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HomeMy WebLinkAbout2007-12-13MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 13, 2007 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:00 p.m. II. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilman Jim Ferguson Councilman Robert A. Spiegel Mayor Richard S. Kelly Excused Absence: Councilmember Cindy Finerty Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Jeffrey S. Ballinger, 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 Russell Grance, Director of Building & Safety Bo Chen, City Engineer Lauri Aylaian, Director of Community Development Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Doug Van Gelder, Director of Information Systems Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs John Rios, Battalion Chief, Palm Desert Fire/Riverside Co. Fire/Cal Fire Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex- 73710 Fred Waring Drive, Suite No. 102, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: State of California, Department of Rehabilitation Under Negotiation: x Price x Terms of Payment 2) Property: APN 628-130-008 Negotiating Parties: Agency: Carlos L. Ortega/Ryan Stendell/City of Palm Desert Property Owner: David Nelson Under Negotiation: x Price x Terms of Payment 3) Property: APN 628-130-011 Negotiating Parties: Agency: Carlos L. Ortega/Ryan Stendell/City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment iv. Property: APNs 637-042-001; 637-051-001; 637-051-002; 637-061-001 Negotiating Parties: Agency: Justin McCarthy/Janet Moore/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Spe, LLC 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 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Party: Carlos L. Ortega/City of Palm Desert 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 Upon a motion by Spiegel, second by Ferguson, and 4-0 vote of the City Council, with Finerty ABSENT, Mayor Kelly adjourned the meeting to Closed Session of the City Council and Redevelopment Agency at 3:03 p.m. He reconvened the meeting at 4:06 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Jim Ferguson VII. INVOCATION - Mayor Pro Tem Jean M. Benson VIII. ORAL COMMUNICATIONS - B MR. JACOB RUBEN stated he was 13 years old and an honor student attending Palm Desert Middle School. He said he was Jewish and a life-long Palm Desert resident who was addressing the Council on the issue of Christmas decorations. He said Christmas decorations were appearing all over the Valley, including Palm Desert City Hall. He said City Hall was a symbol of the City, and Palm Desert residents were not all solely Christian. He felt symbols of all religions should be equally represented during this time of the year, or an alternative could be that none be represented. He would be in favor of a solution which represented everyone. He hoped the Council would consider this issue. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. REORGANIZATION OF THE CITY COUNCIL. 1) SELECTION OF MAYOR AND MAYOR PRO-TEMPORE Councilman Spiegel nominated Jean M. Benson for the office of Mayor. The nomination was seconded by Ferguson and carried by a 3-0-1 vote, with Benson ABSTAINING and Finerty ABSENT Councilman Ferguson nominated Robert A. Spiegel for the office of Mayor Pro-Tempore. The nomination was seconded by Kelly and carried by a 3-0-1 vote, with Spiegel ABSTAINING and Finerty ABSENT 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 a) Comments by Outgoing Mayor and Mayor Pro-Tempore. Councilman Kelly expressed his appreciation to everyone for allowing him to serve Palm Desert residents as Mayor in 2007. He said he had a busy year filled with many great experiences, which included having dinner with Willie Mays, the yearly Essay Contest, spending a day with Lorena Ochoa, the dedication of Portola Bridge, and the dedication of Freedom Park that included presentation of the Freedom Park Sculpture. He reiterated he had a wonderful year and thanked all the citizens of Palm Desert, staff, and colleagues. b) Comments by Newly Selected Mayor and Mayor Pro-Tempore. Mayor Benson thanked Councilman Kelly for the way he represented the City as Mayor this past year. She said he attended every event from early in the morning to late at night, and he did an admiral job. She noted it was a historic evening, as there were now five lady Mayors in the Coachella Valley, and they were all in attendance. She introduced Mayor Kathy De Rosa, City of Cathedral City; Mayor Mary Roche, City of Indian Wells; Mayor Lupe Ramos Watson, City of Indio; and Mayor Yvonne Parks, City of Desert Hot Springs. Mayor Benson stated she was the first woman Mayor in the Coachella Valley in 1988, and it was as much a thrill for the fifth time as it was for the first time. She said Palm Desert was a great City to represent, and it had good working relationships with its neighboring cities, which she knew would continue. Mayor Pro Tem Spiegel stated Councilman Kelly did an admiral job as Mayor last year, but there was still a lot to accomplish. He said the Council supported its Fire and Police personnel to every degree, and they will continue to do so. He said the Council will work with Westfield to get the long-awaited Nordstrom's underway, it will continue with its Facade Enhancement Program to upgrade the appearance on El Paseo and Highway 111, it will continue to make the merchants happy by working on the streets and sidewalks; and although Palm Desert already had a major hotel out by Desert Willow, the City was in need of another to be able to compete with its neighboring cities. He said the citizens of Palm Desert were great and believed they were happy with the Council's accomplishments in past years. He introduced former Councilmember Buford Crites in the audience, who also contributed to the City's success. He said there've been changes on the Council, but the direction of the City had always been the same, and he hoped it will continue. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 Mayor Benson introduced Patty Newman from the Community Blood Bank and reminded everyone that donations were always needed, especially at this critical time of the year. B. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, DECEMBER 13, 2007, AS "BEN ROSENBLUM DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Benson presented the proclamation to Ben Rosenblum. Ben won the First Coachella Valley Grammar Bee. It was noted that Ben is Risk Manager Gary Rosenblum's son. Mayor Benson said it was always a pleasure to honor youth who excelled in the community. C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE - OCTOBER 2007. On behalf of the City Council/Redevelopment Agency, Mayor/Chairman Benson and Mr. Ortega honored the following employees with a printed certificate and a $100 gift certificate for their service above and beyond the call of duty; Ann Avery; Robert Becerra, Alfredo Contreras, Sergio Rosas, Jessica Gonzales, Mark Greenwood, and Sam Szymanski. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of November 8, and November 22, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Warrant Nos. 115, 119, 121, 122, 126, 127, 130, and 131. Rec: Approve as presented. C. CITY'S/AGENCY'S COMPLIANCE ANALYSIS AND INVESTMENT REPORT for September 2007 and October 2007 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Le Basil Restaurant, 72-695 Highway 111, #A10, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by French Corner Cafe, 72-423 Highway 111, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. A. Library Promotion Committee Meeting of February 21, 2007. B. Marketing Committee Meeting of October 16, 2007. C. Parks & Recreation Commission Meeting of October 16, 2007. D. Public Safety Commission Meeting of September 12, 2007. E. Youth Committee Meeting of October 2, 2007. Rec: Receive and file. G. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C23830 - Landscape Design of the Fred Waring Drive Widening from Deep Canyon Road to Washington Street (Project No. 953-05). Rec: By Minute Motion: 1) Authorize transfer of $8,250 from contingency to base for the subject contract; 2) approve Change Order No. 1 in the amount of $18,500 to the subject contract with RGA Landscape Architects, Inc., Palm Desert, California, and authorize the Mayor to execute same. H. REQUEST FOR APPROVAL of Amendment of Contract No. C24870 and Purchase Order No. 013067 - Ceiling Improvements to Floor Installation from Grant Fund 228 for property located at 44-911 Cabrillo Avenue and known as the Palm Desert Early Childhood Education (ECE) Center. Rec: By Minute Motion, approve Amendment of Contract No. C24870 and Purchase Order No. 013067 with Desert Sands Unified School District to change a previously approved contract exhibit and purchase order line item in the amount of $26,277 to be implemented by the Desert Sands Unified School District. No appropriation of funds is necessary. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 I. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C22600 - Citywide Tree Inventory (Project No. 762-07). Rec: By Minute Motion: 1) Authorize Change Order No. 1 in the amount of $12,540 to the subject contract with Davey Resource Group, Santa Margarita, California; 2) authorize the transfer of $3,344 from contingency to base for the contract; 3) establish a new contingency of $4,180 and approve the transfer of this contingency to base on an as -needed basis; 4) authorize the Mayor to execute Change Order No. 1. Funds are available in accounts 110-4614-453-3370 and in Assessment District Fund 200. J. REQUEST FOR AUTHORIZATION to Release Improvement Security for Parcel Map 33736 (Palm Desert Associates, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security. K. REQUEST FOR AUTHORIZATION to Release Improvement Security for Parcel Map 33855 (Focus Palm Desert, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security. L. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract Map 34597 (Serenity of Palm Desert, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security. M. REQUEST FOR AUTHORIZATION to Approve Funds for Purchase of Gas and Diesel Fuel for City Vehicles and Equipment for Fiscal Year 2007-2008. Rec: By Minute Motion, approve funds in an amount not to exceed $50,000 for purchase of gasoline and Diesel fuels from SoCo Group, Carlsbad, California, and Kenny Strickland, Coachella, California, for the remainder of the 2007-2008 fiscal year. N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C26800 for Construction on the Freedom Park Community Garden Project. Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 O. REQUEST FOR APPROVAL to Reject Bids and Advertise for Floor Tile in the Entry and Walkways at the Parkview Office Complex. Rec: By Minute Motion: 1) Reject all bids received at the November 26, 2007 bid opening; 2) authorize the City Clerk to advertise for bids for the replacement of the floor tile in the entry and walkways at the Parkview Office Complex. P. REQUEST FOR APPROVAL of the 2008 Master Consultants List (Joint Consideration with the Palm Desert Redevelopment Agency and the Palm Desert Housing Authority). Rec: By Minute Motion: 1) Approve the 2008 Master Consultants List of Qualified Professional Services Consultants for services valued less than $25,000; 2) authorize staff to negotiate agreements and contract amendments with qualified consultants listed therein, and City Manager/Executive Director to execute same; 3) approve the proceedings for selection and award of contracts as set forth in the staff report as authorized by Section 3.32.090 of the Palm Desert Municipal Code. Q. 