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HomeMy WebLinkAbout2006-04-13MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 13, 2006 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Ferguson convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro Tem Richard S. Kelly Councilman Robert A. Spiegel Mayor Jim Ferguson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Phil Drell, Director of Community Development Dan Kaiser, Deputy Building Official J. Luis Espinoza, Assistant Finance Director Mark Diercks, Transportation Engineer David Avila, Battalion Chief, Palm Desert Fire/Riverside County Fire Dept./CDF Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 1) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 118, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Goodwill Industries of Southern California Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Govemment Code Section 54956.9(b): Number of potential cases: 3 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 Upon a motion by Crites, second by Spiegel, and 5-0 vote of the City Council, Mayor Ferguson adjourned the meeting to Closed Session at 3:00 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 A. APPOINTMENT TO THE PARKS & RECREATION COMMISSION. Councilman Spiegel moved to, by Minute Motion, appoint J. David Garcia as an Alternate Member to the Parks & Recreation Commission for a four-year term (1/1/06 - 12/31 /09). Motion was seconded by Crites and carried by a 5-0 vote. B. APPOINTMENT OF A MEMBER OF THE CITY COUNCIL TO SERVE AS ITS REPRESENTATIVE TO THE SUNLINE TRANSIT AUTHORITY. Mayor Ferguson moved to, by Minute Motion, appoint Councilman Spiegel to serve as the City of Palm Desert's designated representative to the SunLine Transit Authority. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Councilman Spiegel ABSTAINING. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 Upon motion by Kelly, second by Spiegel, Items C and D were added to the Agenda by a 5-0 vote. C. APPOINTMENT OF A MEMBER OF THE CITY COUNCIL TO SERVE AS THE DESIGNATED ALTERNATE REPRESENTATIVE TO THE SUNLINE TRANSIT AUTHORITY. Councilman Spiegel moved to, by Minute Motion, appoint Mayor Ferguson to serve as the alternate designated representative to the SunLine Transit Authority. Motion was seconded by Crites and carried by a 5-0 vote. D. APPOINTMENT OF CITY OF PALM DESERT REPRESENTATIVE TO THE JOSLYN COVE SENIOR CENTER. Mayor Pro Tem Kelly moved to, by Minute Motion, appoint Russ Campbell to serve as the City's representative to the Joslyn Cove Senior Center. Motion was seconded by Crites and carried by a 5-0 vote. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 23, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 192,193, 194, 197, and 200. Rec: Approve as presented. C. SINGLE AUDIT of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2005. Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meetings of January 17 and February 21, 2006. 2. Parks & Recreation Commission Meeting of February 21, 2006. Rec: Receive and file. E. RESIGNATION of Tarah Fenelon-Nolan from the Youth Committee. Rec: Receive with very sincere regret. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by SC Restaurants, Inc., for Mallard's, 73-101 Highway 111, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by AJ's Grill, 73-609 Highway 111, Palm Desert. Rec: Receive and file. H. REQUEST FOR APPROVAL of Contract for Audit Services for the City of Palm Desert, Palm Desert Redevelopment Agency, Desert Willow Golf Resort, Palm Desert Recreational Facilities Corporation, and the Palm Desert Housing Authority for the Fiscal Year Ending June 30, 2006 (Contract No. C20184). Rec: By Minute Motion, approve the subject contract with Lance, Soil & Lunghard, LLP, Brea, California. I. REQUEST FOR DECLARATION of Surplus Property and Authorization for Appropriate Disposal (Miscellaneous Computer and Electronic Equipment). Rec: By Minute Motion, declare items listed in the accompanying staff report's Exhibit "A" as surplus and authorize disposal as recommended. J. REQUEST FOR DECLARATION of the City's Nuclear Gauge as Surplus Property and Authorize its Sale to the Highest Bidder. Rec: By Minute Motion, concur with staff that City property known as the Troxler 3411 B Nuclear Gauge is no longer needed; therefore, declare it surplus property and authorize the Director of Public Works to sell it to the highest bidder. K. REQUEST FOR ACCEPTANCE OF WORK for the 2005 Citywide Resurfacing Program (Contract No. C23820, Project No. 752-05) (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. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 L. REQUEST FOR APPROVAL of Policy Regarding Installation of Directional Signs to Religious Institutions. Rec: By Minute Motion, adopt a policy stating that the City of Palm Desert will install no more than two (2) directional signs to religious institutions; authorize the Director of Public Works to receive and approve such requests. M. REQUEST FOR APPROVAL of Out -of -State Travel for the 2006 Landscape Design Conference. Rec: By Minute Motion, authorize the subject request for the Landscape Specialist to travel to Litchfield Park, Arizona, May 5-6, 2006 — funds are available in Account No. 110-4614-453-3120. N. REPORT on Falcon Crest Sales Program Summary (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. Upon motion by Spiegel, second by Kelly, the Consent Calendar was approved as presented by a 5-0 vote. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None IX. ORDINANCES For Introduction: None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 For Adoption: A. ORDINANCE NO. 1113 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 15.04.020 OF THE PALM DESERT MUNICIPAL CODE (PDMC), AMENDMENT TO THE CALIFORNIA BUILDING CODE, CBC SECTION 107.2, PERMIT FEES. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1113. Motion was seconded by Crites and carried by a 5-0 vote. B. ORDINANCE NO. 1114 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING A NEW CHAPTER 15.40 TO TITLE 15 OF THE PALM DESERT MUNICIPAL CODE, RELATIVE TO PLACARDS USED TO DENOTE CONDITIONS WITH REGARD TO CONTINUED OCCUPANCY OF BUILDINGS. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1114. Motion was seconded by Crites and carried by a 5-0 vote. X. NEW BUSINESS A. REQUEST FOR APPROVAL OF CONVEYANCE AND EXCHANGE AGREEMENTS FOR 10 ACRES (±) LOCATED ADJACENT TO DESERT WILLOW GOLF RESORT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted the staff report and recommendation in the packets. Upon question by Councilman/Member Spiegel, he confirmed that the cost was approximately $3 million in the exchange. Councilman/Member Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 06-44, approving as to form and authorizing the execution and delivery of a Conveyance Agreement (Contract No. C25080A) and an Exchange Agreement (Contract No. C25080B) with Sanderson J. Ray/Desert Springs Partners, L.P.; 2) Redevelopment Agency Resolution No. 523, approving as to form and authorizing the execution and delivery of a Conveyance Agreement with Sanderson J. Ray/Desert Springs Partners, L.P. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Pro TemNice Chairman Kelly ABSENT. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 B. REQUEST FOR AWARD OF CONTRACT FOR THE 2006 CITYWIDE SLURRY SEAL PROGRAM (CONTRACT NO. C24360, PROJECT NO. 751-06). Mr. Ortega noted the staff report and recommendation in the packets. Councilman Crites moved to, by Minute Motion: 1) Award the subject contract to American Asphalt South, Inc., Fontana, California, in the amount of $492,340; 2) approve a 10% contingency in the amount of $49,234; 3) authorize the Mayor to execute the subject agreement —funds are available in Account No. 110-4311-433-3320. Motion was seconded by Kelly and carried by a 5-0 vote. C. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF CALLE DE LOS CAMPESINOS (CONTRACT NO. C24480, PROJECT NO. 608-04). Councilman Crites noted that, as he lived in the vicinity of this project, he would abstain from the discussion and action on this matter. Councilman Spiegel expressed concern with the large difference in price between black asphalt and colored asphalt, although he did feel the colored asphalt would look better. Engineering Manager John Garcia responded that the reason the colored asphalt was so much more expensive was because it required the entire plant to be shut down, and this was a very small job for this contractor. Upon question by Mayor Ferguson, he stated that although only one bid had been received, the price was still in line with what staff felt the project should cost. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to D & L Wheeler Enterprises, Yucaipa, Califomia, in the amount of $241,840 for black asphalt; 2) approve a 10% contingency in the amount of $24,184.50; 3) authorize the Mayor to execute the subject agreement; 4) authorize the transfer of $150,000 in budget funds from Account No. 400-4515-433-4001 to Account No. 400-4379-433-4001 for this project. Motion was seconded by Mayor Pro Tem Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 D. REQUEST FOR AWARD OF CONTRACT FOR CITYWIDE TREE PRUNING PROGRAM (CONTRACT NO. C24960, PROJECT NO. 932-06). Mr. Ortega noted the report and recommendation in the packets. Councilman Spiegel moved to, by Minute Motion, award the subject contract to Tree Rite, Bermuda Dunes, California, in the amount of $151,635.37, authorize a 10% contingency in the amount of $15,163.54 and the Mayor to execute said contract — funds are available in General Fund, Assessment District Fund 200, and Housing Authority Facility Budgets. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Crites ABSTAINING. E. REQUEST FOR AWARD OF CONTRACT FOR CITYWIDE PALM TREE PRUNING AND REMOVAL PROGRAM (CONTRACT NO. C24970, PROJECT NO. 931-06). Councilman Crites moved to, by Minute Motion, award the subject contract to Town and Country Tree Service, Barstow, California, in the amount of $66,175, authorize a 10% contingency in the amount of $6,617.50 and the Mayor to execute said contract — funds are available in various General Fund, Assessment District Fund 200, and Housing Authority Facility Budgets. Motion was seconded by Mayor Pro Tem Kelly. Since Town and Country Tree Service would already be out in the community pruning the City's trees, Councilman Spiegel asked if there was some way residents of Palm Desert could have their privately owned palm trees pruned by this company at the same time and perhaps pay a more reasonable price than what they are paying someone else. Assistant City Manager Homer Croy responded that this was something that could be considered for next year's project. Councilman Spiegel noted that the two lowest bids were from Town and Country Tree Service in Barstow ($66,175) and Lavanega Landscaping & Tree Service in Palm Desert ($68,822). He asked why the Palm Desert business was not recommended by staff. Mr. Croy responded that staff typically recommends the lowest qualified bidder, which in this case was Town and Country. Mayor Pro Tem Kelly said the Council had at one time considered adoption of an ordinance relative to awarding bids to local firms. Councilman Crites noted that the Council had decided not to proceed with such an ordinance due to a variety of complex issues, including how to determine whether or not a firm is considered "local." Mayor Ferguson called for the vote, and the motion carried by a 5-0 vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 F. REQUEST FOR APPROVAL OF ON -CALL PROFESSIONAL LANDSCAPE PLAN CHECK SERVICES FOR THE DEPARTMENT OF PUBLIC WORKS (CONTRACT NOS. C25110A-C). Councilman Crites moved to, by Minute Motion, authorize the City Manager to execute agreements with recommended consultants for the subject services: 1) Lori A. Gavitt, Palm Desert, California; 2) Community Works Design Group, Riverside, California; 3) David Evans & Associates, Palm Desert, California — funds are available in Account No. 110-4300-413-3010. Motion was seconded by Spiegel and carried by a 5-0 vote. G. REQUEST FOR APPROVAL OF COST DISTRIBUTION AGREEMENT WITH STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR THE TRAFFIC SIGNAL AT STATE ROUTE 74 AND SHADOW MOUNTAIN DRIVE (CONTRACT NO. C25120). Upon question by Councilman Spiegel as to when this signal might go in, Transportation Engineer Mark Diercks responded that the project would probably go out to bid about two weeks after the contract is signed. It was anticipated that the signal would be completed by the end of summer. Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute the subject agreement for maintenance of the subject traffic signal. Motion was seconded by Kelly and carried by a 5-0 vote. H. REQUEST FOR APPROVAL OF FUNDING FOR DESIGN, PRODUCTION, AND INSTALLATION OF A BILLBOARD ON INTERSTATE 10 FORA ONE- YEAR PERIOD (CONTRACT NO. C25130). Mayor Ferguson noted that he would recuse himself on this matter, as he represented the billboard company in his law practice. Councilman Spiegel moved to, by Minute Motion: 1) Approve the design, production, and installation of a billboard eastbound on Interstate 10 between Date Palm and Bob Hope Drives for a one-year period; 2) appropriate funds in an amount not to exceed $73,000 from the Unobligated Citywide Business License Fund for this purpose; 3) authorize the City Manager to enter into a one-year contract for billboard rental services. Motion was seconded by Crites. Mayor Pro Tem Kelly said he was opposed to billboards and felt they did not serve any purpose except as a blight on the community. While he realized it would be of value to the City of Palm Desert, it was difficult for him to campaign against billboards for years and then turn around and vote in favor because of the benefit to the City; therefore, he would vote against this motion. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 Councilmember Benson agreed and said she, too, was opposed to billboards. Although she was in favor of helping the Visitor Center, she did not feel there was any way to judge whether or not individuals visited the Center because they saw the billboard. Councilman Spiegel noted that this was not for a new billboard and was actually an ad that would be placed on a billboard that already exists. Councilman Crites said he faced the same quandary. He said he did not like billboards and had never voted in favor of one; however, this would be on an existing billboard and would benefit the City of Palm Desert. He said for him this was a very close call, and he very much respected the opinions of his colleagues on the other side. In response to Councilmember Benson's comment, Councilman Spiegel noted that visitors could be asked whether they came to the Center as a result of the billboard. Councilman Crites said he felt this was not a good way to accurately measure data. On a tie vote of 2-2 (Councilmen Crites and Spiegel voting AYE, Councilmember Benson and Mayor Pro Tem Kelly voting NO, Mayor Ferguson ABSENT), NO ACTION was taken on the motion. I. CONSIDERATION OF THE INITIATION OF PROCEEDINGS TO RE-FORM THE PRESIDENTS' PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT. Mayor Ferguson recused himself on this matter, as his law office was located at the Presidents' Plaza III parking lot. Mr. Ortega reviewed the staff report and recommendation and noted that staff was available to answer any questions. Upon question by Councilman Spiegel, Senior Management Analyst Martin Alvarez responded that, if approved by Council, ballots would be sent out to affected businesses, with a public hearing scheduled for June 8, 2006. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 Councilman Crites moved to waive further reading and adopt: 1) Resolution No. 06-45, initiating proceedings for the formation of Presidents' Plaza III Property and Business Improvement District; 2) Resolution No. 06-46, describing the proposed improvements and services, and approving the Preliminary Management District Plan for said District; 3) Resolution No. 06-47, granting preliminary approval of the Engineer's Report regarding formation of said District; 4) Resolution No. 06-48, declaring the intention to form the Presidents' Plaza III Property and Business Improvement District, the levy of assessments, and the call for an assessment ballot proceeding to submit to the qualified property owners within such district the question of levying such assessments commencing with Fiscal Year 2006/07. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Ferguson ABSENT. Councilmember Benson asked, as the other Presidents' Plaza districts are redone, that consideration be given to the issue of underground trash containers and increasing the capacity to help resolve the problem of businesses stacking trash on top of full containers. J. REQUEST FOR APPROVAL OF THE INSTALLATION OF A DISC GOLF COURSE AT THE PALM DESERT SOCCER PARK LOCATED ON HOVLEY LANE. Mr. Ortega noted the staff report and recommendation in the packets. Councilman Spiegel moved to, by Minute Motion: 1) Approve the installation of a disc golf course at Palm Desert Soccer Park located on Hovley Lane; 2) allocate an amount not to exceed $6,000 from the Park Maintenance Fund, Account No. 110-4611-453-3320 for this purpose, with the caveat that Palm Desert will be the first city in the Coachella Valley with a disc golf course. Motion was seconded by Kelly and carried by a 5-0 vote. K. REQUEST FOR APPROVAL OF THE CONSOLIDATION OF TWO EXISTING AGREEMENTS FOR IN-HOUSE SUPPLEMENTAL ENGINEERING SUPPORT INTO NEW CONTRACT FOR EXPANDED SCOPE OF WORK (CONTRACT NO. C25140). Councilmember Benson moved to, by Minute Motion, replace Contract Nos. C24830 and C24070A with Joseph S. Gaugush, P.E., with the subject contract to expand the scope of professional services provided and change the hourly rate accordingly. Motion was seconded by Crites and carried by a 5-0 vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 XI. CONTINUED BUSINESS A. CITY COUNCIL REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION DECISION, DENYING A REQUEST FOR APPROVAL OF 14-FOOT HIGH SOUND BARRIER WALL SYSTEM (GLASS BLOCK TYPE) AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND PAINTER'S PATH (72-191 HIGHWAY 111), PALM DESERT Case No. MISC. 06-04 (South Beach Restaurant & Nightclub, Applicant) (Continued from the meetings of March 9 and March 23, 2006). Mr. Erwin asked that the Council continue this matter to its next meeting. Councilman Spiegel moved to, by Minute Motion, continue this matter to the meeting of April 27, 2006. Motion was seconded by Kelly and carried by a 5-0 vote. B. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 9, 2006 (Continued from the meeting of March 23, 2006). Councilman Spiegel moved to, by Minute Motion, approve the Minutes of the March 9, 2006, meeting as presented. Motion was seconded by Kelly and carried by a 5-0 vote. C. REVIEW OF INTERPRETATION OF SECOND UNIT SIZE LIMITATION LANGUAGE (Continued from the meeting of March 23, 2006). Mr. Drell noted his report in the packets and asked for Council direction. Councilman Crites asked that staff take two homes (one 2,000 square foot, one 4,000 square foot) and explain to him exactly how the two would end up different under the two interpretations of the City's ordinance as outlined in Mr. Drell's March 23`d staff report. Mr. Drell said he had used the example of two 4,000 square foot homes in that report, which he then explained in detail. The difference in allowed square footage for the second unit would depend on whether it was included in the existing dwelling or added as a detached unit. Upon question by Mayor Pro Tem Kelly, Mr. Drell responded that the floor area of a second unit could not exceed 35% of the floor area of the original unit; however, there was a minimum of 450 square feet, even if that minimum resulted in a higher percentage of floor area. Mayor Pro Tem Kelly stated that he interpreted the ordinance to mean that if the inside of the house was remodeled to include a second unit, when that remodeling was complete, the measurement would be whatever the second 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 unit was against what was left. Mr. Drell said that was another way to interpret the ordinance. He said the confusion was in the language that said "originally permitted and constructed primary unit." He suggested that Council might want to remove this language in order to clear up the ambiguity. Councilman Crites asked whether Mr. Drell would be comfortable with Mayor Pro Tem Kelly's interpretation if