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HomeMy WebLinkAbout2011-02-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 24, 2011 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 3:01 p.m. II. ROLL CALL Present: Councilmember Cindy Finerty Councilmember Jan C. Harnik Councilman William R. Kroonen Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson 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 Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APNs 652-070-001; 652-090-001; 652-120-001, -002, 628-390-045, -044, -037, and -028 (39 Acres Total) Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert Property Owner: MKH Fund 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 On a motion by Spiegel, second by Kroonen, and 5-0 vote of the City Council, Mayor Benson adjourned the meeting to Closed Session at 3:03 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. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councitmember Jan C. Harnik VII. INVOCATION - Mayor Pro Tem Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MR. RICK KIRKPATRICK, Rancho Grande, Palm Desert, addressed the City Council about the permit he had for an RV (Recreational Vehicle) to be parked in his back yard. In 2006 he installed a block wall around his home, and at the time asked if there were any other permits required in order to build the block wall, along with installing a slab in his yard on which to park the RV. He was told there was no permit needed for the slab; the wall around would cover it anyway. The two or three people who came to inspect the site told him he had satisfied all permit requirements. Approximately two weeks ago, however, a man came by saying he needed a permit. He noted that there was significant investment for the RV itself, 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 the licensing, and taxes —they were quite exorbitant costs —and maybe, if he was lucky, he got away one or two times a year to enjoy the unit, which came with its own associated costs. He felt the City's new $168 permit fee was prohibitive and asked the City Council to consider reducing it for residents who'd made provisions prior to the law made last year. Mayor Benson said Mr. Kirkpatrick's remarks would be referred to staff for further review. MR. RAYMOND GOODMAN, White Canyon Drive, Palm Desert, wanted to bring up an issue with the acoustics in the Council Chamber, which he was aware had been brought up previously. He'd been to the Council Meeting two times now and felt if it was on TV, he'd be a little more involved. He'd looked through the bylaws to try to find out why there was a Closed Session, which he didn't understand; although, he was sure everything was fine, having supported most of the current City Councilmembers. But he was still curious why the public wasn't able to attend or know more about the Closed Sessions. Lastly, he wanted to inquire about the Smart Meter and why the citizens of Palm Desert haven't been better informed about the reasons these were being installed. He pointed out that he has a cochlear implant and had been told by his doctors that it could cause harm. He felt that issue was being ignored while they were insisting on putting a Smart Meter in his residence. Mayor Benson said she would refer Mr. Goodman's information to the City Manager regarding the Smart Meter and to the City Attorney regarding Closed Sessions. MR. DOUG GALLOWAY, Broken Arrow Trail, Palm Desert, addressed the City Council on behalf of the Palm Desert Youth Sports Association, the baseball league in Palm Desert. He announced their upcoming Opening Day Event on Saturday, March 12. He also heartily commended City Senior Management Analyst Ryan Stendell, who'd stepped into the role after departure of the City's Parks & Recreation Department and was offering significant assistance to the Association in every facet of the upcoming event, which was most appreciated. He went on to invite the Mayor and City Councilmembers to the Opening Day Event, with ceremony on the baseball fields at 11:00 a.m., and former Cincinnati Reds Catcher Johnny Bench is this year's honoree. Additionally, the United States Marine Corps Band would be performing, along with their Color Guard, and antique military aircraft would be doing a flyover during the National Anthem. He said one of the most special parts of the day was the band's and vocalist's rehearsal at 10:30 a.m. in the Community Center Gymnasium, and he invited Councilmembers to attend that very inspirational part of the event. He noted that The Living Desert would be bringing small animals for the children at the event to interact with as well. About 2,000 people were expected, and he hoped to see everyone there. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATIONS TO RECOGNIZE MEMBERS OF THE CITY'S COMMITTEES AND COMMISSIONS FOR THEIR YEARS OF SERVICE. 1. Barbara Stenning - Art In Public Places Commission, 2005-2011. 