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HomeMy WebLinkAbout2004-05-13 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 13, 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: 1) Property: Lease Property -- Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 211, Palm Desert Negotiating Parties: Agency: Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: State of California-Dept. of Food and Agriculture Under Negotiation: x Price x Terms of Payment POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 2) Property: APN 622-190-006 Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/City of Palm Desert Property Owner: Daniel and Nancy Yoakum Under Negotiation: x Price x Terms of Payment 3) Property: 3.91 Acres on west side of Cook Street, north of Whitewater Storm Channel Negotiating Parties: Agency: Carlos L. Ortega/Phil Drell/City of Palm Desert Property Owner: Phil Cordova Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 3 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Buford A. Crites 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, Hosing Authority, or Financing Authority 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, Housing Authority, or Financing Authority Boards. Because the Brown Act does not allow the City Council, Redevelopment Agency, Housing Authority, or Financing 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, Housing Authority, or Financing Authority meeting. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE JANET BRODY FOR HER MANY YEARS OF SERVICE TO THE CITY OF PALM DESERT AND ITS VARIOUS COMMITTEES AND COMMISSIONS. Action: B. PRESENTATION OF PROCLAMATION, DECLARING MAY 2004 AS "NATIONAL MENTAL HEALTH MONTH" IN THE CITY OF PALM DESERT. Action: C. PRESENTATION TO RECOGNIZE THE PALM DESERT HIGH SCHOOL VARSITY AND JUNIOR VARSITY DANCE TEAM. Action: D. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE -- MAY 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 Meetings of April 8, and April 22, 2004. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 198, 201, 202, 207, 208, 212, 213, 217, and 218. Rec: Approve as presented. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 C. CLAIM AGAINST THE CITY (#530) by Brandon Slater in the Amount of $940. 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 March 2004 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. E. AUDIT REPORT for the City of Palm Desert Gas Tax Fund for the Period July 1, 2001, through June 30, 2002. Rec: Receive and file. F. AUDITED FINANCIAL REPORTS for the City of Palm Desert Measure "A" Fund for the Fiscal Year Ended June 30, 2003. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Maria Monterroso and Victor Monterroso for Taqueria El Sinaloense, 73-850 Highway 111, Suite G, Palm Desert. Rec: Receive and file. H. MINUTES OF CITY COMMITTEE AND COMMISSION MEETINGS. 1. Citizens' Advisory Committee for Project Area No. 4 Meetings of February 9 (Amended), and March 15, 2004. 2. Housing Commission Meeting of March 10, 2004. 3. Investment & Finance Committee Meetings of February 25, and March 24, 2004. 4. Marketing Committee Meeting of March 16, 2004, and Study Session Notes of March 24, 2004. 5. Public Safety Commission Meeting of March 10, 2004. 6. Sister Cities Committee Meeting of March 18, 2004. 7. Technology Committee Meeting of February 3, 2004. 8. Youth Committee Meeting of March 3, 2004. Rec: Receive and file. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 I. LETTER OF RESIGNATION from Janet Brody -- Art In Public Places Commission. Rec: Receive with very sincere regret. J. REQUEST FOR AUTHORIZATION to Destroy Files from the Department of Building & Safety that Have Been Digitally Imaged Onto CD's (June, July, August, September, October, and November 2003). Rec: Waive further reading and adopt: 1) Resolution No. 04-28 for June 2003 Records; 2) Resolution No. 04-29 for July 2003 Records; 3) Resolution No. 04-30 for August 2003 Records; 4) Resolution No. 04-31 for September 2003 Records; 5) Resolution No. 04-32 for October 2003 Records; 6) Resolution No. 04-33 for November 2003 Records. K. REQUEST FOR AUTHORIZATION to Obtain Additional Digital Imaging Services for Engineering Documents. Rec: By Minute Motion, authorize additional digital imaging services by California CD Imaging