The URL can be used to link to this page

Home My WebLink AboutPRELIM - CC - 06/14/07 DRAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 14, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:03 p.m. II. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilman Jim Ferguson arrived at 3:35 p.m. 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 Amir Hamidzadeh, Director of Building & Safety Lauri Aylaian, 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 Frankie Riddle, Director of Special Programs Jorge Rodriguez, Fire Marshal, Palm Desert Fire/Riverside Co. Fire Dept./CDF Steve Thetford, Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 627-071-015 Negotiating Parties: Agency: Justin McCarthy/Janet Moore/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 Conference with Legal Counsel regarding Employee Discipline/Dismissal/Release pursuant to Government Code Section 54957 Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager Upon a motion by Kelly, second by Spiegel, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Kelly adjourned the meeting to Closed Session at 3:04 p.m. He reconvened the meeting at 4:03 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tem Jean M. Benson 2 PRELIMINARY MINUTES �� REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS - B MR. ROB BALLEW, CEO/Executive Director, Family YMCA of the Desert, complimented the City Council, Parks & Recreation Commission, and Parks & Recreation Services Manager Janis Steele on the Freedom Park Grand Opening event held on Saturday, June 9. He said that was followed by three YMCA Preschool Graduations also conducted that day, one of which was attended by Mayor Pro Tem Benson for the ceremony at the Jean M. Benson Child Care Center. He thanked the City for all its support of YMCA Programs. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF $50,000 CHECK TO PALM DESERT MIDDLE SCHOOL FOR ITS CHARTER DESIGNATION CAMPAIGN(Continued from the meeting of May 24, 2007). On behalf of the City Council, Mayor Pro Tem Benson and Councilman Spiegel presented the$50,000 check to Palm Desert Middle School Principal Sallie Fraser and commended the School for its efforts to this end. The total amount of funds necessary for the Charter Designation was $210,000, and community members were encouraged to donate to help meet this goal. Ms. Fraser introduced the Palm Desert Middle School Jazz Band, who entertained prior to the meeting being reconvened, members of the Middle School Staff, and parents, all in attendance. B. PRESENTATION OF PROCLAMATION DECLARING JUNE 14, 2007, AS "NORINE BOWEN DAY" IN THE CITY OF PALM DESERT. The entire City Council came forward to honor Ms. Bowen for her tenure in the City of Palm Desert as General Manager of Westfield Palm Desert and for her community involvement, including member and past Chair of the City's Marketing Committee,current President of the Chamberof Commerce, and member of the Family YMCA of the Desert Board of Directors, Palm Desert ATHENA Committee, and for initiating a very successful retail training program for high school students. She was presented with a unique blown glass sculpture, framed proclamation, and one dozen yellow roses to recognize her imminent relocation to the Dallas-Ft. Worth, Texas, area. 3 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 C. PRESENTATION TO RECOGNIZE LARRY KOSMONTAND RANDY CASE OF PALM DESERT COUNTRY CLUB FOR THEIR RECEIPT OF GOLF MAGAZINE'S "2006 RENOVATION OF THE YEAR" AWARD. On behalf of the City Council, Mayor Kelly presented Messrs. Kosmont and Case with an engraved plaque to honor Palm Desert Country Club's accomplishment. He related that through some standing-room-only City Council Meetings and some rough times during the renovation process, the gentlemen could now be very proud of their accomplishment and forthe fine facility that resulted. D. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE — MAY 2007. Mayor Kelly and Mr. Ortega honored Tony Bagato and Tonya Monroe for their service above and beyond the call of duty. Each was presented with a printed certificate and a $100 gift certificate for their outstanding efforts. E. PRESENTATION TO RECOGNIZE LIEUTENANT CHARLIE BRANSCUM FOR HIS 3Q YEARS OF LAW ENFORCEMENT SERVICE WITH THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT AND THE PALM DESERT POLICE DEPARTMENT. On behalf of the City Council, Mayor Kelly and Captain Thetford came forward to honor Lt. Branscum on his retirement following 30 years of service and for being one of the charter officers on the City's Police Department. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 24, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 243, 247, 248, and 252. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#580) by Verizon in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. 4 l��T PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 D. CLAIM AGAINST THE CITY (#581� by Verizon in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bamboo Cove, 72-286 Highway 111, Suites J3 & J4, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Chicago Freddie's, 74-450 Palm Desert Drive, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Tesoro West Coast Company, LLC, 72-300 Highway 111, Palm Desert. Rec: Receive and file. H. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meeting of April 24, 2007. 2. Marketing Committee Meeting of April 17, 2007. Rec: Receive and file. I. LETTER OF RESIGNATION from Norine Bowen — Marketing Committee. Rec: Receive with very sincere regret. J. LETTER OF RESIGNATION from Elliott Smith — Youth Committee Rec: Receive with very sincere regret. K. REQUEST FOR APPROPRIATION of Funds for Remodel of City Council Offices Area. Rec: By Minute Motion, authorize appropriation of$28,500 from the City's Unobligated Funds to Account No. 110-4159-415-4040 forthe subject project. 5 � r _ � �,...ro,,. [j �j`4�. . �n[�j Yii.% E�I ''Y GS ■ PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 L. REQUEST FOR RATIFICATION of the City Manager's Authorization to Advertise and Call for Bids for Construction of the Fred Waring Drive Widening Phase II Project — California Avenue to Washington Street (Contract No. C25550, Project No. 655-01). Rec: By Minute Motion, ratify the City Manager's authorization to advertise and call for bids for the subject project. M. REQUEST FOR EXTENSION of Contract for Parking Lot Sweeping Services for Presidents Plaza East and West, Presidents Plaza 3, and Entrada del Paseo (Contract No. C22773). Rec: By Minute Motion: 1) Extend the subject contract with M & M Sweeping, Inc., Thousand Palms, California, in the amount of $10,020/year ($835/month); 2) authorize the Mayor to execute said contract — funds are included in the FY 2007/08 Budget, Account No. 110-4310-433-3320. N. REQUEST FOR APPROVAL of Reimbursement Agreements with the City of Indian Wells for the Installation and Maintenance of Specified Landscaped Medians Shared by the Two Cities. Rec: By Minute Motion, authorize the Mayor to execute the following agreements with the City of Indian Wells: 1) Contract No. C26590A for the installation of landscape improvements in medians on Fred Waring Drive from Phyllis Jackson Lane to Washington Street; 2) Contract No. C265906 for the operation and maintenance of landscape improvements on medians on Fred Waring Drive from Phyllis Jackson Lane to Washington Street and on Hovley Lane East along the frontage of Toscana Country Club. O. REQUEST FOR APPROVAL of the Use of Original Equipment Manufacturer (OEM) Services for Vehicles and Public Works Equipment for FY 2007/08. Rec: By Minute Motion: 1) Approve the OEM Vendor List accompanying the staff report for this item; 2) grant an exception to bidding requirements, as provided for in Section 3.32.090 of the Palm Desert Municipal Code for purchases and/or services valued less than $25,000, all for FY 2007/08. 