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Home My WebLink About2008-04-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 24, 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 3:00 p.m. II. ROLL CALL Present: Councilman Jim Ferguson Councilmember Cindy Finerty Councilman Richard S. Kelly Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Patrick Conlon, Director of the Office of Energy Management Janet Moore, Director of Housing Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs J. Luis Espinoza, Assistant Finance Director Steve Brooker, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 44-854 San Clemente Circle, Palm Desert (APN 627-071-023) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Peggylee F. Bridwell Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs, LTD., v. City of Palm Desert, et al., Riverside County Superior Court, Case No. INC053903 b) City of Palm Desert v. County of Riverside (Lamar Advertising), Riverside County Superior Court, Case No. RIC485078 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Mr. Erwin announced as part of the Closed Session that the City Council will be conducting, it will be discussing the case of City of Palm Desert vs. County of Riverside (Lamar Advertising) with its designated litigation counsel in the matter. Mayor Pro Tem Spiegel asked for consideration of adding another case of potential litigation related to the Claim Against the City (#619) item, which was listed under Section X - Consent Calendar of this agenda. Upon a motion by Ferguson, second by Spiegel, and 5-0 vote of the City Council, one case of potential litigation was added to the Closed Session agenda. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Govemment Code Section 54956.9(b): Number of potential cases: 1 With City Council concurrence, Mayor Benson adjourned the meeting to Closed Session at 3:02 p.m. She reconvened the meeting at 4:03 p.m. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 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 - Councilmember Cindy Finerty VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B MR. RANDY BUCHSBAUM, Via Palomino, La Quinta, CA, announced to the City Council that he represented a product called "Cool and Save," a mini -misting system that attaches to the central air conditioning (A/C) unit and operates off the existing water line. He said it can be self -installed in about five minutes and creates a cool zone around the A/C unit that reduces the enduser's electric consumption by 20% - 30%. He went on to say the misters were set to push away from the A/C and not directly into it, relating that he'd previously lived in Whitehawk in Palm Desert with Southern California Edison service and had electric bills as high as $900/month in the summer. The product was Energy Star qualified, and he hoped to promote it as an energy saver. He said it came complete with full printed installation instructions and a DVD, and he encouraged anyone interested to contact him at (760) 836-8010. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF APRIL 2008 AS "NATIONAL CHILD ABUSE PREVENTION MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Benson presented the framed proclamation to Mr. Jim Powell of the Prevent Child Abuse Riverside County organization. She went on to say that this was an issue that concerned everyone greatly, and that the City had recognized the month -long designation for the past several years. She added that she was very honored to have been recognized previously with an award from the group for her work on behalf of children and families. MR. JIM POWELL of Prevent Child Abuse Riverside County (PCARC), a non-profit and the lead agency designated by the Riverside County Board of Supervisors to coordinate prevention and intervention efforts for child abuse, accepted the proclamation. He said since April was Child Abuse Prevention 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 Month, he left a supply of posters that featured the work of a local artist, a victim of child abuse himself. It illustrates a young boy still sad, but the theme of the painting moving from darkness to light. His organization wanted to make it known that child abuse happens to one of every four girls and one of every six boys by the age of 18 years. Specifically with this year's poster, it was PCARC's goal to address child abuse happening to boys, since there is a great under -reporting of these incidents. Families, and particularly men, were encouraged to be familiar and comfortable enough to talk about child abuse. Additionally, he left a supply of enamel Blue Ribbon pins, signifying Child Abuse Prevention Month, a design created in 1989 by a grandmother on the East Coast after her grandchild was killed by her daughter's abusive boyfriend, as a reminder of the bruises that her grandchildren suffered. Mr. Powell thanked the City Council for proclaiming April 2008 as Child Abuse Prevention Month. B. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF MAY 2008 AS "MENTAL HEALTH MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Benson presented the framed proclamation, adding that the City Council was happy to proclaim and give recognition to this important issue, because it was well aware of the importance of organizations that deal with all the issues facing society in everyday life. CAPT. MARK MILLER, Indio Police Department, received the proclamation as a member of the Desert Mental Health Board of Riverside County. He said the Board wanted to call attention to the effects of mental illness on everyone it strikes —many families across all social boundaries. Further, he said they also hoped to erase the stigma associated with mental illness, because many times its victims can be treated properly and return to lead normal lives. On behalf of the Desert Mental Health Board, he thanked Mayor Benson and the City Council for this recognition. C. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF MAY 5 - 11, 2008, AS "BUILDING AND SAFETY WEEK 2008" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Benson presented the framed proclamation to City of Palm Desert Director of Building & Safety Russell Grance. She said here, too, the City's Building & Safety Department performed a significant function for all Palm Desert's residents and visitors. Mr. Grance expressed his appreciation and remarked that the recognition was intended to call attention to the important role that Building and Fire 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 Department personnel performed to ensure that all the buildings that we live, eat, sleep, and play in are built to the minimum standards and as safe as they can possibly be. He said this year Building Department personnel would be manning a table in front of Lowe's Home Improvement Store on May 10 between 9:00 a.m. - 2:00 p.m. to answer any of the public's questions and to hand out brochures and literature. D. APPOINTMENT TO THE ARCHITECTURAL REVIEW COMMISSION. Mayor Pro Tem Spiegel moved to, by Minute Motion, appoint Pam Touschner to the Architectural Review Commission to fill the unexpired term of Ray Lopez (term 12/31/08). Motion was seconded by Finerty and carried by a 5-0 vote. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 10, 2008. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 223, 227, 228, 229, 233, and 234. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#619) by Paul Leprevost in an Unspecified Amount. Rec: By Minute Motion, reject the Claim, which is being tendered to the contractor, Herman Weissker, Inc., and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#620) by Mercury Insurance (Eric Armstrong) in the Amount of $55,221.63. Rec: By Minute Motion, reject the Claim, and direct the City Clerk to so notify the Claimant. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Roc's Firehouse Grille Station 2, 36-891 Cook Street, Suite 10, Palm Desert. Rec: Receive and file. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 F CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Public Safety Commission Meeting of March 12, 2008. 2. Youth Committee Meeting of March 3, 2008. Rec: Receive and file. G. LETTER OF RESIGNATION from Harry Church - Citizens' Advisory Committee for Project Area #4. Rec: Receive with very sincere regret. H. REQUEST FOR AUTHORIZATION for the Mayor to Execute the National Pollutants Discharge Elimination System (NPDES) Implementation Agreement (Contract No. C13360A). Rec: By Minute Motion, authorize the Mayor to execute the National Pollutant Elimination Discharge System Stormwater Discharge Permit Implementation Agreement. I. REQUEST FOR APPROVAL of the Purchase of Panasonic Toughbook® Field Computers for the Department of Building & Safety in the Amount of $32,000. Rec: By Minute Motion, approve the purchase of seven (7) Panasonic Toughbook® field computers in the amount of $32,000 for field inspection personnel for the Department of Building & Safety — funds are available in Account No. 110-4420-422-4040. J. CONSIDERATION of Request from the Palm Desert Police Department for Authorization to Expend Cal COPS Funds (Supplemental Law Enforcement Funds [SLEF]), Specifically to Staff and Implement an Additional Sobriety/Drivers License Compliance Checkpoint. Rec: By Minute Motion, approve Cal COPS Funds expenditure and authorize the Palm Desert Police Department to staff and implement an additional Sobriety/Drivers License Compliance Checkpoint in the City of Palm Desert in the amount of approximately $15,000 — funds are available in the Cal COPS Supplemental Law Enforcement Funds, Account No. 229-4210-422-3914, and no additional appropriation is required. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 K. CONSIDERATION of Request from the Palm Desert Police Department for Authorization to Expend Cal COPS Funds (Supplemental Law Enforcement Funds [SLEF]) for the Purchase of 20 Digital Cameras, Recorders, Cases, Memory Cards, and Related Accessories. Rec: By Minute Motion, approve Cal COPS Funds expenditure for: 1) Purchase of 20 digital cameras, recorders, cases, and memory cards to outfit the next phase of the Police Department staff; 2) purchase of 30 sets of rechargeable batteries and chargers to support the Department's existing cameras and for the new units — funds are available in the Cal COPS Supplemental Law Enforcement Funds, Account No. 229-4210-422-3914, and no additional appropriation is required. L. CONSIDERATION of a Recommendation to Support Pending Legislation — AB 2564 (Garcia) — Irrigation Districts. Rec: By Minute Motion, authorize the Mayor and City Council to send a letter of support for AB 2564 (Garcia). Upon a motion by Spiegel, second by Finerty, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. Xl. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 08-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, IN OPPOSITION TO THE GOVERNOR'S PROPOSED 2008-2009 BUDGET RELATIVE TO EDUCATION FUNDING. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 08-25. Councilman Kelly stated he understood there was a State budget deficit but was concerned he hadn't reviewed the budget or felt he was familiar enough on the matter to take action. He agreed more education funding was needed; however, he wondered if the school districts had too many counselors, or the like, that maybe some of those positions could be cut. Mayor Benson stated she read in the newspaper that each school district had already decided what to cut from their budget, if the Govemor's 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 proposed $4.4 billion cut was passed, and she didn't think it was up to the City Council to be reviewing the District's budget. Councilmember Finerty concurred with Mayor Benson's comment. She said Desert Sands Unified School District was capable of figuring out what needed to be done. She said the District had recently met, and it seemed they were saving a few positions, and some employees had