Center, Rancho Cucamonga, California, in the Amount of $1.38 per plan sheet and $0.10 per 8 1/2 x 11 or 8 1/2 x 14 sheet, in an amount not to exceed $20,000 -- funds are available in Account No. 110-4300-413-3010. L. REQUEST FOR APPROVAL of Contract for Audit Services for the City of Palm Desert, Palm Desert Redevelopment Agency, Desert Willow Golf Resort, Palm Desert Recreation Facilities Corporation, and the Palm Desert Housing Authority for the Fiscal Year Ending June 30, 2004 (Contract No. C20182) (Joint Consideration with the Palm Desert Redevelopment Agency and the Palm Desert Housing Authority). Rec: By Minute Motion, approve the subject contract with Lance, Soll & Lunghard, LLP, Brea, California. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 M. REQUEST FOR AUTHORIZATION to Dispose of Obsolete Traffic Signal Equipment. Rec: By Minute Motion, authorize staff to dispose of obsolete traffic signal equipment currently housed at the Joni Drive yard, as identified on the accompanying staff report. N. REQUEST FOR AUTHORIZATION to Transfer Title for Lot 17 of the Portola Palms Mobile Home Park. Rec: By Minute Motion, authorize the transfer of title for Lot 17 of the Portola Palms Mobile Home Park to the Portola Palms Homeowners Association and the Mayor to execute the Grant Deed for same. O. REQUEST FOR AUTHORIZATION to Reject Bids for the Desert Willow Golf Resort Mountain View Course Comfort Station Upgrades (Contract No. C21540). Rec: By Minute Motion, reject all bids received for the subject project. P. REQUEST FOR AUTHORIZATION to Design a Traffic Signal for the Intersection of Highway 74 and Shadow Mountain Drive. Rec: By Minute Motion, authorize staff to proceed with designing a traffic signal installation for the intersection of Highway 74 and Shadow Mountain Drive. Q. REQUEST FOR APPROVAL of an AB2766 Memorandum of Understanding (MOU) with the Coachella Valley Association of Governments for Regional PM10 Street Sweeping Program for Fiscal Year 2005 (Contract No. C22640). Rec: By Minute Motion, approve the subject MOU and authorize the Mayor to execute same. 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 R. REQUEST FOR AWARD OF CONTRACT for Residential/Commercial Street Sweeping Services (Contract No. C22560). Rec: By Minute Motion, award the subject contract to CleanStreet, Gardena, California, in the amount of $26.95 per cur mile ($3,767.61) per month and authorize the Mayor to execute same -- funds have been specified in the FY 2004/05 Budget, Account No. 110-4310-433-3320. S. REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of Work for Contract No. C21560 -- Well Site Improvements at Fred Waring Drive and San Pascual Avenue (Cora Constructors, Palm Desert, CA). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $1,969.16 for the purchase and installation of a 6-inch swing check valve and removal of an unmarked utility conflicting with the installation of 12-inch waterline and the Mayor to execute same; 2) authorize the Director of Finance to transfer $1,969.16 from contingency to base for the project; 3) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. T. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20710A -- Construction of the Magnesia Falls Drive Bridge and Street Improvements Soundwall (Project No. 648-99A) (Parsam Construction Company, Glendale, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. U. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20910A -- Construction of the Street Improvements at Highway 111 and Town Center Way (Dateland Construction, Coachella, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 V. REQUEST FOR AUTHORIZATION to Release One-Year Maintenance Security for Tract 30030 (Alpine Lane) (Sound Management, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subdivision improvement maintenance security for Tract No. 30030. W. CONSIDERATION of Legislative Review Committee Action on AB2353 (Leslie) -- Electric Vehicles. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 27, 2004, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB2353 (Leslie). X. CONSIDERATION of Legislative Review Committee Action on AB2782 (Benoit) -- Public Agencies' Joint Powers Authorities. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 27, 2004, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB2782 (Benoit). Y. CONSIDERATION of Legislative Review Committee Action on ACA29 (Harman, Lowenthal, Richman) -- Transportation Investment Fund. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 27, 2004, and direct staff to prepare a letter of support for the Mayor's signature with regard to ACA29 (Harman, Lowenthal, Richman). Z. CONSIDERATION of Legislative Review Committee Action on SB744 (Dunn and Ducheny) -- Housing. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 27, 2004, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB744 (Dunn and Ducheny). 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 AA. CONSIDERATION of Legislative Review Committee Action on SB1179 (Ducheny) -- Enterprise Zones. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 27, 2004, and direct staff to prepare a letter of support for the Mayor's signature with regard to SB1179 (Ducheny). BB. CONSIDERATION of Legislative Review Committee Action on SB1263 (Torlakson) -- Mandatory Approval of Development Projects. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 27, 2004, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB1263 (Torlakson). CC. CONSIDERATION of Legislative Review Committee Action on SB1346 (Ducheny) -- Fire Prevention and Suppression. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 27, 2004, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB1346 (Ducheny). DD. CONSIDERATION of Legislative Review Committee Action on SB1404 (Soto) -- Multi-family Improvement Districts. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 27, 2004, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB1404 (Soto). 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 EE. CONSIDERATION of Legislative Review Committee Action on SB1592 (Torlakson) -- Local Planning. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 27, 2004, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB1592 (Torlakson). FF. CONSIDERATION of Legislative Review Committee Action on ACA30/AB3105 (Steinberg and Campbell) and SCA21/SB1774 (Torlakson and Johnson) -- Local Government Finance. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 27, 2004, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to ACA30/AB3105 (Steinberg and Campbell) and SCA21/SB1774 (Torlakson and Johnson). GG. CONSIDERATION of Legislative Review Committee Action on SCA22 (Johnson and Torlakson) -- League of California Cities' Initiative. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 27, 2004, and direct staff to prepare a letter of support for the Mayor's signature with regard to SCA22 (Johnson and Torlakson). HH. REQUEST FOR APPROVAL of Payment to the League of California Cities for the Grass Roots Coordinator Program. Rec: By Minute Motion, concur with staff and approve payment in the amount of $4,000 to the League of California Cities. 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 II. CONSIDERATION of Request for Sponsorship of the Foundation for the Retarded of the Desert's Celebrity Golf Classic. Rec: By Minute Motion, approve the subject request in the amount of $2,500 and appropriate said funds for this purpose. JJ. CONSIDERATION of Request by the Palm Desert Chamber of Commerce Relative to Date of the Annual Golf Cart Parade. Rec: By Minute Motion, approve a change in date for the Annual Palm Desert Golf Cart Parade from the first Sunday in November to a weekend in January, beginning in 2006. KK. CONSIDERATION of Request for Sponsorship of the Virginia Waring International Piano Competition. Rec: By Minute Motion, concur with the recommendation of the Marketing Committee and approve a $50,000 sponsorship of the subject event to be held in January 2005. LL. REQUEST FOR APPROVAL of the Serving of Wine in Connection with Art Gallery Receptions in June 2004. Rec: By Minute Motion, permit the possession and serving of alcoholic beverages in connection with receptions for the "Artistic Benches Proposals" and the "Coachella Valley Watercolor Society" Exhibitions to be held in the North Wing Gallery on June 1, and June 15, 2004, respectively. MM. REQUEST FOR APPROVAL of the Expenditure of Cal COPS Grant Funds for Purchase of Computer Equipment. Rec: By Minute Motion, concur with the recommendation of the Public Safety Commission and approve an expenditure of approximately $9,551.17 in Cal COPS grant funding for the purchase of computer equipment. 