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HomeMy WebLinkAbout2005-06-09/ ' 'O \ MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 9, 2005 CIVIC CENTER COUNCIL CHAMBER 1. CALL TO ORDER - 3:00 P.M. Mayor Crites convened the meeting at 3:01 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Jim Ferguson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Robert W. Hargreaves, Deputy 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 Michael J. Errante, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Robert P. Kohn, Director of Special Programs Walt Holloway, Battalion Chief, Palm Desert/Riverside County Fire Dept./CDF Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 III. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Right-of-way Acquisition — Monterey Avenue/I-10 Interchange Modification (APNs 653-170-039, -041, -042) Negotiating Parties: Agency: Carlos L. Ortega/Mark Greenwood/City of Palm Desert Property Owner: Andrew Stevens 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 NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING: Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 1 Upon a motion by Spiegel, second by Kelly, and 5-0 vote of the City Council, Chairman Crites adjourned the meeting to Closed Session at 3:06 p.m. He reconvened the meeting at 4:00 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None (See Redevelopment Agency Agenda Item IX.) VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 26, 2005. Rec: Approve as presented. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 244, 245, 249, and 250. Rec: Approve as presented. C. CITY'S AND REDEVELOPMENT AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for the months of March 2005 and April 2005 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meeting of April 25, 2005. 2. Investment & Finance Committee Meeting of April 27, 2005. 3. Library Promotion Committee Meeting of February 16, 2005. 4. Marketing Committee Meeting of April 19, 2005. 5. Sister Cities Committee Meeting of April 21, 2005. Rec: Receive and file. E. RESOLUTION NO. 05-41 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged (March 2005). Rec: Waive further reading and adopt. F. REQUEST FOR EXTENSION of Contract with Interim Director of Human Resources (Contract No. C23020). Rec: By Minute Motion: 1) Approve extension of the subject contract with Interim Director of Human Resources Duane K. Munson; 2) authorize the City Manager to execute Addendum #2, extending the term of the contract to December 31, 2005. Continued this item to the meeting of June 23, 2005. G. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C19410 — Design of Civic Center Well Site Renovation. Rec: By Minute Motion, approve Change Order No. 1 in the amount of $17,150 to the subject contract with The Keith Companies, Inc., Irvine, California, and authorize the Mayor to execute same — funds for this purpose are available in the project account. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22990 — Landscape Installation on Highway 111 Medians, Town Center Way to Hospitality Row (Project No. 935-04) (Marina Landscape, Inc., Anaheim, 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. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C23220 — Landscape Installation on Avenue of the States (Project No. 937-03) (Pink, Inc., Palm Desert, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. J. CONSIDERATION of the Waste Management Franchise Agreed Upon Procedures Review for Years Ending December 31, 2001, through 2003. Rec: By Minute Motion: 1) Receive and file the Agreed Upon Procedure Review for the Waste Management Franchise Agreement for years ending December 31, 2001, through 2003 (Confidential); 2) waive the late penalties calculated by the auditors; 3) impose a 10% late penalty ($3,335.04) on underpayment of franchise and recycling fees in the amount of $33,350.04. Approved the recommendation. 4-0-1 (Ferguson ABSTAINING) K. CONSIDERATION of the Time Warner Cable Franchise Agreed Upon Procedures Review for the Year Ended December 31, 2003. Rec: By Minute Motion: 1) Receive and file the Agreed Upon Procedure Review for the Time Wamer Cable Franchise Agreement for the year ended December 31, 2003 (Confidential); 2) waive the late penalties. L. CONSIDERATION of Action by the Legislative Review Committee — AB 1248 (Umberg) — Criminal Procedure. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of May 24, 2005, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 1248. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 M. INFORMATIONAL ITEMS: 1. Report on College of the Desert Perimeter Landscape Treatment. 2. Report on Storm Drain Facilities in the Vicinity of Freedom Park. 3. Status of the Order to Abate a Public Nuisance for Unapproved Lighting at 44-312 and 44-330 San Pablo Avenue. Councilman Ferguson noted that he would be abstaining from the vote on Item J. Mr. Ortega stated that staff requested continuance of Item F to the meeting of June 23, 2005. Upon motion by Ferguson, second by Kelly, the Consent Calendar was approved as presented by a 5-0 vote, with the exception of Item F, continued to the meeting of June 23, 2005; and Mayor Pro Tem Ferguson ABSTAINING on the vote for Item J. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS A. RESOLUTION NO. 05-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, EXTENDING THE EXPIRATION DATE OF ITS CABLE TELEVISION FRANCHISE AGREEMENT WITH TIME WARNER CABLE FROM JUNE 30, 2005, THROUGH JUNE 30, 2006. Mr. Ortega noted the report and recommendation in the packets. Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-42. Motion was seconded by Kelly and carried by a 5-0 vote. IX. ORDINANCES For Introduction: None For Adoption: None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 X. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTIONS DECLARING THE INTENT TO ISSUE BONDS OR OTHER OBLIGATIONS TO FINANCE THE INSTALLATION AND CONSTRUCTION OF THE PORTOLA AVENUE BRIDGE AT THE WHITEWATER CHANNEL (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega reviewed the staff report and offered to answer any questions. Councilman/Member Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 05-40, declaring its intent to issue bonds or other obligations or cause bonds or other obligations to be issued to finance the installation and construction of the Portola Avenue Bridge and reimburse certain expenditures from the proceeds of the bonds; 2) Redevelopment Agency Resolution No. 502, declaring its intent to issue bonds or other obligations or cause bonds or other obligations to be issued to finance the installation and construction of the Portola Avenue Bridge and reimburse certain expenditures from the proceeds of the bonds. Motion was seconded by Benson and carried by a 5-0 vote. B. REQUEST FOR AUTHORIZATION TO EXECUTE A QUITCLAIM DEED FOR A PORTION OF A SLOPE EASEMENT AFFECTING THE WENDY'S PROJECT LOCATED AT WASHINGTON STREET AND COUNTRY CLUB DRIVE Case No. PP 03-18. Mayor Pro Tem Ferguson moved to, by Minute Motion, authorize the Mayor to execute the subject Quitclaim Deed, favoring Fountainhead Indio, LP, which will quitclaim (abandon) a westerly portion of an existing slope easement along the west side of Washington Street between Country Club Drive and the Union Pacific Railroad. Motion was seconded by Kelly and carried by a 5-0 vote. C. CONSIDERATION OF A DESIGN FEE FOR THE FOUNTAIN FEATURE AT PALMA VILLAGE NEIGHBORHOOD PARK (CONTRACT NO. C23840). Councilman Spiegel moved to, by Minute Motion, approve a design fee in the amount of $1,000 for artist Lynn Basa to create three design proposals for the mosaic fountain feature at the Palma Village Neighborhood Park — funds are available in Account No. 436-4650-454-3010. Motion was seconded by Ferguson and carried by a 5-0 vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 D. CONSIDERATION OF THE SOLICITATION OF PROPOSALS FOR ARTWORK TO BE SITED AT ENTRADA DEL PASEO (CONTRACT NO. C23850). Mr. Ortega noted the staff report and recommendation in the packets. Upon question by Councilman Spiegel, Public Art Manager Richard Twedt responded that Council had instructed him to take the proposed canopy to the Art In Public Places Commission for its consideration. The Commission voted unanimously to recommend approval of the structure, including suggestion that the steel structures be painted to help prevent rust. Upon further question by Councilman Spiegel, he said there currently was no artwork for Entrada del Paseo. Upon question by Councilmember Benson, Mr. Twedt responded that only three finalists would be awarded $5,000 design fees to create maquettes, although the competition would be open nationally. Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Instruct staff to proceed with the Request for Proposals for the competition; 2) authorize design honorariums of $5,000 each to three finalists to create maquettes for the Entrada del Paseo art project from Account No. 436-4650-454-3010. Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Spiegel voting NO. Mayor Crites asked that an item be placed on the Agenda for the next Entrada del Paseo meeting to consider an alternate name for "Memory Lane". E. REQUEST FOR AWARD OF CONTRACT FOR THE CITY'S ADVERTISING SERVICES FOR FISCAL YEAR 2005/06 (CONTRACT NO. C23410). Councilman Spiegel moved to, by Minute Motion, concur with the Marketing Committee's recommendation and award the subject contract to Full Gallop Marketing Communications, Rancho Mirage, Califomia, in the amount of $85,800 and authorize the Mayor to execute same on behalf of the City. Motion was seconded by Ferguson and carried by a 5-0 vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 F. REQUEST FOR APPROVAL OF THE PRESIDENTS' PLAZA I (EAST/WEST) BUSINESS IMPROVEMENT DISTRICT ANNUAL BUDGET FOR FISCAL YEAR 2005/06. Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 05-43, approving the Presidents' Plaza I Business Improvement District Budget for FY 2005/06; 2) Resolution No. 05-44, ordering the levy and collection of assessments for the Presidents' Plaza I Property and Business Improvement District for FY 2005/06. Motion was seconded by Kelly and carried by a 5-0 vote. G. REQUEST FOR APPROVAL OF THE PRESIDENTS' PLAZA III BUSINESS IMPROVEMENT DISTRICT ANNUAL BUDGET FOR FISCAL YEAR 2005/06. Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 05-45, approving the Presidents' Plaza III Business Improvement District Budget for FY 2005/06; 2) Resolution No. 05-46, ordering the levy and collection of assessments for the Presidents' Plaza III Business Improvement District for FY 2005/06. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Mayor Pro Tem Ferguson ABSTAINING, as his office is located within this Business Improvement District. H. REQUEST FOR AWARD OF BID FOR THE PURCHASE OF 850 LED TRAFFIC SIGNAL INDICATIONS. Councilman Spiegel moved to, by Minute Motion, award the subject bid to Western Pacific Sales, LLC, San Leandro, California, in the amount of $41,200.91 — funds are available in Account No. 110-4250-433-3325. Motion was seconded by Kelly and carried by a 5-0 vote. I. REQUEST FOR AWARD OF CONTRACT FOR THE CONSTRUCTION OF STREET AND INTERSECTION IMPROVEMENTS AT HIGHWAY 111 AND DESERT CROSSING (CONTRACT NO. C20210A). Upon question by Councilman Spiegel, City Engineer Mark Greenwood confirmed that only one bid had been received, and that was from Granite Construction. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Granite Construction Company, Indio, California, in the amount of $802,208 and authorize a 10% contingency for the project; 2) authorize the use of $75,000 from Fund 400 Sidewalk Account, $103,000 from Fund 420 Drainage Account, and $125,000 from the General Fund Resurfacing Account for the project; 3) authorize the Mayor to execute said contract. Motion was seconded by Kelly and carried by a 5-0 vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 J. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE DESIGN SERVICES FOR THE FRED WARING DRIVE WIDENING PROJECT FROM DEEP CANYON TO WASHINGTON STREET (CONTRACT NO. C23830, PROJECT NO. 953-05). Mayor Pro Tem Ferguson said for contracts that are not based on price alone, it would be helpful in the future to have the criteria used as well as a comparison of the applicants based on that criteria. Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Award the subject contract to RGA Landscape Architects, Inc., Palm Desert, Califomia, in the amount of $82,500; 2) approve a 10% contingency for the project in the amount of $8,250; 3) authorize the Mayor to execute said contract — funds are available in Account No. 400- 4399-413-4001. Motion was seconded by Spiegel and carried by a 5-0 vote. K. REQUEST FOR AUTHORIZATION TO EXECUTE AN AGREEMENT WITH DESERT SANDS UNIFIED SCHOOL DISTRICT FOR CONSTRUCTION OF LANDSCAPED MEDIANS ON PORTOLA AVENUE ALONG THE FRONTAGE OF WASHINGTON CHARTER SCHOOL (CONTRACT NO. C23870). Mr. Greenwood stated that Washington Charter School was currently being rebuilt; as part of that modernization, the school site was redesigned in its entirety, and all of the existing buildings were removed. He noted that staff was presented with the school redesign very late in its development. Washington Charter School used to have its main parent pick-up/drop-off area on Portola, but that was changed due to safety concems. Staff was concemed with the redesign that reoriented the school back toward Portola and felt the only thing that could be done to mitigate that concern was to install a median on Portola. Staff met with School District representatives to try and negotiate how the process would happen. The District agreed to build the median, with the City to reimburse the District for those improvements. Upon question by Councilman Spiegel, Mr. Greenwood responded that the City had always been cooperative with the School District on making improvements that benefit the schools. Councilman Kelly asked if the City would be paying for the improvements if this were being done by a private developer versus the School District. Mr. Greenwood responded that the City would at least make the developer pay for half of the improvements. Upon question by Mayor Crites, Mr. Greenwood responded that the City would not have allowed a private developer to put this on Portola. Upon 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 further question, Mr. Greenwood stated that staff had communicated this to the District when it learned about the design, but the District's response was that the design was nearly complete and could not be changed. Mayor Crites stated that the District had been advised by the City for years that this was not safe and was not good for students, and Mr. Greenwood agreed. Mr. Greenwood added that during the concept phase, staff was aware the District was considering orienting the school on Portola and advised the District not to do so. Mayor Crites asked whether the City had to issue the District a curb cut permit on Portola. Mr. Greenwood responded that the City had ultimate authority on curb cuts and would not have to issue such permits. Upon question by Councilmember Benson, Mr. Greenwood responded that there would still be parking on Portola, but it would not look the same as it does now. There would be an actual parking lot removed off of Portola. He said it was staffs recommendation to add a median because of the orientation of the parking lot on Portola. He said a vast majority of the students attending Washington Charter lived to the south of the school, and parents dropping off or picking up their children would want to tum left across Portola to get back home, which was not acceptable to staff because of the high volume of traffic. Staff proposed having the median go from Chicory to just short of the church driveway, retaining the left tum pocket onto Fairway and left turn access into the church driveway. Upon question by Councilman Kelly, Mr. Greenwood responded that his understanding was that the District was requesting two curb cuts on Portola. In response to Mayor Crites' question relative to allowing northbound traffic to make u-tums at Chicory, Mr. Greenwood said that staff could install signage prohibiting u-turns, preferring that vehicles go to the signal at Shadow Mountain. Councilmember Benson asked whether it would be feasible to continue the median down to Shadow Mountain, as she felt it would improve the entire block. Mr. Greenwood responded that it could be done. Councilman Kelly said he felt the median should also go all the way to Fairway. Mayor Crites added that he felt the School District should pay for all of the median, as the City did not create this bad design. Upon question by Councilmember Benson relative to the cost for the median from Shadow Mountain to Fairway, Mr. Greenwood responded that the engineer's