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. R. REQUEST FOR WAIVER OF FEES for the Palm Desert Senior Softball League. Rec: By Minute Motion, approve the Palm Desert Senior Softball League request for field usage and waive field preparation fees. S. REQUEST FOR APPROVAL of Out -of -State Travel for Traffic Signal Technician/Public Works Department to the International Municipal Signal Association (IMSA) Traffic Signal Inspection Certification Program. Rec: By Minute Motion, approve the subject out-of-state travel for the Traffic Signal Technician/Public Works Department to attend and participate in the International Municipal Signal Association (IMSA) Traffic Signal Inspection Certification Program, scheduled to be held January 14-15, 2008, in Las Vegas, Nevada — funds are available in Account No. 110-4300-413-3120. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 Upon motion by Spiegel, second by Ferguson and 4-0 vote of the City Council, with Finerty ABSENT, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 07-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE MAP OF PARCEL MAP NO. 34807 (Pacific Pointe Partners, Inc., Applicant). Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 07-76. Motion was seconded by Ferguson and carried by a 4-0 vote, with Finerty ABSENT. B. RESOLUTION NO. 07-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE MAP OF PARCEL MAP NO. 35333 (Boureston Development, Applicant). Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 07-77. Motion was seconded by Ferguson and carried by a 4-0 vote, with Finerty ABSENT. C. RESOLUTION NO. 07-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PLEDGING TO ENACT POLICIES AND PROGRAMS TO REDUCE HARMFUL GLOBAL EMISSIONS. Councilman Ferguson moved to waive further reading and adopt Resolution No. 07-78. Mayor Pro Tem Spiegel questioned how the City was supposed to find out how much green house gas the City had in 1990. Mr. Conlon responded the City had consultants that will go through that exercise with staff, but he didn't know exactly what methodology will be used to obtain the estimate. The City will advertise a Request for Proposal (RFP) to accomplish the task. Upon further question, he said this was something the City was required to do. Motion was seconded by Spiegel and it carried by a 4-0 vote, with Finerty ABSENT. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL TO MEMORANDUM OF UNDERSTANDING BETWEEN RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES AND THE CITY OF PALM DESERT, EXTENDING MOU FIVE YEARS - JULY 1, 2007 TO JUNE 30, 2012 (CONTRACT NO. C24201). Mayor Pro Tem Spiegel asked if Animal Control providing time to the City's dog parks and if they had any responsibility for what went on there. Code Compliance Manager Hart Ponder responded any time Animal Control was needed, staff had direct communication with the assigned officer. Direction had been given to the assigned officer to patrol certain areas; but they could be called to other areas of the different parks throughout the City. Mayor Pro Tem Spiegel said the City had three parks now, in addition to dogs still running around without a leash at Homme Adams Park. Mr. Ponder responded staff implemented a program in the past couple of weeks, where if Animal Control was not available, the City's Code Enforcement officers were dispatched to take care of the matter because they had the same citing authority. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve the MOU between the Riverside County Department of Animal Services and the City of Palm Desert (Exhibit B1), and the Animal Services Operating Procedures Agreement (Exhibit B) with Riverside County Department of Animal Services, Riverside, California; 2) authorize the Mayor to execute subject MOU, extending the term of services for five years - July 1, 2007 to June 20, 2012; 3) approve subject contract in an amount not to exceed $91,387 unless approved otherwise. Motion was seconded by Ferguson and carried by a 4-0 vote, with Finerty ABSENT. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 B. REQUEST FOR AUTHORIZATION TO SUBMIT APPLICATIONS FOR TIER III HIGHWAY 111 MEASURE "A" FUNDS FOR TWO CITY PROJECTS TO COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG). Councilman Kelly moved to, by Minute Motion, authorize the Director of Public Works to submit the applications for Tier III funds for two City projects in response to the call for projects by CVAG, and appropriate $4,250,000 from Unobligated Fund 400. Motion was seconded by Ferguson. Mayor Pro Tem Spiegel asked the City Manager if this work could be done in the off-season. Mr. Ortega responded if Council directed it so, the answer would be yes. Councilman Kelly stated the Council was only authorizing to submit the applications and may not get the funds. Mayor Pro Tem Spiegel stated he understood, but if funds were obtained he wanted it stipulated. Mayor Benson called for the vote, and the motion carried by a 4-0 vote, with Finerty ABSENT. C. REQUEST FOR APPROVAL OF AMENDMENT NO. 5 TO CONTRACT NO. C22300 - ADDITIONAL ENVIRONMENTAL AND ENGINEERING SERVICES FOR THE COOK STREET WIDENING (PROJECT NO. 601-05). Responding to question, Engineering Manager John Garcia agreed to have this work done in the off-season. Mayor Pro Tem Spiegel moved to, by Minute Motion, approve Amendment No. 5 in the amount of $171,749 to the subject contract with Harris & Associates, Irvine, Califomia, to expand the scope of work for additional environmental and engineering services for the Cook Street Widening (Project No. 601-05), with further direction for the work be done in the off-season. Motion was seconded by Kelly and carried by a 4-0 vote, with Finerty ABSENT. D. REQUEST FOR AWARD OF CONTRACT FOR THE DESIGN OF THE MONTEREY AVENUE/DINAH SHORE DRIVE MEDIAN SCULPTURE AND LANDSCAPE IMPROVEMENTS (CONTRACT NO. C27210) (PROJECT NO. 937-06). Mayor Pro Tem Spiegel asked if this design would go through Art in Public Places (AIPP). 