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HomeMy WebLinkAbout2010-03-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 11, 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 Richard S. Kelly Councilman Robert A. Spiegel Mayor Cindy Finerty AI§o Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Bill Hunley, Battalion 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 MARCH 11, 2010 IV. ADJOURN TO CLOSED SESSION Reauest 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 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Labor Negotiator pursuant to Govemment Code Section 54957.6: Negotiating Parties: John M. Wohlmuth/City of Palm Desert Upon a motion by Ferguson, second by Kelly, and 5-0 vote of the City Council, Mayor Finerty adjoumed the meeting to Closed Session at 3:00 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Robert A. Spiegel VII. INVOCATION - Councilman Richard S. Kelly 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 VIII. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS None X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 25, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 180 and 181. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of December 2009 and January 2010 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES,. 1. Audit, Investment & Finance Committee Meetings of December 22, 2009, and January 26, 2010. 2. Marketing Committee Meeting of January 26, 2010. Rec: Receive and file. E. LETTER OF RESIGNATION from Steve Koffler- Rent Review Commission. Rec: Receive with very sincere regret. F REQUEST FOR DECLARATION of Surplus Property and Disposal Authorization — Miscellaneous Computer and Electronic Office Equipment. Rec: By Minute Motion, declare items listed on the accompanying staff report's Exhibit "A" as surplus property and authorize disposal as appropriate. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 G. REQUEST FOR DECLARATION of the City of Palm Desert's 1972 Oshkosh Snorkel Reserve Fire Truck as Surplus and Authorize Disposal. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. H. REQUEST FOR APPROVAL of Contract with StateNet for Legislative and Regulatory Reporting Services (Contract No. C29630). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. I. REQUEST FOR AUTHORIZATION to Purchase Custom -blend Liquid Fertilizers for the Desert Willow Golf Resort from Floratine California in an Amount Not to Exceed $48,352. Rec: By Minute Motion, authorize the purchase of custom -blend liquid fertilizers from Floratine Califomia, Phoenix, Arizona, in an amount not to exceed $48,352 for the Desert Willow Golf Resort — funds are available in Golf Course and Ground Expenses Account, No. 520-4195-495-8031. J. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C28720 with Same Day Express - Public Art Maintenance Services. Rec: By Minute Motion, approve Change Order No. 1 to extend the subject contract with Same Day Express, Palm Desert, Califomia, for one (1) year in the amount of $39,120 for maintenance services for the City of Palm Desert's permanent public art collection and the El Paseo Invitational Exhibition — funds are available in Account No. 436-4650-454-3372. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28860 — Civic Center Park Amphitheater Construction Project (Doug Wall Construction Inc., Bermuda Dunes, 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. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29050 — Refurbishing Tenant Improvements at the Parkview Office Complex Suite No. 102 (Woodburn Construction, Arcadia, 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. M. CONSIDERATION of Legislative Review Committee Action on AB1607 (Knight) — Public Housing. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of February 23, 2010, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 1607 (Knight). N. REQUEST FOR AUTHORIZATION to Purchase "File of Life" Materials with CaICOPS Funds in the Amount of $1,590. Rec: By Minute Motion, authorize the request to expend $1,590 in CaICOPS funds for the purchase of "File of Life" materials. O. REQUEST FOR AUTHORIZATION to Purchase a K-9 Ballistic Vest for the City of Palm Desert's Police K-9 "Van Snapp" with CaICOPS Funds in the Amount of $706.88. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. P. REQUEST FOR AUTHORIZATION to Proceed with Implementation of a "Dine Out Palm Desert" Restaurant Promotion for One Month During Late Summer - Early Fall 2010. Rec: By Minute Motion, authorize implementation of a "Dine Out Palm Desert" Restaurant Promotion in late summer - early fall 2010 —funds are available in the Marketing Budget, Account No. 110-4417-414-3223. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 Q. REQUEST FOR APPROVAL of Out -of -State Travel for Risk Manager to Participate as a Presenter at the National Risk and Insurance Management Society (RIMS) Annual Conference - Boston, Massachusetts, April 26-29, 2010. Rec: By Minute Motion, approve the subject out-of-state travel for the Risk Manager to participate as a presenter at the National Risk and Insurance Management Society (RIMS) Annual Conference in an amount not to exceed $700 — funds are available in Account No. 110-4130-411-3120. Councilman Kelly asked that Item G and 0 be removed for separate consideration under Section IX. Mayor Pro Tem Ferguson asked that Item H be removed for separate consideration. Upon a motion by Spiegel, second by Kelly, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER G. REQUEST FOR DECLARATION of the City of Palm Desert's 1972 Oshkosh Snorkel Reserve Fire Truck as Surplus and Authorize Disposal. Councilman Kelly stated the Snorkel Reserve Fire Truck would be an ideal piece of equipment for ranchers who picked dates. He recommended that the motion include staff check with local date ranchers to see if there was interest in the truck. Councilman Kelly moved to, by Minute Motion, declare the 1972 Oshkosh Snorkel Reserve Fire Truck (Vehicle I.D. No. 12084) as surplus and authorize disposal as proposed, with staff requested to check with local date ranchers for their potential interest in disposition of the 1972 Oshkosh Snorkel Reserve Fire Truck. Motion was seconded by Kelly and carried by a 5-0 vote. H. REQUEST FOR APPROVAL of Contract with StateNet for Legislative and Regulatory Reporting Services (Contract No. C29630). Mayor Pro Tem Ferguson stated StateNet was a legislative tracking service he used in the 1980's prior to the Internet coming into fruition. He conducted regulatory and legislative tracking for free on the Internet, and it worked well. He said it worked so well that he signed up for e-mail alert when a change occurs in any piece of legislation. He wondered why the City was still using StateNet when a perfectly free service via the Internet and State's website was available. He realized it was only $1,890, but it seemed the staff kept 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 renewing contracts for no particular reason without checking to see if there was something better and cheaper. Mr. Aryan stated the Risk Manager who dealt with the legislative tracking indicated that he would like to continue this service for another year. He said StateNet allowed staff to perform query searches on specific topics presented in a data format weekly, so it was a benefit to staff. However, he agreed to look into other means that are more cost effective. Mayor Pro Tem Ferguson requested that staff go back and compare the benefits of the State's website and the queries it may be able to run on it. He questioned the benefits of it, because he served on the Legislative Committee for five years and saw the reports provided by StateNet, which were no different from the ones he obtained from the State's website. He said perhaps the Risk Manager can make the comparison and explain it at the next meeting. Mr. Aryan agreed to review the matter and see if there was a more cost-effective means. Mayor Pro Tem Ferguson moved to, by Minute Motion, continue this matter to the meeting of March 25, 2010. Motion was seconded by Spiegel and carried by a 5-0 vote. O. REQUEST FOR AUTHORIZATION to Purchase a K-9 Ballistic Vest for the City of Palm Desert's Police K-9 "Van Snapp" with CaICOPS Funds in the Amount of $706.88. Councilman Kelly stated he would vote no on this item, because he couldn't image that Van Snapp would wear the vest. He couldn't see how the vest would provide much protection, and it would hamper the K-9's ability to move quickly, because agility was an important part of what he did. Mayor Finerty stated a verbal report would have been provided from the Public Safety Commission, but they were unable to meet due to a lack of a quorum. Mr. Aryan agreed, stating the Public Safety Commission was going to review this item yesterday, but because it didn't have a quorum, the meeting was continued to March 16, 2010, at which time he will present this as a receive and file item for them. It was his understanding in talking to Lieutenant Shouse that K-9 Van Snapp would only use the vest when in potential dangerous situations. Councilmember Benson asked if a recommendation was provided by Officer Steve Rivera who was the person responsible for Van Snapp. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 Mayor Finerty responded that Officer Rivera was the one who submitted the request. She pointed out that other K-9's had this equipment, and it was being paid with CaICOPS funds. Lieut. Shouse agreed the ballistic vest was heavy and caused a dog to become very hot; however, the dog would not be wearing it on a daily basis. The vest would only be put on in rare are dangerous situations where Van Snapp would be the last resort to be deployed to engage with an armed suspect or something to that effect. He agreed the vest affected agility, but would only be used in unique situations. Councilman Kelly stated the dog would probably be shot in the front and not his side. Lieut. Shouse agreed. Councilman Spiegel asked if there had been an occasion where the vest would have been necessary from the rear. Lieut. Shouse responded the situation where Van Snap would most likely be deployed with the vest when they had an armed and barricaded suspect. To his knowledge Officer Steve Rivera and K-9 Van Snapp had been deployed into buildings to find suspect that