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Home My WebLink AboutPRELIM - CC - 07/12/07 �- � � � �� PRELIMINARY MINUTES T REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 12, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:04 p.m. II. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilman Jim Ferguson Councilmember Cindy Finerty Councilman Robert A. Spiegel Mayor 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 Bo Chen, City Engineer Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs Tony Bagato, Principal Planner John Rios, Battalion Chief, Palm Desert/Riverside Co. Fire Dept./CDF Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None PRELIMINARY MINUTES �� REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 102, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: County of Riverside - Fire Marshal Under Negotiation: x Price x Terms of Payment 2) Property: 44-840 Monterey Avenue (APN 627-071-061) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Lyons Trust Under Negotiation: x Price x Terms of Payment 3) Property: 44-887 San Antonio Circle (APN 627-071-012) Negotiating Parties: Agency: Justin McCarthy/Martin AlvarezlCity of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Federico Meza Under Negotiation: x Price x Terms of Payment 4) Property: APN 627-071-013 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: David Holtz Under Negotiation: x Price x Terms of Payment 5) Property: APN 627-071-014 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Michael Castelli Under Negotiation: x Price x Terms of Payment 2 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 6) Property: 44-850 San Antonio Circle (APN 627-071-016) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Carol Williams Under Negotiation: x Price x Terms of Payment 7) Property: 44-845 San Clemente Circle (APN 627-071-023) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Peggy Bridwell Under Negotiation: x Price x Terms of Payment 8) Property: APNs 627-071-024 and 627-071-025 (44-887 San Clemente) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Wing Lam Shou Under Negotiation: x Price x Terms of Payment 9) Property: 44-900 San Clemente Circle (APN 627-074-006) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Timothy Palmer Under Negotiation: x Price x Terms of Payment 10) Property: APN 627-074-013 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Woolworth Trust Under Negotiation: x Price x Terms of Payment 11) Property: APN 627-074-012 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: D. Yaghoubian Under Negotiation: x Price x Terms of Payment 3 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 12) Property: APNs 627-092-004 and 627-092-005 (44-871 San Benito) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Jeff Bancroft Under Negotiation: x Price x Terms of Payment 13) Property: 44-885 San Benito Circle (APN 627-092-006) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Marc Machado Under Negotiation: x Price x Terms of Payment 14) Property: 73-341 San Benito Circle (APN 627-092-007) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Donna Matson Under Negotiation: x Price x Terms of Payment 15) Property: 73-361 San Benito Circle (APN 627-092-008) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Lucia Rodriguez Under Negotiation: x Price x Terms of Payment 16) Property: 44-876 San Benito Circle (APN 627-092-044) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Ken Wey Under Negotiation: x Price x Terms of Payment 17) Property: 44-845 Las Palmas (APN 627-092-035) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Arthur Cohn Under Negotiation: x Price x Terms of Payment 4 �� PRELIMINARY MINUTES ��a � REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 18) Property: 43-915 Portola Avenue, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Dianne Dorrough Under Negotiation: x Price x Terms of Payment 19) Property: 43-845 Portola Avenue, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Don and Dorothy Thompson Under Negotiation: x Price x Terms of Payment 20) Property: 43-895 Portola Avenue, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Rudy Perez Under Negotiation: x Price x Terms of Payment 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. INC053903 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon a motion by Ferguson, second by Finerty, and 4-0 vote of the City Council, with Spiegel ABSENT, Mayor Kelly adjourned the meeting to Closed Session at 3:05 p.m. He reconvened the meeting at 4:04 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Erwin reported that in Closed Session, the City Council approved a one- year Lease Agreement with the County of Riverside - Fire Marshal for Suite No. 102 of the Parkview Office Complex through June 30, 2008. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA- Mayor Richard S. Kelly VII. INVOCATION - Councilman Robert A. Spiegel 5 �.� . . PRELIMINARY MINUTES E'�s.�, �� s� REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 VIII. ORAL COMMUNICATIONS - B MR. GORDON SOLOMONSON, Palm Desert, thanked the City Council for its support of the "Summer of Fun" activities this year, particularly the Independence Day Celebration in the Civic Center Park on July 4. He also gave special thanks to Pat Scully and all the other City workers who were essential in putting on the event; the Steve Madaio Band provided their usual great presentation before the wonderful, colorful fireworks display at evening's end. MR. BILL CARVER, Palm Desert, called City Council's attention to the action taken yesterday at the Riverside County Planning Commission Meeting held in Hemet. He said on a 3-2 vote there, four more billboards were approved for installation along Interstate 10 between Monterey Avenue and the future interchange at Portola Avenue. He noted that Mr. Bagato was also present at that meeting. He was very concerned and hoped to enlist the City's help in appealing this decision and in working with Fourth District Supervisor Wilson in the process. Mayor Kelly said he appreciated Mr. Carver's concern and advised that he'd just signed a letter to the Board of Supervisors on this matter, and it was going to be brought up for ratification later in the meeting. He signed the letter assuming his colleagues would approve, adding that he thought it would also be appropriate if a Councilmember attended the Board of Supervisors Meeting on this item, and if available, he offered to attend. Responding to question about the process and/or appeal, Mr. Bagato confirmed that the Planning Commission's action on the request for General Plan Amendment/Change of Zone would automatically be forwarded to the Board of Supervisors, and it is preliminarily scheduled for the Board Meeting of July 31. Although, he said it could possibly be heard in August due to some language changes being made based on the Planning Commission's comments. He would keep the Council advised. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE — JUNE 2007. On behalf of the City Council, Mayor Kelly and Mr. Ortega honored the following employees each with a printed certificate and $100 gift certificate: Gary Rosenblum, Janis Steele, Jay Niemczak, Debbie Thompson, and Monica Loredo (unable to be present). 