HomeMy WebLinkAboutPRELIM - CC - 09/28/06PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 28, 2006
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Ferguson convened the meeting at 3:04 p.m.
II. ROLL CALL
Present:
Mayor Pro Tem Richard S. Kelly
Councilman Robert A. Spiegel
Mayor Jim Ferguson
Excused Absence:
Councilmember Jean M. Benson
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
Robert W. Hargreaves, Assistant 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
Joseph S. Gaugush, City Engineer
Amir Hamidzadeh, Director of Building & Safety
Phil Drell, Director of Community Development
Patrick Conlon, Director of the Office of Energy Management
Paul S. Gibson, Director of Finance/City Treasurer
Mark Greenwood, Director of Public Works
David Yrigoyen, Director of Redevelopment & Housing
Frankie Riddle, Director of Special Programs
Steve Thetford, Chief of Police/Palm Desert Police/Riv. Co. Sheriff's Dept.
Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Walt Holloway, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./CDF
Grace L. Mendoza, Deputy City Clerk
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2006
III. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) Indian Springs, Ltd., v. City of Palm Desert, et al., Riverside County
Superior Court Case No. INC 053903
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
With City Council concurrence, Mayor Ferguson adjourned the meeting to Closed
Session at 3:05 p.m. He reconvened the meeting at 4:02 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 September 14, 2006.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 43, 44, 46, 50, 54, 57, 58, and 59.
Rec: Approve as presented.
C. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Historic Preservation Committee Meeting of June 26, 2006.
2. Parks & Recreation Commission Meeting of July 5, 2006.
3. Public Safety Commission Meeting of June 14, 2006.
4. Youth Committee Meeting of July 18, 2006.
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Rec: Receive and file.
D. RESIGNATION of Dixie Proulx — Audit, Investment & Finance Committee.
Rec: Receive with very sincere regret.
E. LETTER OF RESIGNATION from Carrie McLeod — Housing Commission.
Rec: Receive with very sincere regret.
F. REQUEST FOR APPROVAL of a Contract to Install, Maintain, and Store the
City's Holiday Decorations (Contract No. C25800).
Rec: By Minute Motion, authorize the City Manager to enter into the subject
agreement with The Jarvis Company, Brentwood, California, in the
amount of $10,526.88.
G. REQUEST FOR APPROVAL of the Purchase of Two Zoll Cardiac Monitors
for the Town Center and Mesa View Fire Stations.
Rec: By Minute Motion: 1) Approve the expenditure of $40,268 for the
subject purchase from State Indian Gaming Grant Funds of $49,000
received by the City; 2) approve estimated revenue and
appropriations of $40,268 for this purpose.
H. REQUEST FOR APPROVAL of the Purchase of Compressed Natural Gas
(CNG) Fuel for Fleet Vehicles.
Rec: By Minute Motion, approve the subject purchase from SunLine
Services Group, Thousand Palms, California, as an alternative
source.
REQUEST FOR APPROVAL of the Palm Desert ATHENA Scholarship
Award Agreement (Contract No. C24301).
Rec: By Minute Motion, approve the subject agreement between the City of
Palm Desert and California State University, San Bernardino, to
establish the Palm Desert ATHENA Scholarship Fund.
J. REQUEST FOR APPROVAL of an Agreement for Support Services for the
City's Three Websites: E-Government, Tourism, and Art In Public Places
(Contract No. C25810).
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Rec: By Minute Motion, approve the subject agreement with Sitewire
Marketspace Solutions, LLC, Tempe, Arizona.
K. REQUEST FOR APPROVAL of Second Amendment to the Agreement for
Law Enforcement Services Between the County of Riverside and the City of
Palm Desert (Contract No. C22012).
Rec: By Minute Motion, approve of the subject Second Amendment and
authorize the Mayor to execute same.
L. REQUEST FOR APPROVAL of Out -of -State Travel for the National League
of Cities' Afterschool Leadership Academy.
Rec: By Minute Motion, approve the subject out-of-state travel for the
Senior Management Analyst/Community Services to attend the
National League of Cities Afterschool Leadership Academy, which is
scheduled to be held in Denver, Colorado, October 17-18, 2006 —
funds are available in Account No. 110-4416-414-3061 to cover
partial expenses for accommodations and other incidentals
associated with this request, no additional appropriation is required.
M. REQUEST FOR WAIVER OF FEES for the Historical Society of
Palm Desert's 71h Annual Ed Mullins Picnic in the Park.
Rec: By Minute Motion, waive fees associated with the subject event
scheduled to be held on Sunday, March 25, 2007, in Pavilion #1 at
the Palm Desert Civic Center Park.
