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HomeMy WebLinkAbout2004-04-08 Posted Agenda POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 08, 2004 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ORAL COMMUNICATIONS - A 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 giving 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 Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2004 Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Redevelopment Agency, Financing Authority, or Housing Authority Boards at this point by stepping to the lectern and giving 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, Financing Authority, or Housing Authority Boards. Because the Brown Act does not allow the City Council, Redevelopment Agency, Financing Authority, 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, Financing Authority, or Housing Authority meeting. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING APRIL 2004 AS "PREVENT CHILD ABUSE MONTH" IN THE CITY OF PALM DESERT. Rec: Action: B. PRESENTATION OF PROCLAMATION DECLARING APRIL 2004 AS "NATIONAL ALCOHOL AWARENESS MONTH" IN THE CITY OF PALM DESERT. Rec: Action: C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE -- APRIL 2004. Rec: Action: D. APPOINTMENTS TO VARIOUS VACANCIES ON THE CITY'S ESTABLISHED COMMITTEES AND COMMISSIONS. Rec: To be provided following applicant interviews on Friday, April 2, 2004. 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 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2004 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 Rgular City Council Meeting of March 25, 2004; and the Adjourned Regular City Council Meeting of March 15, 2004. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 189, 190, 194, and 195. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#531) by Teresa Dobrev in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CITY'S/AGENCY'S PORTFOLIO MANAGEMENT SUMMARIES for February 2004 (Joint Consideration with the Palm Desert Redevelopment Agency) Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Tommy Bahama Palm Desert LLC, 73-595 El Paseo, Suite 2200, Palm Desert. Rec: Receive and file. F. MARKETING COMMITTEE MINUTES for the Meetings of January 13, and February 10, 2004. Rec: Receive and file. G. RESOLUTION NO. 04-22 -- A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2004 Destruction of Files from the Department of Building & Safety that Have Been Digitally Imaged (April and May 2003). Rec: Waive further reading and adopt. H. REQUEST FOR AUTHORIZATION to Purchase Traffic Signal Equipment for Fred Waring Drive Widening (Project No. 653-01). Rec: By Minute Motion, authorize the purchase of traffic signal equipment from McCain Traffic Supply, Vista, California, in the amount of $24,788 plus shipping and tax for the Fred Waring Drive Widening from Deep Canyon Road to Washington Street -- funds are available in Account No. 400-4399-433-4001. I. REQUEST FOR AUTHORIZATION for Staff to Negotiate for Bus Shelters on Highway 111 and Other Selected Sites. Rec: By Minute Motion, authorize staff to negotiate with an individual firm to design and fabricate bus shelters on Highway 111 and other selected sites in the City. J. REQUEST FOR AWARD OF CONTRACT for Remodeling of the Building & Safety Department Front Counter Space and Addition of Cabinetry (Contract No. C22570). Rec: By Minute Motion, award the subject contract to Doug Wall Construction, Inc., Bermuda Dunes, California, in the amount of $7,710 and authorize the Mayor to execute same -- funds are available in Account No. 110-4420-422-4045. K. REQUEST FOR AWARD OF CONTRACT for Performance of Constructability Reviews of Capital Improvement Projects (Contract No. C22580). Rec: By Minute Motion, award the subject contract to Coachella Valley Construction Services, LLC, Indio, California, in an amount not to exceed $50,000 to perform reviews on an as-needed basis and authorize the Mayor to execute same. L. CONSIDERATION of Action Taken by Legislative Review Committee -- AB1933 (Pacheco) -- Public Records. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2004 Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 16, 2004, Meeting, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB1933 (Pacheco). M. CONSIDERATION of Action Taken by Legislative Review Committee -- AB2264 (Chavez) -- Housing. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 16, 2004, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB2264 (Chavez). N. CONSIDERATION of Action by Legislative Review Committee -- AB2437 (Pacheco) -- Records. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 16, 2004, Meeting, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB2437 (Pacheco). O. CONSIDERATION of Action by Legislative Review Committee -- AB2702 (Steinberg) -- Housing. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 16, 2004, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB2702 (Steinberg). P. CONSIDERATION of Action by the Legislative Review Committee -- AB2702 (Steinberg) -- Housing. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 16, 2004, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB1212 (Ducheny). Q. CONSIDERATION of Action by the Legislative Review Committee -- SB1641 (Alarcon) -- Local Government. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2004 Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 16, 2004, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB1641 (Alarcon). R. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract No. 28818 Mass Grading (Marriott Ownership Resorts, Inc., Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security for Tract No. 28818 for Marriott Shadow Ridge. S. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract No. 30025 (World Development, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security for Tract No. 30025 and accept the accompanying 10% Maintenance Bond for same. T. REQUEST FOR AUTHORIZATION to Vacate a Portion of Restricted Access Rights on Country Club Drive at Desert Country Plaza (Country Club East, LLC, Applicant). Rec: By Minute Motion, authorize the Mayor to execute a Quitclaim Deed to vacate the subject property. U. INFORMATIONAL ITEMS: 1. Report on Fred Waring Drive Widening from Deep Canyon to Washington Street. Rec: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 04-23 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING WORKERS' POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2004 COMPENSATION COVERAGE FOR CERTAIN CITY VOLUNTEERS PURSUANT TO THE PROVISIONS OF SECTION 3363.5 OF THE LABOR CODE (SISTER CITIES COMMITTEE ACTIVITIES). Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1064 -- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 11.01.010 AND 11.01.120 OF THE PALM DESERT MUNICIPAL CODE, RELATIVE TO CONTROL OF DOGS AT THE HOMME/ADAMS AND CAHUILLA HILLS PARKS. Rec: Waive further reading and pass to second reading. Action: For Adoption: XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF A CONTRACT FOR MAINTENANCE OF THE CITY'S PUBLIC ART COLLECTION AND THE EL PASEO EXHIBITION (CONTRACT NO. C22590) Rec: By Minute Motion, approve the subject contract with Michael Volpone, Cathedral City, California, in the amount of $52,000 for a period of one year and authorize the Mayor to execute said contract. Action: B. REQUEST FOR APPROVAL OF AN AMENDMENT TO CONTRACT FOR ADVERTISING SERVICES FOR THE EL PASEO BUSINESS IMPROVEMENT DISTRICT (CONTRACT NO. C21051). Rec: By Minute Motion, approve an amendment to the subject contract with Stephanie D. Green d.b.a. Creative i Group, Palm Desert, California, extending the contract from May 1, 2004, through April 30, 2005, in an amount not to exceed $220,000 and authorize the Mayor to execute same. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2004 Action: XV. CONTINUED BUSINESS A. CONSIDERATION OF A REPORT AND RECOMMENDATIONS FROM SPECIAL COUNSEL DR. KENNETH K. BAAR RELATIVE TO AMENDMENTS TO THE MOBILE HOME RENT CONTROL REGULATIONS (Continued from the meeting of February 26, 2004). Rec: By Minute Motion, approve the amendments to Ordinance No. 456, as recommended by Special Counsel Baar, and instruct the City Attorney to draft a new ordinance for City Council consideration. Action: B. REQUEST FOR APPROVAL OF ENERGY CONSERVATION AND CO- GENERATION PROJECT FOR THE CIVIC CENTER AS PROPOSED BY NORESCO (Continued from the meeting of March 25, 2004). Rec: By Minute Motion, continue to the meeting of May 13, 2004. Action: XVI. OLD BUSINESS XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO A CHANGE OF ZONE FROM PR-5 (PLANNED RESIDENTIAL, 5 UNITS PER ACRE) TO PR-13 (PLANNED RESIDENTIAL, 13 UNITS PER ACRE), A PRECISE PLAN/CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES TO CONSTRUCT 320 RESIDENTIAL CONDOMINIUM UNITS ON A 25-ACRE SITE ON THE NORTH SIDE OF GERALD FORD DRIVE, 636 FEET EAST OF MONTEREY AVENUE (73- 240 GERALD FORD DRIVE, APN 653-260-029) -- PROJECT INCLUDES A HEIGHT EXCEPTION FOR TOWER ELEMENTS 27 FEET IN HEIGHT AND A HOUSING AGREEMENT (IDENTIFIED AS DA 03-02), WHICH WILL INCLUDE, AMONG OTHER MATTERS, PROVISIONS FOR AFFORDABLE HOUSING UNITS Case Nos. C/Z 03-04, TT 31363, PP/CUP 03-06, and DA 03-02 (Sares Regis Group c/o Greg Albert, Applicant). Rec: Waive further reading and: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2004 1) Pass Ordinance No. 1065 to second reading, approving Case No. C/Z 03-04. 2) Adopt Resolution No. 04-24, approving TT 33163 and PP/CUP 03-06, subject to conditions, including a condition requiring execution of a Housing Agreement, which will include, among other matters, provisions for affordable housing units. Action: B. CONSIDERATION OF GRANTING SECOND READING TO AN ORDINANCE FOR A CHANGE OF ZONE AND DEVELOPMENT AGREEMENT ADDENDUM TO DEVELOMENT AGREEMENT 97-2, EXPANDING PLANNING AREA #3 OF THE WONDER PALMS MASTER PLAN, AND A RESOLUTION APPROVING A PRECISE PLAN OF DESIGN FOR 122,000 SQUARE FEET OF GROSS LEASABLE RETAIL, INCLUDING ONE DRIVE-THRU RESTAURANT ADJACENT TO GERALD FORD DRIVE, A THREE-STORY HOTEL WITH UP TO 130 ROOMS, A HEIGHT EXCEPTION FOR TOWER ELEMENTS, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO FOR 23.6 ACRES AT THE SOUTHWEST CORNER OF COOK STREET AND GERALD FORD DRIVE (37-001 COOK STREET) Case Nos. C/Z 03-10, PP 03-11, and DA 03-03 (Rick Evans, Applicant). Rec: 1) Waive further reading and adopt Ordinance No. 1059, relating to C/Z 03-10 and DA 03-03. 2) Waive further reading and adopt Resolution No. 04-26, approving PP 03-11, subject to conditions. 3) By Minute Motion, approve the project marketing sign, as requested by the Applicant. Action: C. CONSIDERATION OF A CITY COUNCIL REQUEST FOR REVIEW OF THE PLANNING COMMISSION'S APPROVAL OF A REQUEST BY NEXTEL COMMUNICATIONS AND CINGULAR WIRELESS TO CONSTRUCT A 75-FOOT HIGH MONOPINE WIRELESS TELECOMMUNICATIONS TOWER WITH TWO ADJACENT EQUIPMENT SHELTER BUILDINGS WITHIN A 25-FOOT X 60-FOOT FENCED AREA -- PROJECT SITE IS LOCATED 300 FEET SOUTH OF POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2004 COUNTRY CLUB DRIVE AND 1,300 FEET EAST OF EL DORADO DRIVE, AND IS PART OF A SOUTHERN CALIFORNIA SUBSTATION Case No. CUP 04-01 (Nextel Communicatoins and Cingular Wireless, Applicants). Rec: Waive further reading and adopt Resolution No. 04-27, affirming the Planning Commission's approval of Case No. CUP 04-01. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: April 13, 2004 12:00 p.m. Architectural Review Commission Community Services Conference Room April 14, 2004 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 April 15, 2004 3:00 p.m. Sister Cities Committee Administrative Services Conference Room April 19, 2004 3:00 p.m. Citizens’ Adv. Committee-Project Area No. 4 CANCELED April 20, 2004 2:00 p.m. Marketing Committee POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2004 Administrative Services Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber April 21, 2004 8:30 a.m. Art In Public Places Commission Administrative Services Conference Room 3:00 p.m. Library Promotion Committee Administrative Services Conference Room April 22, 2004 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 nd not less than 72 hours prior to the meeting. Dated this 2 day of April, 2004. Rachelle D. Klassen, City Clerk