chosen early retirement. She also agreed with Councilman Kelly about not knowing what action was appropriate and believed the School Board could take care of its own. Motion died for lack of a second, and NO ACTION was taken on Resolution No. 08-5. XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1154 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 8.36 - REGULATION AND PROHIBITION OF SMOKING - REGARDING SECONDHAND SMOKE. MS. PATTY WILLIAMS, Palm Desert, CA, stated she was a Palm Desert resident and owner of Starlight Dance Center. She addressed the Council on the issue of secondhand smoke in relation to the Smoker's Corner, a business establishment that's adjacent to her dance studio. She said as a teacher, her goal was to provide a smoke -free and healthy environment for her students and children. However, that goal was not accomplished this past year because her students were subjected to the secondhand smoke coming from the Smoker's Corner. She was in support of the subject amended Ordinance and encouraged the Council to ensure the health and safety of the children attending the dance studio. MR. ROBERT CARIAN, Bermuda Dunes, CA, stated he was a lifelong resident, who had lived in almost every city of the Coachella Valley. He stated his concern was that this was just a localized problem. He said he wasn't in favor of cigarette smoking nor did he smoke them, but he was in favor of choices and government not intruding in personal lives. He was also in favor of walking down the street and not having the smell of perfume hit him from twenty feet away, which he found just as offensive as someone blowing smoke in his face. He felt the Council needed to look at the social function of smoking cigars because it had a cigar shop in Palm Desert, which he frequented one or twice a week. He said the shop had a gentlemen's area where one could sit, have conversations, and smoke a cigar. He didn't 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 want to break the law, but by virtue of him walking out to his car to drive home with a cigar in his hand, it would be a violation of the City's law. He said he was not anti -health or pro -cancer, but it's been an agenda item for the Heart Association and the Cancer Association to declare secondhand smoke the worst thing in the world, which he didn't know if it was a vetted science yet. He said it was difficult to address the Council on this subject because everyone disliked smoking. However, he enjoyed cigars and didn't want to break the law, and he did spend his money in Palm Desert. He requested that Council review the matter closely, because it simply wasn't just a black and white problem. He went on to say Councilmembers who served as board members on other organizations, with related matters to secondhand smoke on the agenda, should recuse themselves from voting, because one wouldn't know which master they were serving at that time. Councilman Ferguson stated he didn't sit on any board or organization that advocated or believed that secondhand smoke was a carcinogen, although the scientific data was available to support it for the past 20 years, but he didn't wish to debate that at this time. He disclosed that his daughter enjoyed practicing at Starlight Dance Center, and she never returned home smelling like smoke or complained about it. He said his comments were not directed at either of those points; however, he did recall eight years ago the City of Palm Desert proposed an Ordinance that would ban smoking in government buildings owned by the City, including Desert Willow. That Ordinance required a certain perimeter from entries of buildings, so that people would not be required to walk through secondhand smoke simply to petition the government and get into a building. It was interpreted by USA Today as being the first City in America to completely ban cigarette smoke, which back in the day sounded pretty ominous and terrible. He said other cities in California had banned smoking, city limit to city limit; notably, San Luis Obispo, El Cajon, Belmonte, Santa Monica, and Laguna. He said the sky didn't fall and commerce didn't come to a grinding halt; people simply adapted in away that struck a better balance between smokers and non- smokers. He said he smoked for three decades, and it never crossed his mind to blow smoke in a non-smoker's face, nor did he think it was a smoker's agenda. By the same token, he didn't know any non-smokers that would say they enjoyed the smell of cigarette smoke. In this day and age, a happy medium could and should be recognized, where private sector organizations, like hotels, banned smoking. He recently stayed in a hotel where he was informed he was in a non-smoking room, and if he smoked in that room, he would receive a $250 surcharge to scrub and clean the room from the smell of smoke, because the next resident may not like it. He chuckled when he read in the paper, "This was going to be the most onerous Ordinance in the Valley." He felt it was time to revisit the issue to ban smoking in Palm Desert, city limit to city limit, with certain enumerated exceptions; chiefly, what you do in your home is your business. He didn't like 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 the fact that he had to walk through a crowd of kids to get into Westfield Mall, and at any given time, can observe 20 or 30 kids smoking cigarettes. He said his son had to walk through smoking areas when leaving Palm Desert High School, and the fact that local schools even had smoking areas concerned him, but it was an issue that belonged to Desert Sands Unified School District. He suggested Council consider addressing the immediate issue and also consider legislating the balance between smokers and non-smokers by recognizing the rights of both, because the health benefits were self evident. He said the City would probably need to obtain input from smoking residents and businesses because it was a discussion that was ripe. He thanked