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 Landscape Manager Spencer Knight responded the art component would go through AIPP, and he was working on it with Public Arts Manager Richard Twedt. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Award the subject contract to David Evans and Associates, Inc., Riverside, California, in the amount of $88,425; 2) approve a 10(Yo contingency for the project in the amount of $8,843; 3) authorize the Mayor to execute said agreement. Funds are available in Account No. 400-4645-433-4001. Motion was seconded by Kelly and carried by a 4-0 vote, with Finerty ABSENT. E. REQUEST FOR APPROVAL OF FACADE ENHANCEMENT PROGRAM CONSIDERATION FUNDS to 20 EL PASEO, LLC, for "990 EL PASEO" LOCATED AT 72-990 EL PASEO (20 El Paseo, LLC, Applicant). Responding to question on the status of this project, Redevelopment Manager Martin Alvarez confirmed the project was already underway. Mayor Pro Tem Spiegel noted the Applicant was asking the City for money, but the project was already underway. Councilman Ferguson stated the Facade Enhancement Program was originally meant for storefront properties on highly visible arterial corridors. He said this building couldn't be seen from an arterial, and what could be seen wasn't all that terrible. He questioned whether staff was keeping with the program's policies for Facade Enhancement Program, or if it was now being applied to anyone who wanted to remodel their existing structure. Mr. Alvarez responded staff was limiting it to those projects that were visible from an arterial. He said this was also part of a project that was on the corner of Highway 111 and Monterey Avenue. Councilman Ferguson stated the subject building couldn't be seen from Highway 111 and Monterey Avenue. Mr. Alvarez agreed but stated it could be seen from El Paseo, which was a main arterial. Councilman Ferguson disagreed and stated he personally didn't see the need. He said if this item was approved, he felt it will be done for any business that wanted money, which was not the purpose of the program. Mayor Pro Tem Spiegel concurred. He said Red 74 was torn down and rebuilt. Mr. Alvarez stated this was a rehabilitation project. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 Mr. McCarthy pointed out this was a final building of a four -building project the City was approached about. Originally, the City was asked for $800,000 to $900,000 of Agency funds. The City had been able to facilitate the rehabilitation on a phased approach, using the Facade Enhancement Program at significantly less expense with significant leverage. This area was the former Columbia Center where Hooters had been. He felt this project was a capstone to improving that intersection on El Paseo and Highway 74. It complimented what was going on at the Churchill property across Highway 74. He understood the sensitivity and apologized for the Applicant's late submission, but noted it did finalize that particular project. Mayor Pro Tem Spiegel agreed it looked better than it did before, but with Guillermo's Restaurant almost finished, he wondered if they will come back for funds as well. Mr. McCarthy stated Guillermo's Restaurant was already part of the Glasser project, which was previously approved with contract underway. Mayor Pro Tem Spiegel felt this project was already done, and the Council was being approached for the money after the fact. Councilman Kelly stated this project was in a location that felt like a back alley but was really on Et Paseo. It seemed to him this was every bit as important to improve as Highway 111, and on that basis he would move to approve. Councilman Kelly moved to, by Minute Motion, approve $85,000 in Facade Enhancement Program (FEP) consideration funds for 20 El Paseo located at 72-990 El Paseo, Palm Desert. Motion was seconded by Spiegel. Mayor Pro Tem Spiegel agreed with Councilman Kelly's comments, but he preferred the request be submitted prior to the project getting started. Mr. Alvarez added the developer did submit his request late, but there was additional scope of work added to cover some facade improvements on the west side of the building. Mayor Benson stated future projects will go through the Retail Committee, as they've done in the past, so they can be reviewed by Council. Mr. Alvarez agreed. Mayor Benson called for the vote, and the motion carried by a 3-1 vote, with Ferguson voting NO and Finerty ABSENT. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 F. REQUEST FOR AUTHORIZATION FOR THE SHERIFF'S DEPARTMENT TO USE TWO CITY POLICE MOTORCYCLES FOR A LIMITED TRAFFIC SAFETY PROGRAM WITHIN THE CITY OF DESERT HOT SPRINGS. Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize the Sheriffs Department to use two City police motorcycles for a limited traffic safety program within the City of Desert Hot Springs. Such use shall be limited to four to eight hours per week on a schedule that does not interfere with the City's own enforcement and is limited for the months of January 2, 2008, through March 21, 2008. Motion was seconded by Kelly and carried by a 4-0 vote, with Finerty ABSENT. Mayor Benson stated the Council was pleased to be able to help out, because everybody felt the tragedy that happened in Desert Hot Springs. G. CONSIDERATION OF THE AUTHORIZATION TO ISSUE SPECIAL TAX REFUNDING BONDS, SERIES 2008, OF CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT (CFD) NO. 91-1 (INDIAN RIDGE PUBLIC IMPROVEMENTS) AND APPROVAL OF RELATED DOCUMENTS (JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY). Mr. Ortega noted both the Financing Authority and City Council meetings were open in order to take action. He said this item was a refinancing of a facility district for the initial construction of Indian Ridge. He said the interest rates had declined, and staff was requesting approval for refinancing. Responding to question, Mr. Ortega confirmed each participating