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HomeMy WebLinkAbout2004-02-12 Posted AgendaPOSTED AGENDA Regular Meetings of The Palm Desert City Council, Redevelopment Agency, and Housing Authority for Thursday, February 12, 2004 Civic Center Council Chamber Please set your pagers and cell phones to silence mode. 2:00 P.M. — Study Session - Entrada del Paseo (ACR) 3:00 P.M. — Closed Session 4:00 P.M. — Regular Session and Public Hearings 6:00 P.M. — Dinner Break (optional) 7:00 P.M. — Continuation of Regular Session and Public Hearings (if necessary) Tips to "Flex Your Power:" Use "Smart" Power Strips — These sense the presence or absence of office workers and turn the attached equipment on or off accordingly. Assistive Listening Devices available upon request. Please contact the City Clerk's Office, 73510 Fred Waring Drive, Palm Desert, CA 92260, (760)346-0611, for assistance with access to any of the Agenda, materials, or participation at the Meeting. Palm Desert City Council Robert A. Spiegel, Mayor Buford A. Crites, Mayor Pro-Tempore Jean M. Benson, Councilmember Jim Ferguson, Councilman Richard S. Kelly, Councilman Staff Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Mark Greenwood, City Engineer Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing Martin Pinon, Director of Human Resources Michael J. Errante, Director of Public Works David Yrigoyen, Director of Redevelopment Robert P. Kohn, Director of Special Programs Richard Twedt, Public Arts Manager Gary Rosenblum, Risk Manager 1 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 12, 2004 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) Any person wishing to discuss any item of Closed Session business may address the City Council or Redevelopment Agency Board at this point by stepping to the lectern and aivina his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the City Council or Redevelopment Agency Board. Because the Brown Act does not allow the City Council or Redevelopment Agency Board to take action on items not on the Agenda, members will not enter into discussion with speakers but will instead refer the matter to staff for report and recommendation at a future City Council or Redevelopment Agency meeting. IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Public Employee Discipline/Dismissal/Release pursuant to Government Code Section 54957. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING VI. PLEDGE OF ALLEGIANCE - Mayor Robert A. Spiegel VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B FEBRUARY 12, 2004 Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Redevelopment Agency, or Housing Authority Boards at this point by stepping to the lectern and aivino his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the City Council, Redevelopment Agency, or Housing Authority Boards. Because the Brown Act does not allow the City Council, Redevelopment Agency, or Housing Authority Boards to take action on items not on the Agenda, members will not enter into discussion with speakers but will instead refer the matter to staff for report and recommendation at a future City Council, Redevelopment Agency, or Housing Authority meeting. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE JANA KOROCZYNSKY FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS ART IN PUBLIC PLACES COMMISSION. Action: B. PRESENTATION TO RECOGNIZE KEN CARR FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS PUBLIC SAFETY COMMISSION. Action: C. PRESENTATION TO RECOGNIZE JAMES CARTER ELEMENTARY SCHOOL THIRD GRADER RACHEL KETTLER FOR HER ENTRY CHOSEN AS A FINALIST IN THE 10TH ANNUAL STORY -WRITING CONTEST PUT ON BY THE CALIFORNIA FOUNDATION FOR AGRICULTURE IN THE CLASSROOM. Action: D. ACCEPTANCE OF RESIGNATION AND APPOINTMENT OF REPLACEMENT MEMBER FOR THE MARKETING COMMITTEE. Rec: By Minute Motion: 1) Accept the resignation of Karen Wagner with sincere regret and direct staff to prepare a letter for the Mayor's signature indicating same; 2) appoint Norine A. Bowen , General Manager of Westfield Shoppingtown Palm Desert, to fill the vacancy created by the resignation of Ms. Wagner. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 E. REAPPOINTMENTS TO ESTABLISHED CITY COMMITTEES AND COMMISSIONS. Rec: By Minute Motion, reappoint the following members to the respective positions on City Committees and Commissions, each for a four-year term (1/1/04 - 12/31/07) except the Youth Committee, whose terms are for one year (1/1/04 - 12/31/04): 1) Kristi Hanson, Karen Oppenheim, and John Vuksic to the Architectural Review Commission; 2) Norma Bussing and Suzanne Greenberg to the Art In Public Places Commission; 3) Rod Murphy to the Building Board of Appeals & Condemnation; 4) Linda Buxton Ward to the Housing Commission; 5) Bill Veazie to the Investment & Finance Committee; 6) Dan Barnes, Jerry Dawson, and Randy Guyer to the Parks & Recreation Commission; 7) Bill Adams, David Fisher, and Joyce Wade-Maltais (Alternate) to the Rent Review Commission; 8) Donna Jean Darby, William Harris, and Peggy Steen to the Sister Cities Committee; 9) Kayleigh Hyde, Erika McQuillen, and Michelle Stein to the Youth Committee. Action: X. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE CITY COUNCIL OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION XI. CONSENT ITEMS HELD OVER. OF THE AGENDA. A. MINUTES of the Regular City Council Meeting of January 22, 2004. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 148, 149, 152, and 153. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#5251 by Carol Lynn Schiada in the Amount of $50,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 D. CITY'S/AGENCY'S PORTFOLIO MASTER SUMMARIES for December 2003 (Joint Consideration with the Palm Desert Redevelopment Agency). E-1. Rec: Receive and file. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by American Golf Corporation for Monterey Country Club, 41-500 Monterey Avenue, Palm Desert. Rec: Receive and file. E-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by American Golf Corporation for Palm Valley Country Club, 76-200 Country Club Drive, Palm Desert. Rec: Receive and file. E-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Nopphadon Bunchuaylua and Araya Mera for Thai Kitchen 3 & Sushi Bar, 72-355 Highway 111, #A, Palm Desert. Rec: Receive and file. F. MINUTES of City Committee and Commission Meetings. 1. Art In Public Places Commission Meetings of September 17, October 15, and December 17, 2003. 2. Entrada del Paseo Steering Committee Meeting of November 6, 2003. 3. Housing Commission Meetings of November 12, and December 10, 2003. 4. Investment & Finance Committee Meeting of December 17, 2003. 5. Library Promotion Committee Meeting of November 12, 2003. 6. Public Safety Commission Meeting of December 10, 2003. 7. Sister Cities Committee Meeting of November 20, 2003. Rec: Receive and file. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 G-1. RESOLUTION NO. 04-6 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building & Safety that Have Been Digitally Imaged (March 2003). Rec: Waive further reading and adopt. G-2. REQUEST FOR AUTHORIZATION to Destroy Remaining Blank Checks for the Parkview Office Complex Checking Account. Rec: By Minute Motion, authorize staff to destroy the subject checks. H. REQUEST FOR AWARD OF BID for the Purchase of Crafco Poly-Flext Type 4 Crack Sealing Material. Rec: By Minute Motion award the subject bid to Crafco Inc., Chandler, Arizona, in the amount of $27,476.25, including tax and delivery. REQUEST FOR APPROVAL of Contract for Accident Records System (Contract No. C20510A). Rec: By Minute Motion, approve the subject contract with Crossroads Software, Inc., Brea, California, in the amount of $35,025 to provide a Collision Database and Analysis System with GIS Mapping Software and Traffic Safety Procedure Guides. J. REQUEST FOR RATIFICATION of the City Manager's Authorization to Complete an Exchange/Purchase of Two Motorcycle Units. Rec: By Minute Motion, concur with the Public Safety Commission's recommendation to ratify the City Manager's authorization of the trade-in and purchase of two motorcycle units for the Palm Desert Police Department Motorcycles Program in the amount of $20,833 through the FY 2003/04 Cal Cops grant funding. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 K-1. REQUEST FOR APPROVAL of Final Tract Map No. 29468 (Stonebridge Palm Desert, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 04-7, approving the Final Subdivision Map of Tract No. 29468. K-2. REQUEST FOR APPROVAL of Final Tract Map 30438-1 (Destination Development Corporation, Applicant). Rec: Waive further reading and adopt Resolution No. 04-8, approving the Final Tract Map No. 30438-1. L. REQUEST FOR APPROVAL of the Fifth Amendment to the Lease Agreement for Palm Desert Community Park at Palm Desert Middle School. Rec: By Minute Motion, authorize the Mayor to execute the Fifth Amendment to the Lease Agreement with Desert Sands Unified School District for the Palm Desert Community Park at Palm Desert Middle School. M-1. CONSIDERATION of Action Taken by Legislative Review Committee on AB1798 (Levine) — Parking Regulations. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its January 27, 2004, Meeting and direct staff to prepare a letter of support for the Mayor's signature with regard to AB1798 (Levine). M-2. CONSIDERATION of Action Taken by Legislative Review Committee on ABX4 13 (Firebaugh) — Workers Compensation Fraud. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its January 27, 2004, Meeting and direct staff to prepare a letter of support for the Mayor's signature with regard to ABX4 13 (Firebaugh). M-3. CONSIDERATION of Action Taken by Legislative Review Committee on SBX5 1 (Brulte) — Vehicle License Fee Backfill. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its January 27, 2004, Meeting and direct staff to prepare a letter of support for the Mayor's signature with regard to SBX5 1 (Brulte). 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 N. CONSIDERATION of Request for Sponsorship of the 2004 Palm Desert Games (Senior Olympics). Rec: By Minute Motion, endorse the concept of the Palm Desert Games, a regional event sanctioned by the Senior Olympics Committee and support it financially in an amount of $26,000 to be appropriated from the Unobligated General Fund to Account No. 110-4416-414-3061. O. REQUEST FOR APPROVAL of Out -of -State Travel for the"Promoting Youth Participation in Local Government/Roles for Municipal Officials" Conference. Rec: By Minute Motion, approve the subject request for travel by the Community Services Division Senior Management Analyst to attend the Conference in Orlando, Florida, February 28, 2004, in an amount not to exceed $400 — funds are available in Account No. 110-4210-422-3061 and no appropriation is required. P. CONSIDERATION of Request for Approval of the "Great Strides" Walk Sponsored by the Cystic Fibrosis Foundation. Rec: By Minute Motion, approve the request of the Cystic Fibrosis Foundation to hold its "Great Strides" walk/run scheduled to be held on Saturday, March 6, 2004, on El Paseo. Q. REQUEST FOR WAIVER of Reservation and Field Preparation Fees for the Palm Desert Senior Softball League 2004 Season. Rec: By Minute Motion: 1) Approve the waiver of reservation and field preparation fees associated with the Palm Desert Senior Softball League 2004 Season; 2) approve the payment of $3,036 from the General Fund to the Coachella Valley Recreation and Park District for said field preparation services. R. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies 2. Report on Pedestrian Countdown Signal 3. Update on Bus Shelters at Cook Street Associates and Villa Portofino Action: XI. CONSENT ITEMS HELD OVER 7 POSTED AGENDA - REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1060 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY PREZONING PART OF SECTION 12, T6S R5E, AND SECTION 7, T6S R6E, TO OS/PR (OPEN SPACE/PUBLIC RESERVE) TO FACILITATE THE ANNEXATION OF THE PROPERTY TO THE CITY Case No. C/Z 03-06 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. REQUEST FOR EXTENSION OF TIME TO REIMBURSE THE CITY FOR FEES ASSOCIATED WITH UNDERGROUNDING OF OVERHEAD UTILITY LINES AT 72-650 FRED WARING DRIVE (KATZ/BROZ PARTNERS, APPLICANT). Rec: By Minute Motion: 1) Approve the request for a six-month extension for Katz/Broz Partners, Palm Desert, California, to reimburse the City of Palm Desert for fees in the amount of $145,243.81 associated with undergrounding of overhead utility lines; 2) authorize an additional five percent (5%) interest charge to Katz/Broz Partners and the extension of the bond that was issued to secure the debt for an additional six months. Action: 8 POSTED AGENDA - REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 B. CONSIDERATION OF POTENTIAL ACTION ON AB1791 (CHAVEZ) — INTERNET TAXATION. Rec: By Minute Motion, make a recommendation with regard to potential action on AB1791 (Chavez). Action: C. REQUEST FOR APPROVAL OF AMENDMENT TO THE FACADE ENHANCEMENT PROGRAM GUIDELINES. Rec: By Minute Motion, amend the Facade Enhancement Program Guidelines to include a provision whereby Facade Enhancement Grants of $100,000 and above are subject to approval of the City Council prior to a funding commitment. Action: D. REQUEST FOR AUTHORIZATION TO PURCHASE CENTRAL IRRIGATION CONTROL SYSTEM FOR THE CIVIC CENTER PARK (PROJECT NO. 720-01). Rec: By Minute Motion, authorize staff to purchase the subject system from CALSENSE, Carlsbad, California, in the amount of $58,291.60 — funds are available in Account No. 400-4674-454-400. Action: E. REQUEST FOR AWARD OF CONTRACT FOR DESIGN OF THE PORTOLA AVENUE, COUNTRY CLUB DRIVE, AND COOK STREET STORM DRAIN AND TRAFFIC SIGNAL IMPROVEMENTS (CONTRACT NO. C22300, PROJECT NO. 505-03). Rec: By Minute Motion: 1) Authorize the Finance Department to consolidate the funding forthree storm drain projects into one account by decreasing the appropriation for Account No. 232-4385-433-4001 and Account No. 232-4620-433-4001 by $1,055,000 and $1,150,000, respectively, and increasing the amount appropriated for Account No. 232-4375-433-4001 by $2,205,000; 2) award the subject design contract in the amount of $393,945 to Harris & Associates, Irvine, California, and authorize the Mayor to execute same. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 F. REQUEST FOR AWARD OF CONTRACT FOR THE PROJECT STUDY REPORT AND THE PROJECT REPORT FOR THE MONTEREY AVENUE AND INTERSTATE 10 INTERCHANGE INTERSECTION IMPROVEMENTS (CONTRACT NO. C22310, PROJECT NO. 669-02). Rec: By Minute Motion: 1) Award the subject contract to RBF Consulting, Palm Desert, California, in the amount of $199,030 and authorize the Mayor to execute same; 2) approve a 10% contingency for the project in the amount of $19,903. — funds for the contract and contingency are available in the Measure "A" Account (Fund No. 213). Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR DIRECTION RELATIVE TO CITY AND COUNTY HILLSIDE ORDINANCES Case Nos. GPA 03-04 and ZOA 02-06 (City of Palm Desert, Applicant). Rec: By Minute Motion, set a new date for the continued public hearing on the subject cases and direct staff concerning how to proceed relative to the County ordinance review process. Action: XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 C. CITY CLERK 1. Consideration of Schedule for Annual Committee/Commission Applicant Interviews. Action: 2. Request for Review of City Council Liaison Appointments to Committees and Commissions. Action: 3. Reminder of Continued General Plan Public Hearing Meeting. Action: D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reouests for Action: o City Council Committee Reports: o City Council Comments: 1. City Council Liaison Reports. XIX. ADJOURNMENT POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 February 17, 2004 February 18, 2004 February 19, 2004 February 24, 2004 February 25, 2004 February 26, 2004 FUTURE MEETINGS: 6:00 p.m. 8:30 a.m. 3:00 p.m. 3:00 p.m. 12:00 p.m. 10:30 a.m. 4:00 p.m. Planning Commission Civic Center Council Chamber Art In Public Places Commission Administrative Services Conference Room Library Promotion Committee Administrative Services Conference Room Sister Cities Committee Administrative Services Conference Room Architectural Review Commission Community Services Conference Room Investment & Finance Committee North Wino Conference Room Regular City Council/RDA Meetings Civic Center Council Chamber I hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 6th day of February, 2004. Rac elle D. Klassen, City Jerk 12