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Home My WebLink About2004-11-18 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 18, 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: 44-491 Portola Avenue (APN 627-164-012) Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/Palm Desert Redevelopment Agency Property Owner: Robert A. Ford/Ford Properties Other Parties: 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 Palm Desert, et al. v. Joseph F. Putrino, et al., Riverside County Superior Court Case No. INC 044949 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 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 Pro Tem Buford A. Crites VII. INVOCATION – Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Redevelopment Agency, Financing Authority, 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, Financing Authority, or Housing Authority Boards. Because the Brown Act does not allow the City Council, Redevelopment Agency, Financing Authority, 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, Financing Authority, or Housing Authority meeting. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE MANNY REYES FOR HIS SERVICE TO THE CITY OF PALM DESERT AND PALM DESERT REDEVELOPMENT AGENCY AS A MEMBER OF THE HOUSING COMMISSION Action: B. PRESENTATION TO THE "FLEX YOU POWER NOW!" POSTER CONTEST WINNERS. 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. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 A. MINUTES of the Regular City Council Meeting of October 28, 2004 Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Warrant Nos. 88,89, 93, and 97. Rec: Approve as presented C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Marsha Belsky Yousef and Sobhy Gerges Yousef for Palm Desert Shell, 72-920 Avenue of the States, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mamacita's Restaurant, Inc., for Mamacita's Mexican Grill, 72-286 Highway 111, Suite #J5, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Silvia Lucila Ortega and Ubaldo Ortega for Pepe's, 73-091 Country Club Srive, Suite #s A5 & A6, Palm Desert. Rec: Receive and file. F. MINUTES of City Committee and Commission Meetings. 1. Art In Public Places Commission Meeting of September 15, 2004. 2. Historic Preservation Committee Meeting of September 27, 2004. 3. Investment & Finance Committee Meeting of September 22, 2004. 4. Marketing Committee Meeting of September 21, 2004. 5. Sister Cities Committee Meeting of September 16, 2004. Rec: Receive and file. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 G. REQUEST FOR ACCEPTANCE of Proposal by Quality Code Publishing To Provide Codification Services for the Palm Desert Municipal Code (Contract No. C23170). Rec: By Minute Motion: 1) Accept the proposal by and approve of services to be provided by Quality Code Publishing, Seattle, Washington, for codification and supplement service to the Palm Desert Municipal Code, and authorize the Mayor to execute same; 2) authorize termination of the City of Palm Desert's relationship with LexisNexis for Municipal Code Supplement Services effective immediately, and website hosting to be terminated December 31, 2004 - funds for Municipal Code Supplement Services have already been allocated in the FY 2004/05 Budget, Account No. 110-4111- 410-3090, and no additional appropriation is required for this purpose. H. REQUEST FOR APPROVAL of the Sixth Amendment to the Lease Agreement with Desert Sands Unified School District for the Palm Desert Community Park at Palm Desert Middle School (Contract No. C16976). Rec: By Minute Motion, authorize the Mayor to execute the subject Sixth Amendment to Lease Agreement with Desert Sands Unified School Districe. I. REQUEST FOR APPROVAL of Change Order No. 3 to Contract No. C20851 - Consolidated Landscape Maintenance Area No. 7. Rec: By Minute Motion, accept the proposal by and apporve Change Order No.3 to the subject contract with Garza Landscaping, Inc., Indio, California, in the amount of $122.40 per month for landscape maintenance services for Sundance West Landscaping and Lighting Assessment District, and authorize the Mayor to execute said Change Order. J. REQUEST FOR APPROVAL of Change Order No.1 to Contract No. C22370C - Computerized Irrigation Program for the Desert Willow Golf Resort. Rec: By Minute Motion: 1) Approve Change Order No.1 in the amount of $19,500 plus sales tax to the subject contract with Flowtronex PSI, Inc., Riverside, California; 2) authorize Mayor to execute same; 3) authorize the Director of Finance to appropriate $21,011.25 from Unobbligated Funds for this purpose - funds are available in Account No. 241-4195-495-8092. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 K. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C22440 - Consolidated Landscape Maintenance Area No. 2. Rec: By Minute Motion, accept the proposal by and approve Change Order No. 2 to the subject contract with Garza Landscaping, Inc., Indio, California, in the amount of $80 per month for landscape maintenance services for the Charger sculpture landscape area, and authorize the Mayor to execute said Change Order. L. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C22440 - Consolidated Landscape Maintenance Area No. 2 Rec: By Minute Motion, accept the proposal by and apporve Change Order No. 2 to the subject contract with Garza Landscaping, Inc., Indio, California, in the amount of $400 per month for landscape maintenance services for the medians and parkways on Portola Avenue between San Marino Circle and El Cortez Way, and authorize the Mayor to execute said Change Order. M. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C22860 - Consolidated Landscape Maintenance Area No. 4. Rec: By Minute Motion, accept the proposal by and approve the Change Order No. 1 to the subject contract with Steven Burt & Associates, Bermuda Dunes, California, in the amount of $65 per month for landscape maintenance services on the median on Hovley Lane East, east of Kansas Street, and authorize the Mayor to execute said Change Order. N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C21900 - Traffic Signal Installation at Hovley Lane East and Oasis Club Drive (610(T)-02) (Sierra Pacific Electrical Contracting, 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. O. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22620 - 2004 Curb, Gutter, and Cross Gutter Repair Program (Project no. 753-04) (NPG Corporation, Perris, CA). POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Complettion for the subject project. P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22750 - Citywide Striping Program (Project No. 564-04) (C-18, Beaumont, 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. Q. REQUEST FOR AUTHORIZATION to Release Improvement Security for Parcel Map No. 24255 and Accept 10% Maintenance Bond and a Separate Security for the Construction of a Concrete Sidewalk (Monterey 170, LLC, c/o Thomas S. Noble, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security for Parcel Map No. 24255 and accept the 10% Maintenance Bond, and a Separate Security for construction of a concrete sidewalk. R. REQUEST FOR APPROVAL of Final Parcel Map No. 30342 (SGH Partners, L.P., Applicant). Rec: Waive futher reading and adopt Resolution No. 04-119, approving the Final Subdivision Map of Parcel Map No. 30342 and approving the agreement relating thereto. S. REQUEST FOR APPROVAL of Final Parcel Map No. 30502 (Monterey 170, LLC, c/o Bill Carver, Applicant). Rec: Waive futher reading and adopt Resolution No. 04-120, approving the Final Subdivision Map of Parcel Map No. 30502 and approving the sgreement relating thereto. T. REQUEST FOR APPROVAL of the Possession and Consuption of Wine in Connection with Upcoming North Wing Gallery Receptions. Rec: By Minute Motion, permit the possession and serving of wine in connection with the opening receptions to be held in the North Wing Gallery on December 14, 2004, for the Helene Berman and J. Keith Stone Exhibition, and on February 15, 2005, for the Art of Surviving Cancer Exhibition. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 U. CONSIDERATION of Request for Contribution to the Coachella Valley Tournament of Roses Parade Float. Rec: By Minute Motion, authorize a $5,000 contribution to sponsor the Coachella Valley's Float in the 2005 Tournament of Roses Parade. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONSOLIDATING AND AMENDING CHAPTER 9.24 IN SECTIONS 9.24.060 (H) AND (K), AND 9.24.075 (A) OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO NOISE CONTROL. Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CIVIC CENTER PARK MISTING SYSTEMS (CONTRACT NO. C23160). Rec: By Minute Motion: 1) Award the subject contract to Microcool Outdoor Cooling Systems, Inc., Thousand Palms, California, in the amount of $50,873.60 and appropriate funds from Parks and Recreation Fund No. 430, and authorize the Mayor to execute said contract; 2) authorize a 15% contigencty for the project in the amount of $7,631.04. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 B. REQUEST FOR APPROVAL OF A ONE-YEAR CONTRACT FOR INTERACTIVE MARKETING AND WEBSITE CONSULTANT (CONTRACT NO. C23180). Rec: By Minute Motion: 1) Approve staff's recommendation and authorize the Mayor to execute the subject one-year contract with Kimberly Shannon, Tempe, Arizona; 2) appropriate $66,000 to the Information Systems Budget, Account No. 110-4190-415-3091, for this purpose. Action: C. REQUEST FOR APPROVAL OF THE OPERATION AND MAINTENANCE AGREEMENT FOR THE PALM DESERT COUNTRY CLUB GOLF COURSE AND ASSOCIATED IMPROVEMENTS (CONTRACT NO. C23190). Rec: By Minute Motion, approve the proposed Operation and Maintenance Agreement with PDCC Golf Course Operations, LLC, and authorize the Mayor to execute same. Action: D. INTRODUCTION OF ORDINANCES FOR EXTENDING REDEVELOPMENT PLANS FOR PROJECT AREA NOS. 1, 2, 3, AND 4, PURSUANT TO SB1045. Rec: Waive further reading and pass to second reading: 1) Ordinance No. 1082 - amending certain time limitations with respect to the Redevelopment Plan for Project Area No. 1, As Amended, pursuant to Health and Safety Code Section 33333.6 2) Ordinance No. 1083 - amending certain time limitations with respect to the Redevelopment Plan for Project Area No. 2, As