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Home My WebLink About2005-03-10 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 10, 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): 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: VI. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Jim Ferguson VII. INVOCATION - Councilman Richard S. Kelly POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 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 DALE HOLTZER, JIM LEWIS, AND DENISE WELCH FOR THEIR CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS TECHNOLOGY COMMITTEE. Rec: Action: B. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE -- MARCH 2005. Rec: Action: C. PRESENTATION TO THE CITY COUNCIL BY THE SALTON SEA AUTHORITY. Rec: Action: X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 24, 2005, and the Special City Council Meeting of February 17, 2005. Rec: Approve as presented. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 178. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#545) by Jerry E. Suszczynski in the Amount of $135.96. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#546) by Steven L. Sims in the Amount of $10,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of January 2005 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MINUTES. 1. Investment & Finance Committee Meeting of January 26, 2005. G. 2. Library Promotion Committee Meeting of January 19, 2005. H. 3. Marketing Committee Meeting of January 18, 2005. I. 4. Sister Cities Committee Meeting of January 20, 2005. Rec: Receive and file. G. REQUEST FOR AWARD OF CONTRACT for Landscape Installation on Avenue of the States Median (Contract No. C23220, Project No. 937-04). Rec: By Minute Motion: 1) Award the subject contract to Pink, Inc., Palm Desert, California, in the amount of $8,332.30; 2) authorize a 10% contingency for the project in the amount of $833.23; 3) authorize POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 the Mayor to execute said contract -- funds are available in Account No. 400-4614-433-4001. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22450 -- Citywide Resurfacing Program (Project No. 752-04) (Granite Construction Company, Indio, 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. I. CONSIDERATION of Legislative Review Committee Action -- AB 80 (Houston) -- Sales Tax. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 22, 2005, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 80 (Houston). J. CONSIDERATION of Legislative Review Committee Action -- AB 222 (Bogh) -- Labor Compliance. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 22, 2005, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 222 (Bogh). K. CONSIDERATION of Legislative Review Committee Action -- AB 266 (DeVore) -- Large Family Child Day Care Centers. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 22, 2005, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 266 (DeVore). L. CONSIDERATION of Legislative Review Committee Action -- AB 341 (Huff) -- Public Works Projects. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 22, 2005, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 341 (Huff). POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 M. CONSIDERATION of Legislative Review Committee Action -- ACA 9 (Bogh) -- Motor Vehicle Fuel Sales Tax. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 22, 2005, Meeting, and direct staff to prepare a letter of support for the Mayor's signature with regard to ACA 9 (Bogh). N. REQUEST FOR APPROVAL of Contract for Sound Study on Tamarisk Row Drive (Contract No. C23530). Rec: By Minute Motion: 1) Award the subject contract to Medlin & Associates, Carlsbad, California, in the amount of $3,750 to provide a sound study along Tamarisk Row Drive between the Union Pacific Railroad and adjacent residential properties; 2) authorize a 10% contingency for the project in the amount of $375; 3) authorize the Mayor to execute said agreement -- funds are available in Account No. 110-4260-422-3090. O. REQUEST FOR APPROVAL of Out-of-State Travel for National Community Development Association (NCDA) Annual Conference, Austin, Texas. Rec: By Minute Motion, authorize the subject out-of-state travel for the Community Services Division, Special Programs Senior Management Analyst to attend the NCDA Conference, May 16-22, 2005 -- funds are available in Account No. 110-4132-411-3120. P. REQUEST FOR WAIVER of Fees for Use of the Civic Center Amphitheater and Pavilion I -- Washington Charter School Ballet Folklorico Dance Troupe. Rec: By Minute Motion, approve the subject request by Washington Charter School for its Ballet Folklorico event on May 14, 2005. Q. REQUEST FOR WAIVER of Fees for Use of the Civic Center Amphitheater -- Palm Deert Middle School Graduation. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 Rec: By Minute Motion, approve the subject request by Palm Desert Middle School for its graduation ceremony to be held June 15, 2005. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 05-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A PETTY CASH FUND UNDER THE JOINT SUPERVISION AND CONTROL OF THE SECRETARY TO THE CITY MANAGER AND THE SENIOR OFFICE ASSISTANT IN THE CITY MANAGER'S OFFICE. Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 05-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PORTIONS OF RESOLUTION NO. 04-73, "EXHIBIT A" SALARY SCHEDULE, SALARY RANGES, AND ALLOCATED CLASSIFICATIONS, AND TO CREATE TWO NEW CLERICAL POSITIONS TO BE ASSIGNED TO THE NEW VISITOR INFORMATION CENTER. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1092 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 2.72 (RESCINDING ORDINANCE NOS. 935 AND 1010) OF THE PALM DESERT MUNICIPAL CODE AND DISSOLVING THE TECHNOLOGY COMMITTEE. Rec: Waive further reading and pass to second reading. Action: For Adoption: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 A. ORDINANCE NO. 1091 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO 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 RESIDENTIAL ZONE DISTRICTS Case No. ZOA 04-04 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS XV. CONTINUED BUSINESS XVI. OLD BUSINESS A. CONSIDERATION OF CITY COUNCIL REQUEST FOR REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION DECISION, APPROVING PLANS FOR AN 8-FOOT WALL FOR ENTRYWAY GATE FOR SINGLE FAMILY RESIDENCE AT 72-922 GRAPEVINE STREET Case No. MISC 04-54 (George Buono, Applicant). Rec: By Minute Motion, affirm the action of the Architectural Review Commission dated November 23, 2004. Action: B. CONSIDERATION OF CITY COUNCIL REQUEST FOR REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION DECISION, APPROVING PLANS TO REPLACE EXISTING FENCE WITH A 5-FOOT-HIGH FENCE IN FRONT OF THE HOUSE AT 43-825 CARMEL CIRCLE Case No. MISC 04-63 (Steve Plant, Applicant). Rec: To be provided. Action: C. CONSIDERATION OF CITY COUNCIL REQUEST FOR REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION DECISION, APPROVING A 5-FOOT FRONT YARD FENCE AT A SINGLE FAMILY RESIDENCE LOCATED AT 74-855 FAIRWAY DRIVE Case No. MISC 04-65 (Charles Walford/Chris Keller, Applicants). POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 Rec: By Minute Motion, affirm the action of the Architectural Review Commission, approving a five-foot-high paneled wood fence at a minimum setback of 12 feet from the curb at 74-855 Fairway Drive, subject to conditions. Action: D. REQUEST FOR APPROVAL OF FOUR BUS SHELTER DESIGNS ALONG HIGHWAY 111. Rec: By Minute Motion: 1) Approve the four bus shelter designs as submitted; 2) authorize the Mayor to enter into a contract with LNI Custom Manufacturing, Hawthorne, California (Contract No. C21860; 3) approve the inclusion of the "Fat Happy" Sculptures and expenditure of funds in the amount of $32,000 from the Art In Public Places Account. Action: E. REQUEST FOR AWARD OF CONTRACT FOR THE MESA VIEW FIRE STATION (NO. 67) RENOVATION PROJECT (CONTRACT NO. C20580D1). Rec: By Minute Motion: 1) Award the subject contract to Commercial Diversified, Inc., Twentynine Palms, California, in the amount of $1,395,000; 2) authorize a 10% contingency for the project in the amount of $139,500; 3) appropriate and transfer $563,461 from Unobligated General Fund to New Construction Tax Fund, No. 231- 4624-433-4001 for this project; 4) authorize waiver of all City- related service fees; 5) authorize the Mayor to execute said contract. Action: XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM PR-5 (PLANNED RESIDENTIAL, FIVE UNITS PER ACRE) TO PR-13 (PLANNED RESIDENTIAL, 13 UNITS PER ACRE) AND AN AMENDMENT TO A PRECISE PLAN/CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES TO CONSTRUCT 320 RESIDENTIAL CONDOMINIUM UNITS ON A 26.4- ACRE SITE ON THE NORTH SIDE OF GERALD FORD DRIVE, 636 FEET EAST OF MONTEREY AVENUE (73-240 GERALD FORD DRIVE) (APNs 653-260-029 AND 653-260-021) Case Nos. C/Z 05-01 and Amendment #1 to PP/CUP 03-06 and TT 31363 (Sares Regis Group, Applicant). POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 Rec: Waive further reading and: 1) Pass Ordinance No. 1093 to second reading, approving a change of zone from PR-5 to PR-13; 2) adopt Resolution No. 05-27, approving an amendment to PP/CUP 03-06 and TT 31363. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK A. Reminder of Joint City Council/Redevelopment Agency Study Session Thursday, March 24, 2005, 2:30 p.m. to Receive Presentation from University of California, Riverside, Chancellor France Cordova. 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: March 15, 2005 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber March 16, 2005 8:30 a.m. Art In Public Places Commission Administrative Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room March 17, 2005 3:00 p.m. Sister Cities Committee Administrative Conference Room March 21, 2005 3:00 p.m. Citizens’ Adv.Cmte.-Proj. Area #4 Administrative Conference Room POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2005 March 22, 2005 12:00 p.m. Architectural Review Commission Community Services Conf. Room March 23, 2005 10:30 a.m. Investment & Finance Committee North Wing Conference Room March 24, 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 4th day of March, 2005. Rachelle D. Klassen, City Clerk