Loading...
HomeMy WebLinkAbout2008-04-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 10, 2008 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:03 p.m. II. ROLL CALL Present: Councilmember Cindy Finerty Councilman Richard S. Kelly Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson Excused Absence: Councilman Jim Ferguson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Stephen P. Deitsch, Assistant City Attorney Sheila R. Gilligan, ACM for Community Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs Steve Brooker, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Dan Wilham, Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 NOTE: THE FOLLOWING ITEMS WERE LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 43-915 Portola Avenue, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Dianne Dorrough Trust Under Negotiation: x Price x Terms of Payment 2) Property: 43-895 Portola Avenue, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Rutilio & Dominga Perez Under Negotiation: x Price x Terms of Payment Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Benson adjoumed the meeting to Closed Session at 3:04 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Deitsch reported that earlier this afternoon, the City Council and Redevelopment Agency Board met in Closed Session in order to consider three items pertaining to Real Property Negotiations, as posted on the 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 Agenda and the Agenda Addendums. No reportable action was taken on those items. Additionally, he said the City Council considered one item of anticipated litigation under Government Code Section 54956.9(b). The City Council directed that the appeal in the matter of the partial revocation or modification of the Conditional Use Permit for Augusta's Restaurant, pertaining to the use of nighttime music, shall be heard by the City Council on May 15, 2008, at a continued regular meeting. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Richard S. Kelly VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS - B MS. TONI GUTIERREZ, Member of the Palm Desert Youth Committee, addressed City Council on behalf of the Committee, which supported the Joslyn Senior Center through various fund-raising activities. She said last year's event, a Junior -Senior Prom was very successful, where over 200 seniors participated with younger members of the community. On Saturday, April 12, the Committee will hold its second annual fund-raiser for the Senior Center, a Polynesian Garden Party, which will begin at 5:00 p.m. at the Senior Center on Catalina Way. She went on to say activities would include Polaroid photos, a hula contest, flame -throwing demonstrations, a ukulele serenade, limbo competition, sing-alongs, and refreshments. She also invited City Councilmembers and staff to purchase tickets for the event at $5.00 each. Mayor Benson thanked Ms. Gutierrez for her remarks and for her contributions to the Youth Committee, noting that the Senior Center was glad to have its support. She was also aware that last year's event was very successful and was certain this year's would be even better. Lt. Taylor invited Mayor Benson to come down in front of the dais to receive a presentation from the City of Desert Hot Springs. Capt. Wilham recalled for City Council that in the first few months of 2008, the Palm Desert Police Department assisted the City of Desert Hot Springs with a traffic program, and its Mayor Yvonne Parks and Chief of Police Pat Williams wanted to attend today's meeting to personally thank Mayor Benson and the City Council for this contribution. CHIEF OF POLICE PAT WILLIAMS, City of Desert Hot Springs, said that on behalf of the City of Desert Hot Springs Police Department, he offered thanks and appreciation to then -Chief of Police Steve Thetford and Captain Wilham, Lt. Taylor, and the Motor Officers for the wonderful support his community received at a time 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 when it was needed. He said they were very fortunate to receive and appreciative of the efforts made by the Palm Desert Police Department and the City of Palm Desert. MAYOR YVONNE PARKS, City of Desert Hot Springs, thanked all City Councilmembers for their assistance by providing her city with two motorcycles and allowing two Palm Desert Police Department/Sheriff's Department officers to provide traffic control. She said they wanted to present two plaques, one for the City Council and one for the Palm Desert Police Department/Sheriffs Department. She read from the plaque to the City Council: "On behalf of the City of Desert Hot Springs and the full City Council of Desert Hot Springs, in appreciation of your partnership and leadership in supporting effective traffic safety enforcement and education for the residents of the City of Desert Hot Springs." Mayor Benson and Capt. Wilham accepted the plaques and thanked the officials for the recognition. Mayor Benson commented that the City of Palm Desert and Council were very concemed over the accident that led to sending its officers to provide traffic control. She said everyone was very sympathetic when something like that happened in a neighboring Valley city, and the City tried to think of a way it could help. Lt. Taylor introduced two Palm Desert Police Officers who had recently been reassigned, Officer Bill Conway and Officer Mark Hanson. He said Officer Conway had been in law enforcement for 17 years, had recently completed the required training and was now assigned as one of the City's Motorcycle Officers. He said Officer Hanson had been with the Department for over 12 years, working in the Traffic Division for an extended period of time, and he had now taken over as the Commercial Vehicle Enforcement Officer. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE — MARCH 2008. On behalf of the City Council, Mayor Benson and Mr. Ortega recognized the following employees for meritorious service above and beyond the call of duty: Steve Aryan, Sharon Christiansen, Cherie Thompson, Debra Lee, Wilma Michelson, and Lori Wimbish. Mayor Benson commented that it was always a pleasure to honor the City's employees, because they mean so much to the City Council and make the City of Palm Desert shine all the time. She personally congratulated the honorees. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 27, 2008. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 206, 207, 211, 212, 216, 217, 221, and 222. Rec: Approve as presented. C. CITY'S/AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for November 2007, December 2007, January 2008, and February 2008 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by American Male, 36-901 Cook Street, Suite 5, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jalapeno's Spicy Mexican Grill, 72-286 Highway 111, Suite J5, Palm Desert. Rec: Receive and file. F APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sushi Cafe, 36-901 Cook Street, Suite 6, Palm Desert. Rec: Receive and file. G. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meeting of January 29, 2008. 2. Parks & Recreation Commission Meeting of February 19, 2008. Rec: Receive and file. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 H. REQUEST FOR ADOPTION of Resolutions Authorizing Destruction of Paper Files from the Department of Building & Safety That Have Been Digitally Imaged Onto CDs. Rec: Waive further reading and adopt Resolution: 1) No. 08-19 for October 2007 records; 2) No. 08-20 for November 2007 records; 3) No. 08-21 for December 2007 records; 4) No. 08-22 for January 2008 records. I. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU) Between the City of Riverside and the City of Palm Desert for the "Avoid The 30 Enforcement Program" (Contract No. C27560). Rec: By Minute Motion, approve the subject MOU between the City of Riverside and the City of Palm Desert to participate in the "Avoid The 30 Enforcement Program" grant that will be administered by the City of Riverside. J. REQUEST FOR AUTHORIZATION to Expend CaI COPS Grant Funds (Supplemental Law Enforcement Services Fund - SLESF) 2007/08 to Purchase 500 City of Palm Desert Police Uniform Patches. Rec: By Minute Motion: 1) Authorize the expenditure of CaI COPS Grant Funds (Supplemental Law Enforcement Services Fund - SLESF) 2007/08 to purchase 500 City of Palm Desert Police uniform patches in an estimated amount of $1,131.38; 2) authorize the use of West End Uniforms as a sole source vendor for this product. K. REQUEST FOR APPROVAL of Honorariums for Each of the Four Artists Presenting Proposals for the Painter's Path Project (Contract Nos. C27570A-D). Rec: By Minute Motion, approve honorariums in the amount of $2,000 each to Gary Price, Dee Clements, Terry Allen, and Clay Dahlberg for the Painter's Path Project — funds are available in Account No. 436-4650-454-3010. L. CONSIDERATION of Legislative Review Committee Action on AB 2069 (Jones) — Residential Development. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 25, 2008, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2069 (Jones). 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 M. CONSIDERATION of Legislative Review Committee Action on AB 2097 (Coto) — Low and Moderate Income Housing Fund. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 25, 2008, meeting, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 2097 (Coto). N. CONSIDERATION of Legislative Review Committee Action on AB 2335 (Nakanishi) — Building Permits. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 25, 2008, meeting, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 2335 (Nakanishi). O. CONSIDERATION of Legislative Review Committee Action on AB 2601 (Benoit) — Vehicle License Fee. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 25, 2008, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2601 (Benoit). P. CONSIDERATION of Legislative Review Committee Action on AB 2604 (Torrico) — Developer Fees. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 25, 2008, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2604 (Torrico). Q. CONSIDERATION of Legislative Review Committee Action on AB 2676 (Calderon) — Transient Occupancy Taxes. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 25, 2008, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2676 (Calderon). 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 R. CONSIDERATION of Legislative Review Committee Action on SB 1433 (Wyland) — Mobile Home Parks. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 25, 2008, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 1433 (Wyland). S. CONSIDERATION of Legislative Review Committee Action on SB 1473 (Calderon) — Green Buildings. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 25, 2008, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 1473 (Calderon). T INFORMATIONAL REPORTS: 1. 2007 Annual Public Safety Reports. 