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HomeMy WebLinkAbout2004-06-10 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 10, 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 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: 1) Property: Section 27, T3S R6E; Sections 27 & 35, T3S R6E; Portion of Section 30, T3S R7E Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Cathton, Inc. Other Parties: Friends of the Desert Mountains Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Cerritos, et al., v. State Board of Equalization, Alameda County Superior Court POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 2004 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: VI. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly VII. INVOCATION - Councilman Jim Ferguson 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 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. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO THE CITY COUNCIL BY SOUTHERN CALIFORNIA EDISON PUBLIC AFFAIRS MANAGER KATHLEEN J. DeROSA RELATIVE TO CURRENT APPLICATIONS BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION. Rec: Oral report to be provided at the meeting. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 2004 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 May 27, 2004. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 233 and 234. Rec: Approve as presented. C. CITY COMMITTEE/COMMISSION MEETING MINUTES. 1. Citizens' Advisory Committee for Project Area No. 4 Meeting of April 9, 2004. 2. Library Promotion Committee Meetings of Feburary 18, and April 21, 2004. 3. Marketing Committee Meeting of April 20, 2004. 4. Sister Cities Committee Meetings of March 18, and April 15, 2004. 5. Youth Committee Meeting of April 7, 2004. Rec: Receive and file. D. REQUEST FOR AUTHORIZATION to Accept Proposal for Growing of Annual Color for El Paseo Medians and the Civic Center Park (Contract No. C22840). Rec: By Minute Motion, accept the proposal submitted by Progressive Growers, Vista, California, in the amount of $18,769.40 (including tax and delivery) for contract growing of annual color -- funds are available in Account Nos. 110-4610-453-2190 and 110-4611-453-3320. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 2004 E. REQUEST FOR AUTHORIZATION to Release Improvement Bond and Record Performance Release for Katz/Broz Partners (Contract No. C18420). Rec: By Minute Motion, authorize: 1) Execution and recording of the Performance Release for Katz/Broz Partners; 2) release of payment security bond for the above contract. F. REQUEST FOR APPROVAL of Out-of-State Travel for Sister Cities Committee Representatives to Attend the Sister Cities International Annual Conference. Rec: By Minute Motion, authorize the subject out-of-state travel for two Sister Cities Committee representatives to attend the Conference, July 14-18, 2004, in Fort Worth, Texas -- funds are available in Account No. 110-4416-414-3126. G. REQUEST FOR AUTHORIZATION to Purchase Printing Hardware and Software for Finance Department Applications. Rec: By Minute Motion, authorize: 1) Staff to negotiate a contract with ACOM Solutions, Duluth, Georgia, to provide a printing solution for payroll and accounts payable checks; 2) the Mayor to sign the Licensing Agreement for same (Contract No. 22850); 3) appropriate $28,626 from the Unobligated General Fund Reserves to Account No. 110-4150-414-4040. H. CONSIDERATION of Action by Legislative Review Committee -- AB3037 (Yee) -- Employment. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of May 25, 2004, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB3037 (Yee). 