Starlight Dance Center for bringing it to Council's attention. Councilman Kelly stated he was not opposed to banning smoking, but wanted to ensure the process included everyone who had an interest, for instance, the hotels, restaurants, etc., where he's seen people smoking. He said staff should include the community in the discussions and decision - making process when putting the Ordinance together. He was reminded of a quote from Abraham Lincoln that read, "Get moving and move quickly with caution." He said he didn't smoke and didn't like going to Indian casinos because of the smoke there. However, he's noticed a lot of City folks at casinos, and noted Coachella Valley Association of Govemments (CVAG) will hold their annual dinner at a casino where all will be exposed to the smoke if they attend. He said Council should also pass a policy that Palm Desert Councilmembers will not attend any meetings held at venues allowing smoking, such as casinos. He said secondhand smoke affected adults just as much as children. If an ordinance was passed that banned smoking in Palm Desert, he wondered if the City would do a better job of enforcing it than it had trying to control noise; due to the number of calls received from residents, it hadn't been very successful. He said the existing ordinances should also be taken care of. Councilmember Finerty stated she didn't serve on any board that advocated against secondhand smoke and has never smoked cigarettes. She guessed she was influenced early on her decision based on her 62-year-old grandfather, who died of lung cancer. She's very much bothered by the effects of secondhand smoke and stated there were multiple scenarios where everyone was exposed. In the summer time, for example, smokers go outside of a building to smoke and congregate around the door to avoid being in the hot sun, leaving people no choice but to walk through the smoke to get into the building; she was equally offended by the smoke in casinos. She said secondhand smoke was a known carcinogen supported by scientific proof and thought Council owed its residents a meaningful study for an ordinance to ban cigarette smoke in Palm Desert. She said Palm Desert took the lead on many things, and this would be another way it could continue being a leader in the Coachella Valley. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 Mayor Pro Tem Spiegel stated he smoked for a longer period than Councilman Ferguson, but he stopped more than ten years ago because he had pneumonia and really didn't have a choice. He said unlike Councilman Ferguson, he still liked the smell of smoke. However, he would like Palm Desert to be smoke -free, may be the first City in the Valley. Responding to comment about how to proceed, Mr. Erwin stated it was appropriate that Ordinance No. 1154 be passed to second reading, allow him to develop another ordinance before the second reading, and see which one Council preferred. Further responding to question about including input from the community, he agreed additional time was needed in order to get the community involved, and the second reading could be put off for 30-45 days. Councilman Ferguson clarified the direction was to draft an ordinance along the lines of what Councilmembers had just expressed, so that no one was surprised when it's presented. Mr. Erwin agreed. Councilmember Finerty moved to waive further reading and pass Ordinance No. 1154 to second reading at the meeting of June 12, 2008, with staff directed in the meantime to work with the community and draft another ordinance for introduction that would ban smoking entirely within Palm Desert City Limits. Motion was seconded by Ferguson and carried by 5-0 vote. For Adoption: 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 BUSINESS LICENSE TO LANDSCAPE -RELATED BUSINESSES IN THE CITY OF PALM DESERT. Mayor Pro Tem Spiegel noted the first reading was approved with the caveat that the Ordinance include classes for residents who wished to learn about overseeding. Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance No. 1153. Motion was seconded by Finerty and carried by a 5-0 vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF A MID -YEAR BUDGET ADJUSTMENT FOR PROMOTIONAL ACTIVITIES ASSOCIATED WITH THE CITY OF PALM DESERT'S "SET TO SAVE" PROGRAM. Mr. Ortega noted this adjustment was part of the "Set to Save" program, and funds would be reimbursed. But for accounting purposes, funds needed to be budgeted and appropriated for expenditure because it was partnership monies. Councilman Ferguson stated he was confused by the staff report and tried calculating the math himself, but he wasn't sure it was correct. He asked if the City was spending $50,000 of its own budget on a quarter million dollar marketing campaign, with the balance of the money coming from rate payer monies administered through Southern California Edison. Mr. Conlon replied it was. Councilman Ferguson moved to, by Minute Motion, appropriate $128,000 from Unobligated General Fund to Account No. 110-4511-442-3223 for 3`d and 4'h Quarter "Set To Save" Promotional Activities. Motion was seconded by Finerty and carried by a 5-0 vote. B. CONSIDERATION OF REQUEST FROM THE PALM DESERT POLICE DEPARTMENT FOR AUTHORIZATION TO PURCHASE TWO (2) AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS (ALPR) AND RELATED EQUIPMENT. Mayor Pro Tem Spiegel moved to, by Minute Motion, authorize the purchase of two (2) Automated License Plate Recognition Systems (ALPR), a computer server for storing of data, ancillary equipment, warranties, and licensing in the amount of $65,508.16 —funds are available in the Police General Fund, Account No. 110-4210-422-4045, and no additional appropriation is required. Motion was seconded by Ferguson and carried by a 5-0 vote. C. REQUEST FOR AWARD OF CONTRACT FOR CITYWIDE PALM TREE PRUNING AND REMOVAL PROGRAM 2008 (CONTRACT NO. C27430, PROJECT NO. 931-08) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Mr. Ortega suggested New Business Agenda Items C, D, and E be considered at the same time, because they all involved awarding bids related to the same subject. With City Council/Authority Board concurrence, all three items were considered jointly. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 Councilmember/Member Finerty moved to, by Minute Motion: 1) Waive the bid document's irregularity and award Contract No. C27430 for the Citywide Palm Tree Pruning and Removal Program 2008 to Tree Rite, Bermuda Dunes, California, in the total amount of $86,268 (City - $76,356, Housing Authority - $9,912); 2) authorize the Director of Finance to set aside an additional 10% contingency in the amount of $8,626.80 (City - $7,635.60, Housing Authority - $991.20); 3) authorize the Director of Finance to appropriate $9,912 of the total contract amount to the respective Housing Authority Landscape Maintenance Budget line items, plus set aside $991.20 of the total contingency to the respective Housing Authority Landscape Maintenance Budget; 4) authorize the Mayor to execute said contract. Motion was seconded by Spiegel and carried by a 5-0 vote. D. REQUEST FOR AWARD OF CONTRACT FOR CITYWIDE TREE PRUNING PROGRAM 2008 (CONTRACT NO. C27440, PROJECT NO. 932-08) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Councilmember/Member Finerty moved to, by Minute Motion: 1) Award Contract No. C27440 for the Citywide Tree Pruning Program 2008 to West Coast Arborist, Inc., Anaheim, California, in the total amount of $64,850 (City - $55,252.20, Housing Authority - $9,597.80); 2) authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $6,485 (City - $5,525.22, Housing Authority - $959.78); 3) authorize the Director of Finance to appropriate $9,597.80 of the total contract amount to the respective Housing Authority Landscape Maintenance Budget line items, plus set aside $959.78 of the total contingency to the respective Housing Authority Landscape Maintenance Budget; 4) authorize the Mayor to execute said contract. Motion was seconded by Spiegel and carried by a 5-0 vote. E. REQUEST FOR AWARD OF CONTRACT FOR CITYWIDE TREE REMOVAL PROGRAM 2008 (CONTRACT NO. C27450, PROJECT NO. 933-08) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Councilmember/Member Finerty moved to, by Minute Motion: 1) Reject lowest bidder's proposal as non -responsive; 2) waive the second lowest bidder's documents' irregularity and award Contract No. C27450 for the Citywide Tree Removal Program 2008 to Tree Rite, Bermuda Dunes, California, in the total amount of $23,640 (City - $18,840, Housing Authority - $4,800); 3) authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $2,364 (City - $1,884, Housing Authority - $480); 4) authorize the Director of Finance to appropriate $4,800 of the total contract amount to the respective Housing Authority Landscape Maintenance Budget line items, plus set aside $480 of the total contingency to the respective Housing Authority Landscape Maintenance Budget; 5) authorize the Mayor to execute said contract. Motion was seconded by Spiegel and carried by a 5-0 vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 F. REQUEST FOR AUTHORIZATION FOR THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH TOSCANA LAND, LLC, FOR CONSTRUCTION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF HOVLEY LANE EAST AND ELDORADO DRIVE (CONTRACT NO. C27600). Responding to question, Mr. Greenwood said it was typical and common practice for a developer and City to share the cost based upon where a traffic signal was located. He said approximately 50% of the $177,000 that the City was agreeing to pay Toscana Land, LLC, will come from Assessment District funds from the Indian Ridge project. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Authorize the Mayor to execute a Reimbursement Agreement with Toscana Land, LLC, for construction of a traffic signal at the intersection of Hovley Lane East/Eldorado Drive; 2) appropriate $177,500 from Unobligated Fund 400 to Project Account, No. 400-4392-433-4001 for this purpose. Motion was seconded by Finerty and carried by a 5-0 vote. G. REQUEST FOR AUTHORIZATION FOR THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A CONDITIONAL AGREEMENT IN SUPPORT OF LETTER OF CREDIT FOR THE SECTION 29 ASSESSMENT DISTRICT, NO. 2004-02 (CONTRACT NO. C25570B). Councilman Kelly moved to, by Minute Motion, authorize Director of Public Works Mark Greenwood, P.E., to execute the Conditional Agreement in support of the Letter of Credit between Skanska USA Civil West, Riverside, California, and the City of Palm Desert. Motion was seconded by Finerty and carried by a 5-0 vote. H. REQUEST FOR APPROVAL OF THE REPLACEMENT OF COMMUNITY PARK PLAYGROUND LOCATED BEHIND PALM DESERT MIDDLE SCHOOL ON PORTOLA AVENUE/MAGNESIA FALLS DRIVE AND AWARD OF CONTRACT FOR SAME (CONTRACT NO. C27610). Mayor Pro Tem Spiegel stated the Middle School was remodeled, and the existing playground was dilapidated; the new playground would bring it up to par with the School. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Reject the proposals of Stemmer Construction and Recreation Masters for non -responsiveness; 2) authorize replacement of the subject Community Park Playground; 3) award the subject contract to Linnert Builders, Orange, California, in the amount of $201,327.53; 4) authorize a 10% contingency for the project in the amount of $20,132.75 — funds are available in Account No. 233-4618-454-4001. Motion was seconded by Kelly and carried by a 5-0 vote. XV. CONTINUED BUSINESS 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 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) (Continued from the meeting of April 10, 2008). Following is a verbatim transcript of the subject item of business: Key JMB Jean M. Benson, Mayor RS Ryan Stendell, Associate Planner RAS Robert A. Spiegel, Mayor Pro Tem CF Cindy Finerty, Councilmember RDK Rachelle D. Klassen, City Clerk MS Manuel Sanchez, Appellant DJE David J. Erwin, City Attorney JF Jim Ferguson, Councilman