were hiding, but not known and armed suspects. He said the Department didn't typically deploy a K-9 into a location to engage an armed suspect with a gun, specifically because it was known the suspect would shoot the dog. He said the dog was a valuable asset to the Department and wouldn't want to dispose of him easily; therefore, K-9's are not typically deployed in those instances. Councilman Kelly stated the fact that funding would come from CaICOPS didn't impress him. He said twice this week he ran into a situation where there were traffic jams a mile long, because traffic was cut down to one lane with no one there to help move traffic. He said if there were extra funds in CaICOPs, he'd rather have an officer direct traffic when a lane is closed. He said on behalf of Van Snapp, who probably didn't want the vest, he will vote no to hopefully save him from the experiment. Responding to question, Lieutenant Shouse said K-9 teams throughout the County have used this item and have been purchasing it for some time. Councilmember Benson stated it was the only thing available to protect the K-9. Councilmember Benson moved to, by Minute Motion, authorize the request to expend $706.88 in CaICOPS funds for the purchase of a K-9 Ballistic Vest for the City of Palm Desert's Police K-9 "Van Snapp." Motion was seconded by Ferguson and carried by a 4-1 vote, with Kelly voting NO. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR DECLARATION OF THE CITY OF PALM DESERT'S SUPPORT FOR THE CALIFORNIA EMERGING TECHNOLOGY FUND'S (CETF) "GET CONNECTED!" PUBLIC AWARENESS AND EDUCATION CAMPAIGN. Mayor Pro Tem Ferguson moved to: 1) Waive further reading and adopt Resolution No. 2010 - 11, declaring support for the California Emerging Technology Fund's (CETF) "Get Connected!" Public Awareness and Education Campaign; 2) By Minute Motion, authorize City Manager to send correspondence to the CETF, indicating the City of Palm Desert's support of the "Get Connected!" public awareness and education campaign to improve broadband access within California; 3) By Minute Motion authorize CETF to list the City of Palm Desert City Council as champions of the "Get Connected!" Program in their various communication materials. Motion was seconded by Spiegel and carried by a 5-0 vote. B. REQUEST FOR AWARD OF CONTRACTS FOR BANKING AND CUSTODY SERVICES TO UNION BANK FOR A TERM OF FIVE (5) YEARS, WITH AN OPTION TO RENEW FOR AN ADDITIONAL TWO (2) YEARS (CONTRACT NOS. C29640A AND C29640B) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY, PALM DESERT FINANCING AUTHORITY, AND PALM DESERT HOUSING AUTHORITY). Councilmember/Member/Commissioner Benson moved to, by Minute Motion: 1) Award Banking and Custody Services Contracts to Union Bank for a term of five (5) years, with an option to renew for an additional two (2) years; 2) authorize the City Treasurer to execute said Banking and Custody Services Contracts on behalf of the City. Motion was seconded by Spiegel and carried by a 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 C. REQUEST FOR AUTHORIZATION TO REIMBURSE THE HOUSING SET - ASIDE FUND IN THE AMOUNT OF $122,376 FROM HOUSING MITIGATION FUND FOR THE VALUE OF VACANT LOTS ASSOCIATED WITH THE 14 SELF-HELP UNITS LOCATED ON MERLE STREET (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Councilmember/Member Benson moved to, by Minute Motion, authorize staff to reimburse Housing Set -aside in the amount of $122,376 from Housing Mitigation Funds — available in Housing Mitigation Account No. 214-4490-466-3901. Motion was seconded by Ferguson and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF RESOLUTIONS AND RELATED ACTIONS, APPROVING THE GUIDELINES AND PROCEDURES FOR THE NEIGHBORHOOD STABILIZATION PROGRAM (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Councilmember/Member Benson moved to: 1) Waive further reading and adopt City Council Resolution No. 2010 - 12 and Redevelopment Agency Resolution No. 570, approving the Guidelines and Procedures for the Neighborhood Stabilization Program (the "NSP" Program), substantially as to form; 2) By Minute Motion, receive and file the Standard Agreement from State of California Housing and Community Development (HCD) for Joint NSP Funding with the County of Riverside; 3) By Minute Motion, approve the draft program documents related to the acquisition of foreclosed homes in the designated target areas of Palm Desert, as required by the NSP Program; 4) By Minute Motion, approve the draft loan documents related to the City Silent Second Loans for down payment assistance and rehabilitation substantially as to form; 5) By Minute Motion, accept the County of Riverside's identified list of authorized NSP Lenders and Education Sources; 6) By Minute Motion, authorize use of a third party to facilitate the Rehabilitation Component of the NSP Program, as necessary; 7) By Minute Motion, authorize the City Manager and/or Executive Director to execute any documents necessary to establish and/or implement the NSP Program; 8) By Minute Motion, establish a budget for estimated revenue to State Grant- HCD NSP Revenue Account No. 214-0000-334-7203 in the amount of $326,784 and appropriate $326,784 to the