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 2004 I. REQUEST FOR DECLARATION of Surplus Property Formerly Utilized by the Desert Willow Golf Resort and Authorization for Disposal. Rec: By Minute Motion, declare the items listed on the accompanying staff report (Exhibit "A") as surplus property and authorize its disposal by any of the recommended methods. J. REQUEST FOR AUTHORIZATION to Perform Biennial Review of the City's Conflict of Interest Code. Rec: By Minute Motion, authorize staff to make a formal review of the City's Conflict of Interest Code and, if necessary, prepare a resolution to be adopted by the City Council that would make the necessary amendments at the appropriate time. K. REQUEST FOR AWARD OF CONTRACT for Construction Management Services for the Aztec Road at Cook Street Intersection Improvements Project (Contract No. C22100A, Project No. 602-02). Rec: By Minute Motion, award the subject contract to Coachella Valley Construction Services, LLC, Indio, California, in the amount of $35,000 and authorize the Mayor to execute same -- funds are available in the Project Account, No. 213-4623-433-4001. L. REQUEST FOR AUTHORIZATION to Purchase Traffic Signal Controller Equipment for the Intersection of Portola Avenue and Quicksilver. Rec: By Minute Motion: 1) Approve Econolite Control Products, Anaheim, California, as the sole source vendor of traffic signal controller equipment for the City of Palm Desert; 2) ratify the purchase of replacement traffic signal controller cabinet for the subject intersection from Econolite in the amount of $17,794.91 -- Account No. 110-4250-433-3325. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 2004 M. REQUEST FOR AWARD OF CONTRACT for Rental and Service of Uniforms and Other Supplies (Contract No. C21330A). Rec: By Minute Motion: 1) Award the subject contract to Prudential Overall Supply, Riverside, California, in the amount of $166 per week; 2) authorize the Mayor to execute said contract -- funds are available in Account No. 110-4310-433-2140. N. INFORMATIONAL ITEMS: 1. Update on Screened Fence at 47762 Silver Spur Trail Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 04-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TRANSPORTATION UNIFORM MITIGATION FEES (TUMF) PURSUANT TO ITS ORDINANCE NO. 573, AND AMENDING ITS RESOLUTION NO. 89-51 TO REFLECT SAME. Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 04-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE NEW ADJUSTED RATE SCHEDULE OF FEES (EXHIBIT 5) FOR THE COLLECTION, RECYCLING, AND DISPOSAL OF MUNICIPAL SOLID WASTE AND RESIDENTIAL/COMMERCIAL RECYCLING AS DEFINED AND CONTAINED IN CONTRACT NO. C17230 -- SOLID WASTE MANAGEMENT SERVICES. Rec: Waive further reading and adopt. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 2004 XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CITYWIDE ROADWAY STRIPING (CONTRACT NO. C22750, PROJECT NO. 564-04). Rec: By Minute Motion, authorize: 1) Award of the subject contract to C-18, Inc., Beaumont, California, in the amount of $89,331; 2) setting aside a 10% contingency for the project in the amount of $8,933; 3) the Mayor to execute said contract -- funds are available in Account No. 110-4315-433-3320. Action: B. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE FRED WARING DRIVE SOUNDWALL BETWEEN DEEP CANYON ROAD AND YELLOW SAGE COURT (CONTRACT NO. C22760, PROJECT NO. 653-01). Rec: By Minute Motion, authorize: 1) Award of the subject contract to Parsam Construction, Inc., Glendale, California, in the amount of $1,385,420; 2) setting aside a 10% contingency for the project in the amount of $138,542; 3) the Mayor to execute said contract -- funds are available in Account No. 400-4399-433-4001. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 2004 C. REQUEST FOR AWARD OF CONTRACT FOR CITY ADVERTISING COORDINATOR SERVICES (CONTRACT NO. C19223). Rec: By Minute Motion, concur with the Marketing Committee's recommendation and award the subject contract to Full Gallop Marketing Communications, Rancho Mirage, California, in the amount of $78,000 for Fiscal Year 2004/05, and authorize the Mayor to execute same. Action: D. CONSIDERATION OF REQUEST FOR FUNDING OF BIGHORN GOLF CLUB'S SAMSUNG WORLD CHAMPIONSHIPS LPGA'S TOURNAMENT. Rec: By Minute Motion: 1) Concur with the Marketing Committee's recommendation and approve funding for the subject event in the amount of $125,000; 2) appropriate said funds from the Unobligated General Fund Reserves to Account No. 110-4417-414-3222 for same. Action: E. CONSIDERATION OF REQUEST FOR FUNDING OF THE SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT DOCUMENTARY. Rec: By Minute Motion: 1) Concur with the Marketing Committee's recommendation and approve funding of the subject project in the amount of $50,000; 2) appropriate said funds from the Unobligated General Fund Reserves to Account No. 110-4417-414-3222 for this purpose. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 2004 F. CONSIDERATION OF THE INITIATION OF PROCEEDINGS TO LEVY AND COLLECT ANNUAL ASSESSMENTS FOR THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT, AND APPROVAL OF THE PRELIMINARY ENGINEER'S REPORT FOR FISCAL YEAR 2004/05. Rec: Waive further reading and adopt: 1) Resolution No. 04-50, initiating the proceedings to levy and collect annual assessments within the Consolidated Palm Desert Landscaping and Lighting District, FY 2004/05; 2) Resolution No. 04-51, declaring the City's intent to levy and collect annual assessments and granting preliminary approval of the Engineer's Report for FY 2004/05. Action: XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF THE COMMISSIONING OF AN ARTIST TO CREATE A MURAL FOR THE PALM DESERT LIBRARY COMMUNITY ROOM (CONTRACT NO. C22080) (Continued from the meeting of May 13, 2004). Rec: By Minute Motion, continue this matter to the meeting of June 24, 2004. Action: B. CONSIDERATION OF THE SELECTION OF TWO SCULPTURES TO BE INTEGRATED WITH THE SMALL STONE EL PASEO MONUMENT SIGNS BETWEEN HIGHWAY 111 AND PORTOLA AVENUE, AND EL PASEO WEST OF HIGHWAY 74 (CONTRACT NO. C22670) (Continued from the meeting of May 13, 2004). Rec: By Minute Motion, select two of the six prioritized sculptures to be integrated with the El Paseo monument signs, each commission in an amount not to exceed $35,000, and appropriate $70,000 from Account No. 436-4650-454-4001 for same. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 2004 C. CONSIDERATION OF RESPONSE TO CITY COUNCIL DIRECTIVE TO INVESTIGATE PARKING SHORTAGE AT LENNON PLACE AND ECLECTIC STREET (Continued from the meeting of May 13, 2004). Rec: By Minute Motion: 1) Receive and file the report; 2) approve a six- month extension on this issue to allow Time Warner Cable and Waste Management of the Desert adequate time to consider potential solutions in locating additional off-street parking for their employees. Action: D. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 13, 2004 (Continued from the meeting of May 27, 2004). Rec: Approve as presented. Action: E. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE PORTOLA AVENUE SIDEWALK FROM MAGNESIA FALLS DRIVE TO QUICKSILVER DRIVE (CONTRACT NO. C22610) (Continued from the meeting of May 27, 2004). Rec: By Minute Motion: 1) Appropriate $125,000.00 from the Unobligated Fund 400 to Account No. 400-4616-433-4001; 2) award the subject contract to J. D. Stine Constructors, Inc., San Bernardino, California, in the amount of $408,852.00; 3) authorize a 10% contingency for the project in the amount of $40,885.20; 4) authorize the Mayor to execute said contract. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 2004 XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE INSTALLATION ON PORTOLA AVENUE AND THE HOVLEY LANE EAST MEDIAN ISLAND (CONTRACT NO. C22360, PROJECT NO. 915-04). Rec: By Minute Motion: 1) Award the subject contract to Hort Tech Landscape Inc., La Quinta, California, in the amount of $103,515; 2) authorize setting aside $10,351.50 as a 10% contingency for the project; 3) authorize the Mayor to execute said contract -- funds are available in Account No. 400-4614-433-4001. Action: B. CONSIDERATION OF THE APPROVAL OF THE CREATION OF ARTISTIC BENCH, "LILY PAD," FOR EL PASEO (CONTRACT NO. C22660). Rec: By Minute Motion, concur with the Art In Public Places Commission recommendation to commission Los Angeles Artist Michael Todd to create "Lily Pad," an artistic bench for the El Paseo Artistic Bench Project, in an amount not to exceed $10,000 -- funds are available in Account No. 436-4650-454-4001. Action: C. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C21200 -- CITYWIDE SLURRY SEAL PROGRAM. Rec: By Minute Motion: 1) Authorize transfer of $14,910 of contingency funds to base contract for the subject project; 2) allocate $51,490 from Unobligated Funds in Account No. 110-4311-433-3320 for same; 3) approve Change Order No. 1 in the amount of $66,400 to the subject contract with PetroChem Marketing, Inc., Santa Ana, California, and authorize the Mayor to execute same. Action: 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 2004 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM OPEN SPACE TO R-1, 9000 FOR 41 LOTS AROUND THE GOLF COURSE PERIMETER; A CHANGE OF ZONE FROM OPEN SPACE TO PR-6 FOR 9.68 ACRES IN THE AREA OF THE EXISTING DRIVING RANGE; A TENTATIVE TRACT MAP TO CREATE 95 RESIDENTIAL LOTS; A PRECISE PLAN; A DEVELOPMENT AGREEMENT, WHICH WILL PROVIDE FOR, AMONG OTHER MATTERS, MODIFIED DEVELOPMENT STANDARDS AND PROVISIONS REQUIRING THAT GOLF COURSE IMPROVEMENTS BE CARRIED OUT IN A TIMELY MANNER; AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE ABOVE -- ALL PROPERTY BEING A PORTION OF SECTION 13 AND 14, T5S R6E (PALM DESERT COUNTRY CLUB) Case Nos. C/Z 04-01, TT 31836, PP 04-01, and DA 04-01 (PDCC Development, LLC, and Dahoon Investment Company, Inc., Applicants) (Continued from the meeting of May 13, 2004). Rec: By Minute Motion, continue the matter to the meeting of June 24, 2004. Action: B. CONSIDERATION OF THE APPROVAL OF AN AMENDMENT TO THE HILLSIDE PLANNED RESIDENTIAL DISTRICT, PALM DESERT MUNICIPAL CODE CHAPTER 25.15, AND THE WEST HILLS SPECIFIC PLAN Case Nos. GPA 03-04 and ZOA 02-06 (City of Palm Desert, Applicant) (Continued from the meeting of May 13, 2004). Rec: Waive further reading and: 1) Adopt Resolution No. 04-43, amending the West Hills Specific Plan (Case No. GPA 03-04); 2) pass revised Ordinance No. 1046A to second reading, amending Chapter 25.15 of the Palm Desert Municipal Code (Case No. ZOA 02-06). Action: 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 2004 C. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF A 12,450 SQUARE FOOT OFFICE BUILDING LOCATED ON THE SOUTH SIDE OF FRED WARING DRIVE, APPROXIMATELY 368 FEET EAST OF SAN PABLO AVENUE Case No. PP 03-22 (Patel Architecture, Applicant). Rec: By Minute Motion, continue the matter to the meeting of June 24, 2004. Action: D. CONSIDERATION OF THE APPROVAL OF A CHANGE OF ZONE FROM PR-5 (PLANNED RESIDENTIAL, FIVE DWELLING UNITS PER ACRE) TO PCD (PLANNED COMMUNITY DEVELOPMENT), A DEVELOPMENT AGREEMENT TO SUPERSEDE THE EXISTING WONDER PALMS DEVELOPMENT PLAN TO EXPAND PLANNING AREA NO. 5, A MASTER PLAN OF DEVELOPMENT FOR THE NEW PLANNING AREA NO. 5, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO -- PROPERTY IS GENERALLY LOCATED SOUTH OF GERALD FORD DRIVE BETWEEN PORTOLA AVENUE AND COOK STREET (37-500 COOK STREET) Case Nos. C/Z 03-013 and DA 04-02 (American Realty Trust, Desert Wells 237, LLC, and RBF Consulting, Applicants). Rec: Waive further reading and pass Ordinance No. 1070 to second reading, approving Case Nos. C/Z 03-013 and DA 04-02. Action: E. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF TWO 6,213 SQUARE FOOT OFFICE BUILDINGS AND A CONDITIONAL USE PERMIT TO ALLOW OFFICE PARKING ON RESIDENTIAL PROPERTY -- PROPERTIES ARE LOCATED ON THE SOUTH SIDE OF FRED WARING DRIVE AND THE NORTH SIDE OF SANTA ROSA WAY, APPROXIMATELY 265 FEET EAST OF SAN ANSELMO AVENUE Case No. PP/CUP 04-08 (T. Michael Hadley, Applicant). Rec: Waive further reading and adopt Resolution No. 04-52, approving PP/CUP 04-08, subject to conditions. Action: 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 2004 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: 1. Consideration of Request from the Children's Discovery Museum of the Desert for Sponsorship of the Annual "Duck Pluck" (Mayor Robert A. Spiegel). Rec: By Minute Motion, approve sponsorship in the amount of $2,500. Action: o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT 14 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 2004 FUTURE MEETINGS: June 15, 2004 2:00 p.m. Marketing 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 June 16, 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 June 17, 2004 3:00 p.m. Sister Cities Committee Administrative Services Conference Room June 21, 2004 3:00 p.m. Citizens’ Advisory Cmte. – Project Area No. 4 Administrative Services Conference Room June 22, 2004 12:00 p.m. Architectural Review Commission Community Services Conference Room June 23, 2004 10:30 a.m. Investment & Finance Committee North Wing Conference Room June 24, 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 th not less than 72 hours prior to the meeting. Dated this 4 day of June, 2004. Rachelle D. Klassen, City Clerk 15