JMB Next is Continued Business, "Consideration of an Appeal of a Decision by the Director of Community Development, Revoking a Home -Based Business Permit for Sancho's Landscaping, 77740 Delaware Place, APN 637-160-039, Palm Desert Case No. Home -based Business Permit No. 05-34941, Manuel and Trudy Sanchez, Applicants, continued from the meeting of April 10, 2008." Ryan. RS Good evening, Madam Mayor and City Council. If you recall from the previous meeting two week ago,...staff had indicated that the final compliance meeting on site had occurred, and both City Attorney and Code Compliance staff had...given the green light, said the Applicant had...met all conditions, of the letters outlined from Best, Best & Krieger. At that meeting, it was discussed that possibly a couple of the Councilmembers could visit the site and take a look. That has happened...staff is still holding to the recommendation given at the last meeting, that we would like to uphold the revocation and have the City Council direct staff to...issue a new permit under the direction of the City Attorney that would...be a little bit tighter than the previous permit and will have a...what we hope is, a much better working situation. Staff could answer any questions that the City Council may have. JMB Questions? RAS I'II move staffs recommendation. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 CF Second. JMB Okay. Please vote. RSK Would, would you repeat that recommendation one more time? RS It would be that, that the City Council uphold the decision of the Community Direc—Development Director revoking the existing permit and that the Council re... RSK 1 got it. JMB Okay? RAS Yeah. Yeah he's okay. JMB Okay. Please vote. RDK Motion carries unanimous vote. JMB Okay. Thank MS Excuse me, I license back? RAS You're gonna' you Ryan. didn't quite understand what just —was said. Am I gonna' get my Or... get a new license, but it may be stricter than the one you got now. MS Okay. Well to be honest with you, sir, I, I...first of all, my name is Manuel Sanchez, and I live at 77740 Delaware Place, and I want to thank you...Jean Benson and yourself, Bob...Ryan, and also Mr. Ortega for at least having the courtesy to come out to my property and see. I don't think that we should do anything, anything different other than we're doing to anybody else. Like I said...l'm glad that I'm getting by City license back, but I don't think that I should be held...you know with more penalties or more...inspections and stuff like that, than anyone else, sir, you know; otherwise, I'm being singled out here. And I just want to make sure, that if I passed, then, then I think we should just let it go like that; and if not, then we definitely have a problem here, you know. Like I said, you have been out to my property...l honestly don't know what the nuisance was...you know...you...ever since I've moved in there...l've had this lady in the back, you know, everybody, everybody down here at City Hall, that works for Code Enforcement Officers or whoever, we don't know what to do about it. I mean, she'll always call and complain, but there is nothing I can do about that. You know, we are either gonna' have to screen some of those calls out, and...from talking to people, apparently there is a nuisance where someone constantly calls and complains and it's about the same thing, and you people have been out and have seen my property. I don't think I'm breaking the law 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 in any way. You know, I don't think it's ever been an issue as to how many pots I can have in my property. I got an acre and a quarter. We're still in the process of redoing the backyard, now that we pretty much cleaned everything out. So, I, I will not...let the City Council put any other restrictions unless it's gonna' be put to everybody there, that lives there. I mean, we got masonry people, we got (unclear) there, we got.... CF Is there a point of order here? JMB Pardon me? CF Point of order? JMB Right. DJE Basically, the Council has approved your permit. They have added conditions to it, Mr. Sanchez. You either accept or deny, or reject those conditions. If you reject them, you don't get a permit. It's as simple as that. MS Okay. Well, I mean, like I said, I don't know why I'm being placed with additional restrictions.... RAS Why don't you work with Ryan? See what he's gonna' put on the restrictions. MS Well I think that— we should do that, sir, but before you go ahead and vote on it, then I should know what kind of restrictions... DJE They've already voted, Mr. Sanchez. They've already voted. JF This was a receive and file matter. It doesn't require approval. MS So, I don't quite understand what you're trying to tell me. I mean, I have is that it? DJE The Council denied your appeal but did authorize the re -issuance of Occupancy Permit subject to a number of conditions, which are included report. no say so, the Home in the staff MS But yet, I don't know what is included in the staff report, so how can I possibly... DJE Ryan will be happy to give you a copy of it. MS I understand that, sir, but I mean, shouldn't I be made aware of what conditions I'm gonna' either agree to or disagree with? Don't I have a say so in this? 