estimate for the median from Chicory to the church driveway was $72,000. With the median extended as suggested by Councilmembers, the cost would be approximately $150,000. He noted that the District contractor 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 would build the median, but the City would reimburse 100% of the construction cost. Councilman Spiegel suggested that this matter be continued to the next meeting and that the School District be advised of Council's concerns to see if some kind of agreement can be reached. Mayor Crites noted that the District should also be advised that at least one Councilmember would vote against even approving a curb cut on Portola. Councilman Spiegel moved to, by Minute Motion, continue this matter to the meeting of June 23, 2005. Motion was seconded by Ferguson and carried by a 5-0 vote. L. CONSIDERATION OF REQUEST FOR CREDIT AGAINST DRAINAGE FEES AND TRAFFIC SIGNALIZATION FEES FOR IMPROVEMENTS TO BE CONSTRUCTED ON PRECISE PLAN NO. 04-13, LOWE'S BUILDING CENTER (LMS Location Management Services, Applicant). Mr. Greenwood reviewed the staff report and recommendation. Councilman Spiegel moved to, by Minute Motion, approve a request for credit of drainage fees against the actual drainage facility construction cost and deny the request for credit of traffic signal modification fees for Precise Plan No. 04-13, Lowe's Building Center. Motion was seconded by Kelly and carried by a 5-0 vote. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING: M. DISCUSSION OF THE CITY'S POSITION WITH REGARD TO ITS MEMBERSHIP IN THE PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (CVA). Mr. Ortega noted that staff had researched the Memorandum of Understanding of the Joint Powers Authority with regard to the City's continued participation in the Palm Springs Desert Resorts Convention & Visitors Authority (CVA). Any Council action would have to be taken by December 1, 2005, and the City would still be responsible for paying the fees/dues for 2006. He asked for Council direction. Councilman Spiegel said what happened to the CVA was unfortunate; however, he felt the CVA was devoted to the number one business in the Coachella Valley, which was tourism. Without tourism, Palm Desert would not be as successful a city, nor would the Valley itself be as successful as it is. There was a similar situation with SunLine Transit Agency approximately a year ago, but those issues were resolved, and buses are still running. He 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 said he personally felt some kind of organization was necessary in order for the Coachella Valley to continue to draw tourism. Mayor Pro Tem Ferguson echoed the comments of Councilman Spiegel, but the CVA had a Board which was doing its job and putting many hours into resolving the issues. He thanked Councilmember Benson for her efforts in that regard. He felt a positive and focused approach needed to be taken to implement the corrective measures necessary to help rebuild the CVA and ensure its survival; if cities start pulling out at this point, he felt the CVA would fall apart, and the Valley would find itself five to ten years from now creating a new organization all over again. There would be a lapse in the Valley's regional promotion around the country, which did not make any sense to him. He felt cities in the Valley would be prudent to continue participation in the CVA at this point. If the Palm Desert City Council were to vote today, which it did not need to do, it would be to help the CVA rather than abandon it. Councilman Kelly said he had thought of several questions and answers with regard to the CVA: 1) Was the "Palm Springs" designation for the CVA necessary for the success of the Coachella Valley? He did not believe it was necessary. 2) Why was the CVA founded? He felt it was done to promote Valley - wide tourism, and that is what the CVA was doing. 3) Has the CVA been successful in promoting Valley -wide tourism? He felt it had been successful. 4) If there was no Valley -wide CVA, would one be formed? He felt one would be formed. 5) Would a CVA be formed as it is today? He felt the answer to that question was "maybe not." Councilman Kelly went on to say he felt the job of the Board of Directors was to approve plans, programs, and budgets as well as to supervise the organization's manager. It was not to be involved in the day-to-day work of the organization. One of the tools used by Boards was the professional audit, and when an audit reveals a problem or weakness, it is the responsibility of the Board to see that corrections are made. He felt the Board of Directors should be allowed to do its job. Mayor Pro Tem Ferguson added that his position was based on the knowledge that in all probability, things are going to get worse before they get better, but he was confident the new Interim President and the Board would dig into this and find out what needs to be changed. He agreed with Councilman Kelly that the Board should be allowed to do its job. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 Councilmember Benson agreed and said she felt the CVA had a very competent Interim CEO who knows how to run a successful bureau, knows the importance of tourism, and understands how the marketing of the Coachella Valley affects all of the local hotels and businesses. She felt the CVA would probably grow stronger as it moves forward. Mayor Crites said the Council had a six-month window to look at the CVA and the various issues and begin the process of repair. On behalf of the entire City Council, he thanked Councilmember Benson for her service on the CVA Board and for her professionalism in dealing with members of the media. With City Council concurrence, it was agreed that the City of Palm Desert remains supportive of a Valley -wide Convention & Visitors Bureau effort. XI. CONTINUED BUSINESS A. CONSIDERATION OF A LETTER FROM DESERT BREEZES HOMEOWNERS ASSOCIATION (Continued from the meetings of April 28, and May 26, 2005). Mr. Errante reviewed the staff report, noting that several options had been presented for Council consideration. Mayor Crites noted that the sound study indicated that the section to the east of the Desert Breezes entrance was one decibel below the standard set forth for mitigation, and that was why no mitigation measures were identified for that section. Mr. Errante agreed and stated that the sound study was done during the month of May for a short duration. Mayor Crites asked what staff felt the outcome might be if a similar study were done in January over the normal period of time. Mr. Errante said that the outcome was unknown and could go either way. Mayor Crites asked whether the City would be reimbursed for costs associated with continuation of the sound wall if another sound study was done and it hit the decibels needed. Mr. Errante responded that it was a possibility. Mayor Crites asked when the wall was supposed to be done, and Mr. Errante responded that staff planned to go to bid for this project within 30 to 60 days, and it could be eight to nine months before the entire project is complete. Councilman Kelly noted that there is some subjectivity with most studies or surveys, a percentage of plus or minus as far as the results. Councilman Spiegel noted there were five options provided in the report, and he asked if staff had a recommendation. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 Mr. Errante responded that he had authority to build the western portion of the sound wall but not the eastern portion because of the results of the sound study, and he was asking for Council's consideration and direction. Councilman Kelly stated that because the regional funding program was paying for 50% of the cost of the work, since this is a regional route. If the Council directs staff to build the entire wall, the City would not be reimbursed by CVAG for that portion that did not meet the decibel level for mitigation. Mr. Errante responded that it was 75% reimbursable from CVAG. Upon further question by Councilman Kelly, he said the City had the option of approaching CVAG and requesting reimbursement for costs associated with building the eastem portion. Councilman Kelly said sound walls were an obligation taken pretty seriously, and he felt CVAG should pay for the eastern portion, especially since it was only one decibel away from needing mitigation. Mayor Pro Tem Ferguson said he felt doing the entire wall was just common sense. He did not like the way the sound study was done, and he noted that a similar study in Indian Wells was done for 24 hours in the middle of the season. He was concerned that this Desert Breezes community, which has uniform walls now, would wind up with a ten -foot wall on one side and a shorter one on the other side. He did not think this would address the noise issue, and he agreed with Councilman Kelly that the City should go out to bid for both the east and west portions. He said it was his understanding that staff indicated there was sufficient time to do a sound study to confirm that mitigation measures were necessary, and he felt CVAG should be approached relative to providing the 75% funding. Councilman Kelly moved to, by Minute Motion, direct staff to seek reimbursement from the Coachella Valley Association of Governments (CVAG) for costs associated with a continuation of the soundwall along Fred Waring Drive for the entire frontage of the Desert Breezes development. Motion was seconded by Spiegel and carried by a 5-0 vote. B. REQUEST FOR CITY COUNCIL REVIEW OF A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, APPROVINGA6-FOOT HIGH BROWN VINYL CHAIN -LINK FENCE TO MATCH EXISTING CHAIN -LINK FENCE AT 45-875 EDGEHILL DRIVE Case No. MISC 05-14 (Tom Adler, Applicant) (Continued from the meeting of May 12, 2005). Assistant Planner Ryan Stendell reviewed the staff report and recommendation and offered to answer any questions. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 Mayor Pro Tem Ferguson asked whether the existing chain -link fence was permitted through the City. Mr. Stendell responded that it was his understanding that it was in place prior to the City implementing its policy to prohibit chain -link fencing. Upon further question by Mayor Pro Tem Ferguson, Mr. Stendell stated that the neighbors had worked out their problems and had agreed that the chain -link fencing was the least obtrusive in their area. An alternative in that area would be to construct hundreds of feet of block wall, but he did not think that was not the purpose or intent of the Hillside Planned Residential Zoning. Another approved material for fencing would be wrought iron. He further stated that chain -link fencing was only allowed if approved by Architectural Review Commission. Councilman Spiegel moved to, by Minute Motion, affirm the action of the Architectural Review Commission dated April 12, 2005, approving six-foot high brown vinyl chain -link fence matching existing chain -link fence at 45-875 Edgehill Drive. Motion was seconded by Kelly and carried by a 4-1 vote, with Mayor Pro Tem Ferguson voting NO. C. REQUEST FOR APPROVAL OF BUILDING & SAFETY FEE SCHEDULE AMENDMENT FOR WATER HEATER REPLACEMENT PERMITS (Continued from the meetings of May 12, and May 26, 2005). Mr. Ortega noted the staff report and recommendation in the packets. In addition to the options included in the staff report, Council could also allow the issuance of water heater replacement permits at no cost. Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-33A, waiving the permit fee for water heater replacement for a one-year period and begin a public awareness program, with staff to bring back a report detailing what has happened during that one-year period. Councilman Kelly asked that the motion include justification that this is being done because of the safety issue with regard to inspection of replacement water heaters. If the fee is too high, residents will not request permits, and inspections will not be done; however, he expressed concem with not charging any fee for a permit when fees are charged for everything else and felt this would expose the City to potential liability. Councilman Spiegel agreed but said he did not have a problem waiving the fee for a year and promoting the program to see how effective it is during that time. Councilman Spiegel amended his motion to include, by Minute Motion, authorization for the City Manager to issue refunds for overcharges relating to Water Heater Permits issued after September 6, 2004, as requested by Applicants. Motion was seconded by Ferguson and carried by a 5-0 vote. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 D. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES — CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 1 (CONTRACT NO. C23600, PROJECT NO. 901-XX) (Continued from the meeting of May 26, 2005). Mr. Ortega noted that a letter had been received from resident Zeke Garza regarding this matter. MR. ZEKE GARZA, 74-345 Buttonwood Drive, Palm Desert, noted that he had been working with the City of Palm Desert for approximately seven years in providing maintenance services in Landscape Maintenance Area Nos. 1, 2, 3, and 6. He noted that although he was the low bidder for Area Nos. 1 and 3, he had found out this week that he was disqualified because he failed to provide the name of the subcontractor in his bids. He said he had read the "Instructions to Bidders" several times and did not see anything requiring that information. He had sent a letter to Landscape Manager Spencer Knight regarding this difference of opinion, and Mr. Knight had advised him that it was covered Item #14 of the Bidder Instructions. Mayor Pro Tem Ferguson asked whether the City of Palm Desert followed the Government Contracting Code set forth in State law by ordinance. Mr. Hargreaves responded that it was his understanding that the City had its own contracting provisions, which largely mirrored the State Contracting Code. Mayor Pro Tem Ferguson said as he remembered it, the purpose of that Code was to take out discretionary items on monetary bids so there were no claims of subjectivity and, therefore, it was not really discretionary whether or not a bid was responsive. He asked whether staff was required to find a bid non -responsive if it was believed to be non -responsive. Mr. Hargreaves stated that if the bid did not substantially comply with the bidding instructions, it was considered non -responsive. MR. GARZA stated that he had read Item #14 of the bidder instructions, which stated that this was for construction or improvement, specifically for fabrication and installations. He understood bidders were required to submit any subcontractors they were going to use in this regard. However, the subcontractor in question was his chemical applicator because he had to sub out to someone who has a QAL (Qualified Applicators License) for spraying. He said he felt the entire paragraph of Item #14 was actually intended for construction work and, therefore, should not apply for a chemical applicator, which was strictly maintenance work. He felt this should not have disqualified him from consideration, and he asked that he be requalified and that Council allow him to retain those contracts where he was the low bidder. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 Upon question by Mayor Crites, Mr. Hargreaves responded that Council might wish to continue this matter in order for staff and the City Attorney to resolve the issues raised. MR. GARZA noted that while he was the low bidder for Area Nos. 1 and 3, he was the second lowest bidder on No. 2. Councilman Spiegel moved to, by Minute Motion, continue this matterto the meeting of June 23, 2005. Motion was seconded by Benson and carried by a 5-0 vote. E. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES — CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 2 (CONTRACT NO. C23610, PROJECT NO. 902-XX) (Continued from the meeting of May 26, 2005). Please see discussion under Continued Business Item D above. Councilman Spiegel moved to, by Minute Motion, continue this matterto the meeting of June 23, 2005. Motion was seconded by Benson and carried by a 5-0 vote. F. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES — CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 6 (CONTRACT NO. C23630, PROJECT NO. 906-)(X) (Continued from the meeting of May 26, 2005). Please see discussion under Continued Business Item D above. Councilman Spiegel moved to, by Minute Motion, continue this matterto the meeting of June 23, 2005. Motion was seconded by Benson and carried by a 5-0 vote. XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF CONTRACT AMENDMENT NO. 2 TO CONTRACT NO. C22860 FOR LANDSCAPE MAINTENANCE SERVICES — CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 4 (PROJECT NO. 904-XX). Councilman Spiegel moved to, by Minute Motion, approve Contract Amendment No. 2 in the amount of $42,656 to the subject contract with Steven Burt & Associates, Bermuda Dunes, California, for landscape maintenance services at Entrada del Paseo and the Baja Park. Motion was seconded by Benson and carried by a 5-0 vote. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 B. CONSIDERATION OF THE ASSUMPTION OF JURISDICTION OVER HIGHWAYS 111 AND 74 IN THE CITY OF PALM DESERT. Mr. Ortega noted that there were certain steps that needed to be taken if the Council wished for the City to assume the jurisdiction over Highways 111 and 74. He noted the staff report and recommendation in the packets and stated that staff was available to answer any questions. Upon question by Councilman Spiegel, Mr. Greenwood responded that the City of Indian Wells had initiated the process of taking over jurisdiction of Highway 111 in its city, while the City of Rancho Mirage had taken over jurisdiction six or seven years ago. Upon question by Councilman Kelly, Mr. Greenwood said if the Council directed staff to begin the process of assuming jurisdiction in the next few weeks or months, Palm Desert could join Indian Wells in its application. Upon further question by Councilman Spiegel, Mr. Greenwood said the staff report discussed some of the costs associated with this assumption. He noted that maintenance of the pavement itself was really the only thing that Palm Desert was not already participating in. He estimated the annual cost of pavement maintenance on Highways 111 and 74 was approximately 1 $150,000 each. There would also be an increase in signal maintenance, as there would be approximately 14 additional signals, and the City would also need to hire another technician. Start-up costs for the signal maintenance would be approximately $200,000, including the new staff, truck, and equipment. Annual costs would be approximately $400,000 for both highways. Councilman Spiegel questioned the cost for installation of a traffic signal on Highway 74 at Shadow Mountain. Mr. Greenwood responded that the agreement was that the City of Palm Desert would pay 100% of the cost, and Caltrans would install the signal at Mesa View at some future date at its cost. If the City took over jurisdiction of Highway 74, Caltrans would not pay for the Mesa View signal. Mr. Greenwood responded to question by Councilmember Benson and said the City would then have the authority to rename Highway 74 through Palm Desert. Councilmembers pointed out that residents would have to be notified and a process would have to be followed before this could occur. Councilman Kelly moved to, by Minute Motion, direct staff to begin the process of assuming jurisdiction of the two State Highways. Motion was seconded by Ferguson and carried by a 5-0 vote. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A PRECISE PLAN TO CONSTRUCT FOUR GENERAL OFFICE/WAREHOUSE BUILDINGS TOTALING 65,892 SQUARE FEET AND A HEIGHT EXCEPTION TO ALLOW VARYING ROOF HEIGHTS UP TO A MAXIMUM OF 34'6" FOR PROPERTY LOCATED AT 73-700 DINAH SHORE DRIVE Case No. PP 04-33 (Venture Corporation and Ware Malcomb, Thomas Sun, Applicants) (Continued from the meeting of May 12, 2005). Planning Manager Steve Smith reviewed the staff report, noting that Council had met in Study Session earlier that afternoon to discuss traffic on Dinah Shore Drive. He offered to answer any questions. Upon question by Mayor Pro Tem Ferguson, Mr. Greenwood responded that the easterly neighbor was the self -storage facility, which by its very nature was not compatible with shared access. He felt shifting that driveway to align with Spider Circle would make sense and would produce a typical four -lane intersection. The westerly driveway was shared on the property line and did conform to City guidelines. Access -wise, it was not far off the mark, and he felt it was acceptable. Councilman Kelly asked if was necessary to have two driveways rather than one. He was also concerned with sufficient access for disposal trucks and asked staff to look into this matter. Mr. Greenwood said with regard to the location of the driveway in the center of the project, that was the one that would line up with Spider Circle, so that made sense in the big scheme of things. With regard to the second driveway, he said the one on the west side was shared with a neighbor, so that made sense as well because it would serve the two properties. He added that he had not had an opportunity to review all that had been discussed earlier today in the Study Session and felt perhaps the matter should be continued if there were Council concerns. Mayor Crites said he was still not convinced that the architectural merit of this project necessitated any height variation at all. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MR. MARK PARRY, Venture Corporation, stated there were several items on the list reviewed at the Study Session today that the development was compliant with: 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 1) Provide a precise plan with the approvals on Dinah Shore Drive, including building setbacks that are wide enough to allow six lanes — he said the site plan showed there was enough room to accommodate the six lanes now or in the future. 2) Dinah Shore Drive be built to six lanes from Avenue 35 to Portola — he said the development was compliant in that regard, and this item was not applicable. 3) Ultimate widening of Dinah Shore Drive to six lanes to be considered at a future date based on traffic needs — he said they had agreed in the conditions of approval to put in the deceleration lane in accordance with the staff recommendations. That would be done at this point in time with the project. 