6 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 P. REQUEST FOR APPROVAL of Supplemental General Fleet Repairs for FY 2007/08. Rec: By Minute Motion, approve the use of Hovley Tire, Palm Desert, California, for those general fleet repair services that cannot be accomplished by the City's Mechanic for FY 2007/08 — funds have been budgeted in Account No. 110-4331-413-3340. Q. REQUEST FOR APPROVAL of the Use of Various Vendors and Qualified Services for Miscellaneous Public Works Activities in FY 2007/08. Rec: By Minute Motion: 1) Approve the Various Vendors and Qualified Services List accompanying the staff report for this item; 2) grant an exception to bidding requirements, as provided for by Section 3.32.090 of the Palm Desert Municipal Code for purchases and/or services valued at less than $25,000, all for FY 2007/08. R. REQUEST FOR APPROVAL of the Use of Various Vendors and Qualified Services for Traffic Signal Safety and Maintenance in FY 2007/08. Rec: By Minute Motion: 1) Approve the Various Traffic Signal Vendor List accompanying the staff report for this item; 2) grant an exception to bidding requirements, as provided for in Section 3.32.090 of the Palm Desert Municipal Code for purchases and/or services valued at less than $25,000, all for FY 2007/08. S. REQUEST FOR APPROVAL of the Use of Original Equipment Manufacturer (OEM) Services for Traffic Signal, Communication, Bucket Truck, and Vehicle Data Collection Equipment in FY 2007/08. Rec: By Minute Motion: 1)Approve OEM Traffic Vendor List accompanying the staff report for this item; 2) grant an exception to bidding requirements, as provided for in Section 3.32.090 of the Palm Desert Municipal Code for purchases and/or services valued at less than $25,000, all for FY 2007/08. T. REQUEST FOR APPROVAL of Vendor to Supply Aftermarket Automotive Parts, Equipment, and Services for Fleet Maintenance in FY 2007/08. Rec: By Minute Motion, approve the use of Genuine Parts Company (NAPA), Palm Desert, California, to supply general aftermarket automotive parts, tools, equipment, and services as needed for fleet maintenance in FY 2007/08 —funds have been budgeted in Account No. 110-4331-413-3340. 7 � � .: ._ , t �� ` �-� �. 1�_..E ' PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 U. REQUEST FOR APPROVAL of Equipment Rental Services Vendors for FY 2007/08. Rec: By Minute Motion, approve the use of Elms Equipment Rental, Clairemont Equipment Co., and United Rentals to provide equipment rental services to the City in FY 2007/08—funds have been budgeted in Account No. 110-4310-433-3430. V. REQUEST FOR APPROVAL of the Purchase of Compressed Natural Gas (CNG) Fuel for FY 2007/08. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. W. REQUEST FOR APPROVAL of Vendors for the Purchase of Gasoline and Diesel Fuels for FY 2007/08. Rec: By Minute Motion, approve the use of Kenny Strickland and SoCo Group for purchases of gasoline and diesel fuels for the City's vehicle fleet and equipment in FY 2007/08 — funds have been budgeted in Account No. 110-4331-413-2170. X. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20580D1 — Construction of Improvements for Mesa View Fire Station (No. 67) Renovation Project (Commercial Diversified, Inc., Twentynine Palms, 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. Y. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C23830A— Landscape Improvements on Fred Waring Drive Medians Phase I — Deep Canyon to California Drive(Project No.953-05)(Sierra Landscape Co., Inc., Palm Desert, 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. Z. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C23900A — Construction of the Monterey Avenue Bridge at Whitewater River Expansion Joint Repair Project (Project No. 643-05) (J. McLoughlin Engineering Company, Inc., Rancho Cucamonga, 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. 8 d"� r a°' !a �:_...,u t'i:c.:: . ` ' . � r j: ` �'� -� �i PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 AA. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C26200 — Painting of the City of Palm Desert Civic Center Exterior (Best Quality Painting, Inc., Whittier, 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. BB. REQUEST FOR AUTHORIZATION to Release Improvement Security for Parcel Map No. 31515 (Shaw Palm Desert 1, LLC & The University Village Partnership, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security for Parcel Map No. 31515. CC. REQUEST FOR APPROVAL of Tract Map No. 34626 (John Laing Homes d.b.a. W. L. Homes, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 07-35, approving the Final Subdivision Map of Tract No. 34626 and the Improvement Agreement Related Thereto. DD. REQUEST FOR APPROVAL of Parcel Map No. 34911 (Don and Rosalie Rickerd, Applicants). Rec: Waive further reading and adopt Resolution No. 07-36, approving the map of Parcel Map No. 34911. EE. REQUEST FOR APPROVAL of Palm Desert ATHENA Scholarship Award Agreement Between the City of Palm Desert and California State University, San Bernardino (Contract No. C24302). Rec: By Minute Motion, approve the subject agreement between the City of Palm Desert and California State University, San Bernardino, to establish the 2007 Palm Desert ATHENA Scholarship Fund. FF. REQUEST FOR RATIFICATION of City Manager Approval for Purchase of Flatbed Golf Cart and Inflatable Movie Screen. Rec: By Minute Motion, ratify City Manager approval forthe purchase of an outdoor movie screen in the amount of $6,259.00 and a flatbed golf cart in the amount of$9,318.45 —funds are available in FY 2006/07, Account No. 110-4416-414-3061. 9 ��e��' PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 GG. REQUEST FOR APPROVAL of Revised Citizens On Patrol(COPS) Manual. Rec: By Minute Motion, approve the revised COPS Manual. HH. REQUEST FOR AUTHORIZATION to Submit FY 2007/08 City/County Beverage Container Fund Request to the Department of Conservation. Rec: By Minute Motion, authorize: 1) Staff to submit the City/County Fund Request Form for FY 2007/08 to the Department of Conservation in the amount of $13,166; 2) expenditure of said funds towards City Recycling Programs from Account No. 236-4195-454-3090. II. INFORMATIONAL REPORTS: 1. Update on Media Placements and Public Relations Activities Provided by Nancy J. Friedman Public Relations. 2. Report on the City's Participation in the 2007 International Pow Wow Marketplace Convention. 3. Update on Energy Program Activities. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Councilmember Finerty asked that Item II-3 be removed for separate consideration under Section XI, Consent Items Held Over. Councilman Spiegel also removed Item V for separate consideration. Upon motion by Spiegel, second by Ferguson, the remainder of the Consent Calendar was approved as presented by a 5-0 vote of the City Council. XI. CONSENT ITEMS HELD OVER V. REQUEST FOR APPROVAL of the Purchase of Compressed Natural Gas (CNG) Fuel for FY 2007/08. Councilman Spiegel stated staff's recommendation was for the primary vendor to be Clean Energy and for SunLine Services to be the secondary. He preferred for SunLine to be the primary vendor because the City was part owners with them. He was told by a representative of SunLine that they wouldn't charge more than Clean Energy. 10 �� , �...,. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 Mr. Ortega stated he was underthe same understanding and had asked staff to check with SunLine about matching Clean Energy's rate. Councilman Spiegel moved to, by Minute Motion, continue this matterto the meeting of June 28, 2007. Motion was seconded by Ferguson and carried by a 5-0 vote. II. INFORMATIONAL REPORTS: 3. Update on Energy Program Activities. Mr. Ortega introduced Eric Nelson from The Energy Coalition as the facilitating partners for the City's energy program. He said Mr. Nelson was present to provide additional information to the memorandum already submitted. MR. ERIC NELSON with The Energy Coalition located in Irvine, California, stated they were one of the partners in this aggressive and innovative program. The other partners are the City of Palm Desert, Southern California Edison, and Southern California Gas Company. He said this venture was recently approved by the California Public Utilities Commission Program (CPUC) in which the Utilities Commission was making a considerable investment in Palm Desert to obtain a 30% overall reduction in natural gas and electricity usage by the community; thereby, lowering energy bills for businesses and residents in the City. He said the partnership's Executive Committee included Jim Ferguson, Cindy Finerty, and Carlos Ortega and he served on the Working Group along with Pat Conlon and Sheila Gilligan. He said Southern California Edison will invest approximately $65 million over a five-year period into this community. A lot of staff from Senior Management, Program and Project Managers, to Account Managers were invested in this program as well. The Gas Company expects to get CPUC approval in July, yet they have been serving as partners all along. The City's energy program was approved by the CPUC in December 2006, and since then, strategies and operating plans have been developed and put in place with many already launched in the community. He said more activity will be generated throughout the community under the banner of Set To Save, and momentum was expected to build over the next several months due to the aggressive marketing efforts of the program. The goal was to obtain a 30% reduction in electric and natural gas over the five-year period. He offered to answer questions. 