resident will have a reduction in their property taxes. Councilman/Commissioner Ferguson added essentially, the City was refinancing the assessment district so that residents paid less on their property taxes. The City was taking advantage of the low interest rate, and it wasn't costing the City any money. Mr. Ortega agreed. Councilman/Commissioner Ferguson moved to waive further reading and adopt: 1) Resolution No. 07-79, a resolution of the City Council of the City of Palm Desert, acting for itself and as the legislative body of City of Palm Desert Community Facilities District No. 91-1 (Indian Ridge Public Improvements) to authorize the issuance of its special tax refunding bonds, Series 2008, in a principal amount not -to -exceed twelve million dollars ($12,000,000) and approving certain documents and taking certain other actions in connection therewith; 2) waive further reading and adopt Resolution No. FA-61, a resolution of the Palm Desert Financing Authority making certain findings and determinations in connection with its 1997 revenue bonds (Assessment Districts Nos. 92-1 and 94-1, and Community Facilities District No. 91-1). Motion was seconded by Spiegel and carried by a 4-0 vote, with Finerty ABSENT. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 XV. CONTINUED BUSINESS A. CONSIDERATION OF A REQUEST FOR FUNDING OF THE 2008 VIRGINIA WARING PIANO COMPETITION BLACK AND WHITE BALL (Continued from the meetings of October 11 and October 25, 2007). Councilman Ferguson moved to, by Minute Motion, concur with the Marketing Committee's recommendation to: 1) Approve sponsorship of $35,000 for the Virginia Waring Piano Competition Black and White Ball; 2) appropriate $35,000 from the Unobligated General Fund to Special Events, Account No. 110-4416-414-3061, for this purpose. Motion was seconded by Kelly and carried by a 4-0 vote, with Finerty ABSENT. Councilman Ferguson thanked former Mayor Kelly and Mayor Pro Tem Benson for meeting with the Virginia Waring representatives, having them fill out an application, and providing him with all the information. B. REQUEST FOR APPROVAL OF AGREEMENT FOR THE LANDSCAPING/SCREENING OF PALM DESERT MOBILE ESTATES (CONTRACT NO. C26960) (Continued from the meeting of October 25, 2007). Mr. Ortega noted the staff report. He said Planning Department staff had downsized the project, and it will cost significantly less than projected several times in the past. It will not be a grandiose landscape project as proposed previously, but with time, the small plants will grow. He said staff was available to answer questions. Responding to question about the time frame for the plants to grow, Ms. Aylaian responded it would be four years before the plants grew to a full solid screen. MR. DON UNDERWOOD, Palm Desert, CA, stated he's lived in Palm Desert for seven years. He congratulated Mayor Benson and looked forward to her service in the future. He also thanked former Mayor Kelly for his efforts on behalf of the Portola Bridge. He said he wrote a letter to the Council last month congratulating them and staff for its efforts in taking a leadership position of trying to get this problem resolved. However, he was now dismayed with the situation. He read out loud many newspaper clippings on the subject matter, including comments made by Coachella Valley Water District representatives, and read some of the City Council's past proposals and recommendations. He said this morning's paper stated the City was recommending a landscape -only screen, cost to be shared by CVWD, Palm Desert Mobile Estates, and the City, with the City paying no more than $15,000. He said it will be one year in January that this problem arose and wondered what happened to all the discussions and dialogue for something 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 positive to be done. He requested Council postpone the meeting until he and others had an opportunity to air their concerns to CVWD. He said it was once former Mayor Kelly's idea to do so. He hoped a resolution that made sense could be reached. He noted $12,000,000 had been spent on the Portola Bridge, $500,000 for the brick wall on the east side, and at one time, Council considered spending $250,000 to put trees up as a screen. In the end, the City was proposing something in the vicinity of $45,000, which he thought was probably going to be split with CVWD and Palm Desert Mobile Estates, with the City contributing $15,000. He again requested the Council postpone the matter until he's had an opportunity to speak with CVWD. Councilman Ferguson stated he noticed Mr. Underwood kept stating "we," referring to other representatives from Chaparral HOA. He asked Mr. Underwood if he was on the Board of Directors of the Chaparral HOA. MR. UNDERWOOD responded he was not. He said he was representing himself and his wife. Councilman Ferguson stated the last time they listened to someone from Chaparral, that person came up with a solution and the City agreed to it. It was a $100,000 solution in which everyone was in accord. The Council later received a letter from Chaparral HOA on October 22, stating they will absolutely will not participate financially because they felt they were not part of the problem. The letter went on to say the City was also not part of the problem; and he said using the Chaparral's logic, the City shouldn't participate at all. However, staff came up with a $15,000 solution for the City. He went on to say that at one time, the Chaparral HOA could have had a $100,000 solution, but they didn't want it. MR. UNDERWOOD stated he was part of that ad hoc committee, and at no time was it discussed there would be a financial responsibility on their part. if that was the impression the Council received, he said it was misconstrued or mis-communicated. He added that the HOA dues were just doubled, and the HOA was trying to get all their roofs replaced, facing million of dollars to be able to do it. Councilman Ferguson stated the HOA dissolved the ad hoc committee and any statements made. They acknowledged there was some misrepresentation of financial commitment and rescinded any commitment made to the City. From the City's standpoint, he felt Chaparral was lucky to be getting $15,000 from the City to help solve the problem. He noted the HOA was not in attendance, pointing out the inconsistency, and his main point was that they've already spoken. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 MR. UNDERWOOD stated he was representing himself as a citizen and was concerned about the situation. However, if the City needed the President of the Board of Directors to be at this meeting in order to reach a solution, he said he could ask them to do that. Councilman Ferguson reiterated they had already spoken. Mayor Pro Tem Spiegel said he had not heard from CVWD and felt they started the whole thing and caused the problem. He had no problems continuing the matter to January to find out what CVWD was willing to do. Responding to question, Mr. Ortega confirmed he had conversations with CVWD's General Manager, and they have agreed to participate. He said that participation stood when the City was considering the $100,000 solution, but they wanted a third party to participate as well. Mayor Benson stated word from Palm Desert Mobile Estates was that they did not want to participate, and the City didn't know if they will maintain the plants anyway, which she felt placed the City in a dilemma. Councilman Kelly stated when he met with the people at Chaparral, he told them the City was approached by many on this matter. He explained it was the citizens that elected the Board for CVWD, and they were the ones that cut the trees down. He thought it would be beneficial to allow Chaparral folks to talk to CVWD's board. He believed CVWD was the most responsible, and on that basis, he was willing to continue this matter. Councilman Ferguson said his concern was the City went from a $100,000 to a $15,000 solution that could be voted on this evening. If the City waited for the people to go talk to CVWD, which was their right, it was at the request of one homeowner as opposed to the Board of Directors, which he felt was driving this debate. He said if it meant that much to them, why didn't they show up to this meeting. He was in no hurry to spend $15,000, but he didn't have any expectation further continuance would get the City anywhere. Councilman Kelly stated he was willing to approve the $15,000 solution if there was no action by next Council meeting. Councilman Kelly moved to, by Minute Motion, continue this item to the meeting of January 10, 2008. Motion was seconded by Ferguson and carried by a 4-0 vote, with Finerty ABSENT. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 C. CONSIDERATION OF AN APPEAL OF AN ORDER TO ABATE A PUBLIC NUISANCE FOR PALM DESERT MOBILE ESTATES LOCATED AT THE SOUTHWEST CORNER OF PORTOLA AVENUE AND THE WHITEWATER STORM CHANNEL Case No. 07-369 (Mark Bessire/Palm Desert Mobile Estates, Appellant) (Continued from the meetings of October 11 and October 25, 2007). Councilman Kelly moved to, by Minute Motion, continue this item to the meeting of January 10, 2008. Motion was seconded by Ferguson and carried by a 4-0 vote, with Finerty ABSENT. D. CONSIDERATION OF RECOMMENDATION FROM THE PALM DESERT PUBLIC SAFETY COMMISSION DEALING WITH NOISE DISTURBANCE AND ENTERTAINMENT ESTABLISHMENTS (Continued from the meeting of October 25, 2007). Councilman Kelly moved to, by Minute Motion, continue this item to a date uncertain. Motion was seconded by Spiegel and carried by a 4-0 vote, with Finerty ABSENT. XVI. OLD BUSINESS A. REQUEST FOR APPROVAL TO ADOPT FLEET PURCHASING GUIDELINES. Mr. Ortega noted the staff report and proposed policy to ensure staff will look at the latest technology available to maintain a fleet of vehicles purchased by the City. He offered staff was available to answer questions. Councilman Kelly stated the staff report suggested training someone or acquiring a facility for the ability to deal with modern technology. He felt if the City was really going to work at this, it will need to get equipped and be qualified to work on this new technology equipment. He encouraged staff to find out how the City would go about it. It might be that the City would promote and assist with other cities if there are not enough people out there to do this kind of work. If Palm Desert joined with other cities in the Coachella Valley, it may provide some kind of facility to work on this new equipment. Councilman Ferguson said he served on a sub -committee at CVAG with Mary Roche, looking at Energy Conservation and Efficiencies. He knew every City in the Valley looked to being environmentally friendly, specifically in their transportation fleets. He said this was as thorough a study he's seen since being on the Council. He knew the sub -committee through CVAG will 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 be publishing a best practices guide for cities to use as a resource on how they can manage their fleets. He would like to have staff work with CVAG and make the information available to other cities, informing them that part of the problem was lack of purchasing power to obtain services and products to become more efficient. If Council was amenable, he would like his request added to the motion. Councilman Kelly agreed. Councilman Kelly moved to, by Minute Motion, adopt fleet purchasing guidelines to maximize the use of alternative -fuel vehicles, with further direction to collaborate with Coachella Valley cities in this process. Motion was seconded by Ferguson and carried by a 4-0 vote, with Finerty ABSENT. B. REQUEST FOR AUTHORIZATION TO ADVERTISE FOR BIDS FOR TWO ALTERNATIVE -FUEL PICKUP TRUCKS TO REPLACE AGING FLEET VEHICLES. Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize the Public Works Department to advertise for two alternative -fuel pickup trucks to replace aging fleet vehicles. Councilman Kelly asked what type of fuel would be used for the proposed trucks. Mr. Greenwood responded the previous item approved Fleet Purchasing Guidelines, which will allow for several different alternative fuels. In this case, because the City hadn't geared up for Biodiesel or Compressed Natural Gas (CNG) in the pickup trucks, he proposed using hybrids. He said it was also an opportunity to test hybrids in the inspection vehicles. Councilman Kelly said a lot of the hybrid efforts in the automobile industry deter from moving ahead toward having pure alternative -fuel vehicles. He heard hybrid vehicles were not providing great mileage as expected. He was in favor of doing something better than just hybrid. He'd rather look at getting the work done without pickup trucks if they're not being manufactured with natural gas or alternate -fuels. Mr. Greenwood agreed, adding it was also another aspect of the guidelines. Staff did an analysis of where the City used its pickup trucks and determined that some weren't necessary. Part of the program is also to reduce the number of pickup trucks used by the City. However, the two being proposed were definitely needed. Staff will use them as a demonstration to see if hybrid proved to be what it's advertised to be. Staff felt hybrids did provide the mileage in a City environment; it was on the freeway where they didn't perform well. Upon further question, he confirmed staff will return to Council for approval of the bid. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 Councilman Ferguson agreed with Councilman Kelly's comments. He said it was great the policy was adopted, but if it stated staff was going to do something with the policy for all future vehicles purchased, he'd like to know exactly what that would be. Mr. Greenwood stated today's proposal to use hybrid was a stop gap measure, because they are vehicles definitely needed right now. Staff will push their efforts further by trying Biodiesel and other technologies, trying a little bit of everything to see what worked and how far the City could go. Mayor Pro Tem Spiegel stated since it's never been attempted, he thought it was great to do so. Councilman Ferguson stated he would like to see the bids and the specifications on them. Councilman Ferguson seconded the motion, and it carried by a 4-0 vote, with Finerty ABSENT. XVII. PUBLIC HEARINGS A. ORDINANCE NO. 1145 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AMENDING SPECIFIED CHAPTERS OF THE CITY MUNICIPAL CODE, TO ADOPT THE 2007 EDITIONS OF THE CALIFORNIA CODES AND RELATED MODEL CODES WITH SELECTED APPENDICES AND AMENDMENTS THERETO AND MODIFY SECTION 8.70.010 AND 8.70.040 RELATING TO PROPERTY MAINTENANCE. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1145. Motion was seconded by Ferguson and carried by a 4-0 vote, with Finerty ABSENT. Mrs. Gilligan introduced the City's new Building Director, Russell Grance. She noted he formerly worked in Chino, California, and was a great addition to the City. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 B. REQUEST FOR APPROVAL AND ACCEPTANCE OF THE DEVELOPMENT REVIEW AND INSPECTION SERVICE FEES ADJUSTMENT AND APPROVING THE DEVELOPMENT SERVICES FEES FOR SERVICE TABLES WITHIN THE COMPREHENSIVE COST OF SERVICES STUDY. Mr. Ortega stated the City adopted a policy requiring it to comply with regulations and recoup its cost when services were provided. The policy required the City to review fees and make adjustments. In this case, the adjustments will require an increase in fees. He said the City received a letter from Mr. Fred Bell with the Building Industry Association (BIA) requesting a delay of the increase for a year. MR. FRED BELL, Building Industry Association (BIA), stated the BIA had never requested the City defer fees, at least not while he's been with the BIA or in the past by his predecessor. He said it was an extraordinary period in construction, and he had not seen this type of slowdown in the market. The statistics from the Construction Industry Research Board showed the numbers were off almost 90% from the peak in 2005. He said the BIA agreed with the nexus study and had actually signed off on all past studies, even though there were some philosophical differences on a couple of fees. This time, the BIA was asking the Council to accept the report and the nexus and defer enactment of the fee for 12 months. It will allow the market to settle and give the BIA time to figure out what was happening. He said a number of builders were trapped in the market slowdown and were trying to work their way through it. Some builders had maps but had not put anything up yet; the BIA had people working on this. If the fees are deferred, it will lighten the load a bit, and at the end of 12 months, the City could move forward. He said he was available to answer any questions. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Mayor Pro Tem Spiegel stated a year was a long time. He suggested reviewing the matter in six months and revisit it in July. If things improved dramatically, the City could make a new list. It things didn't improve, the fees remained as is. Mayor Pro Tem Spiegel moved to, waive further reading and adopt Resolution No. 07-80, approving the Development Services fees for service tables within the Comprehensive Cost of Services Study, as amended to condition its implementation for six months. Councilman Ferguson stated there was a critical distinction that Mr. Bell touched upon, which was important to him. He said Councilmembers were 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 constantly approached by developers asking for fees to be waived. To his knowledge, it had never been done, maybe with a rare exception; it was an unstated policy that everyone understood. He said the BIA was an association not representing any one developer or development, agreeing with the new fee schedule, but simply asking the City to make the Resolution proactive at some specified time in the future, whether it be six months or twelve months. He said given the economy and where the building industry was at, it was not an unreasonable request. He made the distinction for those wanting the City to waive their fees, saying, "the City did it for the BIA," but it wasn't; it was merely delaying the implementation of fee increases. Councilman Kelly stated he wasn't sure he agreed with continuing this matter. He recognized the housing market slowed down, but he also felt there was a lot of overbuilding, and prices were still high. He believed homes sold for what the market would bear. If a developer built a house that cost $200,000 to build and could sell for $400,000, he will. He would do the same thing— sell his home for what the market would bear. He said something had to happen to make him more comfortable about delaying the fees and that it would benefit the person purchasing a home. Mayor Benson stated the fees were for new buildings coming in. Councilman Kelly said he understood, but houses would still be sold because that's what they're built for. Councilman Ferguson stated he would offer an analogy that probably wasn't perfect, but it resonated with him. Using tourism as an example, he said the City was known throughout the tourism industry as having the lowest Tourism Occupancy Tax (T.O.T.) in the Coachella Valley. He said the City could easily raise the T.O.T. one or two points and no one would bat an eye, because the City would be commensurate with other cities. The City kept that option open in case it ever needed the money. Palm Desert was known as a tourist friendly City, and by the same token, also known as a builder friendly City. The City worked with developers, their projects, and looked for ways to make them work. He believed the building industry was currently going through a tough time, and the amount of money being considered was very minimal. No doubt the City would lose money that could be extracted, in fact the City had a Study to support its findings; however, he felt the BIA's request was not presented as a right they deserved but as a discretionary request. In keeping with the City's relationship with the builders in the community, he would support a six- or twelve-month delay. Mayor Pro Tem Spiegel concurred. He said he drove around the northern sphere of the City and didn't see a lot going on; not many houses were being built. He didn't think raising or lowering the fees would help the industry but 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 thought the City should give them six months. He said big homebuilders lost money in the past six months, hundreds and thousands of dollars all over the United States. Councilman Ferguson seconded the motion. Mayor Benson stated she was in favor of six months. She said there were a lot of programs to help stimulate the economy; she read about them in the paper every day. Six months will show if anything was working, and if not, then it will be a clear decision. Councilman Ferguson requested the motion specify Council will consider this matter at the next fiscal year's budget, which took place in six months. Mayor Benson called for the vote to adopt Resolution No. 07-80, as amended to condition its implementation for six months as part of the FY 08-09 budget process. Motion carried on a 4-0 vote, with Finerty ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department Responding to question, Chief Rios explained the City of Cathedral City purchased a ladder utility truck and Palm Desert was providing assistance by offering cross -training. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 o Police Department Lt. Taylor announced the Holiday Blue Light Ceremony will be held on Monday, December 17, 2007, at the Palm Desert Sheriff Station at 6:00 p.m. He said it was an annual ceremony in remembrance of all fallen officers. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1) Discussion Regarding the Annual Committee/Commission Interview and Appointment Process Councilman Kelly stated this was a good time to decide how to proceed with the appointments of Committee/Commission members. Mayor Benson stated her list was already turned in to the City Clerk with her recommendations and felt the process should remain the same; the City Clerk to schedule the interviews. Mayor Pro Tem Spiegel suggested that Council also list those individuals they wished to reappoint. He said the City may have to advertise. Mayor Benson directed the City Clerk to recalculate once she received all the lists and schedule the interviews for January. o City Council Committee Reports: 1. Travel Writers — Councilman Kelly stated the Coachella Valley was visited by 200 Travel Writers last week. He said the City participated in several events and was co-sponsor of a luncheon at the hotel they stayed at in Cabazon. He said City staff did a great job, specifically Ruth Ann Moore and Donna Gomez and her staff. 2. LEADS III Graduation - Councilman Kelly stated the third group of LEADS participants graduated. He said it was a great program that trained employees to be better leaders. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 13, 2007 o City Council Comments: 1. Animal Campus - Mayor Benson stated the Animal Campus was willing to bring some of the dogs and kittens to the park to hold an open -day adoption. XIX. ADJOURNMENT Upon a motion by Spiegel, second by Kelly, and 4-0 vote of the City Council, with Finerty ABSENT, Mayor Benson adjourned the meetin• at 5:25 p.m. ATTEST: RA " HE LE D. KLASSE , CITY CLER CITY OF PALM DESERT, CALIFORNIA N M. BIASON, MAYOR 25