HomeMy WebLinkAbout2004-06-24 AGENDA
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 24, 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: Lease Property - Parkview Professional Office Complex -
73710 Fred Waring Drive, Suite No. 102, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Cove Communities Service Commission
Under Negotiation: x Price x Terms of Payment
2) Property: Lease Property - Parkview Professional Office Complex -
73710 Fred Waring Drive, Suite No. 222, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: County of Riverside/Supervisor Roy Wilson
Under Negotiation: x Price x Terms of Payment
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2004
3) Property: Lease Property - 42-305 Washington Street, Palm Desert
Negotiating Parties:
Agency: David J. Erwin/City of Palm Desert
Property Owner: FKC Palm Desert Parcel 1 LLC
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
b) City of Palm Desert v. Michaud, Riverside County Superior Court Case
No. INC 041793
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Action:
VI. PLEDGE OF ALLEGIANCE - Mayor Robert A. Spiegel
VII. INVOCATION - Councilmember Jean M. Benson
VIII. ORAL COMMUNICATIONS - B
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 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, 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.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2004
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT
EMPLOYEES FOR EXCEPTIONAL SERVICE - JUNE 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
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 June 10, 2004.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 238 and 241.
Rec: Approve as presented.
C. CITY COMMITTEE AND COMMISSION MEETING MINUTES .
1. Housing Commission Meeting of May 12, 2004.
2. Investment & Finance Committee Meeting of April 28, 2004.
3. Public Safety Commission Meeting of May 12, 2004.
4. Technology Committee Meeting of April 6, 2004.
Rec: Receive and file.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2004
D. REQUEST FOR AUTHORIZATION to Dispose of Paper Records from the
Department of Building & Safety that Have Been Digitized (December
2003; January, February, March, April, and May 2004).
Rec: Waive further reading and adopt: 1) Resolution No. 04-53 - for
December 2003 Records; 2) Resolution No. 04-54 for January
2004 Records; 3) Resolution No. 04-55 for February 2004 Records;
4) Resolution No. 04-56 for March 2004 Records; 5) Resolution
No. 04-57 for April 2004 Records; 6) Resolution No. 04-58 for
May 2004 Records
E. REQUEST FOR APPROVAL of Agreement for the City's Participation in
Trauma Intervention Programs, Inc. (TIP) (Contract No. C22890).
Rec: By Minute Motion, approve the subject agreement between the City
of Palm Desert and Trauma Intervention Programs, Inc.,
authorizing the City's participation in TIP for FY 2004/05 in the
amount of $5,082 ($0.12 per resident).
F. REQUEST FOR AUTHORIZATION to Purchase New Postage/Mailing
System (Contract No. C22900).
Rec: By Minute Motion, authorize staff to negotiate a contract with Pitney
Bowes for a new postage/mailing system in the amount of $24,459
plus sales tax and annual maintenance.
G. REQUEST FOR AUTHORIZATION to Purchase New AS400 Hardware
and Software for the City's Computer System (Contract No. C22910).
Rec: By Minute Motion, authorize: 1) Staff to negotiate a contract with
Logical Design, Inc., Mesa, Arizona, in the amount of $50,000 to
provide a new AS400 computer system; 2) appropriate $50,000
from General Fund Reserves for the purchase of a new IBM iSeries
(AS400) computer system.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2004
H. REQUEST FOR AWARD OF CONTRACT for Sweeping Services for City-
maintained Parking Lots (Contract No. C22770).
Rec: By Minute Motion: 1) Award the subject contract to M & M
Sweeping, Inc., Thousand Palms, California, in the amount of
$9,120; 2) authorize the Mayor to execute the contract -- funds are
available in the FY 2004/05 accounts for annual services.
I. REQUEST FOR AUTHORIZATION to Accept Street Sweeping Services
for State Highways in Palm Desert (Contract No. C22560A).
Rec: By Minute Motion, accept street sweeping services by CleanStreet,
Gardena, California, for the State Highways in Palm Desert at a
rate of $28.70 per curb mile.