11 �"°;, r-�. ,a, . ,.,.,., PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 Councilman Spiegel asked how exactly was Southern California Edison going to spend $65 million. MR. NELSON replied the primary uses of the funds would be spent on marketing by promoting its programs throughout the community and by providing incentives to homeowners and businesses to help lower the cost of various energy efficiency equipment. Councilman Ferguson shared that for every air conditioner that was replaced, whether it was a rebate or early retirement of the unit, it was equivalent to permanently removing 250 vehicles from the highways. Even with the late start of the program, due to some marketing glitches, more than 200 people have participated in the air conditioner program and $238,000 of Edison's money had been spent. He said with this type of participation, the program had permanently removed 4,250 vehicles from the highways in terms of fossil-fuel consumption and pollution. He thought it was a great program, and it was just getting started. XII. RESOLUTIONS 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 and Bob and Marilyn Ford, Applicants). Councilman Ferguson moved to waive further reading and adopt Resolution No. 07-37. Motion was seconded by Finerty. Motion FAILED on a 2-3 vote with Kelly, Benson, and Spiegel voting NO. Mayor Kelly suggested continuing this item to the next meeting to see what could be worked out. Mr. Erwin advised the action needed to be reconsidered because a formal action was taken. Councilman Ferguson asked if the matter could be reconsidered outside of the meeting in which it was considered in the first place. Mr. Erwin replied that in order to reverse the decision under the City's Ordinance, it would need a motion to reconsider at this same meeting. 12 1�"'�,...� � �„� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 Councilman Spiegel moved to reconsiderthe motion to denythe application. Motion was seconded by Ferguson and carried by a 5-0 vote. Councilman Spiegel moved to continue this matter to the meeting of July 12, 2007. Motion was seconded by Ferguson and carried by a 5-0 vote. B. RESOLUTION NO. 07-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE NEW ADJUSTED RATE SCHEDULE OF FEES( EXHIBITS 5A, 5B,AND 5C)FOR THE COLLECTION, RECYCLING,AND DISPOSAL OF MUNICIPAL SOLID WASTE AND RESIDENTIALICOMMERCIAL RECYCLING CONTAINED IN CONTRACT NO. C17230A - SOLID WASTE MANAGEMENT SERVICES (Burrtec Waste & Recycling Services, Franchisee). Mr. Ortega stated staff was recommending approval of the rate increase in accordance with the provisions of the contract and previous Council action. Councilman Ferguson noted that his prior legal representation of Waste Management now known as Burrtec, would be the reason he would not be participating in any discussion or action on this matter. He then recused himself from the Council Chamber. Councilman Spiegel stated he understood the rate increase was included in the subject contract and Burrtec would get 100% of the PPI. Ms. Riddle replied the contract stated 50% of the PPI, and last year Council approved an increase of 100% PPI to offset additional expenses due to the implementation of the Automated Collection Program, and Council requested it be brought back annually for approval. Responding to Councilman Spiegel's question about the cost of the large trash containers, Ms. Riddle replied it was $10.58 per residential and $1.00 for green waste. Upon further question, she said there was no cost for recycle containers, and overall the increase was not a significant amount. Councilman Spiegel moved to waive further reading and adopt Resolution No. 07-38. Motion was seconded by Benson and carried by a 4-0 vote with Ferguson ABSENT. XIII. ORDINANCES For Introduction: NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. 13 ��Y�� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 A. ORDINANCE NO. 1139 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.28.010 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA - CITY COUNCIL SALARIES. Councilman Ferguson moved to waive further reading and pass Ordinance No. 1139 to second reading. Motion was seconded by Spiegel. Mayor Pro Tem Benson stated she would vote no. She said she appreciated a majority rules but felt the increase was out of line. She thought it took the public service out of it being a public servant. She believed in just compensation having started 30 years ago with zero compensation, and worked gradually from $250 to $350, struggling to get a vote for$500. Councilmember Finerty agreed with Mayor Pro Tem Benson's comments. Mayor Kelly called for the vote, and the motion carried by a 3-2 vote with Finerty, and Benson voting NO. Councilman Ferguson requested the second reading be placed on the July 12, 2007 agenda. Mayor Kelly asked if this Ordinance was connected with approval of the budget. Mr. Ortega replied the effective date of the Ordinance would be delayed if the second reading was delayed. For Adoption: A. ORDINANCE NO. 1138 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 25.115 TO TITLE 25 OF THE PALM DESERT MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF PALM DESERT. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1138. Responding to question, Mr. Erwin stated that at the first reading the wording "cooperatives collective" was eliminated from the Ordinance and had been revised to reflect the change. Motion was seconded by Ferguson and carried by a 5-0 vote. XIV. NEW BUSINESS 14 PRELIMINARY MINUTES �� REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE COUNTRY CLUB DRIVE SIDEWALK IMPROVEMENTS ALONG THE FRONTAGE OF PALM DESERT GREENS (CONTRACT NO. C24720A, PROJECT NO. 699-06). Councilman Ferguson noted he would not be participating on this item, because he was in potential litigation with Palm Desert Greens. Councilman Ferguson left the Council Chamber. Mayor Pro Tem Benson thought the sidewalk would add a new dimension to Country Club Drive and was certainly needed. Mayor Pro Tem Benson moved to, by Minute Motion: 1)Award the subject contract in the amount of $259,375 to Contreras Construction Company, Indio, California; 2)approve a 10%contingency for the project in the amount of$25,937.50; 3)authorize the Mayor to execute the subject agreement—funds are currently available for this project in the Sidewalk Account, No. 400-4616-433-4001. Motion was seconded by Finerty and carried by a 4-0 vote with Ferguson ABSENT. With City Council concurrence, New Business Items B, C, D, and E were considered jointly. B. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 1 (CONTRACT NO. C26390, PROJECT NO. 901-07). Councilman Spiegel asked if the contracts were required to go before the vote of the people. Mr. Croy replied they did not. He said the contract agreements were standard cost of living increases, and it was a process the City was required to do annually. Upon further question, he explained the landscaping maintenance contracts were for City-owned property. Councilman Spiegel moved to, by Minute Motion, award the subject contract to Greenscape Landscape, Inc., Temecula, California, in the amount of $61,800 and to include extra work and services at the specified contract amount; authorize the Mayor to execute said contract — funds are available in Account No. 110-4614-453-3320. Motion was seconded by Ferguson and carried by a 5-0 vote. 15 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 2 (CONTRACT NO. C26400, PROJECT NO. 902-07). Councilman Spiegel moved to, by Minute Motion, award the subject contract to Greenscape Landscape, Inc., Temecula, California, in the amount of $91,140 and to include extra work and services at the specified contract amount; authorize the Mayor to execute said contract — funds are available in Account No. 110-4614-453-3320. Motion was seconded by Ferguson and carried by a 5-0 vote. D. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 4 (CONTRACT NO. C26410, PROJECT NO. 904-07). Councilman Spiegel moved to, by Minute Motion, award the subject contract to Sierra Landscape Co., Inc., Palm Desert, California, in the amount of $47,028 and to include extra work and services at the specified contract rate; authorize the Mayor to execute same — funds are available in Account No. 110-4614-453-3370. Motion was seconded by Ferguson and carried by a 5-0 vote. E. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 7 (CONTRACT NO. C26420, PROJECT NO. 907-07. Councilman Spiegel moved to, by Minute Motion: 1) Waive the subcontractor list irregularity; 2) award the subject contract to Greenscape Landscape, Inc., Temecula, California, in the amount of$66,372 and to include extra work and services at the specified contract amount; 3) authorize the Mayor to execute same — funds are available in the respective Landscape and Lighting Assessment District Accounts. Motion was seconded by Ferguson and carried by a 5-0 vote. F. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE CURB, GUTTER, AND SIDEWALK PROGRAM (CONTRACT NO. C26440, PROJECT NO. 753-07). Councilman Spiegel moved to, by Minute Motion, award the subject contract to Contreras Construction Company, Indio, California, in the amount of$198,745;2)approve a 10% contingency for the project in the amount of$19,874.50; 3) authorize the Mayor to execute said contract—funds are available in the Curb and GutterAccount, No. 110-4312- 433-3320, and the Sidewalk Account, No. 400-4616-433-4001. Motion was seconded by Finerty and carried by a 5-0 vote. 16 PRELIMINARY MINUTES ��` `'�� REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 G. REQUEST FOR AWARD OF CONTRACT FOR THE CITYWIDE TREE INVENTORY PROJECT FOR CITY OF PALM DESERT AND THE PALM DESERT HOUSING AUTHORITY (CONTRACT NO. C26600, PROJECT NO. 762-07) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Responding to Councilman/Member Spiegel's question, Landscape Manager Spencer Knight responded the trees needed to be inventoried because it would be difficult to manage if the number was unknown, and currently there wasn't a comprehensive list. Part of the program would be to use global positioning equipment to locate the trees and include them in the software program as part of the City's information system. Staff would be able to keep history on the trees in terms of pruning and what's been done with them. He said trees were now considered an asset to the agency that owned them, so staff planned to make a comprehensive record of that. He said it was also necessary for the City to achieve Tree City USA standing, which the City was moving towards over this year's period. He agreed with Mayor/Chairman Kelly's comment that the City would be able to brag about the amount of trees Palm Desert owned. He said it would also help staff determine if the programs were truly effective. Mayor Pro TemNice Chairman Benson stated she recalled how One Quail Place looked a number of years ago. Councilman/Member Spiegel added that maybe some will need to be cut down. Mr. Knight agreed. He said the inventory will identify those trees that are significant hazards to be dealt with immediately. Mayor/Chairman Kelly requested a copy of the result because he was interested in knowing how many and what type of trees there are. Mr. Knight agreed to provide a copy. Councilman/Member Spiegel moved to, by Minute Motion: 1) Award the subject contract for the Citywide Tree Inventory to Davey Resource Group, Santa Margarita, California, in the total amount of $33,440 (City: $25,080; Housing Authority: $8,360); 2) authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $3,344 (City: $2,508; Housing Authority: $836); 3) authorize the Director of Finance to appropriate $8,360 of the total contract amount to the respective Housing Authority Landscape Maintenance Budget line items, plus set aside $836 of the total contingency to the respective Housing Authority Landscape Maintenance Budget; 4) authorize the Mayor to execute said contract — City funds are available in the respective City and Assessment District Accounts and Assessment District Fund 200 Accounts. Motion was seconded by Finerty and carried by a 5-0 vote. 17 jl '\� � w�.NM!;.i/ �� , � � �i �+�...: c '�:.n ;.c: L PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 H. 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). Councilman Ferguson asked how was the City spending $200,000 verifying sidewalks in Palm Desert. He said he was sort of against spending $25,000 to count trees. Engineer Manager John Garcia stated this contract would address two issues, liability and inventory of the City's sidewalks. Knowing the conditions of the sidewalks will help meet compliance with the Americans with Disabilities Act(ADA)standards. The information would be gathered in order for the City to establish an implementation plan and determine the cost involved to comply with ADA standards throughout the City. The automated camera equipment with patrolling vehicles was cheaper, but with the inventory study, staff would be able to determine how much striping, red curb, and catch basins there was in the City. The mobile data acquisition vehicle (van) are equipped with cameras that will have actual data showing their location through video. He said it will also inventory signs and their condition. Councilman Ferguson stated the staff report noted there were 12 bids, but their bidding price was not listed. He wondered if Harris & Associates was the most responsible bidder or was it the lowest proposal. Mr. Garcia replied the contract was considered professional services and it was competitive. He said proposals were received and staff selected one. Upon further question, he replied staff only negotiated a price with the one selected. Mayor Kelly stated he's traveled around the City and noticed small empty sections with no sidewalk. He said it was agreed some time ago, the City would fill those section with a sidewalk. He asked if the inventory would indicate which sections were advisable to prioritize for a sidewalk. Mr. Garcia agreed, because in some mitigation cases a right away was required and justification was needed as to why there wasn't one at that location. He added the inventory would be tied in with the City's GIS data. Councilman Spiegel stated he understood the City didn't have to take the highest or lowest bidder, but three of the companies are located in Palm Desert and the one selected was from Irvine. He said it didn't make sense and thought it was wrong. 18 �F ��'.1 d1A rf��.- PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 In response to Councilman Ferguson's questions about why established and local Palm Desert firms Stantec or RBF weren't being recommended for the contract, Mr. Garcia explained that even those local companies would have to obtain this specialized service from someone outside the area. Councilman Ferguson agreed with Councilman Spiegel's comment. He thought the price was bad enough, but to out source it didn't make sense. Mayor Kelly stated he wondered about it too. Councilmember Finerty stated if staff went out to check City sidewalks for compliance with ADA, staff must know where traffic signs are, and where to stripe, since they were out there doing it. Mr. Garcia responded that staff had an idea, but it was not documented. He said if the City went out for bids for striping the entire City, they would not have a good quantity. He said the study would provide that information, including how many signs there were in the City and their condition. Councilman Spiegel suggested continuing the item and suggested that staff take a second look at the potential Palm Desert businesses that could do this work. If staff found that the local firms were not as qualified as the company from Irvine, he would go along with it. Councilman Ferguson requested the report also include the reason why sidewalks needed to be on GIS. He said it wasn't like a canopy or tree that got bigger and it could be showed off. Mr. Garcia agreed to return in a month with the information. Councilman Spiegel moved to continue this item to the meeting of July 12, 2007, Motion was seconded by Ferguson and carried by a 5-0 vote. I. REQUEST FOR APPROVAL OF A HOUSING AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND SINATRA AND COOK PROJECT, LLC, Case No. C/Z 06-02 (Sinatra and Cook, LLC, Applicant). Housing AuthorityAdministratorJanet Moore stated this item was a condition of approval for the project The Vineyards that Council approved in September 2006. It required that an affordable housing agreement be placed upon the development for the purposes of them providing the City with 52 units. Council approval would effectuate that requirement. Councilman Spiegel moved to, by Minute Motion: 1)Approve a Housing Agreement, in accordance with the conditions of approval of the Sinatra and Cook Project, LLC, also known as "The Vineyards," by Resolution No. 06-128, by and between the City of Palm Desert and Sinatra and Cook Project, LLC, substantially as to form; 2) authorize the City 19 ��' �. �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 Manager or his designee to finalize the agreement and execute all necessary documents to facilitate the agreement. Motion was seconded by Finerty and carried by a 5-0 vote. J. REQUEST FOR APPROVAL OF THREE PROFESSIONAL SERVICES AGREEMENTS FOR BUILDING PLAN REVIEW SERVICES FOR THE CITY OF PALM DESERT, FISCAL YEAR 2007/08. Councilman Ferguson moved to, by Minute Motion, approve the following contracts for Plan Review Services in FY 2007/08 and authorize the Mayor to execute same, each in an amount not to exceed $110,000: 1) Contract No. C26620A with EsGil Corporation, San Diego, California; 2) Contract No. C26620B with Scott Fazekas &Associates, Irvine, California; 3)Contract No. C26620C with Bureau Veritas North America, Inc., Pleasanton, California — funds are available in the FY 2007/08 Budget, Account No. 110-4420-422-3010. Responding to why new vendors were being brought in and why they were all from out of town, Mr. Hamidzadeh replied the City did not have any consulting firms that applied that were located in Palm Desert, except for one. In the last few years the City worked with two of the firms, EsGil Corporation, which the City will continue doing business with. The other firm was California Code Check from Thousand Oaks, but due to a variety of reasons, staff will discontinue our services with them. He said numerous proposals were received, and staff interviewed five companies that were qualified. One of the firms selected was Bureau Veritas because it had a local office in Palm Desert. The remaining firms were not as close to our City. Upon further question, he replied that consultants basically mailed and shipped their plans to the City's consultant's and went back and forth until it got final approval. Motion was seconded by Spiegel and it carried by a 5-0 vote. K. REQUEST FOR EXTENSION OF CONTRACT FOR RESIDENTIAL AND COMMERCIAL STREET SWEEPING SERVICES (CONTRACT NO. C22563). Councilman Spiegel moved to, by Minute Motion: 1)Approve a one-year extension to the subject contract with CleanStreet, Gardena, California, at the rate of $29.16/curb mile; 2) authorize the Mayor to execute same — funds are available in the FY 2007/08 Budget,Account No. 110-4310-433-3320. Motion was seconded by Ferguson and carried by a 5-0 vote. 20 ��: �� E � � .. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 L. REQUEST FOR APPROVAL OF PAYMENT TO RIVERSIDE COUNTY SHERIFF'S DEPARTMENT FOR A SPECIAL EVENT. Councilman Spiegel asked if staff tried to get funds from the Federal Government to pay the $320,000 bill from the Police Department for President Ford's funeral. He believed the Police Department was justified in the money they receive, but he felt the Federal Government should pay for part of the bill. Mr. Ortega stated he would need to speak to Captain Thetford to see what had been done. Councilman Ferguson asked if the County Sheriff Department was asking the City to bear the cost because the funeral was at St. MargareYs Church. Mr. Ortega replied the Sheriff's Department beared their own cost for those events that happened in the County, and Indian Wells and Rancho Mirage were also billed for their portion. Palm Desert was not bearing the whole cost. Captain Thetford stated a portion of the cost was attributed to services in the City of Palm Desert. He said there were multiple venues at the McCallum Theatre, the Church, and a portion of the bus and transportation back and forth. He noted Rancho Mirage and Indian Wells were charged for their portion of the cost as well. He reminded Council that at the briefing he explained that one of the potential scenarios was the event could be designated National Special Security, but that it was not a definite. He made it clear to Council that even with the designation, based on their findings of the Reagan event, reimbursement was questionable because Semi Valley was still seeking reimbursement. The Secret Service chose not to designate Gerald Ford's venue as a National Specia!Security and decided to make the event in Washington, D.C. Effectively, leaving the event in the hands of the Sheriff's Department. As the City's Chief of Police at that time, it was his responsibility to make sure this event came off with the dignity that it so deserved and to make the City look as professional as it is. He said the City was being charged for only those services that occurred in Palm Desert. He added that the Sheriff Department minimized the cost down by charging the special deputy rate as opposed to the full rate, which lowered the bill significantly. Councilman Spiegel asked if representatives in Washington, D.C., Mayor Bono, Senator Boxer, and Senator Feinstein asked to help payforthis bill. 21 � �L<�* �.r' ! ` PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 Councilman Ferguson stated the Sheriff's Department was asking for reimbursement for expenses already made and wondered if they had already requested reimbursement for Federal funds for a Federal funeral from Washington D.C. Captain Thetford replied he personally did not nor did he believe the Sheriff's Administration did either. He said there was discussion over contacting Washington, but it was unclear as to which person or portion of the Federal Government to approach. He said the Department was supporting the Secret Service, but with or without their operation, the Police Department was still responsible for the citizens and traffic flow in the City. The event was approached like any other major event, disaster, or earthquake, where the City would pay for the services rendered and needed. He pointed out the bill had been thoroughly scrutinized by him because he was representing his Cities, which the City Manager could attest to. He said he found some flaws in the bill and some charges were cut because there was not a clear understanding of what was actually done. Councilmember Finerty stated Council knew that when President Ford died the City would bear some responsibility and it had a plan. She believed the plan was executed flawlessly. She questioned the City Manager if paying the Sheriff's Department wages part of the plan. Mr. Ortega replied staff knew ahead of time the City would be involved, but the expectation was that the City would get reimbursed because it was a Federal event. Due to decisions made as to how money was going to be made available, the City will not be reimbursed. It didn't mean the City couldn't pursue reimbursement. Councilman Ferguson stated it seemed the Sheriff's Department made no attempts to seek reimbursement of Federal funds and came to Palm Desert to pay for it. He said President Ford's passing was monumental to all, but he still felt a President for life should be funded by Federal funds, and the Sheriff's Department should have at least made a request. Councilman Spiegel agreed and stated it wasn't the only cost encumbered by the City. He said employee were off work for two or three days and were paid full time. Mr. Ortega agreed. He said some overtime cost was also absorbed by the City. Councilman Spiegel requested that staff seek reimbursement from the Federal Government. Councilman Ferguson agreed. 