2. Report Outlining the Process for Changing the Street Name from Highway 74 to Monterey Avenue. Upon motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 08-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SURRENDERING THE PERMIT FOR THE COACHELLA VALLEY FRINGE -TOED LIZARD HABITAT CONSERVATION PLAN. Mr. Ortega stated the City will surrender the Permit for the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan because it will now be operating under the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), which was recently adopted. Councilman Kelly moved to waive further reading and adopt Resolution No. 08-23. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 B. RESOLUTION NO. 08-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPLACING AND SUPERCEDING RESOLUTION NO. 94-88, RELATING TO THE PRODUCTION OF DOCUMENTS. Mrs. Klassen stated this action will update the current Resolution, which was adopted in 1994. The current Resolution didn't address electronic records or the fee study that reflects the actual cost to reproduce documents at 15 cents per page and not 10 cents. She said the City was limited in what it could charge for records copied in response to a subpoena, which remained at 10 cents a copy. However, it will allow the City to recover costs for other standard public records requests. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 08-24. Motion was seconded by Kelly and it carried by a 4-0 vote, with Ferguson ABSENT. XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1153 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUIRING COMPLETION OF A COURSE ON OVERSEEDING ALTERNATIVE AS A PREREQUISITE FOR ISSUANCE OF A BUSINESS LICENSE TO LANDSCAPE -RELATED BUSINESSES IN THE CITY OF PALM DESERT. Landscape Manager Spencer Knight stated this Ordinance was generated by the Coachella Valley Association of Governments (CVAG) and has been approved by a number of other municipalities. The purpose of this Ordinance would be to help further the educational process for the landscape profession in a different method of overseeding during the winter time. This new method decreases particulate matter thrown into the air and uses Tess water in the process. Councilman Kelly asked what response will be given to those large landscaping companies that are required to complete the course and complain about those small operators who don't bother getting a permit and continue to landscape without taking the class. Mr. Knight responded he would rather have 50% of the landscapers using the new method than none. He didn't think everyone could be corralled because CVAG had a pamphlet out and advertised the program since the year 2000, and it hasn't been effective. He wasn't sure how the City could 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 reach all of the landscape profession, but implementation of this Ordinance was another step towards getting the information out. Mayor Benson asked that if the Ordinance was approved, if a brochure could be mailed out explaining the benefits prior to a business license expiring, so that notification was provided. Mr. Knight responded the matter was discussed with Finance Director Paul Gibson, who's planning on mailing out a letter to all the licensed landscape contractors in Palm Desert. He was also informed that CVAG was gathering a mailing list from all the municipalities in order to send out an announcement letter with the dates for the training classes. Further responding, he confirmed all business licensees expired at different times, and it would take a lot of time to find out how many needed to be renewed. Councilman Kelly moved to waive further reading and pass Ordinance No. 1153 to second reading, with additional direction that staff provide adequate notification to all business licensees and applicants about the CVAG certification classes. Motion was seconded by Spiegel. Mayor Pro Tem Spiegel suggested advertising the course free of charge to Palm Desert residents, who didn't have a license and cut their own grass, so they could learn how do their own landscaping more economically and effectively. Mr. Knight responded City staff could provide the same training to City residents, but the certification being presented by CVAG was a two-part component program that involved Air Quality Control Board (AQMD) staff on particulate matter, and training on the alternative overseeding method, which were funded by grant monies. Councilman Kelly agreed to amend his motion to include notification that the City will offer a class on the overseeding altemative for residents who perform their own landscaping work. Motion was seconded by Spiegel and it carried by a 4-0 vote, with Ferguson ABSENT. For Adoption: None 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL OF A DECISION BY THE DIRECTOR OF COMMUNITY DEVELOPMENT, REVOKING A HOME - BASED BUSINESS PERMIT FOR SANCHO'S LANDSCAPING — 77-740 DELAWARE PLACE (APN 637-160-039), PALM DESERT Case No. Home -based Business Permit No. 05-34941 (Manuel and Trudy Sanchez, Appellants). Mr. Ortega stated staff had recommended a continuance of this matter pending inspection of the property; however, the second inspection of the property was made, and staff was ready to make a recommendation for Council to consider. He noted the Appellants were present. Mayor Benson stated the letter from the City Attorney indicated the matter would be continued until the second inspection took place. Ms. Aylaian responded staff was able to improve upon the schedule, because the Appellants complied with the first inspection and accelerated the second inspection. Staff conducted the