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HomeMy WebLinkAbout2004-05-27 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 27, 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 Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. Sohail Mull and Donna Meritt, Individually, and Doing Business As Tribal Touch Rugs and More, Riverside County Superior Court Case No. INC 041761 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 Jim Ferguson VII. INVOCATION - Councilman Richard S. Kelly POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 VIII. ORAL COMMUNICATIONS - B Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Redevelopment Agency, or Financing 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 Financing Authority Boards. Because the Brown Act does not allow the City Council, Redevelopment Agency, 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, or Financing Authority meeting. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF SERVICE AWARDS FOR CITIZENS ON PATROL (COPS) VOLUNTEERS. Action: B. PRESENTATION TO RECOGNIZE MARJORIE GOFFINEY FOR HER SERVICE TO THE CITY OF PALM DESERT AND THE PALM DESERT REDEVELOPMENT AGENCY AS A MEMBER OF THE CITZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO. 4. Action: C. PRESENTATION TO THE CITY COUNCIL BY STUDENTS FROM PALM DESERT MIDDLE SCHOOL AND THE AFTER SCHOOL PROGRAM. 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 May 13, 2004. Rec: By Minute Motion, continue to the meeting of June 10, 2004. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 221, 225, 226, 229, and 230. Rec: Approve as presented. C. MINUTES OF CITY COMMITTEE AND COMMISSION MEETINGS. 1. Housing Commission Meeting of April 14, 2004. 2. Public Safety Commission Meeting of April 14, 2004. Rec: Receive and file. D. LETTER OF RESIGNATION from Marjorie Goffiney -- Citizens' Advisory Committee for Project Area No. 4. Rec: Receive with very sincere regret. E. REQUEST FOR AUTHORIZATION to Contract for a Security System at the Desert Willow Golf Academy (Temporary Clubhouse Facility) and Maintenance Yard (Contract No. C22780). Rec: By Minute Motion, authorize: 1) Staff to negotiate a contract with SSD Systems, Inc., Palm Desert, California, in the amount of $20,454.10 to provide a security camera system at the Temporary Clubhouse Facility and Maintenance Yard; 2) appropriation of said funds from Account No. 241-4195-495-8092. F. REQUEST FOR AUTHORIZATION to Reject Bids Obtained for the Renovation of the Mesa View Fire Station - No. 67 (Contract No. C20580D). Rec: By Minute Motion: 1) Reject all bids for the addition to and remodel of the Mesa View Fire Station - No. 67; 2) direct staff to work with Urrutia Architects and the California Department of Forestry and Fire Protection (CDF) to redefine project scope; 3) upon redefining project scope, authorize the City Clerk to re-advertise the project for public bids. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 G. REQUEST FOR AWARD OF CONTRACT for Land Surveying Services for Capital Improvement Projects (Contract No. C22790). Rec: By Minute Motion, award the subject contract to RBF Consulting, Inc., Palm Desert, California, in the amount of $19,877 -- funds are available in various Capital Improvement Budget project accounts. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20910B -- Construction of the Street Improvements at Highway 111 and San Luis Rey (Project No. 635B-00) (Yeager Skanska, Inc., Riverside, 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. I. REQUEST FOR WAIVER of Drainage Fees for Tract 30438 (Stone Eagle Development, Applicant). Rec: By Minute Motion, approve the subject request and waive drainage fees associated with the Stone Eagle Development, Tract 30438. J. REQUEST FOR APPROVAL of Final Tract Map No. 30706 (Portola Pointe, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 04-45, approving the Final Subdivision Map of Tract No. 30706 and approving the Agreement relating thereto. K. REQUEST FOR APPROVAL of Final Tract Map No. 31377 (Centennial Homes, Applicant). Rec: Waive further reading and adopt Resolution No. 04-46, approving the Final Subdivision Map of Tract No. 31377 and approving the Agreement relating thereto. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 L. REQUEST FOR RATIFICATION of Staff's Submittal of the FY 2004/05 City/County Beverage Container Funding Request for the Civic Center Park Recycling Program. Rec: By Minute Motion: 1) Ratify staff's submittal of the subject City/County Funding Request for FY 2004/05 to the Department of Conservation in the amount of $12,187.00; 2) authorize the expenditure of funds in the amount of $21,911.75 towards the Civic Center Park Recycling Program from Account No. 236-4195-454-3090. M. REQUEST FOR AUTHORIZATION to Submit Application for the Used Oil Recycling Block Grant, FY 2004/05 (10th Cycle). Rec: By Minute Motion, authorize: 1) Assistant City Manager for Community Services Sheila R. Gilligan to sign and submit application for the Used Oil Recycling Block Grant, FY 2004/05 (10th Cycle); 2) appropriation and expenditure of funds in the amount of $13,322 from the Unobligated Recycling Fund, Account No. 236-4195-454-3090. N. REQUEST FOR APPROVAL of Out-of-State Travel for the Annual Americans for the Arts Convention Preconference "Civic Catalyst." Rec: By Minute Motion, approve out-of-state travel for the Public Art Coordinator to attend the subject Preconference for the 2004 Americans for the Arts Public Art Convention in Washington, D.C., July 14-17, 2004 -- funds are available in Account No. 436-4650-454-3120. O. INFORMATIONAL ITEMS: 1. Status of Improvements on Grapevine Street. 2. Report of Traffic Volumes on Magnesia Falls Drive. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1065 -- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM PR-5 TO PR-13 FOR 25 ± ACRES ON THE NORTH SIDE OF GERALD FORD DRIVE, 636 FEET EAST OF MONTEREY AVENUE Case No. C/Z 03-04 (Sares Regis Group c/o Greg Albert, Applicant). Rec: Waive further reading and adopt. Action: B. ORDINANCE NO. 1066 -- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AGREEMENT RELATING TO THE DEVELOPMENT AND ONGOING OPERATION OF A 320-UNIT APARTMENT/CONDOMINIUM PROJECT ON THE NORTH SIDE OF GERALD FORD DRIVE BETWEEN MONTEREY AVENUE AND PORTOLA AVENUE, 73-240 GERALD FORD DRIVE Case No. DA 03-02 (Sares Regis Group c/o Greg Albert, Applicant). Rec: Waive further reading and adopt. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE ANNUAL GRASS SEED PURCHASE. Rec: By Minute Motion, approve of the purchase of 314,800 pounds of grass seed from Simplot Partners, Palm Desert, California, in the amount of $252,403.84 (includes sales tax and shipping) -- funds are available in Account Nos. 110-4610-453-2190, 110-4611-453- 3370, and 110-4611-453-3371. Action: B. REQUEST FOR AWARD OF CONTRACT FOR THE 2004 RESURFACING PROJECT (CONTRACT NO. C22450, PROJECT NO. 752-04). Rec: By Minute Motion: 1) Award the subject contract to Granite Construction Company, Inc., Indio, California, in the amount of $2,226,203.00 -- funds are available in the Traffic Fund, Measure "A" funds, and the 2004 Resurfacing Fund; 2) authorize a 10% contingency for the contract in the amount of $222,620.30; 3) appropriate $75,000.00 Unobligated Measure "A" funds to Account No. 213-4342-433-4001 for the Highway 111 at San Pablo Avenue Median Improvement Project (No. 665-02); 4) appropriate $71,000.00 from Unobligated Measure "A" funds to Account No. 213-4613-433-4001 for the Monterey Avenue/Park View Drive (College of the Desert) Project (No. 665-02); 5) authorize the Mayor to execute said contract. Action: C. REQUEST FOR AWARD OF CONTRACT FOR THE 2004 CURB, GUTTER, AND CROSS GUTTER REPAIR PROGRAM (CONTRACT NO. 22620). Rec: By Minute Motion: 1) Award the subject contract to NPG Corporation, Perris, California, in the amount of $239,665.10 and authorize the Mayor to execute same; 2) authorize a 10% contingency of $23,966.51 for the project -- funds are available in various Curb and Gutter, Cross Gutter, and Sidewalk accounts. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 D. REQUEST FOR AWARD OF CONTRACT FOR PROJECT MANAGEMENT OF THE CORPORATION YARD EXPANSION (PROJECT NO. 715-00) AND THE IRRIGATION PUMP STATION AT CIVIC CENTER PARK (PROJECT NO. 720-01) (CONTRACT NO. 22800). Rec: By Minute Motion: 1) Award the subject contract to Harris & Associates, Irvine, California, in the amount of $169,000; 2) authorize a 10% contingency for the contract in the amount of $16,900; 3) authorize the Mayor to execute said contract -- funds are available in the Civic Center Well Site and Corporation Yard accounts. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE SAN GORGONIO SIDEWALK (CONTRACT NO. C21970, PROJECT NO. 692-03). Rec: By Minute Motion: 1) Award the subject contract to Contreras Construction Company, Indio, California, in the amount of $146,235.50; 2) authorize a 10% contingency for the project in the amount of $14,623.55; 3) authorize the Mayor to execute said contract -- funds are available in Account No. 400-4616-433-4001. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 B. REQUEST FOR AWARD OF CONTRACT FOR THE CONSTRUCTION OF INTERSECTION IMPROVEMENTS FOR AZTEC ROAD AT COOK STREET (CONTRACT NO. C22100, PROJECT NO. 602-02). Rec: By Minute Motion: 1) Award the subject contract to Granite Construction Company, Inc., Indio, California, in the amount of $538,777.00, contingent upon approval of the cost sharing Memorandum of Understanding between the City of Palm Desert and Desert Sands Unified School District, and authorize the Mayor to execute same thereafter; 2) authorize a 10% contingency for the project in the amount of $53,877.70; 3) establish shared cost amounts with Desert Sands Unified School District; 4) authorize staff to purchase the associated traffic signal equipment. Action: C. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE PORTOLA AVENUE SIDEWALK FROM MAGNESIA FALLS DRIVE TO QUICKSILVER DRIVE (CONTRACT NO. C22610). 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: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 D. REQUEST FOR DIRECTION RELATIVE TO THE PALM VALLEY CHANNEL ACCESS ROAD. Rec: By Minute Motion, direct staff to proceed in establishing a public roadway on the Palm Valley Channel Access Road, as follows: 1) Establish a public road from the northern boundary of Homme/Adams Park to the quarter Section boundary for Section 30 and 31, located south of Upper Way West; 2) establish a variable roadway width up to a maximum of 36 feet right-of-way width with a 20-foot paved section and 8-foot shoulders on each side of the roadway, minimizing relocation of utilities and native vegetation; 3) create a vehicle turn-around area at the northern boundary of Homme/Adams Park; 4) seek dedication of the roadway from the Coachella Valley Water District; 5) establish a street name for the roadway; 6) require developers to construct a fair share portion of the above-described improvements in conjunction with subdivision of any of the affected properties. 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-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 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 meeting of April 8, 2004). Rec: By Minute Motion, continue to the meeting of June 24, 2004. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 B. REQUEST FOR APPROVAL OF THE ONE-YEAR ACTION PLAN AND OUTSIDE AGENCY FUNDING COMMITTEE'S FY 2004/05 FUNDING RECOMMENDATIONS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Rec: By Minute Motion: 1) Approve Outside Agency Funding Committee's FY 2004/05 Funding Recommendations; 2) authorize the City Manager to sign One-Year Action Plan Certifications; 3) approve One-Year Action Plan; 4) authorize staff to submit Final Plans to the U. S. Department of Housing and Urban Development (HUD). Action: C. REQUEST FOR ADOPTION OF RESOLUTIONS IN CONNECTION WITH THE ISSUANCE AND SALE OF TAX ALLOCATION REFUNDING REVENUE BONDS (PROJECT AREA NO. 1, AS AMENDED), 2004 SERIES A, OF THE PALM DESERT FINANCING AUTHORITY (JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY). Rec: 1) Receive public testimony. 2) Waive further reading and adopt City Council Resolution No. 04-47, making finding of significant public benefit in connection with the issuance and sale of Tax Allocation Refunding Revenue Bonds (Project Area No. 1, As Amended), 2004 Series A, of the Palm Desert Financing Authority. 3) Waive further reading and adopt Financing Authority Resolution No. FA-49, acknowledging finding of significant public benefit in connection with the issuance and sale of the Authority's Tax Allocation Refunding Revenue Bonds (Project Area No. 1, As Amended), 2004 Series A, and approving the issuance, sale, and delivery of such bonds. Action: 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Reminder to Adjourn this Meeting to Friday, June 4, 2004, at 9:00 a.m. for the University Planning Committee Meeting to be held in the Administrative Services Conference Room. Action: D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Naming the Civic Center Date Grove in Honor of Former City Councilman/Mayor Walter H. Snyder (Mayor Pro Tem Buford A. Crites). Action: o City Council Committee Reports: o City Council Comments: 1. City Council Liaison Reports. XIX. ADJOURNMENT 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 2004 FUTURE MEETINGS: June 1, 2004 2:00 p.m. Technology 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 8, 2004 12:00 p.m. Architectural Review Commission Community Services Conference Room June 9, 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 June 10, 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 st not less than 72 hours prior to the meeting. Dated this 21 day of May, 2004. Rachelle D. Klassen, City Clerk 13