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 NN. REQUEST FOR WAIVER of Fees Associated with the Washington Charter School's Fiesta Dance Troupe Production. Rec: By Minute Motion, approve the request of the Washington Charter School Parent Club Foundation for a waiver of fees for use of the Civic Center Amphitheater and Pavilion #1 for the subject event to be held on May 15, 2004. OO. REQUEST FOR RATIFICATION of City Manager's Approval of Out-of -State Travel by Community Services Division's Senior Management Analyst to Participate in a Legislative Summit in Culiacan, Mexico, April 22-25, 2004. Rec: By Minute Motion, ratify the subject out-of-state travel by the Community Services Division's Senior Management Analyst as a governmental representative from Riverside County and the expenditure of $668.54 for same -- funds are available in Account No. 110-4112-410-3120. PP. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies. Action: XI. CONSENT ITEMS HELD OVER 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 XII. RESOLUTIONS A. RESOLUTION NO. 04-34 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE ENERGY COALITION, A CALIFORNIA NON-PROFIT CORPORATION. Rec: Waive further reading and adopt, authorizing the City to enter into a new MOU with the Energy Coalition, facilitating a partnership of Southern California cities and their partner utilities -- Southern California Edison and Southern California Gas, known as the "Community Energy Partnership" (Contract No. C22650). Action: B. RESOLUTION NO. 04-35 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE "REQUEST FOR ASSISTANCE" FROM THE CALIFORNIA ENERGY COMMISSION FOR DEVELOPMENT OF AN ENERGY EFFICIENCY, COGENERATION PROJECT AT CITY HALL. Rec: Waive further reading and adopt. Action: C. RESOLUTION NO. 04-36 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS FOR THE UNDERGROUNDING OF OVERHEAD ELECTRIC AND COMMUNICATION UTILITY FACILITIES TO UNDERGROUND FACILITIES PURSUANT TO THE PROVISIONS OF CHAPTER 12.12 OF THE PALM DESERT MUNICIPAL CODE AND THE MUNICIPAL IMPROVEMENT ACT OF 1913 (PALM DESERT HIGHLANDS). Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 For Adoption: 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 adopt. Action: XIV. NEW BUSINESS A. CONSIDERATION OF THE ACCEPTANCE AND PURCHASE OF 20 "ARTISTIC BENCH" DESIGNS FROM THE RESPECTIVE ARTISTS AND SPONSORSHIP OF ONE OR MORE OF THE SELECTED BENCHES (CONTRACT NO. C22660). Rec: By Minute Motion: 1) Accept and purchase the 20 "Artistic Bench" designs selected by the Art In Public Places Commission for $250 each from the respective artists and appropriate said funds from Account No. 436-4650-454-3092; 2) sponsor one or more of the designs selected by the Art In Public Places Commission in an amount to exceed $10,000 for the total project and appropriate funds from Account No. 436-4650-454-4001 for same. Action: B. REQUEST FOR APPROVAL OF THE COMMISSIONING OF AN ARTIST TO CREATE A MURAL FOR THE PALM DESERT LIBRARY COMMUNITY ROOM (CONTRACT NO. C22080). Rec: By Minute Motion, select one of the three prioritized mural proposals to be commissioned for the Palm Desert Library Community Room in an amount not to exceed $35,000 and appropriate said funds from Account No. 436-4650-454-4001. Action: 14 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 C. 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). 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: D. REQUEST FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CITY OF INDIAN WELLS FOR WIDENING AND RELATED CONSTRUCTION ALONG FRED WARING DRIVE FROM DEEP CANYON ROAD TO CALIFORNIA AVENUE (CONTRACT NO. C22680). Rec: By Minute Motion, authorize the Mayor to execute the subject MOU. Action: E. REQUEST FOR APPROVAL OF DEPOSIT AND REIMBURSEMENT AGREEMENTS FOR COSTS ASSOCIATED WITH THE FORMATION OF AN ASSESSMENT DISTRICT FOR FINANCING CERTAIN PUBLIC IMPROVEMENTS IN THE VICINITY OF DEVELOPMENT KNOWN AS UNIVERSITY PARK. Rec: By Minute Motion, approve the subject Deposit and Reimbursement Agreements with Desert Wells 237, LLC/Palm Desert 124, Inc., Palm Springs, California, (Contract No. C22690A) and American Realty Trust, Inc., Dallas, Texas, (Contract No. C22690B) and authorize the Mayor to