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HomeMy WebLinkAbout2006-09-28MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 28, 2006 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Ferguson convened the meeting at 3:04 p.m. II. ROLL CALL Present: Mayor Pro Tem Richard S. Kelly Councilman Robert A. Spiegel Mayor Jim Ferguson Excused Absence: Councilmember Jean M. Benson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Robert W. Hargreaves, Assistant 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 Joseph S. Gaugush, City Engineer Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs Steve Thetford, Chief of Police/Palm Desert Police/Riv. Co. Sheriffs Dept. Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Walt Holloway, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./CDF Grace L. Mendoza, Deputy City Clerk r MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2006 III. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs, Ltd., v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 053903 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 With City Council concurrence, Mayor Ferguson adjourned the meeting to Closed Session at 3:05 p.m. He reconvened the meeting at 4:02 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 September 14, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 43, 44, 46, 50, 54, 57, 58, and 59. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meeting of June 26, 2006. 2. Parks & Recreation Commission Meeting of July 5, 2006. 3. Public Safety Commission Meeting of June 14, 2006. 4. Youth Committee Meeting of July 18, 2006. Rec: Receive and file. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2006 D. RESIGNATION of Dixie Proulx — Audit, Investment & Finance Committee. Rec: Receive with very sincere regret. E. LETTER OF RESIGNATION from Carrie McLeod — Housing Commission. Rec: Receive with very sincere regret. F. REQUEST FOR APPROVAL of a Contract to Install, Maintain, and Store the City's Holiday Decorations (Contract No. C25800). Rec: By Minute Motion, authorize the City Manager to enter into the subject agreement with The Jarvis Company, Brentwood, California, in the amount of $10,526.88. G. REQUEST FOR APPROVAL of the Purchase of Two Zoll Cardiac Monitors for the Town Center and Mesa View Fire Stations. Rec: By Minute Motion: 1) Approve the expenditure of $40,268 for the subject purchase from State Indian Gaming Grant Funds of $49,000 received by the City; 2) approve estimated revenue and appropriations of $40,268 for this purpose. H. REQUEST FOR APPROVAL of the Purchase of Compressed Natural Gas (CNG) Fuel for Fleet Vehicles. Rec: By Minute Motion, approve the subject purchase from SunLine Services Group, Thousand Palms, California, as an alternative source. I. REQUEST FOR APPROVAL of the Palm Desert ATHENA Scholarship Award Agreement (Contract No. C24301). Rec: By Minute Motion, approve the subject agreement between the City of Palm Desert and California State University, San Bernardino, to establish the Palm Desert ATHENA Scholarship Fund. J. REQUEST FOR APPROVAL of an Agreement for Support Services for the City's Three Websites: E-Government, Tourism, and Art In Public Places (Contract No. C25810). Rec: By Minute Motion, approve the subject agreement with Sitewire Marketspace Solutions, LLC, Tempe, Arizona. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2006 K. REQUEST FOR APPROVAL of Second Amendment to the Agreement for Law Enforcement Services Between the County of Riverside and the City of Palm Desert (Contract No. C22012). Rec: By Minute Motion, approve of the subject Second Amendment and authorize the Mayor to execute same. L. REQUEST FOR APPROVAL of Out -of -State Travel for the National League of Cities' Afterschool Leadership Academy. Rec: By Minute Motion, approve the subject out-of-state travel for the Senior Management Analyst/Community Services to attend the National League of Cities Afterschool Leadership Academy, which is scheduled to be held in Denver, Colorado, October 17-18, 2006 — funds are available in Account No. 110-4416-414-3061 to cover partial expenses for accommodations and other incidentals associated with this request, no additional appropriation is required. M. REQUEST FOR WAIVER OF FEES for the Historical Society of Palm Desert's 7`h Annual Ed Mullins Picnic in the Park. Rec: By Minute Motion, waive fees associated with the subject event scheduled to be held on Sunday, March 25, 2007, in Pavilion #1 at the Palm Desert Civic Center Park. N. REQUEST FOR APPROVAL of Amendment to Community Development Block Grant (CDBG) Subrecipient Agreements with ABC Recovery Center for FY 2004/05 and FY 2005/06 (Contract Nos. C23050K2 and C23730A1). Rec: By Minute