The URL can be used to link to this page

Home My WebLink About00 2004-03-25 Posted Agenda POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 25, 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 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 - Councilman Richard S. Kelly VII. INVOCATION - Mayor Robert A. Spiegel POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2004 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 pr Redevelopment Agency meeting. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE ROBERT ROYER FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS PARKS & RECREATION COMMISSION. Action: B. PRESENTATION RECOGNIZING CARTER ELEMENTARY SCHOOL PRINCIPAL RITA LAMB AS "PRINCIPAL OF THE YEAR." Action: C. PRESENTATION TO RECOGNIZE PALM DESERT PUBLIC SAFETY OFFICIALS LIEUTENANT STEVE THETFORD OF THE PALM DESERT POLICE DEPARTMENT AND CHIEF IGNACIO OTERO OF THE PALM DESERT FIRE DEPARTMENT. 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 March 11, 2004, and the Adjourned Regular City Council Meetings of February 27, and March 3, 2004. Rec: Approve as presented. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2004 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 185 Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#504F) by Peter Young in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#522) by Patrick J. Clifford in the Amount of $50,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. CLAIM AGAINST THE CITY (#526) by Valerie Malone in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. F. CLAIM AGAINST THE CITY (#532) by Jack Kincheloe in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. G. SINGLE AUDIT of Federally Assisted Grant Program for the Fiscal Year Ended June 30, 2003. Rec: Receive and file. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2004 H. COMMITTEE AND COMMISSION MEETING MINUTES. 1. Citizens Advisory Committee for Project Area No. 4 Meetings of October 20, 2003, and February 9, 2004. 2. Housing Commission Meeting of February 11, 2004. 3. Investment & Finance Committee Meeting of January 28, 2004. 4. Library Promotion Committee Meeting of January 21, 2004. 5. Outside Agency Funding Committee Meeting of September 30, 2003. 6. Public Safety Commission Meeting of February 11, 2004. 7. Sister Cities Committee Meeting of January 15, 2004. Rec: Receive and file. I. REQUEST FOR EXTENSION of Contract for Meeting Minutes Transcription Services (Contract No. C16853). Rec: By Minute Motion, approve extension of the subject contract with Mary P. Gates, an individual and sole proprietor, of Indio, California, on an as-needed basis, at the rate of $25 per hour, in an amount not to exceed $5,000 and authorize expenditure of said funds from Account No. 110-4111-410-3090 -- funds are available and no additional appropriation is required. J. REQUEST FOR AUTHORIZATION to Purchase Gateway Televisions for the Desert Willow Bar Area. Rec: By Minute Motion, authorize staff to purchase three (3) Gateway televisions under the City's Government Contracts Procurement Process in the amount of $12,907.84 to be installed at the Desert Willow Bar Area. K. REQUEST FOR AWARD OF CONTRACT for the Citywide Palm Tree Pruning Program (Contract No. C22520, Project No. 931-XX). Rec: By Minute Motion: 1) Award the subject contract to TruGreen Landcare, Upland, California, in the amount of $26,330.45 and authorize the Mayor to execute same; 2) authorize a 10% contingency for the project in the amount of $2,633.05 -- funds are available in various Landscape Accounts. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2004 L. 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. M. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract No. 30275 (World Development, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security and accept the accompanying one-year maintenance bond for Tract No. 30275. N. CONSIDERATION of Support for the County of Riverside Interoperability Radio Systems Program. Rec: By Minute Motion, concur with the recommendation of the Public Safety Commission to support the County of Riverside Interoperability Radio Systems Program and participate in the Multi- Jurisdictional Committee. O. REQUEST for Support for the Coachella Valley Association of Government's (CVAG) Public Safety Committee Goals for Fiscal Year 2004/05 and Submitting Palm Desert's Top Five Priorities. Rec: By Minute Motion, concur with the recommendation of the Public Safety Commission to support CVAG's Public Safety Committee Goals for FY 2004/05 and submit the list of Palm Desert's top five priorities. P. REQUEST FOR APPROVAL of the Serving of Alcohol at the Eric Johnson Memorial Gardens Naming Ceremony. Rec: By Minute Motion, approve the serving of alcohol at the naming ceremony for the Eric Johnson Memorial Garden to be held on March 29, 2004. Q. INFORMATIONAL ITEMS: 1. Report on Warner Trail Storm Drain Improvements POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2004 Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 04-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ITS RESOLUTION NO. 90-130, ESTABLISHING A COMMERCIAL DEVELOPMENT LOW-INCOME HOUSING MITIGATION FEE FOR ALL COMMERCIAL DEVELOPMENTS WITHIN THE CITY OF PALM DESERT. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO FORM LANDSCAPE AND LIGHTING DISTRICTS FOR SEVEN EXISTING SINGLE-FAMILY TRACTS (THE BOULDERS, SUNDANCE EAST, PETUNIA I, PETUNIA II, PALM COURT, COLLEGE VIEW ESTATES, AND JERI LANE). Rec: By Minute Motion: 1) Authorize staff to proceed with formation of seven Landscape and Lighting Districts for existing single-family tracts; 2) continue to require all new single-family tracts to form homeowners associations to maintain the perimeter landscaping areas. Action: B. REQUEST FOR APPROVAL OF THE 2004 "SUMMER OF FUN" CONCERT AND MOVIE SERIES. Rec: By Minute Motion, approve the following for the 2004 "Summer of Fun" Concert and Movie Series: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2004 1) The attached lineup -- funds are available in Account No. 110- 4416-414-3061. 2) A purchase order in the amount of $9,687.50 with Live Oak Audio Visual, Seattle, Washington, for movies, professional staff, and audio visual equipment. 3) A purchase order in the amount of $15,100 with Musicians Outlet Rental Equipment, Palm Desert, California, for professional staff, sound, and lighting equipment at the concerts. 4) A purchase order in the amount of $6,148 with PyroSpectaculars by Souza, Inc., Rialto, California, to provide a five-minute fireworks display at the conclusion of the September 2, 2004, concert. 5) A purchase order in the amount of $27,500 with Pyro Spectaculars by Souza, Inc., Rialto, California, for the Independence Day Celebration fireworks display. 6) The following concert contracts, as presented, and the Mayor to execute same: a) CTC Music -- $1,500 -- Contract No. C22530A b) Steve Madaio & Friends -- $6,500 -- Contract No. C22530B c) Kal David & The Real Deal, Featuring Lauri Bono -- $2,000 -- Contract No. C22530C d) Silverado -- $1,600 -- Contract No. C22530D e) Upstream -- $2,000 -- Contract No. C22530E f) Susie Hanson Latin Band -- $3,400 -- Contract No. C22530F g) Redlands Symphony Orchestra -- $10,000 -- Contract No. C22530G Action: XV. CONTINUED BUSINESS None POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2004 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF ENERGY CONSERVATION AND CO- GENERATION PROJECT FOR THE CIVIC CENTER AS PROPOSED BY NORESCO. Rec: By Minute Motion: 1) Approve the Energy Efficiency and Co- Generation Project as proposed by Noresco, Inc., for the Civic Center; 2) approve a funding/financial plan for the project; 3) authorize the Mayor to sign the Energy Services Agreement with Noresco, Inc., once the final negotiations are complete (Contract No. C22540). Action: XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF AN ORDER TO ABATE A PUBLIC NUISANCE FOR THE AWNING LOCATED AT 73-111 EL PASEO, SUITE #204 Case No. 04-336 (Sabina Wietlisbach, Appellant). Rec: By Minute Motion, after considering all evidence and testimony, direct that the awning located at 73-111 El Paseo shall be removed within 10 days since it was substantially altered without the proper permit or approval from the proper City Departments, and as such, is a public nuisance pursuant to Palm Desert Municipal Code Section 8.20.020. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Reminder of Study Session with the Palm Springs Desert Resorts Convention & Visitors Authority on Friday, March 26, 2004, at 9:00 a.m. Action: D. MAYOR AND MEMBERS OF THE CITY COUNCIL POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2004 o City Council Requests for Action: o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: April 6, 2004 2:00 p.m. Technology Committee Administrative Services Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber April 7, 2004 6:00 p.m. Youth Committee Administrative Services Conference Room April 8, 2004 4:00 p.m. Regular City Council/RDA Meetings City 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 19 day of March, 2004. Rachelle D. Klassen, City Clerk