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HomeMy WebLinkAbout2010-01-28MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 28, 2010 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Finerty convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Jim Ferguson Councilman Robert A. Spiegel Mayor Cindy Finerty Excused Absence: Councilman Richard S. Kelly Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Frankie Riddle, Director of Special Programs Dorian Cooley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: APN 628-130-015 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Barracuda, LLC Under Negotiation: x Price x Terms of Payment 2) Property: APN 628-130-008 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: David Nelson Under Negotiation: x Price x Terms of Payment 3) Property: 42135 Kansas Street (APN 637-033-001), Palm Desert Negotiating Parties: Agency: Justin McCarthy/Mark Greenwood/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Fannie Mae/Brian Barr, Broker Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) PDCC Development LLC, Petition for Bankruptcy, United States Bankruptcy Court, Central District of Califomia Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon a motion by Spiegel, second by Ferguson, and 4-0 vote of the City Council, with Kelly ABSENT, Mayor Finerty adjourned the meeting to Closed Session at 3:01 p.m. She reconvened the meeting at 4:00 p.m. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010 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 Cindy Finerty VII. INVOCATION - Councilmember Jean M. Benson VIII. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE JULIE MUNSON FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS PARKS & RECREATION COMMISSION (Continued from the meeting of January 14, 2010). Ms. Munson was unable to be present for this recognition. In appreciation for her time on the Commission, the personalized, engraved crystal clock will be forwarded to her. B. PRESENTATION TO RECOGNIZE JOHN WESTON FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS ART IN PUBLIC PLACES COMMISSION. Mr. Weston was unable to be present for the recognition. In appreciation for his time on the Commission, the personalized, engraved crystal clock will be forwarded to him. C. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF FEBRUARY 2010 AS "AMERICAN HEART MONTH" AND FRIDAY, FEBRUARY 5, 2010, AS "NATIONAL WEAR RED DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Finerty presented the proclamation to Ms. Patty Newman and Ms. Gigi Muth of the American Heart Association. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 14, 2010. Rec: Approve as presented. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 149, 150, and 151. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Joe's Sushi IV, 72-286 Highway 111, Suite J5, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Third Comer, 73-101 Highway 111, Palm Desert. Rec: Receive and file. Approved 3-0-1 (Ferguson ABSTAINING, Kelly ABSENT) E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Landscape Beautification Committee Meeting of November 18, 2009. 2. Parks & Recreation Commission Meeting of December 1, 2009. 3. Public Safety Commission Meeting of December 9, 2009. Rec: Receive and file. F LETTER OF RESIGNATION from Brent Wise - Marketing Committee. Rec: Receive with very sincere regret. G. LETTER OF RESIGNATION from Javier Lopez - Citizens' Advisory Committee for Project Area No. 4. Rec: Receive with very sincere regret. H. REPORT Pursuant to Section 33080.1 of the California Health and Safety Code (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010 I. REQUEST FOR AUTHORIZATION to Refund Fees Associated with Building Permit No. 09-48363 for a Project Located at 77-270 Michigan Drive, Palm Desert (Gavin Ardolino, Ardolino Construction Co., Inc., Applicant). Rec: By Minute Motion, authorize the refund of fees in the amount of $242.40 for Building Permit No. 09-48363 for a project located at 77-270 Michigan Drive, Palm Desert. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28900 — Fred Waring Drive Overlay Project (Project No. 752-08A) (Hardy and Harper, Inc., Santa Ana, 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. K. REQUEST FOR AUTHORIZATION to Release Performance Security for Tract No. 30706 (Portola Pointe) (Palm Desert Partners, L. P., Applicant). Rec: By Minute Motion, authorize release of the Performance Security for Tract No. 30706 (Portola Pointe). L. REQUEST FOR APPROVAL of Out -of -State Travel for City Surveyor to Attend the California Land Surveyors Association Conference in Reno, Nevada, February 28 - March 3, 2010. Rec: By Minute Motion, authorize the City Surveyor to attend the California Land Surveyors Association (CLSA) Conference in Reno, Nevada, from February 28 - March 3, 2010 — funds are available in Account No. 110-4300-413-3120 - Public Works Conferences/Seminars/Workshops. M. REQUEST FOR RATIFICATION of a Request for Approval to Expend CaICOPS Funds in the Amount of $246 for Radar Operator and Laser Operator Courses. Rec: By Minute Motion, ratify the approval of a request to expend CaICOPS funds in the amount of $246 for Radar Operator and Laser Operator Courses. N. REQUEST FOR RATIFICATION of a Request for Approval to Expend CaICOPS Funds in the Amount of $1,780 for a Child Passenger Safety (CPS) Technician Course. Rec: By Minute Motion, ratify the approval of a request to expend CaICOPS funds in the amount of $1,780 for a Child Passenger Safety (CPS) Technician Course. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010 O. CONSIDERATION of Sponsorship Request for the 2010 NCAA Men's Division II Golf Western Superregionals. Rec: By Minute Motion: 1 ) Approve a contribution of $5,000 for sponsorship of the 2010 NCAA Men's Division II Golf Western Superregionals; 2) authorize funds from the Unobligated General Fund Reserve for this purpose. Upon a motion by Ferguson, second by Spiegel, and 4-0 vote of the City Council, with Ferguson ABSTAINING on Item D, and Kelly ABSENT, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1205 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REVISING CHAPTER 15.02 OF THE PALM DESERT MUNICIPAL CODE, AMENDING THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE RELATING TO SWIMMING POOL ENCLOSURES AND SAFETY DEVICES. Mayor Finerty noted this item would be continued and comments could be reserved until that time. MR. PHIL STEIN, Camino Cielo, Indian Wells, CA, stated he was a resident of Palm Desert prior to moving to Indian Wells, but he was now moving back to Palm Desert. During the time he lived in Palm Desert, he and his wife adopted their grandson through the Department of Social Services in Orange County and were forced to put up a swimming pool enclosure, locks on the doors, and all the requirements put forth in the Ordinance at a cost of $3,000. Unfortunately, the lack of common sense or negligence of some causes others to spend more money. He said people need to be aware of swimming pool use. The house they are currently considering to purchase in Palm Desert will need modifications to the swimming pool, which meant that if the proposed Ordinance was adopted, they will need to adhere to it. He asked that when Council voted on this matter, it should consider that it's the homeowner's responsibility to supervise children when swimming. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010 Mr. Wohlmuth stated he was informed that Councilman Kelly wished to participate in the discussion of this item, and since he had an excused absence for today, staff recommended Council continue this item to the next meeting. In the meantime, a staff report was available or Building & Safety Director Russell Grance could answer any questions in order to prepare for the next City Council meeting. Mayor Pro Tem Ferguson moved to, by Minute Motion, continue this item to the meeting of February 11, 2010. Motion was seconded by Spiegel and carried by a 4-0 vote, with Kelly ABSENT. For Adoption: A. ORDINANCE NO. 1203 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 15.07 - "SOLAR PV" - TO THE PALM DESERT MUNICIPAL CODE. Mayor Pro Tem Ferguson moved to waive further reading and adopt Ordinance No. 1203. Motion was seconded by Spiegel and carried by a 4-0 vote, with Kelly ABSENT. B. ORDINANCE NO. 1204 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 3.30 OF TITLE 3 OF THE PALM DESERT MUNICIPAL CODE - PUBLIC WORKS CONTRACTS AND BIDDING REQUIREMENTS. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1204. Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT. XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE 2009 CURB RAMP MODIFICATION PROJECT IN THE AMOUNT OF $55,400 TO SIMON CONTRACTING (CONTRACT NO. C28990, PROJECT NO. 753-09). Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Award the subject contract for Construction of the 2009 Curb Ramp Modification Project in the amount of $55,400 to Simon Contracting, Indio, Califomia; 2) authorize the Mayor to execute the subject agreement —funds are available in General Fund Account No. 110-4312-433-3320 - Curb and Gutter Maintenance. Motion was seconded by Benson and carried by a 4-0 vote, with Kelly ABSENT. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010 B. REQUEST FOR AUTHORIZATION TO PURCHASE CUSTOM BLEND FERTILIZERS FROM CROP PRODUCTION SERVICES FOR THE DESERT WILLOW GOLF RESORT IN AN AMOUNT NOT TO EXCEED $202,710. Councilman Spiegel moved to, by Minute Motion, authorize purchase of custom blend fertilizers for the Desert Willow Golf Resort in an amount not to exceed $202,710 from Crop Production Services, San Jacinto, Califomia — funds are available in Account No. 520-4195-495-8031 - Golf Course and Ground Expenses. Motion was seconded by Benson and carried by a 4-0 vote, with Kelly ABSENT. C. REQUEST FOR AUTHORIZATION TO DEVELOP AND IMPLEMENT A PROGRAM TO ABATE DEAD AND DYING LANDSCAPING AT ABANDONED/FORECLOSED PROPERTIES IN THE CITY. Code Compliance Manager Hart Ponder, Jr., noted the staff report and offered to answer any questions. Councilman Spiegel asked if this program was already in place in the past. Mr. Ponder responded not exactly as it was being proposed. In the past, when staff came across dead and