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HomeMy WebLinkAboutPrelim Minutes - City 05/27/04PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 27, 2004 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Pro Tem Crites convened the meeting at 3:02 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Pro Tem Buford A. Crites Excused Absence: Mayor Robert A. Spiegel 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 Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Mark D. Greenwood, City Engineer Amir Hamidzadeh, Director of Building & Safety Philip Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing Michael J. Errante, Director of Public Works David Yrigoyen, Director of Redevelopment Robert P. Kohn, Director of Special Programs III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 a) City of Palm Desert v. Sohail Mull and Donna Meritt, Individually, and Doing Business As Tribal Touch Rugs and More, Riverside County Superior Court Case No. INC 041761 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 With Council concurrence, Mayor Pro Tem Crites adjourned the meeting to Closed Session at 3:03 p.m. He reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF SERVICE AWARDS FOR CITIZENS ON PATROL (COPS) VOLUNTEERS. On behalf of the City Council, Mayor Pro Tem Crites presented certificates recognizing the following COPS Volunteers present at this meeting for their hours of service during the past year: Larry Schoncite (52 hours); Jim Boling (62 hours); Joe Marmo (67 hours); June Boyle (69 hours); Gary Ordway (74 hours); John Fanning (75 hours); Marvin Schurgin (90 hours). B. PRESENTATION TO RECOGNIZE MARJORIE GOFFINEY FOR HER SERVICE TO THE CITY OF PALM DESERT AND THE PALM DESERT REDEVELOPMENT AGENCY AS A MEMBER OF THE CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO. 4. On behalf of the City Council, Mayor Pro Tem Crites presented Ms. Goffiney with an engraved crystal clock, thanking Ms. Goffiney for her service to the 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 City, Redevelopment Agency, and the Citizens' Advisory Committee for Project Area No. 4 Ms. Goffiney expressed her appreciation to the City for the interest shown in and the support given its various advisory bodies. C. PRESENTATION TO THE CITY COUNCIL BY STUDENTS FROM PALM DESERT MIDDLE SCHOOL AND THE AFTER SCHOOL PROGRAM. Palm Desert Middle School Principal Maureen Thompson addressed the City Council to thank the City for its strong support of Palm Desert Middle School (PDMS) and all Palm Desert schools in the Desert Sands Unified School District. She made particular note of the City -sponsored academic After School Program and of the support the City provides with its matching funds program for the Parent-Teacher Organization (PTO). She introduced the nationally recognized PDMS Cheerleaders and their coach, Michelle Walker, and the Cheerleaders presented a routine to the City Council and audience. President of the PDMS-PTO also expressed appreciation to the City Council for its continued financial support. She noted they were able to purchase enough textbooks for every classroom, which allowed students not to have to carry their books back and forth to school —the set provided by the District could be left at home. She said they'd also added a misting system to the lunch area to keep it more comfortable for students; new books were obtained for their library, as well as classroom equipment that teachers were able to use in their curriculums. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 13, 2004. Rec: By Minute Motion, continue to the meeting of June 10, 2004. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 221, 225, 226, 229, and 230. Rec: Approve as presented. C. MINUTES OF CITY COMMITTEE AND COMMISSION MEETINGS. 1. Housing Commission Meeting of April 14, 2004. 2. Public Safety Commission Meeting of April 14, 2004. Rec: Receive and file. 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 D. LETTER OF RESIGNATION from Marjorie Goffiney — Citizens' Advisory Committee for Project Area No. 4. Rec: Receive with very sincere regret. E. REQUEST FOR AUTHORIZATION to Contract for a Security System at the Desert Willow Golf Academy (Temporary Clubhouse Facility) and Maintenance Yard (Contract No. C22780). Rec: By Minute Motion, authorize: 1) Staff to negotiate a contract with SSD Systems, Inc., Palm Desert, California, in the amount of $20,454.10 to provide a security camera system at the Temporary Clubhouse Facility and Maintenance Yard; 2) appropriation of said funds from Account No. 241-4195-495-8092. F. REQUEST FOR AUTHORIZATION to Reject Bids Obtained for the Renovation of the Mesa View Fire Station - No. 67 (Contract No. C20580D). Rec: By Minute Motion: 1) Reject all bids for the addition to and remodel of the Mesa View Fire Station - No. 67; 2) direct staff to work with Urrutia Architects and the California Department of Forestry and Fire Protection (CDF) to redefine project scope; 3) upon redefining project scope, authorize the City Clerk to re -advertise the project for public bids. G. REQUEST FOR AWARD OF CONTRACT for Land Surveying Services for Capital Improvement Projects (Contract No. C22790). Rec: By Minute Motion, award the subject contract to RBF Consulting, Inc., Palm Desert, California, in the amount of $19,877 — funds are available in various Capital Improvement Budget project accounts. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20910B — Construction of the Street Improvements at Highway 111 and San Luis Rey (Project No. 635E-00) (Yeager Skanska, Inc., 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. I. REQUEST FOR WAIVER of Drainage Fees for Tract 30438 (Stone Eagle Development, Applicant). Rec: By Minute Motion, approve the subject request and waive drainage fees associated with the Stone Eagle Development, Tract 30438. 