N. REQUEST FOR APPROVAL of Amendment to Community Development
Block Grant (CDBG) Subrecipient Agreements with ABC Recovery Center
for FY 2004/05 and FY 2005/06 (Contract Nos. C23050K2 and C23730A1).
Rec: By Minute Motion, approve of the subject Agreement Amendments,
extending the term of each to June 30, 2007, for the respective
capital improvement projects, and authorize the Mayor to execute
same.
O. REQUEST FOR DECLARATION of Surplus Property and Authorization of
Exchange of Property for Services to Disassemble and Remove Existing
Modular Partitions.
Rec: By Minute Motion, declare eight (8) existing partition units and
accompanying accessories in the North Wing of City Hall as surplus
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2006
property, and authorize staff to exchange said property for services
to disassemble and remove existing modular partitions.
Upon motion by Kelly, second by Spiegel, and 3-0 vote of the City Council, with
Benson ABSENT, the Consent Calendar was approved as presented.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2006
VII. CONSENT ITEMS HELD OVER
None
VIII. RESOLUTIONS
A. RESOLUTION NO. 06-129 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL
YEAR 2005/06 BUDGET TO PROVIDE ADDITIONAL APPROPRIATIONS
FROM THE GAS TAX, FIRE TAX, AIR QUALITY MANAGEMENT,
INTERNAL SERVICE, AND THE GENERAL FUNDS.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 06-129. Motion was seconded by Kelly and carried by 3-0 vote, with Benson ABSENT.
B. RESOLUTION NO. 06-130 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE
SUBDIVISION MAP OF TRACT NO. 31490-1 AND APPROVING THE
AGREEMENT RELATING THERETO (Ponderosa Homes II, Inc., Applicant).
Mayor Pro Tem Kelly moved to waive further reading and adopt Resolution
No. 06-130. Motion was seconded by Spiegel and carried by 3-0 vote, with Benson
ABSENT.
IX. ORDINANCES
For Introduction:
None
For Adoption:
None
X. NEW BUSINESS
A. REQUEST FOR AWARD OF PURCHASE FOR BACKHOE LOADER.
Councilman Spiegel moved to, by Minute Motion: 1) Reject the non -responsive low
bid by Scott Equipment, Fontana, California; 2) award the subject purchase to Johnson
Machinery, Riverside, California, in the total sum of $78,651.04 — funds are available in
Account No. 110-4310-433-4045. Motion was seconded by Kelly and carried by 3-0 vote,
with Benson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2006
B. REQUEST FOR AWARD OF PURCHASE FOR INDUSTRIAL SKIP
LOADER.
Councilman Spiegel moved to, by Minute Motion, award the subject purchase to D-3
Equipment, Fontana, California, in the amount of $51,782.85 — funds are available in
Account No. 530-4195-415-4030. Motion was seconded by Kelly and carried by 3-0 vote,
with Benson ABSENT.
C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
IMPROVEMENTS ON FRED WARING DRIVE MEDIANS PHASE I
(DEEP CANYON ROAD TO CALIFORNIA DRIVE) (CONTRACT
NO. C23830A, PROJECT NO. 953-05).
Mayor Pro Tem Kelly moved to, by Minute Motion: 1) Award the subject contract to
Sierra Landscape, Bermuda Dunes, California, in the amount of $433,900; 2) approve a
10% contingency for the project in the amount of $43,390; 3) authorize the Mayor to
execute the agreement —funds are available in Account No. 400-4614-433-4001. Motion
was seconded by Spiegel and carried by 3-0 vote, with Benson ABSENT.
D. REQUEST FOR APPROVAL OF CONTRACT FOR PAYMENT OF THE
RELOCATION OF TRANSMISSION POLES AND ATTACHMENTS ON
MONTEREY AVENUE NORTH OF GERALD FORD DRIVE (CONTRACT
NO. C25820).
Mayor Pro Tem Kelly moved to, by Minute Motion, authorize: 1) Appropriation for
the subject project in the amount of $168,645.61; 2) staff to enter into the necessary
contract with Southern California Edison for the relocation of transmission poles and
attachments; 3) staff to transfer funds from the General Fund to the Improvement Fund for
this purpose. Motion was seconded by Spiegel and carried by 3-0 vote, with Benson
ABSENT.
XI. CONTINUED BUSINESS
A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 24,
2006 (Continued from the meeting of September 14, 2006).
Councilman Spiegel moved to, by Minute Motion, approve the Minutes as
presented. Motion was seconded by Kelly and carried by 3-0 vote, with Benson ABSENT.
B. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
MAINTENANCE AREA NO. 2 (CONTRACT NO. C25560, PROJECT
NO. 902-06) (Continued from the meeting of September 14, 2006).
