road, etc. With regard to
subdividers, there were folks there with five, six, and seven lots, and he did
not understand why the City had to bear the expense of making
improvements that drive up their sales on their lots because they are not
going to live in seven houses....he said he just did not see it from a City
standpoint, and he did not think this was a good use of public money. He
agreed with Mr. Carver and felt that west of Highway 74 ought to have a rural
undertone to it so that there is a rural road ordinance, a rural housing
ordinance on heights, standards, etc. so that the character and charm are
preserve in that area west of Highway 74. He added that one of the
concerns of people he had spoken with was that once a road is paved, there
will be high school students going up there to take advantage of the views
and the off-roaders will increase. He said he was all for getting the Water
District to take care of its road. He said after 20 years of use, he knows you
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004
cannot get an easement against a public agency, but he doubted they could
just come in and throw up a gate.
Mr. Erwin stated that you cannot acquire any rights by prescription against
a public agency.
Councilman Ferguson stated that he knew several of the Board Members of
the Water District, and he did not believe they would just cut off access for
these property owners or refuse to work and cooperate with them on making
improvements to the road. He did not believe because the City put a park
there that it all of a sudden is the responsibility of the City.
Councilman Kelly stated he felt that when the City developed the park, it took
on the responsibility to at least fix the road adjacent to the developed park.
But he did not understand why the City had not gone to the Board of
Directors of the Coachella Valley Water District to clear up the issue of
roadway usage.
With regard to the naming of the road, Councilmember Benson said she felt
its current name was a good one that did not need to be changed.
Mr. Greenwood stated he felt the 1984 letter from the Water District indicated
its intention to dedicate the access to the City; however, they did not follow
through on that letter and did not actually offer it to the City. With regard to
City staff dealing with Water District staff, City staff assumed that District
staff was representing the Board and indicating to the City what their Board
was indicating to them.
Councilman Ferguson stated that he would not like for the City to accept
dedication of that road and its related full financial and legal responsibility.
Mr. Greenwood noted that the City had already taken full responsibility for
the entire frontage of the park. The additional area being discussed was the
frontage of Mr. Nelson's property, which is relatively small.
Mr. Drell stated that there was no need for a public road to go past Mr.
Nelson's property, so we are only talking about two parties who are going to
improve the road — Mr. Nelson and the City, and Mr. Nelson had agreed to
improve his portion of the road.
Mr. Greenwood added that the City required as part of the approval of Mr.
Nelson's parcel map that this cloudy access issue be cleared up, and Mr.
Nelson is trying to help the City to clear this up.
Councilman Kelly moved to, by Minute Motion, direct staff to go to the Board of
Directors of the Coachella Valley Water District to get a clear decision on the issue of
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004
roadway usage prior to taking any further action. Motion was seconded by Benson and
carried by a 3-0 vote, with Mayor Spiegel and Mayor Pro Tem Crites ABSENT.
Councilmember Benson moved to, by Minute Motion, once the decision from Item
No. 1 is determined, if the City is to take any further action on or control of said roadway,
it will retain the name of "Calle de los Campensinos." Motion was seconded by Kelly and
carried by a 3-0 vote, with Mayor Spiegel and Mayor Pro Tem Crites ABSENT.
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF A CITY COUNCIL REQUEST FOR REVIEW OF THE
PLANNING COMMISSION'S APPROVAL OF A REQUEST BY NEXTEL
COMMUNICATIONS AND CINGULAR WIRELESS TO CONSTRUCT A
75-FOOT HIGH MONOPINE WIRELESS TELECOMMUNICATIONS
TOWER WITH TWO ADJACENT EQUIPMENT SHELTER BUILDINGS
WITHIN A 25-FOOT X 60-FOOT FENCED AREA — PROJECT SITE IS
LOCATED 300 FEET SOUTH OF COUNTRY CLUB DRIVE AND
1,300 FEET EAST OF EL DORADO DRIVE, AND IS PART OF A
SOUTHERN CALIFORNIA EDISON SUBSTATION Case No. CUP 04-01
(Nextel Communications and CingularWireless, Applicants) (Continued from
the meeting of April 8, 2004).
Mayor Pro Tem Crites declared the public hearing open and invited testimony in
FAVOR of or in OPPOSITION to this matter. No testimony was offered.
Councilmember Benson moved to, by Minute Motion, continue this matter to the
meeting of June 24, 2004. Motion was seconded by Kelly and carried by a 4-0 vote, with
Mayor Spiegel ABSENT.
B. REQUEST FOR APPROVAL OF THE ONE-YEAR ACTION PLAN AND
OUTSIDE AGENCY FUNDING COMMITTEE'S FY 2004/05 FUNDING
RECOMMENDATIONS FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM.
Mr. Ortega noted the staff report and recommendation in the packets.
Mayor Pro Tem Crites declared the public hearing open and invited testimony in
FAVOR of or in OPPOSITION to this matter. With no testimony offered, he
declared the public hearing closed.
