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Home My WebLink About2005-04-28 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 28, 2005 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. Van Alstine, Riverside County Superior Court Case No. INC 035579 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Public Employee Performance Evaluation pursuant to Government Code Section 54957: Titles of Positions: City Attorney City Manager V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson VII. INVOCATION - Councilman Richard S. Kelly POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 VIII. ORAL COMMUNICATIONS - B Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Redevelopment Agency, 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, or Housing Authority Boards. Because the Brown Act does not allow the City Council, Redevelopment Agency, 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, or Housing Authority meeting. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF MAY AS "NATIONAL MENTAL HEALTH MONTH 2005" IN THE CITY OF PALM DESERT. Action: B. PRESENTATION DECLARING APRIL 28 AS "COACHELLA VALLEY RECREATION & PARK DISTRICT - OUTSTANDING DISTRICT IN CALIFORNIA FOR 2005" DAY IN THE CITY OF PALM DESERT. Action: C. PRESENTATION OF AWARDS FOR DESERT SANDS UNIFIED SCHOOL DISTRICT'S RECYCLING ART COMPETITION. 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 April 14, 2005. Rec: Approve as presented. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 208, 209, 215, 216, 217, and 221. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Entrada del Paseo Steering Committee Meeting of February 9, 2005. Rec: Receive and file. D. REQUEST FOR AUTHORIZATION to Renew a Lease for an Electronic Securities Trading Terminal (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, authorize the City Treasurer to renew a lease with Bloomberg Services in 2005 for an electronic securities trading terminal. E. REQUEST FOR RATIFICATION of City/County Beverage Container Fund Request to the Department of Conservation. Rec: By Minute Motion: 1) Ratify staff's submittal of the City/County Fund Request Form for FY 2005/06 to the Department of Conservation in the amount of $12,247; 2) authorize expenditure of said funds towards the purchase of recycling/trash containers for City Parks from Account No. 236-4195-454-3090. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 F. REQUEST FOR APPROVAL of Agreements for Appraisal Services in Connection with the Formation of an Assessment District (Section 29). Rec: By Minute Motion: 1) Approve an agreement with Capital Realty Analysts, Palm Desert, California, for appraisal services in the amount of $40,000 for the property associated with the formation of the Section 29 Assessment District (Contract No. C23680A); 2) approve an agreement with Capital Realty Analysts, Palm Desert, California, in the amount of $4,500 for appraisal services for the property needed for a retention basin in the Section 29 Assessment District (Contract No. C23680B); 3) authorize the Mayor to execute said agreements -- funds are available in Account No. 610-0000-228-2100. G. REQUEST FOR APPROVAL of the Purchase of Aerator Equipment for Desert Willow Golf Resort. Rec: By Minute Motion: 1) Approve purchase of the PlanetAir Aerator Golf Course Equipment from Norman David PlanetAir, Riverside, California, in the amount of $28,200; 2) appropriate said funds from Fund 241 for this purchase. H. REQUEST FOR AWARD OF CONTRACT for Construction of Kitchen Utility Basin at Desert Willow (Contract No. C23690). Rec: By Minute Motion: 1) Authorize award of the subject contract to Cora Constructors, Inc., Palm Desert, California, in the amount of $34,000; 2) authorize the execution of same; 3) authorize the Director of Finance to set aside the amount of $3,400 as a 10% contingency for the project (use of contingency requires additional action) -- funds are available in Account No. 241-4195-495-8092. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 I. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. 22990 -- Highway 111 Median Landscaping from Town Center Way to Hospitality Row. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $12,897.84 to the subject contract with Marina Landscape, Inc., Anaheim, California, and authorize the Mayor to execute same; 2) authorize the transfer of said funds from contingency to base for the project. J. REQUEST FOR APPROVAL of 2005 "Summer of Fun" Schedule Amendment. Rec: By Minute Motion, approve Contract No. C23510K with Tall Man Productions in the amount of $6,000 and authorize the Mayor to execute same -- funds are available in Account No. 110-4416-414- 3061, and no appropriation is needed or requested. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 For Adoption: A. ORDINANCE NO. 1091A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE, CHAPTER 25.56.195, AS IT RELATES TO WALL HEIGHTS 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 adopt. 