execute same. Action: 15 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 F. CONSIDERATION OF THE INITIATION OF PROCEEDINGS TO FORM SEVEN LANDSCAPING AND LIGHTING DISTRICTS: OLIVE COURT, PETUNIA I, PETUNIA II, SUNDANCE EAST, COLLEGE VIEW CIRCLE, THE BOULDERS, AND PALM COURT SUBDIVISIONS. Rec: Waive further reading and adopt: 1) Resolutuion No. 04-37, initiating proceedings for formation of the subject Landscaping and Lighting Districts and the concurrent annexation of said districts and territory into the Palm Desert Consolidated Landscaping and Lighting District; 2) Resolution No. 04-38, approving the Preliminary Engineer's Reports regarding formation of the subject Landscaping and Lighting Districts; 3) Resolution No. 04-39, calling for a property owner protest proceeding to submit to the qualified property owners the question of levying such assessments and establishing an assessment range formula for said districts, and the levy and collection of annual assessments related thereto, commencing with FY 2004/05. Action: G. CONSIDERATION OF THE DISCUSSION OF VARIOUS COVE COMMISSION FUNDING FORMULAS. Rec: By Minute Motion: 1) Provide direction relative to the City's continuing participation in the Cove Communities Joint Contract for Firefighting and Paramedic Services -- if the answer is to continue to provide service to a joint contract, then select a level of service and funding formula; OR 2) direct staff to negotiate a stand-alone contract for Firefighting and Paramedic Services with the County of Riverside -- select the level of service desired. Action: H. CONSIDERATION OF RESPONSE TO CITY COUNCIL DIRECTIVE TO INVESTIGATE PARKING SHORTAGE AT LENNON PLACE AND ECLECTIC STREET. Rec: By Minute Motion, that neither angled parking nor parking time limits be established at Lennon Place and Eclectic Street. Action: 16 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 I. REQUEST FOR APPROVAL OF THE TRANSFER OF THE DISPOSITION DEVELOPMENT AGREEMENT AND ITS AMENDMENTS, AND THE DEVELOPMENT AGREEMENT FROM INTRAWEST RESORT OWNERSHIP CORPORATION TO ITS PARENT COMPANY, INTRAWEST CORPORATION (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion, approve the transfer of the Disposition Development Agreement and its amendments, and the Development Agreement from Intrawest Resort Ownership Corporation to its parent company, Intrawest Corporation, and authorize the City and Agency to execute the agreements authorizing said transfer. Action: J. REQUEST FOR APPROVAL OF PAYMENT FOR ALL OR A PART OF THE VALUE OF THE LAND FOR AND THE COST OF THE INSTALLATION AND CONSTRUCTION OF CERTAIN IMPROVEMENTS TO FRED WARING DRIVE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: Waive further reading and adopt: 1) City Council Resolution No. 04-40, approving payment by the Palm Desert Redevelopment Agency for all or a part of the value of the land for and the cost of the installation and construction of certain improvements to Fred Waring Drive; 2) Redevelopment Agency Resolution No. 491, authorizing payment by the Palm Desert Redevelopment Agency for all or a part of the value of the land for and the cost of the installation and construction of certain improvements to Fred Waring Drive. Action: XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF ENERGY CONSERVATION AND CO- GENERATION PROJECT FOR THE CIVIC CENTER AS PROPOSED BY NORESCO (Continued from the meetings of March 25, and April 8, 2004). Rec: Please see Item XII - B, Resolution No. 04-35, which supersedes this matter. Action: 17 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 1 (CONTRACT NO. C22230). Rec: By Minute Motion, award the subject contract to Garza Landscaping, Inc., Indio, California, in the amount of $94,560 and authorize the Mayor to execute same -- funds are available for this program in Account No. 110-4611-453-3370. Action: B. REQUEST FOR AWARD OF CONTRACT FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 2 (CONTRACT NO. C22440). Rec: By Minute Motion, award the subject contract to Garza Landscaping, Inc., Indio, California, in the amount of $115,860 and authorize the Mayor to execute same -- funds are available in Account No. 110-4611-453-3370. Action: C. REQUEST FOR AWARD OF CONTRACT FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 3 (CONTRACT NO. C22240). Rec: By Minute