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Home My WebLink About2005-04-14 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 14, 2005 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. 217, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson Property Owner: City of Palm Desert Other Parties: Joe B. McMillin Under Negotiation: x Price x Terms of Payment 2) Right-of-way Acquisition (APNs 624-250-082, 624-250-083) Negotiating Parties: Agency: Carlos L. Ortega/Michael J. Errante, Mark D. Greenwood/City of Palm Desert Property Owner: Valley Palms Homeowners Association Other Parties: Under Negotiation: x Price x Terms of Payment POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005 Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 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 - Member Robert A. Spiegel - with Presentation of the Colors to be led by Palm Desert Cub Scout Pack No. 131 VII. INVOCATION - Vice Chairman Jim Ferguson 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 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 24, 2005 Rec: Approve as presented B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 193, 194, 198, 202, 203, 204, and 207. Rec: Approve as presented. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005 C. CLAIM AGAINST THE CITY (#547) by Artistic Entertainment Services, LLC, dba Festival Artists Worldwide, in the Amount of $71,500. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CITY'S/AGENCY'S COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of February 2005 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by George Zakkour and Haitham Zakkour for Country Club Liquors, 74-495 Highway 111, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jane Boonsuck Chun and Shuzo Nagai for Clubhouse Liquor and Deli, 73-510 Palm Desert Drive, Palm Desert. Rec: Receive and file. G. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Meeting of February 16, 2005. H. 2. Historic Preservation Committee Meetings of January 31, and February 28, 2005. I. 3. Investment & Finance Committee Meeting of February 23, 2005. J. 4. Marketing Committee Meeting of February 15, 2005. K. 5. Public Safety Commission Meeting of January 12, 2005. L. 6. Sister Cities Committee Meeting of February 17, 2005. Rec: Receive and file. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005 H. RESOLUTION NO. 05-29 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Paper Files from the Department of Building & Safety that Have Been Digitally Imaged (December 2004). Rec: Waive further reading and adopt. I. 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, 2005 (Contract No. C20183) (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, approve the subject contract with Lance, Soll & Lunghard, LLP, Brea, California, 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, 2005. J. REQUEST FOR AWARD OF CONTRACT for Recycling Consulting Services for the City of Palm Desert (Contract No. C21740). Rec: By Minute Motion: 1) Award the subject contract to Huls Environmental Management, Inc., Covina, California, in the amount of $20,600; 2) authorize the expenditure of $20,600 and appropriation of funds from Account No. 236-4195-454-3090; 3) appropriate a contingency for the project in the amount of $2,260; 4) authorize the Mayor to sign said contract. K. REQUEST FOR AWARD OF CONTRACT for Citywide Palm Tree Pruning Program (Contract No. C23540, Project No. 931-XX). Rec: By Minute Motion: 1) Award the subject contract to Andy's Tree Service and Gardening, Palm Desert, California, in the amount of $44,600; 2) authorize a 10% contingency for the project in the amount of $4,460 -- funds are available in various Public Works Maintenance and Housing Authority 2005 Facility Budgets. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005 L. REQUEST FOR AUTHORIZATION to Enter Into Agreement with City of Rancho Mirage for Slurry Seal and Striping on Monterey Avenue (Contract No. C23660). Rec: By Minute Motion, authorize the Mayor to execute the subject agreement with the City of Rancho Mirage for slurry seal and striping on Monterey Avenue from Gran Via to 100 feet south of Sagewood Drive. M. REQUEST FOR AUTHORIZATION to Purchase Compressed Natural Gas (CNG) Vehicle Fuel. Rec: By Minute Motion, authorize the purchase of compressed natural gas (CNG) for fleet vehicles from Clean Energy, Seal Beach, California -- purchase will be ongoing annually until other sources become available -- funds are budgeted in Account No. 110-4331- 413-2170. N. REQUEST FOR APPROVAL of Title and Escrow Services for 2005 Capital Improvement Projects. Rec: By Minute Motion, approve the use of Land America Southland Title, Palm Desert, California, for title and escrow needs in conjunction with Capital Improvement Projects for 2005. O. REQUEST FOR RATIFICATION of City Manager's Authorization of Change Order No. 1 to Contract No. R21620 -- Design of Freedom Park Rec: By Minute Motion, ratify the City Manager's approval of Change Order No. 1 in the amount of $15,700 plus $500 for reimbursables to the subject contract with David Evans and Associates, Inc., Ontario, California, for design of a Leach Field at Freedom Park -- funds are available in Drainage Account No. 420-4291-433-4001. P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22760 -- Construction of the Soundwall in Conjunction with the Fred Waring Drive Widening Phase I Project (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. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005 Q. CONSIDERATION of Action by the Legislative Review Committee -- AB 267 (Daucher) -- Transportation. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 22, 2005, and direct staff to prepare a letter of support for the Mayor's signature regarding AB 267 (Daucher). R. CONSIDERATION of Action by the Legislative Review Committee -- AB 850 (Canciamilla) -- Toll Roads. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 22, 2005, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 850 (Canciamilla). S. CONSIDERATION of Action by the Legislative Review Committee -- AB 921 (Daucher) -- Redevelopment Agencies. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 22, 2005, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 921 (Daucher). T. CONSIDERATION of Action by the Legislative Review Committee -- AB 1013 (Garcia) -- Locally Elected Officials. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 22, 2005, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1013 (Garcia). U. CONSIDERATION of Action by the Legislative Review Committee -- AB 1192 (Villines) -- Public Works. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 22, 2005, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 1192 (Villines). POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005 V. CONSIDERATION of Action by the Legislative Review Committee -- AB 1234 (Salinas) -- Local Agencies' Compensation and Ethics. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 22, 2005, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1234 (Salinas). W. CONSIDERATION of Action by the Legislative Review Committee -- SB 321 (Morrow) -- Development Fees. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 22, 2005, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 321 (Morrow). X. CONSIDERATION of Action by the Legislative Review Committee -- SB 326 (Dunn) -- Housing. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 22, 2005, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 326 (Dunn). Y. CONSIDERATION of Action by the Legislative Review Committee -- SB 565 (Migden) -- Low-income Housing. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 22, 2005, and direct staff to prepare a letter of support for the Mayor's signature with regard to SB 565 (Migden). Z. CONSIDERATION of Action by the Legislative Review Committee -- SB 575 (Torlakson, Ducheny, Dunn) -- Local Planning. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 22, 2005, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 575 (Torlakson, Ducheny, Dunn). POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005 AA. CONSIDERATION of Action by the Legislative Review Committee -- SB 1060 (Campbell) -- Exchanging Local Sales and Use Tax. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 22, 2005, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 1060 (Campbell). BB. REQUEST FOR APPROVAL of 2005 "Summer of Fun" Schedule Addition. Rec: By Minute Motion, approve Contract No. 23510J with CTC Music in the amount of $1,600 and authorize the Mayor to execute the corresponding Performing Arts Contract -- funds are available in Account No. 110-4416-414-3061 and no appropriation is needed or requested. CC. REQUEST FOR APPROVAL of Out-of-State Travel for the Food and Wine Classic in Aspen Program. Rec: By Minute Motion, approve the subject out-of-state travel for Palm Desert's Marketing Manager, Public Art Coordinator, Senior Management Analyst/Community Services, and a Member of the Marketing Committee to attend the 2005 Food and Wine Classic in Aspen, Colorado, June 10-12, 2005 -- funds are available in the FY 2004/05 Budget in Account Nos. 110-4110-410-3121, 110-4417- 414-3120, 110-4416-414-3061, and 436-4650-454-3120 to cover registration, airfare, accommodations, and other incidental expenses associated with attendance at this event, and no appropriation is needed or requested. DD. REQUEST FOR APPROVAL of Out-of-State Travel for Meetings with the Southern Nevada Water Authority. Rec: By Minute Motion, authorize the subject out-of-state travel to Las Vegas, Nevada, for the Landscape Manager and the Development Services Senior Management Analyst to meet with officials from the Southern Nevada Water Authority (SNWA) regarding their water conservation and water efficient landscape conversion rebate programs -- funds are available in Account Nos. 110-4260-422- 3120 and 110-4300-413-3120. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005 EE. REQUEST FOR APPROVAL of Out-of-State Travel for Western Chapter International Society of Arboriculture 2005 Annual Conference. Rec: By Minute Motion, approve the subject out-of-state travel to Phoenix, Arizona, May 1-4, 2005, for the Landscape Manager -- funds are available in Account No. 110-4614-453-3125. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 05-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING AN EXTENSION OF THE MAXIMUM HOURS (960) OF EMPLOYMENT AFTER RETIREMENT FOR THE INTERIM DIRECTOR OF HUMAN RESOURCES PURSUANT TO GOVERNMENT CODE SECTION 21221(h). Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1094 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE TITLE 8, CHAPTERS 8.16 AND 8.17, AUTHORIZING THE MANDATORY AUTOMATED COLLECTION OF SOLID WASTE, RECYCLING, AND GREENWASTE FOR ALL RESIDENTIAL UNITS. Rec: Waive further reading and pass to second reading. Action: B. ORDINANCE NO. 1095 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.38 OF THE PALM DESERT MUNICIPAL CODE BY ADDING SECTION 2.38.030 RELATIVE TO MUNICIPAL ELECTIONS/SELECTION OF CITY OFFICERS. Rec: Waive further reading and pass to second reading. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005 Action: For Adoption: A. ORDINANCE NO. 1069 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT 97-2, EXPANDING PERMITTED USES TO INCLUDE PLANNED INDUSTRIAL USES IN PLANNING AREA #1 OF THE WONDER PALMS MASTER PLAN (Holt Architects, Applicant). Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. CONSIDERATION OF CALTRANS' REQUEST FOR CLOSURE OF THRUSH ROAD AT HIGHWAY 74. Rec: By Minute Motion, direct staff to the appropriate course of action: 1) Decline Caltrans' request for closure of Thrush Road; 2) direct staff to prepare a resolution establishing the date, time, and place for a public hearing for closure of Thrush Road. Action: B. REQUEST FOR APPROPRIATION OF FUNDS AND AUTHORIZATION OF PAYMENT TO RIVERSIDE COUNTY FOR A 50% SHARE OF SURPLUS PROCEEDS FROM THE SALE OF JOINTLY-OWNED PROPERTY LOCATED NEAR MIRIAM WAY (APN 618-490-025). Rec: By Minute Motion: 1) Appropriate $187,000 from the Capital Project Reserve (Account No. 400-4950-419-4010); 2) authorize payment in an amount up to $186,089.93 to Riverside County as a 50% share of surplus proceeds from the sale of property commonly known as APN 618-490-025, which was jointly owned by the City and County. Action: C. REQUEST FOR AUTHORIZATION TO SUBMIT THE HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD. Rec: 1) By Minute Motion, authorize submittal of the Household Hazardous Waste Grant Application for FY 2005/06. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005 2) Waive further reading and adopt Resolution No. 05-31, authorizing Used Oil and Household Hazardous Waste Grant Applications to the California Integrated Waste Management Board. 3) By Minute Motion, appropriate $568,220 from Account No. 236-4195- 454-3090. Action: D. REQUEST FOR RATIFICATION OF DESIGN AGREEMENT FOR THE AESTHETIC TREATMENT OF THE FRED WARING DRIVE SOUNDWALL AND APPROVAL FOR CONCEPTUAL DESIGN (CONTRACT NO. C23670, PROJECT NO. 654-01). Rec: By Minute Motion: 1) Ratify the subject design agreement with David Volz Design, La Quinta, California, in the amount of $10,000; 2) authorize a 10% contingency for the services; 3) approve the conceptual design for the soundwall. Action: XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF A WORKERS' COMPENSATION SETTLEMENT POLICY AND WORKERS' COMPENSATION CASE SETTLEMENT COMMITTEE. Rec: By Minute Motion: 1) Approve the Workers' Compensation Settlement Policy; 2) direct the City Manager to implement same. Action: XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF PARCEL MAP NO. 31563 (Holt Architects and Coachella Valley Engineers, Applicants). Rec: Waive further reading and adopt Resolution No. 05-15, approving the Subdivision Map of Parcel Map 31563 and the agreement relating thereto. Action: B. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE INSTALLATION SERVICES FOR THE MAGNESIA FALLS DRIVE STREET IMPROVEMENTS PROJECT (CONTRACT NO. C21040A). POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005 Rec: By Minute Motion: 1) Award the subject contract to Steven Burt and Associates, Bermuda Dunes, California, in the amount of $396,451.83; 2) authorize a 10% contingency for the project in the amount of $39,654.18; 3) authorize the Mayor to execute said contract. Action: XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE PORTOLA BRIDGE OVER THE WHITEWATER CHANNEL PROJECT (NO. 647-04). Rec: By Minute Motion, continue the public hearing to the meeting of April 28, 2005. Action: B. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, APPROVING A REQUEST BY DESTINATION DEVELOPMENT CORP. FOR APPROVAL OF AMENDMENT NO. 2 TO TENTATIVE TRACT MAP 30438 (STONE EAGLE) TO ADJUST THE APPROVED PAD ELEVATIONS ON CERTAIN LOTS SHOWN ON THE TENTATIVE TRACT MAP, INCLUDING, BUT NOT LIMITED TO, CERTAIN RESIDENTIAL LOTS AND THE GOLF MAINTENANCE FACILITY (APNs 652-020-001 through -004, and 652-070-002 through - 004, and -006 through -010) Case No. TT 30438 Amendment No. 2 (Destination Development Corporation, Applicant) (Antoinette Carver, Appellant). Rec: By Minute Motion, deny the appeal of the Planning Commission decision relating to TT 30438 Amendment No. 2 and affirm the Planning Commission's approval and conditions. Action: C. CONSIDERATION OF THE APPROVAL OF A ZONING ORDINANCE AMENDMENT AS IT RELATES TO WALL HEIGHTS, MATERIALS, COLORS, AND LOCATIONS IN THE R-1, R-2, R-3, AND PR ZONED DISTRICTS Case No. ZOA 04-04 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1091A to second reading, amending Palm Desert Municipal Code Section 25.56.195. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005 D. REQUEST FOR APPROVAL OF THE REPROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) FROM FOOD IN NEED OF DISTRIBUTION. Rec: By Minute Motion, approve reprogramming of CDBG funds in the amount of $188,435, which were previously awarded to Food In Need of Distribution (FIND), to the following organizations: 1) Joslyn Cove Senior Center - $80,000; 2) Catalina Garden Senior Community Room (RDA) - $8,435; 3) Episcopal Community Services (ECS) (Navajo Trails Project - Emergency Shelter) - $75,000; 4) ABC Center - $25,000. 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 Consideration of a Process for Responding to Letters Addressed to the City Council (Councilman Richard S. Kelly). o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: April 18, 2005 3:00 p.m. Citizens’ Adv. Cmte.-Proj.Area #4 Administrative Conference Room April 19, 2005 2:00 p.m. Marketing Committee Administrative Conference Room POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005 6:00 p.m. Planning Commission Civic Center Council Chamber April 20, 2005 3:00 p.m. Library Promotion Committee Administrative Conference Room April 21, 2005 3:00 p.m. Sister Cities Committee Administrative Conference Room April 25, 2005 10:00 a.m. Historic Preservation Committee Administrative Conference Room April 26, 2005 12:00 p.m. Architectural Review Commission Community Services Conf. Room April 27, 2005 8:30 a.m. Art In Public Places Commission (Adjourned from April 20) Administrative Conference Room 10:30 a.m. Investment & Finance Committee North Wing Conference Room April 28, 2005 3:00 p.m. Regular City Council/RDA Mtgs. 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 8th day of April, 2005. Rachelle D. Klassen, City Clerk