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Home My WebLink AboutPRELIM - CC 02/22/07 FT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 22, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:00 p.m. II. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Counciiman 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 Amir Hamidzadeh, Director of Building & Safety Steve Smith, Acting Director of Community Development Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Doug Van Gelder, Director of Information Systems David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs John Garcia, Engineering Manager 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 Q�� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 IV. ADJOURN TO CLOSED SESSION Rec�uest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APNs 653-740-001/002/003; 653-370-004/018/028/029/030 Negotiating Parties: Agency: Justin McCarthy/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Carlos L. Ortega/City of Palm Desert; County of Riverside Under Negotiation: x Price x Terms of Payment 2) Property: 8.26 acres, Gerald Ford Drive - between Cook Street & Frank Sinatra Drive Negotiating Parties: Agency: Carlos L. Ortega/Stephen Y. Aryan/City of Palm Desert Property Owner: Sam P. Spinello/SG&H Partners, LP Under Negotiation: x Price x Terms of Payment Mr. Erwin asked City Council's consideration of adding an item of property negotiation to the agenda for Closed Session, pursuant to Government Code Section 54956.8. Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, Property Negotiation Item No. 3 was added to the agenda. 3) Property: Park Lands in the University Park Development Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Palm Desert Funding, LLP 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. INC 053903 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 2 �� r. ..r., PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 Public Employment pursuant to Government Code Section 54957: Title of Position: City Attorney Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, Mayor Kelly adjourned the meeting to Closed Session at 3:01 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 - Councilman Jim Ferguson Vtl. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS - B MR. PETER RITTENHOUSE, Executive Director of the Joslyn Senior Center, Palm Desert, came forward to thank City Council and City staff, especially Pat Scully and the two students in charge of the Committee, for the wonderful job done by the Palm Desert Youth Committee on an inter-generational event, the Junior-Senior Prom on February 3. On behalf of the Board and Staff of the Joslyn Senior Center, he presented the Youth Committee with an engraved plaque, expressing deep appreciation for their organizing and hosting the event, which he said was an exceptional one with the 16-20 kids interacting with 200 seniors. MR.ANDREW MORGEN, La Quinta, CA, addressed the City Council about effects of the Iraq War on local communities, depleting resources and taking employees away to serve there. He asked if there was anything that could be done by the City Council to help mitigate that situation. MS. SANDRA STONE, Palm Desert, CA, encouraged the City Council to adopt a resolution in support of SB 1 (Migden), which opposed the escalation of troops in the Iraq War. She noted an article in today's newspaper, reporting that finro Marines from Twentynine Palms were killed—a local and immediate impact. Additionally, there was a series of letters from Palm Desert students who had gone to Martha's Village & Kitchen to deal with homeless people, a large number of which are veterans suffering from post-traumatic stress disorder. Therefore, she emphasized that it was, indeed, a local issue and hoped City Council would consider the resolution. 3 _ _ �S � ,... PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 MS. GALE BROEKER, Palm Desert, CA, read a resolution proposed by the Palm Desert Greens Democratic Club to stop the funding of the Iraq War. She provided copies of it for the City Council, it was received for the record and is now on file with the City Clerk's Office. MR. TRACY TURNER, Palm Springs, CA, opposed the Iraq War and provided comments by Scott Ritter, Chief United Nations Weapons Inspector in Iraq, 1991- 1998, including his claims that Iraq had effectively been disarmed, which were ignored by both the administration and mainstream media. He said in the wake of the debacle, Mr. Ritter had been vindicated for his previous comments. He also read excerpts from Mr. Ritter's book, as well as one by Janet Karpinsky. MR. CHARLES AUTTERSON, Chaparral Country Club, Palm Desert, CA, requested City Council's attention to Coachella Valley Water District's removal of mature plant material that screened the border of Palm Desert Mobile Estates (PDME). He said the disarray in the storage lot there, containing vehicles, recreational vehicles, and boats, both operable and inoperable and all now highly visible, was unacceptable. Additionally, removal of those trees allowed light spillover from the recreational areas at the Civic Center and College of the Desert and was having a negative impact on the southernmost street in Chaparral Country Club. He noted the trees were removed without any notice to Chaparral Country Club, which includes 625 homes, devaluing those properties by as much as $50,000, along with diminishing their marketabi{ity. He would appreciate anything the City Council could do to alleviate this issue. MR. BILL SCHUMACHER, Chaparral Country Club, Palm Desert, CA, also expressed concern for the blighted area that was exposed after removal of the trees along the border of PDME. He noted that the existing zoning there was R-1-M for a mobile home park, and such facilities included storage areas. He suggested a zone change for that area with a conditional use permit that would require the PDME storage yard be cleaned up. He agreed that this issue was a detriment to home values and a real irritant to residents of Chaparral Country Club. Therefore, he asked City Council and City staff to help resolve the issue and eliminate this blighted condition in Palm Desert. Mayor Kelly assured Messrs. Autterson and Schumacher that the City and its staff were already working on the matter. 4 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE HEATHER SACRE FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS EL PASEO BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS. Ms. Sacre was unable to be at the meeting to receive the presentation of an engraved crystal clock in appreciation for her time on the El Paseo Business Improvement District Board of Directors. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 8, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 164, 165, and 169. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meeting of January 16, 2007. 2. Youth Committee Meeting of January 2, 2007. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by A Ocha Corporation for Le Basil Restaurant, 72-695 Highway 111, #A-10, Palm Desert. Rec: Receive and file. E. REQUEST FOR APPROVAL of a Contribution to the County Engineers Association of California(CEAC)Statewide Local Streets and Roads Needs Assessment Study. Rec: By Minute Motion, appropriate up to $5,000 from the Unobligated General Fund balance to contribute to the CEAC and League of California Cities' Statewide Local Streets and Roads Needs Assessment Study. 5 ��/"�� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 F. REQUEST FOR APPROVAL of a Letter from the Mayor to State Legislators, Requesting Change on the Time of Use Meter Requirements for AIf Photovoltaic Solar Systems. This item was removed for separate consideration. Please see the resulting discussion and action under Section VII - Consent Items Held Over. G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Redesign of the City's EGov Website (Contract No. C26240). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the redesign and reprogramming of the City's EGov website. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C25730 — Country Club Drive Pavement Rehabilitation Improvements (Project No. 646-06) (Matich Corporation, San Bernardino, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. I. REQUEST FOR APPROVAL of the Extension of Contract No. C24680 — Landscape Maintenance Area No. 9. Rec: By Minute Motion, approve extension of the subject contract with Vintage Associates, Inc., Bermuda Dunes, California, in the amount of $28,691.25 for the period of February 1 - June 30, 2007 — funds are available in Account No. 110-4614-453-3370. J. REQUEST FOR APPROVAL of the Purchase of Industrial Storage Shelves for the Mezzanine in the New Building at the Maintenance Services Facility. Rec: By Minute Motion, authorize the purchase of the subject equipment from G/M Business Interiors (Goforth & Marti) , Riverside, California, in the total amount of $21,801.19 — funds are available in Account No. 110-4330-413-4440. 6 �� , ��r,+� � l y PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 K. REQUEST FOR AWARD OF BID for the Purchase of Two Solar-powered Message Boards. Rec: By Minute Motion, reject the bid from Traffic Control Services, Anaheim, California, as non-responsive, and award the subject purchase to United Traffic, City of Industry, California, in the amount of $37,281 .50 — funds are available in Account No. 110-4310-433-4045. L. REQUEST FOR APPROVAL of Application Fee for California Solar Initiative Rebate Program for Solar Project on the Civic Center North Carports. Rec: By Minute Motion: 1) Approve of the subject application fee in the amount of $1,506 to Southern California Edison; 2) authorize the expenditure of $1,506 from Account No. 400-4511-422-3911 — no appropriation is required. M. REQUEST FOR APPROVAL of Contracts for Fireworks Displays for the 2007 Independence Day Celebration and the Final "Summer of Fun" Concert. Rec: By Minute Motion, approve: 1) Contract No. C26250A in the amount of $30,148 ($7,500 of which will be paid by the City of Rancho Mirage) with Pyro Spectaculars by Souza, Rialto, California, for professional staff and pyrotechnic supplies and services for the Annual Independence Day Celebration scheduled to be held on July 4, 2007; 2) Contract No. C262506 in the amount of$6,148 with Pyro Spectaculars by Souza, Rialto, California, for professional staff and pyrotechnic supplies and services for use at the final "Summer of Fun" concert scheduled to be held on August 30, 2007; 3) authorize the Mayor to execute said contracts — funds have been budgeted in Account No. 110-4416-414-3061. Councilmen Ferguson and Spiegel requested that Item F be discussed separately. Upon motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. 7 �� r.. � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 XI. CONSENT ITEMS HELD OVER F. REQUEST FOR APPROVAL of a Letterfrom the Mayorto State Legislators, Requesting Change on the Time of Use Meter Requirements for All Photovoltaic Solar Systems. Councilman Ferguson expressed his discontent with the new piece of State Legislation requiring all new photovoltaic solar systems to include a Time of Use (TOU) meter for customers to be charged peak hour usage. He requested the Mayor send a strong letter to State Legislators to encourage them to clean-up the legislation. Responding to question, Mr. Conlon replied the new legislature was already Law and had become effective January 1, 2007. Upon further question, he stated the legislature needed to be cleaned up in order to fix the problem, if not, the PV solar industry in the desert would be dead. Councilman Ferguson moved to, by Minute Motion, instruct staff to prepare a strong letterfrom the Mayorto State Legislators, asking for immediate assistance in authoring and introducing clean-up legislation amending Public Resources Code Section 2827 as it pertains to requiring Time of Use (TOU) metering on new photovoltaic solar systems. Motion was seconded by Spiegel and carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 07-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ITS RESOLUTION NO. 95-13 AS TO THE DATES OF THE ANNUAL ARBOR DAY CELEBRATION IN THE CITY OF PALM DESERT. Councilman Spiegel moved to waive further reading and adopt Resolution No. 07-10. Motion was seconded by Ferguson and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: None 8 �R��' PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF EXTENSION OF THE CITY OF PALM DESERT CABLE TELEVISION FRANCHISE AGREEMENT AND RELATED ACTIONS. Mr. Ortega stated staff and Legal Counsel William Rudell, who assisted the City through the process, were available to answer questions. Responding to question, Ms. Riddle replied the extension with Time Warner Cable was for one year to January 2, 2008. Councilman Ferguson asked if any progress had been made on the matter. Mr. Riddle replied that no progress had been made and that if Time Warner Cable chose to go with a State franchise, the matter may become a mute issue. Councilman Ferguson moved to waive further reading and: 1) Adopt Resolution No. 07-11, extending the Cable Television Franchise Agreement with Time Warner Cable retroactive to June 30, 2006, with an extension to January 2, 2008; 2) pass Ordinance No. 1133 to second reading, amending Chapter 14.01 of Title 14 of the Palm Desert Municipal Code relative to a Support Fee for Local Cable Usage and Special Provisions applicable to holders of State Video Franchises; 3) pass Ordinance No. 1134 to second reading, amending Title 2, adding Chapter2.72 to the Palm Desert Municipal Code relative to Appeal Procedures. Motion was seconded by Spiegel and carried by 5-0 vote. B. REQUEST FOR AWARD OF CONTRACT FOR PROFESSIONAL DESIGN SERVICES FOR PARKING LOT IMPROVEMENTS AT THE PRESIDENTS' PLAZA I (EAST/WEST) BUSINESS IMPROVEMENT DISTRICT (CONTRACT NO. C26260). Mr. Ortega noted this item was a capital improvement project and staff was recommending authorization for design services with regards to the President's Plaza. Responding to location of the project, Senior Management Analyst Martin Alvarez confirmed it was between Portola Avenue and Larkspur Lane. Councilman Spiegel moved to, by Minute Motion: 1) Approve the subject contract in the amount of $62,447 for professional design services plus $3,000 for reimbursables to Nasland Engineering, San Diego, California; 2) authorize the Director of Finance to set aside the amount of $6,244.70 for a 10% contingency (use of contingency requires additional action); 3) authorize the City Manager to execute said agreement — funds are 9 �� . PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 available in Fund 400 and the City's Recycling Account, No. 236-4195-454-3090. Motion was seconded by Ferguson. Responding to question, Mr. Alvarez replied that the subject contract only addressed the improvements presently necessary and did not include consideration of a parking structure. Mayor Kelly thought there was an agreement that the City would investigate a single-story parking structure at President's Plaza. Mr. Ortega stated Council was previously provided a report with recommendations from planning with regards to whether a parking structure was needed that included projected costs. He said Council could authorize this item or wait until they reviewed the subject report. Mayor Pro Tem Benson asked if moving forward with a parking structure eliminate the need for the proposed contract. Mr. Alvarez replied he could investigate the parking structure costs and bring that information back to Council once the preliminary plan for this item was done. Mayor Kelly agreed that PresidenYs Plaza was in dire need of repair, but was also frustrated because he thought it would be beneficial if there was a single-story parking structure at the President's Plaza. He said he would prefer consideration of a parking structure and having the necessary information for when the budget was discussed this year. Councilman Spiegel asked if consideration of a single-story parking structure impede the proposed improvements from getting done. Mr. Alvarez replied that it wouldn't and if Council so desired, he would ask the consultant to include the single-story parking structure as part of the contract—to at least obtain preliminary costs. Mr. Ortega stated it was a matter for the Planning Department to determine whether there was sufficient parking and preferred obtaining that report from them before spending money and directing someone else do to the work. It was his recollection, the last time a substantial project was approved with regards to President's Plaza, it was approved because it was determined there was sufficient parking. He said he would rather have that analysis first. Upon further question, Mr. Ortega replied staff already had a report and could be presented in two weeks. 10 ____ __ �`�,�' � �.�,,.. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 Councilman Spiegel asked if the report was received in two weeks, could it be approved in time to have the work in the summer. Mr. Ortega replied he didn't think so, because this contract was for preliminary engineering services and still required the concept to be accepted and the work to be done. Councilman Ferguson agreed with Mayor Kelly that if this was going to take a year and a half minimum, it would be best to seek the right solution which was a single-story parking structure and looking at all the factors, instead of putting a band-aid on what everyone agreed was a problem. Councilman Spiegel amended his motion to continue to the meeting of March 8, 2007, with staff to provide additional information regarding all needs for Presidents' Plaza and potential for a one-story parking structure. Motion was seconded by Ferguson and carried by a 5-0 vote. C. CONSIDERATION OF REQUEST TO PROVIDE A FINANCIAL CONTRIBUTION AS PART OF COLLEGE OF THE DESERT FOUNDATION'S "MAN ABOUT TOWN" FUNDRAISING EVENT, BENEFITING COLLEGE OF THE DESERT PUBLIC SAFETY ACADEMY. Councilman Ferguson moved to, by Minute Motion, approve a $25,000 donation to the College of the Desert Foundation, benefiting the College of the Desert Public Safety Academy. Motion was seconded by Spiegel. Mayor Pro Tem Benson stated she would like to increase the amount from $25,000 to $50,000. She noted the program would require a lot more funds to get the program going. She said the academy identified a list of needs accumulating a total of $274,000 and a donation of $50,000 on behalf of Palm Desert showed the City's commitment to law enforcement and would help get the program on the road. Councilman Spiegel asked Mr. Ortega if increase the donation to $50,000 hinder his efforts from obtaining additional funds from other cities in the County. Mr. Ortega replied that it would probably help because in his memorandum he only requested a minimum amount with the assumption that every City would contribute their fair share, recognizing not all cities could. However, he agreed a contribution of$50,000 demonstrated the City's commitment to its neighboring cities. Councilman Ferguson said he knew at some point College of the Desert will ask for additional funds, but if staff didn't think increasing the contribution to 11 � � 'F r:_.�-N ��'; �. _� + � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 $50,000 would discourage Desert Hot Springs or Coachella from contributing, he didn't have a problem. Mayor Kelly pointed out the City of Coachella was already on board with $20,000 or 50 cents/citizen and the City of Palm Desert would contribute $1.00/citizen. Mayor Pro Tem Benson moved to amend the motion to donate $50,000 to the College of the Desert Foundation, benefiting the College of the Desert Public Safety Academy. Motion was seconded by Ferguson and carried by a 5-0 vote. XV. CONTINUED BUSINESS A. REQUEST FOR AUTHORIZATION TO INITIATE THE PROCESS OF DETACHING THE CITY OF PALM DESERT FROM THE COACHELLA VALLEY RECREATION AND PARK DISTRICT (Continued from the meetings of November 16, 2006, and January 25, 2007). Mr. Ortega stated this item was continued by Council in order to provide the Coachella Valley Recreation and Park District (CVRPD) an opportunity to speak on this item. Staff was recommending postponement of action, but on the other hand, that the City enter into negotiations with CVRPD for a period of six months. If at the end of the six months, there was no process satisfactory to the City, it could proceed with the application for detachment. MR. STAN FORD, General Manager of Coachella Valley Recreation and Park District, stated he provided a revised format with a list of programs requested by Councilman Ferguson and Councilmember Finerty. He said he supported the recommendation of the Parks and Recreation Commission as noted by Mr. Ortega and was available to answer questions. Responding to question, Councilman Spiegel replied the Commission unanimously approved the six-month extension. Upon further question, he said he personally would inform the Council on what the CVRPD was accomplishing on a monthly basis. Councilman Spiegel moved to, by Minute Motion: 1) Grant the Coachella Valley Recreation and Park District a six-month extension, based on meeting identified goals in documentation provided; 2) continue the matter to the City Council Meeting of August 23, 2007. Motion was seconded by Benson. Councilmember Finerty stated it would be better to proceed with the application for detachment. She said she met with Councilman Ferguson, Stan Ford and Betsy Martin. At that meeting it was discussed about the City getting its money back that it contributes, having direct control of the money 12 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 and how it's spent. She said without detachment it could also preclude any special assessments on the residents. She believed the City's Parks and Recreation Commission got it right the first time when they recommended detachment and that it was unfortunate that conditions were allowed to deteriorate to this point, to start getting some level of cooperation. She believed the residents would be better served if the City had control of their own programs and wouldn't have to worry about programs being cancelled or moved to other locations. Councilman Ferguson said he agreed with Councilmember Finerty. He said he shared his views with Mr. Ford and their Council, that basically they were headed towards a divorce. He said he heard from other cities, Indio, La Quinta, and Rancho Mirage and they were also unhappy. He had informal discussions about the cove commission taking a look at doing Parks and Recreation as a three-cityorfour-city, if La Quinta joined, orfive-city, if Indio joined. He said the City received $2.5 million a year and giving the CVRPD $1.25 million to do better than the past six months, was something he couldn't foresee happening and would vote against the motion. Mayor Kelly called for the vote, and the motion carried by a 3-2 vote, with Ferguson and Finerty voting NO. B. REQUEST FOR APPROVAL OF AGREEMENT FOR THE PROVISION OF LEGAL SERVICES TO THE CITY OF PALM DESERT (CONTRACT NO. C00-008A) (Continued from the meetings of January 25, and February 8, 2007). Councilman Spiegel moved to continue the matter to the meeting of March 22, 2007. Motion was seconded by Ferguson and it carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF THE DESIGN AND CONSTRUCTION OF MEDIAN MODIFICATION ON FRANK SINATRA DRIVE BETWEEN PALM DESERT GREENS COUNTRY CLUB AND MARRIOTT'S SHADOW RIDGE (Continued from the meeting of January 25, 2007). Mayor Kelly noted the letter received from Palm Desert Greens Association in which their Board voted against the restriction of a left-hand turn at the subject location. MR. PETER RODHOLM, Director of Development and Management for Marriott's Shadow Ridge, Palm Desert, CA, stated they were not opposed to the City closing off the left-hand turn. 13 ��. �yr�a r...� > �� K � F'•.: ► PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 Mayor Pro Tem Benson stated she was concern that at one point the left-hand turn was considered a hazard, and the City agreed to fix it. Now Palm Desert Greens Association can't agree on whether iYs a hazard and wondered if staff thought it was a hazard. Transportation Engineer Mark Dierks stated its current operation was acceptable because there were only two collisions in two years. Responding to question, he agreed it was acceptable to leave the left-hand turn as is, and continue to keep the trees trimmed in the median. CouncilmemberFinertystated originallythe letterwaswritten byone resident and then their board met and decided it didn't make sense for them. Mayor Kelly stated he met with a group of about eight people at Palm Desert Greens Country Club that felt the left-hand turn was a hazard and he proposed the subject modifications to the median and everyone agreed it was a good thing. Subsequently, when the proposal was presented to the Board, the Board decided it was not in their best interest. Councilmember Finerty referenced the letter addressed to the Mayor dated December 16, which indicated there were many accidents at that location, yet Mr. Dierks reports there were none. Mr. Dierks clarified that the City records only showed two accidents in the past two years. Councilmember Finerty wondered why Palm Desert Greens Association Baord voted against it, and asked if staff met with them. Mr. Dierks replied he had not met with anyone and their letter was received the previous day. Councilmember Finerty moved to continue this matter to the meeting of March 8, 2007, in order for staff to meet with Palm Desert Greens Association Board to confirm its decision on the project and why they changed their position when residents were still concerned. Mayor Kelly answered, no doubt they want to be able to make left-turns out of their exit. They would rather take a chance and make a left-turn out, so they wouldn't have to drive all the way down to the next intersection to make a U-turn to go back, or have to go out the front gate. 14 OJ'� �,.�.. � , ; �. � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 Councilman Ferguson agreed with Mayor Kelly's comments; however, the letter was received on behalf of the Board and they were supposed to have met three days ago. He agreed with Councilmember Finerty that the City needed to find out what they really wanted. Councilman Ferguson seconded the motion and carried by a 4-1 vote, with Mayor Pro Tem Benson voting NO. D. REQUEST FOR AWARD OF CONTRACTS FOR THE WESTFIELD BUS BAY PROJECT (Continued from the meeting of February 8, 2007). Mr. Ortega noted Council appointed a Committee to look into this matter and return with a recommendation specifically on this item. The Committee met with SunLine, and the conclusion was to meet in March regarding the standards, the standards for turnouts, and other issues with regards to bus turnouts. The Committee recommended the matter be continued to the meeting of March 22, 2007. Responding to question, Councilman Spiegel replied that he and Mayor Pro Tem Benson were on the Committee. He added the Committee also discussed the bus stop on the west side of the street where there was currently no turnout at the Dick Kelly Bus Shelter, but eventually there will be. Councilman Spiegel moved to by Minute Motion, continue this matterto the meeting of March 22, 2007. Motion was seconded by Ferguson and carried by a 5-0 vote. XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 3 TO CONTRACT NO. C22870 — DESIGN ENGINEERING FOR THE PORTOLA AVENUE BRIDGE AT THE WHITEWATER CHANNEL. Mr. Ortega noted the staff report and offered engineering staff was available to answer questions. Councilman Spiegel moved to, by Minute Motion: 1)Approve Amendment No. 3 in the amount of $32,915 to the subject contract with Moffatt & Nichol Engineers, Irvine, California,forthe design of a soundwall on northbound Portola Avenue between Magnesia Falls Drive and the Portola Bridge (adjacent to Wedgwood Glen Community), and the Mayor to execute same; 2) appropriate $32,915 for this Amendment from Unobligated Funds in Account No. 400. Motion was seconded by Finerty and carried by a 5-0 vote. 15 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 B. REQUEST FOR APPROVAL OF AMENDMENT NO. 4 TO CONTRACT NO. C22870 — DESIGN ENGINEERING FOR THE PORTOLA AVENUE BRIDGE AT THE WHITEWATER CHANNEL. Mayor Kelly stated since there was noise on the east side of the bridge, if it was logical to think there would be the same amount of noise on the west side. Engineering ManagerJohn Garcia replied the studywill include consideration of a retaining wall or sound wall. If it was decided that a sound wall was needed, it meant the height of the wall would be higher and would still require a property wall. Upon further question, he replied the west side of the bridge could possibly require a noise wall but wouldn't know until the study was completed, which was included in the scope of work. Councilmember Finerty moved to, by Minute Motion: 1) Approve Amendment No. 4 in the amount of$59,500 to the subject contract with Moffatt & Nichol Engineers, Irvine, California, to design the widening of southbound Portola Avenue between the Portola Bridge and Magnesia Falls Drive(adjacent to Palm Desert Mobile Estates), and the Mayor to execute same; 2) appropriate $59,500 for this Amendment from Unobligated Funds in Account No. 400. Motion was seconded by Benson and carried by a 5-0 vote. C. REQUEST FORAPPROPRIATION OF FUNDS FORTHE CITY'S PORTION OF THE PORTOLA AVENUE EXTENSION. Mayor Kelly questioned that the map still showed an offset at the intersection of Dinah Shore Drive and Portola Avenue. It was his understanding there wasn't going to be an offset on Dinah Shore Drive and that it would be a four-way intersection. Mr. Garcia stated it was currently a three-way. Mayor Kelly stated he was concerned about the future and wanted an assurance that it would be a four-way intersection. Mr. Dierks replied he had designed it and gave his assurance that it would ultimately be a four-way intersection. Councilman Spiegel moved to, by Minute Motion, appropriate $713,246.44 to Account No. 400-4365-433-4001 for the City's share of infrastructure improvements on Portola Avenue and authorize expenditure of said funds. Motion was seconded by Finerty and carried by a 5-0 vote. 16 ��, �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 D. REQUEST FOR APPROVAL OF AQUATIC CENTER DESIGN AND JOINT USE AGREEMENT WITH COLLEGE OF THE DESERT. Mr. Ortega noted the staff report and pointed out the item was a recommendation of the Parks and Recreation Commission. He said the proposal had been amended to address some of the concerns of the College of the Desert(COD). He said the staff report included a draft agreement for Council to approve. He offered staff was available to answer questions. MS. SUZIE O'HAIR, Palm Desert, CA, stated she had heard manytimesthe City ran as a business, and all objective evidence indicated it was true most of the time. She stated that as a dog park user, recognized that Ms. Janis Steele and her staff did a great job. However, with the proposed Aquatic Center, she felt something went out of whack. She said funds were spent to survey the residents, and the survey broadly asked about the parks and recreation, what they were interested in, and what they were satisfied with. She said a business would not invest $5 million in a product with 75°/a of its customers voicing they didn't need it; stating those were the results of the City's survey. She said the results indicated only 24% were interested in a community pool, and the indoor/outdoor pool did not make the top half; the 24%that was interested in a community pool,only 8%of all respondents considered it one of their top four needs. She said she had a petition in support of a community pool but all were against the current design. She agreed the proposal included great ideas but multi-story slides, handling 1,200 people for a minimum investment of$5 million, seemed to be a large amount of money for a small percentage of people interested. MS. JANIS CLARK, Palm Desert, CA, presented a petition with 70 signatures from Palm Desert residents to the City Clerk. She read from her petition stating the undersigned residents of Palm Desert were supportive of an aquatic center at the College of the Desert for swim teams, senior swim and similar activities, but were not in support of the proposed water park that included slides, play equipment in the children's pool, and a lazy river. They encouraged Council to vote against the proposed aquatic complex and requested a new design that better addressed the desires of Palm Desert citizens for projects that respected open space and desert environment according to the City's recent survey. MR. TIM SALVADOR, Palm Desert, CA, a resident since 1981, stated he was in support of the aquatic park and the flowrider(sheet wave machine). He said the City of Vista has a water park that is run by the City that he and his family have commuted to since 1991. He said the water park has been a huge success to the City and the proposed aquatic park was almost identical. He said he was not keen on the slides, but seeked Council's support specifically on the flowrider. He said the flowrider was a surfing 17 �., r,� �� . , , F � � PRELIMINARY MINUTES REGULAR PALM DESERT CIN COUNCIL MEETING FEBRUARY 22, 2007 simulator and would not stick out to be an eye soar for the City. He believed it would attract many repeat visitors and probably be the main attraction for riders and spectators. He added, the City of Palm Desert could become a stop for a touring competition group that traveled across the United States and held their finals in San Diego. He offered to provide videos and pictures on the flowrider. Responding to the height of the slides, Mr. Alvarez replied the slide structures are 32 feet high to the platform. Mayor Kelly stated the structures were originally higher, but staff agreed to lower them at the request of College of the Desert. Mayor Pro Tem Benson noted she was not present at the October meeting when the project was first introduced. She said having been around so long, she knew the City always wanted a public pool forthose kids who didn't have it in their back yard. The City started seeking a swimming pool that would be competitive to avoid using the one at the high school and also convenient for all residents. She didn't think the City was sta�ting a water park concept, which she believed this was. She was in favor of a pool with amenities, but not in favor of what was being proposed at that location. Councilman Ferguson believed the City desperately needed a competition swimming pool. He said he taught two of his three children to swim at the College of the Desert, costing 50 cents to get in, and the American Red Cross was there to teach them. He noted he didn't have a pool in his back yard, but his children did swim at their friends home, so it was critical that his children were trained to learn how to swim. In addition, the City's survey showed that people wanted to swim longer than the 15 to 20 feet that a backyard pool provided. He was supportive of the project but didn't think the City currently needed a children's pool, flowrider, or a cabana. It would be similar to when the skate park was built, and realize the small children were having a tough time mingeling with older kids, so a smaller skate park was built. He was in favor of moving forward with a competition swimming pool and amenities necessary, but nothing further than that. Councilmember Finerty concurred with Councilman Ferguson. She said she didn't believed the government should compete with the private sector,which she believed this was. She said the proposal had an $8 million price tag that would probably increase because it was done in 2005. If the City received the anticipated revenue, it would still be short $153,000 every year. She noted her colleagues might grow weary of her expressing the need for a heliport and undergrounding utilities, but believed thaYs what public servants were suppose to do as oppose to putting in public amenities. 18 � ..�. ;� ;.. . ; �f '��''``..� � PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 Councilman Spiegel stated the City's population was 50,000 year-round and up to 75,000 in the summer and growing. He believed a City this size deserved something like this for its residents. He acknowledged the survey didn't indicate more than 50% needed a pool. However, when College of the Desert's pool was in operation, it was filled every day in the summer, primarily by children going to camp at the YMCA orthe Parks and Recreation District. He said the wave pool or lazy river was the main amenity that was requested bythe residents;the more mature residents indicated theywanted to float around in a lazy river; and the competition pool would be used for competition in distance and water polo, used by the residents and College of the Desert students. He noted that College of the Desert currently had no swimming team and this would provide them the ability to have one. Their previous pool was not safe, and the size was not amicable for competition and bringing in additional amenities like the wave rider, etc., was the right thing for the residents. He added the proposed project was unanimously approved by the Parks and Recreation Commission. Mayor Kelly addressed an earlier comment made regarding the survey that 75% of the people didn't want a pool, was not exactly accurate. The actual question was how/where would you spend a dollar for recreation. The results were 20% on new facility, 20°/a on maintaining existing facilities, 20% on indoor fitness centers, 20% on hiking trails, and 20% on aquatics. If you divided it up on future acquisitions and maintenance on what you had, it had to be spread between the other three, and it was clear the residents indicated they wanted an indoor fitness center, an aquatic center, and bicycle/hiking/walking t�ails. He was somewhat in agreement there was a distinction between recreation and entertainment. However,the City needed a pool for its 50,000 citizens, and the City collected taxes and had the money available to provide the services they were requesting. � Ms. Steele added that after much research, maste� plan study, and looking at the costs, it needed to be understood that if the amenities were removed, operating costs would cost twice as much annually. She believed if a rectangular pool was built, it would become functionally obsolete very quickly. She noted the City of La Quinta built a pool less than 10 years ago and was rarely used because they didn't take into account what the residents wanted. The City of Palm Desert did survey its residents and staff looked into amenities to help recover cost and run it like a business. She said the survey results and master plan were taken into account and felt the additional services were needed to make it as famify friendly as possible. She offered that the consultant was available to answer questions regarding the cost recovery or what they would recommend. 19 DR�4�1' PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 Mayor Kelly noted he had experience with a similar aquatic installation at another City. He said it was extremely popular and well used. Mayor ProTem Benson stated she was opposed to the proposed water park. She was in favor of a pool and the original idea that started it all, but believed the project had gone beyond its original purpose. She was also in favor of a fitness center and thought the difference that would of been spent on the water park portion of the project could be used between a pool and a fitness center, which were the two major items the residents wanted. MR. KEN MUELLER, Architect, stated he and Roger Clark designed the proposed aquatic center and was also the Architect involved with the Vista Aquatic Center. He said that aquatic center was designed for the high schools in that region, who did not have the rectangular type pool on a year-round basis and the water park portion of the project generated a profit to pay for it. Since that park was constructed almost 10 years ago, it's generated$200,000 almost every year. Those yearly profits have been used to renovate the water park and other projects like their old Avo Theatre. He said the water park had become a community asset and it paid for itself on an annuat basis. The park holds more than 1,200 people and is filled to its capacity every day in the summer. Although it was not meant to be a huge profit making force, the City of Vista made it friendly and affordable and still generated a profit to keep the large pool heated year-round. Mayor Pro Tem Benson asked which other cities had a water park. MR. MUELLER, replied The City of Vista, the City of Freemont with their water park opening next year, the City of Santa Clarita, and the City of Livermore. Mayor Kelly asked if the City of Davis had a water park. Mr. MueUer replied that water park was not a municipal water park. He thought maybe the Mayor was thinking about Incline Village which consisted of several community pools that graduated from one to another (diving, swimming, kiddie pool, and teen pool). Mayor Pro Tem Benson said she could see how a water park could be at other locations, but not at this location. Councilmember Spiegel moved to, by Minute Motion: 1) Approve of the Aquatic Center Design as presented; 2) approve the Joint Use Agreement between the City of Palm Desert and College of th Desert (Contract No. C26270); 3) authorize the City Manager to negotiate any minor changes as needed in finalizing the agreement; 4) authorize staff to proceed through the entitlement process. Motion was seconded by Kelly and failed on a 2-3 vote, with Benson, Ferguson, Finerty voting NO. 20 �� r� �°� . �.�f }' . .. .. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 Councilman Ferguson moved to, by Minute Motion: 1)Approve moving forward at this time with a competition-sized pool only, as outlined in the staff report diagram, reserving the right to consider the other proposed features at some point in the future; 2) request the Parks & Recreation Commission make a recommendation back to the City Council on the amenities necessary to serve the competition-sized pool. Motion was seconded by Finerty and carried on a 4-1 vote, with Spiegel voting NO. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE UNIVERSITY PARK MASTER PLAN DEVELOPMENT AGREEMENT AS IT RELATES TO 190 +/- ACRES GENERALLY LOCATED SOUTH OF GERALD FORD DRIVE AND EAST OF PORTOLA AVENUE - 73-500 COLLEGE DRIVE Case No. DA 06-02 Related To C!Z 06-04 (Palm Desert Funding Company, LP, Applicant} (Continued from the meeting of February 8, 2007). Mr. Ortega noted this was a continued item at the request of City Council in order to obtain clarification on what was being requested and the land it involved. In addition, staff provided an alternative in case Council chose not to accept staff's recommendation. Mayor Kelly declared the public hearing o�en and invited testimony in FAVOR of or OPPOSITION to this request. MS. EMILY HEMPHILL, stated she was Counsel for Palm Desert Funding Company, the developer of the University Park Project and one of the proposed signatories forthe development agreement proposed this evening. She said she received a copy of the transcript of the previous meeting on this issue and offered to answer questions raised at that meeting. With no further testimony offered, Mayor Kelly declared the public hearing closed. Councilman Spiegel moved to waived further reading and pass Ordinance No. 1132 to second reading, approving Case No. DA 