2. Jono Hildner - Audit, Investment & Finance Committee, 2009-2011. 3. A. Phil! Babcock, Jr. - Parks & Recreation Commission, 1998-2011. 4. Mari Schmidt - Planning Commission, 2007-2011. 5. Kelly Litecky - Project Area No. 4 Committee, 2009-2011. 6. James Larsh - Public Safety Commission, 2003-2011. Mayor Pro Tem Spiegel commented that the City of Palm Desert has over 200 residents who serve as volunteer members of its advisory Committees and Commissions. Each January the City Council makes new appointments, and it also says goodbye to some of its Committee/Commission Members, which had just taken place. Therefore, on behalf of the City Council, he presented engraved crystal clocks to Ms. Stenning, Mr. Hildner, Mr. Babcock, and Mr. Larsh for their many years of service and applauded them all for the time they devoted to the City's betterment. Ms. Schmidt and Ms. Litecky were unable to be present at today's meeting, and their clocks will be sent to them. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 10, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 169, 170, 171, and 176. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of September 2010, October 2010, and November 2010 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Red Lobster#6378, Northwest Corner of Highway 111 & Fred Waring Drive, Palm Desert. Rec: Receive and file. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Service Systems Associates, Inc., 47900 Portola Avenue, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Travel Traders #3063, 74855 Country Club Drive, #A, Palm Desert. Rec: Receive and file. G. AUDIT, INVESTMENT & FINANCE COMMITTEE Minutes for the Meetings of September 28, 2010, October 26, 2010, and November 23, 2010. Rec: Receive and file. H. REQUEST FOR EXTENSION of Contract for Online Marketing Services with Off Madison Ave. for a Two -month Period (Contract No. C30020). Rec: By Minute Motion, authorize extension of the subject contract with Off Madison Ave., Tempe, Arizona, for a two -month period through April 2011 — funds are available in the Marketing Budget, Account Nos. 110-4417-414-3090 and 110-4417-414-3221. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29690 — Traffic Signal Installation at Frank Sinatra Drive and Gerald Ford Drive (Project No. 557-05) (Sierra Pacific Electrical Contracting, Riverside, 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. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29700 — 2010 Citywide Striping Program (Project No. 564-10) (Chrisp Company, Fremont, 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. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 K. REQUEST FOR APPROVAL of Two Planning Commissioners Attending the 2011 League of Califomia Cities' Planners Institute Conference in Pasadena, California, March 9 - 11. Rec: By Minute Motion, authorize travel for two (2) Planning Commissioners to attend the League's Planners Institute Conference in Pasadena, California, March 9-11, 2011 —funds in the approximate amount of $2,600 are available in the City Council Committee Conferences Account (No. 110-4110-410-3121) and Department of Community Development Travel Accounts (Nos. 110-4470-412-3115 and -3120). L. CONSIDERATION of City Sponsorship of the Rotary Club of Palm Desert Citizen of the Year Event March 23, 2011, at the Desert Springs JW Marriott Resort in the Amount of $2,000. Rec: By Minute Motion, approve: 1) City of Palm Desert sponsorship of the Rotary Club of Palm Desert Citizen of the Year Event in the amount of $2,000; 2) appropriation of $2,000 from the Unobligated General Fund Reserve to the City Manager Local Meetings Account (No. 110-4130-411-3125) for this purpose. M. SINGLE AUDIT REPORT of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2010. Rec: Receive and file the Report. N. REQUEST FOR AUTHORIZATION to Expend $2,891 in CaICOPS Funds for Various Traffic Collision Investigations Courses. Rec: By Minute Motion, approve the expenditure of $2,891 in CaICOPS funds to send Palm Desert Police Department Officers to various traffic collision investigation courses. O. REQUEST FOR AUTHORIZATION to Expend $3,247.83 in CaICOPS Funds for LifeSavers 2011 - Phoenix Conference, March 27 - 29. Rec: By Minute Motion, approve the expenditure of $3,247.83 in CaICOPS Funds to send Palm Desert Police Department Officers to the LifeSavers 2011-Phoenix Conference, March 27-29. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 P. REQUEST FOR AUTHORIZATION to Modify United States Department of Justice BJA Justice Assistance Grant (JAG) Program FY 2010 Local Solicitation (Award #2010-DJ-BX-0688). Rec: By Minute Motion, approve the Palm Desert Police Department's recommendation to modify the program scope for the United States Department of Justice BJA Justice Assistance Grant (JAG) Program FY 2010 Local Solicitation (Award #2010-DJ-BX-0688). Q. INFORMATIONAL REPORT on Burglary and Theft in Palm Desert, 2008-2010. Rec: Receive and file. Upon a motion by Kroonen, second by Finerty, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO AMEND ENERGY INDEPENDENCE PROGRAM REPORT AND ADMINISTRATIVE GUIDELINES PREPARED PURSUANT TO SECTION 5898.22 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE, AND SETTING A PUBLIC HEARING THEREON. Redevelopment Manager Martin Alvarez stated the proposed Resolution indicates the City's intent to amend the guidelines for the Energy Independence Program (IEP). Recent Assembly Bill 44 (AB44) passed in January 2011, which prohibits the increase of more than 5% of the property value on property taxes, liens, or assessments. This item will return under a public hearing to amend the guidelines to implement AB44, which will be held at the next City Council meeting. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 2011-9. Motion was seconded by Harnik and carried by a 5-0 vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 B. RESOLUTION NO. 2011 - 10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING THE MISSION SPRINGS WATER DISTRICT GROUNDWATER QUALITY PROTECTION PROJECT. Mr. Aryan stated the proposed Resolution supports the Mission Springs Water District Groundwater Quality Protection Project. This project is important, because it will protect the Mission Creek and Desert Hot Springs Aquifers, which are the headwaters of the water supply for the Coachella Valley. These aquifers are the primary sources of drinking water for parts of the Valley and protecting them is a priority for the California Regional Water Quality Board as well as the Coachella Valley Association of Governments (CVAG). Responding to question about the fiscal impact, he said there was no direct or indirect fiscal impact to the General Fund. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 2011-10. Motion was seconded by Kroonen and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO ANDY'S LANDSCAPE AND TREE SERVICE, INC., IN THE AMOUNT OF $72,376 FOR THE CITYWIDE PALM TREE PRUNING PROGRAM (CONTRACT NO. C30450, PROJECT NO. 931-11) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Mayor Pro Tem/Vice Chairman Spiegel asked if this contract covered all the palm trees in the City. Landscape Manager H. Spencer Knight answered yes, stating pruning will begin in March all the way through the middle of August depending on weather and species of trees. He said the Date Palms will be pruned first, then the Mexican Fan Palms, and lastly the California Fan Palms. Responding to question, he confirmed the palm trees in the Housing projects will be pruned as well. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 Councilman/Member Kroonen moved to, by Minute Motion: 1) Award subject contract for the Citywide Palm Tree Pruning Program to Andy's Landscape and Tree Service, Inc., Palm Desert, California, in the total amount of $72,376 (City - $64,746.00 and Housing Authority - $7,630.00); 2) authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $7,237.60 (City - $6,474.60 and Housing Authority- $763.00); 3) authorize the Mayor/Chairman to execute said contract —funds are available for the portion of the contract relative to the City and Assessment Districts in Parks and Recreation Account Nos. 110-4610-453-3320, 110-4611-453-3320, 110-4611-453-3371; Repair/Maintenance Medians Account No. 110-4614-453-3370; and Assessment District Fund 200 Accounts; for the portion of the contract relative to the Housing Authority, funds are set aside in the 2010-11 Housing Authority Operating Budget. Motion was seconded by Finerty and carried by a 5-0 vote. B. REQUEST FOR AWARD OF CONTRACT TO LEON'S LANDSCAPING AND TREE SERVICE, INC., IN THE AMOUNT OF $13,639.25 FOR CONSTRUCTION OF THE KANSAS STREET RETENTION BASIN LANDSCAPE (CONTRACT NO. C30530, PROJECT NO. 910-10) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor Pro TemNice Chairman Spiegel moved to, by Minute Motion: 1) Award the subject contract for Construction of the Kansas Street Retention Basin Landscape to Leon's Landscaping and Tree Service, Inc., Thousand Palms, California, in the amount of $13,639.25; 2) authorize the Director of Finance to set aside a 10% contingency in the amount of $1,363.93; 3) authorize the Mayor to execute said contract —funds are available in Account No. 854-4625-454-4001, Palm Desert CC Park — no General Funds being used for this expenditure. Motion was seconded by Finerty and carried by a 5-0 vote. C. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED IN FALCON CREST KNOWN AS 42190 GOLDEN EAGLE LANE (APN 624-431-011), IF NECESSARY, IN ANTICIPATION OF EXPIRATION OF THE FIRST RIGHT -OF -REFUSAL PERIOD (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Ms. Moore stated this property was located in Falcon Crest and the owner has expressed a desire to sell the property. The City/Agency has the first right -of -refusal to purchase the property, but at this time, staff would not be able to identify a buyer in time to purchase it within the 45-days. Therefore, staff recommends authorization to acquire the property at this time. Responding to question on the condition of the home, she said the property was in good shape. Mayor Pro Tem/Vice Chairman Spiegel moved to, by Minute Motion: 1) Authorize acquisition of 42190 Golden Eagle Lane (APN 624-431-011) for the purpose of retaining affordability covenants and resale, if necessary, in anticipation of expiration of the 45-day first right -of -refusal period in amount pursuant to the Affordable Agreement (approximately 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 $226,188, to be increased by reasonable closing costs and commissions); 2) approve Agency Silent Second and City BEGIN Third Trust Deed in amounts necessary to secure an affordable housing cost pursuant to Redevelopment Law for either a direct sale or Agency resale from Housing Set -aside Fund and BEGIN Program monies; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction; 4) authorize the Executive Director or his designee to execute any documents necessary to facilitate this transaction — funds are available in Acquisition Rehab and Resale Account No. 870-4492-464-4001, BEGIN Program Fund Account No. 214-4494-464-3901, and Homebuyer Assistance Account No. 870-4699-464-4001. Motion was seconded by Kroonen and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF THE CITY OF PALM DESERT 2011 SUMMER CONCERT SERIES. Mayor Benson questioned why the City would use a rental company from Palm Springs when it always used the Musicians Outlet, which was local. Ms. Riddle answered it was the same company, stating the Musicians Outlet was where the equipment was sold, and the Studio Instrument Rentals in Palm Springs is where they have the staff that comes out to assist with the concert set up, sound, and lighting. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve the 2011 Summer Concert Series Schedule; 2) approve the following contracts for performances at the 2011 Summer Concert Series: a) Pretzel Logic Band - $2,500 (Contract No. C30620A); b) Navy Band - $500 (Contract No. C30620B); c) One11 Band - $1,000 (Contract No. C30620C); d) The Silverados - $1,000 (Contract No. C30620D); 3) approve expenditure with Studio Instrument Rentals, Palm Springs, California, for concert professional staff, instrumental equipment, sound, and/or lighting in conjunction with the concerts; 4) authorize the Mayor to execute said contracts —funds are available in Account No. 110-4416-414-3061. Motion was seconded by Kroonen and carried by a 5-0 vote. XV. CONTINUED BUSINESS None 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO COOLEY CONSTRUCTION IN THE AMOUNT OF $1,058,441 FOR CONSTRUCTION OF THE BERGER CIRCLE AND BERGER DRIVE SOUTH RING ROAD AT THE CAL STATE UNIVERSITY, SAN BERNARDINO, AND UNIVERSITY OF CALIFORNIA, RIVERSIDE - PALM DESERT CAMPUSES (CONTRACT NO. R28830, PROJECT NO. 814-09) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Greenwood stated this contract is to build the Ring Road on the Cal State UCR campus in the amount of $1,058,441. Mayor/Chairman Benson noted for the benefit of the audience that the funds had been set aside for the past three years. Councilman/Member Kroonen moved to, by Minute Motion: 1) Award the subject contract for construction of the Berger Circle and Berger Drive South Ring Road to Cooley Construction, Inc., Hesperia, California, in the amount of $1,058,441; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $105,844.10; 3) authorize the Director of Finance to appropriate $1,339,000 from the Unobligated Redevelopment Agency Project Area No. 2 Funds to Account No. 851-4432-464-4001 for the project; 4) authorize the Mayor to execute said contract — funds will be available in Account No. 851-4432-464-4001 (Cal State Infrastructure) upon Council's authorization. Motion was seconded by Spiegel. Ms. Klassen pointed out for the record that there was a supplemental sheet handed out with an amended appropriation in the amount of $1,339,000 instead of what was listed in the agenda. Mayor Pro TemNice Chairman Spiegel stated it was still less than the $1.5 million that was originally appropriated. Ms. Klassen agreed. Mayor/Chairman Benson called for the vote and the motion carried by a 5-0 vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 B. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE COOK STREET DRAINAGE AND INTERSECTION IMPROVEMENTS AT COUNTRY CLUB DRIVE AND HOVLEY LANE EAST TO THE LOWEST RESPONSIBLE BIDDER (CONTRACT NO. C29370C, PROJECT NO. 505-03) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Greenwood stated this was a project staff was expediting due to the State budget issues. The contract is for improvements to the intersections of Cook Street and Hovley Lane East, and Cook Street and Country Club Drive, which will provide drainage, street widening, and traffic signal improvements. Responding to question about the construction time frame, he said construction will begin in April and run through October, which was about eight months worth of work. He said traffic control will be difficult because the hole in the ground for the drainage will be almost twenty feet deep, and in order to do that work, traffic will be down to one lane in each direction on Cook Street. He said the goal was to get the bulk of the work done in the summer. Mayor Pro TemNice Chairman Spiegel asked if there was any way to get the work done at night like it's being done with the overpasses along the freeway by closing traffic lanes down at night and opening them up during the day. Mr. Greenwood responded that's not how the projects were bid, and it could run the cost and time frame up considerably if the contractor had to back fill his work every night. He said it was technically possible, but more expensive, and the overall length of the construction would also take longer. Councilman/Member Kroonen moved to, by Minute Motion: 1) Award the subject contract for Construction of the Cook Street Drainage and Intersection Improvements at Country Club Drive and Hovley Lane East in the amount of $2,581,205; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $258,120.50; 3) authorize the Director of Finance to set aside a 15% allocation for Construction Support and Material Testing Services in the amount of $387,180.75; 4) authorize the Mayor to execute said contract — funds are currently available in Account Nos. 213-4385-433-4001 (Measure "A"), 232-4375-433-4001 (Drainage), and 853-4385-433-4001 (Resolution Nos. 07-60 and 542). Motion was seconded by Benson and carried by a 5-0 vote. Ms. Klassen pointed out this item also had a supplemental report that gave the award to Cooley Construction in the amount of $2,581,205. Mayor Pro Tem/Vice Chairman Spiegel requested staff inquire what cost would be involved for performing the work during the nighttime hours to lessen the impact on traffic. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 C. REQUEST FOR AWARD OF CONTRACT TO THE PENTA BUILDING GROUP IN AN AMOUNT NOT TO EXCEED $848,149 FOR THE FIRE STATION NO. 33 (PROJECT NO. 613-09) AND FIRE STATION NO. 71 (PROJECT NO. 871-09) RENOVATION PROJECT (CONTRACT NO. C30300) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Aryan noted this was another project staff was attempting to expedite due to the current State budget situation. The contract is for the renovation of the Town Center Fire Station No. 33 and the North Fire Station No. 71. Mayor Pro TemNice Chairman Spiegel moved to, by Minute Motion: 1) Approve the two project options of Landscaping and QuakeGuard System at Fire Station Nos. 33 and 71; 2) authorize the Mayor to execute Contract No. C30300 with The Penta Building Group, Palm Desert, Califomia, in an amount not to exceed $848,149 (including Landscaping and QuakeGuard Options) for the Fire Station Nos. 33 (Project No. 613-09) and 71 (Project No. 871-09) Renovation Project; 3) authorize the Director of Finance to set aside the amount of $84,814.90 as 10% contingency (use of contingency requires additional action) — funds for this project are included in the 2010/2011 Redevelopment Agency Financial Plan in Project Area Nos. 1 and 2, Account Nos. 850-4220-464-4001 and 851-4220-464-4001. Motion was seconded by Finerty. Councilmember/Member Harnik asked if the QuakeGuard System had been installed at Fire Station No. 67. Mr. Aryan answered no. Ms. Klassen announced the motion carried by a 5-0 vote. D. REQUEST FOR APPOINTMENT OF TWO (2) CITY COUNCILMEMBERS TO A SUBCOMMITTEE THAT WILL WORK WITH STAFF AND THE BUSINESS COMMUNITY TO DEVELOP NEW STANDARDS FOR ILLUMINATED WINDOW SIGNS ("NEON SIGNS"). Mayor Pro Tem Spiegel moved to, by Minute Motion, appoint Councilman Kroonen and Councilmember Harnik to the subcommittee dealing with illuminated window signage. Councilmember Harnik and Councilman Kroonen both accepted the nomination. Ms. Klassen announced the motion carried by a 5-0 vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AN AMENDMENT TO RESOLUTION NO. 91-5, REMOVING DEPARTMENT OF COMMUNITY DEVELOPMENT/PLANNING CONDITION REGARDING EXCLUSION OF A SUPERMARKET; ZONING ORDINANCE AMENDMENT TO CHAPTER 25.30 OF THE PALM DESERT MUNICIPAL CODE TO ALLOW SUPERMARKETS NOT EXCEEDING 60,000 GROSS SQUARE FEET AS CONDITIONAL USES IN THE REGIONAL PC (3) ZONE; EXTERIOR MODIFICATIONS AND A TOWER ELEMENT (AS PROVIDED FOR BY P.D.M.C. 25.56.300) TO INCREASE THE WEST TOWER ELEMENT FROM 34 FEET TO 40 FEET LOCATED AT 72-280 HIGHWAY 111; AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Case Nos. ZOA/CUP 10-228 (KKE Architects, Applicant). Responding to question, Principal Planner Tony Bagato confirmed staff was recommending this item to be continued to the March 10 meeting, stating a mitigated traffic study was still being prepared. Mayor Benson declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. No public testimony was offered, and she left the public hearing open. Mayor Pro Tem Spiegel