Councilman Ferguson moved to, by Minute Motion: 1) Approve Outside Agency
Funding Committee's FY 2004/05 Funding Recommendations; 2) authorize the
City Manager to sign One -Year Action Plan Certifications; 3) approve One -Year Action
Plan; 4) authorize staff to submit Final Plans to the U. S. Department of Housing and
Urban Development (HUD). Motion was seconded by Kelly.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004
Councilmember Benson commented that the $188,435 that was approved
for F.I.N.D. was contingent upon them working with the City and RAP to
develop a plan that would provide a permanent multi -use facility.
Mayor Pro Tem Crites called for the vote, and the motion carried by a 4-0 vote, with
Mayor Spiegel ABSENT.
C. REQUEST FOR ADOPTION OF RESOLUTIONS IN CONNECTION WITH
THE ISSUANCE AND SALE OF TAX ALLOCATION REFUNDING
REVENUE BONDS (PROJECT AREA NO. 1, AS AMENDED),
2004 SERIES A, OF THE PALM DESERT FINANCING AUTHORITY (JOINT
CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY).
Mr. Ortega noted this was a joint consideration with the Palm Desert
Financing Authority.
Redevelopment Finance Manager Dennis Coleman reviewed the staff report.
He stated that in order to issue bonds through the public financing authority,
the Council needs to make a resolution of significant findings and
acknowledge those to the Financing Authority. According to the law, a public
hearing must be held in which these findings are made. He said these
findings are demonstrable interest rate savings and/or efficiency in delivery
of services.
Mayor Pro Tem Crites declared the public hearing open and invited testimony in
FAVOR of or in OPPOSITION to this request. With no testimony offered, he
declared the public hearing closed.
Councilman/Commissioner Kelly moved to: 1) Waive further reading and adopt City
Council Resolution No. 04-47, making finding of significant public benefit in connection with
the issuance and sale of Tax Allocation Refunding Revenue Bonds (Project Area No. 1,
As Amended), 2004 Series A, of the Palm Desert Financing Authority; 2) waive further
reading and adopt Financing Authority Resolution No. FA-49, acknowledging finding of
significant public benefit in connection with the issuance and sale of the Authority's Tax
Allocation Refunding Revenue Bonds (Project Area No. 1, As Amended), 2004 Series A,
and approving the issuance, sale, and delivery of such bonds. Motion was seconded by
Ferguson and carried by a 4-0 vote, with Mayor/President Spiegel ABSENT.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
Councilman Kelly moved to add the following item to the Agenda for discussion and
action. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Spiegel
ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004
1. Reauest for Authorization to Purchase Ambulances for the City of
Palm Desert.
Mr. Ortega noted that the City was in the process of negotiating a
separate contract with the County of Riverside for fire and paramedic
services. The Fire Chief had indicated that he has expressed to the
Cove Commission for the last two or three months the need to replace
two ambulances in Palm Desert. Staff agreed with that and agreed
these need to be ordered because there is a lag time between when
the ambulances are ordered and when they arrive. He asked for
Council's authority to order them, on the condition that we have a
conversation with our neighboring cities to negotiate the City's
applicable portion of the Equipment Replacement Fund, more than
half of which belongs to the City of Palm Desert.
Councilman Ferguson asked what the total amount would be for the
two ambulances. Mr. Ortega responded that it would be $210,000.
He further asked about how much Palm Desert's share was in the
Equipment Replacement Fund, and Mr. Ortega responded that it was
approximately $330,000. Councilman Ferguson asked whether the
County had given any indication as to whether they are going to
adhere to the one-year notice rule under the County contract with the
Cove Commission or if they are going to negotiate with the City now
for fire services. Mr. Ortega responded that the indication he had
from a letter that was sent by the Chief is that he is willing to start
negotiation of a new agreement right away. Mr. Ortega stated he
intended to send a letter based on the Council's authorization. He
added that the Fire Department would be submitting a proposal based
on the existing level of service.
Councilmember Benson moved to, by Minute Motion, authorize staff to order two
ambulances at a cost of approximately $210,000, subject to negotiating for the City's
applicable portion of the Equipment Replacement Fund held by the City's two neighboring
cities from the Cove Communities Services Commission for this equipment acquisition.
Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Spiegel ABSENT.
B. CITY ATTORNEY
None
C. CITY CLERK
1. Reminder to Adjourn this Meeting to Friday, June 4, 2004, at
9:00 a.m. for the University Planning Committee Meeting to be held
in the Administrative Services Conference Room.
Mrs. Klassen reminded the Council of this adjournment.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reauests for Action:
1. Consideration of Naming the Civic Center Lagoon in Honor of
Former City Councilman/Mayor Walter H. Snyder (Mayor Pro
Tem Buford A. Crites).