4) Driveways be allowed only on the property lines and that each driveway be shared with two adjacent parcels — he noted that they did share a driveway on the west property line. He said the Fire Department had requested a condition of approval to have two driveways for emergency vehicle access. 5) Left turn openings in the median islands should be reconsidered, and left turns out of the project driveways should be carefully controlled — he said that was an existing median allowing a left turn lane and u-turns to go onto that street because there would not be any access to the north part of the entire Dinah Shore if there were not median cuts. He had worked with staff to create the alignment, and he felt very comfortable they could comply with the recommendation and the findings in the future. MR. BROCK GRAYSON, Ware Malcomb Architects, 20950 Warner Center Lane, Woodland Hills, CA, reviewed the history behind the current design of the project. Upon question by Councilman Spiegel, Mr. Smith responded that Architectural Review Commissioner Vuksic had abstained from the vote on this project because he owns property in the area. With no further testimony offered, Mayor Crites declared the public hearing closed. Mayor Pro Tem Ferguson said he felt a little disingenuous to tell a room full of developers at 2:30 p.m. that they have to hold for two weeks while the City gets a master plan for that area and then two and a half hours later vote on a project that is right in the heart of that area. He said he would wait for the two weeks and consider this project along with everyone else. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 Councilman Kelly said he felt this was a nice project, and he liked the architecture. He said the project had gone through a long process, from staff to the Architectural Review Commission to the Planning Commission, and had been approved at each level. If it was then not approved by the Council, he felt there was a problem with the process, and that was a concern to him. Councilmember Benson said in order for the project to be approved for a height exception, there must be some architectural distinction, and she did not feel that was the case with this project, as she felt it looked very boxy. Councilman Spiegel agreed with Councilman Kelly. He said there was a lot of land on the north side of Dinah Shore to allow for the modifications requested by Council (widening, acceleration/deceleration lane, etc.). He was not bothered by the architecture of the project; it was adjacent to the railroad tracks and was not sitting up on a high hill so that everyone can see it. He said he had no objection to the project. Councilman Kelly noted that the adjacent storage facility had been approved by the Planning Commission, and he suspected it did not look nearly as good as this project. Mayor Crites agreed with Mayor Pro Tem Ferguson's comments. He felt the project had some architectural merit, and he liked the indentations and the various kinds of treatments, color variations, window recesses, etc. However, he was not enthusiastic about the height exception. He added that he liked the project and would vote in favor in two weeks if it fit the parameters of the master plan for that area. Councilman Spiegel moved to waive further reading and adopt Resolution No. 05-34, approving Case No. PP 04-33, including building height exception, subject to conditions. Motion was seconded by Kelly and FAILED by a 2-3 vote, with Councilmember Benson, Mayor Pro Tem Ferguson, and Mayor Crites voting NO. Mayor Pro Tem Ferguson moved to reconsider the above action. Motion was seconded by Benson and carried by a 5-0 vote. Mayor Pro Tem Ferguson moved to, by Minute Motion, continue this matter to the meeting of June 23, 2005. Motion was seconded by Spiegel and carried by a 5-0 vote. Mayor Crites reopened the public hearing. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 XIV. REPORTS AND REMARKS A. CITY MANAGER Mr. Ortega commented that earlier this week, the City Council held a Study Session to review the Budget for the coming fiscal year. At the next meeting, June 23, the public hearing would be held for adoption of the budget with all the necessary documents. B. CITY ATTORNEY None C. CITY CLERK 1. Consideration of Summer2005 City Council, Redevelopment Agency, Housing Authority Regular Meeting Schedule. With City Council concurrence, staff was directed to follow the schedule the City Council has traditionally observed during the months of July and August — cancelling the second meeting in July and the first meeting in August. D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Palm Springs Film Festival — Mayor Pro Tem Ferguson asked that the City Council be provided opportunity to consider the Film Festival's request for funding on the next agenda. Councilmembers concurred with the request. o City Council Committee Reports: None 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2005 o City Council Comments: 1. Hiahwav 111/Deep Canvon/Alessandro/Albertsons — Mayor Crites noted that he had received a letter from a resident concerned with the traffic congestion in the subject vicinity. He provided his colleagues with a copy of the letter and noted that City staff was already looking into the matter. XV. ORAL COMMUNICATIONS - C None XVI. ADJOURNMENT With Council concurrence, Mayor Crites adjourned the meeting at 5:49 p.m. ATTEST: 17ORD A. CRITES, MAYOR RA HEL.LE D. RLASSE'I, ITY CLERK CITY OF PALM DESERT, CALIFORNIA 23