4 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 J. REQUEST FOR APPROVAL of Final Tract Map No. 30706 (Portola Pointe, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 04-45, approving the Final Subdivision Map of Tract No. 30706 and approving the Agreement relating thereto. K. REQUEST FOR APPROVAL of Final Tract Map No. 31377 (Centennial Homes, Applicant). Rec: Waive further reading and adopt Resolution No. 04-46, approving the Final Subdivision Map of Tract No. 31377 and approving the Agreement relating thereto. L. REQUEST FOR RATIFICATION of Staffs Submittal of the FY 2004/05 City/County Beverage Container Funding Request for the Civic Center Park Recycling Program. Rec: By Minute Motion: 1) Ratify staffs submittal of the subject City/County Funding Request for FY 2004/05 to the Department of Conservation in the amount of $12,187.00; 2) authorize the expenditure of funds in the amount of $21,911.75 towards the Civic Center Park Recycling Program from Account No. 236-4195-454-3090. M. REQUEST FOR AUTHORIZATION to Submit Application for the Used Oil Recycling Block Grant, FY 2004/05 (10`h Cycle). Rec: By Minute Motion, authorize: 1) Assistant City Manager for Community Services Sheila R. Gilligan to sign and submit application for the Used Oil Recycling Block Grant, FY 2004/05 (10'h Cycle); 2) appropriation and expenditure of funds in the amount of $13,322 from the Unobligated Recycling Fund, Account No. 236-4195-454-3090. N. REQUEST FOR APPROVAL of Out -of -State Travel for the Annual Americans for the Arts Convention Preconference "Civic Catalyst." Rec: By Minute Motion, approve out-of-state travel for the Public Art Coordinator to attend the subject Preconference for the 2004 Americans for the Arts Public Art Convention in Washington, D.C., July 14-17, 2004 — funds are available in Account No. 436-4650-454-3120. O. INFORMATIONAL ITEMS: 1. Status of Improvements on Grapevine Street 2. Report of Traffic Volumes on Magnesia Falls Drive 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 Upon motion by Benson, second by Kelly, the Consent Calendar was approved as presented by a 4-0 vote, with Mayor Spiegel ABSENT. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1065 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM PR-5 TO PR-13 FOR 25 ± ACRES ON THE NORTH SIDE OF GERALD FORD DRIVE, 636 FEET EAST OF MONTEREY AVENUE Case No. C/Z 03-04 (Sares Regis Group c/o Greg Albert, Applicant). Councilmember Benson moved to waive further reading and adopt Ordinance No. 1065. Motion was seconded by Ferguson. Councilman Ferguson stated there was a lot of discussion about what criteria needed to be met in order to get the high density bonus in the North Sphere. He felt one of the criteria overlooked was energy efficiency, and he was specifically referring to the City's Community Energy Efficiency Program. He said the City had not had a developer participate in that program yet, and he had asked Mr. Drell to check with the party to the development agreement to see if, since he is the model for the bonus, he would be willing as a condition in his development agreement to participate in that program. In essence, it gives them certified HVAC system for energy efficiency, they have to score better than 87% on the California Home Efficiency rating system, they have to meet the height and duct requirements of the California Energy Commission and then have a HERS inspection and diagnostic evaluation. In exchange, the City will provide certain nonmonetary benefits. He said he would like to add that as one of the items that would help the developer get the high density bonus and use this particular applicant as the model. He said he would like to put this into the development agreement; if there is significant adverse impact to the applicant, he can come back and 6 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 talk to the Council about it, and the City will work with him to mitigate some of that impact. Upon question by Mayor Pro Tem Crites, the applicant indicated this was acceptable to him. Councilman Ferguson requested an amendment/addition to the motion as follows: Approve development of a Memorandum of Understanding (MOU) between the City and the Applicant, which will outline the Applicant's intent to participate, to the greatest extent possible, in the City's Community Energy Efficiency Program for the subject project, and that the City will be receptive to the Applicant returning to seek City participation should it be found that costs are prohibitive for implementing said program. Councilman Kelly seconded the amendment, and the motion carried by a 4-0 vote, with Mayor Spiegel ABSENT. Mayor Pro Tem Crites called for a vote on the motion to adopt Ordinance No. 1065. Motion carried by a 4-0 vote, with Mayor Spiegel ABSENT. B. ORDINANCE NO. 1066 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AGREEMENT RELATING TO THE DEVELOPMENT AND ONGOING OPERATION OF A 320-UNIT APARTMENT/CONDOMINIUM PROJECT ON THE NORTH SIDE OF GERALD FORD DRIVE BETWEEN MONTEREY AVENUE AND PORTOLA AVENUE, 73-240 GERALD FORD DRIVE Case No. DA 03-02 (Sares Regis Group c/o Greg Albert, Applicant). Mr. Drell stated it was his understanding there were a few technical details that had to be resolved with the Housing Authority, and it was his understanding those had all been done and an agreement had been executed by the applicant as submitted by the Housing Authority. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1066. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Spiegel ABSENT. XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE ANNUAL GRASS SEED PURCHASE. Councilman Kelly moved to, by Minute Motion, approve of the purchase of 314,800 pounds of grass seed from Simplot Partners, Palm Desert, California, in the amount of $252,403.84 (includes sales tax and shipping) — funds are available in Account Nos. 110-4610-453-2190, 110-4611-453-3370, and 110-4611-453-3371. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Spiegel ABSENT. 7 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 B. REQUEST FOR AWARD OF CONTRACT FOR THE 2004 RESURFACING PROJECT (CONTRACT NO. C22450, PROJECT NO. 752-04). Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to Granite Construction Company, Inc., Indio, California, in the amount of $2,226,203.00 — funds are available in the Traffic Fund, Measure "A" funds, and the 2004 Resurfacing Fund; 2) authorize a 10% contingency for the contract in the amount of $222,620.30; 3) appropriate $75,000.00 from Unobligated Measure "A" funds to Account No. 213-4342-433-4001 for the Highway 111 at San Pablo Avenue Median Improvement Project (No. 665-02); 4) appropriate $71,000.00 from Unobligated Measure "A" funds to Account No. 213-4613-433-4001 for the Monterey Avenue/Park View Drive (College of the Desert) Project (No. 665-02); 5) authorize the Mayor to execute said contract. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Spiegel ABSENT. Upon question by Mr. Erwin, Councilman Ferguson responded that he had not represented Granite Construction Company for approximately six years. C. REQUEST FOR AWARD OF CONTRACT FOR THE 2004 CURB, GUTTER, AND CROSS GUTTER REPAIR PROGRAM (CONTRACT NO. C22620). Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to NPG Corporation, Perris, California, in the amount of $239,665.10 and authorize the Mayor to execute same; 2) authorize a 10% contingency of $23,966.51 for the project — funds are available in various Curb and Gutter, Cross Gutter, and Sidewalk accounts. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Spiegel ABSENT. D. REQUEST FOR AWARD OF CONTRACT FOR PROJECT MANAGEMENT OF THE CORPORATION YARD EXPANSION (PROJECT NO. 715-00) AND THE IRRIGATION PUMP STATION AT CIVIC CENTER PARK (PROJECT NO. 720-01) (CONTRACT NO. C22800). Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to Harris & Associates, Irvine, California, in the amount of $169,000; 2) authorize a 10% contingency for the contract in the amount of $16,900; 3) authorize the Mayor to execute said contract — funds are available in the Civic Center Well Site and Corporation Yard accounts. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Spiegel ABSENT. XV. CONTINUED BUSINESS None 8 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE SAN GORGONIO SIDEWALK (CONTRACT NO. C21970, PROJECT NO. 692-03). Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to Contreras Construction Company, Indio, California, in the amount of $146,235.50; 2) authorize a 10% contingency for the project in the amount of $14,623.55; 3) authorize the Mayor to execute said contract — funds are available in Account No. 400-4616-433-4001. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Spiegel ABSENT. B. REQUEST FOR AWARD OF CONTRACT FOR THE CONSTRUCTION OF INTERSECTION IMPROVEMENTS FOR AZTEC ROAD AT COOK STREET (CONTRACT NO. C22100, PROJECT NO. 602-02). Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract to Granite Construction Company, Inc., Indio, California, in the amount of $538,777.00, contingent upon approval of the cost sharing Memorandum of Understanding (MOU) between the City of Palm Desert and Desert Sands Unified School District, and authorize the Mayor to execute same thereafter; 2) authorize a 10% contingency for the project in the amount of $53,877.70; 3) establish shared cost amounts with Desert Sands Unified School District; 4) authorize staff to purchase the associated traffic signal equipment from Econolite, Anaheim, California. MS. BECKY HUDSON, 73-147 Santa Fe Trail, Palm Desert, said two of her children had graduated from Palm Desert High School, one was currently a student there, and she one child attending Palm Desert Middle School. She said she was very concerned for the safety of students crossing that street and understood the City was trying to rectify that problem. She had concerns that the suggested solution might not be the best. She said in talking to a lot of students, it was her understanding Aztec Road would be moved a little further north on Cook Street, and she felt a lot of students would not take the time to walk down and then walk back up. Students who would primarily be using that pedestrian crosswalk would be those students who live in Palm Lake Village, Waring Place, or Desert Rose. City Engineer Mark Greenwood stated that Aztec Road has been located where it is because there was a court finding that does not allow the High School to access Fred Smith and Santa Fe, which is the road that enters the north edge of Waring Court. He said there was a need to develop additional access for the High School; along with that need, the City felt it would be better to provide a signalized crossing at the new location and help the students cross the road. He said he understood the concern that the 9 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 students may not initially choose to cross at the new signal, but some enforcement and good signing will have to be applied. Councilman Kelly said human nature was such that people are going to take the easiest route to get where they want to go, and he understood the concern that students might not use the new crossing. He felt there might be a lot more use for a bridge at this location rather than from the University to the University Village, and he felt something should be done to solve the problem as a safety factor. Mr. Greenwood stated another choice would be to leave the existing crosswalk where it is and let the students cross at either the new signalized crossing and the Fred Smith crossing and the signalized crossing at Fred Waring. Upon question by Councilman Kelly as to whether that would be a satisfactory solution from a traffic standpoint to have three crossings that close, Mr. Greenwood responded that staff was hoping to get rid of that uncontrolled crossing across a major arterial. However, if that crossing is removed and the students continue to follow their old habits, that would probably be a greater concern. The plan right now is to remove the crosswalk and install pedestrian barricades so students have to physically walk around a barricade that says "no pedestrian crossing." Councilman Kelly asked what would happen if there was no gate there from the school. Mr. Greenwood responded that it would help; however, it was his understanding they needed that gate for the school bus access. Mayor Pro Tem Crites asked whether the School District had a point of view on this matter. Mr. Greenwood responded that the School District had never expressed a point of view on it. Mayor Pro Tem Crites suggested that the Council pass this item, leaving that issue as one to go back to the School District to chat about their perception of pedestrian safety. Mr. Greenwood noted that another issue that the staff report did not cover was the need to execute a Memorandum of Understanding (MOU) with the School District as soon as possible. He asked that the City Manager be given the authority to execute the MOU once the Board has executed it. He added that he had been in contact with School District representatives, and they had expressed some concern about some of the line item costs, particularly the project administration and those things the City is bringing to make this project complete. District staff had expressed a desire to keep the District's share of costs at its initial agreed amount, which it was his understanding was $240,000. Councilman Ferguson suggested that staff proceed under the City Manager's existing discretionary authority of up to $50,000. If the deviation is greater than that, it should be brought back to Council for consideration. 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 Councilman Ferguson added the following two items to his motion: 5) authorize the City Manager to execute a satisfactory MOU with the School District, with flexibility in an amount up to $50,000 to make adjustments (+/-) in the District's share of financial. participation (Contract No. C22100A); 6) authorize joint study by representatives of both the City and School District for a solution to the pedestrian issue. Motion was seconded by Kelly. MS. HUDSON noted that she had called the City back in March and talked to Gary Rosenbloom about another issue. At the entrance to Sante Fe, there is red curbing on both sides, but cars continue to park there. Even with a pedestrian crossing at Aztec Road and a pedestrian crosswalk at the corner entering Santa Fe, cars are still going to park in the red, encouraging students to just walk across the street. She said she would be more inclined to still put a pedestrian light at that intersection as well. Mayor Pro Tem Crites called for the vote, and the motion carried by a 4-0 vote, with Mayor Spiegel ABSENT. C. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE PORTOLA AVENUE SIDEWALK FROM MAGNESIA FALLS DRIVE TO QUICKSILVER DRIVE (CONTRACT NO. C22610). Councilman Kelly moved to, by Minute Motion: 1) Appropriate $125,000.00 from the Unobligated Fund 400 to Account No. 400-4616-433-4001; 2) award the subject contract to J. D. Stine Constructors, Inc., San Bernardino, California, in the amount of $408,852.00; 3) authorize a 10% contingency for the project in the amount of $40,885.20; 4) authorize the Mayor to execute said contract. Motion was seconded by Benson. This motion subsequently died for lack of a vote. Councilman Ferguson asked if there was going to be an at -grade sidewalk going down. He said when he sees cars going through there, they accelerate with tremendous amounts of speed, usually bottom out on the bottom, and the idea of having a sidewalk right next to the road seemed dangerous. Mr. Greenwood responded that staff shared those concerns and worked hard on the design to keep the sidewalk as far off the edge of the road as possible. The design cantilevers the sidewalk a little bit over the edge of the existing slope next to the roadway down in the bottom of the channel, so the sidewalk will be behind the curb as it goes over the crest and down toward the bottom. When it gets to the bottom, the sidewalk does pinch in in the road a little bit, four feet or so, because the road does narrow a little bit more than it does now. The sidewalk then moves back out behind the curb as the road moves out of the channel. He said staff had done its best to keep the striping as straight as possible because drivers lose sight of the striping as they cross. 