the language of the ordinance was clarified, and Mr. Drell agreed. Mayor Pro Tem Kelly moved to, by Minute Motion, direct staff to initiate the Code Amendment process to provide clarification to the language regarding Second Units. Motion was seconded by Spiegel and carried by a 5-0 vote. D. ORDINANCE NO. 1115 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING ORDINANCE NOS. 741 AND 761, THEREBY REVOKING THE THROUGH COMMERCIAL VEHICLE PROHIBITION ON FRED WARING DRIVE AND DESIGNATING WASHINGTON STREET AND DINAH SHORE DRIVE AS TRUCK ROUTES (Continued from the meeting of March 23, 2006). Mayor Ferguson noted that the Council had heard from a large number of residents over the last few weeks and had received comments from its neighboring city. He said staffs recommendation at this point was to continue this item indefinitely. He added that at the last meeting, Council's recommendation was to have this matter go through CVAG's Transportation Committee for a regional commercial transportation system and how it operates throughout the Valley and then take a look at that Committee's recommendation as to whether or not it includes Fred Waring. Upon question by Councilman Crites, Transportation Engineer Mark Diercks confirmed that it was not yet known what the City of Indian Wells would do with regard to designating its portion of Fred Waring Drive as a truck route and that this matter was not yet ready for a vote of the City Council. Mayor Ferguson invited testimony from members of the audience. MS. ERICA OSTROM, representing Assemblywoman Bonnie Garcia, saki that commercial trucking routes in local cities and communities affect everyone, whether one is dealing with the industry, a community representative, or simply a resident. Solutions need to be found that work for everyone. In that spirit, Assemblywoman Garcia authored Assembly Concurrent Resolution 23, which was approved unanimously in the Assembly and Senate. She read a brief statement about ACR 23: "Everyone has a stake in commercial transportation. Most items in our home at some point 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 traveled via truck. The best interests of all citizens demand that the movement of goods is promoted through the use of safe, environment - friendly, and direct route through communities. As local communities struggle with the issue of growth, they grapple with increased traffic congestion that often results in restrictions to the free flow of commercial truck traffic on main arterials. In many cases, arterial streets are the shortest and most efficient route for commercial traffic. When these routes are taken away, it creates traffic problems in other areas already under increasing traffic pressures. When more trucks are added to an already congested area, it results in decreasing the safety of the traveling public, increasing air pollution, and shifting both the congestion and the air pollution to other areas. Longer routes bring up another issue — the cost of fuel. At four to five miles per gallon, it becomes a higher cost that will have to be passed on to us, the consumers, making our state less competitive and attractive to business, impacting jobs in the very communities seeking to address traffic congestion. This practice threatens the livelihood of professional drivers through both time lost and increased potential for accidents. To begin to address this issue, I authored Assembly Concurrent Resolution 23 (ACR23), which was approved by both houses of the California Legislature last summer. What is needed is for the State Department of Transportation, jurisdictional transportation agencies, and local communities to work closely together to provide the most direct and safest routes for trucking. The Resolution specifically asks that localities start implementing through truck routes on main arteries in their master plans. We in the State Legislature make it a priority to work with local governments to find effective solutions to their issues of growth. ACR 23 makes very clear the intent of the Legislature to encourage cooperation in addressing the core issues of commercial trucking. Sincerely, Bonnie Garcia, Assemblywoman, 80th District." Ms. Ostrom also expressed Assemblywoman Garcia's appreciation to the City for continuing to work with industry leaders and to take into account all perspectives and all needs in this area. Councilman Crites said he and his colleagues were appreciative of Assemblywoman Garcia's support for the Council doing its business. He asked whether the trucking industry had been involved in the Assemblywoman's reelection campaign. MS. OSTROM responded that as a State employee, she was not involved in the Assemblywoman's campaign activities and, therefore, could not answer that question. The following individuals spoke in OPPOSITION to this ordinance because of safety issues, disturbance to residents, weight and size of the trucks, noise, and damage to roadways: 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 MS. HELEN JANE ENGELS, resident of Aster Drive, Palm Desert, representing a number of residents living close to Fred Waring Drive. She said she had mailed