moved to, by Minute Motion, continue this item to the meeting of March 10, 2011. Motion was seconded by Finerty and carried by a 5-0 vote. B. CITY COUNCIL REQUEST FOR REVIEW OF THE APPROVAL OF A PRECISE PLAN OF DESIGN FOR A NEW DEPARTMENT OF MOTOR VEHICLES (DMV) FACILITY LOCATED AT 36-400 TECHNOLOGY DRIVE, NORTH OF GERALD FORD DRIVE — PROPOSED BUILDING TOTALS 11,280 SQUARE FEET ON A VACANT, 2.22-ACRE SITE Case No. PP 10-302 (The Magnon Companies, Applicant). Councilmember Finerty stated she called this case up due to two concerns raised when the Council conducted its interviews. However, after having met with staff, she had a better understanding that this building was LEED Certified. She said the project may not include solar, but the Applicant certainly included the design and hookups for solar energy. She commended the Applicant for their LEED Silver certification. She said unless the Council had any other concerns, hers had been addressed. Councilmember Harnik stated there was a concern raised during those interviews about how the building was faced in that when the doors were 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 opened the wind that came through the wind corridor would be confronted, and wondered if that had been addressed. Principal Planner Tony Bagato displayed the west elevation that shows the porte cochere where the testing lane is located, which he said was the windiest side of the building. He said the main entrance is on the east side of the building where the wind wouldn't be too bad for the majority of the people going in and out, but the wind will affect those exiting on the left side where the testing lane is located. Mayor Benson said it was related to the Council that it was the main entrance that would be affected. Councilman Kroonen stated he had a couple of routine questions and the first one was that in a case such as this one, he wondered who owned the land. Mr. Bagato responded the land is owned by the private property owner. Councilman Kroonen stated his second question was that if there are discoveries of Native American artefacts found, follow up is with the Morongo Band of Mission Indians. He was curious why it went to them when there were other Indian or Native American organizations that were closer. Mr. Bagato answered staff notified the nine tribes that are on the list under the State requirements, and Morongo Band of Mission Indians was the only one that responded that there could be potential impacts. Councilman Kroonen stated his next question was more of a procedural question for his colleagues. He said in this case and on other occasions there is a split opinion or split vote on the Planning Commission, and questioned if there was a precedence for asking for a minority report from the Planning Commission when there is a split vote. He said he would learn from knowing why people voted against something. Mayor Pro Tem Spiegel responded the Council normally received the minutes from the Planning Commission and those minutes would indicate why a member voted against or in favor of an item. Councilman Kroonen said he didn't recall there was an explicit statement along those Tines. Councilmember Finerty stated the minutes usually did a pretty good job of providing that information, but on a split vote, the staff report could be expanded as to what the commissioner said and what the concern was, which she would appreciate having as well. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 Mayor Benson declared the public hearing open and invited public testimony FAVORING or OPPOSING this case. MR. DOUG MAGNON, Applicant, offered to answer any questions about the project. He said the west doors of the building are for the test area where one would take a vehicular drive, but with respect to the wind, they are looking into constructing solid walls on the property line to create a wind break and lessen the impact. He said the building is LEED certified and highly energy efficient. He believed the chief concern at the Planning Commission meeting was more of an overall issue of acquiring solar on many projects and they just happen to bring that issue up on this project. With no further testimony offered, Mayor Benson declared the public hearing closed. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 2011 -11, approving Precise Plan No. 10-302, subject to attached conditions. Motion was seconded by Finerty and carried by a 5-0 vote. C. REQUEST FOR REDEVELOPMENT AGENCY PUBLIC HEARING AND THE AGENCY'S AND CITY'S ADOPTION OF RESOLUTIONS APPROVING THE DELEGATION AND CONVEYANCE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT REDEVELOPMENT AGENCY (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Senior Management Analyst Catherine Walker stated this action provides the transfer of several Palm Desert Redevelopment Agency properties to the City and delegates to the City the Agency's powers and functions with respect to the planning and undertaking of the redevelopment of these properties as per the current Redevelopment Plan. Further responding, she said this action was an effort to preserve both the City and Agency's intention for the properties. Mayor/Chairman Benson declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. With no testimony offered, she declared the public hearing closed. Mayor Pro Tem/Vice Chairman Spiegel moved to: 1) Waive further reading and adopt Redevelopment Agency Resolution No. 581 and City Council Resolution No. 2011 -12, approving the Delegation and Conveyance Agreement (Contract No. R30610), and authorizing the City Manager/Executive Director to execute the Agreement and any and all documents necessary to facilitate the Agreement; 2) By Minute Motion, authorize the Mayor/Chairman to execute any and all documents necessary for the conveyances. Motion was seconded by Finerty and carried by a 5-0 vote. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manaaer Meetina Summaries for the Period of February 2 - 15, 2011. With City Council concurrence, the report was received and filed. 2. Request for City Council Study Session - Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA) — Mr. Wohlmuth said he'd been asked to arrange a Study Session and understood Thursday, March 24, at 2:00 p.m. may be available to meet the new President and CEO for the CVA, Scott White. Mr. White and the City Council would discuss the CVA's plans, programs, and the forecast for tourism this year. If this met with the Council's approval, he would make the arrangements. Mayor Pro Tem Spiegel added that he'd suggested the Study Session, because Mr. White has some pretty interesting plans. Before the City Council looks at its Marketing Budget for FY 2011-2012, he felt it would be beneficial to see what the CVA plans to do and see what could be interfaced. With City Council concurrence, City Manager was directed to arrange a Study Session on Thursday, March 24, 2011, at 2:00 p.m. for a discussion with the Palm Springs Desert Resort Communities CVA. 3. Citizens' Sustainabilitv Committee — Mr. Wohlmuth stated the City Clerk's Office had received all the applications for the Sustainability Committee, and staff had arranged applicants in the different categories of expertise that would be insightful for the Committee. He asked Council about a schedule for interviewing and appointing members to this new Committee. In answer to question, he said there were 33 applications and nine (9) members needed to be appointed. Mayor Benson proposed each Councilmember receive copies of the applications and select applicants each would like to interview. Mr. Wohlmuth agreed to distribute the applications by first of next week, and Council would return the names to be interviewed. Staff will determine how much time will be necessary thereafter and schedule the interview sessions for the entire City Council. City Councilmembers concurred. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 B. CITY ATTORNEY None C. CITY CLERK None D. PUBLIC SAFETY o Fire Department None o Police Department None Mayor Benson commented that both the Fire and Police Departments provided good reports at yesterday's Chamber of Commerce State of the City Luncheon. She further commended all of City staff for their input and participation during the luncheon address, adding that she'd already received many compliments on the presentations. Councilman Kroonen concurred and congratulated Mayor Benson for her role in the presentation as well. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Consideration of Travel Requests and Reports: None o City Council Committee Reports: None o City Council Comments: 1. Mayor Pro Tem Spiegel commented that from all reports he'd been given, it looked as though the economy was turning in the right direction. He spoke with the General Manager of Westfield, and overall sales for its stores were up 6% in the month of January, which was very promising. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 o Suaaested Items for Future City Council Meetina Agendas 1. Appointments to the Marketing Committee and Parks & Recreation Commission, Respectively. Mayor Pro Tem Spiegel said the Public Relations Manager at Westfield would be a good addition to the City's Marketing Committee, and he would recommend her appointment. Additionally, he noted that when the Council conducted its interview sessions last month, it discussed Ray Rodriguez as a candidate for the Parks & Recreation Commission. He wished to add his name for appointment to that Commission as well. With City Council concurrence, staff was directed to place the aforementioned recommendations for appointments on the agenda for March 10, 2011. XIX. ADJOURNMENT Upon a motion by Spiegel, second by Kroonen, and 5-0 vote of the City Council, Mayor Benson adjoumed the meeting at 4:49 p.m. ATTEST: RAGIHELLE D. KLASSEN, eITY CLERK CITY OF PALM DESERT, CALIFORNIA ALctivt- M. BENS)* MAYOR 19