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HomeMy WebLinkAbout2006-01-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 26, 2006 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Pro Tem Kelly convened the meeting at 3:00 p.m. II. ROLL CALL Present: Excused Absence: Councilmember Jean M. Benson Chairman Jim Ferguson Councilman Buford A. Crites (arrived at 4:14 p.m.) Councilman Robert A. Spiegel Mayor Pro Tem Richard S. Kelly 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/Acting Director of Public Works Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Acting Director of Special Programs David Avila, Fire Marshal, Palm Desert/Riverside County Fire Dept./CDF Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Request for Closed Session: NOTE: THE FOLLOWING CASE OF EXISTING LITIGATION WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(a): MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2006 a) Indian Springs, Ltd. v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 053903 Upon a motion by Spiegel, second by Benson, and 3-0 vote of the City Council, with Crites and Ferguson ABSENT, added one case of potential litigation pursuant to Government Code Section 54956.9(b). Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 + 1 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Party: Carlos L. Ortega/City of Palm Desert With City Council concurrence, Mayor Pro Tem Kelly adjourned the meeting to Closed Session at 3:01 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 VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 12, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 135, 138, 139, 140, 143, and 144. Rec: Approve as presented. C. AUDITED FINANCIAL REPORTS for the City of Palm Desert — FY Ending June 30, 2005. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2006 D. AUDITED FINANCIAL REPORTS for the City of Palm Desert Measure "A" Fund — FY Ending June 30, 2005. Rec: Receive and file. E. AUDITED FINANCIAL REPORTS for the Palm Desert Recreational Facilities Corporation — FY Ending June 30, 2005. Rec: Receive and file. F. REQUEST FOR APPROVAL of Reimbursement to Operators for Overpayment of Transient Occupancy Tax (T.O.T.) in Calendar Year 2004. Rec: By Minute Motion, approve reimbursement to operators for overpayment of T.O.T. in 2004 totaling $6,702.69. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Juan C. Castillo, Sylvia C. Castillo, and Jose R. Baez-Puerta for Pronto Food Mart & Mexican Grill, 78-010 Country Club Drive, Suite D, Palm Desert. Rec: Receive and file. H. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meetings of December 7, and December 20, 2005. 2. Youth Committee Meeting of December 6, 2005. Rec: Receive and file. I. LETTER OF RESIGNATION from Dr. Roger Dash — Housing Commission. Rec: Receive with very sincere regret. J. REQUEST FOR APPROVAL of Funding for Emergency Service Satellite Telephones. Rec: By Minute Motion, approve the appropriation of $5,600 from the Unobligated General Fund to provide for the purchase, service activation, and annual service for four (4) handheld satellite telephones for Members of the City Council. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2006 K. REQUEST FOR AUTHORIZATION to Develop Agreement with the Joslyn Senior Center to Provide Lawn Bowling (Contract No. C24790). Rec: By Minute Motion: 1) Authorize staff to develop the subject agreement with the Joslyn Senior Center to assist in continuing to provide Lawn Bowling at the Center beginning in FY 2006/07; 2) allocate $10,000 annually from the Civic Center Park Contracting Account, No. 110-4610-453-3092, for this purpose. L. REQUEST FOR AWARD OF CONTRACT for Janitorial Services at the Palm Desert Civic Center (Contract No. C24800). Rec: By Minute Motion, award the subject contract to American General Services Group, Inc., Rancho Cucamonga, California, in the amount of $2,117.64/month for nightly janitorial services Monday -Friday — funds are available in Account No. 110-4340-413-3090. M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20210A— Intersection Improvements at Desert Crossing and Highway 111 (Granite Construction Company, Indio, 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. N. REQUEST FOR DECLARATION of Surplus Property and Authorization for Appropriate Disposal (Computer