HomeMy WebLinkAbout2004-02-26 Posted AgendaPOSTED AGENDA
Regular Meetings of
The Palm Desert City Council
and
Redevelopment Agency
for
Thursday, February 26, 2004
Civic Center Council Chamber
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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)
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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
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 26, 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
oivina 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:
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) Mena v. Muehler, U.S. Ninth Circuit Court of Appeals
b) Indian Springs Mobilehome Park Homeowners Association, et al., v.
City of Palm Desert, et al., Riverside County Superior Court Case
No. INC 019015
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
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Action:
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004
VI. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson
VII. INVOCATION - Mayor Robert A. Spiegel
VIII. ORAL COMMUNICATIONS - B
Any person wishing to discuss any item not scheduled for public hearing 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.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
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 February 12, 2004.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 157, 158, 162, 163, 166, 167, and 168.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#529) by James R. Jepson in the Amount of
$628.57.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Thiankham Kamonkan for The Bella Luna, 73-375 El Paseo, #Q & R,
Palm Desert.
Rec: Receive and file.
E. MINUTES of City Committee and Commission Meetings.
1. Building Board of Appeals & Condemnation Meeting of October 11,
2001
2. Public Safety Commission Meeting of January 14, 2004.
3. Sister Cities Committee Meeting of November 20, 2003.
4. Technology Committee Meeting of January 6, 2004.
Rec: Receive and file.
F-1. LETTER OF RESIGNATION from Robert Royerfrom the Parks & Recreation
Commission.
Rec: Receive with very sincere regret.
F-2. LETTER OF RESIGNATION from Kathy Strong from the Sister Cities
Committee.
Rec: Receive with very sincere regret.
G. REQUEST FOR AUTHORIZATION to Notify the County Auditor of the
Redevelopment Agency's Intent to Pay Educational Revenue Augmentation
Fund (ERAF) from Redevelopment Agency Funding Sources.
Rec: By Minute Motion, direct the City Manager, or his designee, to notify
the County Auditor of the Redevelopment Agency's intent to pay
ERAF from Agency funding sources.
H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for'the
Landscape and Irrigation for the Portola Avenue Widening from San Marino
to El Cortez, and for the Kansas Street Realignment at Hovley Lane East
(Contract No. C22360).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for
bids for the subject project.
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POSTED AGENDA -
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004
I. REQUEST FOR AUTHORIZATION to Acquire Computerized Irrigation
Program for Desert Willow (Contract Nos. C22370A-C1
Rec: By Minute Motion, authorize staff to contract with the following entities
for installation of a computerized irrigation system at the
Desert Willow Golf Resort: a) High Tech Irrigation, Palm Desert,
California, in the amount of $13,575.00; b) Fairway Irrigation Design,
Palm Desert, California, in the amount of $15,000.00;
c) Flowtronex PSI, Inc., Riverside, California, in the amount of
$7,965.80 —funds are available in Account No. 241-4195-495-8092.
J. REQUEST FOR AWARD OF CONTRACT for the Citywide Tree Pruning
Program (Contract No. C22380, Project No. 932-XX).
Rec: By Minute Motion: 1) Award the subject contract to TruGreen
LandCare, Upland, California, in the amount of $18,543.50 and
authorize the Mayorto execute same; 2) authorize a 10% contingency
for the program in the amount of $1,854.35 — funds are available for
this work in various landscape accounts.
K-1. REQUEST FOR APPROVAL of Change Order No. 3 to Contract
No. C17350 — Design of the Magnesia Falls Drive Bridge and Street
Improvements.
Rec: By Minute Motion: 1) Approve Change Order No. 3 in the amount of
$23,272 to the subject contract with Tetra Tech, Inc., Irvine,
California, for additional comprehensive field assistance required in
conjunction with construction of the bridge at Magnesia Falls Drive
and authorize the Mayor to execute same; 2) appropriate said funds
from Unobligated Measure "A" Funds to Account
No. 213-4626-433-4001.
K-2. REQUEST FORAUTHORIZATION to ContractforServices for Maintenance
of the Public Improvements at Entrada del Paseo (Joint Consideration with
the Palm Desert Redevelopment Agency).
Rec: By Minute Motion, authorize Change Orders, Mayorto execute same,
to the existing contracts with : 1) Southwest Aquatics, Palm Desert,
California, in the amount of $2,975 for maintenance of the water
feature at Entrada del Paseo; 2) M & M Sweeping, Inc., Thousand
Palms, California, in the amount of $2,100 for weekly sweeping of the
parking lots at Entrada del Paseo—funds are available in the Capital
Budget for the current fiscal year (Account No. 850-4358-433-4001).
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004
L. REQUEST FOR APPROVAL of Funding for Construction of a Six -Foot
Garden Wall Along the East Side of the San Pascual Channel Along the
West Boundary of Portola Palms.