related expense for the Neighborhood Stabilization Program. Motion was seconded by Spiegel and carried by a 5-0 vote. XV. CONTINUED BUSINESS None 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 XVI. OLD BUSINESS A. REQUEST FOR DIRECTION REGARDING EXTENSIONS TO CONTINUE ALLOWING OUTDOOR DISPLAYS OF MERCHANDISE IN THE CITY. Councilman Kelly moved to, by Minute Motion, continue the City's current program for one additional year, allowing the outdoor display of merchandise with issuance of a Temporary Use Permit. Motion was seconded by Kelly and carried by a 5-0 vote. XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION, DENYING A REQUEST FORA TENTATIVE TRACT MAP WITH ASSOCIATED CEQA ADDENDUM TO THE SEIR FOR STONE EAGLE; THIRD AMENDMENT TO DEVELOPMENT AGREEMENT 02-01 (STONE EAGLE DEVELOPMENT); AND ZONING ORDINANCE AMENDMENT TO REVISE THE HILLSIDE PLANNED RESIDENTIAL ZONE RIDGELINE MAP, WHICH WOULD ALLOW THE SUBDIVISION OF 7.7 ACRES INTO SIX (6) RESIDENTIAL LOTS — SUBJECT PROPERTY LOCATED WEST OF THE PALM VALLEY STORM CHANNEL AT THE TERMINATION OF OLD STONE TRAIL (APN 652-090-002) Case Nos. TT 34943. DA 02-01 Amendment #3, and ZOA 09-494 (Eagle 6.5, LLC, c/o Ted Lennon, Applicant/Appellant). Mayor Finerty stated an e-mail was received from the Applicant requesting the Council continue this matter to a date uncertain. She said she was advised by the City Attorney that the matter will be re -noticed. Mayor Pro Tem Ferguson moved to, by Minute Motion, continue the matter to a date uncertain, with re -noticing of the date to be provided at the appropriate time. Motion was seconded by Spiegel and carried by a 4-0-1 vote, with Ferguson ABSTAINING. B. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM OFFICE PROFESSIONAL (C-OP) TO LOW -DENSITY RESIDENTIAL (R-L) 0-4 UNITS PER ACRE AND A CHANGE OF ZONE FROM OFFICE PROFESSIONAL (O.P.) TO RESIDENTIAL ESTATES (R.E.) 40,000 SQUARE -FOOT MINIMUM LOT SIZE FOR TWO PARCELS LOCATED AT 77-925 HIDDEN RIVER ROAD AND 77-930 DELAWARE PLACE Case Nos. GPA / CZ 10-18 (City of Palm Desert, Applicant). Principal Planner Tony Bagato stated this request was for a General Plan Amendment and Change of Zone. He displayed the location of the two properties. He said the current zone was Office Professional (O.P.) and staff was proposing to re -zone Residential. He said a homeowner on Hidden Valley Road approached staff about changing the zone similar to something 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 the City did for a homeowner on Delaware Place. He said the uses no longer accommodated the intent of Office Professional. Therefore, staff recommended that these two parcels be re -zoned back to Residential, which will make the two parcels compatible to the existing neighborhood. He offered to answer questions. Councilman Spiegel questioned why these two parcels that were originally for housing were re -zoned Office Professional. Mr. Bagato responded that in 1997 the two parcels were part of the implementation of the Project Area 4 Specific Plan, and the intent was to have commercial development be a buffer for heavy traffic to the residential areas similar to what the City did on Fred Waring Drive using Office Professional. However, since 1997, no one had approached the City to build on the two Tots. The City had one approval for a property on Washington Street where an office project was able to be accommodated. Staff no longer believes these two parcels are to be Office Profession for long-term use. Responding to question, he said the intent of re -zoning to Residential would be permanent. Mayor Finerty declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the public hearing closed. Mayor Pro Tem Ferguson moved to waive further reading and: 1) Adopt Resolution No. 2010 - 14, approving a General Plan Amendment from C-OP to R-L.; 2) P a s s Ordinance No. 1210 to second reading, approving a Change of Zone from O.P. to R.E. 40,000. Motion was seconded by Spiegel and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 C. CITY CLERK 1. Reminder of Joint City Council - Redevelopment Agency - Housing Authority - Planning Commission - Housing Commission Study Session/Tour of Housing Authority Properties on Thursday, March 18, 2010, Convening at 9:45 a.m. in the Civic Center North Wing Conference Room and Continuing with a Bus Tour. 2. Reminder of Special Joint City Council - Planning Commission Meeting, Wednesday, March 24, 2010, 4:00 p.m. in the Council Chamber for a Public Hearing regarding the Palm Desert Aquatic Complex. Ms. Klassen called City Councilmembers' attention to the reminders for upcoming events. Councilmembers so noted the dates. D. PUBLIC SAFETY o Fire Department None o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: None o City Council Consideration of Travel Reauests and Reports: None o City Council Committee Reports: None 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 o City Council Comments: None XIX. ADJOURNMENT On a motion by Spiegel, second by Benson, and unanimous vote of the City Council, Mayor Finerty adjourned the meeting at 4:19 p.m. ATTEST: RA HELLE D. K SEN,1✓ITY CLERK CITY OF PALM DESERT, CALIFORNIA CINDY FI =RTY, MA OR 14