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HomeMy WebLinkAbout2008-03-27MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 27, 2008 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilman Jim Ferguson arrived at 3:05 p.m. Councilmember Cindy Finerty Councilman Richard S. Kelly Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson 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 Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Doug Van Gelder, Director of Information Systems David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs John Garcia, Engineering Manager H. Spencer Knight, Landscape Manager Steve Brooker, 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 MARCH 27, 2008 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County Superior Court, Case No. CIV 80790; DCA No. E023514 b) Indian Springs, LTD., v. City of Palm Desert, et al., Riverside County Superior Court, Case No. INC053903 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Benson adjourned the meeting to Closed Session at 3:01 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Erwin reported that there will be a public hearing set for the second meeting in April to consider the appeal of the Planning Commission decision on the Conditional Use Permit for Augusta's. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tem Robert A. Spiegel VII. INVOCATION - Mayor Jean M. Benson VII1. ORAL COMMUNICATIONS - B MR. ASHLEY McDERMOTT, representing the East Valley Memorials Foundation, presented a framed photograph of the new memorial his organization commissioned to be built in the Coachella Valley Cemetery. He said the beautiful memorial was made possible with the help of the City of Palm Desert's generous gift, and he graciously thanked the City Council for the donation. He explained that the photograph showed the first phase of three that were planned for the memorial, containing two Walls of Honor and the Ultimate Sacrifice Wall. He acknowledged that many City officials had already visited the memorial, dedicated on Veterans Day, and it was his hope that the City would be able to proudly display the 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 photograph. Mr. McDermott also introduced East Valley Memorials Foundation Treasurer Sandra Regalia and the Foundation's Press Secretary, Sharon McDermott. MS. GAIL CHRISTIANSEN, resident of Calle Bisque (Casablanca), Palm Desert, said she and other representatives from her neighborhood were present to update the City Council as to what had transpired in the last two weeks since they spoke at the last Council Meeting. She went on to say that they met with Mr. Erwin as they left the last meeting. She said he stated that he and the City Council would be going out to the Villa Portofino property the following day and that he would call her with the outcome; however, she did not hear from him and subsequently contacted him late Tuesday afternoon. She related that Mr. Erwin stated he and the City Engineer had been out to the Villa Portofino property at 7:30 a.m. Friday; the wind had been blowing, yet he saw no sand blowing on their property. Although, she said at that time they were being inundated with sand on their side of the wall. She and several of her neighbors had called the Air Quality Management District (AQMD) early that morning, as did a City employee. The female inspector from AQMD arrived at 8:00 a.m., saw the sand blowing on their property, and did, in fact, issue a violation to Villa Portofino; perhaps Mr. Erwin was on the wrong property. She said her group was approached by Mr. Kenny Dickerson, requesting that he speak with them in an effort to resolve the situation. He came to their annual homeowners meeting and stated that the City had approved the original plans with the high elevation, and the City had, in fact, the day before (Friday) admitted that they made a mistake in doing so. He said that the sewer drain had already been done on the property, and bringing the elevation down more than three feet would be impossible. She said he offered to attach a wrought iron fence onto their wall and plant shrubs on the Villa Portofino side to mask the buildings, along with bringing down the elevation three feet. He said they would be doing a 3:1 grading against the wall on their side. A Casablanca homeowner, who is an engineer, stated that they would then be using Casablanca's wall as a retaining wall when it is not one; it is a garden wall. Mr. Dickerson said they would have a structural engineer look at it, but Casablanca should take whatever they are offered, because if Villa Portofino couldn't start building right away, Mr. LaMelza had said he would hire a high- powered attorney and sue them and the City of Palm Desert. Mr. Dickerson came back to her yesterday (Wednesday) and said the wall is, in fact, not a retaining wall; therefore, there was nothing that could be done. They could bring down the elevation three feet on the cul de sacs, with the exception of the east end cul de sac. He said he gave his engineer the go-ahead to do the plans and that the City is okay with it as long as Casablanca signs a letter of support. He said they were drawing up that letter, and they expected the neighbors to sign it, period. She said they still had grave concerns over the issues; they had not seen any grading plans, and therefore, have no idea what the elevation is really going to be. Again, she noted the City had previously said they would never approve plans where one home looks down onto another. To their knowledge, Villa Portofino will still be doing a 3:1 grading on Casablanca's wall and using it as a retaining wall, when in fact, there is 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 confirmation from Villa Portofino's own structural engineer that it is not a retaining wall. Finally, she said they were now being threatened with a lawsuit by Mr. LaMelza for exercising their rights as citizens. She said if the City did mistakenly approve the