Rec: By Minute Motion: 1) Authorize funding in the amount of $25,000 for
half of the estimated cost to construct a six-foot garden wall along the
east side of the San Pascual Channel (west boundary of
Portola Palms Mobile Homes); 2) appropriate said funds from the
Unobligated Fund 400 for this work.
M. REQUEST FOR APPROVAL of Final Parcel Map No.31658
(Canyon National Bank, Applicant).
Rec: Waive further reading and adopt Resolution No. 04-9, approving
Parcel Map No. 31658.
N. REQUEST FOR APPROVAL of Contract with StateNet for Legislative and
Regulatory Reporting Services (Contract No. C22390).
Rec: By Minute Motion, approve the subject contract with StateNet,
Sacramento, California, in the amount of $1,740 and authorize the
Mayor to execute same — funds are available in Account
No. 110-4112-410-3060.
O. REQUEST FOR WAIVER of Fees Associated with the Palm Desert
Middle School Graduation Ceremony at the Palm Desert Civic Center Park.
Rec: By Minute Motion, waive fees associated with the subject event,
scheduled to be held on Tuesday, June 8, 2004, at the Amphitheater
located in the Palm Desert Civic Center Park.
P. CONSIDERATION of Request for Support of the 2-1-1 Non -emergency
Telephone Number in Riverside County.
Rec: By Minute Motion, concur with the Public Safety Commission's
recommendation to support the 2-1-1 non -emergency telephone
number link to social services.
Q. INFORMATIONAL ITEMS:
Action:
1. Report on the 2003 Holiday Theft Suppression Program.
2. Update on Bus Shelter at San Pablo Professional Office
(44-530 San Pablo Avenue).
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004
XI. CONSENT ITEMS HELD OVER
XII. RESOLUTIONS
A. RESOLUTION NO. 04-10 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA,. AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO SUBMIT AN APPLICATION TO THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (CIWMB)
FOR AN SB1346 RUBBERIZED ASPHALT CONCRETE GRANT.
Rec: Waive further reading and adopt.
Action:
B. RESOLUTION NO. 04-11 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ITS
RESOLUTION NO. 03-49, ESTABLISHING THE MARKETING
COMMITTEE.
Rec: Waive further reading and adopt.
Action:
C. RESOLUTION NO. 04-12 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION
NO. 02-11 RELATIVE TO THE PALM DESERT YOUTH COMMITTEE.
Rec: Waive further reading and adopt.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
XIII. ORDINANCES
For Introduction:
FEBRUARY 26, 2004
A. ORDINANCE NO. 1061 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO CHAPTER 27.12.190 OF THE PALM DESERT
MUNICIPAL CODE, RELATIVE TO ESTABLISHING PAD HEIGHT
CERTIFICATIONS.
Rec: Waive further reading and pass to second reading.
Action:
For Adoption:
None
XIV. NEW BUSINESS
A. CONSIDERATION OF ORDINANCES TO AMEND THE REDEVELOPMENT
PLANS FOR PROJECT AREA NOS. 3 AND 4 OF THE PALM DESERT
REDEVELOPMENT AGENCY, RESPECTIVELY.
Rec: Waive further reading and pass to second reading:
1) Ordinance No. 1062, amending the Redevelopment Plan for
Project Area No. 3 of the Palm Desert Redevelopment Agency;
2) Ordinance No. 1063, amending the Redevelopment Plan for
Project Area No. 4.
Action:
B. REQUEST FOR DIRECTION RELATIVE TO PARTICIPATION OF
INDIAN WELLS HOTELS IN THE SHOPPER HOPPER PROGRAM.
Rec: By Minute Motion: 1) Direct staff to work with the Indian Wells hotels
to participate in the Shopper Hopper Program; 2) decrease the
Blue Line loop from eight (8) to six (6) passes daily, allowing no
increase to the budget or cost to the Indian Wells hotels.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004
C. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE
FISCAL YEAR 2004/05 PALM DESERT CONSOLIDATED LANDSCAPING
AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT.
Rec: Waive further reading and adopt:
1) Resolution No. 04-13, initiating proceedings forthe balloting of
increased assessments for certain zones of the Palm Desert
Consolidated Landscaping and Lighting Maintenance District
for Fiscal Year 2004/05, pursuant to the provisions of Part 2 of
Division 15 of the California Streets and Highways Code.
2) Resolution No. 04-14, declaring the City's intention to conduct
a property owner balloting on the matter of increased
assessments for Fiscal Year 2004/05.
3) Resolution No. 04-15, granting preliminary approval to the
Engineer's Report, Fiscal Year 2004/05, for the Palm Desert
Consolidated Landscaping and Lighting Maintenance
Assessment District.
Action:
D. REQUEST FOR APPROVAL OF AGREEMENT WITH CITY OF
RANCHO MIRAGE FOR PREPARATION OF THE MONTEREY AVENUE
CORRIDOR STUDY (CONTRACT NO. C22400).
