HomeMy WebLinkAboutPRELIM - CC - 01/26/06PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 26, 2006
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Pro Tem Kelly convened the meeting at 3:00 p.m.
II. ROLL CALL
Present: Excused Absence:
Councilmember Jean M. Benson Chairman Jim Ferguson
Councilman Buford A. Crites (arrived at 4:14 p.m.)
Councilman Robert A. Spiegel
Mayor Pro Tem Richard S. Kelly
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/Acting Director of Public Works
Amir Hamidzadeh, Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
David Yrigoyen, Director of Redevelopment & Housing
Frankie Riddle, Acting Director of Special Programs
David Avila, Fire Marshal, Palm Desert/Riverside County Fire Dept./CDF
Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff’s Dept.
Grace L. Mendoza, Deputy City Clerk
III. ADJOURN TO CLOSED SESSION
Request for Closed Session:
NOTE: THE FOLLOWING CASE OF EXISTING LITIGATION WAS LISTED ON AN
AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING.
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(a):
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a) Indian Springs, Ltd. v. City of Palm Desert, et al., Riverside County
Superior Court Case No. INC 053903
Upon a motion by Spiegel, second by Benson, and 3-0 vote of the City Council, with
Crites and Ferguson ABSENT, added one case of potential litigation pursuant to
Government Code Section 54956.9(b).
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2 + 1
Conference with Labor Negotiator pursuant to Government Code
Section 54957.6:
Negotiating Party: Carlos L. Ortega/City of Palm Desert
With City Council concurrence, Mayor Pro Tem Kelly adjourned the meeting to
Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m.
IV. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of January 12, 2006.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 135, 138, 139, 140, 143, and 144.
Rec: Approve as presented.
C. AUDITED FINANCIAL REPORTS for the City of Palm Desert – FY Ending
June 30, 2005.
Rec: Receive and file.
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D. AUDITED FINANCIAL REPORTS for the City of Palm Desert Measure “A”
Fund – FY Ending June 30, 2005.
Rec: Receive and file.
E. AUDITED FINANCIAL REPORTS for the Palm Desert Recreational Facilities
Corporation – FY Ending June 30, 2005.
Rec: Receive and file.
F. REQUEST FOR APPROVAL of Reimbursement to Operators for
Overpayment of Transient Occupancy Tax (T.O.T.) in Calendar Year 2004.
Rec: By Minute Motion, approve reimbursement to operators for
overpayment of T.O.T. in 2004 totaling $6,702.69.
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Juan C. Castillo,
Sylvia C. Castillo, and Jose R. Baez-Puerta for Pronto Food Mart & Mexican
Grill, 78-010 Country Club Drive, Suite D, Palm Desert.
Rec: Receive and file.
H. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Parks & Recreation Commission Meetings of December 7, and
December 20, 2005.
2. Youth Committee Meeting of December 6, 2005.
Rec: Receive and file.
I. LETTER OF RESIGNATION from Dr. Roger Dash – Housing Commission.
Rec: Receive with very sincere regret.
J. REQUEST FOR APPROVAL of Funding for Emergency Service Satellite
Telephones.
Rec: By Minute Motion, approve the appropriation of $5,600 from the
Unobligated General Fund to provide for the purchase, service
activation, and annual service for four (4) handheld satellite
telephones for Members of the City Council.
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K. REQUEST FOR AUTHORIZATION to Develop Agreement with the
Joslyn Senior Center to Provide Lawn Bowling (Contract No. C24790).
Rec: By Minute Motion: 1) Authorize staff to develop the subject agreement
with the Joslyn Senior Center to assist in continuing to provide Lawn
Bowling at the Center beginning in FY 2006/07; 2) allocate $10,000
annually from the Civic Center Park Contracting Account,
No. 110-4610-453-3092, for this purpose.
L. REQUEST FOR AWARD OF CONTRACT for Janitorial Services at the
Palm Desert Civic Center (Contract No. C24800).
Rec: By Minute Motion, award the subject contract to American General
Services Group, Inc., Rancho Cucamonga, California, in the amount
of $2,117.64/month for nightly janitorial services Monday-Friday –
funds are available in Account No. 110-4340-413-3090.
M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20210A –
Intersection Improvements at Desert Crossing and Highway 111
(Granite Construction Company, 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.
N. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Appropriate Disposal (Computer Hardware and Miscellaneous Electronic
Equipment).
Rec: By Minute Motion, declare items listed on the accompanying staff
report (Exhibit “A”) as surplus property and authorize its disposal.
Upon a motion by Spiegel, second by Benson, and 3-0 vote of the City Council, with
Crites and Ferguson ABSENT, the Consent Calendar was approved as presented.
VII. CONSENT ITEMS HELD OVER
None
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VIII. RESOLUTIONS
A. RESOLUTION NO. 06-11 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A
MANAGEMENT AGREEMENT WITH KEMPER SPORTS MANAGEMENT,
INC. - DESERT WILLOW GOLF RESORT (CONTRACT NO. C24810).
Mr. Ortega called attention to the staff report provided for this item, adding
that staff recommended continuing to contract with Kemper Sports
Management for management of both the restaurant and golf operations at
Desert Willow. Further, he said the actual agreement was provided, which
had been reviewed by the Agency’s Legal Counsel.
Councilmember Benson noted that although it had been talked about for
several years, she wondered when the actual project for enlarging or
enhancing the reception/bar area would be initiated. She felt it was time to
do something like that to accommodate the types of parties and events
hosted there to lessen some of the congestion.
Mr. Yrigoyen responded that staff had begun looking at how things could be
moved around and how the bar area could be expanded. However, one of
the issues awaiting resolution was securing a hotel property at the Golf
Resort and how that would affect Clubhouse operations. He said waiting to
expand until the hotels came in was a recommendation made by the
Agency’s consultant, PriceWaterhouseCoopers LLP. Additionally, he said
they were also taking a look at what could be done with the Intrawest site
there to see how some of the items could be moved into that area.
Note: Councilman Crites arrived at 4:14 p.m.
Councilmembers concurred that staff should proceed and not wait any longer
to make plans for expanding/reconfiguring the reception/bar area.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 06-11
and to further direct staff to proceed with making plans to enlarge/reconfigure the
reception/bar areas at the Desert Willow Clubhouse. Motion was seconded by Benson and
carried by a 3-0-1 vote, with Crites ABSTAINING and Ferguson ABSENT.
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B. RESOLUTION NO. 06-12 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO THE
PALM DESERT YOUTH COMMITTEE AND RESCINDING RESOLUTION
NOS. 02-11 AND 04-12.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 06-12. Motion was seconded by Benson and carried by 4-0 vote, with Ferguson
ABSENT.
IX. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1108 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO ZONING ORDINANCE CHAPTER 25.30 RELATING TO
SUPERMARKETS HAVING 50,000 SQUARE FEET OR LESS IN THE PC(3)
ZONE Case No. ZOA 05-04 (City of Palm Desert, Applicant).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1108.
Motion was seconded by Crites and carried by 4-0 vote, with Ferguson ABSENT.
X. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION TO PURCHASE AND INSTALL
PEDESTRIAN COUNTDOWN SIGNALS ON EL PASEO.
Councilman Spiegel moved to, by Minute Motion, authorize the purchase of 36
pedestrian countdown signals in an amount not to exceed $20,000 – funds are available
in Account No. 110-4250-433-3325. Motion was seconded by Crites and carried by 4-0
vote, with Ferguson ABSENT.
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B. CONSIDERATION OF AMENDING GUIDELINES FOR THE FACADE
ENHANCEMENT PROGRAM (FEP) TO INCLUDE PARCELS WITH
FRONTAGE ON THE WEST SIDE OF HIGHWAY 74 BETWEEN EL PASEO
AND HIGHWAY 111 AND APPROVAL OF FEP FUNDS TO WJG
PARTNERS, LLC, FOR “THE CROSSROADS CENTER” LOCATED AT
73-030 EL PASEO.
Councilmember Benson moved to, by Minute Motion: 1) Amend the guidelines of the
FEP to include parcels with frontage on the west side of Highway 74 between El Paseo and
Highway 111; 2) approve $80,000 in FEP consideration funds to WJG Partners, LLC, for
“The Crossroads Center” located at 73-030 El Paseo – funds are available in Account
No. 400-4800-454-3875. Motion was seconded by Spiegel and carried by a 4-0 vote, with
Ferguson ABSENT.