second inspection of the premises and was prepared to make a recommendation this evening rather than continue the matter. Further responding, she said the remedial work for the conditions to the Notice to Abate had been satisfactorily performed, and staff recommended Council uphold the revocation of the home -based occupancy permit, but authorize staff to issue a new permit with tighter restrictions and perhaps quarterly inspections to avoid a recurrence. MS. YOLANDA STEGER, stated she was not used to speaking to such exalted company and apologized if any mistakes were made in doing so. She said she lived immediately behind the Sanchez property on Edinborough Street and had received notification of this meeting. She said the homes on Edinborough backed up to the homes along Delaware Place. She once had a large vehicle battery thrown over the wall into her yard. It didn't get thrown over from the Appellants' property, but she was emphasizing the danger one can experience when properties backed up to a residential property. She finally looked at the subject lot, and although it was very neat and tidy, she could see there were many trucks, which appeared to be an active business. She said her street is a quiet residential area where people want to bring up their families in a peaceful environment, and she did not take kindly to the idea of having a business backed up to her property without a roadway between them. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 MRS. TRUDY SANCHEZ, Appellant, thanked the Council for the opportunity to share their side of the story and stated she and her husband owned and resided at 77-740 Delaware Place, CA. She said the City Council made some decisions at previous meetings based on false information. The first one being that all the neighbors were upset and constantly complaining because they could see a lot of landscaping, trees, shrubs, and equipment in their front yard, which was what started the problems and inspections. She said nothing in their backyard was visible from the front of their home, which indicated to her that none of her neighbors to the front of her street were complaining. She said at the January 10'h City Council meeting, Council was told the Sanchez's owned and operated a nursery from the subject property, which was false information; consequently, their business permit was revoked. She said they've never owned or operated a nursery from any property, and their plants were bought from a nursery for their own use. She learned that complaints received by the City were from her neighbor, a lady who lives directly behind her property. She said a six-foot brick wall separated the two properties, and in order for this neighbor to look into the backyard, she has to stand on a ladder, which they've observed her doing. She was told this had become a miserable situation for Code Compliance because complaints still had to acted upon, even if they were considered "silly." All attempts to work things out with the neighbor have been unsuccessful, and she didn't know what the answer was to resolve this conflict. She said as long as this lady continued to be a neighbor, they will continue to have problems, which she thought wasn't right. She felt they've been harassed and felt hopeless and helpless about the situation, and that they no longer had any privacy. Councilmember Finerty referenced Item No. 3 of the Conditions of Approval included in the staff report that states, "Outdoor storage of plant materials, irrigation equipment, or any such material used in association with a home based business shall not exceed what is typical for the Residential Estate Zone." She asked what would be the reason for having so much plant material and pots in the yard as illustrated in the photographs provided in the staff report. MRS. SANCHEZ responded that in order to come into compliance, they had to get rid of the plant material and three water fountains that were going to be used in their backyard, which took them three years to accumulate. She said they purchased their home three years ago and could only afford to landscape their front yard. They had started working on the side yard and a fence, but not in their backyard. They no longer have the plant material and will have to start from square one. She asked if they will ever be able to landscape their backyard the way they choose to, or be prohibited only because a neighbor liked to be on her ladder watching over into their property. Responding to question, she said Code Compliance Officers knew 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 it was not a nursery business and also knew complaints were coming from this particular lady who lived directly behind their property. She said she liked the neighborhood and had lived there long enough to say her neighbors were their friends. Mayor Pro Tem Spiegel asked what the nature of the business was. MRS. SANCHEZ replied the landscaping business belonged to her husband, who was also present this evening. Responding to question about the products being brought home, she said at times trips were made to Mexico to buy pots for their own home but hadn't been placed. Mayor Pro Tem Spiegel and Mayor Benson asked if the landscaping business involved any products being held at the residence, and if the business operated from an office within the residence. MRS. SANCHEZ explained their landscaping business was operated within an office out of a garage, they stored a truck, and did have landscaping materials, like