6 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 28, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE C(TY TREASURY - Warrant Nos. 268, 270, and 271. Rec: Approve as presented. C. CLAIM AGAINST THE CITY/AGENCY (#588) by Taylor Frager, Inc., in an Unspecified Amount (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, reject the Claim and direct the City Clerk/Agency Secretary to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Woodhaven Country Club, 41-555 Woodhaven Drive East, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meeting of May 29, 2007. 2. Marketing Committee Meeting of May 23, 2007. 3. Youth Committee Meeting of June 5, 2007. Rec: Receive and file. F. LETTER OF RESIGNATION from Bonnie Bowie — Historic Preservation Committee. Rec: Receive with very sincere regret. G. RESIGNATION of Samantha Cortese — Youth Committee. Rec: Receive with very sincere regret. 7 C��T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 H. REQUEST FOR APPROPRIATION of Funds for Remodel of the City Council Offices Area and Authorization to Reimburse City General Fund for Half of the Project Costs from the Redevelopment Agency's Unobligated Funds (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion: 1)Authorize appropriation of $15,000 from the City's General Fund to Account No. 110-4159-415-4040;2)reimburse the City's General Fund in the amount of $47,539 for half of the project costs; 3) authorize appropriation of $47,539 to Account No. 850-4199-499-5010 for this purpose. I. REQUEST FOR APPROVAL of Miscellaneous Vendors for Use in Programs and Projects Assigned to the Community Services Division for Fiscal Year 2007/08. Rec: By Minute Motion, identify, approve, and authorize Community Services staff to use the vendors named in the accompanying staff report for FY 2007/08. J. REQUEST FOR APPROVAL of Facility Improvements to the Property Located at 44-911 Cabrillo Avenue—Palm Desert Early Childhood Education Center. Rec: By Minute Motion, approve facility improvements to the property located at 44-911 Cabrillo Avenue, Palm Desert, with all improvements to be implemented by Desert Sands Unified School District (reference Contract No. C26100)— no appropriation of funds necessary. K. REQUEST FOR APPROVAL of Tract Map No. 34179 (Summit Properties, Applicant). Rec: Waive further reading and adopt Resolution No. 07-52, approving the Final Subdivision Map of Tract No. 34179 and the Improvement Agreement Related Thereto. L. REQUEST FOR EXTENSION of Contract for Civic Center Lagoon and Entrada del Paseo Water Feature Maintenance for Fiscal Year 2007/08 (Contract No. C25191). Rec: By Minute Motion, approve extension of the subject contract with Southwest Aquatics, Palm Desert, California, in the amount of $18,900 and the Mayor to execute same — funds are available in Account No. 110-4610-453-3320. 8 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 M. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) for an After School Program at Lincoln Elementary School (Contract No. C26730). Rec: By Minute Motion, authorize the Mayor to execute the subject MOU between Desert Sands Unified School District, YMCA of the Desert, and the City of Palm Desert as it relates to participation in an After School Program at Lincoln Elementary School. N. REQUEST FOR APPROVAL of the Possession and Consumption of Alcoholic Beverages in Connection with Art Exhibition Receptions Held in the Palm Desert Community Gallery Between August 2007 and June 2008. Rec: By Minute Motion, permit the possession and consumption of wine in connection with the opening receptions for art exhibitions to be held in the Palm Desert Community Gallery between August 2007 and June 2008, as listed on the accompanying staff report. O. CONSIDERATION of Legislative Review Committee Action on SB 303 (Ducheny) — Land Use Planning. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of June 26, 2007, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 303 (Ducheny). P. REQUEST FOR DECLARATION of "The BooY' as Surplus Property and Authorization for Disposal. Rec: By Minute Motion, declare the subject property as surplus and authorize disposal, as proposed in the accompanying staff report. Upon a motion by Ferguson, second by Spiegel, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None 9 � PRELlMINARY MINUTES ` , � �� REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 XIII, ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1140 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,APPROVING AMENDMENTS TO TITLE 25 (ZONING) AND TITLE 26 (SUBDIVISIONS) OF THE PALM DESERT MUNICIPAL CODE, ADDING CHAPTER 25.112 - RESIDENTIAL CONDOMINIUM CONVERSIONS, AMENDING CHAPTER 25.24-PLANNED RESIDENTIAL DISTRlCT,AND CERTIFYING OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO Case No. ZOA 06-02 (City of Palm Desert,Applicant). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1140. Motion was seconded by Finerty and carried by a 4-1 vote, with Ferguson voting NO. XIV. NEW BUSINESS A. REQUEST FOR CITY COUNCIL REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION DECISION, APPROVING A NEW, FREESTANDING MONUMENT SIGN FOR FIRST TEAM REAL ESTATE LOCATED AT 72-171 HIGHWAY 111, PALM DESERT Case No. SA 07-63 (First Team Real Estate, Applicant). Principal Planner Tony Bagato stated this item was called up. The subject building is located on the south side of Highway 111 and Park View across from South Beach. The building is old and First Team was looking at remodeling it and submitted an application for replacement of an existing monument sign, modifications of color, material changes to the building, as well as changing the landscape plan. Mr. Bagato displayed the sign that was approved by the Architectural Review Commission (ARC) on June 12. He noted that at the prior ARC meeting of May 8, there was discussion regarding the design of the sign, confusion in the reading of the documents, and clarification of the drawings. He said Commissioner DeLuna had concerns about the water feature on the sign, and staff explained the water efficient ordinance did not prohibit a water feature on a monument sign for a remodeling project of less than 2,000 square feet. Commissioner Lambell thought the water feature added a nice element in a corner that needed to be upgraded and made attractive.The Applicant was proposing a landscape plant modification; it currently was all turf. The original design was more Mediterranean,and even though staff had no jurisdiction, staff recommended 10 PRELIMINARY MINUTES �"''. � " REGULAR PALM DESERT CITY COUNCIL MEETING ��►��JULY 12, 2007 a more water efficient landscape and removal of some turf, which the Applicant agreed to include in his plan. Subsequently, the approved landscape plan was more water efficient than originally submitted. It was approved on a 5-1-0-1 vote, with Commissioner DeLuna voting no, and Commissioner Gregory absent. He said it was staff's recommendation to reaffirm the ARC decision. In response to Councilman Ferguson's question regarding the efficiency of a free flowing water feature vs. turf, Mr. Bagato clarified the water feature was allowed on the sign, and the Applicant was proposing a more water efficient landscape plan than was required or obligated to. Upon further question, he acknowledged the water feature would still use water, whether the Applicant did a water efficient landscape or not. Councilmember Finerty stated she called the item up because she had recently attended the Water Symposium in Riverside and had recalled the headline of The Desert Sun that stated "Forecast for water was grim and grimmer." Secondly, because the City was serious about its Energy Ordinance, and the proposed water feature would still