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