to the City Clerk a petition signed by many residents in opposition to the ordinance. MR. OTTO KERTSCHER, resident of Florida Avenue, Palm Desert. MS. TRACY BELL, resident of California Drive, Palm Desert. MR. CHRIS MOOK (sp?) MR. ALAN SCHIFF, resident of Via Amormio, Palm Desert MS. GINA DEL FUOCO, resident of Florida Avenue, Palm Desert, expressed concem that the current regulations are not being enforced, as there is already truck traffic on Fred Waring between 9 p.m. and 9 a.m., and she felt passage of this ordinance would only make the problem worse. In addition, she felt lifting the ban on Fred Waring between Cook Street and Monterey would only encourage later lifting the ban from California to Washington. On a different subject, she was concerned that not many residents on Florida Avenue were aware that the City had made a decision not to implement the plan to install a sidewalk on Florida Avenue, and she was disappointed with that decision. Upon question by Councilman Crites, Mr. Diercks responded that staff would like this entire matter continued so that a more in-depth report can be prepared and brought back to the Council. Upon question by Councilman Spiegel, he said staff would also work with CVAG. Councilman Spiegel asked staff to also look into the issue of the sidewalk on Florida Avenue. Mayor Pro Tem Kelly said it was his understanding that residents on Florida Avenue did not want the sidewalk. Councilman Crites moved to, by Minute Motion: 1) Continue this matter indefinitely; 2) direct staff to work with CVAG's Transportation Committee on any future issues; 3) direct staff to look into the Florida Avenue sidewalk issue. Motion was seconded by Spiegel and carried by a 5-0 vote. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF CONTRACT AMENDMENT NO. 1 TO CONTRACT NO. C24350 — CURB, GUTTER, AND CROSS GUTTER REPAIR PROGRAM. Councilman Crites moved to, by Minute Motion, approve Contract Amendment No. 1 in the amount of $77,122 to the subject contract with Contreras Construction Company, Indio, Califomia, to include four additional locations in the subject program. Motion was seconded by Spiegel and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF ACTIONS RELATED TO FORMATION OF THE PALM DESERT HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01. Special Projects Administrator Patrick Conlon noted his staff report and recommendation in the packets, offering to answer any questions. He stated these resolutions were necessary to start the 45-day balloting process for this assessment district. Councilman Crites moved to waive further reading and adopt: 1) Resolution No. 06-49, declaring the intention to order improvements for proposed Highlands Utility Undergrounding Assessment District No. 04-01 and approving and adopting a modified boundary map in connection therewith; 2) Resolution No. 06-50, Approving the Engineer's Report for the Highlands Utility Undergrounding Assessment District No. 04-01 and setting a time and place for hearing protests and calling a hearing pursuant to Section 12.12.020 of the Palm Desert Municipal Code. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Spiegel ABSENT. C. CONSIDERATION OF SCULPTURE PROPOSALS FOR THE PALMA VILLAGE NEIGHBORHOOD PARK. Mr. Ortega noted the staff report and recommendation included in the packets. He stated the City's Public Arts Manager was available to answer any questions. Councilman Spiegel said he felt the Palma Village Neighborhood Park was a very passive area where people could take a book or the Sunday newspaper, sit on the bench, and read. He said he did not know that any of these proposed sculptures were really appropriate for that kind of situation. Councilmember Benson noted this was discussed at the Art In Public Places Commission meeting, and it was felt The Runner was meant for a pocket park for kids to interact with, and it seemed it was the most appropriate piece to put in the pocket park. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 Upon question by Mayor Pro Tem Kelly, Councilman Spiegel said he felt Hanging Around would fit better than any of the others. Mayor Pro Tem Kelly said he would vote for Hanging Around. Councilmember Benson said it was her understanding there had been quite a bit of graffiti in the park, and she felt something needed to be done to discourage graffiti before a piece of art is installed. Upon question by Councilman Crites, Public Arts Manager Richard Twedt responded that the Art In Public Places Commission had looked at ten different art pieces, and the three before the City Council were the ones that received the most votes. Upon further question, he noted that the Commission seemed to favor The Runner over the other two pieces. He added that all ten of the sculptures were presented to the Parks & Recreation Commission, and these three options also received the most votes. He said staff had presented several different types of fountains to the Commission, but they were not well -received. In response to concern raised by Councilmember Benson, he agreed there was a lot of graffiti in that park, and he also was concerned that if a bronze piece of art