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Home My WebLink About2010-07-27MINUTES ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY TUESDAY, JULY 27, 2010 — 3:00 P.M. CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Mayor/Chairman Finerty convened the meeting at 3:02 p.m. II. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember/Member Jean M. Benson III. INVOCATION - Councilman/Member Robert A. Spiegel IV. ROLL CALL Present: Councilmember/Member Jean M. Benson Mayor Pro TemNice Chairman Jim Ferguson Councilman/Member Robert A. Spiegel Mayor/Chairman Cindy Finerty Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council/Agency Board, Councilman/Member Richard S. Kelly's absence from today's meeting was excused. Excused Absence: Councilman/Member Richard S. Kelly Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Frankie Riddle, Director of Special Programs Grace L. Mendoza, Deputy City Clerk MINUTES ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 27, 2010 V. ORAL COMMUNICATIONS None VI. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 628-130-015 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Barracuda, LLC Under Negotiation: x Price x Terms of Payment 2) Property: APN 628-130-008 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: David Nelson Under Negotiation: x Price x Terms of Payment 3) Property: 43-755 Kelsey Court Negotiating Parties: Agency: Justin McCarthy/Janet Moore/ Palm Desert Redevelopment Agency Property Owner: Harry G. and Joyce E. Planck Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) PDCC Development LLC, Petition for Bankruptcy, United States Bankruptcy Court, Central District of California b) AC Massage and Lawrence Andrews v. City of Palm Desert, Riverside County Superior Court Case No. INC 10005945 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 2 MINUTES ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 27, 2010 Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 + 3 = 4 Mr. Erwin requested the City Council/Agency Board add three (3) more cases of potential to initiate litigation pursuant to Government Code Section 54956.9(c) to the agenda for Closed Session consideration. Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council/Agency Board, with Kelly ABSENT, the aforementioned cases of potential litigation were added to the agenda. With City Council/Agency Board concurrence, Mayor/Chairman Finerty adjourned the meeting to Closed Session at 3:05 p.m. She reconvened the meeting at 3:45 p.m. VII. RECONVENE MEETING A. REPORT ON ACTION FROM CLOSED SESSION. None VIII. CONSENT CALENDAR A. MINUTES of the Regular City Council and Redevelopment Agency Meetings of July 8, 2010, and July 22, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY/AGENCY TREASURIES - Warrant Nos. 264, 265, 268, 1, 2, 6, 9, 10, 14; 264RDA, 266RDA, 3RDA, 7RDA, 11 RDA, 15RDA; 264-Housing, 267-Housing, 4-Housing, 8-Housing, 12-Housing, 16-Housing; 5HA, and 13HA. Rec: Approve as presented. C. CONSIDERATION of a Request for Funding to Sponsor the Santa Rosa and San Jacinto Mountains National Monument Tenth Anniversary Celebration. Rec: By Minute Motion: 1) Approve sponsorship in the amount of $5,000 for the Santa Rosa and San Jacinto Mountains National Monument Tenth Anniversary Celebration; 2) authorize the City Manager to execute the Sponsorship Agreement (Contract No. C30100) — funds are available from Community Sponsorships, Account No. 110-4416- 414-3062. 3 MINUTES ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 27, 2010 D. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R29260 — Desert Willow Landscape Improvements at the Corner of Desert Willow Drive and Country Club Drive (Earth Sculptures, Inc., Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Upon a motion by Benson, second by Spiegel, and 4-0 vote of the City Council/Agency Board, with Kelly ABSENT, the Consent Calendar was approved as presented. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. RESOLUTION NO. 576 - A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY, RESCINDING RESOLUTION NO. 556AND DECLARING ITS INTENT TO WITHDRAW ITS OBJECTION TO THE SALE OF TAX -DEFAULTED PROPERTY KNOWN AS 43-755 KELSEY COURT (APN 634-241-034), PALM DESERT, CALIFORNIA. Councilman/Member Spiegel moved to waive further reading and adopt Resolution No. 576. Motion was seconded by Ferguson and carried by 4-0 vote, with Kelly ABSENT. B. REQUEST FOR AUTHORIZATION FOR STAFF TO PROCEED WITH THE RETROFIT OF THREE DIESEL FUEL -POWERED VEHICLES FOR COMPLIANCE WITH CALIFORNIA AIR RESOURCES BOARD, ON -ROAD DIESEL VEHICLES, DIESEL EMISSIONS REGULATIONS (CONTRACT NO. C30090). Councilman/Member Spiegel moved to, by Minute Motion, authorize staff to retrofit three diesel fuel -powered vehicles for compliance with California Air Resources Board (CARB), On -road Diesel Vehicles, Diesel Emissions Regulations in the amount of $41,923.54 per the quotation provided by ACT Compliance Solutions, Corona, California — funds are available in General Fund Account No. 110-4331-413-3340 - Auto Fleet Repair and Maintenance. Motion was seconded by Benson and carried by 4-0 vote, with Kelly ABSENT. 4 MINUTES ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 27, 2010 C. REQUEST FOR AUTHORIZATION TO ALLOW NEON WINDOW SIGNS IN STOREFRONTS ON A TEMPORARY BASIS FROM AUGUST 2010 TO OCTOBER 2012, SUBJECT TO THE CRITERIA DESCRIBED. Mr. Erwin commented that after considerable discussion with the City Council, he suggested a motion that would direct the City Attorney and City staff to prepare an amendment to the Sign Ordinance that would delete the prohibition of neon signs and require that all signs go through the normal Architectural Review process. Councilman/Member Spiegel suggested that the direction be for all new neon signs. Mayor/Chairman Finerty also requested that the motion state that all new neon signs go through the Architectural Review process with the ability of the City Council to call them up. Mayor Pro TemNice Chairman Ferguson asked that the motion additionally direct staff to abate all enforcement actions against existing owners of neon signs. Councilmembers/Agency Board Members concurred that existing neon signs would remain as they are. Mayor Pro TemNice Chairman Ferguson moved to, by Minute Motion, direct: 1) City Attorney and staff to prepare a Sign Ordinance Amendment to delete the prohibition of neon signs and instead require that all new neon signs go through the Architectural Review process, which is subject to City Council request for consideration; 2) staff to abate all enforcement actions against existing owners of neon signs. Motion was seconded by Benson and carried by 4-0 vote, with Kelly ABSENT. MR. LARRY LEVINE, Snookies Footsies, Palm Desert, thanked the City Council/Agency Board for their consideration and action regarding neon signs. Mayor Pro TemNice Chairman Ferguson also asked Ms. Aylaian to send a letter to all who received one previously to let them know of today's City Council action. D. REQUEST FOR APPROVAL OF ADVERTISING DESIGN SERVICES BY OFF MADISON AVE. FOR FISCAL YEAR 2010-2011 (CONTRACT NO. C30110). Mayor Pro TemNice Chairman Ferguson moved to continue this matter to the meeting of August 26, 2010. Motion was seconded by Spiegel and carried by 4-0 vote, with Kelly ABSENT. 5 MINUTES ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY XI. OLD BUSINESS JULY 27, 2010 A REQUEST FOR RATIFICATION OF ENGINEERING ADVANCE TO SOUTHERN CALIFORNIA EDISON AND AUTHORIZE PAYMENT FOR UTILITY RELOCATION FOR THE FRANK SINATRA DRIVE AND PORTOLA AVENUE INTERSECTION IMPROVEMENTS PROJECT (CONTRACT NO. C27950C, PROJECT NO. 572-08). In answer to Councilman/Member Spiegel's question about adjacent property owners' financial participation in the project, Mr. Chen said there was none. Councilman/Member Spiegel moved to, by Minute Motion: 1) Ratify the engineering advance to Southern California Edison (SCE); 2) authorize payment