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HomeMy WebLinkAbout2009-04-23MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 23, 2009 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Jim Ferguson Mayor Pro Tem Cindy Finerty Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, 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 Office of Energy Management 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 Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk 1I1. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APNs 627-092-045 and 627-092-035 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owners: City of Palm Desert Arthur and Dora Cohn Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. Manuel Sanchez and Trudy Sanchez, Riverside County Superior Court, Case No. INC 085047 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 On a motion by Finerty, second by Ferguson, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Erwin reported the City Council approved a potential settlement with Manuel Sanchez and Trudy Sanchez with regard to litigation that's on file, and this stipulation will be filed with the Court. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Jim Ferguson VII. INVOCATION - Councilmember Jean M. Benson 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 VIII. ORAL COMMUNICATIONS - B MR. ERIK LARSEN, Palm Desert, CA, proposed that the City of Palm Desert be the first to take the initiative to ban the use of plastic shopping bags in its City. He said the poison and ingredients in plastic bags were destroying the environment, and the ban initiative could be taken to cities all over the Country because it was already being done in other countries like Kenya, Mozambique, and China. He said China saved 30 million barrels of oil because plastic bags were made out of polyurethane. The City of Palm Desert was known for its initiative and it should be the first. He said there were many ways in which to work with the environment because the chemicals and oils in plastic bags included six other chemicals that were very toxic and could have a synergistic effect. He reiterated that Palm Desert should take the initiative and make its streets the cleanest, and it could promote the City that way. He said Palm Desert could be an icon or role model for the rest of the State and Valley. Mayor Spiegel responded he would have the City Manager look into it and see what the possibilities are. MS. KATHY DEROSA stated she was representing Southern California Edison to offer the Mayor and staff a plaque of appreciation. She said Palm Desert had the largest single energy partnership with Southern California Edison that started in 2005. Although Palm Desert had not reached the half -way point, the amount of energy the Palm Desert "Set to Save" Program had realized, certainly exceeded the expectations of many. On behalf of Southern California Edison, Vice President of Energy Efficiency Jean Rodriguez, Vice President of Business Customer Division Lisa Cagnolatti, and Vice President of Public Affairs Les Starck, she presented the Mayor and City Council a plaque of appreciation for its forward thinking, its efforts, and support in starting the "Set to Save" Program. Mayor Spiegel credit Councilman Ferguson for initiating the program, and Director of Office of Energy Management Pat Conlon for running it successfully. MS. DESIREE COLLINGS stated she and her family have lived on Covered Wagon Trail in South Palm Desert for twelve years. She noted that she had written a letter to the Council, which she read out loud. She said that while she loved the City of Palm Desert, crime had become an issue and had affected her neighborhood greatly. After reading about the current consideration for budget cuts with regards to safety for the City, she became concerned and immediately called the local Sheriff and Mayor Pro Tem Finerty. She said her neighborhood had experienced an upswing of crime to their "nice, quiet area of South Palm Desert," and some of the incidents 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 may not have been recorded by local police. She said her neighborhood formed an unofficial neighborhood watch three years ago, and they have communicated between neighbors about the burglaries, attempts, and suspicious happenings that seem strange for a visitor or solicitor. While these efforts were positive, they didn't like feeling unsafe. She said they had