is installed and is then "tagged," the patina would have to be redone, which was a major process and cost. He noted the possibility of putting some type of protective sealant on the piece. He said there had been some vandalism to the Mother and Child piece; however, as far as the other pieces, there had not been any graffiti of the art in the Civic Center Park or on El Paseo Councilmember Benson suggested that consideration be given to installing benches in that area so that people could sit down. She said perhaps there might be a piece of art that was like a bench. Mr. Twedt stated that in this area, there were already several benches ringing the circular area where the art component would be installed. Councilman Crites noted with regard to vandalism of the Mother and Child sculpture, it was, in part, caused by the fact that it is one of the few pieces that kids play on. With bronze being a maintenance issue if the artwork is "tagged," he asked if there were other options for an artistic treatment in the park that would not lend itself toward vandalism. Mr. Twedt responded that he would suggest perhaps a call for entries or a competition to obtain an art piece that would be made of a different material; although, there was nothing that was graffiti -proof. Councilman Crites asked if there was any value in having the artist consider that issue in the creation of the piece. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 Mr. Twedt responded that it would probably not be a free-standing sculpture and would be some other type of variation that would have other kinds of elements versus stone, rock, or metal — perhaps some type of garden element that an artist would design. He noted there was a really small budget of $10,000, which made it more difficult to locate a suitable piece. He added that he had visited approximately 14 galleries looking for artwork that would be appropriate for this site. Since there is not a lot of activity in this park, the art becomes somewhat vulnerable. Councilmember Benson asked how much The Dreamer cost, since that was a piece that allowed children to interact with the art. Mrs. Gilligan responded that it was approximately $50,000. Councilmember Benson moved to, by Minute Motion, refer the matter back to the Art In Public Places Commission for consideration of an appropriate artwork component that would provide opportunity for public interaction. Motion was seconded by Spiegel and carried by a 5-0 vote. XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) WITH GREGORY & GREGORY, LLC, AND SUMMARY REPORT FOR 0.14 ACRES LOCATED AT 74-039 SAN MARINO CIRCLE, PALM DESERT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted the staff report and recommendation in the packets and offered to answer any questions. He noted the purpose of the public hearing was to see if there were objections from members of the public. Mayor/Chairman Ferguson 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/Member Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 06- 37A, approving the sale by the Palm Desert Redevelopment Agency to Gregory & Gregory, LLC, Palm Desert, California, of approximately 0.14 acres of real property on a parcel located on San Marino Circle, Palm Desert, California; 2) Redevelopment Agency Resolution No. 522A, approving the sale to Gregory & Gregory, LLC, Palm Desert, California, of approximately 0.14 acres of real property on a parcel located on San Marino Circle, Palm Desert, California. Motion was seconded by Crites and carried by a 4-0 vote, with Mayor Pro TemNice Chairman Kelly ABSENT. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 B. CONSIDERATION OF THE APPROVAL OF THE ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT. Mr. Ortega noted the staff report and recommendation in the packets. Upon question by Mayor Pro Tem Kelly, Senior Management Analyst Martin Alvarez responded that ballots had been received from affected property owners. He recommended that the public hearing be opened for testimony from property owners and that staff then be directed to count the ballots and come back with the results. Mayor Ferguson declared the public hearing open and invited testimony in FAVOR or in OPPOSITION to this matter. MR. JIM DEMETRIOU, 73-140 Highway 111, Palm Desert, said he had reviewed the City's plans for the parking, and he was surprised how little benefit the property owners would receive for the costs of maintaining it. He said the answer he received from City staff was that more building could be added onto the properties because of the additional parking; however, that did not mean anything to him because his property is built out as well as it should be. He expressed concern with the vertical parking, which meant people would have to back out into traffic. He said he was opposed to widening Alessandro unless it includes a parking structure to make it easier for people to drive out of the area. With Council concurrence, Mayor Ferguson left the public hearing open to allow staff time to count the ballots and report the results of the property owner ballot proceeding. City Clerk Rachelle Klassen declared the results of the balloting as follows: YES votes = $10,694.76 (60%); total number of ballots 12 NO votes = $ 7,109.82 (40%); total number of ballots 5 Total Valuation = $17,804.58 (100%) 1 invalid ballot With no further testimony offered, Mayor Ferguson declared the public hearing closed. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 Councilman Crites moved to waive further reading and adopt: 1) Resolution No. 06-51, declaring the results of the property owner protest proceeding for the formation of the Alessandro Alley Property and Business Improvement District; 2) Resolution No. 06-52, approving and/or amending the Engineer's Report regarding formation of said District; 3) Resolution No. 06-53, approving the Final Management District Plan for said District, Fiscal Year 2006/07; 4) Resolution No. 06-54, ordering formation of the Alessandro Alley Property and Business Improvement District, and the levy and collection of assessments for FY 2006/07. Motion was seconded by Spiegel and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW A 10,521 SQUARE FOOT, SINGLE-FAMILY HOME WITHIN THE HILLSIDE PLANNED RESIDENTIAL ZONE — PROPERTY LOCATED AT 623 INDIAN COVE, WITHIN THE CANYONS AT BIGHORN (APN 771-480-004) Case No. PP/HPD 06-03 (Rick Somers Construction, Inc., Applicant). Assistant Planner Ryan Stendell reviewed the staff report and offered to answer any questions. In response to question, he provided assurance that the project would meet the specified conditions. Mayor Ferguson said the City had been looking at energy efficiency and how to treat homes that are in excess of 4,000 square feet. He asked if there were any conditions of approval requiring energy efficiency implementation measures. Mr. Stendell responded that the last Community Development condition of approval stated that the project shall comply with energy efficiency mitigation measures required by the City's Office of Energy Management. Upon further question by Mayor Ferguson, he said the applicant was aware of what that condition entailed, had been in contact with the City's Office of Energy Management, and would comply with the condition. Mayor Ferguson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MR. TYLER GALLADETTE (sp?), Rick Somers Construction, Inc., 2413 Camino del Myer, Del Mar, California, offered to answer any questions. With no further testimony offered, Mayor Ferguson declared the public hearing closed. Mayor Pro Tem Kelly moved to waive further reading and adopt Resolution No. 06-55, approving a Precise Plan of Design to allow construction of a 10,521 square foot, single-family home within the Hillside Planned Residential Zone. Motion was seconded by Spiegel and carried by a 5-0 vote. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 XIV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK Mrs. Klassen noted the Multi -Agency Library's 10th Anniversary Celebration event being held next Wednesday evening, April 19, from 6:00 p.m. to 8:00 p.m. D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Consideration of an Appropriate Memorial for Cap Homme (Councilman Buford A. Crites). With City Council concurrence, staff was authorized to proceed with acquiring an appropriate memorial plaque to be sited at the trailhead area of Homme/Adams Park, commemorating Mr. Homme's background and contributions to the City of Palm Desert over the years, including service on the City Incorporation Committee. 2. Energy Efficiency - Colleae of the Desert — Councilman Crites asked staff to communicate with College of the Desert about its renovation plans to see where measures incorporating energy efficiency can be implemented. He noted that the College's energy use contributed to Palm Desert's overall 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 consumption, and whatever efficiency that could be achieved would benefit the City overall. o City Council Committee Reports: 1. Coachella Valley Animal Campus — Councilmember Benson reported that since the facility opened in February, the Campus had facilitated 742 adoptions and 87 animals cared for in foster homes. There will be a Countywide Adopt-a-thon event May 5-7, with many activities and demonstrations being hosted at the Campus at that time. She asked her colleagues to commit to spending some time at the Campus that Saturday or Sunday to show the City's support for the facility and to get that information to her so she could convey it to the staff at the Campus. o City Council Comments: 1. Councilman Crites thanked the Police Department and Deputy Bishop for hosting him during a ride -along this week. He found it extremely informative and appreciated the excellent work being done by Palm Desert Police. 2. Councilman Crites took note of the fact that at the last City Council Meeting, the City of Palm Desert was the first Coachella Valley city to adopt the Multiple Species Habitat Conservation Plan. XV. ORAL COMMUNICATIONS - C None XVI. ADJOURNMENT Councilman Spiegel moved to adjourn the meeting at 5: 3 p.m. Motion was seconded by Crites and carried by a 5-0 vote of the Coun . JIM F" •SON, MAYOR ATTEST: Marae RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 22