HomeMy WebLinkAboutPRELIM - CC - 04/10/08 �����
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REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, APRIL 10, 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 3:03 p.m.
II. ROLL CALL
Present: Excused Absence:
Councilmember Cindy Finerty Co�ncilman Jim Ferguson
Councilman Richard S. Kelly
Mayor Pro Tem Robert A. Spiegel
Mayor Jean M. Benson
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
Stephen P. Deitsch, Assistant City Attorney
Sheila R. Gilligan, ACM for Community 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
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
Dan Wilham, Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
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III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
NOTE: THE FOLLOWING ITEMS WERE LISTED ON AN AGENDA ADDENDUM
POSTED 72 HOURS PRIOR TO THE MEETING.
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 43-915 Portola Avenue, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Martin Alvarez/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Dianne Dorrough Trust
Under Negotiation: x Price x Terms of Payment
2) Property: 43-895 Portola Avenue, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Martin Alvarez/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Rutilio & Dominga Perez
Under Negotiation: x Price x Terms of Payment
Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with
Ferguson ABSENT, Mayor Benson adjourned the meeting to Closed Session at 3:04 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.
Mr. Deitsch reported that earlier this afternoon, the City Council and
Redevelopment Agency Board met in Closed Session in order to consider
three items pertaining to Real Property Negotiations, as posted on the
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Agenda and the Agenda Addendums. No reportable action was taken on
those items. Additionally, he said the City Councit considered one item of
anticipated litigation under Government Code Section 54956.9(b). The City
Council directed that the appeal in the matter of the partial revocation or
modification of the Conditional Use Permit for Augusta's Restaurant,
pertaining to the use of nighttime music, shall be heard by the City Council
on May 15, 2008, at a continued regular meeting.
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE
UNITED STATES OF AMERICA - Councilman Richard S. Kelly
VII. INVOCATION - Councilmember Cindy Finerty
VIII. ORAL COMMUNICATIONS - B
MS. TONI GUTIERREZ, Member of the Palm Desert Youth Committee, addressed
City Council on behalf of the Committee,which supported the Joslyn Senior Center
through various fund-raising activities. She said last year's event, a Junior-Senior
Prom was very successful, where over 200 seniors participated with younger
members of the community. On Saturday, April 12, the Committee will hold its
second annual fund-raiserforthe Senior Center, a Polynesian Garden Party, which
will begin at 5:00 p.m. at the Senior Center on Catalina Way. She went on to say
activities would include Polaroid photos, a hula contest, flame-throwing
demonstrations, a ukulele serenade, limbo competition, sing-alongs, and
refreshments. She also invited City Councilmembers and staff to purchase tickets
for the event at $5.00 each.
Mayor Benson thanked Ms. Gutierrez for her remarks and for her contributions to
the Youth Committee, noting that the Senior Center was glad to have its support.
She was also aware that last year's event was very successful and was certain this
year's would be even better.
Lt. Taylor invited Mayor Benson to come down in front of the dais to receive a
presentation from the City of Desert Hot Springs.
Capt. Wilham recalled for City Council that in the first few months of 2008, the
Palm Desert Police Department assisted the City of Desert Hot Springs with a traffic
program, and its Mayor Yvonne Parks and Chief of Police Pat Williams wanted to
attend today's meeting to personally thank Mayor Benson and the City Council for
this contribution.
CHIEF OF POLICE PAT WILLIAMS, City of Desert Hot Springs, said that on behalf
of the City of Desert Hot Springs Police Department, he offered thanks and
appreciation then-Chief of Police Steve Thetford and Captain Wilham, Lt. Taylor,
and the Motor Officers for the wonderful support his community received at a time
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when it was needed. He said they were very fortunate to receive and appreciative
of the efforts made by the Palm Desert Police Department and the City of
Palm Desert.
MAYOR YVONNE PARKS, City of Desert Hot Springs, thanked all City
Councilmembers fortheir assistance by providing her city with two motorcycles and
allowing two Palm Desert Police Department/Sheriff's Department officers to
provide traffic control. She said they wanted to present two plaques, one for the
City Council and one for the Palm Desert Police DepartmenUSheriff's Department.
She read from the plaque to the City Council: "On behalf of the City of Desert Hot
Springs and the full City Council of Desert Hot Springs, in appreciation of your
partnership and leadership in supporting effective traffic safety enforcement and
education for the residents of the City of Desert Hot Springs."
Mayor Benson and Capt. Wilham accepted the plaques and thanked the officials
for the recognition. Mayor Benson commented that the City of Palm Desert and
Council were very concerned over the accident that led to sending its officers to
provide traffic control. She said everyone was very sympathetic when something
like that happened in a neighboring Valley city, and the City tried to think of a way
it could help.
Lt. Taylor introduced finro Palm Desert Police Officers who had recently been
reassigned, Officer Bill Conway and Officer Mark Hanson. He said Officer Conway
had been in law enforcement for 17 years , had recently completed the required
training and was now assigned as one of the City's Motorcycle Officers. He said
Officer Hanson had been with the Department for over 12 years, working in the
Traffic Division for an extended period of time, and he had now taken over as the
Commercial Vehicle Enforcement Officer.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/
PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR
EXCEPTIONAL SERVICE — MARCH 2O08.
On behalf of the City Council, Mayor Benson and Mr. Ortega recognized the
following employees for meritorious service above and beyond the call of
duty: Steve Aryan, Sharon Christiansen, Cherie Thompson, Debra Lee,
Wilma Michelson, and Lori Wimbish.
Mayor Benson commented that it was always a pleasure to honor the City's
employees, because they mean so much to the City Council and make the
City of Palm Desert shine all the time. She personally congratulated the
honorees.
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X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of March 27, 2008.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 206, 207, 211, 212, 216, 217, 221, and 222.
Rec: Approve as presented.
C. CITY'S/AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for
November 2007, December 2007, January 2008, and February 2008 (Joint
Consideration with the Palm Desert Redevelopment Agency).
Rec: Receive and file.
D. APPLICATION FORALCOHOLIC BEVERAGE LICENSE byAmerican Male,
36-901 Cook Street, Suite 5, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jalapeno's
Spicy Mexican Grill, 72-286 Highway 111, Suite J5, Palm Desert.
Rec: Receive and file.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sushi Cafe,
36-901 Cook Street, Suite 6, Palm Desert.
Rec: Receive and file.
G. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Historic Preservation Committee Meeting of January 29, 2008.
2. Parks & Recreation Commission Meeting of February 19, 2008.
Rec: Receive and file.
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H. REQUEST FOR ADOPTION of Resolutions Authorizing Destruction of Paper
Files from the Department of Building & Safety That Have Been Digitally
Imaged Onto CDs.
Rec: Waive further reading and adopt Resolution: 1) No. 08-19 for
October 2007 records; 2) No. 08-20 for November 2007 records;
3) No. 08-21 for December 2007 records; 4) No. 08-22 for
January 2008 records.
I. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU)
Between the City of Riverside and the City of Palm Desert for the "Avoid
The 30 Enforcement Program" (Contract No. C27560).
Rec: By Minute Motion, approve the subject MOU between the City of
Riverside and the City of Palm Desert to participate in the "Avoid The
30 Enforcement Program" grant that will be administered by the
City of Riverside.
J. REQUEST FOR AUTHORIZATION to Expend Cal COPS Grant Funds
(Supplementaf Law Enforcement Services Fund - SLESF) 2007/08 to
Purchase 500 City of Palm Desert Police Uniform Patches.
Rec: By Minute Motion: 1) Authorize the expenditure of Cal COPS Grant
Funds (Supplemental Law Enforcement Services Fund - SLESF)
2007/08 to purchase 500 City of Palm Desert Police uniform patches
in an estimated amount of $1,131.38; 2) authorize the use of West
End Uniforms as a sole source vendor for this product.
K. REQUEST FOR APPROVAL of Honorariums for Each of the Four Artists
Presenting Proposals for the Painter's Path Project (Contract
Nos. C27570A-D).
Rec: By Minute Motion, approve honorariums in the amount of$2,000 each
to Gary Price, Dee Clements, Terry Allen, and Clay Dahlberg for the
Painter's Path Project — funds are available in Account
No. 436-4650-454-3010.
L. CONSIDERATION of Legislative Review Committee Action on AB 2069
(Jones) — Residential Development.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its March 25, 2008, meeting, and direct staff to
prepare a letter of opposition for the Mayor's signature with regard to
AB 2069 (Jones).
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M. CONSIDERATION of Legislative Review Committee Action on AB 2097
(Coto) — Low and Moderate Income Housing Fund.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its March 25, 2008, meeting, and direct staff to
prepare a letter of support for the Mayor's signature with regard to
AB 2097 (Coto).
N. CONSIDERATION of Legislative Review Committee Action on AB 2335
(Nakanishi) — Building Permits.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its March 25, 2008, meeting, and direct staff to
prepare a letter of support for the Mayor's signature with regard to
AB 2335 (Nakanishi).
O. CONSIDERATION of Legislative Review Committee Action on AB 2601
(Benoit) — Vehicle License Fee.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its March 25, 2008, meeting, and direct staff to
prepare a letter of opposition for the Mayor's signature with regard to
AB 2601 (Benoit).
P. CONSIDERATION of Legislative Review Committee Action on AB 2604
(Torrico) — Developer Fees.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its March 25, 2008, meeting, and direct staff to
prepare a letter of opposition for the Mayor's signature with regard to
AB 2604 (Torrico).
Q. CONSIDERATION of Legislative Review Committee Action on AB 2676
(Calderon) —Transient Occupancy Taxes.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its March 25, 2008, meeting, and direct staff to
prepare a letter of opposition for the Mayor's signature with regard to
AB 2676 (Calderon).
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R. CONSIDERATION of Legislative Review Committee Action on SB 1433
(Wyland) — Mobile Home Parks.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its March 25, 2008, meeting, and direct staff to
prepare a letter of opposition for the Mayor's signature with regard to
SB 1433 (Wyland).
S. CONSIDERATION of Legislative Review Committee Action on SB 1473
(Calderon) — Green Buildings.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its March 25, 2008, meeting, and direct staff to
prepare a letter of opposition for the Mayor's signature with regard to
SB 1473 (Calderon).
T. INFORMATIONAL REPORTS:
1. 2007 Annual Public Safety Reports.
2. Report Outlining the Process for Changing the Street Name from
Highway 74 to Monterey Avenue.
Upon motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with
Ferguson ABSENT, the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
None
XII. RESOLUTIONS
A. RESOLUTION NO. 08-23 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, SURRENDERING THE
PERMIT FOR THE COACHELLA VALLEY FRINGE-TOED LIZARD
HABITAT CONSERVATION PLAN.
Mr. Ortega stated the City will surrender the Permit for the Coachella Valley
Fringe-Toed Lizard Habitat Conservation Plan because it will now be
operating underthe Coachella Valley Multiple Species Habitat Conservation
Plan (CVMSHCP), which was recently adopted.
Councilman Kelly moved to waive fu�ther reading and adopt Resolution No. 08-23.
Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT.
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B. RESOLUTION NO. 08-24 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, REPLACING AND
SUPERCEDING RESOLUTION NO. 94-88, RELATING TO THE
PRODUCTION OF DOCUMENTS.
Mrs. Klassen stated this action will update the current Resolution, which was
adopted in 1994. The current Resolution didn't address electronic records
or the fee study that reflects the actual cost to reproduce documents at 15
cents per page and not 10 cents. She said the City was limited in what it
could charge for records copied in response to a subpoena, which remained
at 10 cents a copy. However, it will allow the City to recover costs for other
standard public records requests.
Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution
No. 08-24. Motion was seconded by Kelly and it carried by a 4-0 vote, with Ferguson
ABSENT.
XIII. ORDINANCES
For Introduction:
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 A BUSINESS LICENSE TO LANDSCAPE-RELATED
BUSINESSES IN THE CITY OF PALM DESERT.
Landscape Manager Spencer Knight stated this Ordinance was generated
by the Coachella Valley Association of Governments (CVAG) and has been
approved by a number of other municipalities. The purpose of this
Ordinance would be to help further the educational process for the
landscape profession in a different method of overseeding during the winter
time. This new method decreases particulate matter thrown into the air and
uses less water in the process.
Councilman Kelly asked what response will be given to those large
landscaping companies that are required to complete the course and
complain about those small operators who don't bother getting a permit and
continue to landscape without taking the class.
Mr. Knight responded he would rather have 50°/a of the landscapers using
the new method than none. He didn't think everyone could be corralled
because CVAG had a pamphlet out and adve�tised the program since the
year 2000, and it hasn't been effective. He wasn't sure how the City could
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reach all of the landscape profession, but implementation of this Ordinance
was another step towards getting the information out.
Mayor Benson stated if the Ordinance was approved, could a brochure be
mailed out explaining the benefits prior to a business license expiring, so that
notification was provided.
Mr. Knight responded the matter was discussed with Finance Director Paul
Gibson who's planning on mailing out a letter to all the licensed landscape
contractors in Palm Desert. He was also informed that CVAG was gathering
a mailing list from all the municipalities in order to send out an
announcement letter with the dates for the training classes. Further
responding, he confirmed all business licensees expired at different times,
and it would take a lot of time to find out how many needed to be renewed.
Councilman Kelly moved to waive further reading and pass Ordinance No. 1153 to
second reading, with additional direction that staff provide adequate notification to all
business licensees and applicants about the CVAG certification classes. Motion was
seconded by Spiegel.
Mayor Pro Tem Spiegel suggested advertising the course free of charge to
Palm Desert residents, who didn't have a license and cut their own grass, so
they could learn how do their own landscaping more economically and
effectively.
Mr. Knight responded City staff could provide the same training to City
residents, but the certification being presented by CVAG was a two-part
component program that involved Air Quality Control Board (AQMD)staff on
particular matter, and training on the alternative overseeding method, which
were funded by grant monies.
Councilman Kelly agreed to amend his motion to include notification that it will offer
a class on the overseeding alternative for residents who perform their own landscaping
work. Motion was seconded by Spiegel and it carried by a 4-0 vote, with Ferguson
ABSENT.
For Adoption:
None
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XIV. NEW BUSINESS
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).
Mr. Ortega stated staff had recommended a continuance of this matter
pending inspection of the property; however, the second inspection of the
property was made and staff was ready to make a recommendation for
Council to consider. He noted the Appellants were present.
Mayor Benson stated the letter from the City Attorney indicated the matter
would be continued until the second inspection took place on April 22.
Ms.Aylaian responded staff was able to improve upon the schedule because
the Appellants complied with the first inspection and accelerated the second
inspection. Staff conducted the second inspection of the premises and was
prepared to make a recommendation this evening rather than continue the
matter. Further responding, she said the remedial work for the conditions to
the Notice to Abate had been satisfactorily performed and staff
recommended Council uphold the revocation of the home-based occupancy
permit, but authorize staff to issue a new permit with tighter restrictions and
perhaps quarterly inspections to avoid a recurrence.
MS. YOLANDA STEGER, stated she was not used to speaking to such
exalted company and apologized if any mistakes were made in doing so.
She said she lived immediately behind the Sanchez property on Edinborough
Street and had received notification of this meeting. She said the homes on
Edinborough backed up to the homes along Delaware Place. She once had
a large vehicle battery thrown over the wall into her yard. It didn't get thrown
over from the Appellants property, but she was emphasizing the danger one
can experience when properties backed up to a residential property. She
finally looked at the subject lot and although it was very neat and tidy, she
could see there were many trucks, which appeared to be an active business.
She said her street is a quiet residential area where people want to bring up
their families in a peaceful environment, and she did not take kindly to the
idea of having a business backed up to her property without a roadway
between them.
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MRS.TRUDY SANCHEZ,Appelfant,thanked the Council forthe opportunity
to share their side of the story and stated she and her husband owned and
resided at 77-740 Delaware Place, CA. She said the City Council made
some decisions at previous meetings based on false information. The first
one being that all the neighbors were upset and constantly complaining
because they could see a lot of landscaping, trees, shrubs, and equipment
in theirfront yard,which was what started the problems and inspections. She
said nothing in their backyard was visible from the front of their home, which
indicated to her that none of her neighbors to the front of her street were
complaining. She said at the January 10�h City Council meeting, Council was
told the Sanchez's owned and operated a nursery from the subject property,
which was false information; consequently, their business permit was
revoked. She said they've never owned or operated a nursery from any
property, and their plants were bought from a nursery for their own use. She
learned that complaints received by the City were from her neighbor, a lady
who lives directly behind her property. She said a six-foot brick wall
separated the two properties and in order for this neighbor to look into the
backyard, she has to stand on a ladder, which they've observed her doing
so. She was told this had become a miserable situation for Code Compliance
because complaints still had to acted upon, even if they were considered
"silly." All attempts to work things out with the neighbor have been
unsuccessful, and didn't know what the answer was to resolve this conflict.
She said as long as this lady continued to be a neighbor, they will continue
to have problems, which she thought wasn't right. She felt they've been
harassed and felt hopeless and helpless about the situation, and they no
longer had any privacy.
Councilmember Finerty referenced Item No. 3 of the Conditions of Approval
included in the staff report that states, "Outdoor storage of plant materials,
irrigation equipment, or any such material used in association with a home
based business shall not exceed what is typical for the Residential Estate
Zone." She asked what would be the reason for having so much plant
material and pots in the yard as illustrated in the photographs provided in the
staff report.
MRS. SANCHEZ responded that in orderto come into compliance, they had
to get rid of the plant material and three water fountains that were going to
be used in their backyard, which took them three years to accumulate. She
said they purchased their home three years ago and could only afford to
landscape their front yard. They had started working on the side yard and
a fence, but not in their backyard. They no longer have the plant material
and will have to start from square one. She asked if they will ever be able to
landscape their backyard the way they choose too, or be prohibited only
because a neighbor liked to be on her ladder watching over into their
property. Responding to question, she said Code Compliance Officers knew
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it was not a nursery business and also knew complaints were coming from
this particular lady who lived directly behind their property. She said she
liked the neighborhood and had lived there long enough to say her neighbors
were their friends.
Mayor Pro Tem Spiegel asked what was the nature of the business.
MRS. SANCHEZ replied the landscaping business belonged to her husband
who was also present this evening. Responding to question about the
products being brought home, she said at times trips were made to Mexico
to buy pots for their own home but hadn't been placed.
Mayor Pro Tem Spiegel and Mayor Benson asked if the landscaping
business involved any products being held at the residence, and if the
business operated within an office within the residence.
MRS. SANCHEZ explained their landscaping business was operated within
an office out of a garage, they stored a truck, and did have landscaping
materials like garden hoses that were rolled up. She noted it was a large
piece of property. However, all the plant material was now removed,
including the trees that provided screening from the neighbor and the dirt
from the adjacent vacant property, which now blew into their house.
Mayor Pro Tem Spiegel stated he and Mayor Benson requested that staff
take them out to the property, and his recommendation was to continue the
matter until they've had an opportunity to do so.
Mayor Pro Tem Spiegel moved to, by Minute Motion, continue this matter to the
meeting of April 24, 2008, to allow for the final inspection, as outlined in the letter dated
March 3, 2008,from Best, Best&Krieger(copy attached to the accompanying staff report).
Mayor Benson seconded the motion.
Councilmember Finerty concurred.
MR. MANUAL SANCHEZ, 77-740 Delaware Place, CA, stated he was the
owner of Sancho's Landscaping and was present to respond to the business
license matter and to address false statements made that he's never been
in compliance. He was pleased to see Associate Planner Ryan Stendell
present because he along with Code Compliance Officer Pedro Rodriguez
were the ones who initially contacted him and instructed him to comply, and
he did. The neighbor who looks over the fence and takes pictures has been
reported to the Sheriff's Department, but he was told it was not against the
law if they stayed on their own side of their property. Their Jacuzzi wasn't
being used for fear of having their picture taken. The Police Department has
gone over to the neighbor's house to try and make contact, along with his
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own attempts, and he's even left a business card on her door in hopes to try
to resolve the matter, but the neighbor has never responded. Code
Compliance told him not to worry and that they were just going to ignore her
complaints. However, later Code Compliance Officer Johnny Terfehr,whom
he was unable to identify as a City employee because he was wearing levy
shorts and a purple shirt, was on his property without permission and he
called the Sheriff's Department on Mr. Terfehr. As an ex-Police Officer, he
recommended that Palm Desert Code Enforcement Officers wear uniforms
for identification. He said if the City of Indio could afford uniforms for its
employees, he was sure Palm Desert could afford them too. He said he's
been robbed and burglarized in the past, and trash had been thrown into his
backyard because it was an open roadway. He noted the City had finally
given them that piece of property, which he also mentioned to Mr. Terfehr,
but Mr. Terfehr was persistent in trying to make a case to walk onto his
property. He called the Sheriff's Department and asked that it be
documented, because the next time Mr. TerFehr was on his property, he will
detain him and have a Police Officer place him under citizen's arrest. He
said it felt like he had to break the law to enforce the law. He was told that
the City Manager had given instructions for Mr. Hart's home, which was
directly across the street from his home, to be left alone, and iYs never been
landscaped. He said that was selective enforcement, and it wasn't fair. He
claimed he's never been notified prior to any of the meetings and he had to
pay$215 to finally be heard. He went on to say it was embarrassing to have
a Public Nuisance notice posted on his garage door for all the neighbors to
see, and that a simple phone call or letter would have been sufficient. He
said he's never been given the decency or the common courtesy to be
notified in time to contest the matter, and is later notified of Council's
decision.
MR. RICHARD WEST, 77-665 Delaware Place, CA, stated he's lived on the
street for 25 years. He said in the past other issues had been brought before
the Council because they were a chosen area that had one acre parcels,
where contractors and landscapers worked out of their office. He'd like to
think they've been given a special kind of dispensation just because it was
an interesting area and thanked the Council for incorporating the area when
it did. He said he was not insulted by anything Sanchez Landscaping did on
their street. He said his neighbor across the street had a landscaping outfit,
and he supposed if his yard was looked into, one may be insulted by
lawnmowers and garbage acts. He said Mr. Sanchez provided a very clean
presentation and had done wonders with the house since Paul White passed
away. On behalf of a few people that lived there, they were not insulted by
the Sanchez's street presentation, but if one was going to be a "nosey
neighbor,"you could be insulted. He personally kept a forklift on his property
from his {ate labor days from his general contracting business. He said it
was the nature of the area where there was an eclectic, Bohemian bunch.
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Many lots are 2,000 square feet of tear down with nothing but tumbieweeds
in their backyards, that are adjacent to the Sanchez's property of 9,000
square-feet with mega-mansions on the same street. He said it was an
interesting area and hopefully they could learn to self police.
Councilman Ke11y stated in the letter from Mr. and Mrs. Sanchez, they ciaim
they've never run a nursery, yet further in the letter, they state the complaints
have caused them to have their business license revoked. He questioned
if they ran a business or not, otherwise what license was revoked.
Associate Planner Ryan Stendell clarified it was a landscaping business. He
said the perception the Sanchez family had always given to the Planning
Department was that the plant material in the rear of the property was for
personal planting around their property and it would eventually be planted.
The business license from the City was strictly for landscaping services only,
which entitled one business vehicles, an office, and various ancillary items.
It did not allow for plant material, etc. Further responding, he said the
business license was technically revoked, which the Sanchez's were
appealing before the Council this evening.
Mr. Deitsch explained the Administrative staff revoked the license, but it's
been appealed. During the appeal process, the license remains in effect
until a decision is made.
Mayor Benson stated that based on Stacey Shalhoub's letterfrom Best, Best
&Krieger dated March 3,where two inspections were scheduled, she agreed
with Mayor Pro Tem Spiegel that they should go out and look at the property
because she felt there was some confusion.
Councilman Kelly stated he was not opposed to a continuance, but there
seemed to be some controversial accusation that disturbed him. He
cautioned anyone from making accusations because there were many
aspects of the matter that didn't jive. The Appellants indicated they didn't
have a business, yet they were worried about their business license; they
claim the plant material was for their personal use, yet it wasn't used. He
was willing to continue the matter but felt Council had to step up to the plate
and decide whether the City had a law or not.
Mayor Benson called for the vote and it carried by a 4-0 vote, with Ferguson
ABSENT.
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B. REQUEST FOR AWARD OF CONTRACT FOR THE 2008 CITYWIDE
RESTRIPING PROJECT (CONTRACT NO. C27470, PROJECT
NO. 564-08).
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1)Award the subject contract
to JP Striping, Inc.,_Beaumont, California, in the amount of$315,000; 2) set aside a 10%
contingency for the contract in the amount of $31,500; 3) appropriate $196,500 from
Unobligated General Fund to the ProjectAccount, No. 110-4315-433-3320 forthe contract;
4)authorize the Mayorto execute said contract. Motion was seconded by Kelly and carried
by a 4-0 vote, with Ferguson ABSENT.
C. REQUEST FORAWARD OF CONTRACT FORTHE CITYWIDE DRYWELL
REMOVALS PROJECT TO SIMON CONTRACTING (CONTRACT
NO. C27580, PROJECT NO. 500-08).
Responding to question, Mr. Greenwood replied the subject drywells were
installed over the past 8-10 years, and they had failed due to the excessive
volume of water that entered into them and were no longer effective. They
left puddles of water on the street continuously, and the City received
complaints about the potential for mosquito breeding. Staff will backfill these
particular drywells and seek another method.
Mayor Benson noted under List of Repair Locations, the word "will" needed
to be substituted with the word "build" for all 18 items.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1)Award the subject contract
to Simon Contracting, Indio, California, in the amount of $100,214; 2) set aside a 10%
contingency for the project; 3) authorize the Mayor to execute said contract. Motion was
seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT.
XV. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF THE AMENDED CITY OF PALM DESERT
CELLULAR PHONE POLICIES (Continued from the meeting of March 27,
2008).
Mayor Pro Tem Spiegel moved to, by Minute Motion, approve the Amended
Wireless Cellular Phone Stipend Policy and the Push-to-Talk Cellular Phone Poficy.
Motion was seconded by Finerty and carried by a 4-0 vote, with Ferguson ABSENT.
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XVI. OLD BUSINESS
A. 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).
Mr. Ortega noted Council had previously considered this item; however,
further consideration was requested by a member of Council. He asked
Director of Public Works Mark Greenwood to illustrate both alternatives on
a map and explain what was really involved. Council could then decide to
continue with the previous action or choose/give an alternative action.
Responding to Councilman Kelly's question to motion to reconsider,
Mr. Deitsch replied Council could decide to reconsider after staff's
presentation. If final action had already taken place, the motion could then
be to reconsider; it would have to be made by someone who voted with the
majority.
Mayor Pro Tem Spiegel stated the vote was 3-2 of the City Council.
Ms. Klassen stated she believed the Code meant a reconsideration could be
made at the same meeting.
Mr. Deitsch replied he was inclined to recommend that the Chair apply her
discretion of Robert's Rules of Order logically and not necessarily literally;
the same would apply with the Municipal Code provision that mimicked
Robert's Rules of Order. He agreed with Councilman Kelly that a motion to
reconsider was in order.
Mr. Greenwood stated there were at least two distinct choices to address
adding a sidewalk and/or right-turn lane on Portola on Magnesia Falls. He
illustrated both alternatives on a map, one was the full widening with
sidewalk, landscape area, and combination retainingwall/soundwall. The
second alternative would provide the existing curb, sidewalk, a small
landscape area between the back of the sidewalk and the existing property
wall. Due to the elevation changes, staff didn't believe they could
accomplish this project plus the sidewalk, without having to rebuild the
property line. He said staff supported the larger more expensive project with
the south right-hand turn lane on Portola Avenue and Magnesia Falls. He
said staff recently did a traffic count at that intersection and found that 20%
of all of the southbound traffic on Portola Avenue turned right onto Magnesia
Falls, at least in the peak hour, which was significant. A typical intersection
might be 10%, so it did have a heavy right-hand turn volume, and it did
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impede through traffic. If the larger project with the full widening was
chosen,the project would be eligible for 50% reimbursement from Coachella
Valley Association of Governments (CVAG), which would help defer the
City's cost. Further responding, he said the minimum project would provide
the sidewalk with some landscaping behind it, and would require rebuilding
of the property wall, and relocation of utilities. He confirmed the sidewalk on
both options was eight-feet wide.
Mayor Benson stated she didn't feel the full widening was justified for the
cost at this time.
Mayor Benson moved to, by Minute Motion,approve reconsideration of the widening
and sidewalk along Portola Avenue. Motion was seconded by Finerty and carried by a 4-0
vote, with Ferguson ABSENT.
Mayor Benson moved to, by Minute Motion, approve the minimum widening and
construction of the sidewalk along Portola Avenue between the Whitewater Bridge and
Magnesia Falls Drive.
Councilman Kelly stated he originally made the motion the previous time,
and he understood very clearly there were two options. His main concern
was that there be a sidewalk because of the dangers of not having one. He's
noticed kids walking on the planting and the traffic lane was right below.
However, he felt it was important to do everything possible to move the traffic
on Portola Avenue because he's noticed people waiting for the signal with
other vehicles waiting behind that could move forward and turn right if that
right-turn lane was there. He felt very strongly that traffic on those two main
lanes on Portola Avenue flowed. He believed anytime the City could dedicate
a right- or left-turn lane, it should do so. He said there wouldn't be much of
a difference with the funding because Measure A would reimburse 50% for
putting in a right-turn lane. It was his understanding the owner of that
location was not opposed, but if he was, the less costly option could be
looked at.
Councilmember Finerty stated she had an opportunity to speak with Palm
Desert Middle School Principal Sallie Fraserto explain the situation Council
was facing and was able to garner her thought on the matter. Ms. Fraser felt
a sidewalk was needed for the safety of children, but she was also
concerned that traffic would back up in that number two lane, with people
becoming impatient and attempt to pass. Mr. Greenwood's statement that
20% of the vehicles would make a right turn there, considering that the
typical was 10%, also persuaded her decision. She agreed with Councilman
Kelly's comments, that even though it was a $1.8 million project, Measure A
would reimburse 50% and bring that cost down to $900,000; or spend
$350,000 and only obtain a sidewalk and some landscaping with no
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reimbursement. The difference in cost between the two options for the full
widening and right-hand turn lane was$550,000. She said additionaf factors
considered were the I-10 and Portola Avenue Interchange, the addition of a
signal at Frank Sinatra and Portola Avenue, and nearby schools, which will
make Portola Avenue a major arterial; she believed it was Council's
responsibilityto ensure traffic moved safely. She concurred with Councilman
Kelly's position.
Mayor Pro Tem Spiegel seconded the motion and it failed on a 2-2 vote, with
Spiegel and Benson voting AYE, Finerty and Kelly voting NO, with Ferguson ABSENT.
Mayor Benson stated the action taken at the March 27, 2008, Meeting
stands.
XVII. PUBLIC HEARINGS
None
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
1. Consideration of the September 25, 2008, City Council Meeting
Relative to the League of California Cities Annual Conference in
Long Beach, September 24-27, 2008.
Councilman Kelly, Mayor Pro Tem Spiegel, and Councilmember
Finerty stated they were planning on attending the conference.
Ms. Klassen suggested monitoring projects coming up and possibly
cancelling the meeting, which had been done in the past.
With City Council concurrence, staffwas directed to cancel the September 25,2008,
Meeting but monitor projects and action items in case an adjourned meeting was required
for the second meeting in September.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008
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 Committee Reports:
None
o City Council Comments:
1. Groundbreakina for Cravens Buildina at COD — Mayor
Pro Tem Spiegel reported that at 10:00 this morning, a
groundbreaking ceremony was held for the Cravens Building
at College of the Desert, which will be the last of the three
major buildings to be constructed in the expansion project. He
said it was well attended, Mr. Ortega was there, and it was a
great presentation.
XIX. ADJOURNMENT
Upon a motion by Spiegel, second by Finerty, and 4-0 vote of the City Council, with
Ferguson ABSENT, Mayor Benson adjourned the meeting at 5:05 p.m.
JEAN M. BENSON, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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