require energy to pump a small amount of water. She thought a water feature in the desert was not appropriate. Thirdly, with regards to Mr. Bagato's statement that "nothing prohibited a water feature," she thought perhaps Council would agree to take action to prohibit water features in the desert where there wasn't enough water, and the City was trying to save 30% on energy. Responding to Mayor Pro Tem Benson's question, whether recycled water would be used, Mr. Bagato replied that the Applicant said yes. MR. BILL PLATTOS, First Team Real Estate Broker, stated that for several months they had attempted to take a building they didn't own and weren't obligated to upgrade and update it. He said First Team was the lessee, and it was rare for a lessee to step up and tell the landlord they were willing to spend money to do that. He said designers and architects reviewed the building with the landlord's approval, and First Team was paying for it, which was quite expensive. The water feature was calculated to use15 gallons of water a week to run. He said he was from Orange County and like it out here in the desert, but noticed a lot of sprinklers on and wondered how much water that was. He said the building covered about 11,OQ0 square feet, with no swimming pool, showers, or double toilets and believed their plan was way below their water usage. He commented that water was very aesthetic in the desert. He appreciated Councilmember Finerty's concern regarding water usage, in fact he was at a Real Estate Meeting this morning where the Mayor of Coachella said his City's population was 26,000 and expected to grow to 100,000 in eight or ten years. He said the population growth was apparent and understood the concern for water conservation. He said he 11 �� l ♦q,,:� M' � i.�. � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 tried to minimize the amount of water used vs. the effect from an architectural, visual, and an aesthetic point of view for the building. He said if it couldn't be done, it couldn't be done, but would certainly try wherever it was needed for the benefit of the agents and the company. He said they were a large company with about 2,000 agents spread along Orange County, Long Beach, Temecula, etc., and they tried to project a high image. He said it was a regional company, rated 10`h in the country, and image was very important. In looking around the architecture of Rancho Mirage and Palm Desert, they decided to look for ways to pay to bring the building up to a potential level. They cut back on the amount of water to be used on the water fountain; however, if they were to give up the water, there wouldn't be a water fountain. He noted that recycled water would be used and offered to answer questions. Councilman Ferguson made the comparison of the Blood Bank wanting to take blood out of the Coachella Valley and the issue of water. He said water was a precious commodity and could see the need forwater, recycled water, and non-potable water, but to simply make a monument sign more aesthetic, was a waste of water and irresponsible. He thought the sign looked fine, and the water element didn't add a thing except an impromptu that Palm Desert didn't care about its water supply, when it really did. He said Palm Desert had the most restrictive water ordinance in Riverside County, Clark County, and Coachella Valley Water District, and viewed water as a resource. He said to approve a water feature to make a real estate sign look pretty was not a compelling interest. Councilman Spiegel moved to, by Minute Motion, affirm the action of the Architectural Review Commission that approved a new freestanding sign for First Team Real Estate. Councilman Spiegel stated the building was at the entrance to the City and next to the Backward Shopping Center where it was difficult to know where you're at. He said it was very important to make a statement at that location, and it was a small amount of water compared to what the City had in its fountains, lakes, and facilities with water installed on EI Paseo, at the request of the City. He thought it was an advantage to use a small amount of water at that location to make it look more exciting as your entering the City. Councilmember Finerty stated a letter from Rose Carter was recently sent to the editor and it stated "Why must new homes and businesses have water features, why do cities not follow Palm Desert's example." She was sorry to say, she felt the City did not set an example here with regard to water features. She hoped that Council would agree to direct staff to prepare something that would prohibit all monument signs from having a water feature. 12 PRELlMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 Mayor Pro Tem Benson stated she thought the issue was addressed when Council agreed to use recycled water and not always choose to drain the water supply. She agreed with Councilman Spiegel that it was a prominent entrance to the City and there are other water features in the City. In this case, recycled water would be used, and it can be explained that Palm Desert was not abusing the water supply. She said this was a good use of recycling. Mayor Pro Tem Benson seconded the motion. Mayor Kelly agreed the City had to be careful with water usage, and the City had ordinances that controlled those issues, but he was inclined to approve a small amount of recycled water to be used in an area with such aesthetic problems. Mayor Kelly called for the vote, and the motion carried on a 3-2 vote, with Ferguson and Finerty voting NO. B. REQUEST FOR AWARD OF CONTRACT FOR PROFESSIONAL HORTICULTURAL SERVICES FOR LANDSCAPE MAINTENANCE AREA NO. 6 (DESERT WILLOW GOLF RESORT PARKWAYS AND ENTRY ROAD) (CONTRACT NO. C26550, PROJECT NO. 906-07). Mr. Ortega noted the staff report and offered to answer any questions. Councilman Spiegel moved to, by Minute Motion, award the subject contract to Hort Tech, Inc., Palm Desert, California, in the amount of $149,600; include extra work and services at the specified contract amount, and authorize the Mayor to execute the agreement — funds are available in Account No. 110-4614-453-3320. Motion was seconded by Finerty and carried by a 5-0 vote. C. REQUEST FOR AWARD OF CONTRACT FOR PROFESSIONAL HORTICULTURAL SERVICES FOR LANDSCAPE MAINTENANCE AREA NO. 9 (EL PASEO, CIVIC CENTER, BAJA PARK, ENTRADA DEL PASEO, AND THE SAN JACINTO AND SANTA ROSA MONUMENT VISITORS CENTER) (CONTRACT NO. C26560, PROJECT NO. 909-07). Mayor Pro Tem Benson moved to, by Minute Motion, award the subject contract to Hort Tech, Inc., Palm Desert, California, in the amount of$231,000; include extra work and services at the specified contract amount, and authorize the Mayor to execute the agreement — funds are available in Account No. 110-4614-453-3320. Motion was seconded by Finerty and carried by a 5-0 vote. 13 �. F J j • ' ( �"C.ii_` '..l S PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 D. REQUEST FOR AWARD OF CONTRACT FOR TRAFFIC SIGNAL MAINTENANCE SUPPORT (CONTRACT NO. C26740, PROJECT NO. 580-07). Councilman Spiegel moved to, by Minute Motion, award the subject contract to Republic Intelligent Transportation Services (Republic ITS), Anaheim, California, in an amount not to exceed$100,000 and authorize the Mayor to execute the agreement—funds are available in Account No. 110-4250-433-3325. Motion was seconded by Finerty and carried by a 5-0 vote. E. REQUEST FOR APPROVAL OF ACTIONS RELATED TO CONTRACT WITH SUNLINE TRANSIT AUTHORITY FOR ROUTES 51 A&B(RED