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 Councilman Kelly suggested putting in a bridge at that location. Mr. Greenwood noted a bridge was in the five-year capital improvement program for several years out. He noted that a vehicle bridge over the Whitewater Channel at Portola was probably in the range of $4 million to $5 million, and it pushed other projects down the list. Councilman Kelly stated that he hoped Council would discuss those priorities during the upcoming budget process because he felt this was something that was badly needed. Upon question by Councilman Ferguson, Mr. Greenwood responded that if Council were to approve a bridge now, staff would need about a year to a year and a half for design and right of way acquisition, environmental studies, etc. Mayor Pro Tem Crites suggested that perhaps Council could approve staffs recommendation and just hold it in abeyance until after the Council's discussion at the budget session. Mr. Greenwood stated that Council could instead continue the entire matter until that time, as there is no urgency. Councilman Kelly moved to continue this matter until following the City Council's discussion of programming future Capital Improvement Projects. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Spiegel ABSENT. D. REQUEST FOR DIRECTION RELATIVE TO THE PALM VALLEY CHANNEL ACCESS ROAD. Mayor Pro Tem Crites excused himself from discussion of this item, as his home is right next to the subject road. Mr. Greenwood noted the staff report and recommendation in the packets. Councilmember Benson stated she did not believe staffs recommendation #4 (seek dedication of the roadway from the Coachella Valley Water District) would apply considering the copy of a letter from the Coachella Valley Water District that was provided to the Council. Mr. Greenwood responded that the letter from the District was pretty informal and states basically that property owners have the right to use the road; unfortunately, that administration at the Water District has now moved on, and the new management do not really acknowledge that this letter gives the property owners the right to use the road. He said this was their staffs position on the letter, not the Board of Directors. 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 Councilmember Benson noted that the letter includes a file number at the top, and she asked where this document would have been filed. Mr. Erwin responded that it was his assumption that these numbers were part of the District's filing system. Upon question by Councilman Ferguson as to the legal sufficiency of the document, Mr. Erwin responded that this was from the General Manager rather than the Board of Directors of the District. MR. DAVID NELSON, 72-595 Beavertail Street, Palm Desert, stated that in the early 1980's the Water District and the City built the Channel, virtually cutting off access to an entire neighborhood in the City of Palm Desert. The Channel was completed in 1984, and the Water District offered the access road for public use. At that time, the City did not accept that. In 1990, Richard Folkers, City Engineer at that time, sent an interoffice memorandum to the City Council and the City Manager recommending the road should be asphalt based upon safety, air quality, and erosion benefits. Again, nothing took place. In 1995, another interoffice memorandum to the Mayor Pro Tem from the Assistance City Manager stated that the City identified this roadway as a PM-10 mitigation. In 2001, it became a public park, increasing the traffic. Shortly thereafter, there was a petition of approximately 67 signatures from parents, parishioners, and neighbors requesting that something be done regarding the dust problem. A temporary solution was done with a polymer, which lasts a few months and actually costs more in the long run than a more permanent solution because of constantly having to redo it. He said his point was that this was a problem that had been around for a long time. He added that last February Council wanted to have a survey done; it came back overwhelmingly in favor of the City taking over the road and paving it. Property owners have basically paved Upper Way West and South Cliff; he said he had agreed to pave his portion in front of Chapel Hill up to Upper Way West. It was his understanding that the Water District had tentatively agreed to go ahead and dedicate the property. He asked that the City does its fair share, take over the road, and pay for the portion in front of its park so that this problem can be solved. He also addressed the coloring of the road, which he at first felt was a good idea; however, the more he looks at colored roads, the more he felt they stood out because of their color. He felt a basic, standard asphalt road would be a better solution and would be less cost. He added that he hoped the Council would agree that this road would be a benefit to the health and public safety for all, and he urged a favorable vote. MR. BILL CARVER stated he was building a house on Upper Way West. He said he was not sure paving of the road was correct, but he felt the City taking over the road was a good idea. He said he felt the City should have an ordinance for country -type roads. 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 Councilman Kelly stated that he did not understand what the Water District's position is, and he felt that needed to be clarified. Mr. Greenwood responded that the current staff at the Water District had indicated that they believe residents on the west side of the Channel who use the Channel Road for access are trespassing. They do not acknowledge the right of those owners to use that road. Councilman Kelly asked what the Water District's position is if the City were to pave the road and approve the staff recommendations. Mr. Greenwood responded that the District had indicated they would allow the City to take and easement or dedication and to take responsibility for the road. Councilman Kelly said it was his opinion that the Water District could not stop anyone from using the road anyway because of the amount of time it has already been used and the past decisions of the Water