Mayor Pro Tem Crites moved to, by Minute Motion, approve the request to name
the Civic Center Lagoon in honor of former City Councilman/Mayor Walter H. Snyder.
Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Spiegel ABSENT.
Although he felt it was great to honor Mr. Snyder this way,
Councilman Ferguson stated that he hoped the Council would
do these kinds of things sparingly. He said the last thing he
would want to see is every bookcase and drawer and desk at
City Hall with some Councilmember's name on it.
2. 2004 Summer City Council Meeting Schedule —
With City Council concurrence, directed that the customary summer schedule for
City Council Meetings be observed again this summer — canceling of the second
regular meeting in July and the first regular meeting in August, with the
understanding that if matters require action in that period of time, the regular
meeting dates will be utilized to take up those specific items.
3. Reauest for Update on the Fence/Flag Issue in the Silver Spur
Neighborhood — Mayor Pro Tem Crites noted that a constituent
had asked him how the fence/flag issue had been resolved,
and he requested staff provide him with that information so that
he could report back.
4. Coachella Valley Red Imported Fire Ant Eradication Program —
Mayor Pro Tem Crites said he'd just participated in this forum,
noting that the State has ceased funding the program. He said
the recommendation being put forward was that the
Coachella Valley Mosquito & Vector Control District would look
towards establishing a benefit assessment district, which would
provide a parcel assessment of $5 - $10 per year to be used
for enhancing some of the District's programs for controlling
rats, West Nile Virus, and eradication of the Fire Ants. Since
that assessment would not be in effect for at least a year, if
approved, various cities would be asked in the interim to
contribute to the program as a loan to the District, based on a
formula of something like: 25%-population, 37.5%-infestation
sites, and 37.5%-treatment areas. He said this would allow the
Fire Ant Program to continue so that the problem would not get
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004
out of hand in the meantime. He said Palm Desert's cost
would be a loan of about $40,000, adding that the most
serious problem area at this time was further west in the
Valley —but it was spreading eastward. He asked staff to keep
this funding request in mind as the budget was being
approved.
5. Community Energy Efficiency Proaram —
Councilman Ferguson asked staff to bring the City Council a
report and recommendation on how the City can boost
participation in this program, since prior to tonight's action with
the Sares Regis Group, there were no other participants to
date. He thought the Sares Regis project could be used as an
example to determine where some of the costliest aspects of
the program were and report back to the City Council. Further,
he understood that Title 24 would be increasing the mandated
efficiency by another 15% in the next two years.
6. Funding for Trail Construction — Mayor Pro Tem Crites said in
reviewing the budget materials, he did not see funding
specifically listed for this purpose. He felt it would be important
to set aside monies for trails that are part of the Habitat
Conservation Land —remainder of the Hopalong Cassidy Trail,
and the City's potential share of the Palm Desert - La Quinta
Trail (to be shared with the County, La Quinta, and
Indian Wells).
7. Scheduling of FY 2004/05 Budget Session —
With City Council concurrence, staff was directed to schedule the City Council
Budget Session for Thursday, June 10, from 9:00 a.m. to 12:00 p.m. instead of the
same time scheduled for Friday, June 11.
o City Council Committee Reports:
See below.
o City Council Comments:
1. City Council Liaison Reports.
a) School Lunch Recycling Program —Councilmember Benson
presented to her colleagues a resolution from
Assemblywoman Bonnie Garcia and a plaque from the
California Integrated Waste Management Board, recognizing
the City for its outstanding efforts in establishing a school lunch
recycling program in its City in the Desert Sands Unified
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004
School District (DSUSD). She said the program was a
collaboration of the City, DSUSD, Waste Management, and
the Integrated Waste Board. She and Councilman Ferguson,
staff members Bob Kohn and Frankie Riddle were at
Desert Sands this week about the composting program, which
consisted of recycling the tableware and composting food
waste at designated stations in the school lunch areas. She
commented that when they were at Gerald Ford Elementary,
the children were all very eager participants — including their
anticipation of utilizing some of the compost in a future plant
growing experiment in their schoolyard. She noted that
Ms. Riddle was highly praised for her efforts in this program.
b) SunLine — Councilman Kelly reported that SunLine was
3/10 of 1 % below its budget in this fiscal year.
c) Washinaton Charter School — Councilman Ferguson
commented that he, Councilmen Crites and Kelly went to
Washington Charter School this week for a program
recognizing receipt of its second California School of
Distinction Award. He felt it was a great reflection on the
704 students and teachers, but they pointed out that if not for
the help of the City of Palm Desert, they wouldn't have
received this prestigious award.
XIX. ADJOURNMENT
Councilman Kelly moved to adjourn the meeting at 5:35 p.m. to 9:00 a.m. on Friday,
June 4, 2004, for a meeting of the University Planning Committee. Motion was seconded
by Benson and carried by a 4-0 vote, with Mayor Spiegel ABSENT.
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
BUFORD A. CRITES, MAYOR PRO TEM
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