garden hoses that were rolled up or hooked up to water plants. She noted it was a large piece of property. However, all the plant material was now removed, including the trees that provided screening from the neighbor and dirt from the adjacent vacant property, which now blew into their house. Mayor Pro Tem Spiegel stated he and Mayor Benson requested that staff take them out to the property, and his recommendation was to continue the matter until they've had an opportunity to do so. Mayor Pro Tem Spiegel moved to, by Minute Motion, continue this matter to the meeting of April 24, 2008, to allow for the final inspection, as outlined in the letter dated March 3, 2008, from Best, Best & Krieger (copy attached to the accompanying staff report). Mayor Benson seconded the motion. Councilmember Finerty concurred. MR. MANUEL SANCHEZ, 77-740 Delaware Place, Palm Desert, CA, stated he was the owner of Sancho's Landscaping and was present to respond to the business license matter and to address false statements made that he's never been in compliance. He was pleased to see Associate Planner Ryan Stendell present, because he, along with Code Compliance Officer Pedro Rodriguez, were the ones who initially contacted him and instructed him to comply, and he did. The neighbor who looks over the fence and takes pictures has been reported to the Sheriffs Department, but he was told it was not against the law if the party stayed on their own side of their property. Their Jacuzzi wasn't being used for fear of having their picture taken. The 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 Police Department has gone over to the neighbor's house to try and make contact, along with his own attempts, and he's even left a business card on her door in hopes of resolving the matter, but the neighbor has never responded. Code Compliance told him not to worry and that they were just going to ignore her complaints. However later, Code Compliance Officer Johnny Terfehr , whom he was unable to identify as a City employee because he was wearing Levi shorts and a purple shirt, was on his property without permission, and he called the Sheriffs Department on Mr. Terfehr. As an ex -police officer, he recommended that Palm Desert Code Enforcement Officers wear uniforms for identification. He said if the City of Indio could afford uniforms for its employees, he was sure Palm Desert could afford them too. He said he's been robbed and burglarized in the past, and trash had been thrown into his backyard because it was an open roadway. He noted the City had finally given them that piece of property, which he also mentioned to Mr. Terfehr, but Mr. Terfehr was persistent in trying to make a case to walk onto his property. He called the Sheriffs Department and asked that it be documented, because the next time Mr. Terfehr was on his property, he will detain him and have a police officer place him under citizen's arrest. He said it felt like he had to break the law to enforce the law. He was told that the City Manager had given instructions for Mr. Hart's home, which was directly across the street from his home, to be left alone, and it's never been landscaped. He said that was selective enforcement, and it wasn't fair. He claimed he's never been notified prior to any of the meetings and that he had to pay $215 to finally be heard. He went on to say it was embarrassing to have a Public Nuisance notice posted on his garage door for all the neighbors to see, and that a simple phone call or letter would have been sufficient. He said he's never been given the decency or the common courtesy to be notified in time to contest the matter, and is later notified of Council's decision. MR. RICHARD WEST, Delaware Place, Palm Desert, CA, stated he's lived on the street for 25 years. He said in the past, other issues had been brought before the Council because they were a chosen area that had one -acre parcels, where contractors and landscapers worked out of their offices. He'd like to think they've been given a special kind of dispensation just because it was an interesting area and thanked the Council for incorporating the area when it did. He said he was not insulted by anything Sanchez Landscaping did on their street. He said his neighbor across the street had a landscaping outfit, and he supposed if his yard was looked into, one may be insulted by lawnmowers and garbage carts. He said Mr. Sanchez provided a very clean presentation and had done wonders with the house since Paul White passed away. On behalf of a few people that lived there, they were not insulted by the Sanchez's street presentation, but if one was going to be a "nosey neighbor," you could be insulted. He personally kept a forklift on his property from his days in the general 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 contracting business. He said it was the nature of the area where there was an eclectic, Bohemian bunch. Many Tots are 1,000 square feet of tear -down with nothing but tumbleweeds in their backyards that are adjacent to the Sanchez's property of 9,000 square -feet, with mega -mansions on the same street. He said it was an interesting area and hopefully they could learn to self -police. Councilman Kelly stated in the letter from Mr. and Mrs. Sanchez, they claim they've never run a nursery, yet further in the letter, they state the complaints have caused them to have their business license revoked. He questioned if they ran a business or not, otherwise what license was revoked. Associate Planner Ryan