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Councilman Spiegel commented that Greenscape Landscaping was the low
bidder; however, originally they were not recommended for award of the
contract due to their lack of experience with desert plant material.
Landscape Manager Spencer Knight confirmed the comments and,
responding to question, said Greenscape would get an office in Palm Desert
if they were awarded the contract. Further responding, he said City staff
would work closely with the contractor to ensure satisfactory performance.
Councilman Spiegel moved to, by Minute Motion, award the subject contract to
Greenscape Landscaping, Temecula, California, in the amount of $82,800 and authorize
the Mayor to execute same — funds are available in Account No. 110-4614-453-3320.
Motion was seconded by Kelly and carried by 3-0 vote, with Benson ABSENT.
XII. OLD BUSINESS
A. REQUEST FOR APPROVAL OF FIRST AMENDMENT TO THE SOLID
WASTE FRANCHISE AGREEMENT RELATIVE TO THE ASSIGNMENT
FROM WASTE MANAGEMENT OF THE DESERT TO BURRTEC WASTE
INDUSTRIES (CONTRACT NO. C17230A).
Mayor Ferguson noted for the record that he would be abstaining from this
item. Therefore, he asked for the City Attorney's determination whether it
could be considered at this time with the remaining two Councilmembers.
Mr. Hargreaves responded that it would be best to continue the matter.
Councilman Spiegel moved to continue consideration of the matter to the next
meeting. Motion was seconded by Kelly and carried by 2-0-1 vote, with Ferguson
ABSTANING and Benson ABSENT.
XIII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN TO
ALLOW THE CONSTRUCTION OF A 15,267 SQUARE FOOT INDUSTRIAL
BUILDING, INCLUDING A TOWER ELEMENT UP TO 34 FEET IN HEIGHT,
FOR PROPERTY LOCATED AT 73-665 DINAH SHORE DRIVE
(APN 653-810-021) Case No. PP 05-29 (Prest Vuksic Architects, Applicant).
Assistant Planner Ryan Stendell commented that the subject proposal
consisted of a 15,000 square foot office/industrial warehouse on the western
entrance of Spyder Circle along Dinah Shore Drive. He noted the height
exception request for a 34-foot tower element in the center of the building,
which covers less than 10% of the total floor area, with the main portions of
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the building ranging between 28 and 29 feet high. Further, the Applicant
would be using a variety of materials, colors, and stucco finishes to achieve
a nicely designed structure. He felt that the height exception provided a
focal point for this building that will be highly visible from Dinah Shore Drive.
The site conformed to all development standards but the height exception,
and the project has been approved by both the Architectural Review and
Planning Commissions. Staff recommended approval of the project,
including height exception up to 34 feet. Responding to question about a
proposed 3,000 square foot mezzanine for the project, he said the Applicant
had inquired about this possibility, and staff felt it would not create any more
parking demand. He added that for the most part, this type of feature was
used for storage or additional office display upstairs; it could offer more
flexibility in the building. He affirmed that with such a feature, no additional
parking would be needed.
Responding to Mayor Ferguson's request that a condition be added to
alleviate any concern that the additional 3,000 square feet would become
office space requiring more parking, Mr. Stendell called attention to page 4
of Resolution No. 06-131. Community Development Condition No. 11 limited
the total square footage of the original 15,000 square foot floor area to a
maximum of 20% office, which he believed would satisfy the concern.
Mayor Ferguson concurred.
Mayor Ferguson declared the public hearing open and invited anyone wishing to
offer comment about the case to come forward at this time.
MR. JOHN VUKSIC, Prest Vuksic Architects, Applicant, offered to answer
any of the City Council's questions about the project.
With no further public comment offered, Mayor Ferguson declared the public
hearing closed.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 06-131, approving Case No. PP 05-29. Motion was seconded by Kelly and carried by
a 3-0 vote, with Benson ABSENT.
B. CONSIDERATION OF THE APPROVAL OF A GENERAL PLAN
AMENDMENT TO UPDATE THE ENERGY AND MINERAL RESOURCES
ELEMENT TO INCLUDE GOALS, POLICIES, AND PROGRAMS RELATED
TO REDUCTION OF ENERGY USE IN THE CITY Case No. GPA 06-02 (City
of Palm Desert, Applicant).
Mayor Ferguson noted the request for continuance of this matter until
following the California Energy Commission's determination.
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Mayor Ferguson declared the public hearing open and invited public testimony for
this case. With no public testimony offered, he left the public hearing open.
Mr. Hargreaves pointed out that it would be appropriate to continue the
matter to a date certain.
Mr. Ortega commented that the California Energy Commission would be
considering Palm Desert's application in October.