C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
MAINTENANCE AREA NO. 9 (CONTRACT NO. C24680, PROJECT
NO. 909-06).
Councilman Crites moved to, by Minute Motion, award the subject contract to
Vintage Landscape, Inc., Bermuda Dunes, California, in the amount of $65,580 – funds are
available in Account No. 110-4611-453-3320. Motion was seconded by Spiegel and carried
by a 4-0 vote, with Ferguson ABSENT.
D. REQUEST FOR RATIFICATION OF AGREEMENT FOR ON-CALL
ENGINEERING PLAN CHECK SERVICES (CONTRACT NO. C24820).
Councilman Spiegel moved to, by Minute Motion: 1) Ratify the City Manager’s
authorization to hire Harris and Associates, Palm Desert, California, to conduct on-call plan
check services (supplemental engineering support) up to a maximum of $10,000;
2) authorize the Mayor to execute an agreement for additional services up to $30,000 (total
authorization not to exceed $40,000) – funds are available in Account
No. 110-4300-413-3010. Motion was seconded by Benson and carried by 4-0 vote, with
Ferguson ABSENT.
E. REQUEST FOR RATIFICATION OF AUTHORIZATION FOR IN-HOUSE
SUPPLEMENTAL ENGINEERING SUPPORT FOR PUBLIC WORKS
DEPARTMENT (CONTRACT NO. C24830).
Councilmember Benson moved to, by Minute Motion: 1) Ratify the City Manager’s
authorization to hire Joseph Gaugush, P.E., Palm Desert, California, on an emergency
basis to provide in-house supplemental engineering support for the Public Works
Department up to a maximum of $20,000; 2) authorize the Mayor to execute an agreement
for additional services in an amount not to exceed $30,000 (total authorization not to
exceed $50,000) – funds are available in Account No. 110-4300-413-3010. Motion was
seconded by Crites and carried by 4-0 vote, with Ferguson ABSENT.
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XI. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF GRANT FUNDING FOR PALM DESERT
PRESBYTERIAN PRESCHOOL AND KINDERGARTEN FROM THE CITY’S
CHILD CARE DEVELOPMENT FEES FUND 228 FOR PLAYGROUND AND
FACILITY IMPROVEMENTS (Continued from the meeting of January 12,
2006).
Mr. Ortega commented that a staff recommendation had been provided for
this item. In answer to question, he affirmed the recommended amount of
funding was now a little over $13,000.
Councilman Spiegel moved to, by Minute Motion, approve grant funding in the
amount of $13,139.22 to Palm Desert Presbyterian Preschool and Kindergarten for
playground improvements and plumbing upgrades. Motion was seconded by Benson and
FAILED on a 2-2 vote, with Benson and Spiegel voting AYE, Crites and Kelly voting NO,
and Ferguson ABSENT.
Councilman Spiegel moved to continue the matter to the meeting of February 9,
2006. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT.
XII. OLD BUSINESS
A. REQUEST FOR APPROVAL OF AMENDMENT NO. 3 TO CONTRACT
NO. C22300 – PROFESSIONAL DESIGN SERVICES FOR THE WIDENING
OF COOK STREET BETWEEN FRANK SINATRA DRIVE AND
FRED WARING DRIVE (PROJECT NO. 601-05).
Councilman Spiegel moved to, by Minute Motion, approve Amendment No. 3 to the
subject contract with Harris & Associates, Irvine, California, in the amount of $384,435 to
expand the scope of services to include preparation of final plans, specifications, and
estimate to widen Cook Street to six lanes between Frank Sinatra Drive and Fred Waring
Drive – funds are available in the Cook Street Widening Account, No. 213-4385-433-4001.
Motion was seconded by Kelly and carried by 4-0 vote, with Ferguson ABSENT.
B. CONSIDERATION OF THE EXTENSION OF THE TEMPORARY
MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF
MEDICAL MARIJUANA DISPENSARIES.
Councilman Spiegel moved to, by Minute Motion, continue this matter to Friday,
February 3, 2006, at 10:00 a.m. for conducting a public hearing. Motion was seconded by
Crites and carried by 4-0 vote, with Ferguson ABSENT.
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XIII. PUBLIC HEARINGS
None
XIV. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
Mrs. Klassen reminded the City Council to adjourn today’s meeting to Friday,
February 3, 2006, at 10:00 a.m.