Amended, pursuant to Health and Safety Code Section 33333.6 3) Ordinance No. 1084 - amending certain time limitations with respect to the Redevelopment Plan for Project Area No. 3, As Amended, pursuant to Health and Safety Code Section 33333.6 4) Ordinance No. 1085 - amending certain time limitations with respect to the Redevelopment Plan for Project Area No. 4, As Amended, pursuant to Health and Safety Code Section 33333.6 Action: E. REQUEST FOR APPROVAL OF DEPOSIT AND REIMBURSEMENT AGREEMENT WITH PONDEROSA HOMES II, INC., FOR COSTS POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 ASSOCIATED WITH THE FORMATION OF AN ASSESSMENT DISTRICT (CONTRACT NO. C23200). Rec: By Minute Motion, approve the subject Deposit and Reimbursement Agreement between Ponderosa Homes II, Inc., and the City of Palm Desert. Action: F. REPORT ON RESIDENTS' CONCERN FOR NOISE MITIGATION IN THE AREA OF REGENCY PALMS ESTATES, REGENCY ESTATES, AND PALM VALLEY COUNTRY CLUB. Rec: By Minute Motion, continue to the meeting of December 9, 2004, in order for staff to continue performing the necessary research. Action: XV. CONTINUED BUSINESS A. ORDINANCE NO. 1072 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING AND REPLACING ITS ORDINANCE NO. 855, AND ESTABLISHING A NEW PERSONNEL SYSTEM AS CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE (Continued from the meetings of August 26, September 23, October 14, and October 28, 2004). Rec: Waive further reading and adopt. Action: B. REQUEST FOR APPROVAL OF FINANCIAL ASSISTANCE FOR FACADE IMPROVEMENTS TO A RETIAL BUILDING KNOWN AS THE MANHATTAN BAGEL BUILDING LOCATED AT 73-845 HIGHWAY 111, PALM DESERT (James A. and Miriam Diamond Chester, Applicants) (Continued from the meetings of October 14, and October 28, 2004). Rec: By Minute Motion, approve the recommendation for assistance form the Facade Enhancement Program in the amount of $70,000 for facade improvements to the front and rear of the subject commercial building. Action: C. UPDATE ON LENNON PLACE/ECLECTIC STREET PARKING ( Continued from the meeting of October 28, 2004). Rec: By Minute Motion, continue to the meeting of December 9, 2004. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 Action: XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. CONSIDERATION OF THE APPROVAL OF A GENERAL PLAN AMENDMENT AND A CHANGE OF ZONE FROM LOW DENSITY RESIDENTIAL (R-1, 0 TO 4 DWELLING UNITS PER ACRE) TO OFFICE PROFESSIONAL (OP), AND A PRECISE PLAN OF DESIGN TO ALLOW TWO, ONE STORY PROFESSIONAL OFFICE BUILDINGS WITHA COMBINED FLOOR AREA OF 6,500 SQUARE FEET ON A 0.9-ACRE PROJECT SITE LOCATED AT THE SOUTHWEST CORNER OF COOK STREET AND SHERYL AVENUE Case Nos. GPA 04-01, C/Z 04-03, and PP 04-22 (William J. Worzack, Applicant) (Continued from the meetings on October 14, and October 28, 2004). Rec: By Minute Motion, continue matter to the meeting of December 9, 2004. Action: B. CONSIDERATION OF THE VACATION OF PUBLIC RIGHT-OF-WAY AT THE NORTHEAST CORNER OF FAIRHAVEN DRIVE AND ARBOLEDA AVENUE (Gerard Murphy, Applicant). Rec: Waive further reading and adopt Resolution No. 04-121, vacating the subject public right-of-way. Action: C. REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO CREATE 33 MASTER LOTS FOR FINANCING/RECONVEYANCE PURPOSES WITHIN THE PALM DESERT COUNTRY CLUB GOLF COURSE AREA Case No. TT 33195 (PDCC Developoment, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 04-122, approving Tentative Tract Map No. 33195, subject to conditions. Action: D. CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE, SECTION 25.58.310 (D), CLARIFYING THE OFF- POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES Case No. ZOA 04-02 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1086 to second reading, approving Case No. ZOA 04-02. Action: E. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE CHAPTER 25.34.030 (CONDITIONAL USES), TO ADD A PROVISION FOR OUTDOOR SALES OF ARTS, CRAFTS, CLOTHING, GOODS, WARES, AND OTHER MERCHANDISE Case No. ZOA 04-03 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1087 to second reading, approving Case No. ZOA 04-03. Action: 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: o City Council Committee Reports: o City Council Comments: 1. City Council Liaison Reports. XIX. ADJOURNMENT FUTURE MEETINGS: November 23, 2004 12:00 p.m. Architectural Review Commission Community Services Conference Room November 24, 2004 10:30 a.m. Investment & Finance Committee North Wing Conference Room POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 November 25, 2004 3:00 p.m. Regular City Council/RDA Meetings -CANCELED- Thanksgiving Day November 29, 2004 10:00 a.m. Historic Preservation Committee Administrative Conference Room December 7, 2004 2: 00 p.m. Technology Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber 6: 00 p.m. Youth Committee Administrative Conference Room December 8, 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 Conference Room December 9, 2004 3:00 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 not less than 72 hours prior to the meeting. Dated this 12th day of November, 2004. Rachelle D. Klassen, City Clerk