Councilman Spiegel moved to, by Minute Motion, continue the public hearing on
Case No. GPA 06-02 to the first meeting in November. Motion was seconded by Kelly and
carried by 3-0 vote, with Benson ABSENT.
C. REQUEST FOR APPROVAL OF A MITIGATED NEGATIVE DECLARATION
OF ENVIRONMENTAL IMPACT FOR SECTION 29 MASTER PLAN OF
INFRASTRUCTURE, ASSESSMENT DISTRICT NO. 2004-2 (City of
Palm Desert, Applicant).
Mayor Ferguson declared the public hearing open and invited public testimony for
the subject matter. With no public testimony offered, he left the public hearing
oven.
Councilman Spiegel moved to, by Minute Motion, continue the public hearing to the
meeting of October 12, 2006. Motion was seconded by Kelly and carried by a 3-0 vote,
with Benson ABSENT.
D. REQUEST FOR ACCEPTANCE OF 2006/07 CAL COPS (SUPPLEMENTAL
LAW ENFORCEMENT SERVICES FUNDING/SLESF) GRANT AWARD IN
THE AMOUNT OF $100,000.
Mayor Ferguson declared the public hearing open and invited public testimony on
this grant award. With no public testimony offered, he declared the public hearing
closed.
Councilman Spiegel moved to, by Minute Motion, accept the Cal COPS
(Supplemental Law Enforcement Services Funding/SLESF) Grant Award of $100,000 to
be used to cover the cost for the 2006 Holiday Theft Suppression Program, support the
Special Enforcement Team's programs, vehicle and communications expense, and
acquisition of necessary equipment to support frontline law enforcement services. Motion
was seconded by Kelly and carried by a 3-0 vote, with Benson ABSENT.
XIV. REPORTS AND REMARKS
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A. CITY MANAGER
1. Portola Avenue Median at Washington Charter School — Mr. Ortega
stated that at the last meeting, City Council directed staff to proceed
with interim landscaping on the Portola Avenue Median. Since that
time, he'd received a memorandum from Landscape Manager
Spencer Knight, indicating that the City is very close to putting the
project out to bid. He said the bid process will specifically condition
the project such that construction will not interfere with the school's
operation; staff would prefer this alternative to installing any interim
landscaping.
City Councilmembers concurred with the recommendation to proceed with the
original plans and not install any interim landscaping on the Portola Avenue Median
at Washington Charter School.
2. Study Session on Bighorn Conceptual Plan — Mr. Ortega noted that
the City Council was scheduled for a Study Session earlier today
requested by Bighorn, which has since asked that it be rescheduled.
Since there are Study Sessions scheduled prior to the next two
regular City Council Meetings, he asked if there was another date that
would be acceptable, possibly Thursday, October 5.
With City Council concurrence, staff was directed to tentatively schedule the Study
Session on Thursday, October 5, 2006, at 10.00 a.m.
B. CITY ATTORNEY
None
C. CITY CLERK
1. Reminder of Upcoming Study Sessions.
a) October 12, 2006, 2.00 p.m. - Photovoltaic Element of City
Energy Plan - Administrative Conference Room.
b) October 26, 2006, 2.00 p.m. - Parks & Recreation Business
Plan - Administrative Conference Room.
Mrs. Klassen called attention to the aforementioned schedule of
Study Sessions.
D. PUBLIC SAFETY
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Fire Department
None
Police Department
None
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E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Portola Avenue — Mayor Pro Tem Kelly said he and
Councilman Spiegel wanted to inquire about the status of the
Portola Bridge at Whitewater Channel and about the Portola
Avenue connection to Dinah Shore Drive.
Mr. Greenwood responded that no construction had taken
place on the Portola Bridge project for the last approximately
four weeks due to a conflict with a utility. However, he was
assured they were working 24 hours/day to make the
necessary adjustments; it would be another two weeks before
the bridge contractor would be able to resume construction.
He said the project was still scheduled to be complete by
Summer 2007, although it may be a few weeks later than
initially anticipated.
Relative to the extension of Portola Avenue to Dinah Shore
Drive, Mr. Greenwood said that project was included in the
Section 29 Assessment District. He noted there were items on
this agenda related to the project and more were scheduled to
come forward at the next meeting. He pointed out that
construction there wouldn't actually begin until Summer 2007,
with completion of the connection anticipated for Fall 2007.
However, there was good news in that traffic problems had not
materialized with the opening of some of the bigger stores in
that area.
o City Council Committee Reports:
None
o City Council Comments:
None
XV. ORAL COMMUNICATIONS - C
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XVI. ADJOURNMENT
Upon a motion by Spiegel, second by Kelly, and unanimous vote of the City Council,
Mayor Ferguson adjourned the meeting at 4:35 p.m.
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JIM FERGUSON, MAYOR
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