22 ��ti:�� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 Mayor Pro Tem Benson noticed that in the back page of the staff report, the Perris and Moreno Valley stations were included in Palm Desert's bill and she didn't think they should be included. Captain Thetford explained that staff was pooled from other stations in the County to help work in the City of Palm Desert. The list was an outline of all the support that was pulled in. Councilmember Finerty stated Council talked a lot about marketing the City and spent thousands of dollars on an Art & Food and Wine Festival. She said it seemed this event brought a lot of marketing to the City and showed how well the City was run and how the plan was executed flawlessly. She suspected it would cost more than $320,000, if the City had paid to promote the City in this way. Responding to Councilman Ferguson's question about requesting reimbursement from the Federal Government, Captain Thetford replied that he had worked closely with the Secret Service preparing for the event up until it happened. Unfortunately, they pulled their resources elsewhere. He said he had discussions with the local Secret Service Managerto explain the cost incurred and the concern it caused to the Cities, but it didn't seem likely the Secret Service would turn around and reimburse. The other avenue he planned to pursue was the Military District of Washington, the ceremonial group that utilized the Civic Center Complex. Councilman Ferguson encouraged Captain Thetford to pursue that avenue. He said a dead president was not way to market a City. He said Gerald Ford was an honored and revered President who had a home in Rancho Mirage, attended church at St. Margaret's, but it was not how you marketed a City and thought the two had no correlation. He said it was not about the money, because certainly Palm Desert could afford it. It was about principal and believed the Federal Government should pay for the expense. Captain Thetford agreed to follow-up with a formal request. Councilman Spiegel suggested continuing the matter. Mayor Kelly agreed it was about principal. He thought the City probably spent more by closing City Hall and it had not pursued reimbursement, yet the City was asking the Sheriff's to do so. His other observation was that President Ford lived in our community and recalled all the major contributions to the community, not just money but his time. He took the time to be at the opening of the City's golf course; he appeared and played on opening day. He believed the City would just have to pay the bill because it wouldn't get nowhere trying to collect. 23 �� '� . . PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 Mayor Pro Tem Benson agreed, and suggested writing a letter to Washington expressing the concern and the City's suggestion for another way to do this in the future. She also believed President Ford contributed immensely to all the cities in the Coachella Valley and thought it was a personal asset that he lived here. She recommended the City pay the bill and then see what could be done about reimbursement. Councilmember Finerty moved to, by Minute Motion, approve payment of Invoice No. SH0000007248 for law enforcement services at a special event, the Gerald R. Ford Funeral. Motion was seconded by Benson. Councilman Ferguson stated he agreed with Mayor Kelly and Mayor Pro Tem Benson, and it was not an issue about Ford's accomplishments, because the City helped him out by contributing $5 million to the McCallum Theatre. He said President Ford was a great man, a great person, and believed all loved him, and it made no sense treading over that. However, he believed the City of Palm Desert did more than its share by converting the City Hall to a Media Center. The City's shops were impacted and bore the burden of the event and for the Sheriff Department to unilaterally add $320,000 without even checking with the Military or the Secret Service, was not doing their due diligence. It was nothing against President Ford. Captain Thetford responded that due diligence was done. He said the Department worked with the Secret Service and Council was briefed on the plan. The idea of providing a dollar value ahead of time on an event that was never handled before, was not possible. He said prior to the event Council was briefed and discussed the fact that the scenario included a cost and burden to the City. He also shared at that time, that Semi Valley who handled President Reagan's event had pursued Federal reimbursement and got nowhere, even with the National Special Security designation. It was not that no inquiry was made, because the Secret Service was standing beside the Sheriff's Department until the event occurred, leaving the Department to handle it alone. He understood Councilman Ferguson's concern and respected his comments. He went on to say the Sheriff's Administration labored a lot of time on how this bill was actually going to be charged out. It was not arbitrarily given to the Cities. In fact, a brand new data base was installed to create a billing system for an event that had never been handled before. He said there was thought behind the billing in an attempt to minimize the cost. Councilman Spiegel stated it was not a criticism of the Sheriff's Department but of the Federal Government walking away from their responsibility. He thought every avenue should be explored before Council agreed to pay it. 24 �..,,. ...... p� ,r... ,.. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 Councilman Ferguson asked Captain Thetford if he had gone down every avenue. Captain Thetford replied he's tested the waters and was fairly confident they would get nowhere. He said he would be more than happy to formally pursue reimbursement from the Secret Service or the Military District of Washington, together with the City or individually through his Department. He said the Coachella Valley was a playground to the Presidents and dignitaries came all the time, and the Police Department represented the City well by providing services and making sure nothing happened. He said the Department was seeking reimbursement from its Cities because that's who they represent, which was the thought behind the bill. Councilman Ferguson stated he respected and trusted Captain Thetford and would rely on his statements. He said he would vote yes. Mayor Kelly called for the vote and it carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF WESTFIELD BUS SHELTER DESIGNS. Councilman Spiegel moved to, by Minute Motion, requested this item be continued to the meeting of July 12, 2007. Responding to question, Councilman Spiegel stated the reason for the continuance was because at a meeting with SunLine they wished to consider other things like drinking fountains and will return with their findings. Motion was seconded by Ferguson and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 6 TO CONTRACT NO. C22870B — CONSTRUCTION OF THE WHITEWATER BRIDGE AT PORTOLA AVENUE (PROJECT NO. 647-04). Councilman Spiegel asked when was the bridge expected to open. Engineer Manager John Garcia replied that 780 cubic yards of concrete was poured this day, and the bridge was expected to open by the end of July. 25 '�y"""^ ""p,.. A� �...tia m..q PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 Councilmember Finerty moved to, by Minute Motion,approve: 1)Change Order No. 6 in an amount not to exceed $391,879 to the subject contract with Granite Construction Company, Indio, California, for addition and deletion of work required for the subject construction project; 2) transfer of $391,879 from contingency to base for the subject Change Order and authorize the Mayor to execute same. Motion was seconded by Kelly and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF AMENDMENT NO. 4 TO CONTRACT NO. C22300—DESIGN OF PORTOLA AVENUE, COUNTRY CLUB DRIVE, COOK STREET, AND MONTEREY AVENUE STORM DRAIN AND TRAFFIC SIGNAL IMPROVEMENTS (PROJECT NO. 601-05). Councilmember Finerty moved to, by Minute Motion, approve Amendment No. 4 in the amount of$117,463 to the subject contract with Harris&Associates, Irvine, California, to expand the scope of work to include design of roadway pavement rehabilitation, a new sound wall, and phasing of the project into two separate construction document packages for the Cook Street Widening, and authorize the Mayor to execute same — funds are available in Account No. 213-4385-433-4001. Motion was seconded by Benson and carried by a 5-0 vote. D. REQUEST FOR AUTHORIZATION TO EXECUTE AGREEMENTS FOR RELINQUISHMENT OF HIGHWAYS 111 AND 74. Responding to question about when the relinquishment would occur, Mr. Greenwood replied it could occur as early as September. Councilman Spiegel stated at one time Palm Desert's entrance sign coming down Highway 74 was located before the Visitor's Center and now it was located after. He wondered if Palm Desert took up more land. Mr. Greenwood replied the City purchased land south of the Visitor's Center; however, it had not been annexed. He said the city limit remained the same, south of the Visitor Center building and parking lot. Further responding, he stated the sign was installed in the nearest location where it physically fit to the actual city limit line. Councilman Spiegel asked if the street name was going to be changed from Highway 74 to Monterey once the City took over the highway. Mr. Greenwood replied it was not part of staff's plan. Councilman Ferguson stated he was interested in finding out if the residents on Highway 111 would like that section