D. PUBLIC SAFETY
o Fire Department
None
o Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Consideration of the Appointment of a New Alternate Delegate
to the Riverside County Transportation Commission (RCTC)
(Mayor Pro Tem Richard S. Kelly).
Mayor Pro Tem Kelly said he would be absent for the RCTC’s
next meeting. Councilman Spiegel is the designated alternate
representative but cannot attend either; however, Mayor
Ferguson had agreed to attend. He felt it would be appropriate
for the City Council to take an official action to recognize this
substitution. In answer to question, he said it would also be
appropriate to make Mayor Ferguson the City’s permanent
designated alternate representative to the RCTC.
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Councilman Crites moved to, by Minute Motion, appoint Mayor Ferguson to be the
permanent designated alternate representative to the Riverside County Transportation
Commission. Motion was seconded by Spiegel and carried by 4-0 vote, with Ferguson
ABSENT.
o City Council Committee Reports:
1. Coachella Valley Animal Campus Commission –
Councilmember Benson reminded everyone of the Animal
Campus Soft Opening on February 9 at 10:30 a.m.
2. Palm Desert Golf Cart Parade – Councilman Spiegel presented
Mayor Pro Tem Kelly with a plaque from the Palm Desert Golf
Cart Parade, recognizing the City as a title sponsor for the
event.
3. Palm Springs Desert Resorts Convention & Visitors Authority
(CVA) – Councilman Spiegel noted that earlier today, CVA
President Jeff Beckelman and his assistants made a
presentation at City Hall to Palm Desert hoteliers and retailers
about the new CVA and its marketing program. He said they
were developing a new plan for the Authority, making sure
every city is recognized in their planning process in order to
generate additional business, retail sales, and hotel
occupancy. However, the plan was still being developed, with
its announcement planned for late February. He went on to
say it would soon be time for the City to make a decision on
what it wanted to do about the CVA next year; he would
continue attending meetings as the City’s representative in a
non-voting capacity, and he would continue to gather
information, including that on the new marketing plan and how
it will benefit Palm Desert. He will bring forward reports and
developments as they become available and will seek a
decision from his colleagues at the appropriate time.
4. SunLine – Mayor Pro Tem Kelly made note of the fact that
SunLine has one of only four fuel cell, hydrogen-powered
buses in the world, and it was also the only one of those that
was actually serving a route--#50, which serves the City of
Palm Desert. He pointed out that the unit was still in the
development stage in order to eventually bring down the cost
of such a bus for more mass transit applications; its initial price
was $3 million. He remarked that for a mere $1.00 fare, you
could catch a ride on this state-of-the-art bus at the stop across
the street from City Hall. He went on to say that today’s Press-
Enterprise reported that the City of Riverside had just installed
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a hydrogen fuel station, which the article said was the only one
in the Inland Empire. However, SunLine has had one for two
years, and it’s gotten so much use, it’s being replaced with a
new one. He proposed that the City should consider having
one of its own stations for the public’s convenience.
o City Council Comments:
1. Councilman Crites commented about a recent Los Angeles
Times article, “Pets Find a Spot in Rescue Plans,” a discussion
about issues with emergency operations, earthquake
preparedness, and what will be done with pets and animals
under those circumstances. He felt the City’s Risk Manager
should look into such matters and consider what types of
responses would be appropriate. He provided copies of the
article to his colleagues and to staff.
Councilmember Benson added that she felt the Animal
Campus Commission should also consider this matter.
2. Councilman Crites reminded staff to be conscious of the timely
delivery of agenda packet materials, especially in matters that
have been the subject of considerable debate (i.e., Child Care
Fees Grant Funding for Palm Desert Presbyterian Preschool &
Kindergarten).
3. Councilman Crites congratulated Mr. Gibson and his staff in
the Finance Department for the incredible comments and
ratings he read in the financial reports about the City’s
operation.
XV. ORAL COMMUNICATIONS - C
None
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XVI. ADJOURNMENT
With City Council concurrence, Mayor Pro Tem Kelly adjourned the meeting to
Closed Session at 4:32 p.m. He reconvened the meeting at 4:45 p.m., with no
reportable action, and immediately adjourned to February 3, 2006, at 10:00 a.m.
RICHARD S. KELLY, MAYOR PRO-TEMPORE
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA