HomeMy WebLinkAboutPRELIM - CC - 09/25/08 DR�4FT
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 25, 2008
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Mayor Benson convened the meeting at 3:00 p.m.
II. ROLL CALL
Present: Excused Absences:
Councilmember Cindy Finerty Councilman Jim Ferguson
Councilman Richard S. Ketly Mayor Pro Tem Robert A. Spiegel
Mayor Jean M. Benson
Also Present:
Justin McCarthy, Acting City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, ACM for Community Services
Mark Greenwood, Acting ACM for Development Services
Rachelle D. Klassen, City Clerk
Bo Chen, City Engineer
Russell Grance, Director of Building & Safety
Lauri Aylaian, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Janet M. Moore, Director of Housing
David Yrigoyen, Director of Redevelopment & Housing
Steve Brooker, Battalion Chief, Palm Desert Fire/Riverside Co. Fire/Cal Fire
Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept.
Grace L. Mendoza, Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Rec�uest for Closed Session:
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
DR�►FT
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008
a) Indian Springs, LTD., v. City of Palm Desert, et al., Riverside County
Superior Court, Case No. INC053903
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
In response to Mayor Benson's inquiry, Mr. Erwin confirmed that the item she
wanted to discuss in Closed Session would be considered as one of the cases of
potential litigation.
Mayor Benson further asked that an item be added to the Regular Meeting Agenda,
regarding a request from the Virginia Waring International Piano Competition.
Upon a motion by Kelly, second by Benson, and 3-0 vote of the City Council, with
Ferguson and Spiegel ABSENT, Consideration of a Request by the Virginia Waring
International Piano Competition to Host a Champagne Reception in the Courtyard at the
Parkview Office Complex was added to the agenda.
Councilman Kelly also requested an item be added to the agenda regarding a
memo from Mr. Erwin about consideration of an amendment to the City's Hillside
Ordinance.
Upon a motion by Kelly, second by Benson, and 3-0 vote of the City Council, with
Ferguson and Spiegel ABSENT, Discussion Regarding Processing of an Amendment to
the City's Hillside Ordinance was added to the agenda.
With City Council concurrence, Mayor Benson adjourned the meeting to Closed
Session at 3:03 p.m. She reconvened the meeting at 4:04 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE
UNITED STATES OF AMERICA- Mayor Jean M. Benson
VII. INVOCATION - Councilmember Cindy Finerty
2
�����
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008
VIII. ORAL COMMUNICATIONS - B
MS. BARBARA deBOOM, President/CEO of the Palm Desert Chamber of
Commerce, addressed the City Council on behalf of the Chamber's Board of
Directors. She said at her Board's last meeting on September 23, a motion was
passed on unanimous vote to request that the City Council reconsider and re-
agendize the request for approval of the Palm Springs Desert Resort Communities
Tourism Business and Improvement District that failed at the Council's
September 11 Meeting. She urged the City Council to join in this regional effort and
considerthe viewpoints of those in the hospitality industry before making a decision,
particularly in light of the six new hotels coming on line in the City in the next few
years. (She read from a prepared statement that is now on file and of record in the
City Clerk's Office.)
MR. BRIAN OTTEN, Bursera Way, Palm Desert, asked the City Council to consider
a smoking ban for common-wall condominiums and apartments, such as the
precedent set for this regulation by the City of Belmont, California. He said it was
necessary to provide a way to deal with abusive smokers,who generate smoke with
toxic chemicals and odors onto their neighbors, and there was no other way to
address the situation currently other than Civil Court. He compared being able to
address a loud music situation with "Disturbing the Peace" regulation; there was no
way to deal with someone's smoking as a very bad nuisance in someone else's
home. He quickly acknowledged and said he appreciated efforts that have
addressed various public situations but noted that while one could walk away from
someone smoking on EI Paseo, you cannot walk away from the smoke infiltrating
your home. He said some buildings don't experience the problem, but others did;
and he was basically helpless in pursuing the matter other than going to Civil Court.
He believed it was important to be able to address such situations at the ground
level with local law enforcement, just like disturbing the peace, without disturbing
anyone else's civil rights. He said his own civil rights were being abused currently,
or anyone else who was in a similar situation—it was the smoker who didn't want to
make the adjustment.
In response to Councilmember Finerty's comment, Mayor Benson said she had
received a phone call from Mr. Otten and then forwarded his name to Councilman
Ferguson for participation on the ad hoc Smoking Regulation Committee.
3
���� � .
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF
OCTOBER 5 - 11, 2008, AS "FIRE PREVENTION WEEK" IN THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Benson presented the framed
proclamation to Battalion Chief/Fire Marshal Jorge Rodriguez and
Battalion Chief Steve Brooker. She related how much the City and its
residents rely on and appreciate its First Responders, and she was pleased
to present this important proclamation.
B. APPOINTMENT OF A HOUSING AUTHORITY RESIDENT MEMBER TO
THE PALM DESERT HOUSING COMMISSION.
Mayor Benson stated she and Mayor Pro Tem Spiegel interviewed
Mr. J. Wade Tucker last week, and they were recommending his
appointment to fill the vacancy and the term of former member Linda Ward
to December 31, 2011.
Mayor Benson moved to, by Minute Motion, appoint J. Wade Tucker to the Palm
Desert Housing Commission to serve as one of its two Housing Authority Resident
Members, filling the vacancy in the term of former member Linda Ward (term
December 31, 2011). Motion was seconded by Kelly and carried by a 3-0 vote, with
Ferguson and Spiegel ABSENT.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of September 11, 2008.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
No. 26.
Rec: Approve as presented.
4
����I� �
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008
C. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Parks & Recreation Commission Meeting of August 19, 2008.
2. Public Safety Commission Meeting of June 11, 2008.
3. Youth Committee Meeting of July 7, 2008.
Rec: Receive and file.
D. REQUEST FOR APPROVAL of an Agreement with Coachella Valley Water
District (CVWD) for Maintenance of a Storm Drain Siphon in Hovley Lane
West Near Corte Placitas (Contract No. C28190).
Rec: By Minute Motion, approve of and authorize the Mayor to execute the
subject agreement with CVWD for maintenance of a storm drain
siphon in Hovley Lane West near Corte Placitas.
E. REQUEST FOR RATIFICATION ofthe City Manager's Approval of a Hearing
ExaminerContractto ConductAdministrative Review Hearings forContested
Non-moving Parking Citations in Accordance with Enacted Requirements of
Assembly Bill 408 and forAnimal Control Hearings Within the Jurisdiction of
the City of Palm Desert (Contract No. C28070).
Rec: By Minute Motion, ratify the City Manager's approval of the subject
Hearing Examiner Contract with Rick E. Lebet, Palm Desert,
California, to conduct administrative review hearings for contested
non-moving parking citations and to conduct animal control hearings
within the jurisdiction of the City of Palm Desert for the amount of
$25.00 per each contested case.
F. REQUEST FOR APPROVAL of Amendment No. 5 to Contract No. C23110 —
Engineering Services for Modification to Design of the Left Turn Pocket at
Plaza Way on Highway 111 (Project No. 697-05).
Rec: By Minute Motion: 1) Approve Amendment No. 5 in the amount of
$3,720 to the subject contract with Omnis, Inc., Pomona, California,
for design and engineering services to modify the left turn pocket at
Plaza Way on Highway 111; 2) authorize the Mayor to execute the
Amendment — funds are available in Account
No. 110-4300-413-3010.
5
L� FT
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008
G. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C27790 —
Joni Yard Warehouse Re-roofing Project (Coast Roof Company, Inc.,
Fullerton, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
H. REQUEST FOR APPROVAL of USAF Band of the Golden West/Rhythm n'
Brass Band at the Palm Desert Civic Center Park Amphitheater,
Wednesday, October 15, 2008.
Rec: By Minute Motion, approve a performance by the USAF Band of the
Golden West/Rhythm n' Brass Band scheduled to take place on
Wednesday, October 15, 2008, at the Palm Desert Civic Center Park
Amphitheater.
Upon a motion by Kelly, second by Finerty, and 3-0 vote of the City Council, with
Ferguson and Spiegel ABSENT, the Consent Calendar was approved as presented.
XI. CONSENT ITEMS HELD OVER
None
XII. RESOLUTIONS
None
XI11. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1167 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE
NO. 1130 AND AMENDING SECTION 10.36.010 OF THE CODE OF THE
CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO SPEED ZONES.
Transportation Engineer Mark Diercks stated that with the takeover of
Highway 111, Highway 74,the opening of new streets in the northern sphere,
and improvements on Gerald Ford and Fred Waring Drive, a number of
Engineering and Traffic surveys were done, with the last one conducted by
the City of Rancho Mirage on Monterey Avenue.After reviewing the findings,
staff was recommending certain speed zones on ten streets as listed in the
staff report. He offered to answer questions.
6
�-���� rr... � ...,„
ir
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008
MR. JAMES STELLINO, Palm Desert, stated he lived off Hovley Lane West
between Portola Avenue and Monterey Avenue where the current speed limit
was 50 mph; the area was mostly residential, near a temple and school. He
said he's been trying foryears to lowerthe speed limit because people drove
through there at 60 mph, but he's been unable to convince anyone.
Responding to question, Mr. Diercks confirmed 25 mph school zone signs
were posted for the school belonging to Temple Sinai. Further responding,
he said Hovley Lane West was not part of this study, but it was part of the
City-wide survey conducted two years ago, and no change was
recommended. The street had always been 50 mph, and it was probably
because it was wide open with nothing breaking it up for a one-mile stretch.
Councilman Kelly noted the City did some common traffic measures on
Haystack Road.
Mr. Diercks responded three years ago a bike lane was added to Hovley
Lane West. Further responding, he confirmed the street included parking on
both sides of the road, a bike path, two-way left-turn lane, and no residential
homes facing the street, with the 25 mph school zone in effect when a child
was physically walking to school. He said there were funds in the budget this
year to install driver feedback signs on Hovley Lane West, which will
hopefully deter drivers from going over 50 mph; he had informed Mr. Stellino
that he would try to have this done.
Councilman Kelly stated he thought it would be a good thing to install
permanent driver feedback signs for traffic going both directions.
Mr. Diercks responded it could be done as soon as he received his bids for
the signs.
MR. STELLINO agreed it would help to have the signs installed for traffic
going both directions, because many drivers used the middle lane to bypass
and go around other vehicles on a street with lots of joggers and walkers.
Councilmember Finerty said this might be a good opportunity for the City to
use its motorcycles in that area.
Councilman Kelly moved to waive further reading and pass Ordinance No. 1167 to
second reading. Motion was seconded by Finerty and carried by a 3-0 vote, with Ferguson
and Spiegel ABSENT.
7
� :� ���"�"
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008
B. ORDINANCE NO. 1168 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ITS
ORDINANCE NO. 401 AND PROVIDING FOR THE DESIGNATION AND
PRESERVATION OF HISTORIC SITES AND DISTRICTS, CREATING A
CULTURAL RESOURCES PRESERVATION COMMITTEE, REQUIRING
CERTAIN CONSTRUCTION AND ALTERATIONS TO BE APPROVED BY
THE CULTURAL RESOURCES PRESERVATION COMMITTEE, AND
PROVIDING PENALTIES FOR VIOLATION.
Councilmember Finerty stated a Committee meeting was already scheduled
and believed the Committee was ready to move forward.
Councilmember Finerty moved to waive further reading and pass Ordinance
No. 1168 to second reading. Motion was seconded by Kelly and carried by a 3-0 vote, with
Ferguson and Spiegel ABSENT.
For Adoption:
A. ORDINANCE NO. 1166 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER
3.32.080(A) OF THE PALM DESERT MUNICIPAL CODE BY ADDING
SECTION 3.32.080(A)(5), RELATING TO EMERGENCY SPENDING AND
DECLARING A LOCAL EMERGENCY.
Councilman Kelly moved to waive further reading and adopt Ordinance No. 1166.
Motion was seconded by Finerty and carried by a 3-0 vote, with Ferguson and Spiegel
ABSENT.
XIV. NEW BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR CONSULTANT
ENVIRONMENTAL DOCUMENTATION SERVICESTO LSAASSOCIATES,
INC., FOR DEVELOPMENT OF FIVE (5) CITY PROJECTS AWARDED
FEDERAL CONGESTION MITIGATION AND AIR QUALITY (CMAQ)
GRANT FUNDING (CONTRACT NO. C28200, PROJECT NO. 606-09).
Responding to question regarding the transfer of funds to the same account
number with a different title, Mr. Greenwood said he didn't know if it was the
same account number, but it was money that was designated for certain
projects. He explained the Tier III projects were formally established
foreseeing that Coachella ValleyAssociation of Governments(CVAG)would
create a Highway 111 Tier I II project group; however, it didn't happen, so the
City was doing the same projects through the CMAQ funding.
8
_ h� ::,, ��
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008
Councilman Kelly moved to, by Minute Motion: 1) Award the subject Consultant
Environmental Documentation Services Contractto LSAAssociates, Inc., Brea, California,
in the amount of $70,160; 2) authorize the Mayor to execute said contract; 3) authorize
transfer of funds in the amount of$500,000 from the Highway 111 Tier I II Project, Account
No. 213-4372-433-4001, to the Highway 111 Improvements Project, Account
No. 213-4362-433-4001. Motion was seconded by Finerty and carried by a 3-0 vote, with
Ferguson and Spiegel ABSENT.
B. REQUEST FOR AWARD OF CONTRACT FOR THE MID-VALLEY BIKE
PATH PRELIMINARY ENGINEERING SERVICES TO RRM DESIGN
GROUP (CONTRACT NO. C28210, PROJECT NO. 707-07).
Councilmember Finerty moved to, by Minute Motion: 1)Award the subject contract
for the Mid-Valley Bike Path Preliminary Engineering Services to RRM Design Group, San
Clemente, California, in the amount of $88,598; 2) authorize a 10% contingency for the
contract in the amount of $8,859.80; 3) authorize the Mayor to execute said contract —
funds are available in Account No. 233-4544-454-4001. Motion was seconded by Kelly
and carried by a 3-0 vote, with Ferguson and Spiegel ABSENT.
C. REQUEST FOR AUTHORIZATION TO REQUEST PROPOSALS FOR
IMPROVEMENTS TO HOVLEY SOCCER PARK (CONTRACT
NO. C28220).
Councilman Kelly moved to, by Minute Motion, authorize staff to request proposals
for the design and construction of park improvements at Hovley Soccer Park. Motion was
seconded by Finerty and carried by a 3-0 vote, with Ferguson and Spiegel ABSENT.
XV. CONTINUED BUSINESS
A. ORDINANCE NO. 1164 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO DEVELOPMENT AGREEMENT 06-02, UNIVERSITY
PARK, BETWEEN THE CITY OF PALM DESERTAND THE PALM DESERT
FUNDING COMPANY, DELETING THE COACHELLA VALLEY WATER
DISTRICT WELL SITES FROM THE SCOPE OF THE DEVELOPMENT
AGREEMENT Case No. DA 06-02 Amendment 1 (Palm Desert Funding
Company, LP, Applicant) (Continued from the meeting of September 11,
2008).
Councilmember Finerty moved to waive further reading and adopt Ordinance
No. 1164. Motion was seconded by Kelly and carried by a 3-0 vote, with Ferguson and
Spiegel ABSENT.
9
� Y��
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008
B. ORDINANCE NO. 1165 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT AS IT RELATES TO CONSTRUCTION
FOR A 20-UNIT SENIOR CITIZEN APARTMENT PROJECT ON THE
NORTH SIDE OF CATALINA WAY, LOCATED AT 73-582 CATALINA WAY,
BETWEEN THE CITY OF PALM DESERT AND BERNARD INVESTMENT
GROUP, ATTACHED AS EXHIBIT "A" Case No. DA 08-50
(Bernard Investment Group/Ken Bernard, Applicant) (Continued from the
meeting of September 11, 2008).
Councilmember Finerty moved to waive further reading and adopt Ordinance
No. 1165. Motion was seconded by Kelly and carried by 3-0 vote, with Ferguson and
Spiegel ABSENT.
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
None
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
1. Consideration of Request from the Riverside County Registrar of
Voters for an Appointment to the November 4, 2008, Election
Observer Panel.
Responding to questions, Ms. Klassen said the Election Observer
Panel consisted of volunteers, and that in the previous election a
group was appointed. She believed this was the first time a formal
request by the Registrar of Voters was being made.
Mayor Benson acknowtedged the offer.
10
�.� ���
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008
D. PUBLIC SAFETY
o Fire Department
None
o Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
NOTE: "Request For Action" Item Nos. 1 and 2 were added to the agenda by 3-0 vote
(Ferguson, Spiegel ABSENT) at the convening of the meeting.
1. Consideration of a Request by the Virginia Waring
International Piano Competition to Host a Champagne
Reception atthe Parkview Office Complex, 73710 Fred Waring
Drive, Palm Desert.
Mayor Benson stated the Virginia Waring organization had
asked that they be allowed to serve champagne at a reception
they are having at the Parkview Building Pavilion area on
October 2.
Councilman Kelly moved to, by Minute Motion, approve the request by the Virginia
Waring International Piano Competition to serve champagne on City-owned property,
Parkview Office Building Pavilion, for the reception they are hosting on Thursday,
October 2. Motion was seconded by Finerty and carried by 3-0 vote, with Ferguson and
Spiegel ABSENT.
2. Discussion Regarding the Processing of an Amendment to the
City's Hillside Ordinance.
Councilman Kelly moved to, by Minute Motion, instruct the City Attorney to proceed
with amending the City's Hillside Ordinance as proposed, repealing the preliminary
approval option. Motion was seconded by Finerty and carried by 3-0 vote, with Ferguson
and Spiegel ABSENT.
11
E ���� ��
Y0
':+� ��:a w '"�i,,,
PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008
o City Council Committee Reports:
None
o City Council Comments:
None
XIX. ADJOURNMENT
With City Council concurrence, Mayor Benson adjourned the meeting at 4:30 p.m.
JEAN M. BENSON, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
12