renamed, because having a state 26 �w. � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 highway address and suite number was appealing from a businessman's point of view as perhaps North Palm Canyon or East Palm Canyon Mr. Greenwood replied the City's taking overjurisdiction could be concluded in September and that would be a good time to start a public outreach discussion. Councilman Ferguson thought because of the timing of the City's newsletter, he thought Council might want to consider polling the residents to see if they were in favor of renaming the highway. Mayor Kelly stated that was a separate issue, and Council needed to move ahead on this item or the City could lose the money. He complimented staff for obtaining an additional $1.5 million from Caltrans. Councilman Spiegel moved to, by Minute Motion: 1) Receive preliminary relinquishment stipend estimates from Caltrans; 2)authorize staffto negotiate final stipend amounts; 3) authorize the Mayor to execute the necessary agreement(s) for the relinquishment of Highway 111 and Highway 74 to the City of Palm Desert (Contract No. C26640); 4) Initiate means for obtaining resident input on renaming the Highways. Councilmember Finerty seconded the motion and added she had attended the San Jacinto/Santa Rosa Advisory Committee and mentioned the Citywas working with Caltrans regarding Highway 74. Their committee requested that Palm Desert work with Caltrans in providing a more fitting "Welcome" sign for the Vista Point area along Highway 74. Mayor Kelly called for the vote and it carried by a 5-0 vote. XVII. PUBLIC HEARINGS A. REQUEST FOR CITY COUNCIL REVIEW OF A PLANNING COMMISSION DECISION TO APPROVE AN AMENDMENT TO ADJUST PAD HEIGHTS BY MORE THAN SIX INCHES FORA 141-RESIDENTIAL LOTTENTATIVE TRACT MAP LOCATED ON THE SOUTH SIDE OF GERALD FORD DRIVE EAST OF THE FUTURE PACIFIC AVENUE, 36-200 PACIFIC AVENUE, Case No. TT 34057 Amendment 1 (Palm Desert Funding Company, LP, Applicant). Principal Planner Tony Bagato displayed an exhibit of The Vineyards 265 unit apartments on Cook Street and Frank Sinatra Drive. He noted the Housing Agreementwas approved earfierthis evening. He said 80,000 cubic yards of soil was being moved to bring down the pad heights of the apartments to be in compliance with the approved map. There were two options with what to do with the soil. One was to remove it to a remote location off site, outside the City, which estimated to be a minimum of 4,000 27 � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 truck trips. The other option was, after talking to Hover Development who was working on University Village, was to move the dirt to their site and having them absorb it along Gerald Ford Drive, Pacific Avenue, and College Drive. However, that would increase and decrease the pad height by more than six inches. Therefore, the applicant was requesting approval of an amendment to adjust pad height elevations by more than six inches for Tentative Tract Map 34507, along Gerald Ford Drive. He noted the Planning Commission approved the plan on a 4-1 vote, with Commissioner Limont voting NO. Commissioner Limont was opposed to having the height raised. He explained in detail the color-coded diagram that was in Council's packet, which provided information on the height of the pads and street elevations. He also noted that Commissioner Tschopp was concerned with the slopes in the original proposal because there was a 50-foot drop from College Drive to Gerald Ford Drive and required a lot of retaining walls that took much of the property owners yard. Overall this amendment would reduce the street slopes and will also affect the landscape slopes along Gerald Ford Drive that are currently approved at 2-1, and even steeper for those properties that are 12 feet above the curb. Public Works indicated that 2-1 slopes can be difficult to maintain and can fail. The new design will make the landscaping slopes 3-1, but will remain 2-1 slope with the higher lots along Gerald Ford Drive. He noted this item was called up for review. He stated staff affirmed the Planning Commission decision for the amendment to adjust pad heights to the property. Responding to question regarding the zoning area north of Gerald Ford Drive, Mr. Bagato replied it was currently zoned Planned Community Development. The General Plan had it designated as Mix Use/Commercial. Responding to question about the total height of The Vineyards, Mr. Bagato replied it was approved two-story apartments, 24 feet high with pads approved six feet above College Drive. The new plan showed them about 14 feet higher than the street, which was the reason the dirt was being removed. Councilmember Finerty stated the reason she called this item, was because she was told the majority of the pads would be increased about 5 to 7 feet in height. She said with so much dirt being removed, causing an impact with regards to height in the pink color-coded areas as shown in the exhibit, she thought it was best that Council take a look. Mayor Kelly declared the public hearing open and invited anyone who wished to come forward to speak on this item, to do so at this time. 28 i��,. '•,i � ,,.•.,. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 MR. MARK SMITH, representing the Applicant, from Laguna Nigel, California, stated that in the initial design of the tentative tract map, they didn't have the dirt necessary to grade it up the way it really needed to be. When they were approached by The Vineyards, they saw an opportunity. They started the final engineering and they were able to change the 2-1 landscaping slopes to 3-1, making it a better plan on Gerald Ford Drive, and also allowed about 1,000 linear feet of a six-foot retaining wall to be removed from the site. There are about 30+ homeowners that won't have a six-foot retaining wall or a slope. They believe the impact will be positive, and was one of those few situations, where it was a win-win for the homeowners, the City, and the developer. Responding to Councilmember Finerty's request for assurance that the retention basin would not impact the ball field, Mr. Smith replied that he met with staff and Parks & Recreation Commission and reviewed this plan. He said this plan raised the restroom, tot lot, water feature, basketball and volleyball Court out of the retention basin and would be better for the park. With no further testimony offered, Mayor Kelly declared the public hearing closed. Councilman Ferguson moved to waive further reading and adopt Resolution No. 07-39, affirming the action of the Planning Commission and approving an amendment to adjust pad heights by more than six inches for Tentative Tract Map 34057. Motion was seconded by Spiegel and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT AND THE LEVYAND COLLECTION OF ANNUAL ASSESSMENTS WITHIN THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2007/08. Mr. Ortega stated that before property owners are levied, the City was required to hold a public hearing before sending it to the County. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 07-40, amending or approving the Final Engineer's Report for the Consolidated Palm Desert Landscaping and Lighting District for FY 2007/08; 2)Resolution No.07-41,ordering the levy and collection of assessments within the Consolidated Palm Desert Landscaping and Lighting District for FY 2007/08. Motion was seconded by Ferguson and carried by a 5-0 vote. 29 �. .� y • PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 C. REQUEST FOR APPROVAL OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING REPORT. Mr. Ortega noted this item was related to receiving Community Development Block Grants and the City was required to make certain reports available for public review and comment. Councilman Spiegel complimented Ms. Riddle for a job well done. Mayor Kelly declared the public hearing open and invited anyone who wished to come forward to speak on this item, to do so at this time. With no testimony offered, he declared the public hearing closed. Councilman Ferguson moved to, by Minute Motion: 1) Approve the Community Development Block Grant Analysis of Impediments to Fair Housing Report; 2) authorize staff to submit the Report to the U. S. Department of Housing & Urban Development (HUD). Councilman Ferguson agreed that Ms. Riddle did a great job and every year it was done with such efficiency that it required no discussion. Councilman Spiegel seconded the motion and it carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Request for Apqroval of City Mission Statement. Mr. Ortega introduced Assistant to the City Manager Steve Aryan to provide a presentation on the City's Mission Statement. Mr. Aryan shared that the City through its succession plan had invested heavily in the leadership development of its employees. The recent graduates of the City's Leadership Program called LEEDS comprised of employees, many of whom were present, met with the City Manager and requested to undertake the creation of the Mission Statement. Many didn't know if there was even one in existence, and felt it was an important endeavor to undertake. The results of this collaboration, which was a true bottom-up approach, was a Mission Statement document before Council. Staff respectfully requested approval of the document. Councilman Spiegel thought it was excellent. He said he was glad it was done and appreciated the people that worked on it. He 30 '�l`'.