Stendell clarified it was a landscaping business. He said the perception the Sanchez family had always given to the Planning Department was that the plant material in the rear of the property was for personal planting around their property, and it would eventually be planted. The business license from the City was strictly for landscaping services only, which entitled one business vehicle, an office, and various ancillary items. It did not allow for plant material, etc. Further responding, he said the business license was technically revoked, which the Sanchez's were appealing before the Council this evening. Mr. Deitsch explained the Administrative staff revoked the license, but it's been appealed. During the appeal process, the license remains in effect until a decision is made. Mayor Benson stated that based on Stacey Shalhoub's letter from Best, Best & Krieger dated March 3, where two inspections were scheduled, she agreed with Mayor Pro Tem Spiegel that they should go out and look at the property because she felt there was some confusion. Councilman Kelly stated he was not opposed to a continuance, but there seemed to be some controversial accusations that disturbed him. He cautioned anyone from making accusations, because there were many aspects of the matter that didn't jive. The Appellants indicated they didn't have a business, yet they were worried about their business license; they claim the plant material was for their personal use, yet it wasn't used. He was willing to continue the matter but felt Council had to step up to the plate and decide whether the City had a law or not. Mayor Benson called for the vote and it carried by a 4-0 vote, with Ferguson ABSENT. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 B. REQUEST FOR AWARD OF CONTRACT FOR THE 2008 CITYWIDE RESTRIPING PROJECT (CONTRACT NO. C27470, PROJECT NO. 564-08). Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Award the subject contract to JP Striping, Inc., Beaumont, Califomia, in the amount of $315,000; 2) set aside a 10% contingency for the contract in the amount of $31,500; 3) appropriate $196,500 from Unobligated General Fund to the Project Account, No. 110-4315-433-3320 for the contract; 4) authorize the Mayor to execute said contract. Motion was seconded by Kelly and carried by a 4-0 vote, with Ferguson ABSENT. C. REQUEST FOR AWARD OF CONTRACT FOR THE CITYWIDE DRYWELL REMOVALS PROJECT TO SIMON CONTRACTING (CONTRACT NO. C27580, PROJECT NO. 500-08). Responding to question, Mr. Greenwood replied the subject drywells were installed over the past 8-10 years, and they had failed due to the excessive volume of water that entered into them and were no longer effective. They left puddles of water on the street continuously, and the City received complaints about the potential for mosquito breeding. Staff will backfill these particular drywells and seek another method. Mayor Benson noted under List of Repair Locations, the word "will" needed to be substituted with the word "build" for all 18 items. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Award the subject contract to Simon Contracting, Indio, California, in the amount of $100,214; 2) set aside a 10% contingency for the project; 3) authorize the Mayor to execute said contract. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF THE AMENDED CITY OF PALM DESERT CELLULAR PHONE POLICIES (Continued from the meeting of March 27, 2008). Mayor Pro Tem Spiegel moved to, by Minute Motion, approve the Amended Wireless Cellular Phone Stipend Policy and the Push -to -Talk Cellular Phone Policy. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 XVI. OLD BUSINESS A. REQUEST FOR FURTHER DISCUSSION ON THE IMPLEMENTATION OF ONE OF TWO ALTERNATIVES TO COMPLETE THE WIDENING OF SOUTHBOUND PORTOLA AVENUE BETWEEN THE WHITEWATER BRIDGE AND MAGNESIA FALLS DRIVE (PROJECT NO. 657-08). Mr. Ortega noted Council had previously considered this item; however, further consideration was requested by a member of Council. He asked Director of Public Works Mark Greenwood to illustrate both alternatives on a map and explain what was really involved. Council could then decide to continue with the previous action or choose/give an alternative action. Responding to Councilman Kelly's question about a motion to reconsider, Mr. Deitsch replied Council could decide to reconsider after staffs presentation. If final action had already taken place, the motion could then be to reconsider; it would have to be made by someone who voted with the majority. Mayor Pro Tem Spiegel stated the vote was 3-2 of the City Council. Ms. Klassen stated she believed the City's Municipal Code stated that a reconsideration could occur at the same meeting. Mr. Deitsch replied he was inclined to recommend that the Chair apply her discretion of Robert's Rules of Order logically and not necessarily literally; the same would apply with the Municipal Code provision that mimicked Robert's Rules of Order. He agreed with Councilman Kelly that a motion to reconsider was in order. Mr. Greenwood stated there were at least two distinct choices to address adding a sidewalk and/or right -turn lane on Portola on Magnesia Falls. He illustrated both alternatives on a map, one was the full widening with sidewalk, landscape area, and combination retaining wall/soundwall. The second alternative would provide the existing curb, sidewalk, a small landscape area between the back of the sidewalk and the existing property wall. Due to the elevation changes, staff didn't believe they