dying landscaping, it remained until the owner took responsibility. With the proposed program, after a certain amount of time, staff will remove the landscaping and put decorative rock in its place. Further responding, he said the property is clouded for all cost incurred so that when the property is sold the City is reimbursed. Councilman Spiegel moved to, by Minute Motion, authorize staff to develop and implement a landscape replacement process to help address foreclosed and/or abandoned properties within the City. Motion was seconded by Ferguson and carried by a 4-0 vote, with Kelly ABSENT. D. INFORMATIONAL REPORT OUTLINING IMPLEMENTATION OF THE GOALS AND OBJECTIVES OF THE YEAR 2000 COMMITTEE SUMMARY AND YEAR 2010 STRATEGIC PLAN REGARDING THE ART IN PUBLIC PLACES PROGRAM. Senior Management Analyst Ryan Stendell noted the staff report and offered to answer any questions. Councilman Spiegel moved to, by Minute Motion, receive and file the informational report. Motion was seconded by Benson and carried by a 4-0 vote, with Kelly ABSENT. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010 E. INFORMATIONAL REPORT FROM THE 2009 PUBLIC SAFETY COMMISSION DISASTER SUBCOMMITTEE. Mayor Pro Tem Ferguson moved to, by Minute Motion, receive and file the informational report. Motion was seconded by Spiegel and carried by a 4-0 vote, with Kelly ABSENT. F. CONSIDERATION OF REQUEST TO DESIGNATE THE PORTION OF STATE HIGHWAY 74 WITHIN THE CITY OF PALM DESERT AS THE "S. ROY WILSON SCENIC HIGHWAY" AND AUTHORIZE APPROPRIATION OF FUNDS FOR FABRICATION AND INSTALLATION OF SIGNAGE FOR THIS PURPOSE. Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Direct staff to the appropriate action in response to inquiries about designating the portion of Highway 74 within the City of Palm Desert as the "S. Roy Wilson Scenic Highway;" 2) authorize the Director of Finance to appropriate approximately $1,000 for the fabrication and installation of signage for the designation. Motion was seconded by Benson and carried by a 4-0 vote, with Kelly ABSENT. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. CONSIDERATION OF A 10'/2-MONTH EXTENSION OF THE EXISTING 45-DAY MORATORIUM ON ISSUANCE OF PERMITS TO PARK RECREATIONAL VEHICLES ON PRIVATE PROPERTY. Assistant Planner Missy Grisa stated this item was for a 101/6 month extension of the existing 45-day Moratorium or until the new ordinance is amended. The new Recreational Vehicle Ordinance will be presented to the City Council on February 11, 2010. She said this item was Noticed in The Desert Sun on January 7, 2010 and no comments had been received to date. Mayor Finerty declared the public hearing open and invited public testimony in FAVOR of or in OPPOSITION to this matter. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010 MR. FRANK TAYLOR stated he's been a Palm Desert resident for the past 25 years and was in favor of extending the Moratorium until the new ordinance was amended, because some people want to review the final version prior to it being adopted. With no further testimony offered, Mayor Finerty declared the public hearing closed. Mayor Pro Tem Ferguson moved to waive further reading and adopt Urgency Ordinance No. 1206 by four -fifths vote, making findings and imposing a 10'/z-month extension to the existing 45-day interim moratorium on issuance of permits to park recreational vehicles on private property. Motion was seconded by Spiegel and carried by a 4-0 vote, with Kelly ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK 1. Announcement of Joint City Council, Redevelopment Agency, and Housing Authority Study Session, Monday, February 8, 2010, 1:30 p.m., Administrative Conference Room — Fiscal Year 2009-2010 Project Status Update. Ms. Klassen announced the Joint City Council Redevelopment Agency, and Housing Authority Study Session on Monday, February 8, at 1:30 p.m. for the FY 2009-2010 Project Status Update. D. PUBLIC SAFETY o Fire Department Chief Cooley updated the City Council on the Fire Department's activities during last week's considerable rainfall event. He said in light of that and advance notice of the storms coming, three operational areas were set up across the County. Additional staffing was put on in the Desert Area; Cal Fire hand crews were available in the Coachella Valley, as well as a bulldozer and stake -side prefilled with sandbags. Fortunately, because of the make-up of the City and all the flood control work done in the past, he was unaware of any 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010 significant incidents in Palm Desert other than a few traffic accidents and slight increase in service calls for them. Within the County, 420 cubic yards of sand were distributed in 32,000 sandbags. Locally, staffing on the truck includes personnel who are swift -water -rescue trained, and they were available in the City at all times in case rescues were needed. Further, the County has a large rescue vehicle with water rescue equipment on it placed at Palm Desert's Station No. 33, and that vehicle was staffed with extra firefighters paid for through the County in case there were additional calls