AND BLUE),THE"SHOPPER HOPPER"ROUTES,AND RELATED MARKETING OF THE PROGRAM (CONTRACT NO. C2408QA). Councilman Spiegel questioned if the Red Route, which were primarily Marriott hotels, included the hotel on the corner of Gerald Ford Drive and Cook Street. Ms. Riddle replied beginning November 1, the Hampton Inn will be included in the route Councilman Spiegel moved to, by Minute Motion: 1)Authorize the Mayor to extend the subject contract with SunLine Transit Authority, Thousand Palms, California, on a month-to-month basis for six months in an amount not to exceed $132,000 for vehicle operation, preventive maintenance,fuel,and incidental repairs to the vehicles; 2)authorize the Director of Finance to set aside the amount of $13,200 as 10% contingency (use of contingency requires additional action) for this contract; 3) approve the expenditure of $45,000 for the yearly brochure and tourist magazine advertising of the Shopper Hopper, and to re-wrap the vehicles — funds for this program are available from Account No. 110-4416-414-3681. Motion was seconded by Finerty and carried by a 5-0 vote. F. REQUEST FOR DISCUSSION OF VARIOUS HOMEOWNER ASSOCIATION REQUESTS REGARDING THE FUNDING OF LANDSCAPE MAINTENANCE AND UTILITY COSTS. Mr. Ortega stated this item was a result of requests from three different Homeowner Associations (HOA). He referenced the staff report in that two HOA's are requesting the City form a Landscape Assessment District, Sandcastles wants to review their previous action, and Kings Point Villas wants the City to pay for the maintenance of a median. He said it was the City's policy, especially with recent developments, for homeowners to form a HOA and be responsible for their maintenance. He said staff submitted recommendations that were slightly different for all three respectively. He noted some residents were in attendance to speak on this matter. 14 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 MS. ALICE NUCCI stated she was the current board president of the Kings Point Villas HOA. She thanked the board members and homeowners that accompanied her to this meeting and commended the Council for the work they did to monitor and beautify the City. She apologized that their situation was an ongoing saga, but they have recognized additional issues that possibly the study did not. She introduced Ms. Jeanne Barletta to present on her behalf because she forgot her reading glasses. MS. JEANNE BARLETTA first thanked the City and Caltrans for the new traffic signal recently installed at Shadow Mountain and Highway 74, and stated it's made a positive difference in a lot of peoples lives. But,today they were asking the City Council to convert a City-owned median strip to desert scape, and Kings Point Villas HOA will assist with the maintenance if necessary. The subject median is located on the west side of Highway 74 between Shadow Mountain and at the beginning of Indian Creek Villa. It has continually plagued their HOA for years with financial hardship; the maintenance had been a challenge, and because of its proximity to Highway 74, a liability to the gardeners. She said the median recently reared its head after the HOA spent a great deal of money trimming the eight olive trees, scalping, and seeding, only to have the area torn apart by the traffic signal installation and the heavy equipment involved. She said they love the traffic signal but felt this was the perfect time to convert the median to a more desert friendly appearance. She pointed out this property, where the olive trees were located, was often used by the public as a picnic area, dog park, teenage hangout, and a day-labor connection point, resulting in trash and litter. She urged the City Council to consider transforming the median to a low-maintenance desert scape similar to what was on the opposite side of Highway 74 at the same location. It will help eliminate the downhill water run off, scalping, seeding, mowing, tree trimming, spraying, and its use as a roadside park. The HOA was attempting to be more progressive in water conservation wherever financially feasible by converting to drip systems and low maintenance landscape in areas around their condo's. She said time was of the essence, and the HOA was interested in working with the City to maintain the desert scape project once it was installed. She thanked the Council for their consideration. Councilman Ferguson asked if once the conversion was made, if Kings Point Villas would continue with the operation, maintenance, and upkeep of the median. MS. BARLETTA answered they would. She said the median was built in 1979 and had old irrigation equipment that caused a great deal of water to run down Highway 74. She said if a drip system was installed, it would save them money, water, and the maintenance crew wouldn't be in peril danger 15 ��Y>^a. �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 from vehicles driving by. She said the small stretch of land would be ideal for a low-maintenance desert scape. Councilmember Finerty saif if the eight olive trees were taken out and the median was converted to drought tolerant, the HOA would save money in their landscape contract, and the water bill would be significantly reduced. She asked if the HOA had any funds set aside in reserve that could assist the City with the replacement of the irrigation system and plants. Secondly, recognizing money would be saved from the water bill and tree trimming bill, thought those funds could be used for this project as well. MS. BARLETTA agreed there would be a savings, but the matterwould need to be discussed at their HOA meetings. Councilman Ferguson moved to have the Applicant speak with Landscape Manager Spencer Knight and create a plan that would be mutually workable and bring back to Council. Landscape Manager Spencer Knight noted he would not touch the eight olive trees. He said staff could convert the medians over to a drip irrigation system and desert landscape. He said it was a wise thing to do, a doable project, and a cost savings to the HOA. Mayor Kelly asked Councilman Ferguson to restate his motion for Item No. 1. Councilman Ferguson moved to, by Minute Motion, direct that the City's Landscape Manager work with Kings Point Villas Homeowners Association (KPVHOA) representative to develop a mutually agreeable plan to convert the medians located on the west side of Highway 74/Shadow Mountain Drive to water efficient, drought-tolerant landscaping and return to the City Council with a recommendation,with the understanding that the KPVHOA would assume responsibility for maintenance of the medians once converted. Motion was seconded by Finerty. Responding to question, Mr. Knight replied the medians were not covered by a Landscape and Lighting Assessment District, it was a HOA. Mayor Kelly called for the vote on Item No. 1, and the motion carried by a 5-0 vote. Responding to Councilman Spiegel's question regarding homeowners association, Mr. Ortega clarified that Silver Spur Ranchers and Sandcastles were HOA's, mainly for the maintenance. The homeowners believe the administrative cost for maintaining the HOA would be lessen if the City allowed them to create an Assessment District. The City would then be responsible for the landscaping and could then add the cost to their property tax bill. 16 '�"'`x"� ,. � . ��..��' PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 Councilman Spiegel stated the residents wouldn't want to pay when the price went up. Mr. Ortega replied when the Assessment District is created, it can be approved with a specific formula that provided for cost increases. Mayor Kelly added that staff would set a public hearing informing residents of the cost, and if they choose not to approve it, it would revert back to what it currently is now. Councilman Spiegel moved to, by Minute Motion: a)Approve a request bythe Silver Ranchers Association to fund the landscaped medians and traffic circle of Silver Spur Trail by means of a Landscape and Lighting Assessment District, and authorize staff to initiate the balloting process; b) approve staff's recommendation to initiate the balloting process to determine whether or not Sandcastles property owners wish to modify their current assessment levy to include landscape maintenance and utility costs. Motion was seconded by Finerty and carried by a 5-0 vote. G. REQUEST FOR APPROVAL OF EXPENDITURE FOR JOURNEY TELEVISION MARKETING PROGRAM. Mr. Ortega noted the staff report and offered that staff was available to answer questions. Councilman Spiegel asked if Time Warner agreed to maintain the price for a second year if the City liked the program. Marketing Manager Kristy Kneiding responded they did agree, and she was still confirming it, but it wasn't written in the contract yet. Councilman Spiegel noted this item was approved unanimously by the Marketing Committee. Councilman Spiegel moved to, by Minute Motion, approve the expenditure of $100,000 for commercial airtime as part of Time Warner's Journey Television Program — funds are available in Account No. 110-4417-414-3221. Motion was seconded by Kelly. Mayor Pro Tem Benson stated she wasn't sure what the City would be getting out of this program. Councilman Ferguson asked if this was a $600,000 budget item as noted on page three of the staff report. 17 �, �-a., ,� . � � �--- , �..�� ..�"�, PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 Ms. Kneiding replied the total marketing budget was $600,000 to purchase media-advertising throughout the whole year, and the subject program was $100,000. Councilman Ferguson asked if it was brand marketing for Palm Desert specifically, or recreational marketing through the CVA. Ms. Kneiding responded this project was through Time Warner and staff was proposing to use funds allocated as part of that special branding allocation being added to the budget. Councilman Ferguson asked what this program had to do with Kemper Sport and the Art of Food & Wine. Ms. Kneiding replied nothing, other than the fact, that if the City chose to put the Art of Food & Wine video on the Journey TV On Demand, it can be promoted as something happening in Palm Desert as part of the On Demand program. She said the program would provide $100,000 worth of television advertising.The City typically spent between$25,000 and$30,000 with Time Warner through television advertising, so in addition to that, the City could place ads in whatever market was chosen and direct people to tune into another channel and watch our On Demand video. The City gets to decide which videos to show. Councilman Ferguson stated he would vote against it for two specific reasons: 1) He believed he broke an impasse at the previous budget cycle, between the CVA and the people who wanted to do stand-alone marketing for the City by approving $100,000; 2) He approved an additional $200,000, which made a total of $300,000 for stand-alone marketing and he was explicit when he made the motion, that he did not want the funds co-mingled with the Art of Food & Wine, which he was not a believer in. He was not supportive to the extent the Art of Food & Wine was being co-mingled with this program. Ms. Kneiding stated those funds were not co-mingled. The only part of the Art of Food & Wine that could be included, was a two-minute promotional video as part of the On Demand Television Channel, if the City chose to do that, but the advertising was purely for the City of Palm Desert; the video portion was a bonus. The committee was considering four different videos for people to tune into. People would first see Palm Desert commercials and if they liked what they heard, they could then tune into Channel 1076 where they could take a virtual tour of Palm Desert, or watch a video about Fashion Week. 18 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 Councilman Ferguson stated he understood the program, he just wished it was explained to him earlier about what it was. Mayor Kelly called for the vote, and the motion carried by a 3-2 vote, with Ferguson , and Finerty voting NO. H. REQUEST FOR APPROVAL OF THE REVISED PALM DESERT HOME IMPROVEMENT PROGRAM (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted the program was revised, and additional funds were being added to the program. He noted that it was a joint consideration item. He offered that staff was available to answer questions. Councilman/Member Spiegel stated it was a wonderful program and asked how the information was going to be delivered to the residents. Housing Authority Administrator Janet Moore responded staff was considering putting an article in the Brrght Side newsletter in the fall, when residents started coming back to the desert, and also looking at October or November to re-advertise the program. She was contacted by one of the board members of the Palm Desert County Club Association for additional information, they want to target their area by sending it out to their residents in the fall as well. She agreed to provide the information. Councilman/Member Spiegel suggested showing the program out at their clubhouse. Ms. Moore agreed. Councilman/Member Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 07-53, approving the revised Guidelines, Funding Components, and Procedures for the Home Improvement Program (the "Program"), substantially as to form, and which hereby supersedes all other resolutions related to the Program; 2) Redevelopment Agency Resolution No. 541, approving the revised Guidelines, Funding Components, and Procedures for the Program, substantially as to form, which hereby supersedes all other resolutions related to the Program; By Minute Motion, authorize: 3) The City Manager and/or Executive Director to finalize the loan and grant documents necessary for implementation of the Program; 4) The City Manager and/or Executive Director to execute any documents necessary to implement the Program. Motion was seconded by Finerty and carried by a 5-0 vote. 19 PRELIMINARY MINUTES RAF� REGULAR PALM DESERT CITY COUNCIL MEETI� JULY 12, 2007 XV. CONTINUED BUSINESS A. RESOLUTION NO. 07-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A PRECISE PLAN OF DESIGN FOR A 2,486 SQUARE-FOOT GENERAL OFFICE BUILDING LOCATED ON THE SOUTH SIDE OF FRED WARING DRIVE, 750 FEET EAST OF MONTEREY AVENUE, 73-141 FRED WARING DRIVE Case No. PP 07-03 (Prest/Vuksic Architects, Bob and Marilyn Ford, Applicants) (Continued from the meeting of June 14, 2007). No action was taken on this item, and with City Council concurrence, this item was hefd until the item of the same case, which was advertised for a public hearing. Please see Public Hearing - Item A for related discussion and action. B. REQUEST FOR AWARD OF CONTRACT FOR CONSULTANT SERVICES TO PERFORM INVENTORY OF PUBLIC SIDEWALKS AND OTHER CITY INFRASTRUCTURE (CONTRACT NO. C26610, PROJECT NO. 761-07) (Continued from the meeting of June 14, 2007). Mr. Ortega noted this item had previously been presented to Council, and it was clarified to indicate that the firm did have a