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HomeMy WebLinkAbout2005-02-24 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 24, 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: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Cerritos, et al., v. State Board of Equalization, Alameda County Superior Court ("Triple Flip") 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: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 VI. PLEDGE OF ALLEGIANCE - Mayor 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, 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 MELINDA BYRD FOR HER CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS MARKETING COMMITTEE. Rec: Action: B. PRESENTATION TO RECOGNIZE JOYCE FRISCO AND JEROME PINEAU FOR THEIR CONTRIBUTIONS TO THE CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY AND ITS CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO. 4. Rec: Action: C. PRESENTATION TO THE CITY COUNCIL BY THE PALM DESERT HIGH SCHOOL FOUNDATION. Rec: Action: D. APPOINTMENTS/REAPPOINTMENTS TO THE CITY'S ESTABLISHED COMMITTEES AND COMMISSIONS. Rec: By Minute Motion: 1) Formally accept Tammy Perezchica's resignation from the El Paseo Business Improvement District Board POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 of Directors; 2) appoint Robert Fliday and Janet Hanson to the El Paseo Business Improvement District Board of Directors to fill the vacancies created by the resignations of Tammy Perezchica (term 12/31/05) and Patrick Lilly (term 12/31/08), respectively; 3) formally accept the end of Francoise Rhodes' term on the Library Promotion Committee (term 12/31/04); 4) other appointments/reappointments at the discretion of the City Council. Action: X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 10, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 162, 166, 168, and 169. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#543) by Ernesto M. Quintero in the Amount of $561.56. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Hedi Ben Hamrouni for Hedi's Cafe Paris, 72-695 Highway 111, Suite A6, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of December 15, 2004. F. 2. Citizens' Advisory Committee for Project Area No. 4 Meeting of September 20, 2004. G. 3. Entrada del Paseo Steering Committee Meeting of October 13, 2004. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 H. 4. Youth Committee Meetings of December 7, 2004, and January 4, 2005. Rec: Receive and file. F. REQUEST FOR ADOPTION of Resolutions, Authorizing the Destruction of Department of Building & Safety Paper Records that Have Been Digitally Imaged (October and November 2004). Rec: Waive further reading and adopt: 1) Resolution No. 05-22 for October 2004 records; 2) Resolution No. 05-23 for November 2004 records. G. REAUEST FOR DECLARATION of Surplus Property and Authorization for Disposal - Miscellaneous Desert Willow Golf Resort Office and Course Maintenance Equipment. Rec: By Minute Motion, declare the items listed on the staff report's Exhibit "A" as surplus and authorize destruction, as outlined. H. REQUEST FOR RATIFICATION of City Manager's Authorization for Emergency Work Related to Roof Repairs at the Mesa View Fire Station Located at 73-200 Mesa View Drive (Contract No. C23470). Rec: By Minute Motion, ratify the authorization for emergency work in the amount of $16,350 by Al Miller & Sons Roofing, Inc., Cathedral City, California, and authorize a 10% contingency related to the roof repair for the Mesa View Fire Station - funds are available in Account No. 400-4161-415-4001. I. REQUEST FOR RATIFICATION of Contract for Additional Engineering Services for the Mesa View Fire Station Renovation Project (Contract No. C20580E). Rec: By Minute Motion, ratify the subject contract with Warner Engineering, Palm Desert, California, in the amount of $4,500. J. REQUEST FOR RATIFICATION of City Manager's Execution of Contrat to Extend Deadline for the Funding of PM-10 Mitigation Measures (Contract No. C21661). POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 Rec: By Minute Motion, ratify the City Manager's execution of a contract with South Coast Air Quality Manmagement District (SCAQMD) to extend the deadline for the funding of PM-10 mitigation measures. K. REQUEST FOR RATIFICATION of Award of Contracts for Project Design Services Related to the Energy Efficiency Measures Loan Application to the California Energy Commission. Rec: By Minute Motion, ratify the following