original plans, then she and her neighbors have been put in the middle of a situation that could cause them disastrous loss. She said they felt that the City has an obligation to help, support, and involve themselves in this situation. Mayor Benson responded that since this was not a matter on the agenda for deliberation, the City Council was prevented from discussing the issue at this time, but she invited Mr. Erwin to provide a brief response. Mr. Erwin stated the grading plans that were previously approved had been suspended, and Villa Portofino had been told that they needed to resubmit. So far as he was aware, plans had not been resubmitted to the City. As soon as they were, the City would let Casablanca residents know so they could see what was submitted and whether or not the plans were acceptable to the City. Further, he was unaware of any letter that Casablanca residents would have to sign, and it didn't seem necessarily reasonable. Councilman Kelly asked for confirmation that the residents understood the City Attorney's remarks. He reiterated that Villa Portofino does not have a grading plan at this time and that the City was definitely working on the matter. Mr. Erwin added that Councilmembers Finerty and Kelly will be meeting with the developer on Monday to encourage his correction of the issues. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE HANK STOKES' SERVICE AND CONTRIBUTIONS TO THE CITY OF PALM DESERT. Mrs. Gilligan noted that Mr. Stokes was a member of the Palm Desert community for many years, from its incorporation, and sadly, he passed away in January. In memoriam, a scholarship fund was being established with Palm Desert High School; students with an interest in joumalism or local government would be applying. She said many members of the community have contributed to the fund, and it was on the agenda for the purpose of asking the City Council to make a contribution as well. Councilman Ferguson said he thought very highly of Mr. Stokes, believing he was probably one of the most talented writers he'd ever seen in this area. He was all in favor of the proposal and would like to see the scholarship awarded to someone with an equal flair for writing and commenting on public discourse in matters of govemment as Mr. Stokes did. He went on to say 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 Mr. Stokes had a remarkable way of shedding light on issues in a way that neither the newspapers or magazines could do, and his Valley Observerwas a must -read every month. He wanted to encourage high school students to follow similar pursuits, if they have such interest, and tie it in honor of Mr. Stokes. Mayor Benson commented that instructions given to the High School require interested students to write an essay on what local government means to them. Responding to question, Councilman Ferguson said he would be happy to judge the submitted essays. He asked what the committee suggested for a contribution. Mrs. Gilligan said a $1,000 contribution was recommended, with contributions from community members expected to take the total up to $2,500. Councilman Ferguson added that in looking at it as someone who has near -college -age children, he suggested $5,000, because $1,000 didn't go far these days, and it would also be more meaningful in Mr. Stokes' honor. Councilman Ferguson moved to, by Minute Motion, contribute $5,000 to the Hank Stokes Memorial Scholarship Fund. Motion was seconded by Benson and carried by 5-0 vote. B. PRESENTATION TO RECOGNIZE RIVERSIDE COUNTY SHERIFF'S DEPUTY RICHARD KOTHLOW FOR HIS YEARS OF SERVICE TO THE PALM DESERT COMMUNITY. On behalf of the entire City Council, Mayor Benson presented an engraved brass platter to Officer Kothlow to recognize him for his years of service. She said it was a true pleasure to recognize anyone from the Sheriff's Department, because whenever anyone asked why Palm Desert didn't have its own Police Department, the answer was it did. It's the Riverside County Sheriffs Department; it's been that way since 1973, and the City saw no reason to change, as they did the best job of anybody around. She wished Officer Kothlow well in his retirement. Lt. Taylor commented that at the beginning of the year during the paving and widening at Fred Waring Drive and Washington Street, several members of the City's Public Works Department came to him afterward to commend Officer Kothlow for his diligent service in that area, where he individually took care of all the traffic issues during the construction. He added that the Department would truly miss him. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 Officer Kothlow extended his deep appreciation to the City Council for his wonderful 30-year appointment, where he spent a majority of that time here in the City and had come to personally know most of the Councilmembers. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 13, 2008. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 197, 201, and 202. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by John Phillip Argyros, 73-196 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Rosamarillo's, 36-901 Cook Street, Suites 3 & 4, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sushi Cafe, 36-901 Cook Street, Suite 106, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Landscape Beautification Committee Meeting of February 20, 2008. 2. Marketing Committee Meeting of February 19, 2008. 3. Public Safety Commission Meeting of January 9, 2008. 4. Youth Committee Meeting of February 4, 2008. Rec: Receive and file. G. REQUEST FOR APPROVAL of the City of Palm Desert Financial Policy. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 H. RECEIVE AND FILE the Limited Procedures Review of Various Palm Desert Operators for Compliance With the City of Palm Desert's Transient Occupancy Tax (T.O.T.) Ordinance for the 2006 Calendar Year, Approve Reimbursement to Operator for Overpayment of T.O.T., and Authorize Collection From Operators for Underpayment of T.O.T. Rec: By Minute Motion: 1) Receive and file the Limited Procedures Review of Various Palm Desert Operators for Compliance with the City of Palm Desert's T.O.T. Ordinance for the 2006 Calendar Year; 2) approve reimbursement to operator for overpayment of T.O.T. totaling $26.66; 3) authorize collection from operators for underpayment of T.O.T. totaling $3,258.25. I. REQUEST FOR APPROVAL of the Amended City of Palm Desert Cellular Phone Policies. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. J. REQUEST FOR AUTHORIZATION for Staff to Develop and Issue a Request for Proposals (RFP) for a New Telecommunications System for City Facilities (Contract No. C27490). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. K. REQUEST FOR AUTHORIZATION to Reject All Bids for Two, Half -ton, Dedicated Alternative -fuel, Full-size, Regular -cab Pick-up Trucks. Rec: By Minute Motion, reject all bids for the subject purchase and direct staff to investigate more economically priced purchasing options for alternative -fuel vehicles. L. REQUEST FOR APPROVAL of the Purchase of an Alternative -fuel Replacement Vehicle. Rec: By Minute Motion, authorize staff to request bids for and purchase an alternative -fuel replacement vehicle in an amount not to exceed $30,000 — funds are available in Account No. 530-4195-415-4030. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 M. REQUEST FOR APPROVAL of Payment to RZ Landscape for Interim Landscape Maintenance Services. Rec: By Minute Motion, authorize payment in the amount of $551 to RZ Landscape, Indio, California, for the subject services — funds are available in Account No. 110-4614-453-3320. N. REQUEST FOR APPROVAL of Change Order No. 5 to Contract No. C25570A— Construction of Infrastructure for the Section 29 Assessment District (No. 2004-02). Rec: By Minute Motion: 1) Approve Change Order No. 5 in the credit amount of ($13,132.76) to the subject contract with Skanska Civil USA West (formerly Yeager Skanska Inc.), Riverside, California, 2) authorize the Mayor to execute same. O. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C27180 — Landscape Maintenance Area No. 1 (Project No. 901-08). Rec: By Minute Motion: 1) Approve Amendment No. 1 to the subject contract with Vintage Associates, Bermuda Dunes, California, adding five months to the contract term at a cost of $44,500; 2) authorize the Mayor to execute said Amendment — funds are available in Account No. 110-4614-453-3370. P. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C27200 — Landscape Maintenance Area No. 7 (Project No. 907-08). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Q. REQUEST FOR RATIFICATION of the City Manager's Commitment to Support the Traffic Light Synchronization Program Application for Highway 111. Rec: By Minute Motion, ratify the City Manager's commitment to support the Traffic Light Synchronization Program (TLSP) Application for Highway 111. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 R. REQUEST FOR APPROVAL of the Purchase of Two Stryker Power Assist Gurney Systems. Rec: By Minute Motion: 1) Approve the purchase of two, Stryker Power Assist Gurney Systems; 2) appropriate $24,882.98 from the Unobligated Fund 230 for said purchase. S. REQUEST FOR APPROVAL of Honorariums for Two Keynote Speakers for the Desert Cities Public Art Forum. Rec: By Minute Motion, approve honorariums for keynote speakers Gail Goldman and Cliff Garten in the amount of $1,500 each for the subject Forum — funds are available in Account No. 436-4650-454-3092. T. REQUEST FOR APPROVAL of Sponsorship for the 2008 Palm Desert Senior Games Produced by the Coachella Valley Recreation and Park District. Rec: By Minute Motion, authorize sponsorship in the amount of $26,000 for the 2008 Palm Desert Senior Games produced by the Coachella Valley Recreation and Park District — funds are available in FY 2007-2008, Account No. 110-4416-414-3061, and no appropriation is needed or requested. U. REQUEST FOR APPROVAL of the 2008 "Music and Movie Madness" Performing Arts Contracts. Rec: By Minute Motion: 1) Approve the proposed Tine -up for the 2008 "Music and Movie Madness" concert series; 2) authorize the Mayor to sign the following contracts, as presented: Contract No. C27500A - Vince Verdi (Side Street Strutters), $8,000; Contract No. C27500B - The Redlands Symphony Orchestra, $20,000; Contract No. C27500C - Chris Compton (Chris Compton Live), $2,300; Contract No. C27500D - Kevin Kolb (Carter Collins Show), $6,000; Contract No. C27500E - Steve Madaio (Steve Madaio and Friends), $7,500 — funds for this purpose in the total amount of $43,800 are available in Account No. 110-4416-414-3061, and no appropriation is needed or requested. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 V. REQUEST FOR APPROVAL of Invoice for Movies in Connection with the 2008 "Music and Movie Madness" Series. Rec: By Minute Motion, approve professional services in the amount of $7,484 by Live Oak Multi Media, Indio, California, to provide and produce movies in connection with the 2008 "Music and Movie Madness" series — funds are available in Account No. 110-4416-414-3061, and no appropriation is needed or requested. W. CONSIDERATION of Legislative Review Committee Action on AB 1941 (Carter) — Surplus Land Disposal. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 26, 2008, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1941 (Carter). X. CONSIDERATION of Legislative Review Committee Action on AB 1985 (Strickland) — Sidewalk Repairs. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 26, 2008, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1985 (Strickland). Y. CONSIDERATION of Legislative Review Committee Action on AB 2000 (Mendoza) — General Plan Housing Element. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 26, 2008, meeting, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 2000 (Mendoza). Z. CONSIDERATION of Legislative Review Committee Action on SB 1194 (Battin) — Clean Energy Technology. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 26, 2008, meeting, and direct staff to prepare a letter of support for the Mayor's signature with regard to SB 1194 (Baffin). 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 AA. CONSIDERATION of Legislative Review Committee Action on SB 1237 (Cox) — Lot Line Adjustments. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 26, 2008, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 1237 (Cox). BB. CONSIDERATION of Legislative Review Committee Action on a Resolution Requested by the Riverside County Economic Development Agency - California Tax Credit Allocations Regulations. Rec: Waive further reading and adopt Resolution No. 08-17, supporting regulatory changes to the Low Income Housing Tax Credit Program, creating consistency with the Regional Housing Needs Assessment (RHNA). CC. REQUEST FOR APPROVAL of Out -of -State Travel for the Director of Public Works to Attend the 2008 Alternative Fuel and Vehicles National Conference and Expo. Rec: By Minute Motion, approve the subject request for the Director of Public Works to attend the Conference in Las Vegas, Nevada, May 11-14, 2008 — funds are available in Account No. 110-4614-453-3120. DD. INFORMATIONAL REPORTS: 1. Report on History of the City of Palm Desert's Websites. 2. Update on Activities Provided on the City's Behalf by Nancy J. Friedman Public Relations. Councilmember Finerty requested Items G and J be removed for separate action under Section XI, Consent Items held Over. Councilman Kelly removed Item P, and Mayor Pro Tem Speigel removed Item I. Upon a motion by Ferguson, second by Spiegel, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 XI. CONSENT ITEMS HELD OVER G. REQUEST FOR APPROVAL of the City of Palm Desert Financial Policy. Councilmember Finerty thanked Finance Director Paul Gibson and the Finance Committee for putting together a policy to continue its fiscal responsibility. Responding to comment that a 20% reserve of the General Fund was a low setting, Mr. Gibson replied it was the minimum requirement. Councilman Kelly stated the City's minimum should to be higher and hoped to persuade the Council and Finance Director to raise it. He said in past years, it had been discussed to shoot for a one-year operating reserve of the General Fund because it had always accomplished more, and 20% seemed too low. Councilmember Finerty stated she was comfortable with the 20% reserve and the 5% surplus, because she attended a session on this subject at the League of California Cities and teamed that cities generally had been adopting a reserve between 10% and 30%. Responding to comment, she said it was a recommendation from the instructor conducting the course. Councilman Kelly said he didn't want to follow a pattern from the League of California Cities because Palm Desert could very easily do more and suggested a 50% reserve. Councilman Ferguson agreed. He said the entire time he's been on the City Council, Mayor Benson had preached to strive for two years' worth of the City's General Fund budget as a reserve, unrestricted. He felt 20% was high because he thought it was annually, but if it was cumulative, the City was never below a full year's operating reserve. Mayor Benson suggested going above the 20% in order to reach the one or two years' reserve. Councilmember Finerty stated this matter was discussed previously, and she thought there was a memo that indicated it was 20% annually. Mr. Gibson stated there were very few cities that would do that, and it was typically 20% cumulative. He said 50% would be workable and obtainable, but did not recommend 100% because of the potential for dry years in the future. Further responding, he said 50% could be maintained cumulatively as a reserve. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 Councilman Kelly moved to maintain a 50% reserve of the General Fund. Councilman Ferguson said it was a policy and a goal of the City to at least shoot for a full year's reserve, and he thought it was appropriate. Councilman Kelly said the City was already meeting the 100% goal, and he was willing to keep a full year's operating reserve. Mayor Pro Tem Spiegel agreed. Responding to question, Mr. Gibson said there may be a problem with a year's reserve in the future but agreed the percentage could always be revisited. Councilman Ferguson suggested approving 100% of the General Fund Budget cumulatively, and at least 5% annually on the surplus. Councilman Kelly seconded the motion. Mayor Pro Tem Spiegel agreed to the 100% annual cumulative but would not agree to the 5% surplus. Councilman Ferguson noted the City never had less than the 5% surplus since he's served on the Council, because expenditures were always over -estimated and revenues were always under -estimated. Mayor Pro Tem Speigel agreed; however, he thought next year was yet to be seen. Councilman Kelly clarified he seconded the motion for 100% cumulative annually, but he had a problem with the additional 5% surplus because money was collected to provide services. Councilman Ferguson noted a 5% surplus was the recommendation by the Finance Director in his staff report. Councilman Kelly said the 5% surplus noted in the staff report was designed for emergencies. Responding to question, Mr. Ortega stated the reserve could be used for regular use or emergencies, and adopting a 100% cumulative reserve would take care of both. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 Councilman Ferguson amended his motion to adopt the policy as amended to reflect maintaining a designated General Fund working capital reserve equivalent to 100% of the General Fund's Operating Budget, cumulatively. Motion was seconded by Kelly and carried by a 5-0 vote. Councilman Kelly commented he was surprised this item was on the Consent Calender since it was actually one of the City's Strategic goals that came out of the City Council's two-day retreat. I. REQUEST FOR APPROVAL of the Amended City of Palm Desert Cellular Phone Policies. Mayor Pro Tem Spiegel moved to continue this matter to the meeting of April 10, 2008. Motion was seconded by Benson and carried by a 5-0 vote. J. REQUEST FOR AUTHORIZATION for Staff to Develop and Issue a Request for Proposals (RFP) for a New Telecommunications System for City Facilities (Contract No. C27490). Councilman Ferguson stated if this item was approved for an RFP, that wireless access in different parts of the City be included in the scope of work and for staff to obtain an idea of what the cost will be prior to budget discussions. Mr. Van Gelder responded public wireless access could be included in the RFP, and he had already started looking into it. However, it was a little tougher obtaining a cost estimate at this point. Further responding, he said the City had reached a point where the telephone system had to be replaced as support was stopped in 2001. The system was reaching the point where parts were no longer available, and it would be better to replace the system before the equipment started breaking down. He said it will take six to ten months to get a new phone system in. Even with approval this evening, the process entailed having the RFP written up, evaluated, meetings with vendors, and making a selection. Once a selection was made, prep work would be required before the new system is implemented. The anticipated high -end cost was about $500,000, but the actual cost was unknown until he started meeting with the vendors. He said the new system cost would be paid from the General Fund. Councilmember Finerty asked if a live person would continue answering the phones. Mr. Van Gelder responded the City would continue to provide a live person to answer phones Monday through Friday. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 Councilman Ferguson said at one time, he and Mayor Pro Tem Spiegel were the Council liaisons on the Technology Committee. He said he would feel better if two Councilmembers were included to help with the scope of the RFP process. Councilman Ferguson and Mayor Pro Tem Speigel volunteered to be part of the RFP process. Mr. Van Gelder agreed it would be helpful. Mayor Benson said when Council dealt with the microphones, they had put one band -aid after another on until they got a consultant to make it work and thought it was the way to go with the new telephone system. Mr. Ortega asked staff if more funds were needed for the additional scope of work requested. Mr. Van Gelder responded he needed to check with the consultants. Councilman Ferguson suggested contacting other cities and the League of California Cities to see who they contracted with and how much others had spent. He didn't think the City should spend money on a consultant to do that. Mr. Van Gelder replied he had already started calling other cities, and a few had already responded. Mayor Pro Tem Speigel moved to, by Minute Motion: 1) Authorize staff to develop and issue a Request for Proposals (RFP) for a new telecommunications system (telephone), and as amended, expanding the scope of the RFP to include analysis of providing public wireless access in different parts of the City, and including Councilman Ferguson and Mayor Pro Tem Spiegel to assist staff with the RFP process; 2) retain ClientFirst Consulting Group to assist City staff in development of the RFP, review of submitted responses to the formal RFP, and selection of a system/vendor to bring back to City Council at a future date with total cost; 3) allocate $35,000 for retaining ClientFirst Consulting Group from Unobligated General Fund to Account No. 110-4190-415-3091. Motion was seconded by Finerty and carried by a 5-0 vote. P. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C27200 — Landscape Maintenance Area No. 7 (Project No. 907-08). Councilman Kelly stated there was a piece of landscaping off Monterey that looked terrible where the Assessment District was not approved. He said there were discussions to address the problem and redoing that area, which he presumed was included in this Contract. Landscape Manager Spencer Knight responded that originally, there were three maintenance districts where the contractor went bankrupt and 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 abandoned his three contracts with the City. The Contracts were then awarded to Sierra Landscape, Inc.; however, there was an error in the staff report regarding the yearly fee, and they were now on this agenda as amended contracts to correct the error. Two of the contracts were listed under Consent Calendar, and one contract was under Old Business. Further responding, he explained it was the amount of the monetary value that determined which ones went under Consent Calendar. Councilman Kelly stated his main concern was to make sure the blighted area was fixed. The area was south of Hovley, on the east side, next to a housing project that was part of the Assessment District that wasn't approved; consequently, leaving a bunch of weeds on a main thoroughfare of the City and into the shopping area. Mr. Ortega explained the City had made the homeowners responsible for that area. He proposed bringing a White Paper to consider changing the policy so that certain streets were required to provide a minimum level of maintenance, even if it meant the City would participate. He said the current policy was not good for certain arterials if the people opted not to maintain their property. He said staff will work on the policy and discuss it at the budget review. Responding to question about the time frame, he said the White Papers were in the process of being finalized for the budget and would be meeting in June, but he could bring this to Council sooner. Councilman Kelly agreed the City needed a different policy for main thoroughfares, but right now he was concerned about that one spot. He didn't want to wait to get the whole problem solved for the entire City. Mr. Ortega said if Council wished to put money into it and upgrade the area, it could be done. Councilman Ferguson asked who owned the property. Councilman Kelly replied it's on right-of-way and property owned by the City. Responding to question, he said the City should clean up its own property; in the meantime, staff could work on a different policy for the City's main thoroughfares. Councilman Ferguson said he would second the first part of Councilman Kelly's request to have the landscaping area addressed. Councilmember Finerty agreed the weeds needed to be removed, but then there would only be dirt. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 Councilman Kelly responded he wanted the area to look decent, not just cleaned up. Councilmember Finerty clarified the motion included removing the weeds and providing some sort of landscaping. Councilman Ferguson stated he was concerned that if it were private property, the City could issue a Notice to Abate, and the homeowner would have to remove the weeds. He asked if staff could clean and fix up the area within the discretionary authority of the City Manager, which was $25,000. Mr. Knight responded a big dent could certainly be made, and he would do his best within the set amount. Mr. Ortega agreed the area should be cleaned, but he would still like to return to Council with a different policy. Further responding he agree both requests could be accomplished without having to wait on the other. Councilman Kelly amended his motion to authorize staff to: 1) Immediately address the blighted parkway landscaping area along Monterey Avenue south of Hovley Lane West with appropriate maintenance measures and plantings, as necessary; 2) return to City Council with a policy for handling similar landscaping issues in the future. Motion was seconded by Ferguson and carried by a 5-0 vote. Councilmember Finerty moved to, by Minute Motion: 1) Approve Amendment No. 1 to the subject contract with Sierra Landscape, Inc., Palm Desert, California, adding five months to the contract term at a cost of $35,575; 2) authorize the Mayor to execute said Amendment — funds are available in the respective Landscape and Lighting Assessment District Accounts. Motion was seconded by Spiegel and carried by a 5-0 vote. XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 For Adoption: A. ORDINANCE NO. 1152 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 02-01, ALLOWING A 25-FOOT 2-INCH MAXIMUM ROOF HEIGHT FOR A TWO-STORY DETACHED GARAGE/CASITA UNIT ON 19 LOTS WITHIN STONE EAGLE GOLF COURSE, ATTACHED AS EXHIBIT A OF THE ORDINANCE Case No. DA 02-01 Amendment #2 (Stone Eagle Development, LLC, Applicant). Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1152. Motion was seconded by Ferguson and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO INTERNATIONAL PAVEMENT SOLUTIONS, INC., FOR CONSTRUCTION OF THE MONTEREY AVENUE MEDIANS FROM COUNTRY CLUB DRIVE TO HOVLEY LANE WEST (CONTRACT NO. C25430A, PROJECT NO. 661-02). Mr. Ortega noted a question was raised as to whether this median would allow traffic going south on Monterey to turn left, and he stated it did. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Award the subject contract to International Pavement Solutions, Inc., San Bernardino, California, in the amount of $161,975; 2) approve a 10% contingency for the project in the amount of $16,197.50; 3) authorize the Mayor to execute said contract; 4) appropriate $89,000 to Account No. 400-4371-433-4001 for this purpose. Motion was seconded by Ferguson. Councilman Kelly asked if the Traffic Department approved a left turn at that location. Project Administrator Ryan Gayler replied a meeting took place regarding a left-hand turn at that location, and the Director of Public Works and Traffic Engineer weren't in favor, but the City Council directed staff to allow it. Mr. Ortega explained that as a result of the homeowners from Sagewood showing up at the City Council meeting and after much discussion, Council decided to allow it. Councilman Ferguson recalled Council stating to "allow it as safely as possible." He said a number of solutions were explored, but land -locking an entire neighborhood was not the Council's first option. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 Responding to question, Mr. Gayler said there wasn't an acceleration lane, but the area was increased by 25 feet more than normal to allow vehicles to sit in the painted median and wait for a clear spot. Councilman Kelly requested providing as much length to the area as possible. Mayor Benson called for the vote, and the motion carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF THE SELECTION OF DIEHL EVANS & CO., LLP, AS THE CITY OF PALM DESERT AUDITORS FOR FISCAL YEAR ENDING JUNE 30, 2008, WITH THE OPTION TO EXTEND FOR UP TO SIX ADDITIONAL YEARS, AND AUTHORIZE STAFF TO NEGOTIATE A CONTRACT IN AN AMOUNT NOT TO EXCEED $75,000 (CONTRACT NO. C27540). Mayor Pro Tem Spiegel stated the Finance Committee met at Desert Willow and interviewed three different firms, and the winner wasn't selected because of price. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve the selection of Diehl Evans & Co., LLP, as City of Palm Desert's auditors for the Fiscal Year Ending June 30, 2008, with the option to extend service for up to an additional six years through June 30, 2014; 2) authorize staff to negotiate a contract for said services in an amount not to exceed $75,000 for the Fiscal Year Ending June 30, 2008. Councilman Ferguson asked what Mayor Pro Tem Spiegel meant by his comment about the winner not being selected because of the price. Mayor Pro Tem Spiegel responded there was another organization he attended where a firm was picked because it was the lowest priced. In this case, the winner wasn't picked because they provided the lowest price, but because they provided the best presentation and had a quality shop. Councilman Ferguson seconded the motion, and it carried by a 5-0 vote. XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF MID -YEAR BUDGET ADJUSTMENT TO THE LEGAL SERVICES FUND, ACCOUNT NO. 