local office. He offered that staff was available to answer any questions. Mayor Keliy stated he had noticed sidewalks with gaps throughout the City and wondered if the inventory would also provide information as to where all the gaps were located. Engineering Manager John Garcia replied the inventory will provide that information as well as where repairs are needed. Responding to Councilman Spiegel's question, Mr. Garcia said the City was required to conduct an inventory in terms of the Americans with Disabilities Act (ADA) compliance. Councilman Spiegel moved to, by Minute Motion, award the subject contract to Harris & Associates, Irvine, California, in the amount of $183,863 for consultant services to inventory City public sidewalks for compliance with the Americans With Disabilities Act (ADA) standards and condition, and other infrastructure, including red curb, traffic signs, striping, and catch basins; authorize the Mayor to execute said contract — funds are available in various General Fund and Capital Improvement Accounts. Motion was seconded by Benson. Councilman Ferguson asked if the inventory had to be conducted by Geographical Information System (GIS) in order to meet ADA requirements. 20 M°i�; !'a�. �� a �.�:.�,��z�. -��.� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 Mr. Garcia replied the data could be collected manually, but it would be labor intensive. Mayor Kelly called for the vote, and the motion carried by a 3-2 vote, with Ferguson and Finerty voting NO. C. REQUEST FOR APPROVAL OF WESTFIELD BUS SHELTER DESIGNS (Continued from the meeting of June 14, 2007). Ms. Riddle noted the amendment to the recommendation. She said staff was recommending Council approve Items Nos. 1, 3, and 4, and with Item No. 2, that Council authorize a subcommittee to approve the design in order to expedite the process. She said a modified rendering was not received and presently had nothing to show the Council, so in order to continue with the process, staff was recommending that the subcommittee approve the design. Responding to question about Item No. 5, Ms. Riddle confirmed Item No. 5 was included in the recommendation, and Item No. 2 was changed. Mayor Kelly pointed out that Item No. 2 had changed, and staff was requesting that Council authorize a subcommittee to include two Councilmembers to approve the design, in order for the rest of the items to be approved and move forward with the process. Councilman Spiegel moved to, by Minute Motion: 1) Confirm award of contract for bus shelter design and fabrication in the amount of$125,000 to All Purpose Manufacturing, Oceanside, California (Contract No. C26030B); 2) appoint a subcommittee authorized to review and approve the Westfield Bus Shelter designs; 3) authorize staff to extend Contract No. C26030A with Contreras Construction Company, Indio, California, in an amount not to exceed $15,000; 4) authorize staff to work with Coachella Valley Water District (CVWD) to install a water line and water meter to site in an amount not to exceed $10,000; 5) appropriate funds from Account No. 400-4357-433-4001 in an amount not to exceed $25,000 for this purpose. Councilman Spiegel offered to be on the subcommittee because he represented SunLine. Mayor Kelly agreed. Responding to Councilman Ferguson's question regarding the total cost of the project once completed, Ms. Riddle said it would be close to $500,000 under a separate budget. The amount included everything, as well as the pad. Councilman Spiegel stated it was a major bus shelter for the City at Westfield, a central location where people came from Indio and Palm Springs and changed buses. 21 PRELIMINARY MINUTES ��`�� REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 Responding to Councilmember Finerty's inquiry regarding the waterfountain mentioned in the staff report, Mrs. Riddle clarified it was a drinking water fountain and misters would also be included. Mayor Kelly seconded the motion, and it carried by a 3-2 vote, with Ferguson and Finerty voting NO. Councilman Spiegel suggested that Mayor Kelly also be on the subcommittee. Mayor Kelly agreed. Councilmembers concurred. XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 7 TO CONTRACT NO. C22870B — CONSTRUCTION OF THE WHITEWATER BRIDGE AT PORTOLA AVENUE (PROJECT NO. 647-04). Mr. Greenwood stated staff wished to withdraw this item. Councilman Spiegel moved to withdraw this item from consideration. Mayor Kelly noted there were two speakers wishing to speak on this item. MR. RON DOERR stated he was president of the Wedgwood Glen Homeowners Association since 2001. He said he wanted the City Council to know about the noise and dirt they've had to endure on a daily basis beginning at 5 AM. He said the HOA was anxious for the project to be finished, the wall to go up, and for their lives to return to normal. He met on numerous occasions with Ron Holsted, HOA board members, City staff (Cora Salas, John Garcia, and Diane Hollinger, soundwall specialist, and engineers), as a result to project changes, time lost, and delays to date. He said the bridge was expected to be completed in the next three to four weeks, and City staff assured them the transition from completion of the bridge to the next phase would be immediate, and the City would close off the lanes closest to their property on Portola Avenue to tear down the damaged wall and have a new one erected. He said they did a lot of leg work relating to the landscaping, the City taking responsibility for the wall, and the exterior landscaping, which the HOA will maintain at their expense. He said the City landscape staff agreed to reimburse $50,494,00 to the HOA after bids were acquired, the work was completed, and the HOA signed off on the landscape agreement. Mr. Ortega stated that because of the type of work and the amount, the City needed to go out to bid. Staff recommended as a substitute motion, to authorize City staff to go out to bid on the soundwall and landscape, which 22 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 of course would delay the project, but it was at the advice of the City Attorney. MR. DOERR stated the delay would push the project into high season with high traffic, creating hardship to residents who have vacation rentals with people who will not return until the project was finished. He said they were led to believe by the City that everything would be completed in November or December and would not go into a third season of construction. MS. MARTHA PLOTCZYK, stated she was a homeowner and resident of Wedgewood Glen, located on Magnesia Falls and Portola Avenue. She was selected to spearhead the landscaping on the interior of the wall once the wall was built. She said she was from New England and had to thank Cora Salas and Diane Hollinger for helping her transition to a desert scape. She found a landscaper who would do the project for$50,494.00,which was the amount allotted by the City. She said the HOA needed to sign a contract with the contractor by the end of July, to ensure a tentative start day for late September or early October. She said if the project was delayed, with the cost of goods and services escalating, who knew what the cost would be five or six months. She went on to say it was an older property, and they planned to go with a desert scape to save water. She said it was a very small community with only 38 units, so every dollar saved was important. Her question was if the project was delayed,would Council provide an assurance that it would reconsider the dollar amount allotted and make the adjustment accordingly. Mr. Erwin stated he was the one that stopped the change order. He said the City couldn't do a change order on an existing contract that didn't mention or include the soundwall as part of the scope of work; and thaYs why staff was requesting to go out to bid on the soundwall. Secondly, the $50,494.00 amount for the landscaping was an estimate, and he was reluctant to approve any general fund money based on an estimate. Mayor Kelly asked if Council had authority to approve this item without going out to bid. Mr. Erwin replied it didn't. Mayor Kelly asked if there was an option where time was of the essence in a case such as this. Mr. Erwin replied the Council had the authority under the current City ordinances as well as State law, if it declared an emergency. 