J. REQUEST FOR AWARD OF CONTRACT for Landscape Design for the
Country Club Median East of Tamarisk Row Drive to Oasis Club Drive
(Contract No. C22920, Project No. 713-04).
Rec: By Minute Motion: 1) Award the subject contract to David Volz
Design, La Quinta, California, in the amount of $12,520;
2) authorize a 10% contingency for the project in the amount of
$1,252; 3) authorize the Mayor to execute said contract -- funds are
available in Account No. 400-4614-433-4001.
K. REQUEST FOR APPROVAL of the First Amendment to Agreement for
Contract Plan Review Services with California Code Check (Contract
No. C21441B).
Rec: By Minute Motion, approve the First Amendment to the Agreement
for Contract Plan Review Services with California Code Check,
Newbury Park, California, extending the term of services for one
year -- July 1, 2004, to June 30, 2005 -- funds are available in
Account No. 110-4420-422-3010.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2004
L. REQUEST FOR APPROVAL of the First Amendment to Agreement for
Contract Plan Review Services with Esgil Corporation (Contract
No. C1441A).
Rec: By Minute Motion, approve the First Amendment to the Agreement
for Contract Plan Review Services with Esgil Corporation,
San Diego, California, extending the term of services for one year --
July 1, 2004, t June 30, 2005 -- funds are available in Account
No. 110-4420-422-3010.
M. REQUEST FOR APPROVAL of an Increase in the Monthly Retainer for
Legislative Lobbying Services (Contract No. C02996).
Rec: By Minute Motion, approve a $400/month increase (from
$2,600/month to $3,000/month) in the retainer paid to Joe A.
Gonsalves & Sons, Inc., for legislative lobbying services -- funds
are available in Account No. 110-4112-410-3090.
N. REQUEST FOR APPROVAL of the 2005/06 El Paseo Exhibition (Contract
Nos. C22930A-R).
Rec: By Minute Motion: 1) Approve of the 2005/06 El Paseo Exhibition,
as presented; 2) authorize the Mayor to execute contracts with the
respective artists or their representatives for the Exhibition -- funds
are allocated in the FY 2004/05 Budget, Account
No. 436-4650-454-4002.
XI. CONSENT ITEMS HELD OVER
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2004
XII. RESOLUTIONS
A. RESOLUTION NO. 04-59 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, EXTENDING THE DATE
OF ITS CABLE TELEVISION FRANCHISE AGREEMENT WITH TIME
WARNER CABLE FROM JUNE 30, 2004, THROUGH JUNE 30, 2005.
Rec: Waive further reading and adopt.
Action:
B. RESOLUTION NO. 04-60 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, INITIATING
PROCEEDINGS TO VACATE A PUBLIC STREET KNOWN AS LOT A
(FRANKONIA COURT) OF PARCEL MAP NO. 28448-1 UNDER
PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS &
HIGHWAYS CODE, AND FIXING A TIME AND PLACE FOR THE
HEARING OF ALL PERSONS INTERESTED IN OR OBJECTING TO
THE PROPOSED ABANDONMENT (J. W. Design & Construction, Inc.,
Applicant).
Rec: Waive further reading and adopt.
Action:
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2004
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE 2004
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF PALM
DESERT ON TUESDAY, NOVEMBER 2.
Rec: Waive further reading and:
1) Adopt Resolution No. 04-61, calling and giving notice of the
holding of a General Municipal Election to be held on Tuesday,
November 2, 2004, for the election of certain officers as required by
the provisions of the Laws of the State of California and the Charter
of the City of Palm Desert, and for the submission to the voters a
question relating to Transient Occupancy Tax.
2) Adopt Resolution No. 04-62, requesting the Board of
Supervisors of the County of Riverside to consolidate a General
Municipal Election to be held on Tuesday, November 2, 2004, with
the Statewide General Election to be held on the date pursuant to
§10403 of the Elections Code.
3) Adopt Resolution No. 04-63, adopting regulations for candidates
for elective office, pertaining to candidates' statements submitted to
the voters at an election to be held on Tuesday, November 2, 2004.