Hardware and Miscellaneous Electronic Equipment). Rec: By Minute Motion, declare items listed on the accompanying staff report (Exhibit "A") as surplus property and authorize its disposal. Upon a motion by Spiegel, second by Benson, and 3-0 vote of the City Council, with Crites and Ferguson ABSENT, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2006 VIII. RESOLUTIONS A. RESOLUTION NO. 06-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MANAGEMENT AGREEMENT WITH KEMPER SPORTS MANAGEMENT, INC. - DESERT WILLOW GOLF RESORT (CONTRACT NO. C24810). Mr. Ortega called attention to the staff report provided for this item, adding that staff recommended continuing to contract with Kemper Sports Management for management of both the restaurant and golf operations at Desert Willow. Further, he said the actual agreement was provided, which had been reviewed by the Agency's Legal Counsel. Councilmember Benson noted that although it had been talked about for several years, she wondered when the actual project for enlarging or enhancing the reception/bar area would be initiated. She felt it was time to do something like that to accommodate the types of parties and events hosted there to lessen some of the congestion. Mr. Yrigoyen responded that staff had begun looking at how things could be moved around and how the bar area could be expanded. However, one of the issues awaiting resolution was securing a hotel property at the Golf Resort and how that would affect Clubhouse operations. He said waiting to expand until the hotels came in was a recommendation made by the Agency's consultant, PriceWaterhouseCoopers LLP. Additionally, he said they were also taking a look at what could be done with the Intrawest site there to see how some of the items could be moved into that area. Note: Councilman Crites arrived at 4:14 p.m. Councilmembers concurred that staff should proceed and not wait any longer to make plans for expanding/reconfiguring the reception/bar area. Councilman Spiegel moved to waive further reading and adopt Resolution No. 06-11 and to further direct staff to proceed with making plans to enlarge/reconfigure the reception/bar areas at the Desert Willow Clubhouse. Motion was seconded by Benson and carried by a 3-0-1 vote, with Crites ABSTAINING and Ferguson ABSENT. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2006 B. RESOLUTION NO. 06-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO THE PALM DESERT YOUTH COMMITTEE AND RESCINDING RESOLUTION NOS. 02-11 AND 04-12. Councilman Spiegel moved to waive further reading and adopt Resolution No. 06-12. Motion was seconded by Benson and carried by 4-0 vote, with Ferguson ABSENT. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1108 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO ZONING ORDINANCE CHAPTER 25.30 RELATING TO SUPERMARKETS HAVING 50,000 SQUARE FEET OR LESS IN THE PC(3) ZONE Case No. ZOA 05-04 (City of Palm Desert, Applicant). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1108. Motion was seconded by Crites and carried by 4-0 vote, with Ferguson ABSENT. X. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO PURCHASE AND INSTALL PEDESTRIAN COUNTDOWN SIGNALS ON EL PASEO. Councilman Spiegel moved to, by Minute Motion, authorize the purchase of 36 pedestrian countdown signals in an amount not to exceed $20,000 — funds are available in Account No. 110-4250-433-3325. Motion was seconded by Crites and carried by 4-0 vote, with Ferguson ABSENT. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2006 B. CONSIDERATION OF AMENDING GUIDELINES FOR THE FACADE ENHANCEMENT PROGRAM (FEP) TO INCLUDE PARCELS WITH FRONTAGE ON THE WEST SIDE OF HIGHWAY 74 BETWEEN EL PASEO AND HIGHWAY 111 AND APPROVAL OF FEP FUNDS TO WJG PARTNERS, LLC, FOR "THE CROSSROADS CENTER" LOCATED AT 73-030 EL PASEO. Councilmember Benson moved to, by Minute Motion: 1) Amend the guidelines of the FEP to include parcels with frontage on the west side of Highway 74 between El Paseo and Highway 111; 2) approve $80,000 in FEP consideration funds to WJG Partners, LLC, for "The Crossroads Center" located at 73-030 El Paseo — funds are available in Account No. 400-4800-454-3875. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 9 (CONTRACT NO. C24680, PROJECT NO. 909-06). Councilman Crites moved to, by Minute Motion, award the subject contract to Vintage Landscape, Inc., Bermuda Dunes, California, in the amount of $65,580—funds are available in Account No. 110-4611-453-3320. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. D. REQUEST FOR RATIFICATION OF AGREEMENT FOR ON -CALL ENGINEERING PLAN CHECK SERVICES (CONTRACT NO. C24820). Councilman Spiegel moved to, by Minute Motion: 1) Ratify the City Manager's authorization to hire Harris and Associates, Palm Desert, California, to conduct on -call plan check services (supplemental engineering support) up to a maximum of $10,000; 2) authorize the Mayor to execute an agreement for additional services up to $30,000 (total authorization not to exceed $40,000) — funds are available in Account No. 110-4300-413-3010. Motion was seconded by Benson and carried by 4-0 vote, with Ferguson ABSENT. E. REQUEST FOR RATIFICATION OF AUTHORIZATION FOR IN-HOUSE SUPPLEMENTAL ENGINEERING SUPPORT FOR PUBLIC WORKS DEPARTMENT (CONTRACT NO. C24830). Councilmember Benson moved to, by Minute Motion: 1) Ratify the City Manager's authorization to hire Joseph Gaugush, P.E., Palm Desert, California, on an emergency basis to provide in-house supplemental engineering support for the Public Works Department up to a maximum of $20,000; 2) authorize the Mayor to execute an agreement for additional services in an amount not to exceed $30,000 (total authorization not to exceed $50,000) — funds are available in Account No. 110-4300-413-3010. Motion was seconded by Crites and carried by 4-0 vote, with Ferguson ABSENT. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2006 Xl. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF GRANT FUNDING FOR PALM DESERT PRESBYTERIAN PRESCHOOL AND KINDERGARTEN FROM THE CITY'S CHILD CARE DEVELOPMENT FEES FUND 228 FOR PLAYGROUND AND FACILITY IMPROVEMENTS (Continued from the meeting of January 12, 2006). Mr. Ortega commented that a staff recommendation had been provided for this item. In answer to question, he affirmed the recommended amount of funding was now a little over $13,000. Councilman Spiegel moved to, by Minute Motion, approve grant funding in the amount of $13,139.22 to Palm Desert Presbyterian Preschool and Kindergarten for playground improvements and plumbing upgrades. Motion was seconded by Benson and FAILED on a 2-2 vote, with Benson and Spiegel voting AYE, Crites and Kelly voting NO, and Ferguson ABSENT. Councilman Spiegel moved to continue the matter to the meeting of February 9, 2006. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 3 TO CONTRACT NO. C22300 — PROFESSIONAL DESIGN SERVICES FOR THE WIDENING OF COOK STREET BETWEEN FRANK SINATRA DRIVE AND FRED WARING DRIVE (PROJECT NO. 601-05). Councilman Spiegel moved to, by Minute Motion, approve Amendment No. 3 to the subject contract with Harris & Associates, Irvine, California, in the amount of $384,435 to expand the scope of services to include preparation of final plans, specifications, and estimate to widen Cook Street to six lanes between Frank Sinatra Drive and Fred Waring Drive —funds are available in the Cook Street Widening Account, No. 213-4385-433-4001. Motion was seconded by Kelly and carried by 4-0 vote, with Ferguson ABSENT. B. CONSIDERATION OF THE EXTENSION OF THE TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES. Councilman Spiegel moved to, by Minute Motion, continue this matter to Friday, February 3, 2006, at 10:00 a.m. for conducting a public hearing. Motion was seconded by Crites and carried by 4-0 vote, with Ferguson ABSENT. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2006 XIII. PUBLIC HEARINGS None XIV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK Mrs. Klassen reminded the City Council to adjourn today's meeting to Friday, February 3, 2006, at 10:00 a.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 the Appointment of a New Alternate Delegate to the Riverside County Transportation Commission (RCTC) (Mayor Pro Tem Richard S. Kelly). Mayor Pro Tem Kelly said he would be absent for the RCTC's next meeting. Councilman Spiegel is the designated alternate representative but cannot attend either; however, Mayor Ferguson had agreed to attend. He felt it would be appropriate for the City Council to take an official action to recognize this substitution. In answer to question, he said it would also be appropriate to make Mayor Ferguson the City's permanent designated alternate representative to the RCTC. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2006 Councilman Crites moved to, by Minute Motion, appoint Mayor Ferguson to be the permanent designated alternate representative to the Riverside County Transportation Commission. Motion was seconded by Spiegel and carried by 4-0 vote, with Ferguson ABSENT. o City Council Committee Reports: 1. Coachella Valley Animal Campus Commission — Councilmember Benson reminded everyone of the Animal Campus Soft Opening on February 9 at 10:30 a.m. 2. Palm Desert Golf Cart Parade — Councilman Spiegel presented Mayor Pro Tem Kelly with a plaque from the Palm Desert Golf Cart Parade, recognizing the City as a title sponsor for the event. 3. Palm Springs Desert Resorts Convention & Visitors Authority (CVA) — Councilman Spiegel noted that earlier today, CVA President Jeff Beckelman and his assistants made a presentation at City Hall to Palm Desert hoteliers and retailers about the new CVA and its marketing program. He said they were developing a new plan for the Authority, making sure every city is recognized in their planning process in order to generate additional business, retail sales, and hotel occupancy. However, the plan was still being developed, with its announcement planned for late February. He went on to say it would soon be time for the City to make a decision on what it wanted to do about the CVA next year; he would continue attending meetings as the City's representative in a non -voting capacity, and he would continue to gather information, including that on the new marketing plan and how it will benefit Palm Desert. He will bring forward reports and developments as they become available and will seek a decision from his colleagues at the appropriate time. 4. SunLine — Mayor Pro Tem Kelly made note of the fact that SunLine has one of only four fuel cell, hydrogen -powered buses in the world, and it was also the only one of those that was actually serving a route--#50, which serves the City of Palm Desert. He pointed out that the unit was still in the development stage in order to eventually bring down the cost of such a bus for more mass transit applications; its initial price was $3 million. He remarked that for a mere $1.00 fare, you could catch a ride on this state-of-the-art bus at the stop across the street from City Hall. He went on to say that today's Press -Enterprise reported that the City of Riverside had just 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2006 installed a hydrogen fuel station, which the article said was the only one in the Inland Empire. However, SunLine has had one for two years, and it's gotten so much use, it's being replaced with a new one. He proposed that the City should consider having one of its own stations for the public's convenience. o City Council Comments: 1. Councilman Crites commented about a recent Los Angeles Times article, "Pets Find a Spot in Rescue Plans," a discussion about issues with emergency operations, earthquake preparedness, and what will be done with pets and animals under those circumstances. He felt the City's Risk Manager should look into such matters and consider what types of responses would be appropriate. He provided copies of the article to his colleagues and to staff. Councilmember Benson added that she felt the Animal Campus Commission should also consider this matter. 2. Councilman Crites reminded staff to be conscious of the timely delivery of agenda packet materials, especially in matters that have been the subject of considerable debate (i.e., Child Care Fees Grant Funding for Palm Desert Presbyterian Preschool & Kindergarten). 3. Councilman Crites congratulated Mr. Gibson and his staff in the Finance Department for the incredible comments and ratings he read in the financial reports about the City's operation. XV. ORAL COMMUNICATIONS - C None 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2006 XVI. ADJOURNMENT With City Council concurrence, Mayor Pro Tem Kelly adjourned the meeting to Closed Session at 4:32 p.m. He reconvened the meeting at 4:45 p.m., with no reportable action, and immediately adjourned to February 3, 2006, at 10:00 a.m. ATTEST: RACHELLE D KCASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA I(� 1 RICHARD S. KELLY, MAYOR PRO-T} WPORE 12