award of contracts for the subject project design services: 1) W.A. Doby Engineering, Inc., Yucaipa, California, in the amount of $9,150 (Contract No. C23290); 2) Servidyne Systems, LLC, Atlanta, Georgia, in the amount of $3,000 (Contract No. C23290A) - funds are available in Account No. 110-4132-411-3090. L. REQUEST FOR AWARD OF CONTRACT for Design of Traffic Signal Modification at San Pascual and Fred Waring Drive (Contract No. C23480, Project No. 566-05). Rec: By Minute Motion: 1) Award the subject contract to Hartzog & Crabill, Tustin, California, in the amount of $10,200; 2) authorize a 10% contingency for the project; 3) authorize the Mayor to execute said contract - funds are available in Account No. 400-4565-433- 4001. M. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) with Retired and Senior Volunteer Program (RSVP) for the Citizens on Patrol Services Program (COPS) (Contract No. C23490). Rec: By Minute Motion, approve the subject MOU with RSVP to provide insurance and volunteer hour points for members of the Palm Desert Citizens On Patrol Program. N. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C23140 - Audiovisual Upgrades at the City/CVAG Conference Room at the Parkview Office Complex. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $8,139 to the subject contract with GroggWorks, Inc., San Diego, California, to perform additional work related to the audiovisual upgrades; 2) apporpriate said funds from Fund 510 for this purpose; 3) authorize the Mayor to execute said Change Order. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 O. REQUEST FOR APPROVAL of Amendment to Contract No. C23110 - Engineering Services for Highway 111 Sidewalk Improvements (Project No. 697-05). Rec: By Minute Motion: 1) Approve an amendment in the amount of $4,000 to the subject contract with Omnis, Inc., Chino Hills, California, for design and engineering services to construct a sidewalk on Rutledge Way; 2) approve a 10% contingency in the amount of $400; 3) authorize the Mayor to execute the amended agreement - funds are available in the Public Works Curb, Gutter, and Cross Gutter Accounts, Nos. 110-4312-433-3320 and 110- 4313-433-3320. P. REQUEST FOR APPROVAL of Parcel Map No. 33068 (Fred Waring Professional Plaza, Applicant). Rec: Waive further reading and adopt Resolution No. 05-24, approving Parcel Map No. 33068. Q. REQUEST FOR APPROVAL of an Indemnification and Hold Harmless Agreement for the Morningstar Office Building Located at 73-733 Fred Waring Drive (Contract No. C23500). Rec: By Minute Motion, authorize the Mayor to execute the subject agreeement with Suresh C. Shah. R. REQUEST FOR AUTHORIZATION to Notify the County Auditor of the Redevelopment Agency's Intent to Pay ERAF (Educational Revenue Augmentation Fund) from Agency Funding Sources. Rec: By Minute Motion, direct the City Manger, or his designee, to notify the County Auditor of the Agency's intent to pay ERAF from Agency funding sources. S. INFORMATIONAL ITEMS: 1. Report on Federal Emergency Management Agency (FEMA) Disaster Assistance T. 2. Update on the Food In Need of Distribution (FIND) Project Funded through the Community Development Block Grant (CDBG) Program Rec: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS XIII. ORDINANCES For Introduction: For Adoption: XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL TO THE JANUARY 11, 2005, DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, DENYING A SIX-FOOT-HIGH FRONT YARD WALL SEVEN FEET FROM THE CURB AT THE RESIDENCE LOCATED AT 73-350 CALLIANDRA STREET; AND A CITY COUNCIL REQUEST FOR REVIEW OF THE JANUARY 25, 2005, DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, APPROVING A FOUR-FOOT-HIGH STUCCO WALL SEVEN FEET FROM THE CURB, OR A FIVE-FOOT-HIGH STUCCO WALL 15 FEET FROM THE CURB AT THE SAME RESIDENCE Case No. MISC 04-68 (Abdi Haile, Applicant). Rec: By Minute Motion, deny the appeal of the Architectural Review Commission action of January 11, 2005, and amend the Architectural Review Commission approval of January 25, 2005, to be consistent with the provision of the revised wall ordinance, approving a 42-inch-high stucco wall seven feet from the curb, or a five-foot-high stucco wall 15 feet from the curb. Action: B. REQUEST FOR APPROVAL OF THE 2005 "SUMMER OF FUN" CONCERT AND MOVIE SERIES SCHEDULE AND RELATED SERVICES. Rec: By Minute Motion: 1) Approve the attached proposed line-up for the 2005 "Summer of Fun" Series; 2) approve a purchase order in the amount of $9,100 with Live Oak Multimedia, Indio, California, for movies, professional staff, and audiovisual equipment for the "Summer of Fun" movies; 3) approve a purchase order in the POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 amount of $13,800 with Musicians Outlet, Palm Desert, California, for concert professional staff, sound and lighting for the "Summer of Fun" concerts; 4) approve a contract in the amount of $27,500 ($20,000 to be paid by the City of Palm Desert and $7,500 to be paid by the City of Rancho Mirage) with PyroSpectaculars by Souza, Rialto, California, for professional staff and pyrotechnic supplies for the annual Independence Day celebration on July 4, 2005 (Contract No. C23510A); 5) approve a contract in the amount of $6,000 with PyroSpectaculars by Souza, Rialto, California, for professional staff and pyrotechnic supplies for use at the final "Summer of Fun" concert scheduled to be held on September 1, 2005 (Contract No. C23510B); 6) authorize the Mayor to execute the following Performing Arts Contracts for "Summer of Fun" concerts: a) M & M Group -- $5,000 (Contract No. C23510C); b) Mike Nadolson -- $1,800 (Contract No. C23510D); c) Steve Madaio -- $7,000 (Contract No. C23510E); d) Rick Joswick -- $2,000 (Contract No. C23510F); e) Tony Jones -- $2,000 (Contract No. C23510G); f) Steve Swarthout -- $1,600 (Contract No. C23510H); g) Redlands Symphony -- $11,000 (Contract No. C23510I) -- funds for the 2005 "Summer of Fun" Series in the amount of $86,800 are available in Account No. 110-4416-414-3061. Action: C. REQUEST FOR APPROVAL OF THE IMPLEMENTATION OF A NEW CITY CELL PHONE POLICY AND AUTHORIZATION TO NEGOTIATE A CELL PHONE PLAN. Rec: By Minute Motion: 1) Approve the implementation of a City Cell Phone Policy, including a monthly allowance of $50/month for select employees; 2) authorize the City Manager, or his designee, to negotiate a Cell Phone Plan with AT&T/Cingular that meets the City's needs. Action: D. REQUEST FOR SELECTION OF AESTHETIC TREATMENT FOR THE PORTOLA AVENUE BRIDGE OVER THE WHITEWATER CHANNEL (PROJECT NO. 647-04). Rec: By Minute Motion, select the preferred aesthetic treatment for the subject project. Action: XV. CONTINUED BUSINESS POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 A. CONSIDERATION OF CITY COUNCIL REQUEST FOR REVIEW OF AN ACTION BY THE ARCHITECTURAL REVIEW COMMISSION, APPROVING A SIX-FOOT-HIGH STREET-SIDE YARD WALL AT A RESIDENCE LOCATED AT 73-526 IRONWOOD STREET Case No. MISC 04-67 (Stan and Michelle Smith, Applicants) (Continued from the meeting of January 27, 2005). Rec: By Minute Motion, continue the review to allow completion of the Zoning Ordinance Amendment Case relating to walls. Action: XVI. OLD BUSINESS XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE CREATION OF CUL-DE-SAC CLOSURES ALONG HIGHWAY 74 FRONTAGE ROAD AT THE SHADOW MOUNTAIN DRIVE TRAFFIC SIGNAL (Continued from the meeting of February 10, 2005). Rec: Waive further reading and adopt Resolution No. 05-21, creating cul- de-sac closures along Highway 74 Frontage Road at the Shadow Mountain Drive traffic signal. Action: B. CONSIDERATION OF THE APPROVAL OF A ZONING ORDINANCE AMENDMENT AS IT RELATES TO WALL HEIGHTS AND LOCATIONS IN THE R-1, R-2, R-3, AND P.R. ZONE DISTRICTS Case No. ZOA 04-04 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1091 to second reading, amending Palm Desert Municipal Code Section 25.56.195 Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 A. Joint City Council/Housing Commission Tour of Housing Authority Properties, Friday, March 4, 2005, 8:30 a.m. B. Joint City Council/Youth Committee Meeting, Tuesday, March 8, 2005, 6:00 p.m. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: February 28, 2005 10:00 a.m. Historic Preservation Committee Administrative Conference Room 3:00 p.m. Citizens’ Adv.Cmte.-Proj.Area #4 (Adjourned from February 21) Administrative Conference Room March 1, 2005 2:00 p.m. Technology Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber March 8, 2005 12:00 p.m. Architectural Review Commission Community Services Conf. Room 6:00 p.m. Youth Committee (Adjourned from March 1) Administrative Conference Room March 9, 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 March 10, 2005 3:00 p.m. Regular City Council/RDA Mtgs. Civic Center Council Chamber POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2005 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 18th day of February, 2005. Rachelle D. Klassen, City Clerk