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HomeMy WebLinkAboutPRELIM - CC - 04/26/07 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 26, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:02 p.m. II. ROLL CALL Present: Mayor Pro Tem Jean M. Benson Councilman Jim Ferguson arrived at 3:10 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 Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Mark Greenwood, Director of Public Works � David Yrigoyen, Director of Redevelopment & Housing Frank Taytor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSE� SESSION ITEMS) None PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 211, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: State of California, Dept. of Food & Agriculture Under Negotiation: x Price x Terms of Payment NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. 2) Property: 5.10 acres, Section 30 of the Cahuilla Hills(APN 628-130-015) Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Barracuda, LLC } 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 NOTE: THE FOLLOWING TWO ITEMS WERE LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. b) City of Palm Desert v. Labrador Investments, et al., Riverside County Superior Court, Case No. INC059971 c) City of Palm Desert v. Hempie's, Inc., Riverside County Superior Court Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 With City Council concurrence, Mayor Kelly adjourned the meeting to Closed Session at 3:03 p.m. He reconvened the meeting at 4:02 p.m. 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 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 Richard S. Kelly VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS - B MS. K KAUFMANN, reporter for The Desert Sun, invited the City of Palm Desert and all its citizens to see their redesigned website, which would be launched in the coming weeks and would provide an interactive forum for bloggers and citizen journalists to post information. For more information about the new features, interested persons could telephone her at 778-4622. MR. GARY LEUDERS, resident of Rancho Mirage and President of the Desert Bicycle Club, addressed the City Council about concern for maintaining the bicycle lanes in Palm Desert, adding that most of their rides begin at Civic Center Park. He said their group was a member organization of the Coachella Valley Community Trails Alliance, whose goal is to establish off-street bicycle trails throughout the Valley. He commended the City for its bike lanes on Cook Street, Country Club Drive, Magnesia Falls Drive, Portola Avenue near The Living Desert, and along Geratd Ford in the new University Park area nearthe Cal State Campus. However, the proposed widening of Cook Street could possibly eliminate the Class 2 bike lane there, creating a safety hazard for cyclists. Cook Street is a major north-south ride- through for bicyclists, and when the Cal State Campus and University Park are further developed, there would be more riders there. He said the white line defines space, provides predictability and a margin of safety for the bicycle rider. He asked the City Council to keep this in mind as the Cook Street project comes forward. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING 2007 AS "RIVERSIDE COUNTY PROBATION DEPARTMENT CENTENNIAL YEAR" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Kelly presented the framed proclamation to a representative of the Riverside County Probation Department, congratulating them for their centennial anniversary and commending them for their good work. 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 B. PRESENTATION OF PROCLAMATION DECLARING "MAY AS MENTAL HEALTH MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Kelly presented the framed proclamation to a representative of the Riverside County Mental Health Board and thanked them for the efforts they extend to promote good mental health and well being for all. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. C. CONSIDERATION OF APPOINTMENT TO THE CITY OF PALM DESERT MARKETING COMMITTEE. Councilman Spiegel stated that Lee Morcus was part owner of the Chop House in Palm Desert, and was also on the Convention and Visitors Authority (CVA) Board. He said Mr. Morcus was a knowledgeable and candid individual. Councilman Spiegel moved to, by Minute Motion, appoint Lee Morcus to the Marketing Committee to fill the unexpired term of Ray Rodriguez, Jr.,with a term expiration of December 31, 2009. Councilmember Finerty felt it was appropriate, since a vacancy had been created with the resignation of Mr. Ray Rodriguez, who was also in the same business. Councilman Ferguson said he couldn't speak highly enough of Mr. Morcus. He said he got things done, he didn't rubber-stamp votes but investigated them, was very active in the CVA, and knew he would be a true asset to the Marketing Committee. Councilman Ferguson seconded the motion, and it carried by a 5-0 vote. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 12, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 205, 206, and 210. Rec: Approve as presented. 4 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 C. CLAIM AGAINST THE CITY (#578� by Joseph Funkey in the Amount of $600,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY(#579� by Gregg Edward Rall in the Amount of $211,096.50. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. CITY'S/AGENCY'S COMPLIANCE ANALYSIS AND INVESTMENT REPORT for February 2007 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bamboo Cove Restaurant, 72-286 Highway 111, Suites J3 & J4, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Haus of Pizza, 72-795 Highway 111, Suite G2, Palm Desert. Rec: Receive and file. H. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meetings of December 20, 2006, and February 21, 2007. Removed for separate consideration under Section VII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 2. Marketing Committee Meeting of February 20, 2007. Rec: Receive and file. 5 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 I. LETTER OF RESIGNATION from Karen Oppenheim -Architectural Review Commission. Rec: Receive with very sincere regret. J. LETTER OF RESIGNATION from Mark Wiener - Art In Public Places Commission. Rec: Receive with very sincere regret. K. LETTER OF RESIGNATION from Ric Mandelbaum- Marketing Committee. Rec: Receive with very sincere regret. L. REQUEST FOR ADOPTION of Resolutions, Authorizing Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt Resolution Nos.: 1) 07-23 - December 2006 Records; 2) 07-24 - January 2007 Records; 3) 07-25 - February 2007 Records. M. RESOLUTION NO. 07-26 - A Resolution of the City Council of the City of Palm Desert, California, Authorizing the Destruction of Paper Files from the Department of Public Works that Have Been Digitally Imaged. Rec: Waive further reading and adopt. N. REQUEST FOR AWARD OF CONTRACT for Painting the Exterior and Courtyards of the City of Palm Desert Parkview Office Complex Buildings (Contract No. C26280). Removed for separate consideration under Section VII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 6 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 O. REQUEST FORAPPROVAL of a Memorandum of Understanding(MOU) for the Cooperative Curbside Conservation Buffer Demonstration Program (Contract No. C26430). Rec: By Minute Motion: 1) Approve the subject MOU with the Coachella Valley Water District, Coachella Valley Mosquito and Vector Control District, and individual Property Owners' and Homeowners' Associations; 2) appropriate $20,000 in cost share funds from the Unobligated General Fund for this purpose; 3) authorize the City Manager to execute said MOU. P. REQUEST FOR RATIFICATION of the City Manager's Approval of a Design Contract for Well Site at Freedom Park (Contract No. C23210F). Rec: By Minute Motion, ratify the City Manager's approval of the subject Architectural Design Contract with David Evans and Associates, Riverside, California, in the amount of$23,255. Q. REQUEST FOR APPROVAL of Parcel Map No. 34898 (North Sphere Associates, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 07-27, approving the Map of Parcel Map No. 34898. R. CONSIDERATION of Request from Regency Homes to Assist with Cost of Landscaping Required to Mitigate Visual and Lighting Impact Created by Lowe's Project. Rec: By Minute Motion: 1) Reimburse Regency Homes in the amount of $22,433, the amount expended for landscaping to mitigate the visual and lighting impact created by the Lowe's project; 2) appropriate $22,433 from Account No. 110-4614-453-3370 for this purpose. Councilman Spiegel asked that Item N be discussed separately, and Councilmember Finerty requested Item H-1 be discussed separately. Upon motion by Ferguson, second by Spiegel, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. 7 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 XI. CONSENT ITEMS HELD OVER H. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meetings of December 20, 2006, and February 21, 2007. Councilmember Finerty stated the Minutes of February 21, 2007, page 2, reflected she and Mayor Kelly felt the artwork was not appropriate. Additionally, on the following page, Mr. Twedt stated they didn't like the artwork. She wanted the message to be clear for the record that they had requested a balance of artwork that included representational or realistic pieces. Mayor Kelly added the point was that the Minutes reflected they did not like the artwork, and it was not that they did not like the art but that they wanted another selection added to be voted on. He felt their message was not made clear in the report given to the AIPP Commission. Ms. Gilligan offered to send a copy of these City Council Minutes to AIPP to clarify the matter. Councilmember Finerty agreed. Councilmember Finerty moved to, by Minute Motion, receive and file the Minutes, with clarification that the message to Art In Public Places was not that the art was disliked but that City Council requested more balance be achieved in the public art program by including representational and realistic pieces: Motion was seconded by Ferguson. Mayor Pro Tem Benson stated it was her understanding the request was to include more representational art in the future, because at the time of that discussion, the art pieces were already selected for the public to vote on. Councilmember Finerty stated she and Mayor Kelly wanted pieces to be added to what the public was going to vote on. Ms. Gilligan noted there was confusion as to what Council's direction was, and verbatim transcripts were interpreted a certain way; she believed Mayor Pro Tem Benson shared staff's interpretation. She said it's been clarified, and she would be happy to take Council's opinion and comments back to the AIPP. She said the Commission will move forward and will look at all three spectrums of art, realism, abstract, and representational in the future. Mayor Kelly called for the vote, and the motion carried by a 5-0 vote. 8 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 N. REQUEST FOR AWARD OF CONTRACT for Painting the Exterior and Courtyards of the City of Palm Desert Parkview Office Complex Buildings (Contract No. C26280). Councilman Spiegel stated the low bid, Southwest Coatings, Incorporated, San Pedro, California, was $26,700, and the high bid from Fix Painting, Woodland Hills, California, was $270,0000. He wondered why that bid was astronomically higher than the low bidder. Mr. Gibson replied staff did not hear from Fix Painting as to why their bid was so high, but staff looked at previous projects by Southwest Coatings, including Desert Willow, and felt comfortable with their bid. Councilman Spiegel moved to, by Minute Motion, award the bid and approve the subject contract with Southwest Coatings, Inc., San Pedro, California, in the amount of $26,700 and authorize the Mayor to execute same — funds are available in Fund 510. Motion was seconded by Ferguson and carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 07-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, FORMING THE CITY OF PALM DESERT LANDSCAPE BEAUTIFICATION COMMITTEE. Councilman Spiegel moved to waive further reading and adopt Resolution No. 07-28. MR. FRED BELL, Executive Director, Building Industry Association (BIA) - Desert Chapter, stated the BIA had some comments on the subject resolution. He understood the Committee met informally for the past four years. He questioned why: a) The City was adding to the complexity of the development process; b) members appointed to the Committee either drew a paycheck directly from the City or were on another commission through the Council. He doubted there could be any organic discussion with this Committee because no one was directly appointed. He understood the argument and issues about consultants and their allegiance and such; however, he felt it was a closed committee. He asked that Council continue the matter until the BIA had an opportunity to attend some of the meetings, to understand the dialog, get a feel for it, or expand the Committee to include at-large members that would add input to the process. He felt the City had done an excellent job because he's not seen a lot of landscape atrocities, so his question was how to structure this Committee in such a way that it might be more organic. 9 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 Responding to questions about having attended the Committee meetings, Mr. Bell replied he's been around for two years, one of those was in Government Affairs, but he wouldn't have attended in that capacity. He said he was not aware the Committee met regularly, but that's what he was told. He was interested in knowing how the committee functioned because it added complexity to the overall development process, and all the people on the committee were within the City. Secondly, if the City wanted fine-grain detail, why not include members from the community or the landscape design community at large. He said adding a few more at-large members would provide more organic and creative discussion. Councilman Ferguson said one might say the reason the City had no atrocities was because of the subject committee. He said the Architectural Review Commission (ARC) included members at large and was responsible for reviewing all landscape plans for every development that came forward. He didn't understand what Mr. Bell's definition of "organic" meant in this context. MR. BELL replied that Councilman Ferguson's comments supported his contention in that the City already had the Planning Commission and ARC to go through with a level of complex discussion, why add another body to review landscape design. It seemed that would extend the process. Mayor Kelly noted the Committee was actually 22 years old. The first committee took a trip to Scottsdale, and Phoenix, Arizona, to look at plant material. He said the ARC was an approval commission, but the subject Landscape Beautification was mainly a development committee that Council was attempting to make legal under the Ralph M. Brown Act. He said the Committee was instrumental for developing drought-tolerant landscaping. It developed the plants and techniques to be used and experts were brought in. The nurseries had to be convinced to grow a supply and stock certain kinds of landscape material. The work of that committee is the seed that caused drought- tolerant landscaping be adopted for the whole Coachella Valley, and the City of Palm Desert created the nursery stock to be able to do that. He said it was not� an approval committee, it's a development committee. If Council wished to continue the item and consider adding additional members, it would be at Council's discretion. He reiterated the subject committee was different than an approval committee. Responding to Councilman Ferguson's question about formalizing the Committee, Mr. Erwin replied it was appropriate to formalize it with a resolution so it would be clear that it was subject to the Brown Act and notice of the meetings is given. In the past, the Committee operated in compliance with the Brown Act, but nothing was written down effectively. 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 MR. BELL stated the BIA was not questioning the legality or the work of the Committee. They questioned should there be non-directly appointed or staff-only members on it. However,the Committee was being formalized and would meet regularly,thereby creating another step. When that happens,the BIA wants a look. Mayor Pro Tem Benson stated that originally the Committee was not meant to add another layer to someone like the BIA, it was meant to assist the Council. Many landscaping issues came up that took up City Council Meeting time, like deciding on the size of 5-, 10-, or 30-gallon plant material. Those types of issues were now given to the Landscape Committee to handle, saving hours of discussion. It was never meant to be another layer of approval but a way to assist developers with their projects. She said the City did have a few disasters over the years; in some instances, trees were placed in well holes that were too small, which was the type of thing the Committee was helping to avoid. Councilman Ferguson added that more often than not, developers have thanked the City for knowing early on what Council was interested in by way of landscaping, rather than going through ARC and Planning Commission, only to have it rejected by the Council. Mayor Pro Tem Benson stated many of the developers don't live here and don't know what grows in the desert. Many come in with a palette of trees that die in the first year. The Committee was meant to keep those issues from happening. MR. BELL reinterated the BIA's issues were that Council is formalizing a Committee that will meet regularly, and that the BIA would like to see it be broader in scope from the standpoint of the appointment process, so that at least a couple of the members come from an organic appointment. Councilman Ferguson seconded the motion. Councilman Ferguson commented that it was not the City's intent to add an extra layer of bureaucracy but to formalize the Committee to assist the process. Mayor Kelly said if the BIA was interested in sending a representative to the Landscape Committee, they could be added to the mailing list so they can attend all meetings. He said their input would be welcomed. Mayor Kelly called for the vote, and the motion carried by a 5-0 vote. 11 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 B. RESOLUTION NO. 07-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC HEARING FOR CONSIDERATION OF A STREET NAME CHANGE FOR THE STREET CURRENTLY KNOWN AS HARRY F. KAVANAUGH COURT (Howard & Beverly Chuchian, Applicants). Councilman Ferguson moved to waive further reading and adopt Resolution No. 07-29. Motion was seconded by Benson and carried by a 5-0. C. RESOLUTION NO. 07-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF PALM DESERT,CALIFORNIA,VACATING EXCESS PUBLIC UTILITY EASEMENTS IN LOT"C"AND A PORTION OF LOT"K,"AND THE EMERGENCY VEHICULAR ACCESS EASEMENT (EVAE) ALSO IN LOT "C," TRACT 25296-6 IN CANYONS AT BIGHORN, UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA (Bighorn Development, LLC, Applicant). Councilman Ferguson moved to waive further reading and adopt Resolution No. 07-30. Motion was seconded by Finerty and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1136 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENTTO CHAPTERS 25.15-HILLSIDE PLANNED RESIDENTIAL (HPR) AND 25.86 - PUBLIC HEARINGS, AS THEY RELATE TO PUBLIC HEARING REQUIREMENTS, DEVELOPMENT STANDARDS,AND RIDGE- TOP DEVELOPMENT Case No.ZOA 07-01 (City of Palm Desert,Applicant). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1136. Motion was seconded by Finerty and carried by a 4-0-1 vote,with Ferguson ABSTAINING. XIV. NEW BUSINESS None 12 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 XV. CONTINUED BUSINESS A. ORDINANCE NO. 1135 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT AMENDING DEVELOPMENT AGREEMENT 96-1 AS IT RELATES TO A 300-TIMESHARE DEVELOPMENT, 215 CURRENTLY ENTITLED UNDER THE EXISTING DEVELOPMENT AGREEMENT Case No. DA 06-03 As It Relates to Case Nos. PP/CUP 06-17 and TT 35426 (Starwood/WVC Rancho Mirage, Inc., Applicants) (Continued from the meeting of April 12, 2007). Councilman Ferguson said some residents raised the question about whether story poles were put up so that people could see the height of the buildings. Associate Planner Tony Bagato replied that a line of sight drawing was provided through the review process, and it was believed the setbacks were sufficient to minimize visibility. He said typically story poles were not put up unless requested. Councilman Ferguson stated he was the deciding vote with this project, and it occurred to him the last time Council was told it wouldn't be visible, it was woefully wrong. If the Applicant didn't mind, he said it would be a good idea to put the story poles up so that everyone could see what the project proposed to do, and the decision didn't rest on his judgment only. Feedback could then be given to Council on whether the view was obstructed or not. Councilman Spiegel noted that in the past, Council approved a taller hotel at the same location. Mayor Pro Tem Benson stated the perception from the drawings, where all the condominiums are, is that if the buildings are above three stories, they would be visible. She personally had received letters and noticed the one sent to the editor; people in the community were complaining, and she thought it would be nice if the story poles could be provided. Councilmember Finerty concurred. She believed every opportunity should be made possible, if there is consideration by Council to approving four stories. Councilman Ferguson said he would feel better about voting yes for the project, if it confirmed what he believed to be the truth, that the buildings wouldn't impede anyone's view. He believed the story poles would help get a clearer vision. 13 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 Councilman Ferguson moved to continue this matterto such time as story poles are erected on the site and analyzed, with further direction that an informational report be provided at the May 10, 2007, City Council Meeting to indicate when the story poles would be up. Motion was seconded by Spiegel and carried by a 5-0 vote. XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF A CHANGE IN TERM OF CONTRACT NO. C25540 — LANDSCAPE MAINTENANCE AREA NO. 1. Councilman Spiegel moved to, by Minute Motion, approve a change in the term of the subject contract with Hort Tech, Inc., Palm Desert, California, from twelve (12) to nine (9) months. Motion was seconded by Benson and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF A CHANGE IN TERM OF CONTRACT NO. C25560 — LANDSCAPE MAINTENANCE AREA NO. 2. Councilman Spiegel moved to, by Minute Motion, approve a change in the term of the subject contract with Greenscape, Inc., Temecula, California, from twelve (12)to nine (9) months. Motion was seconded by Ferguson and carried by a 5-0 vote. C. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF INFRASTRUCTURE IN THE SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02) (CONTRACT NO. C25570A, PROJECT NO. 627-05). Mr. Ortega noted staff's recommendation along with a letter from a bidder whose bid was found to be non-responsive. An additional report was provided to Council affirming staff's recommendation. He offered that staff was available to answer questions. Councilman Ferguson moved to, by Minute Motion: 1)Deem bid proposal submitted by The S J & B Group, Inc., Riverside, California, non-responsive; 2) award the subject construction contract to Yeager-Skanska, Inc., Riverside, California, in the amount of $14,470,270.58; 3) set aside a 10% contingency for the project; 4)authorize the Mayor to execute said contract. Motion was seconded by Finerty and carried by a 5-0 vote. MR. JOHN BOYD,AttorneyforThompson&Colegate, Riverside, CA, stated he represented Yeager-Skanska. He offered to answer questions regarding staff's recommendation. Mayor Kelly called for the vote, and the motion carried by a 5-0 vote. 14 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 D. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE SECOND PHASE OF SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02) IMPROVEMENTS (CONTRACT NO. C25420C). Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Berg and Associates, Inc., La Quinta, California, in the amount of$1,353,376; 2)authorize the Mayor to execute same — funds are available in the Section 29 Assessment District Account. Motion was seconded by Ferguson and carried by a 5-0 vote. E. REQUEST FOR DIRECTION ON DEVELOPMENT OF A SWIMMING FACILITY IN THE CITY OF PALM DESERT. Parks & Recreation Manager, Janis Steele stated the Parks & Recreation Commission presented to Council a park proposal that was voted down in favor of a competition-only pool. At that time, staff was directed to take back the recommendation from Council to the Commission for review and comment. The Commission reviewed the recommendation and continued to support the original proposal. Staff was seeking Council's direction to either proceed with the competition-only pool at the College of the Desert (COD) or move forward in another direction. She said members of the Commission were available to answer questions. Councilman Ferguson thought direction was already provided on a 4-1 vote at the last Council meeting and asked if something was unclear about that direction. Councilman Spiegel replied the vote was actually 3-2 vote to deny the original plan, that then became a 4-1 vote in favor of the competition-only pool. He said staff was asking if Council wanted to proceed with two pools or just a competition-only pool, because it would be difficult to have a pool for competition and not have another for beginning swimmers. You wouldn't be able to teach a child to swim in a competition-only pool where you had lanes and deep water. It would be like the little skate board park, and the big skate board park. Councilman Ferguson stated the City was approached by COD to help them repair their pool, which was a competition-only pool; it had no kids pool. He believed a competition pool could be used to teach children to swim, since two of his thee children learned to swim in the COD competition pool. The City was then informed that COD would not build a pool at all but would give the land to the City to replace their pool, which was where he got his direction. He noted the$2 million added feature was attractive; however, he 15 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 felt it eclipsed the role of recreation and exercise for youth at a costly amount and more of an entertainment complex. He thought the project got far away from the original goal to replace COD'S competition pool. Councilman Spiegel pointed out that COD did not have a competition pool. The pool had a shallow end where kids were taught to swim. It's what the camps used in the summer. The pool had no blocks to dive from, and it was never used for competition. He said if Council wanted a competition pool, then two pools would be needed to meet both needs. Mayor Pro Tem Benson stated the City always wanted a City pool for kids who didn't have one in their back yard. She said she was supportive of a smaller pool for play along with a competition pool but not a slow rider water feature. MR. TERRY SCHUKART, member of the Parks & Recreation Commission and Dean of Physical Education and Athletics at College of Desert, said that COD had two pools. One was a 3'/2- to 4-foot pool that graduated in depth for lane swimming and competition, the other one had a deep-end pool for diving and water polo;they served very different purposes.The question was if Palm Desert moved to build one pool, which one would it be. Responding to question about what was considered a competition pool, he replied that in the Coachella Valley, a competition pool was regulated for school activity associations to host regional competition in clubs and high schools,forwater polo and swimming. Further responding, he said a competition pool was typically 25 yards long for swimming with a depth of at least 4 feet. The problem with the COD pool was that it was only 3'/2 feet deep on both ends. Therefore, COD or the high schools couldn't use it for a regulation competition, but it could be used to practice. It was the same situation with the larger water polo pool. The pool was built in the `60s, and the requirement for competition swimming changed in the `70s to a longer water polo poot; therefore, the pool was two feet short. Councilmember Finerty asked what was the size and depth requirements were for a water polo/competition pool. MR. SCHUKART replied the minimum depth for a water polo pool is 6 feet, and some are 9 feet. The recommendation for a competition lap lane swimming pool is 4 feet in depth, with some at 6 feet. Councilman Ferguson asked if the Commission would provide a recommendation on what Council should do, or if they still wanted to go back and do the lazy river and surf rider. 16 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 MR. SCHUKART replied the Commission was supportive of staff's recommendation for a competition pool that would include a smaller pool for swimming, or a competition pool that would include water polo as well; they are two entirely different projects. Councilmember Finerty asked if it was possible to have different depths at each end of the pool to serve both purposes. She thought a lot of pools were constructed that way to accommodate both. MR. SCHUKART replied only when the land was appropriate for the size of such a pool. He agreed that it made sense from a foot-print point of view for construction and maintenance cost. However, there is a minimum depth- width requirement for the safety of children and others using the pool, and to build a large pool to accommodate both purposes, would be very close to the limitations on the available piece of land at COD. Councilmember Finerty asked if the Commission could go back and look at one pool that would accomplish both goals, and inform Council where it would be with the deck width and whatever other parameters needed to be considered. Councilman Ferguson stated he concurred with Mayor Pro Tem Benson. He shared that he was veryfamiliarwith aquatics and recalled in his experience there was a baby pool that was 2 to 3 feet maximum depth to get kids used to the water; with a deeper pool to learn to swim, a 25-yard lane competition pool that was mostly used by the high schools, and a diving well that also functioned as a water polo pool. If the question was whether to get a competition pool that was better than what COD had, the answer was yes. If the question was to have a small baby pool to acclimate children three and underto the water, he also didn't have a problem with that. His philosophical difficulty, was providing recreation for residents at a low enough cost to use versus an entertainment pool at $10.00, which would prohibit many from affording it. He felt there was a huge disconnect between the Parks & Recreation Commission and the Council,which he explained was the reason he was coming across so strong. MR. SCHUKART said one of the issues that got started early on was the $10.00 fee, which he was certain never came from the consultants or the Commission. He guessed the $10.00 fee was possibly the ceiling price for all-day use for all activities. He was in favor of limited use for a certain amount of time but didn't think $10.00 would be appropriate, nor would he support it. Councilman Ferguson said he got perspective when he called neighboring cities and learned that the City of La Quinta charged $5.00 a year for the use 17 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 of the pool, and the City of Palm Springs charged $2.00 per visit. He said he reviewed the staff report and didn't care for it or agree with the numbers, and the $10.00 fee was thrown out there. He said it's been Council's thought to provide a community pool; and if anyone looked to see what amount on-going amount was spent in the park system, Civic Center Park and the new Freedom Park, it would be millions. He went on to say that a lot of money was invested in parks and recreation, which Mr. Schukart was well aware of since he's on the Commission. The statement "if Council was willing to waste $358,000 a year;" was a terrible one. The question should be about providing a facility that offered recreational use for kids. He believed that's where Council was coming from or at least he was. MR. SCHUKART agreed and felt staff understood the question loud and clear. Councilmember Finerty asked if Parks& Recreation Commission could look at the feasibility of having one pool, as described previously, and having a baby pool as Councilmembers Ferguson and Benson related to and see how it penciled out, and have the Commission provide Council with a recommendation. Councilman Ferguson requested to amend the motion to include a more emphatic request to do away with the lazy river and surf rider. Councilmember Finerty moved to, by Minute Motion: 1) Direct Parks & Recreation Commission to evaluate the feasibility of having one pool that would accommodate teaching kids to swim with a depth of 3 '/z to 4 feet; additionally, a minimum depth of 6 to 9 feet to altow for competition pool, diving, and water polo activities, versus having two pools — baby pool and a separate pool for competition, and overall denying the lazy river aquatic facility that had been presented to Council at the last meeting. Councilman Ferguson requested amending the motion to have Parks & Recreation Commission return with a configuration that provided for competition, swimming, teaching children how to swim, and water polo in whatever configuration, in whatever number of pools necessary. Councilmember Finerty said she still wanted to see how it penciled out between one and two pools. Councilman Ferguson stated from his experience,you couldn't have all three functions in one pool, it was impossible. Councilmember Finerty agreed to amend her motion. Motion was seconded by Ferguson. 18 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 For the benefit of obtaining clarity, Councilmember Finerty withdrew her motion. Councilman Ferguson moved to, by Minute Motion: 1) Permanently discard the aquatic center concept that included lazy river and surf rider features; 2)direct the Parks& Recreation Commission to return to the City Council a recommendation on the best configuration to provide a three-function pool facility that will accommodate teaching small children to swim, have a competition lap pool, possibly diving, and/or a water polo area, if warranted. Motion was seconded by Finerty and carried by a 5-0 vote. F. REQUEST FOR APPROVAL OF THE PURCHASE OF SCULPTURE FROM THE 2007/2008 EL PASEO INVITATIONAL EXHIBITION FOR THE CITY'S PUBLIC ART COLLECTION. Public Arts Manager Richard Twedt stated the public had voted for their favorite sculpture from the four artworks selected. In the past two months, 255 qualified votes were received with 17 additional votes from non- residents. The winnerwas the sculpture"Danseur"by Jean-Louis Corbywith 181 votes; sculpture "Yesterday" by jd Hansen received 40 votes, and sculpture "EI Chupacabra" received 26 votes. Councilman Spiegel moved to, by Minute Motion: 1) Approve purchase of the bronze sculpture "Danseur" by Jean-Louis Corby from RE Welch Gallery, Palm Desert, California; 2) approve the amount of$102,472 for said purchase —funds are available in Account No.436-4650-454-4001. Motion was seconded Benson and carried by a 4-1 vote, with Councilmember Finerty voting NO. XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. LAFCO (Riverside County Local Agency Formation Commission) — Mr. Ortega announced that LAFCO approved the La Quinta Annexation request today. Although the City of Palm Desert sent a letter requesting a delay until the City Council had opportunity to consider the request along with continuing its sphere of influence,the LAFCO staff report indicated they were influenced more by what the residents and property owners there wanted. B. CITY ATTORNEY None 19 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 C. CITY CLERK None 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. Trio Recognition — Councilman Ferguson reminded staff to prepare and schedule presentation of the congratulatory proclamation for the Trio Store's 10th anniversary. o City Council Committee Reports: None o Citv Council Comments: 1. Freedom Park — Mayor Kelly reported he'd been in the Sacramento area this week on personal business and was able to visit Romo Studios, which was commissioned to provide the Veterans Memorial artwork at Freedom Park. He was most impressed with both the artist and the process, and shared photographs he'd taken of the sculpture foam molds that would be clad in clay, then cast in bronze. He felt the artist completely captured the concept envisioned by the subcommittee. Councilman Spiegel commented that Freedom Park would be opened to the public on June 9. Mayor Kelly added that the artwork would be dedicated on Veterans Day, November 11. 20 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 XIX. ADJOURNMENT Upon a motion by Spiegel, second by Ferguson, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting at 5:13 p.m. RICHARD S. KELLY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 21