` _, r PRElIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 referenced the first statement "as steward of the City of Palm Desert, we work with the community to sustain an unparalleled quality of life." To him the word "unparalleled" meant no equal, and he couldn't say there was no other City in California that wasn't equal to Palm Desert. He said it was too strong of a word for him to prove and thought "exceptional" or something along those lines, was preferable. Mr. Aryan agreed to make the change if Council desired. Mayor Kelly stated he was reluctant to make changes after all the work that went into it. Councilmember Finerty stated she liked the word "unparalleled" and would like to hold Palm Desert and quality of life in that category. Mr. Ortega pointed out a mission statement was something one strived for, and it would be good to strive for an unparalleled quality of life. Responding to question about where it would be used, Mr. Aryan replied the group envisioned the mission statement to be on the City's website, budget document, and distributed to all the employees. Mayor Kelly thought it was great, and the fact that it was created by employees, made it even more special. He complimented the group and hoped it would be used every opportunity possible. Councilman Spiegel stated he would vote no because of the one word, but he still believed it was a great idea and glad it was done. Councilmember Finerty moved to, by Minute Motion, approve as presented. Motion was seconded by Ferguson. Councilman Ferguson commended the group for a job well done, but he too would vote against it. He said the City always took a low-key approach about patting itself on the back, and it was obvious to most cities that Palm Desert did the finest job in the Valley, but he was also uncomfortable with the word "unparalleled." Mayor Kelly called for the vote and it carried by a 3-2 vote with Spiegel and Ferguson voting NO. 31 i�`°gi'-'"'ue� es. 4�..a,*N f" PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 2. Consideration of Request from California State University, San Bernardino, Palm Desert Campus (Cal State). Mr. Ortega recalled for the City Council that it signed an agreement to provide a substantial amount of money to Cal State for the construction of its next campus building. He said they have now gone out to bid but indicate that the facility may not include all the amenities proposed initially. Additionafly, the City requested that Cal State complete a portion of the ring road, which they would like to do but are unable due to a lack of funds. The City also has some issues with location of a fire station on the site, and Cal State has indicated they would like approval for some signs, even though they believe the City does not have authority; however, he felt the City did. Therefore, he would like to schedule a Study Session with Cal State representatives in order to address those major issues. In answer to question about having the University Planning Committee meet, he offered to schedule such a meeting; however, that would include University of California, Riverside (UCR), representatives, but the aforementioned issues were specific to Cal State. With regard to the view corridor issue that involved both Cal State and UCR, they could be invited for that purpose, but he was most concerned with seeing the building to be constructed with the City's donation. Councilman Ferguson commented he'd seen renderings of the project at the recent Nursing School Graduation ceremony and felt it appeared to dwarf all the rest in terms of design, location, and architecture; it was spectacular. With City Council concurrence, staff was directed to schedule such a Study Session on July 12, 2007, prior to the City Council Meeting that day. B. CITY ATTORNEY None C. CITY CLERK 1. Reminder of City Council Study Session Regarding the Palm Desert High School Renovation, Thursday, June 28, 2007, at 2:30 p.m. Mrs. Klassen called attention to the reminder. 32 �.:., .:, .�. . PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 D. PUBLlC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Fiscal Year2007/08 Budqet—Councilman Ferguson said while reviewing his notes from the June 1 Budget Study Session, he'd forgotten to ask for inclusion of an additional $200,000 for the City's stand-alone marketing effort. He asked for his colleagues' concurrence that this be included in the Budget that will be adopted at the June 28, 2007, Meeting, where he will be absent. He felt it was a good program the City had undertaken, it has shown significant gain and should be enhanced in the coming year. City Councilmembers concurred that the additional $200,000 expenditure for marketing be included in the proposed FY 2007/08 Budget to be adopted June 28, 2007. Councilman Ferguson also asked staff to ensure that the Out-of-State Travel authorization for next year include two members of the City Council being authorized to attend the International Conference of Shopping Centers (ICSC) in Las Vegas, Nevada. 2. Water Fountains—Councilman Ferguson said in taking recent walks along Haystack and Portola,the small doggie, children's, and adult fountains in that area were not working and asked staff to tend to them. 3. Country Club Drive Pavement — Councilman Spiegel commented that Country Club Drive east of Portola Avenue was in poor condition in both directions and needed repair. He asked staff to review that situation and remedy it in the coming fiscal year. 33 ±�»; .. . �. ,, , PRELIMINARY MINUTES REGULAR PALM DESERT ClTY COUNCIL MEETING JUNE 14, 2007 o City Council Committee Reports: 1. Parks&Recreation Commission-Councilman Spiegel said the Commission was in the process of making recommendations for renovating the center stage in Civic Center Park. He realized his colleagues had some concerns about project scope, and he suggested appointment of a City Council subcommittee to work with the Commission on this project. He was aware that Mayor Pro Tem Benson was previously involved when the sculptured tree was being proposed and felt she should continue, and he also recommended that Councilman Ferguson participate. With City Council concurrence, Mayor Pro Tem Benson and Councilman Ferguson were appointed to work with the Parks & Recreation Commission on the Civic Center Amphitheater Project. o City Council Comments: 1. Mayor Pro Tem Benson thanked The Desert Sun for the compliments given the City of Palm Desert in today's newspaper editorial and appreciated the recognition for being a well run city. 2. Councilman Ferguson also noted the aforementioned editorial, acknowledging staff, community and City Committee and Commission Members, who deserved credit for carrying out the policy direction given by City Council. Councilman Spiegel wholeheartedly agreed. 3. Freedom Park - Mayor Kelly commented about the grand opening last Saturday, believing it was an unparalleled facility. He said the ceremonies, including flyover, were tremendous. 4. U.S. Conference of Mayors' Climate Protection Award - Mayor Kelly reported that City staff recently submitted an application forthis recognition. Palm Desert was notified it was one of five finalists in the competition, with the winner scheduled to be announced on June 23. He said even if the City didn't win, it was an honor to be named one of the finalists for its submission featuring the Visitor Center and its Green Building designation. 34 �,�. . PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2007 XIX. ADJOURNMENT With City Council concurrence, Mayor Kelly adjourned the meeting at 5:55 p.m. RICHARD S. KELLY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 35