to re-evaluate and constantly upgrade their current alarm systems, adding layers of protection in order to relax in their home or avoid being the next victim. As a neighborhood, they contacted Lt. Taylor and now Lt. Shouse with regards to the increase in crime and need for more patrol. There was not much response except their comments of support, but it's not enough; everythree months she calls the watch commander for additional patrol. She asked that the Council reconsider making any funding cuts when it came to the safety of the City. She said more police presence was needed, especially during this economic downturn when crime went up, which was exactly the time to increase police protection. She was curious if any Councilmember had been a victim of any crime or knew of a neighbor who had, because if all these crimes were happening in just one small area of South Palm Desert, then there was an assumption that it was happening citywide. She said a complete list of the crimes in Palm Desert could be obtained from the Sheriff's Department, but the ones she knew about that happened at Covered Wagon Trail, Old Prospector, Fairway Drive, Toro Peak, and Yucca were as follows: • Two burglaries on Fairway Drive in the summer of 2008. • An attempted burglary on Covered Wagon Trail where homeowner was home and yelled to prowler in the backyard; prowler jumped over the fence and ran away. • A house on Covered Wagon Trail was cleaned out and two vehicles were also taken while homeowner went out to dinner for two hours. The homeowner was so upset that she eventually sold her home in a "fire sale." Multiple car break-ins on Covered Wagon Trail, Old Prospector, and surrounding streets. • Items have been stolen from porches at multiple homes. • Home burglary off Portola Avenue in the middle of the day in the fall of 2008. • Home burglary in the middle of the night while family was asleep in their rooms at Covered Wagon Trail. • Home burglary to her own home while away for four hours this past August; they had $15,000 stolen. • Home burglary to the same house twice in a period of four months. • Home burglary off Hovely Lane. The house was cleaned out while homeowner went hiking the Bump and Grind Trail. • Three weeks ago a home telephone line was cut along Yucca Lane; burglars broke into the house through the door, but the homeowner had cellular back up and the alarm went off. However, the burglars were not caught. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 She said it was the duty of Councilmembers to pay attention to this request and look at the crimes of the entire City. She said the City needed to adopt a strict and zero tolerance policy and provide heavy police presence in the neighborhood; not just those heavy hit jewelry stores in the El Paseo shopping area. She said proactive protection was crucial to the success of the City because it was beautiful and she loved it. She thanked the Council for the opportunity to share her concerns. A copy of the letter to Council is on file with the City Clerk's Office. Mayor Spiegel stated he would ask Assistance City Manager Sheila Gilligan to contact Ms. Collings to go over the concerns with her and see what could be done; however, police couldn't be everywhere every time. He said the Council wasn't planning on cutting police presence in the City, which he guaranteed. On the other hand, the County was cutting 25% of their police budget for the county areas, which will be a problem for the Valley. MR. TIM BARTLETT, Salt Cedar Street, Palm Desert, CA, stated that in Real Estate there was a saying, "You're only as good as your last deal," which he thought was somewhat true in politics as well. He said the current Council had a long successful career and obviously many good decision had been made and he commended them for it; however, a recent decision might not have been thought through with the same care. One of them was the decision to spend $5 million to enhance/improve El Paseo. The newspaper indicated that the improvements included lighting to enhance night life, which made no sense to him. He said adding more restaurants and parking would add more night life. Secondly, taking parking space away for seating areas would not do the street any good. Lastly, with regard to the enhancement of the intersections, he said installing pavers in an asphalt drive was non -sensible; asphalt in warm temperatures would just drag all over the pavement and become