23 � �": � �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 Responding to Councilmember Finerty, Mr. Erwin responded he had no idea how the estimate was arrived at. Mr. Greenwood replied he believed the estimate was based on the square footage of the area that was disturbed by the wall construction, and the typical rate for landscape work. Upon further questions, he agreed the numbers were valid. Councilman Spiegel asked how much of a delay would it be, if the work went out to bid. Mr. Greenwood replied the work couldn't be completed until Spring. Councilmember Finerty asked if there was a way to have this item on the next agenda, have staff provide a report, and allow Council the opportunity to decide if $50,494,00 should come out of City's funds to pay the HOA, so they can get their own landscaping and avoid further delay. Mayor Kelly stated Councilmember Finerty was speaking of the landscaping, which was a separate matter. He said the problem was the soundwall. Councilman Spiegel added that the landscaping couldn't be done without the soundwall. Mayor Kelly stated the conflict was the City Attorney recommended the City go out to bid, but if it did, it would be five to six months before the wall was complete. However, If Council approved construction of the soundwall, based on the proposal by the contractor, construction could begin now with no delays. Mr. Erwin noted the City had specification for a soundwall to go out to bid, and staff didn't have those to be prepared. Mr. Greenwood agreed. He said the City had to repackage two sets of plans to combine the wall design with the landscaping design for the exterior landscaping. Responding to Mayor Kelly's question about how long before construction could begin if Council declared an emergency, Mr. Greenwood replied it could start immediately. Councilmember Finerty stated it seemed like the residents had been inconvenienced long enough and going into a third season to have the project completed in the Springs, was not fast enough. 24 � �'� r'�'` �� ,=�.�-� � .::. � PRELlMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 Councilman Spiegel asked what was the downside if Council declared an emergency. Mr. Erwin replied someone could challenge it, and Council could potentially inappropriately expend public funds. Upon further question, he said he had no idea who would challenge it. Mayor Pro Tem Benson stated it didn't seem like it would be challenged. She said the City had been tinkering with this bridge long enough, and the City would be criticized more for the delays than for declaring an emergency. Councilman Ferguson questioned whether a mild inconvenience qualified to the level of an emergency under the Brown Act. He recalled asking the City Attorney for a memo on the Brown Act, and it seemed to indicate "dire circumstances." MS. PLOTCZYK pointed out she was not talking about an inconvenience, but that she had a landscape contractor who wanted a contract signed by July 30, locking him in to do the work in September or October. Mayor Kelly stated Council understood her situation and was still deliberating. Councilmember Finerty asked if there was an option in between a long delay and an emergency. Mr. Erwin responded it would have to fall under what was described in the memo given to Council a couple of months ago, but it was Council who made that decision. Mayor Kelly said that considering the season was extremely important, a situation existed if not approved now. He said Council would then run into complications and felt it was an emergency, because the City needed the work to get done. Mr. Greenwood added the purpose for this work was to build a soundwall to bring the project into compliance with noise regulation. Mayor Kelly stated he saw this as an emergency, because the bridge will be fully operational with four lanes of traffic, and the soundwall was required by law if it affected the lives of people. Mayor Kelly moved to, by Minute Motion declare that an emergency situation exists and therefore approve the following: 1)Change Order No. 7 in the amount of $560,811.00 to the subject contract with Granite Construction Company, Indio, California, for 25 �'.�"'°;..""i.i .'n@ �.1 r � n �� .::�V';�..V,� '�fc PRELIMINQRY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 construction of a soundwall and the deletion of various work required for construction of the Whitewater Bridge at Portola Avenue; 2)a General Release Agreement in the amount of$50,494.00 with Wedgwood Glen Association as compensation for restoration of their interior landscaping impacted by soundwall construction(Contract No. C26750); 3)transfer of$500,793.60 from cont�act contingency to base for the Change Order; 4) authorize the Mayorto execute the aforementioned documents. Motion was seconded by Ferguson and carried by a 5-0 vote. B. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE FRED WARING DRIVE WIDENING PHASE II PROJECT — CALIFORNIA AVENUE TO WASHINGTON STREET (CONTRACT NO. C25550, PROJECT NO. 655-01). Mr. Ortega noted the staff report and staff's recommendation. Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract to Granite Construction Company, Indio, California, in the amount of $4,071,654.00; 2) authorize a 10% contingency for the project in the amount of$407,165.40; 3) authorize the Mayor to execute said contract — funds are available in Account No. 400-4359-433-4001. Motion was seconded by Spiegel and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C25570A — CONSTRUCTION OF INFRASTRUCTURE IN THE SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02) (PROJECT NO. 627-05). Mr. Ortega noted this item was a change order to a project previously approved by Council. Councilman Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 1 in the amount of$97,076.80 to the subject contract with Yeager Skanska, Inc., Riverside, California, for geo-textile slope protection material for the project retention basin; 2) transfer $97,076.80 from contingency to base for the project; 3) authorize the Mayor to execute said Change Order. Motion was seconded by Finerty and carried by a 5-0 vote. D. REQUEST FOR AUTHORIZATION TO NEGOTIATE WITH TOP-RANKED CONTRACTOR FOR REPLACEMENT OF CARPET AT THE DESERT WILLOW GOLF RESORT CLUBHOUSE (CONTRACT NO. C26480). Mr. Ortega noted this item was for �eplacement of carpet at the Desert Willow Clubhouse. He believed Council had an opportunity to view the sample. 