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 DJE Ryan will give you a copy of it. MS I understand that, sir, but if you guys already decided, what I mean, what other options do I have here? JF Your options are simply to accept them or to not accept them. You're given —be given ample opportunity to read them, and you can make up your mind once you feel like you're fully informed. MS Thank you very much. For purposes of clarification, the motion was: Mayor Pro Tem Spiegel moved to, by Minute Motion, uphold revocation of the Home -based Business Permit for Sancho's Landscaping and direct staff to issue a new permit under direction of the City Attorney that will provide more stringent guidelines than the former. Motion was seconded by Finerty and carried by a 5-0 vote. XVI. OLD BUSINESS A. UPDATE ON THE CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY, AND PALM DESERT HOUSING AUTHORITY STRATEGIC OBJECTIVES (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Councilman/Member Kelly moved to, by Minute Motion, receive and file the Update on the City of Palm Desert, Palm Desert Redevelopment Agency, and Palm Desert Housing Authority Strategic Objectives. Motion was seconded by Finerty and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT AND REVISED RESOLUTION FOR THE SAKS FIFTH AVENUE EXPANSION AND THE EL PASEO VILLAGE REMODEL —SUBJECT PROPERTIES ARE LOCATED 73-425 THROUGH 73-545 EL PASEO (APNs 627-252-004/005 and 627-261-006) Case Nos. PP 07-10, CUP 07-18 and DA 07-03 (Davis Street Land Company, Applicant). Mayor Pro Tem Spiegel moved to, by Minute Motion, continue this item to the meeting of May 8, 2008. Motion was seconded by Ferguson and carried by a 5-0 vote. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 C. 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). Engineering Manager John Garcia noted the City Clerk was given additional documents to be provided to the City Council to assist in making a decision on this project. The document's first page was a photograph of the subject location that illustrated approximately 600 linear feet along southbound Portola Avenue between the bridge and Magnesia Falls. When the project was originally programmed, staff identified the need for a sidewalk and a right -turn lane. The second page was a simplified matrix of the different elements of the Full Widening Permanent project as opposed to the Minimum Widening Interim project. With regards to the need for the right -turn pocket, staff had recently conducted a traffic count at the subject location with 225 peak -hour vehicles tuming there, with those numbers growing in the future. He explained the right-hand lane, particularly during school or rush hour, where vehicles will be backed up and restricted to one through -lane for that period of time. He noted the matrix sheet outlined the cost difference between both projects. He explained that the Full Widening Permanent project included additional height of the wall, additional street widening, acquisition of the right-of-way cost, and environmental study. The Minimum Widening Interim project, which was easier to implement, entailed a sidewalk without right-of-way, but whichever option was chosen, there were quite a bit of utilities to deal with. He offered to answer questions. Mayor Pro Tem Spiegel moved to, by Minute Motion, approve the minimum alternative for construction of a sidewalk and related appurtenances along southbound Portola Avenue between the Whitewater Bridge and Magnesia Falls Drive in the amount of $350,000. Councilman Kelly stated $450,000 was inexpensive for a right -turn lane, and down the road, the City will have to spend $2 million plus for it. He pleaded with Council for the Full Widening Permanent project in order to keep Portola Avenue flowing as much as possible. He said once the Portola Interchange was opened, Portola Avenue would have a lot of pressure, and it will be a long time before the City could install three lanes. He believed the Council should try to get as many dedicated left- and right-hand turn lanes on Portola Avenue where there are only two lanes. He pleaded once more with Council to do it right by choosing the full widening. Councilmember Finerty concurred with Councilman Kelly's comments and also stood by her comments made at the April 10, 2008, meeting. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 Councilman Ferguson stated proposals bounced around for these projects were essentially $1.8 million, with the promise or the allure that somehow 50% of the cost would be picked up by Coachella Valley Association of Govemments (CVAG) under TUMF (Transportation Uniform Mitigation Fee) funding. He considered the cost of the sidewalk, which had to be done, would be a net cost of $450,000. He said he checked with CVAG and found there was no agreement to fund 50%, and there wasn't even a project submitted. He was also told that even if it was submitted, it wouldn't receive a priority review because CVAG did not fund sidewalks under TUMF. He said he was prepared to debate this, but it was certainly less than accurate to say 50% would be paid for by CVAG, given that a project wasn't submitted, much less any kind of review, or any indication the City would receive a favorable review even if those things had been done. He said he viewed the right-hand turn pocket as a $1.5 million ticket item, not $450,000. Councilman Ferguson seconded the motion. Mr. Garcia stated the City requested additional funding for the bridge, which was the large change order, and it included the request for the right-hand tum pocket and the sidewalk, which his last memo from CVAG was based on. Further responding, he confirmed the City did have an approved amendment with CVAG to cover the cost for the full widening. Councilman Ferguson stated he would have to take the Executive Director of CVAG at his word. Councilman Kelly stated he believed it was funded, and it was a clear difference of opinion. Councilman Ferguson said some people would say that regardless of how it was funded, it was a worthwhile project; but he didn't share that view. Mayor Benson stated she wasn't convinced the right-hand tum lane was needed at this time, and it will be a long time before Portola Avenue reached the stage where it was warranted. She said people turning at that location were coming from the College and not off the freeway. She said she traveled there two or three times a week, and she's never had to wait for a Tight, but if she did, it wouldn't be a big deal. She was in favor of a sidewalk for the people that came from Chaparral and the children coming from school. Mayor Pro Tem Spiegel stated he would hate to see the acquisition of two mobile home sites, which would be required with the full widening. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 Councilman Ferguson asked if the sidewalk itself required the City to acquire property from Mr. Van Alstine. Mr. Garcia responded it did not, because it was already on a public right-of-way. Mayor Benson called for the vote, and the motion carried by a 3-2 vote, with Finerty and Kelly voting NO. XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin asked for City Council's consideration of adding an item to the agenda related to the City's representative to the Coachella Valley Mosquito & Vector Control District. Upon inquiry, he said Mr. Walker had taken an oath, but the District's Attorney raised the question of whether or not he had been appropriately appointed; therefore, the City Council is being asked to reappoint its representative. Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council, said consideration was added to the agenda. 1. Reappointment of City of Palm Desert Representative to the Coachella Valley Mosquito & Vector Control District. Councilman Kelly moved to, by Minute Motion, appoint Doug Walker as the City of Palm Desert's representative to the Coachella Valley Mosquito & Vector Control District and thank him for the onerous task he was undertaking in this capacity and commend him for the job that he was already doing. Motion was seconded by Finerty. Mayor Benson noted that she was concerned because Mr. Walker called to ask for a meeting, which has been set for next week with him, Mayor Pro Tem Spiegel, Mr. Ortega, and herself. She said when Mr. Walker called, he expressed that he wished to discuss his concerns with City officials, including that the City Council was being 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 asked to make a reappointment. She felt the City owed him that courtesy, followed by placing reappointment on the agenda. Mayor Pro Tem Spiegel agreed but added that he felt it was important to make the reappointment at this time, and if Mr. Walker decided he was no longer interested in serving, he could let that be known too. Councilman Kelly concurred. In response to Mrs. Klassen's question of whether or not the reappointment was to the existing term, Mr. Erwin answered that the term would be for the remainder of the calendar year and that all of the terms were required to be calendar -year terms. Councilman Ferguson agreed with Councilman Kelly that it would be important to extend the City's thanks to Mr. Walker, because he felt he'd done a very good job of keeping officials informed; and with all the rest of the stuff flying around, he'd kept it strictly to the facts and done a great job of representing the City of Palm Desert's interests. Mayor Pro Tem Spiegel added that Mr. Walker's background makes him the most qualified person in the City to do the job. Councilman Kelly remarked that Mr. Walker was appointed after some of the problems at the District surfaced, which meant he assumed a tough role, yet he'd hung in there and done a really good job. He didn't think the City could express its appreciation enough. It was unfortunate that everyone involved with the District was painted with the same brush, and it was unfair. Mayor Benson called for the vote, and the motion carried 5-0. C. CITY CLERK 1. Reminder of Joint City Council/Planning Commission Study Session - Housing Element Update, Thursday, May 8, 2008, 2:00 p.m. Mrs. Klassen asked City Councilmembers to take note of this scheduled Study Session prior to the next meeting. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING D. PUBLIC SAFETY o Fire Department APRIL 24, 2008 Chief Brooker and Lt. Taylor reported on the four-plex apartment fire incident at 1:45 a.m. this morning located near the intersection of Grapevine Street and Portola Avenue. Lt. Taylor reported that Police Department officers were the first to arrive on scene and were informed that the building may not be totally evacuated. Officers then broke out windows at the rear of the building, entering units that were filled with smoke and checking them all, finding a medically impaired woman they brought out to safety. The other units were found to be vacant. One officer sustained smoke inhalation and was treated at the hospital and later released. Lt. Taylor was very proud of the officers and that they served the City of Palm Desert: Michael Vasquez, Steven Paixano, and Tony Jolin, and he said arrangements are being made to recognize their actions at a future City Council Meeting. Chief Brooker added that when Fire Department units arrived, one of the four apartment units was completely engulfed in flames, but the fire was quickly contained to the original unit involved. He related the Fire Department's appreciation for the cooperative effort it enjoys with the Police Department to provide exceptional public services in the City of Palm Desert. o Police Department Please note the report provided with Fire Department above. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: None o City Council Committee Reports: None 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 o City Council Comments: 1. 2008 City of Palm Desert United Way Campaign — Councilman Kelly noted City employees set their 2008 United Way goal at $17,000 and subsequently raised $19,212.10. He commended the employees for reaching and surpassing their goal and hoped the City Manager would appropriately recognize their efforts. Mr. Ortega said he had taken the United Way Committee to lunch to thank them for their hard work and very successful outcome. 2. Wachovia Savings Bank at Highway 111/Monterey Avenue — Mayor Pro Tem Spiegel was pleased to announce that the developer had broken ground for the subject construction project. XIX. ADJOURNMENT Upon a motion by Spiegel, second by Finerty, and Council, Mayor Benson adjourned the meeting at 5:11 p.m. ATTEST: RA H LLE SSE , CITY CLERK CITY OF PALM DESERT, CALIFORNIA Ib1 BENSO nanimous vote of the City (fi)64-e , MAYOR 24