4) Adopt Resolution No. 04-64, providing for the filing of rebuttal
arguments for City Measures submitted at Municipal Elections.
5) Adopt Resolution No. 04-65, setting priorities for filing a written
argument regarding a City Measure and directing the City Attorney
to prepare an impartial analysis.
6) Pass Ordinance No. 1071 to second reading, pending majority
vote of the electors of the City of Palm Desert at its General
Municipal Election to be held Tuesday, November 2, 2004.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2004
B. REQUEST FOR APPROVAL OF THE PRESSIDENTS' PLAZA I
(EAST/WEST) BUSINESS IMPROVEMENT DISTRICT BUDGET FOR
FISCAL YEAR 2004/05.
Rec: Waive further reading and adopt: 1) Resolution No. 04-66,
approving the Presidents' Plaza I Business Improvement District
Budget for FY 2004/05; 2) Resolution No. 04-67, ordering the levy
and collection of assessments for the Presidents' Plaza I Property
and Business Improvement District for FY 2004/05.
Action:
C. REQUEST FOR APPROVAL OF THE PRESIDENTS' PLAZA III
BUSINESS IMPROVEMENT DISTRICT BUDGET FOR FISCAL
YEAR 2004/05.
Rec: Waive further reading and adopt: 1) Resolution No. 04-68,
approving the Presidents' Plaza III Business Improvement District
Budget for FY 2004/05; 2) Resolution No. 04-69, ordering the levy
and collection of assessments for FY 2004/05.
Action:
D. REQUEST FOR APPROVAL OF AGREEMENT FOR MONTHLY
PRINTING OF THE CITY'S BRIGHT SIDE NEWSLETTER (CONTRACT
NO. C22940).
Rec: By Minute Motion, approve the agreement with Coachella Valley
Printing Group, Indio, California, for monthly printing of the Bright
Side newsletter in the amount of $4,770.64/month for FY 2004/05
and $4,995/month for FY 2005/06.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2004
E. REQUEST FOR APPROVAL OF AN AGREEMENT FOR PRINTING OF
THE PALM DESERT TABLETOP BOOK (CONTRACT NO. C22950).
Rec: By Minute Motion, approve the agreement with Papillon Graphics,
Palm Desert, California, for printing of 7,500 newly created
Palm Desert Tabletop Books in the amount of $69,719 -- funds are
available in the FY 2003/04 Budget for this purpose.
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
meetings of May 13, and June 10, 2004).
Rec: By Minute Motion, concur with the recommendation of the Art In
Public Places Commission to approve a $1,000 honorarium for the
three artist finalists to provide further design refinement.
Action:
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF AN INCREASED SCOPE OF WORK
FOR THE PROJECT OF DESIGNING THE PORTOLA AVENUE,
COUNTRY CLUB DRIVE, AND COOK STREET STORM DRAIN AND
TRAFFIC SIGNAL IMPROVEMENTS TO INCLUDE MONTEREY
AVENUE STORM DRAIN (CONTRACT NO. C22300, PROJECT
NO. 508-04).
Rec: By Minute Motion: 1) Increase the scope of the subject contract
with Harris & Associates, Irvine, California, to include the
engineering hydrology study for the Monterey Avenue Storm Drain
between Fred Waring Drive and the Whitewater Channel;
2) appropriate $82,830 from Unobligated Fund 420 to the project
account; 3) approve an increase of the subject contract in the
amount of $75,300; 4) set aside a 10% contingency for same.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2004
B. CONSIDERATION OF AMENDED LEGISLATIVE DOCUMENTS AS
THEY RELATE TO 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).