District. Aside from that, he did not understand where the Water District is coming from. Mr. Greenwood stated that the issue of whether or not the property owners have the right to use that road is cloudy. The fact that those owners have used it for 20 years or more seems to give them some right of access. Councilman Ferguson asked whether the Water District Board had taken a position on this road or if this was just one general manager disagreeing with a previous general manager. Mr. Greenwood responded that the Board had not taken a position and that up to this point it had been all discussions with staff. Councilman Ferguson stated that he had never felt that by the City buying open space to preserve the views of the residents, that somehow triggered the obligation for the City to take over jurisdiction of a road, the liability of a road, the cost of all the improvements to the road, etc. With regard to subdividers, there were folks there with five, six, and seven lots, and he did not understand why the City had to bear the expense of making improvements that drive up their sales on their Tots because they are not going to live in seven houses....he said he just did not see it from a City standpoint, and he did not think this was a good use of public money. He agreed with Mr. Carver and felt that west of Highway 74 ought to have a rural undertone to it so that there is a rural road ordinance, a rural housing ordinance on heights, standards, etc. so that the character and charm are preserve in that area west of Highway 74. He added that one of the concerns of people he had spoken with was that once a road is paved, there will be high school students going up there to take advantage of the views and the off-roaders will increase. He said he was all for getting the Water District to take care of its road. He said after 20 years of use, he knows you 14 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 cannot get an easement against a public agency, but he doubted they could just come in and throw up a gate. Mr. Erwin stated that you cannot acquire any rights by prescription against a public agency. Councilman Ferguson stated that he knew several of the Board Members of the Water District, and he did not believe they would just cut off access for these property owners or refuse to work and cooperate with them on making improvements to the road. He did not believe because the City put a park there that it all of a sudden is the responsibility of the City. Councilman Kelly stated he felt that when the City developed the park, it took on the responsibility to at least fix the road adjacent to the developed park. But he did not understand why the City had not gone to the Board of Directors of the Coachella Valley Water District to clear up the issue of roadway usage. With regard to the naming of the road, Councilmember Benson said she felt its current name was a good one that did not need to be changed. Mr. Greenwood stated he felt the 1984 letter from the Water District indicated its intention to dedicate the access to the City; however, they did not follow through on that letter and did not actually offer it to the City. With regard to City staff dealing with Water District staff, City staff assumed that District staff was representing the Board and indicating to the City what their Board was indicating to them. Councilman Ferguson stated that he would not like for the City to accept dedication of that road and its related full financial and legal responsibility. Mr. Greenwood noted that the City had already taken full responsibility for the entire frontage of the park. The additional area being discussed was the frontage of Mr. Nelson's property, which is relatively small. Mr. Drell stated that there was no need for a public road to go past Mr. Nelson's property, so we are only talking about two parties who are going to improve the road — Mr. Nelson and the City, and Mr. Nelson had agreed to improve his portion of the road. Mr. Greenwood added that the City required as part of the approval of Mr. Nelson's parcel map that this cloudy access issue be cleared up, and Mr. Nelson is trying to help the City to clear this up. Councilman Kelly moved to, by Minute Motion, direct staff to go to the Board of Directors of the Coachella Valley Water District to get a clear decision on the issue of 15 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 roadway usage prior to taking any further action. Motion was seconded by Benson and carried by a 3-0 vote, with Mayor Spiegel and Mayor Pro Tem Crites ABSENT. Councilmember Benson moved to, by Minute Motion, once the decision from Item No. 1 is determined, if the City is to take any further action on or control of said roadway, it will retain the name of "Calle de los Campensinos." Motion was seconded by Kelly and carried by a 3-0 vote, with Mayor Spiegel and Mayor Pro Tem Crites ABSENT. XVII. PUBLIC HEARINGS A. CONSIDERATION OF A CITY COUNCIL REQUEST FOR REVIEW OF THE PLANNING COMMISSION'S APPROVAL OF A REQUEST BY NEXTEL COMMUNICATIONS AND CINGULAR WIRELESS TO CONSTRUCT A 75-FOOT HIGH MONOPINE WIRELESS TELECOMMUNICATIONS TOWER WITH TWO ADJACENT EQUIPMENT SHELTER BUILDINGS WITHIN A 25-FOOT X 60-FOOT FENCED AREA — PROJECT SITE IS LOCATED 300 FEET SOUTH OF COUNTRY CLUB DRIVE AND 1,300 FEET EAST OF EL DORADO DRIVE, AND IS PART OF A SOUTHERN CALIFORNIA EDISON SUBSTATION Case No. CUP 04-01 (Nextel Communications and CingularWireless, Applicants) (Continued from the meeting of April 8, 2004). Mayor Pro Tem Crites declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. No testimony was offered. Councilmember Benson moved to, by Minute Motion, continue this matter to the meeting of June 24, 2004. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Spiegel ABSENT. B. REQUEST FOR APPROVAL OF THE ONE-YEAR ACTION PLAN AND OUTSIDE AGENCY FUNDING COMMITTEE'S FY 2004/05 FUNDING RECOMMENDATIONS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Mr. Ortega noted the staff report and recommendation in the packets. Mayor Pro Tem Crites declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Councilman Ferguson moved to, by Minute Motion: 1) Approve Outside Agency Funding Committee's FY 2004/05 Funding Recommendations; 2) authorize the City Manager to sign One -Year Action Plan Certifications; 3) approve One -Year Action Plan; 4) authorize staff to submit Final Plans to the U. S. Department of Housing and Urban Development (HUD). Motion was seconded by Kelly. 16 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 Councilmember Benson commented that the $188,435 that was approved for F.I.N.D. was contingent upon them working with the City and RAP to develop a plan that would provide a permanent multi -use facility. Mayor Pro Tem Crites called for the vote, and the motion carried by a 4-0 vote, with Mayor Spiegel ABSENT. C. REQUEST FOR ADOPTION OF RESOLUTIONS IN CONNECTION WITH THE ISSUANCE AND SALE OF TAX ALLOCATION REFUNDING REVENUE BONDS (PROJECT AREA NO. 1, AS AMENDED), 2004 SERIES A, OF THE PALM DESERT FINANCING AUTHORITY (JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY). Mr. Ortega noted this was a joint consideration with the Palm Desert Financing Authority. Redevelopment Finance Manager Dennis Coleman reviewed the staff report. He stated that in order to issue bonds through the public financing authority, the Council needs to make a resolution of significant findings and acknowledge those to the Financing Authority. According to the law, a public hearing must be held in which these findings are made. He said these findings are demonstrable interest rate savings and/or efficiency in delivery of services. Mayor Pro Tem Crites declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, he declared the public hearing closed. Councilman/Commissioner Kelly moved to: 1) Waive further reading and adopt City Council Resolution No. 04-47, making finding of significant public benefit in connection with the issuance and sale of Tax Allocation Refunding Revenue Bonds (Project Area No. 1, As Amended), 2004 Series A, of the Palm Desert Financing Authority; 2) waive further reading and adopt Financing Authority Resolution No. FA-49, acknowledging finding of significant public benefit in connection with the issuance and sale of the Authority's Tax Allocation Refunding Revenue Bonds (Project Area No. 1, As Amended), 2004 Series A, and approving the issuance, sale, and delivery of such bonds. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor/President Spiegel ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER Councilman Kelly moved to add the following item to the Agenda for discussion and action. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Spiegel ABSENT. 17 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 1. Request for Authorization to Purchase Ambulances for the City of Palm Desert. Mr. Ortega noted that the City was in the process of negotiating a separate contract with the County of Riverside for fire and paramedic services. The Fire Chief had indicated that he has expressed to the Cove Commission for the last two or three months the need to replace two ambulances in Palm Desert. Staff agreed with that and agreed these need to be ordered because there is a lag time between when the ambulances are ordered and when they arrive. He asked for Council's authority to order them, on the condition that we have a conversation with our neighboring cities to negotiate the City's applicable portion of the Equipment Replacement Fund, more than half of which belongs to the City of Palm Desert. Councilman Ferguson asked what the total amount would be for the two ambulances. Mr. Ortega responded that it would be $210,000. He further asked about how much Palm Desert's share was in the Equipment Replacement Fund, and Mr. Ortega responded that it was approximately $330,000. Councilman Ferguson asked whether the County had given any indication as to whether they are going to adhere to the one-year notice rule under the County contract with the Cove Commission or if they are going to negotiate with the City now for fire services. Mr. Ortega responded that the indication he had from a letter that was sent by the Chief is that he is willing to start negotiation of a new agreement right away. Mr. Ortega stated he intended to send a letter based on the Council's authorization. He added that the Fire Department would be submitting a proposal based on the existing level of service. Councilmember Benson moved to, by Minute Motion, authorize staff to order two ambulances at a cost of approximately $210,000, subject to negotiating for the City's applicable portion of the Equipment Replacement Fund held by the City's two neighboring cities from the Cove Communities Services Commission for this equipment acquisition. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Spiegel ABSENT. B. CITY ATTORNEY None C. CITY CLERK 1. Reminder to Adjourn this Meeting to Friday, June 4, 2004, at 9:00 a.m. for the University Planning Committee Meeting to be held in the Administrative Services Conference Room. Mrs. Klassen reminded the Council of this adjournment. 18 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Naming the Civic Center Lagoon in Honor of Former City Councilman/Mayor Walter H. Snyder (Mayor Pro Tem Buford A. Crites). Mayor Pro Tem Crites moved to, by Minute Motion, approve the request to name the Civic Center Lagoon in honor of former City Councilman/Mayor Walter H. Snyder. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Spiegel ABSENT. Although he felt it was great to honor Mr. Snyder this way, Councilman Ferguson stated that he hoped the Council would do these kinds of things sparingly. He said the last thing he would want to see is every bookcase and drawer and desk at City Hall with some Councilmember's name on it. 2. 2004 Summer City Council Meeting Schedule — With City Council concurrence, directed that the customary summer schedule for City Council Meetings be observed again this summer — canceling of the second regular meeting in July and the first regular meeting in August, with the understanding that if matters require action in that period of time, the regular meeting dates will be utilized to take up those specific items. 3. Request for Update on the Fence/Flag Issue in the Silver Spur Neighborhood — Mayor Pro Tem Crites noted that a constituent had asked him how the fence/flag issue had been resolved, and he requested staff provide him with that information so that he could report back. 4. Coachella Valley Red Imported Fire Ant Eradication Program — Mayor Pro Tem Crites said he'd just participated in this forum, noting that the State has ceased funding the program. He said the recommendation being put forward was that the Coachella Valley Mosquito & Vector Control District would look towards establishing a benefit assessment district, which would provide a parcel assessment of $5 - $10 per year to be used for enhancing some of the District's programs for controlling rats, West Nile Virus, and eradication of the Fire Ants. Since that assessment would not be in effect for at least a year, if approved, various cities would be asked in the interim to contribute to the program as a loan to the District, based on a formula of something like: 25%-population, 37.5%-infestation sites, and 37.5%-treatment areas. He said this would allow the Fire Ant Program to continue so that the problem would not get 19 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 out of hand in the meantime. He said Palm Desert's cost would be a loan of about $40,000, adding that the most serious problem area at this time was further west in the Valley —but it was spreading eastward. He asked staff to keep this funding request in mind as the budget was being approved. 5. Community Energy Efficiency Program — Councilman Ferguson asked staff to bring the City Council a report and recommendation on how the City can boost participation in this program, since prior to tonight's action with the Sares Regis Group, there were no other participants to date. He thought the Sares Regis project could be used as an example to determine where some of the costliest aspects of the program were and report back to the City Council. Further, he understood that Title 24 would be increasing the mandated efficiency by another 15% in the next two years. 6. Funding for Trail Construction — Mayor Pro Tem Crites said in reviewing the budget materials, he did not see funding specifically listed for this purpose. He felt it would be important to set aside monies for trails that are part of the Habitat Conservation Land —remainder of the Hopalong Cassidy Trail, and the City's potential share of the Palm Desert - La Quinta Trail (to be shared with the County, La Quinta, and Indian Wells). 7. Scheduling of FY 2004/05 Budget Session — With City Council concurrence, staff was directed to schedule the City Council Budget Session for Thursday, June 10, from 9:00 a.m. to 12:00 p.m. instead of the same time scheduled for Friday, June 11. o City Council Committee Reports: See below. o City Council Comments: 1. City Council Liaison Reports. a) School Lunch Recycling Program—Councilmember Benson presented to her colleagues a resolution from Assemblywoman Bonnie Garcia and a plaque from the California Integrated Waste Management Board, recognizing the City for its outstanding efforts in establishing a school lunch recycling program in its City in the Desert Sands Unified 20 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 School District (DSUSD). She said the program was a collaboration of the City, DSUSD, Waste Management, and the Integrated Waste Board. She and Councilman Ferguson, staff members Bob Kohn and Frankie Riddle were at Desert Sands this week about the composting program, which consisted of recycling the tableware and composting food waste at designated stations in the school lunch areas. She commented that when they were at Gerald Ford Elementary, the children were all very eager participants — including their anticipation of utilizing some of the compost in a future plant growing experiment in their schoolyard. She noted that Ms. Riddle was highly praised for her efforts in this program. b) SunLine — Councilman Kelly reported that SunLine was 3/10 of 1% below its budget in this fiscal year. c) Washington Charter School — Councilman Ferguson commented that he, Councilmen Crites and Kelly went to Washington Charter School this week for a program recognizing receipt of its second California School of Distinction Award. He felt it was a great reflection on the 704 students and teachers, but they pointed out that if not for the help of the City of Palm Desert, they wouldn't have received this prestigious award. XIX. ADJOURNMENT Councilman Kelly moved to adjourn the meeting at 5:35 p.m. to 9:00 a.m. on Friday, June 4, 2004, for a meeting of the University Planning Committee. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Spiegel ABSENT. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA BUFORD A. CRITES, MAYOR PRO TEM 21