Motion, award the subject contract to Garza Landscaping, Inc., Indio, California, in the amount of $98,400 and authorize the Mayor to execute same -- funds are available in Account No. 110-4611-453-3320. Action: D. REQUEST FOR AWARD OF CONTRACT FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 6 (CONTRACT NO. C22250). Rec: By Minute Motion, award the subject contract to Garza Landscaping, Inc., Indio, California, in the amount of $88,680 and authorize the Mayor to execute same -- funds are available in Account No. 241-4195-495-3320. Action: 18 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 XVII. PUBLIC HEARINGS A. CONSIDERATION OF THE RESULTS OF THE PROPERTY OWNER BALLOTING FOR INCREASED ASSESSMENTS FOR CERTAIN ZONES WITHIN THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT (Continued from the meeting of April 22, 2004). Rec: Waive further reading and adopt Resolution No. 04-41, declaring the results of the property owner protest proceeding for certain zones within the Palm Desert Consolidated Landscaping and Lighting District. Action: B. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM PR-5 (PLANNED RESIDENTIAL, FIVE UNITS PER ACRE) TO PR-13 (PLANNED RESIDENTIAL, 13 UNITS PER ACRE), A PRECISE PLAN/CONDITIONAL USE PERMIT AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO FOR 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 (IDENFIED 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) (Continued from the meeting of April 8, 2004). Rec: Waive further reading and: 1) Pass Ordinance No. 1065 to second reading, relating to C/Z 03-04. 2) Adopt resolution No. 04-24, approving TT 31363 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. 3) Pass Ordinance No. 1066 to second reading, relating to Housing Agreement (DA 03-02). Action: 19 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 C. 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 94 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). 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: D. 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). 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: 20 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 E. REQUEST FOR APPROVAL OF ADDENDUM #2 TO THE WONDER PALMS MASTER PLAN TO EXPAND PERMITTED USES IN PLANNING AREA 1 TO INCLUDE PLANNED INDUSTRIAL USES, A MASTER PLAN FOR PLANNING AREA 1, A TENTATIVE PARCEL MAP FOR A 21.86-ACRE COMMERCIAL/OFFICE/INDUSTRIAL PROJECT, A PRECISE PLAN FOR FIVE (5) TWO-STORY BUILDINGS TOTALING 166,000 SQUARE FEET ON 10.59 ACRES OF THE SITE, AND A HEIGHT EXCEPTION FOR MECHANICAL EQUIPMENT SCREENING PURPOSES -- THE SITE MASTER PLAN INCLUDES 236,450 SQUARE FEET OF COMMERCIAL/OFFICE/INDUSTRIAL, 14,750 SQUARE FEET OF RESTAURANTS (INCLUDING TWO DRIVE-THRUS), AND A THREE-STORY HOTEL WITH UP TO 104 ROOMS -- PROJECT HAS BEEN PREVIOUSLY ADDRESSED FOR PURPOSES OF CEQA, AND IS GENERALLY LOCATED AT THE NORTHEAST CORNER OF COOK STREET AND GERALD FORD DRIVE (APNs 653-410-023 through -025, and 653-690-015 through -19) Case Nos. DA 97-2 Addendum #2, TPM 31563, and PP 04-05 (Holt Architects, Applicant). Rec: Waive further reading and: 1) Pass Ordinance No. 1069 to second reading, relating to DA 97-2 Addendum #2; 2) adopt Resolution No. 04-44, approving TPM 31563 and PP 04-05, subject to conditions. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 21 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Request for Approval of Expenditure to Friends of the Desert Mountains (Mayor Pro Tem Buford Crites/ Councilmember Jean Benson). Action: o City Council Committee Reports: o City Council Comments: o XIX. ADJOURNMENT 22 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 2004 FUTURE MEETINGS: May 17, 2004 3:00 p.m. Citizens’ Advisory Cmte.-Proj. Area No. 4 Administrative Services Conference Room May 18, 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 May 19, 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 May 20, 2004 3:00 p.m. Sister Cities Committee Administrative Services Conference Room May 25, 2004 12:00 p.m. Architectural Review Commission Community Services Conference Room May 26, 2004 10:30 a.m. Investment & Finance Committee North Wing Conference Room May 27, 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 7 day of May, 2004. Rachelle D. Klassen, City Clerk 23