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:
XVII. PUBLIC HEARINGS
A. 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-F00T HIGH MONOPINE WIRELESS
TELECOMMUNICATIONS TOWER WITH TWO ADJACENT
EQUIPMENT SHELTER BUILDINGS WITHIN A 25-FO0T X 60-FOOT
FENCED AREA -- PROJECT SITE IS LOCATED 300 FEET SOUTH OF
COUNTRY CLUB DRIVE AND 1,300 FEET EAST OF EL DORADO
DRIVE, AND IS PART OF A SOUTHERN CALIFORNIA EDISON
SUBSTATION Case No. CUP 04-01 (Nextel Communications and
Cingular Wireless, Applicants) (Continued from the meetings of April 8,
and May 27, 2004).
Rec: By Minute Motion, continue matter to the meeting of August 26,
2004.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2004
B. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM OPEN
SPACE TO 4-1, 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 meetings of May 13, and June 10,
2004).
Rec: Waive further reading and: 1) Pass Ordinance No. 1067 to second
reading, relating to C/Z 04-01; 2) pass Ordinance No. 1068 to
second reading, relating to DA 04-01; 3) adopt Resolution
No. 04-42, approving PP 04-01 and TT 31836, subject to
conditions.
Action:
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) (Continued from the meeting
of June 10, 2004).
Rec: By Minute Motion, continue to the meeting of July 8, 2004.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2004
D. CONSIDERATION OF A CITY COUNCIL REQUEST FOR REVIEW OF A
DECISION OF THE PLANNING COMMISSION, APPROVING AN
AMENDMENT TO THE EXISTING CONDITIONAL USE PERMIT TO
ALLOW ROC'S FIREHOUSE GRILLE, 73-405 EL PASEO, #32A, TO
OPERATE FROM 9:00 A.M. TO 2:00 A.M. DAILY Case No. CUP 93-7
Amendment #3 (Roc's Firehouse Grille, Applicant).
Rec: Waive further reading and adopt Resolution No. 04-70, affirming
the Planning Commission decision and adding a condition
reserving the right to impose future conditions necessary to mitigate
identified impacts.
Action:
E. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND
EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR THE
CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY,
AND PALM DESERT HOUSING AUTHORITY FOR FISCAL YEAR
2004/05 (JOINT CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING
AUTHORITY).
Rec: 1) Receive public testimony.
Waive further reading and adopt:
2) City Council Resolution No. 04-71, adopting a City Program and
Financial Plan for the Fiscal Year July 1, 2004, through June 30,
2005.
3) City Council Resolution No. 04-72, establishing the
Appropriations Limit for Fiscal Year 2004/05.
4) Redevelopment Agency Resolution No. 493, adopting a
Redevelopment Agency Program and Financial Plan for the Fiscal
Year July 1, 2004, through June 30, 2005.
5) Housing Authority Resolution No. HA-24, adopting a Housing
Authority Program and Financial Plan for the Fiscal Year July 1,
2004, through June 30, 2005.
6) City Council Resolution No. 04-73, setting the Salary Schedule,
Salary Ranges, and Allocated Classifications.
7) City Council Resolution No. 04-74, setting the Mileage
Reimbursement Rate.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2004
F. REQUEST FOR APPROVAL OF THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS FOR THE PALM DESERT CONSOLIDATED
LANDSCAPING AND LIGHTING DISTRICT, AND GRANTING FINAL
APPROVAL FOR THE ENGINEER'S REPORT FOR FISCAL YEAR
2004/05.
Rec: By Minute Motion, continue the hearing to the meeting of July 8,
2004.
Action:
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
B. CITY ATTORNEY
C. CITY CLERK
1. Reminder of July 8, 2004, Study Session at 12:30 p.m. for the
Project Dealing with Area Known as “Wonder Palms” – Case Nos.
C/Z 03-013 and DA 04-02 (American Realty Trust, Desert Wells
237, LLC, and RBF Consulting, Applicants).
Action:
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
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2004
FUTURE MEETINGS:
July 6, 2004 2:00 p.m. Technology Committee
Administrative Services Conference Room
6:00 p.m. Planning Commission
- CANCELED -
6:00 p.m. Youth Committee
Administrative Services Conference Room
July 8, 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 18 day of June, 2004.
Rachelle D. Klassen, City Clerk
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