Motion, approve of the subject Agreement Amendments, extending the term of each to June 30, 2007, for the respective capital improvement projects, and authorize the Mayor to execute same. O. REQUEST FOR DECLARATION of Surplus Property and Authorization of Exchange of Property for Services to Disassemble and Remove Existing Modular Partitions. Rec: By Minute Motion, declare eight (8) existing partition units and accompanying accessories in the North Wing of City Hall as surplus property, and authorize staff to exchange said property for services to disassemble and remove existing modular partitions. Upon motion by Kelly, second by Spiegel, and 3-0 vote of the City Council, with Benson ABSENT, the Consent Calendar was approved as presented. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2006 VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS A. RESOLUTION NO. 06-129 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2005/06 BUDGET TO PROVIDE ADDITIONAL APPROPRIATIONS FROM THE GAS TAX, FIRE TAX, AIR QUALITY MANAGEMENT, INTERNAL SERVICE, AND THE GENERAL FUNDS. Councilman Spiegel moved to waive further reading and adopt Resolution No. 06-129. Motion was seconded by Kelly and carried by 3-0 vote, with Benson ABSENT. B. RESOLUTION NO. 06-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE SUBDIVISION MAP OF TRACT NO. 31490-1 AND APPROVING THE AGREEMENT RELATING THERETO (Ponderosa Homes II, Inc., Applicant). Mayor Pro Tem Kelly moved to waive further reading and adopt Resolution No. 06-130. Motion was seconded by Spiegel and carried by 3-0 vote, with Benson ABSENT. IX. ORDINANCES For Introduction: None For Adoption: None X. NEW BUSINESS A. REQUEST FOR AWARD OF PURCHASE FOR BACKHOE LOADER. Councilman Spiegel moved to, by Minute Motion: 1) Reject the non -responsive low bid by Scott Equipment, Fontana, California; 2) award the subject purchase to Johnson Machinery, Riverside, California, in the total sum of $78,651.04 — funds are available in Account No. 110-4310-433-4045. Motion was seconded by Kelly and carried by 3-0 vote, with Benson ABSENT. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2006 B. REQUEST FOR AWARD OF PURCHASE FOR INDUSTRIAL SKIP LOADER. Councilman Spiegel moved to, by Minute Motion, award the subject purchase to D-3 Equipment, Fontana, California, in the amount of $51,782.85 — funds are available in Account No. 530-4195-415-4030. Motion was seconded by Kelly and carried by 3-0 vote, with Benson ABSENT. C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE IMPROVEMENTS ON FRED WARING DRIVE MEDIANS PHASE I (DEEP CANYON ROAD TO CALIFORNIA DRIVE) (CONTRACT NO. C23830A, PROJECT NO. 953-05). Mayor Pro Tem Kelly moved to, by Minute Motion: 1) Award the subject contract to Sierra Landscape, Bermuda Dunes, California, in the amount of $433,900; 2) approve a 10% contingency for the project in the amount of $43,390; 3) authorize the Mayor to execute the agreement — funds are available in Account No. 400-4614-433-4001. Motion was seconded by Spiegel and carried by 3-0 vote, with Benson ABSENT. D. REQUEST FOR APPROVAL OF CONTRACT FOR PAYMENT OF THE RELOCATION OF TRANSMISSION POLES AND ATTACHMENTS ON MONTEREY AVENUE NORTH OF GERALD FORD DRIVE (CONTRACT NO. C25820). Mayor Pro Tem Kelly moved to, by Minute Motion, authorize: 1) Appropriation for the subject project in the amount of $168,645.61; 2) staff to enter into the necessary contract with Southern California Edison for the relocation of transmission poles and attachments; 3) staff to transfer funds from the General Fund to the Improvement Fund for this purpose. Motion was seconded by Spiegel and carried by 3-0 vote, with Benson ABSENT. Xl. CONTINUED BUSINESS A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 24, 2006 (Continued from the meeting of September 14, 2006). Councilman Spiegel moved to, by Minute Motion, approve the Minutes as presented. Motion was seconded by Kelly and carried by 3-0 vote, with Benson ABSENT. B. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 2 (CONTRACT NO. C25560, PROJECT NO. 902-06) (Continued from the meeting of September 14, 2006). Councilman Spiegel commented that Greenscape Landscaping was the low bidder; however, originally they were not recommended for award of the contract due to their lack of experience with desert plant material. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2006 Landscape Manager Spencer Knight confirmed the comments and, responding to question, said Greenscape would get an office in Palm Desert if they were awarded the contract. Further responding, he said City staff would work closely with the contractor to ensure satisfactory performance. Councilman Spiegel moved to, by Minute Motion, award the subject contract to Greenscape Landscaping, Temecula, California, in the amount of $82,800 and authorize the Mayor to execute same — funds are available in Account No. 110-4614-453-3320. Motion was seconded by Kelly and carried by 3-0 vote, with Benson ABSENT. XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF FIRST AMENDMENT TO THE SOLID WASTE FRANCHISE AGREEMENT RELATIVE TO THE ASSIGNMENT FROM WASTE MANAGEMENT OF THE DESERT TO BURRTEC WASTE INDUSTRIES (CONTRACT NO. C17230A). Mayor Ferguson noted for the record that he would be abstaining from this item. Therefore, he asked for the City Attorney's determination whether it could be considered at this time with the remaining two Councilmembers. Mr. Hargreaves responded that it would be best to continue the matter. Councilman Spiegel moved to continue consideration of the matter to the next meeting. Motion was seconded by Kelly and carried by 2-0-1 vote, with Ferguson ABSTANING and Benson ABSENT. XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF A 15,267 SQUARE FOOT INDUSTRIAL BUILDING, INCLUDING ATOWER ELEMENT UP TO 34 FEET IN HEIGHT, FOR PROPERTY LOCATED AT 73-665 DINAH SHORE DRIVE (APN 653-810-021) Case No. PP 05-29 (Prest Vuksic Architects, Applicant). Assistant Planner Ryan Stendell commented that the subject proposal consisted of a 15,000 square foot office/industrial warehouse on the western entrance of Spyder Circle along Dinah Shore Drive. He noted the height exception request for a 34-foot tower element in the center of the building, which covers less than 10% of the total floor area, with the main portions of the building ranging between 28 and 29 feet high. Further, the Applicant would be using a variety of materials, colors, and stucco finishes to achieve a nicely designed structure. He felt that the height exception provided a focal point for this building that will be highly visible from Dinah Shore Drive. The site conformed to all development standards but the height exception, and the project has been approved by both the Architectural Review and 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2006 Planning Commissions. Staff recommended approval of the project, including height exception up to 34 feet. Responding to question about a proposed 3,000 square foot mezzanine for the project, he said the Applicant had inquired about this possibility, and staff felt it would not create any more parking demand. He added that for the most part, this type of feature was used for storage or additional office display upstairs; it could offer more flexibility in the building. He affirmed that with such a feature, no additional parking would be needed. Responding to Mayor Ferguson's request that a condition be added to alleviate any concern that the additional 3,000 square feet would become office space requiring more parking, Mr. Stendell called attention to page 4 of Resolution No. 06-131. Community Development Condition No. 11 limited the total square footage of the original 15,000 square foot floor area to a maximum of 20% office, which he believed would satisfy the concern. Mayor Ferguson concurred. Mayor Ferguson declared the public hearing open and invited anyone wishing to offer comment about the case to come forward at this time. MR. JOHN VUKSIC, Prest Vuksic Architects, Applicant, offered to answer any of the City Council's questions about the project. With no further public comment offered, Mayor Ferguson declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 06-131, approving Case No. PP 05-29. Motion was seconded by Kelly and carried by a 3-0 vote, with Benson ABSENT. B. CONSIDERATION OF THE APPROVAL OF A GENERAL PLAN AMENDMENT TO UPDATE THE ENERGY AND MINERAL RESOURCES ELEMENT TO INCLUDE GOALS, POLICIES, AND PROGRAMS RELATED TO REDUCTION OF ENERGY USE IN THE CITY Case No. GPA 06-02 (City of Palm Desert, Applicant). Mayor Ferguson noted the request for continuance of this matter until following the California Energy Commission's determination. Mayor Ferguson declared the public hearing open and invited public testimony for this case. With no public testimony offered, he left the public hearing open. Mr. Hargreaves pointed out that it would be appropriate to continue the matter to a date certain. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2006 Mr. Ortega commented that the California Energy Commission would be considering Palm Desert's application in October. Councilman Spiegel moved to, by Minute Motion, continue the public hearing on Case No. GPA 06-02 to the first meeting in November. Motion was seconded by Kelly and carried by 3-0 vote, with Benson ABSENT. C. REQUEST FOR APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR SECTION 29 MASTER PLAN OF INFRASTRUCTURE, ASSESSMENT DISTRICT NO. 2004-2 (City of Palm Desert, Applicant). Mayor Ferguson declared the public hearing open and invited public testimony for the subject matter. With no public testimony offered, he left the public hearing open. Councilman Spiegel moved to, by Minute Motion, continue the public hearing to the meeting of October 12, 2006. Motion was seconded by Kelly and carried by a 3-0 vote, with Benson ABSENT. D. REQUEST FOR ACCEPTANCE OF 2006/07 CAL COPS (SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING/SLESF) GRANT AWARD IN THE AMOUNT OF $100,000. Mayor Ferguson declared the public hearing open and invited public testimony on this grant award. With no public testimony offered, he declared the public hearing closed. Councilman Spiegel moved to, by Minute Motion, accept the Cal COPS (Supplemental Law Enforcement Services Funding/SLESF) Grant Award of $100,000 to be used to cover the cost for the 2006 Holiday Theft Suppression Program, support the Special Enforcement Team's programs, vehicle and communications expense, and acquisition of necessary equipment to support front line law enforcement services. Motion was seconded by Kelly and carried by a 3-0 vote, with Benson ABSENT. XIV. REPORTS AND REMARKS A. CITY MANAGER 1. Portola Avenue Median at Washington Charter School — Mr. Ortega stated that at the last meeting, City Council directed staff to proceed with interim landscaping on the Portola Avenue Median. Since that time, he'd received a memorandum from Landscape Manager Spencer Knight, indicating that the City is very close to putting the project out to bid. He said the bid process will specifically condition the project such that construction will not interfere with the school's 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2006 operation; staff would prefer this alternative to installing any interim landscaping. City Councilmembers concurred with the recommendation to proceed with the original plans and not install any interim landscaping on the Portola Avenue Median at Washington Charter School. 2. Study Session on Biahorn Conceptual Plan — Mr. Ortega noted that the City Council was scheduled for a Study Session earlier today requested by Bighorn, which has since asked that it be rescheduled. Since there are Study Sessions scheduled prior to the next two regular City Council Meetings, he asked if there was another date that would be acceptable, possibly Thursday, October 5. With City Council concurrence, staff was directed to tentatively schedule the Study Session on Thursday, October 5, 2006, at 10:00 a.m. B. CITY ATTORNEY None C. CITY CLERK 1. Reminder of Upcoming Study Sessions. a) October 12, 2006, 2:00 p.m. - Photovoltaic Element of City Energy Plan - Administrative Conference Room. b) October 26, 2006, 2:00 p.m. - Parks & Recreation Business Plan - Administrative Conference Room. Mrs. Klassen called attention to the aforementioned schedule of Study Sessions. D. PUBLIC SAFETY o Fire Department None o Police Department None 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2006 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Portola Avenue — Mayor Pro Tem Kelly said he and Councilman Spiegel wanted to inquire about the status of the Portola Bridge at Whitewater Channel and about the Portola Avenue connection to Dinah Shore Drive. Mr. Greenwood responded that no construction had taken place on the Portola Bridge project for the last approximately four weeks due to a conflict with a utility. However, he was assured they were working 24 hours/day to make the necessary adjustments; it would be another two weeks before the bridge contractor would be able to resume construction. He said the project was still scheduled to be complete by Summer 2007, although it may be a few weeks later than initially anticipated. _ Relative to the extension of Portola Avenue to Dinah Shore Drive, Mr. Greenwood said that project was included in the Section 29 Assessment District. He noted there were items on this agenda related to the project and more were scheduled to come forward at the next meeting. He pointed out that construction there wouldn't actually begin until Summer 2007, with completion of the connection anticipated for Fall 2007. However, there was good news in that traffic problems had not materialized with the opening of some of the bigger stores in that area. o City Council Committee Reports: None o City Council Comments: None XV. ORAL COMMUNICATIONS - C None 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2006 XVI. ADJOURNMENT Upon a motion by Spiegel, second by Kelly, and unanimous vote of the City Council, Mayor Ferguson adjoumed the meeting at 4:35 p.m. ATTEST: ACHELLE D. KLASSEN, CITY CLE K CITY OF PALM DESERT, CALIFORNIA } JIM I ERG/USO.N, MAYOR 12