06-02. Motion was seconded by Ferguson and carried by a 5-0 vote. 21 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Council Annexation Subcommittee — Mr. Ortega stated the City currently was being asked to comment on applications pending before LAFCO (Local Agency Formation Commission): 1) City of La Quinta relative to the Palm Desert Sphere of Influence; 2)input on Palm Desert's Sphere of Influence generally. Previously, the City Council had appointed an ad hoc subcommittee of its members to review such matters on behalf of the City, and he asked if that group could be reactivated to consider the current matters. With City Council concurrence, Councilmen Ferguson and Spiegel were authorized to resume their roles as the City Council Annexation Subcommittee, with staff directed to schedule a meeting to discuss the aforementioned items. On a related note, Councilman Ferguson commented that it seemed Mr. Spiliotis of LAFCO had concluded that Bermuda Dunes was not in Palm Desert's Sphere of Influence,which he felt was incorrect. He asked Mr. Ortega to clarify that position with Mr. Spiliotis. In response, Mr. Ortega said he feit it had been clarified that Bermuda Dunes was in Palm Desert's Sphere of Influence, which was the reason LAFCO was seeking the City's input on the La Quinta request. Councilman Ferguson added that he had a conversation with Supervisor Roy Wilson earlier this week concerning the County's intent to invest a substantial amount of money in Bermuda Dunes, and the Supervisor asked if this is something that would interest the City. He felt this was another topic that could be addressed by the Annexation Subcommittee. B. CITY ATTORNEY None C. CITY CLERK None 22 _ . ��F1' PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council ReQuests for Action: 1. Contribution for Agricultural Workers — Councilman Spiegel commented about the widely publicized plight of the seasonal farm workers in the East Valley after the crops there were affected by the freeze last month. He noted the Bob Hope Chrysler Classic donated money to F.I.N.D. (Food In Need of Distribution)and Hidden Harvest, the City of Indian Wells asked its residents to pick their fruit for donation to the workers, and 700 cases of almonds were also donated today. However, he understood the need was still pretty severe and asked if his colleagues would consider approving a $50,000 contribution to one of the aid groups deemed appropriate by the City Manager. Mayor Pro Tem Benson noted that the Regional Access Project (RAP), whose funds are derived from the Costco Center in Palm Desert, had donated $75,000 to be distributed between F.I.N.D. and Hidden Harvest and wherever else it was needed. Councilman Spiegel added that if Palm Desert contributed $50,000, some of its neighboring cities may want to join in. Councilman Ferguson offered that here,again,was an opportunity for the City to communicate how much it appreciated the efforts of those workers. He felt it would be appropriate to match what the Bob Hope Chrysler Classic donated and encourage the Berger Foundation and some of the other large benefactors in the area to do the same. 23 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 Mayor Pro Tem Benson said she was not opposed to giving more, especially after having just toured with the CVAG Homeless Task Force, and food was desperately needed by all the shelterfacilities as well. Upon a motion by Ferguson, second by Spiegel, and 5-0 vote of the City Council, consideration of the donation was added to the agenda. After further discussion, Mayor Pro Tem Benson suggested leaving the donation up to the City Manager's discretion to ensure the funds would be given where they would do the most good. Councilmen Ferguson and Spiegel agreed. Councilman Spiegel moved to, by Minute Motion, donate$100,000 to be distributed at the City Manager's discretion solely for the purpose of assisting the needy in the eastern Coachella Valfey and appropriate said funds for this purpose. Motion was seconded by Ferguson and carried by a 5-0 vote. o City Council Committee Reports: o Citv Council Comments: 1. "Every 15 Minutes"— Councilmember Finerty asked that City Council be given more advance notice of specific events occurring in the City that may impact residents, like the "Every 15 Minutes" Program at Palm Desert High School yesterday. Councilmembers noted they'd previously received an invitation to participate in the program, and it was also a television news story the night before. Mrs. Gilligan stated that the program came through the Public Safety Commission, and she would make sure there was advance notice in the future. Mayor Kelly commented he felt the program was great for high school students; the crash simulation occurred on the first day, where the kids witnessed all the procedures involved, and a mock funeral service was held today. Speakers included Neil Lingle,who lost a son about four years ago, and the President of Mothers Against Drunk Drivers, who had also lost her son. However, he asked about having a little better traffic flow on Cook Street the next time the program was held. 24 �� PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 2. Transportation — Mayor Kelly asked if his colleagues had seen the Governor's letter to the California Transportation Commission (CTC). He noted at the last election, voters approved spending$4.5 billion on highway infrastructure, but the staff of CTC had only recommended $2.8 million, and two major projects for Riverside County that were included in the Governor's package were not included in the aforementioned $2.8 million. He commented that previously, the western side of Riverside County treated the Coachella Valley similarly when it presumed that it had plenty of money available for projects through the TUMF (Transportation Uniform Mitigation Fee) and half-cent sales tax. He felt Riverside County, especially the western side, had done a good job of collecting those funds for transportation projects, and he urged his colleagues to keep an eye on this story. XIX. ADJOURNMENT Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, Mayor Kelly adjourned the meeting at 5:34 p.m. RICHARD S. KELLY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 25