could accomplish this project plus the sidewalk, without having to rebuild the property line wall. He said staff supported the larger, more expensive project with the south right-hand turn lane on Portola Avenue and Magnesia Falls. He said staff recently did a traffic count at that intersection and found that 20% of all of the southbound traffic on Portola Avenue turned right onto Magnesia Falls, at least in the peak hour, which was significant. A typical intersection might be 10%, so it did have a heavy right-hand turn volume, 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 and it did impede through traffic. If the larger project with the full widening was chosen, the project would be eligible for 50% reimbursement from Coachella Valley Association of Governments (CVAG), which would help defer the City's cost. Further responding, he said the minimum project would provide the sidewalk with some landscaping behind it, would require rebuilding of the property wall and relocation of utilities. He confirmed the sidewalk on both options was eight feet wide. Mayor Benson stated she didn't feel the full widening was justified for the cost at this time. Mayor Benson moved to, by Minute Motion, approve reconsideration of the widening and sidewalk along Portola Avenue. Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT. Mayor Benson moved to, by Minute Motion, approve the minimum widening and construction of the sidewalk along Portola Avenue between the Whitewater Bridge and Magnesia Falls Drive. Councilman Kelly stated he originally made the motion the previous time, and he understood very clearly there were two options. His main concern was that there be a sidewalk because of the dangers of not having one. He's noticed kids walking on the wall, and the traffic lane was right below. However, he felt it was important to do everything possible to move the traffic on Portola Avenue, because he's noticed people waiting for the signal with other vehicles behind that could move forward and turn right if that right -turn lane was there. He felt very strongly about traffic on those two main lanes on Portola Avenue flowing. He believed anytime the City could dedicate a right - or left -turn lane, it should do so. He said there wouldn't be much of a difference with the funding, because Measure A would reimburse 50% for putting in a right -turn lane. It was his understanding the owner of that location was not opposed, but if he was, the less costly option could be looked at. Councilmember Finerty stated she had an opportunity to speak with Palm Desert Middle School Principal Sallie Fraser to explain the situation Council was facing and was able to gamer her thought on the matter. Ms. Fraser felt a sidewalk was needed for the safety of children, but she was also concerned that traffic would back up in that number two lane, with people becoming impatient and attempting to pass. Mr. Greenwood's statement that 20% of the vehicles would make a right turn there, considering that the typical was 10%, also persuaded her decision. She agreed with Councilman Kelly's comments, that even though it was a $1.8 million project, Measure A would reimburse 50% and bring that cost down to $900,000; or spend $350,000 and only obtain a sidewalk and some landscaping with no 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 reimbursement. The difference in cost between the two options for the full widening and right-hand turn lane was $550,000. She said additional factors considered were the 1-10 and Portola Avenue Interchange, the addition of a signal at Frank Sinatra and Portola Avenue, and nearby schools, which will make Portola Avenue a major arterial; she believed it was Council's responsibility to ensure traffic moved safely. She concurred with Councilman Kelly's position. Mayor Pro Tem Spiegel seconded the motion, and it received NO ACTION on a 2-2 vote, with Spiegel and Benson voting AYE, Finerty and Kelly voting NO, with Ferguson ABSENT. Mayor Benson stated the action taken at the March 27, 2008, Meeting, then stands. XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK 1. Consideration of the September 25, 2008, City Council Meeting Relative to the League of California Cities Annual Conference in Long Beach, September 24-27, 2008. Councilman Kelly, Mayor Pro Tem Spiegel, and Councilmember Finerty stated they were planning on attending the Conference. Ms. Klassen suggested monitoring projects coming up and possibly cancelling the meeting, which had been done in the past. With City Council concurrence, staff was directed to cancel the September 25, 2008, Meeting but monitor projects and action items in case an adjourned meeting was required for the second meeting in September. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 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: None o City Council Committee Reports: None o City Council Comments: 1. Groundbreaking for Cravens Building at COD — Mayor Pro Tem Spiegel reported that at 10:00 this morning, a groundbreaking ceremony was held for the Cravens Building at College of the Desert, which will be the last of the three major buildings to be constructed in the expansion project. He said it was well attended, Mr. Ortega was there, and it was a great presentation. XIX. ADJOURNMENT Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with Ferguson ABSENT, Mayor Benson adjoumed the meetingiat 5:05 p.m. diC10,4(/ M. BENS'ON, MAYOR ATTEST: RA H LLE D. KLASSEI�V, CITY C[ERI CITY OF PALM DESERT, CALIFORNIA 20