Rec: By Minute Motion:
Action:
1) Accept the proposal from Urban Crossroads, Inc., Irvine,
California, forthe preparation of the Monterey Avenue Corridor
Study.
2) Authorize the Mayor to execute the Agreement with the City of
Rancho Mirage for the City of Palm Desert to incur 50% of the
total cost of $206,855.00 ($103,427.50).
3) Approve a 10% contingency in the amount of $10,342.75.,
4) Appropriate $113,770.25 from the Unobligated Fund 400 for
this purpose.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. '1 TO
CONTRACT NO. C18640 — DESIGN OF THE HIGHWAY 111 STREET
IMPROVEMENTS (PROJECT NO. 635-00).
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of
$55,757.00 to the subject contract with Tetra Tech, Inc., Irvine,
California, for additional engineering required for project completion;
2) authorize transfer of $28,973.10 from contingency to base for the
contract; 3) allocate $26,783.90 from Unobligated Funds in Account
No. 213-4362-433-4001 to the subject project.
Action:
XVII. PUBLIC HEARINGS
CONSIDERATION OF VACATING A PORTION OF PUBLIC RIGHT OF
WAY ON SAN PABLO AVENUE, NORTH OF SAN GORGONIO WAY
(Prest-Vuksic Architects, Applicant).
Rec: Waive further reading and adopt Resolution No. 04-16, vacating the
subject right of way on San Pablo Avenue, north of San Gorgonio
Way.
Action:
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POSTED AGENDA --
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004
B. CONSIDERATION OF A CITY COUNCIL REQUEST FOR REVIEW OF A
DECISION OF THE PLANNING COMMISSION, APPROVING A
CONDITIONAL USE PERMIT FORA MASTER PLAN OF DEVELOPMENT
FOR A DRIVE-THRU RESTAURANT (WENDY'S) AND A SIT-DOWN
RESTAURANT, AND A PRECISE PLAN OF DESIGN FOR THE WENDY'S
RESTAURANT (INCLUDING DRIVE-THRU) ON PROPERTY AT THE
NORTHWEST CORNER OF WASHINGTON STREET AND
COUNTRY CLUB DRIVE — 78-078 COUNTRY CLUB DRIVE
(APN 607-070-017) Case Nos. MP/CUP/PP 03-18 (Fountainhead Shrugged
LLC, Applicant).
Rec: Waive further reading and adopt Resolution No. 04-17, affirming the
Planning Commission action and approving Case
Nos. MP/CUP/PP 03-18, subject to conditions.
Action:
C. CONSIDERATION OF THE APPROVAL OF A NEGATIVE DECLARATION
OF ENVIRONMENTAL IMPACT, A PRECISE PLAN OF DESIGN, AND A
TENTATIVE TRACT MAP TO SUBDIVIDE 9.75 ACRES INTO
64 SINGLE-FAMILY LOTS; MODIFIED SETBACKS FOR DWELLINGS ON
THE 64 LOTS, AND TERMINATION OF THE EXISTING DEVELOPMENT
AGREEMENT (DA 99-3, ORDINANCE NO. 932) — SOUTH SIDE OF
PARK VIEW DRIVE BETWEEN ONE QUAIL PLACE APARTMENTS AND
FAIRHAVEN DRIVE — 72-755 PARK VIEW DRIVE
(APNs 640-040-001/011/012/013/014/015) Case Nos. TT 31969 and
PP 03-24 (Mert Issacman/The Keith Companies, Inc., Applicant).
Rec: Waive further reading and adopt Resolution No. 04-18, approving
TT 31969 and PP 03-24, subject to conditions, and authorizing the
City Manager to enter into an agreement with the property owner to
terminate DA 99-3.
Action:
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
B. CITY ATTORNEY
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004
C. CITY CLERK
1. Reminder of Joint City Council, Redevelopment Agency, and Housing
Authority Study Session on Friday, February 27, 2004, at 9:00 a.m.
for Reviewing Current Project Status.
Action:
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reauests for Action:
o City Council Committee Reports:
o City Council Comments:
1. City Council Liaison Reports.
XIX. ADJOURNMENT
March 2, 2004
March 3, 2004
March 9, 2004
March 10, 2004
March 11, 2004
FUTURE MEETINGS:
2:00 p.m. Technology Committee
Administrative Services Conference Room
6:00 p.m. Planning Commission
Civic Center Council Chamber
6:00 p.m. Youth Committee
Administrative Services Conference Room
12:00 p.m. Architectural Review Commission
Community Services Conference Room
2:00 p.m. Marketing Committee
Administrative Services Conference Room
8:30 a.m. Parks & Recreation Commission
Community Services Conference Room
3:30 p.m. Housing Commission
North Wing Conference Room
3:30 p.m. Public Safety Commission
Administrative Services Conference Room
4:00 p.m. 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 les than 72 hours prior to the
meeting. Dated this 23rd day of February, 2004.
ac elle D. Klassen, City Clerk
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