26 _, y`w PRELIMINARY MINUTES ' � � �` REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 Councilman Spiegel stated the current carpet had a pattern that identified the areas, so that when an area was closed off, it looked like it was continuous to the next room. Project Coordinator Missy Wightman replied the new carpet would have borders as well. Upon further question, she confirmed it would be basically the same to what it currently was, with different color schemes, and a more contemporary look. Councilmember Finerty moved to, by Minute Motion, authorize: 1)Staff to negotiate with the top-ranked contractor, Smith Floors&Installations, Riverside, California,to secure contractual requirements for the subject project in an amount not to exceed $120,000; 2) Chairman to execute all necessary documents to facilitate the negotiated contract; 3) Director of Finance to set aside 10% contingency for the contract (use of contingency requires additional action);4)appropriation of$57,000 to Account No.241-4195-495-8092 forthis project—committed funds in the amount of$75,000 are available in the FY 2007/08 Capital Budget, Account No. 241-4195-495-8092. Motion was seconded by Benson and carried by a 5-0 vote. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A PRECISE PLAN TO CONSTRUCT A 2,4$6 SQUARE-FOOT, TWO-STORY, OFFICE PROFESSIONAL BUILDING — PROPERTY LOCATED AT 73-141 FRED WARING DRIVE Case No. PP 07-03 (Prest / Vuksic Architects, Bob and Marilyn Ford, Applicants). Mayor Kelly stated this item will include Continued Business - Item A. Principal Planner Tony Bagato noted at the public hearing of May 24, 2007, the public hearing portion was closed, and there was a motion for denial on a 3-2 vote, with the item being continued to June 14. Councilman Ferguson interjected and stated a staff report was not necessary because Council was familiar with the case. Councilmembers concurred. Responding to Councilman Spiegel's question regarding Council having to vote on both items, Mr. Bagato replied he believed Council needed to act on the continued business item. Mr. Erwin stated Council needed to act on one of the items, and if they acted on one, it would take care of the other. Mayor Kelly declared the public hearing o�en and invited anyone who wished to speak on this item to do so. 27 �� PRELIMINARY MINUTES �I �� ' REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 MR DAVID PREST, PresWuksic Architects, San Pablo, Palm Desert, CA, stated Council had seen the building and believed they understood it. He offered to answer questions. He noted the Ford's were unable to attend, and that the Ford's wished for the Council to know they were willing to do everything possible to make the building extremely energy efficient and planned to totally occupy it. He said early calculations on Title 24 indicated they could beat it by 30%, and on top of that, they are willing to install photovoltaic panels on the roof. Responding to question, he confirmed he had met with Director of Energy Management Pat Conlon. Mr. Conlon stated he reviewed the design for energy efficiency, and in his opinion, it was superior and one of the best he's seen for a commercial office building in the City of Palm Desert. He said the building was very small, and what the Applicant was proposing to do in terms of energy efficiency, was 30 plus percent above Title 24, which would be 20% above the City's ordinance. In addition, the idea of adding a flat photovoltaic system on the roof, which will not be visible to anyone, will make the building remarkably energy efficient. With no further testimony offered, Mayor Kelly declared the public hearing closed. Councilman Ferguson moved to waive further reading and adopt Resolution No. 07-54, approving Case No. PP 07-03, as proposed. Motion was seconded by Benson and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Request for Authorization to Send Mayor's Letter to the Riverside County Board of Supervisors Regarding Billboards Along Interstate 10. In response to Councilman Ferguson's question about which billboard company was referenced in the matter with the Riverside County General Plan Amendment/Change of Zone Case along Interstate 10, Mr. Bagato replied it was Lamar Advertising. Councilman Ferguson stated that because of a conflict of interest, he would need to recuse himself from further discussion on this matter and left the Council Chamber. (He was absent for the remainder of the meeting.) Upon a motion by Finerty, second by Kelly, and 4-0 vote of the City Council, with Ferguson ABSENT added consideration of this item to the agenda. 28 �� PREUMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 Councilmember Finerty moved to, by Minute Motion, direct the Mayor to send a letter of opposition to the Riverside County Board of Supervisors regarding the case for approving more billboards along Interstate 10 between Monterey Avenue and the future interchange at Portola Avenue. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. B. CITY ATTORNEY None C. CITY CLERK 1. Request for Designation of Voting Delegate and Alternate for the 2007 League of California Cities Annual Conference, Sacramento, California, September 5-8. Ms. Klassen noted the item in the packet for Council to select a Voting Delegate and Alternate for the League of California Cities Annual Conference; it required Council action. Councilman Spiegel moved to, by Minute Motion, appoint Mayor Kelly and Mayor Pro Tem Benson as the Voting Delegate and Alternate, respectively, for the subject conference. Motion was seconded by Finerty. Mayor Pro Tem Benson agreed to attend the first half of the conference, and Mayor Kelly agreed to attend only the voting portion of the conference. Mayor Kelly called for the vote, and the motion carried by a 4-0 vote, with Ferguson ABSENT. D. PUBLIC SAFETY o Fire Department Chief Rios invited City Councilmembers to tomorrow morning's rededication of the remodeled Mesa View Fire Station from 9:00 a.m. to 11:00 a.m., with refreshments being served. o Police Department None 29 �� PRELlMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Riverside County Airport Authority Meetinq-Mayor Kelly noted he would be unable to attend the Authority Meeting next Wednesday. Mr. Aryan confirmed that he would be attending and would report back to him with the outcome. o City Council Committee Reports: 1. Riverside CountvTransportation Commission(RCTC�— Mayor Kelly stated that when the Commission was formed as it stands currently with all the cities participating, subcommittees were operated by region to effectively deal with issues by those affected. Currently, the Commission has chosen to operate the subcommittees by function, and now that Western Riverside County has its TUMF (Transportation Uniform Mitigation Fee) in place, the Commission has been predominantly focusing on projects in the western half of the County. In fact, during a three-hour meeting yesterday, everything considered was in the western half; no Coachella Valley or Eastern Riverside County projects were discussed. He was getting very discouraged about the direction and wanted to advise his colleagues that he may take issue with the Commission over it, which will likely result in controversy. If anyone objected and wanted to assume that role instead, he offered to relinquish his appointment. Councilmembers concurred that the Mayor had a legitimate concern and that he should see it through. o Citv Council Comments: None 30 ;�j PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2007 XIX. ADJOURNMENT Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Kelly adjourned the meeting at 5:27 p.m. RICHARD S. KELLY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 31