in the area. He said they were actually used on rescues in several areas both in and out of the Coachella Valley. He summarized that the Department was very busy overall, but Palm Desert was very fortunate to be spared from any significant events or damage. Responding to question about whether or not any firefighters had been sent to Haiti to assist with the rescue and recovery efforts following the January 12 earthquake, Chief Cooley said they were not. Many of the special rescue personnel, primarily highly trained truck personnel, are on California Task Force No. 6, which was No. 24 on the rotation to go out anywhere when the incident occurred. Therefore, they were not up for deployment and not sent to Haiti. However, he knew several other urban Search and Rescue Teams were sent from the United States. o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Consideration of Request for Purchase of Table at the Virginia Waring International Piano Competition Black and White Ball (VWIPC). Mr. Wohlmuth said the VWIPC Board had requested he ask the City Council to participate in the Black and White Gala, indicating that Palm Desert had in the past and that the Cities of Indian Wells and Rancho Mirage had already purchased a table this year. He informed them of the new law requiring attendees to report the value of the event, in this case $300/person, but he was unsure of the separate meal cost from that amount. At this time, he didn't know if any Councilmembers were interested in participating either 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010 individually or buying a table; therefore, he placed it on the agenda for such direction. Councilman Spiegel noted that both the Cities of Indian Wells and Rancho Mirage have purchased a table and that the Virginia Waring International Piano Competition was held in the City of Palm Desert in conjunction with College of the Desert, the McCallum Theatre, and Cal State - San Bernardino. Councilman Spiegel moved to, by Minute Motion: 1) Approve City of Palm Desert contribution of $3,000 to the Virginia Waring International Piano Competition Black and White Ball on January 31, 2010, for a table of ten; 2) appropriate said funds from Account No. 110-4110-410-3125 - City Council Local Meetings. Motion DIED for lack of a second. Councilmember Benson said she'd spoken with someone in Indian Wells, which she thought had the same policy as Palm Desert — if anyone on the City Council wants to attend such an event, they can go, but the City was not buying entire tables anymore. Mr. Wohlmuth said he was unaware of a City policy doing away with the purchase of entire tables at such events. Normally when these requests come in, however, staff looks at the budget to see if there are adequate funds, and it's dependent upon what the City's relationship is to the event. For example, he said there was a "Palm Desert Citizen of the Year" event coming up, and the City has committed to buying tables, with one of City Council's peers being honored at the event later this year. He commented that if a table is purchased, the City wants to make sure that it can attend and fill the table. Mayor Finerty remarked that when representatives from the Virginia Waring Event last addressed the City Council, they were encouraged to go through the City's Outside Agency Funding application process, as the City could not keep funding such events given current budget constraints. Mr. Wohlmuth said referring requesters to make application to the City's Outside Agency Funding Committee was a common response that the City Manager's Office prepares and sends out. He was unsure if the Virginia Waring event received such information this year, as he only became aware of this request last week. Although, he noted that most of the charitable requests were for larger sums of money. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010 o City Council Consideration of Travel Requests and Reports: None o City Council Committee Reports: 1. Palm Sprinas Desert Resort Communities CVA Annual Luncheon — Mayor Pro Tem Ferguson said he attended the Annual Luncheon this afternoon and saw the introduction of their new promotional video. He felt it was the best one he'd seen since being on the City Council in 1997; the video does a great job of highlighting the Coachella Valley as a whole without mentioning any one city in particular and did the best job of marketing Desert Resorts, as in the Authority's name now. The program was also excellent, with the head of public affairs for the National Tourism Agency in Washington, D.C., giving the keynote address, and he learned a lot. o City Council Comments: 1. Circus Vargas — Councilman Spiegel reported that Circus Vargas gave 24 passes to the children living in Shelter From the Storm's transitional housing so that they could have a nice outing and enjoy the Circus. XIX, ADJOURNMENT On a motion by Ferguson, second by Spiegel, and 4-0 vote of the City Council, with Kelly ABSENT, Mayor Finerty adjourned the meeting at 4:22 p.m. ATTEST: RAC, LLE D. KLSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA INDY FIE TY, MAY 13