110-4121-411-3015 (Continued from the meetings of February 14, February 28, and March 13, 2008). Councilman Ferguson moved to, by Minute Motion: 1) Direct the Director of Finance to pay all legal bills presented to date; 2) approve a Mid -year Budget Adjustment not to 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 exceed the amount requested, subject to the City Manager, City Attorney, Councilmen Kelly and Ferguson, and the Director of Finance meeting to ascertain the final amount of said Adjustment. Motion was seconded by Kelly and carried by a 5-0 vote. XVI. OLD BUSINESS A. UPDATE ON THE CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY, AND PALM DESERT HOUSING AUTHORITY STRATEGIC OBJECTIVES (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Councilman/Member Kelly moved to, by Minute Motion, receive and file the Update on the City of Palm Desert, Palm Desert Redevelopment Agency, and Palm Desert Housing Authority Strategic Objectives. Motion was seconded by Finerty and carried by a 5-0 vote. 6. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT NO. C27190 — LANDSCAPE MAINTENANCE AREA NO. 2 (PROJECT NO. 902-08). Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve Amendment No. 1 to the subject contract with Vintage Associates, Bermuda Dunes, Califomia, adding five months to the contract term at a cost of $52,500; 2) authorize the Mayor to execute said Amendment — funds are available in Account No. 110-4614-453-3370. Motion was seconded by Kelly and carried by a 5-0 vote. C. REQUEST FOR DISCUSSION RELATIVE TO ONE OF TWO ALTERNATIVES FOR COMPLETING THE WIDENING OF SOUTHBOUND PORTOLA AVENUE BETWEEN THE WHITEWATER BRIDGE AND MAGNESIA FALLS DRIVE (PROJECT NO. 657-08). Mr. Ortega stated there was currently no sidewalk south of the Whitewater Bridge on the west side, and staff had two alternatives for Council to consider. One alternative was very involved, requiring the purchase of property and relocation of two mobile homes, and the other alternative entailed building a wall and putting in the sidewalk. He said both options had pros and cons, but he wanted Council to review the altematives so that staff could proceed with one of them. Mayor Pro Tem Spiegel understood the sidewalk was $35,000, and the acquisition of property was $1,800,000. Engineering Manager John Garcia responded it was $350,000 for the sidewalk and retaining wall. Further responding, he said the total distance 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 encompassed was 600 feet, but the main issue at that location was that there would be no right -turn lane with no turning pockets for just a minimum widening project. The main cost factor of the two options was acquisition of the right-of-way. Councilman Ferguson noted the cost averaged out to $500,000 per lineal feet. Mr. Garcia replied there was quite a bit of utilities relocation work that would need to be done. Further responding, he said there was already a sidewalk on the other side of the street, but the sidewalk stopped just short of the bridge here. He said the City was currently providing temporary barricades to prevent people from walking down that course. He said if the full -widening project was pursued, Measure A would cover 50%, but Measure A funds couldn't be used to just do a sidewalk. Mayor Pro Tem Spiegel understood there was Federal Grant money available for sidewalks near schools and asked if staff had investigated whether it was still available. Mr. Garcia responded staff was using that Grant for the Portola Project between Fred Waring Drive and the schools there. He said there was an urgency to get this sidewalk done, but if the City pursued a grant, it would lengthen the project another year and a half. Further responding, he said both options provided a sidewalk. Mayor Benson said she met with residents from Chaparral, and they expressed they wanted a sidewalk because it was dangerous to cross at the top of the bridge. She believed sidewalks should be on both sides of the street. Responding to question about why there was an urgency, Mr. Garcia said even though there were signs and barricades all over the area, people were still walking through there starting from Quicksilver Lane. Councilman Kelly recognized it was a special situation, but it was very unsafe. He said when there is no sidewalk on such a short strip, it invited people to jaywalk, and if someone jaywalked and got killed, the City could be responsible. Secondly, if the City went for the entire project with a right -turn lane and sidewalk, Measure A would pay for half of it. He also pointed out the City was working on the upcoming interchange on 1-10 on Portola Avenue with two lanes going into town from Country Club Drive. He said it would be a long time before the City would be able to do three lanes, and it will cost a lot more. He said any time the City had an opportunity to make dedicated left- or right -turn lanes to help traffic flow, it should be pursued. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 Councilman Kelly moved to, by Minute Motion: 1) Direct staff to proceed with the full widening of southbound Portola Avenue between the Whitewater Bridge and Magnesia Falls; 2) award Contract No. C27510 to Harvey-Meyerhoff Consulting Group in the amount of $30,570 for environmental services to complete the Initial Study and Mitigated Negative Declaration of Environmental Impact for the project; 3) authorize the Mayor to execute said contract — funds are available in Account No. 400-4359-433-4001. Councilmember Finerty clarified the entire project would cost the City $900,000 because Measure A would pay 50%, and at this time, the difference between both options was $350,000 and $900,000. She said if the City waited a couple of years, that amount would likely grow to $1.5 million. Councilmember Finerty seconded the motion, and it carried by a 3-2 vote, with Ferguson and Spiegel voting NO. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A FUNDING AGREEMENT WITH COLLEGE OF THE DESERT FOR PART OF THE COST TO CONSTRUCT THE PUBLIC SAFETY ACADEMY (CONTRACT NO. C27520). (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega stated Council had directed staff to follow up on the original agreement with College of the Desert (COD). This project would be funded by the Redevelopment Agency, but it required City Council approval. Mayor Pro Tem/Vice Chairman Spiegel was under the impression it would get done through an endowment. Director of Redevelopment/Housing Dave Yrigoyen explained the Redevelopment Agency could not pay for maintenance of facilities or endowments, but it could pay for construction cost. Pursuant to the Construction Contract, College of the Desert was required to maintain and provide for maintenance of the facility for the five-year period, and the Agency will continue to pay through the Construction Contract. Further responding, he confirmed the Agency would pay for construction cost that would replace $2 million that COD could then put into a reserve. Councilman/Member Ferguson recalled two or three years ago, the Council directed the City Manager to look at the Library becoming available and the swimming pool being closed down, because at some point, the City would be paying for the Library. College of the Desert agreed to compensate the City for providing a swimming pool or some type of scenario there. He 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 questioned whether approval of this item would alter the City's ability to work with the agreed package deal. Mr. Ortega said the initial agreement resulted in three different agreements that include College of the Desert providing the site for the swimming pool and some money; the transfer of the library in exchange for some compensation, which was currently pending the moving date; and the Public Safety Academy Agreement. The only agreement held up because Council had not reached a conclusion was the swimming pool. Councilman/Member Ferguson said there was a credit to the City for the pool component, and he wanted to make sure the City retained its right to the $2 million and was not jeopardizing the biggest dollar amount of the tripod transaction by moving forward on this one aspect of the whole package. Mr. Ortega responded College of the Desert had already approved the swimming pool agreement, which included a $1 lease on the land and compensation of $1 million, and it was the City that was not moving forward with that portion of the tripod agreement. He confirmed COD had already committed their money. Mayor/Chairman Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, she declared the pubic hearing closed. Mayor Pro TemNice Chairman Spiegel moved to waive further reading and adopt Resolution No. 08-18, authorizing a funding agreement with College of the Desert for the construction of the Palm Desert Public Safety Academy — funds are available ($500,000 in each account for a total of $2,000,000) in the following Accounts, Nos. 850-4800-454-3904, 851-4800-454-3904, 853-4800-454-3904, and 854-4800-454-3904. Motion was seconded by Ferguson and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 C. CITY CLERK 1. Consideration of Scheduling a Study Session on the Community Building/Recreation Facility/Pool. Mrs. Klassen asked the City Council to look at their calendars for scheduling the subject Study Session. Responding to comment, Mayor Pro Tem Spiegel noted that a recreation facility/pool was stated as one of the City's current priorities and needed to be addressed in the near future, agreeing that the $20 million figure mentioned was not absolute. Councilmembers discussed how the request for Study Session came to be, following action on the request for Community/Aquatic Center Components and Time Line at the last meeting, and the issue of cost. Mayor Benson confirmed that a Study Session was requested on a non -Council day, because it would take a longer time to deliberate, and Parks & Recreation and the YMCA needed to be involved as well. Councilman Kelly remarked that the March 13 staff report included a list that added up to $20 million, but it didn't say that all those things had to be done. So the City Council needed to decide what it wanted to include and exclude instead of holding it up. He agreed that a date needed to be set. With City Council concurrence, staff was directed to work with the City Council's Secretary to identify a minimum two-hour block for the Study Session on a non - Council day. 2. Consideration of Architectural Review Commission (ARC) Applicant. Mrs. Klassen said at the City Council's request, since there was a current vacancy on ARC, she forwarded a copy of an application received this week and was made aware that the City Council would like to interview the candidate. Councilmembers agreed. With City Council concurrence, the City Clerk was directed to schedule the ARC applicant interview just prior to the next City Council Meeting, April 10, with an action item also to be listed on the regular meeting agenda of that date for possible appointment. 24 c MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2008 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: None o City Council Committee Reports: 1. Riverside County Airport Authority— Councilman Kelly reported he attended an Airport Authority Meeting yesterday. He said although there was a lot of press about the "bad" economy, he was happy to report that the Jacqueline Cochran Regional Airport in Thermal was booming. It was selling more gas and having more airplanes coming in than ever before; a lot of large hangars were being built and being leased before they're ever finished. He said there was no indication that there was any slowdown in the economy from that airport. o City Council Comments: None XIX. ADJOURNMENT With City Council concurrence, Mayor Benson adjo,Grned the meeting at 5:08 p.m. ATTEST: CHELLE D. KLASE�N, CITY CLER CITY OF PALM DESERT, CALIFORNIA / eArLijk gli Z-14-fr./ N M..BEN%ON, MAYOR 25