forthe utility relocation in conjunction with construction of the Frank Sinatra Drive and Portola Avenue Intersection Improvements Project; 3) authorize the City Manager to execute the Relocation Estimate Agreement — funds are available in the Portola Avenue at Frank Sinatra Intersection Improvement Project Account, No. 213-4548-433-4001, Measure "A." Motion was seconded by Ferguson and carried by 4-0 vote, with Kelly ABSENT. B. REQUEST FOR AUTHORIZATION TO RESCIND AWARD OF CONTRACT TO GHA ENTERPRISES, INC., FOR THE LAKEVIEW TERRACE EXPANSION PROJECT AT DESERT WILLOW GOLF RESORT AND TO AWARD SAID CONTRACT TO THE LOWEST RESPONSIVE BIDDER (CONTRACT NO. R29420A). Mayor Pro TemNice Chairman Ferguson moved to, by Minute Motion: 1) Rescind award of Contract No. R29420A to GHA Enterprises, Inc., Cathedral City, California; 2) approve Project Additive Alternates 1, 2, 4, 6, and 7; 3) authorize the Chairman to execute Contract No. R29420A with DavisReed Construction, Inc., San Diego, California, in an amount not to exceed $1,295,500 for the Lakeview Terrace Expansion Project at Desert Willow Golf Resort; 4) authorize the Director of Finance to set aside a 10% contingency in the amount of $129,550 for the project (use of which requires additional action) — funds have been included in the 2010-2011 Financial Plan in Project Area No. 2, Account No. 851-4663-454-4001. Motion was seconded by Spiegel and carried by 4-0 vote, with Kelly ABSENT. C. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT TO THE LOWEST RESPONSIVE BIDDER FOR THE KITCHEN/BUILDING EXPANSION PROJECT AT DESERT WILLOW GOLF RESORT (CONTRACT NO. R29450C). Responding to question, Redevelopment Manager Martin Alvarez said The Penta Building Group was a local firm that has been pre -qualified for this project. 6 MINUTES ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 27, 2010 Councilman/Member Spiegel moved to: 1) By Minute Motion, approve Project Additive Alternate No. 1; 2) by Minute Motion, authorize the Chairman to execute the subject contract with The Penta Building Group, Palm Desert, California, in an amount not to exceed $2,880,873.49 (including Additive Alternate No. 1) for the Kitchen/Building Expansion Project at Desert Willow Golf Resort; 3) by Minute Motion, authorize the Director of Finance to set aside the amount of $288,087.35 as 10% contingency for the project (use of which requires additional action) — funds for the construction have been included in the 2010-2011 Financial Plan in Project Area No. 2, Account No. 851-4663-454-4001; 4) by Minute Motion, authorize the use of an amount not to exceed $231,000, including 10% contingency for non -fixed furniture, fixtures, and equipment associated with the Kitchen/Building Expansion — funds are available in Desert Willow Golf Course Maintenance Fund 241; 5) waive further reading and adopt Resolution No. 2010 - 61, approving a loan in an amount not to exceed $500,000 from the City's Golf Course Maintenance Fund (Fund 241) to the Desert Willow Golf Course Operating Fund (Fund 520). Motion was seconded by Ferguson and carried by 4-0 vote, with Kelly ABSENT. D. REQUEST FOR APPROVAL OF THE 2010-2011 MEDIA PLACEMENT PLAN. Mayor Pro TemNice Chairman Ferguson moved to continue this item to the meeting of August 26, 2010. Motion was seconded by Spiegel and carried by 4-0 vote, with Kelly ABSENT. XII. ADJOURNMENT Upon a motion by Ferguson, second by Spiegel, and 4-0 vote of the City Council/Agency Board, with Kelly ABSENT, Mayor/Chairman Finerty adjourned the meeting to Closed Session at 3:51 p.m. She reconvened the meeting at 4:15 p.m. Upon a motion by Finerty, second by Ferguson, and 4-0 vote of the City Council/Agency Board, with Kelly ABSENT, Mayor/Chairman Finerty immediately adjourned the meeting , with no reportable action from the Closed Session. 71/ CIIJDY FINE`I'rY, MAYOR/C4AIRMAN ATTEST: RA HELLE D. KLASSEN, OITY CLERK/SI CP.ETARY CITY OF PALM DESERT, CALIFORNIA/ PALM DESERT REDEVELOPMENT AGENCY 7