a maintenance nightmare. He said to earn the $5 million back from Redevelopment, the City would have to generate $500 million in revenue, which would take an impossible formula to make it happen. He said the City was probably hoping to have the project start during the summer, but he guaranteed it would be delayed and probably go into the shopping season. He added that removing parking spaces to add seating areas would upset the merchants, because each one of those on -street parking spaces was worth ten behind the street. He believed there were better ways for the City to spend Redevelopment funds, and it was no wonder the State was thinking about keeping some of it, but for the Council to gold-plate El Paseo was not a good choice. Mayor Spiegel replied that the Council had not voted to spend $5 million on the El Paseo remodel. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE KEVIN GROCHAU FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS ART IN PUBLIC PLACES COMMISSION (Continued from the meeting of April 9, 2009). Mayor Spiegel stated that Mr. Kevin Grochau had been a member of the Art In Public Places for some time, and the Council was proud of its program because it was the best in the entire Coachella Valley. He congratulated Mr. Grochau for helping pave the way. Mr. Grochau thanked the staff for all its community efforts and the Council for listening to the Commission. He said at times the Commission and City Council disagreed, but the program was successful because of the continued support of the City Council. B. PRESENTATION OF PROCLAMATION DECLARING MAY2009 " MENTAL HEALTH MONTH" IN THE CITY OF PALM DESERT. Mayor Spiegel stated that mental health was a problem year-round, but this was the week designated by Mental Health to bring awareness. Representatives from Mental Health were unable to attend to accept the proclamation. C. REAPPOINTMENT OF RUSSELL CAMPBELL TO THE CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO. 4. Mayor Pro Tem Finerty moved to, by Minute Motion, reappoint Russell Campbell to his former position on the Citizens' Advisory Committee for Project Area No. 4 (term 12/31/12). Motion was seconded by Ferguson and carried by a 5-0 vote. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 9, 2009. Rec: Approve as presented. B. CLAIM AGAINST THE CITY (#637) by Joe Lyn Dorsey-Colclasure in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 C. CLAIM AGAINST THE CITY (#638) by Joe Ann Allen in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. YOUTH COMMITTEE MINUTES for the Meeting of March 2, 2009. Rec: Receive and file. E. LETTER OF RESIGNATION from Russell Campbell - Palm Desert Recreational Facilities Corporation and Joslyn Cove Senior Center Board of Directors. Rec: Receive with very sincere regret. F. REQUEST FOR AUTHORIZATION to Purchase Storage Area Network (SAN) to Increase Computer Files Storage Space and Allow for Server Consolidation. Rec: By Minute Motion, approve the subject Storage Area Network (SAN) purchase in the amount of $48,393 plus State taxes — funds are available in Account No. 110-4190-415-4040. G. REQUEST FOR AWARD OF CONTRACT for the Annual Color Plantings on El Paseo Medians and in Civic Center Park for Fall 2009 and Spring 2010 to Progressive Growers, Inc. (Contract No. C28640, Project No. 930-09). Rec: By Minute Motion, award the subject contract to Progressive Growers, Inc., Vista, California, in the amount of $22,124.67 — funds are available in the General Fund, Account Nos. 110-4614-453-3370 - Repair/Maintenance Median and 110-4610-453-2190 - Parks and Recreation Supplies. H. REQUEST FOR APPROVAL of Master Agreement No. 08-5414R and Program Supplement Agreement No. N005 with Caltrans for Congestion Mitigation and Air Quality Funds (CMAQ) for Design of Free Right -turn Lane - Westbound Fred Waring Drive to Northbound Highway 111 (Contract No. C28800, Project No. 658-08). Rec: By Minute Motion, approve the subject Master Agreement and Program Supplement Agreement between the City of Palm Desert and Caltrans for Design of the Free Right -turn Lane on Fred Waring Drive. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 1. REQUEST FOR AUTHORIZATION to Refund Plan Check Fee in the Amount of $168 for Building Permit No. 09-47014 for Project Located at 217 Wild Horse Drive, Palm Desert (Klaus Becker Construction, Applicant). Rec: By Minute Motion, authorize a refund of the Plan Check Fee in the amount of $168 for Building Permit No. 09-47014 for a project located at 217 Wild Horse Drive. Upon a motion by Kelly, second by Finerty, and 5-0 vote of the City Council, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS A. RESOLUTION NO. 09-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A CHANGE OF ZONE FROM PLANNED COMMUNITY DEVELOPMENT (PCD) TO PLANNED RESIDENTIAL 14 DWELLING UNITS PER ACRE (PR-14), A TENTATIVE PARCEL MAP (TPM) TO SUBDIVIDE AN 11.8-ACRE PARCEL INTO TWO (2) LOTS, AND A PRECISE PLAN (PP) OF DESIGN TO ALLOW THE CONSTRUCTION OF 144 AFFORDABLE HOUSING UNITS WITH AMENITIES; A FIVE-FOOT HEIGHT EXCEPTION AND A MITIGATED NEGATIVE DECLARATION - PROPOSED PROJECT LOCATED ON THE SOUTH SIDE OF 35' AVENUE BETWEEN GATEWAY DRIVE AND CORTESIA WAY (C STREET) (APN 694-130-005) Case Nos. C/Z-PP 08-191 and TPM 36000 (John Bigley, Mark Irving, Urban Housing Communities, LLC, Applicant/Property Owner). Councilman Ferguson moved to waive further reading and adopt Resolution No. 09-23. Motion was seconded by Finerty and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: None 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 XIV. NEW BUSINESS A. CONSIDERATION OF ORDINANCES AMENDING THE CITY'S CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CaIPERS). Councilman Ferguson moved to: 1) Waive further reading and adopt Urgency Ordinance No. 1182 by four -fifths vote, amending the City's Contract with CaIPERS; 2) Waive further reading and pass Ordinance No. 1183 to second reading, amending the City's Contract with CaIPERS; 3) By Minute Motion, authorize the Mayor to execute the Certification of Compliance with Government Code Section 20903 and the Contract Amendment documents. Motion was seconded by Finerty. Mayor Spiegel explained that amendment of the City's contract with CaIPERS will allow employees who had tenure with the City an additional two years of service for retirement. He said the City didn't plan on laying off employees, but it did have a tight budget. He said if the program eliminated positions in the City, those positions could then be filled with existing personnel; however, this action had nothing to do with police. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. B. CONSIDERATION OF RESOLUTION NO. 09-24, AMENDING RESOLUTION NO. 08-02 - RETIREE SERVICE STIPEND PROGRAM FOR EMPLOYEES AND MEMBERS OF THE CITY COUNCIL. Councilman Ferguson moved to waive further reading and adopt Resolution No. 09-24, amending Resolution No. 08-02 - Retiree Service Stipend Program for Employees and Members of the City Council. Motion was seconded by Finerty. Mr. Wohlmuth explained that Council approval would provide a two-year service credit for those employees that would retire and had at least eight years of service with the City of Palm Desert; additional service credit will qualify them for retiree health benefits the City had outside of the CaIPERS retirement program. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 C. REQUEST FOR ADOPTION OF RESOLUTION AMENDING RESOLUTION NO. 03-33 AND APPOINTING PHILLIP K. SMITH, JR., AND OSCAR ARMIJO TO THE BOARD OF DIRECTORS OF THE PALM DESERT RECREATIONAL FACILITIES CORPORATION AND THE NOMINATION OF JOHN M. WOHLMUTH TO SERVE AS ITS PRESIDENT. Councilman Ferguson moved to: 1) Waive further reading and adopt Resolution No. 09-25, amending Resolution No. 03-33 and appointing Phil Smith and OscarArmijo to the Board of Directors for the Palm Desert Recreational Facilities Corporation; 2) By Minute Motion, nominate John M. Wohlmuth as President of the Palm Desert Recreational Facilities Corporation. Motion was seconded by Finerty and carried by a 5-0 vote. D. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE COUNTRY CLUB DRIVE PAVEMENT REHABILITATION PROJECT TO VANCE CORPORATION IN THE AMOUNT OF $1,489,780 (CONTRACT NO. C28030, PROJECT NO. 619-08). Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract for construction of the Country Club Drive Pavement Rehabilitation Project to Vance Corporation, Rialto, California, in the amount of $1,489,780; 2) authorize an additional $148,978 as 10% contingency for the project; 3) authorize the Mayor to execute said contract — funds are available in Country Club Drive Pavement Rehabilitation Account No. 211-4311-433-3916, Gas Tax Fund, and Account No. 400-4311-433-4001, and no General Fund monies being used. Motion was seconded by Finerty and carried by a 5-0 vote. E. REQUEST FOR AWARD OF CONTRACT FOR THE 2008 CITYWIDE OVERLAY PROJECT TO PALM CANYON CONTRACTORS, INC., IN THE AMOUNT OF $700,134.73 (CONTRACT NO. C28390, PROJECT NO. 752-08). Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract for 2008 Citywide Overlay Project to Palm Canyon Contractors, Inc., Yucaipa, California, in the amount of $700,134.73; 2) authorize a 10% contingency for the project in the amount of $70,013.47; 3) authorize the Mayor to execute said contract — funds are available in General Fund Account No. 110-4311-433-3320 - Street Resurfacing. Motion was seconded by Finerty and carried by a 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 F. REQUEST FOR AWARD OF CONTRACT FOR THE 2009 CITYWIDE RESTRIPING PROJECT TO ORANGE COUNTY STRIPING SERVICES, INC., IN THE AMOUNT OF $58,295 (CONTRACT NO. C28660, PROJECT NO. 564-09). Councilmember Benson moved to, by Minute Motion: 1) Award the subject contract for 2009 Citywide Restriping Project to Orange County Striping Services, Inc., Orange, California, in the amount of $58,295; 2) authorize the Director of Finance to set aside the amount of $5,829.50 as 10% contingency for the project; 3) authorize the Mayor to execute said contract — funds are available in General Fund, Account No. 110-4315-433-3320 - Striping and Legends -Routine Maintenance -Streets. Motion was seconded by Ferguson and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AN EXTENSION FORA PERIOD OF ONE YEAR TO ALLOW THE OUTDOOR DISPLAY OF MERCHANDISE IN THE CITY, SUBJECT TO THE PREVIOUSLY APPROVED CONDITIONS. Ms. Aylaian noted the staff report and offered to answer any questions. Mayor Pro Tem Finerty stated that based on the economy the City approved a six-month trial period, which she was willing to extend. She didn't see any distasteful displays, and it appeared that things went well; however, she would like to re-evaluate after a one year's period. Mayor Pro Tem Finerty moved to, by Minute Motion, approve extension of the existing Temporary Use Permits and the ability to approve new permits to allow the outdoor displays of merchandise for a period of one year, subject to the previously approved conditions. Motion was seconded by Benson and carried by a 5-0 vote. XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER None 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 B. CITY ATTORNEY None C. CITY CLERK 1. Reminder of Study Session, Friday, April 24, 2009, at 9:00 a.m. to Continue Discussions Regarding Preparation of the City Manager's/Executive Director's Financial Plan for Fiscal Year 2009-2010. Councilmembers acknowledged the Study Session scheduled for Friday, April 24, 2009. 2. Reminder of May 2009 City Council Meeting Schedule: a) Thursday, May 7, 2009 - 3:00 p.m. (instead of May 14, 2009); b) Thursday, May 21, 2009 - 3:00 p.m. (instead of May 28, 2009). Councilmembers acknowledged the upcoming May 2009 City Council Meeting schedule. D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1) Palm Springs Art Museum Board - Mayor Pro Tem Finerty asked to have Councilman Ferguson take over the Palm Springs Art Museum Board as the City's Liaison. She brought this to the attention of the Council at this time because there will be three meetings in May that will need to be attended, and her schedule didn't permit it. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 On a motion by Finerty, second by Benson, and 5-0 vote of the City Council, consideration to Appoint Councilman Ferguson as the City of Palm Desert Liaison to the Palm Springs Art Museum Board was added to the agenda. Mayor Pro Tem Finerty moved to, by Minute Motion, appoint Councilman Ferguson as the City of Palm Desert Liaison to the Palm Springs Art Museum Board. Motion was seconded by Benson and carried by a 5-0 vote. o City Council Committee Reports: None o City Council Comments: 1. Councilman Kelly stated he was critical of The Desert Sun because they didn't cover the grand opening of baseball season, but he had to compliment them for the outstanding coverage of the El Paseo Fashion Week. 2. Councilmember Benson called attention to K Kaufman from The Desert Sun, that the salary for the new hire at the Mosquito Abatement Board was not included in their article. XIX. ADJOURNMENT Upon a motion by Finerty, second by Spiegel, and unanimous vote of the City Council, the meeting was adjourned at 4:31 p.m. ATTEST: oieJfa „ei,e,„/ ROBERT A. SPIEOEL, I1IAY(DR RACHELLE D. KLZ-SE , IT)" CLERK"' CITY OF PALM DESERT, CALIFORNIA 13