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 adopt. Action: XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL TO AN ORDER TO ABATE A PUBLIC NUISANCE FOR UNAPPROVED LIGHTING FROM 44-312 AND 44-330 SAN PABLO AVENUE Case Nos. 04-4551 and 04-4552 (Carl Wm. Kisner, Appellant). Rec: By Minute Motion, uphold the Order to Abate issued by Code Compliance that would require the removal of unapproved lighting from 44-312 and 44-330 San Pablo Avenue. Action: B. REQUEST FOR AWARD OF CONTRACT FOR THE CITY HALL LIGHTING RETROFIT PROJECT (CONTRACT NO. C23290B). Rec: By Minute Motion: 1) Award the subject contract to Positive Energy, Glendora, California, in the amount of $23,593.60, authorize a 10% contingency for the project in the amount of $2,359.36, and appropriate said funds from Fund 400; 2) authorize the Mayor to execute said contract. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 C. REQUEST FOR APPROVAL OF CONTRACT WITH THE CITY OF RANCHO MIRAGE FOR DESIGN AND CONSTRUCTION OF LANDSCAPED MEDIANS ON MONTEREY AVENUE FROM COUNTRY CLUB DRIVE TO HOVLEY LANE WEST (CONTRACT NO. C23700). Rec: By Minute Motion, authorize the Mayor to execute the subject contract with the City of Rancho Mirage -- funding for Palm Desert's portion is available in the Measure "A" Fund, Account No. 213- 4371-433-4001. Action: D. REQUEST FOR AUTHORIZATION TO TRANSFER FUNDS FROM MONUMENTATION DEPOSIT FUND AND AWARD A CONTRACT FOR MONUMENTATION AND DOCUMENTATION SERVICES. Rec: By Minute Motion: 1) Award a contract to Pacific Engineering & Associates, Palm Desert, California, in the amount of $40,000 to set survey monuments for nine recorded Tract and Parcel Maps and file the required documents with the City of Palm Desert and the County of Riverside, and authorize the Mayor to execute said contract (Contract No. C23710); 2) set aside the amount of $2,435 for contingency for this project; 3) authorize the transfer of funds in the amount of $42,435 from the named Tract and Parcel Maps and corresponding Trust Deposits to the Professional Services Account to fund the aforementioned contract, in accordance with Palm Desert Municipal Code Section 26.28.130. Action: E. REQUEST FOR AUTHORIZATION TO SELL 20.845 ACRES TO THE PALM DESERT REDEVELOPMENT AGENCY FOR THE DEVELOPMENT OF AFFORDABLE, SINGLE-FAMILY HOUSING. Rec: By Minute Motion: 1) Authorize the sale of 20.845 acres to the Redevelopment Agency for the fair market value price of $1,256,600; 2) authorize the Mayor to execute the Purchase and Sale Agreement (Contract No. R23720) and all other necessary documentation to facilitate the sale. Action: XV. CONTINUED BUSINESS None 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 XVI. OLD BUSINESS NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING: A. REQUEST FOR INTERPRETATION OF MITIGATION MEASURE WITH REGARD TO DEVELOPMENT AT BIGHORN. Rec: Discussion to take place at the meeting. Action: XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL REGARDING PLANNING COMMISSION APPROVAL OF AN EXPANSION OF THE SACRED HEART ELEMENTARY SCHOOL AND CONSTRUCTION OF NEW PARKING LOTS WITH 158 SPACES AT 43-775 DEEP CANYON ROAD Case No. CUP 04-13 (Roman Catholic Bishop of San Bernardino, Applicant) (Thomas W. McCutchen, Appellant) (Continued from the meeting of March 24, 2005). Rec: By Minute Motion, continue the public hearing to a date uncertain to allow time for a supplemental traffic analysis to be completed and reviewed by staff. Action: B. REQUEST FOR APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE PORTOLA BRIDGE OVER THE WHITEWATER CHANNEL PROJECT (NO. 674-04) (City of Palm Desert, Applicant) (Continued from the meeting of April 14, 2005). Rec: Waive further reading and adopt Resolution No. 05-32, approving the Mitigated Negative Declaration of Environmental Impact for the Portola Bridge over the Whitewater Channel Project. Action: C. REQUEST FOR APPROVAL OF THE ONE-YEAR ACTION PLAN, OUTSIDE AGENCY FUNDING COMMITTEE'S FY 2005/06 FUNDING RECOMMENDATIONS. Rec: By Minute Motion: 1) Approve the Outside Agency Funding Committee's FY 2005/06 funding recommendations and staff adjustment based on HUD (U.S. Department of Housing and Urban 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 Development) allocation; 2) authorize the City Manager to sign the One-year Action Plan Certifications; 3) approve One-year Action Plan; 4) authorize staff to submit the Action Plan to HUD. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of a Letter from Desert Breezes. o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 28, 2005 FUTURE MEETINGS: May 3, 2005 6:00 p.m. Planning Commission Civic Center Council Chamber 6:00 p.m. Youth Committee Administrative Conference Room May 10, 2005 12:00 p.m. Architectural Review Commission Community Services Conf. Room May 11, 2005 8:30 a.m. Parks & Recreation Commission Community Services Conf. Room 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room May 12, 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 22nd day of April, 2005. Rachelle D. Klassen, City Clerk 11