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HomeMy WebLinkAbout2008-09-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 25, 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 3:00 p.m. II. ROLL CALL Present: Excused Absences: Councilmember Cindy Finerty Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson Also Present: Justin McCarthy, Acting City Manager David J. Erwin, City Attomey Sheila R. Gilligan, ACM for Community Services Mark Greenwood, Acting ACM for Development Services 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 David Yrigoyen, Director of Redevelopment & Housing Steve Brooker, Battalion Chief, Palm Desert Fire/Riverside Co. Fire/Cal Fire Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk 11I. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 a) Indian Springs, LTD., v. City of Palm Desert, et al., Riverside County Superior Court, Case No. INC053903 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 In response to Mayor Benson's inquiry, Mr. Erwin confirmed that the item she wanted to discuss in Closed Session would be considered as one of the cases of potential litigation. Mayor Benson further asked that an item be added to the Regular Meeting Agenda, regarding a request from the Virginia Waring International Piano Competition. Upon a motion by Kelly, second by Benson, and 3-0 vote of the City Council, with Ferguson and Spiegel ABSENT, Consideration of a Request by the Virginia Waring International Piano Competition to Host a Champagne Reception in the Courtyard at the Parkview Office Complex was added to the agenda. Councilman Kelly also requested an item be added to the agenda regarding a memo from Mr. Erwin about consideration of an amendment to the City's Hillside Ordinance. Upon a motion by Kelly, second by Benson, and 3-0 vote of the City Council, with Ferguson and Spiegel ABSENT, Discussion Regarding Processing of an Amendment to the City's Hillside Ordinance was added to the agenda. With City Council concurrence, Mayor Benson adjourned the meeting to Closed Session at 3:03 p.m. She reconvened the meeting at 4:04 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Jean M. Benson VII. INVOCATION - Councilmember Cindy Finerty 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 VIII. ORAL COMMUNICATIONS - B MS. BARBARA deBOOM, President/CEO of the Palm Desert Chamber of Commerce, addressed the City Council on behalf of the Chamber's Board of Directors. She said at her Board's last meeting on September 23, a motion was passed on unanimous vote to request that the City Council reconsider and re- agendize the request for approval of the Palm Springs Desert Resort Communities Tourism Business and Improvement District that failed at the Council's September 11 Meeting. She urged the City Council to join in this regional effort and consider the viewpoints of those in the hospitality industry before making a decision, particularly in light of the six new hotels coming on line in the City in the next few years. (She read from a prepared statement that is now on file and of record in the City Clerk's Office.) MR. BRIAN OTTEN, Bursera Way, Palm Desert, asked the City Council to consider a smoking ban for common -wall condominiums and apartments, such as the precedent set for this regulation by the City of Belmont, Califomia. He said it was necessary to provide a way to deal with abusive smokers, who generate smoke with toxic chemicals and odors onto their neighbors, and there was no other way to address the situation currently other than Civil Court. He compared being able to address a loud music situation with "Disturbing the Peace" regulation; there was no way to deal with someone's smoking as a very bad nuisance in someone else's home. He quickly acknowledged and said he appreciated efforts that have addressed various public situations but noted that while one could walk away from someone smoking on El Paseo, you cannot walk away from the smoke infiltrating your home. He said some buildings don't experience the problem, but others did; and he was basically helpless in pursuing the matter other than going to Civil Court. He believed it was important to be able to address such situations at the ground level with local law enforcement, just like disturbing the peace, without disturbing anyone else's civil rights. He said his own civil rights were being abused currently, or anyone else who was in a similar situation —it was the smoker who didn't want to make the adjustment. In response to Councilmember Finerty's comment, Mayor Benson said she had received a phone call from Mr. Often and then forwarded his name to Councilman Ferguson for participation on the ad hoc Smoking Regulation Committee. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF OCTOBER 5 -11, 2008, AS "FIRE PREVENTION WEEK" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Benson presented the framed proclamation to Battalion Chief/Fire Marshal Jorge Rodriguez and Battalion Chief Steve Brooker. She related how much the City and its residents rely on and appreciate its First Responders, and she was pleased to present this important proclamation. B. APPOINTMENT OF A HOUSING AUTHORITY RESIDENT MEMBER TO THE PALM DESERT HOUSING COMMISSION. Mayor Benson stated she and Mayor Pro Tem Spiegel interviewed Mr. J. Wade Tucker last week, and they were recommending his appointment to fill the vacancy and the term of former member Linda Ward to December 31, 2011. Mayor Benson moved to, by Minute Motion, appoint J. Wade Tucker to the Palm Desert Housing Commission to serve as one of its two Housing Authority Resident Members, filling the vacancy in the term of former member Linda Ward (term December 31, 2011). Motion was seconded by Kelly and carried by a 3-0 vote, with Ferguson and Spiegel ABSENT. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 11, 2008. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 26. Rec: Approve as presented. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meeting of August 19, 2008. 2. Public Safety Commission Meeting of June 11, 2008. 3. Youth Committee Meeting of July 7, 2008. Rec: Receive and file. D. REQUEST FOR APPROVAL of an Agreement with Coachella Valley Water District (CVWD) for Maintenance of a Storm Drain Siphon in Hovley Lane West Near Corte Placitas (Contract No. C28190). Rec: By Minute Motion, approve of and authorize the Mayor to execute the subject agreement with CVWD for maintenance of a storm drain siphon in Hovley Lane West near Corte Placitas. E. REQUEST FOR RATIFICATION of the City Manager's Approval of a Hearing Examiner Contract to Conduct Administrative Review Hearings for Contested Non-moving Parking Citations in Accordance with Enacted Requirements of Assembly Bill 408 and for Animal Control Hearings Within the Jurisdiction of the City of Palm Desert (Contract No. C28070). Rec: By Minute Motion, ratify the City Manager's approval of the subject Hearing Examiner Contract with Rick E. Lebel, Palm Desert, Califomia, to conduct administrative review hearings for contested non-moving parking citations and to conduct animal control hearings within the jurisdiction of the City of Palm Desert for the amount of $25.00 per each contested case. F. REQUEST FOR APPROVAL of Amendment No. 5 to Contract No. C23110 — Engineering Services for Modification to Design of the Left Tum Pocket at Plaza Way on Highway 111 (Project No. 697-05). Rec: By Minute Motion: 1) Approve Amendment No. 5 in the amount of $3,720 to the subject contract with Omnis, Inc., Pomona, California, for design and engineering services to modify the left turn pocket at Plaza Way on Highway 111; 2) authorize the Mayor to execute the Amendment — funds are available in Account No. 110-4300-413-3010. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 G. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C27790 — Joni Yard Warehouse Re -roofing Project (Coast Roof Company, Inc., Fullerton, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. H. REQUEST FOR APPROVAL of USAF Band of the Golden West/Rhythm n' Brass Band at the Palm Desert Civic Center Park Amphitheater, Wednesday, October 15, 2008. Rec: By Minute Motion, approve a performance by the USAF Band of the Golden West/Rhythm n' Brass Band scheduled to take place on Wednesday, October 15, 2008, at the Palm Desert Civic Center Park Amphitheater. Upon a motion by Kelly, second by Finerty, and 3-0 vote of the City Council, with Ferguson and Spiegel ABSENT, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1167 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 1130 AND AMENDING SECTION 10.36.010 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO SPEED ZONES. Transportation Engineer Mark Diercks stated that with the takeover of Highway 111, Highway 74, the opening of new streets in the northern sphere, and improvements on Gerald Ford and Fred Waring Drive, a number of Engineering and Traffic Studies were done, with the last one conducted by the City of Rancho Mirage on Monterey Avenue. After reviewing the findings, staff was recommending certain speed zones on ten streets as listed in the staff report. He offered to answer questions. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 MR. JAMES STELLINO, Palm Desert, stated he lived off Hovley Lane West between Portola Avenue and Monterey Avenue where the current speed limit was 50 mph; the area was mostly residential, near a temple and school. He said he's been trying for years to lower the speed limit because people drove through there at 60 mph, but he's been unable to convince anyone. Responding to question, Mr. Diercks confirmed 25 mph school zone signs were posted for the school belonging to Temple Sinai. Further responding, he said Hovley Lane West was not part of this study, but it was part of the City-wide survey conducted two years ago, and no change was recommended. The street had always been 50 mph, and it was probably because it was wide open with nothing breaking it up for a one -mile stretch. Councilman Kelly noted the City did some traffic calming measures on Haystack Road previously. Mr. Diercks responded three years ago a bike lane was added to Hovley Lane West. Further responding, he confirmed the street included parking on both sides, a bike path, two-way left -turn lane, there were no residential homes facing the street, and the 25 mph school zone in effect when a child was physically walking to school. He said there were funds in the budget this year to install driver feedback signs on Hovley Lane West, which will hopefully deter drivers from going over 50 mph; he had informed Mr. Stellino that he would try to have this done. Councilman Kelly stated he thought it would be a good thing to install permanent driver feedback signs for traffic going both directions. Mr. Diercks responded it could be done as soon as he received bids for the signs. MR. STELLINO agreed it would help to have the signs installed for traffic going both directions, because many drivers used the middle lane to bypass and go around other vehicles on a street with lots of joggers and walkers. Councilmember Finerty said this might also be a good opportunity for the City to use its motorcycles in that area. Councilman Kelly moved to waive further reading and pass Ordinance No. 1167 to second reading. Motion was seconded by Finerty and carried by a 3-0 vote, with Ferguson and Spiegel ABSENT. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 B. ORDINANCE NO. 1168 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ITS ORDINANCE NO. 401 AND PROVIDING FOR THE DESIGNATION AND PRESERVATION OF HISTORIC SITES AND DISTRICTS, CREATING A CULTURAL RESOURCES PRESERVATION COMMITTEE, REQUIRING CERTAIN CONSTRUCTION AND ALTERATIONS TO BE APPROVED BY THE CULTURAL RESOURCES PRESERVATION COMMITTEE, AND PROVIDING PENALTIES FOR VIOLATION. Councilmember Finerty stated a Committee meeting was already scheduled and believed it was ready to move forward. Councilmember Finerty moved to waive further reading and pass Ordinance No. 1168 to second reading. Motion was seconded by Kelly and carried by a 3-0 vote, with Ferguson and Spiegel ABSENT. For Adoption: A. ORDINANCE NO. 1166 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 3.32.080(A) OF THE PALM DESERT MUNICIPAL CODE BY ADDING SECTION 3.32.080(A)(5), RELATING TO EMERGENCY SPENDING AND DECLARING A LOCAL EMERGENCY. Councilman Kelly moved to waive further reading and adopt Ordinance No. 1166. Motion was seconded by Finerty and carried by a 3-0 vote, with Ferguson and Spiegel ABSENT. XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONSULTANT ENVIRONMENTAL DOCUMENTATION SERVICES TO LSA ASSOCIATES, INC., FOR DEVELOPMENT OF FIVE (5) CITY PROJECTS AWARDED FEDERAL CONGESTION MITIGATION AND AIR QUALITY (CMAQ) GRANT FUNDING (CONTRACT NO. C28200, PROJECT NO. 606-09). Responding to question regarding the transfer of funds to the same account number with a different title, Mr. Greenwood said he didn't know if it was the same account number, but it was money that was designated for certain projects. He explained the Tier III projects were formally established foreseeing that Coachella Valley Association of Governments (CVAG) would create a Highway 111 Tier III project group; however, it didn't happen, so the City was doing the same projects through the CMAQ funding. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 Councilman Kelly moved to, by Minute Motion: 1) Award the subject Consultant Environmental Documentation Services Contract to LSA Associates, Inc., Brea, California, in the amount of $70,160; 2) authorize the Mayor to execute said contract; 3) authorize transfer of funds in the amount of $500,000 from the Highway 111 Tier III Project, Account No. 213-4372-433-4001, to the Highway 111 Improvements Project, Account No. 213-4362-433-4001. Motion was seconded by Finerty and carried by a 3-0 vote, with Ferguson and Spiegel ABSENT. B. REQUEST FOR AWARD OF CONTRACT FOR THE MID -VALLEY BIKE PATH PRELIMINARY ENGINEERING SERVICES TO RRM DESIGN GROUP (CONTRACT NO. C28210, PROJECT NO. 707-07). Councilmember Finerty moved to, by Minute Motion: 1) Award the subject contract for the Mid -Valley Bike Path Preliminary Engineering Services to RRM Design Group, San Clemente, California, in the amount of $88,598; 2) authorize a 10% contingency for the contract in the amount of $8,859.80; 3) authorize the Mayor to execute said contract — funds are available in Account No. 233-4544-454-4001. Motion was seconded by Kelly and carried by a 3-0 vote, with Ferguson and Spiegel ABSENT. C. REQUEST FOR AUTHORIZATION TO REQUEST PROPOSALS FOR IMPROVEMENTS TO HOVLEY SOCCER PARK (CONTRACT NO. C28220). Councilman Kelly moved to, by Minute Motion, authorize staff to request proposals for the design and construction of park improvements at Hovley Soccer Park. Motion was seconded by Finerty and carried by a 3-0 vote, with Ferguson and Spiegel ABSENT. XV. CONTINUED BUSINESS A. ORDINANCE NO. 1164 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT 06-02, UNIVERSITY PARK, BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT FUNDING COMPANY, DELETING THE COACHELLA VALLEY WATER DISTRICT WELL SITES FROM THE SCOPE OF THE DEVELOPMENT AGREEMENT Case No. DA 06-02 Amendment 1 (Palm Desert Funding Company, LP, Applicant) (Continued from the meeting of September 11, 2008). Councilmember Finerty moved to waive further reading and adopt Ordinance No. 1164. Motion was seconded by Kelly and carried by a 3-0 vote, with Ferguson and Spiegel ABSENT. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 B. ORDINANCE NO. 1165 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT AS IT RELATES TO CONSTRUCTION FOR A 20-UNIT SENIOR CITIZEN APARTMENT PROJECT ON THE NORTH SIDE OF CATALINA WAY, LOCATED AT 73-582 CATALINA WAY, BETWEEN THE CITY OF PALM DESERT AND BERNARD INVESTMENT GROUP, ATTACHED AS EXHIBIT "A" Case No. DA 08-50 (Bernard Investment Group/Ken Bemard, Applicant) (Continued from the meeting of September 11, 2008). Councilmember Finerty moved to waive further reading and adopt Ordinance No. 1165. Motion was seconded by Kelly and carried by 3-0 vote, with Ferguson and Spiegel ABSENT. XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK 1. Consideration of Request from the Riverside County Registrar of Voters for an Appointment to the November 4, 2008, Election Observer Panel. Responding to questions, Ms. Klassen said the Election Observer Panel consisted of volunteers, and that in the previous election a group was appointed. She believed this was the first time a formal request by the Registrar of Voters had been received by the City. Mayor Benson acknowledged the offer. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 With City Council concurrence, no appointment was made at this time. 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: NOTE: "Request For Action" Item Nos. 1 and 2 were added to the agenda by 3-0 vote (Ferguson, Spiegel ABSENT) at the convening of the meeting. 1. Consideration of a Request by the Virginia Waring International Piano Competition to Host a Champagne Reception at the Parkview Office Complex, 73710 Fred Waring Drive, Palm Desert. Mayor Benson stated the Virginia Waring organization had asked that they be allowed to serve champagne at a reception they are having at the Parkview Building Pavilion area on October 2. Councilman Kelly moved to, by Minute Motion, approve the request by the Virginia Waring International Piano Competition to serve champagne on City -owned property, Parkview Office Building Pavilion, for the reception they are hosting on Thursday, October 2. Motion was seconded by Finerty and carried by 3-0 vote, with Ferguson and Spiegel ABSENT. 2. Discussion Regarding the Processing of an Amendment to the City's Hillside Ordinance. Councilman Kelly moved to, by Minute Motion, instruct the City Attorney to proceed with amending the City's Hillside Ordinance as proposed, repealing the preliminary approval option. Motion was seconded by Finerty and carried by 3-0 vote, with Ferguson and Spiegel ABSENT. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 o City Council Committee Reports: None o City Council Comments: None XIX. ADJOURNMENT With City Council concurrence, Mayor Benson a ATTEST: LLE D. KLASS, CITY CLERK CITY OF PALM DESERT, CALIFORNIA med the meeting at 4:30 p.m. N M. B ON, MAYOR 12