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Home My WebLink About2005-05-12 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 12, 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: 2.43 acres South of Cahuilla Park (APN 628-020-029) Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Desert Cities Baptist Church Under Negotiation: x Price x Terms of Payment 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: 3 Public Employee Performance Evaluation pursuant to Government Code Section 54957: Titles of positions: City Attorney City Manager POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE - Mayor Buford A. Crites VII. INVOCATION - Mayor Pro Tem 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, 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 TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE -- MAY 2005. Rec: 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 28, 2005. Rec: Approve as presented. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 223, 227, and 231. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sherri L. Frame for Le Donne Cucina Italiana, 72-624 El Paseo, #C7, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Indian Ridge Country Club, 76-375 Country Club Drive, #B, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Citizens' Advisory Committee for Proj. Area #4 Meeting of January 24, 2005. 2. Historic Preservation Committee Meeting of March 28, 2005. 3. Marketing Committee Meeting of March 15, 2005. 4. Public Safety Commission Meeting of March 9, 2005. 5. Sister Cities Committee Meetings of March 24, 2005. 6. Youth Committee Meetings of February 1, and March 8, 2005. Rec: Receive and file. F. REQUEST FOR RATIFICATION of Computer Equipment Request by the Palm Desert Police Department. Rec: By Minute Motion, ratify City Manager's approval of the Public Safety Commission's recommendation to approve the Palm Desert Police Department's proposal to expend approximately $11,728.59 in CalCOPS (Supplemental Law Enforcement Services Funding - SLESF) Grant Funding to purchase computer equipment. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 G. REQUEST FOR RATIFICATION of Contract Award for Annyal Slurry Sealing and Striping (Contract No. C23640, Project No. 750-05). Rec: By Minute Motion, ratify City Manager's award of the subject contract to S-2 Sealing and Striping, Palm Desert, California, in the amount of $18,568 and approve of a 10% contingency for the project -- funds are available in FY 2004/05 budget for this project. H. REQUEST FOR AUTHORIZATION to Submit Application for the Used Oil Recycling Block Grant, Fiscal Year 2005/06 (11th Cycle). Rec: By Minute Motion, authorize: 1) Assistant City Manager for Community Services Sheila R. Gilligan to sign and submit application for the Used Oil Recycling Block Grant, FY 2005/06 (11th Cycle); 2) appropriation and expenditure of funds in the amount of $11,833 from the Recycling Fund, Account No. 236- 4195-454-3090; 3) increasing estimated revenue by $11,833. I. REQUEST FOR APPROVAL of an Agreement for Appraisal Services in Connection with Formation of a Community Facility District -- University Village (Contract No. C23740). Rec: By Minute Motion: 1) Approve the subject agreement with Capital Realty Analysts, Palm Desert, California, in the amount of $26,000 for appraisal services for the property associated with formation of the University Village Community Facility District (CFD); 2) authorize the Mayor to execute the agreement -- funds are available in Account No. 610-0000-228-2100. J. REQUEST FOR FINAL APPROVAL of Artwork at Venezia Development, 41-726 Via Aregio, for Art In Public Places Compliance and Refund of Art In Public Places Funds (GHA Enterprises, Applicant). Rec: By Minute Motion: 1) Concur with the Art In Public Places Commission and approve the request for final approval of artwork at Venezia Development located at 41-726 Via Aregio, Palm Desert, California, for Art In Public Places Compliance; 2) refund Art In Public Places funds in the amount of $56,715.84 to Applicant. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 K. CONSIDERATION of Action by the Legislative Review Committee – AB 1754 (Committee on Housing and Community Development) -- California Housing Finance Agency. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 26, 2005, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 1754. L. CONSIDERATION of Action by the Legislative Review Committee – ACA 11 (Oropeza) -- Transportation Fund Loans. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 26, 2005, and direct staff to prepare a letter of support for the Mayor's signature with regard to ACA 11. M. CONSIDERATION of Action by the Legislative Review Committee – SB 552 (Alquist and Maldonado) -- Sales and Use Tax Exemptions. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 26, 2005, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 552. N. REQUEST FOR APPROVAL of Public Safety Commission Recommendation to Adopt the "Safely Surrendered Baby" Program. Rec: By Minute Motion, approve the recommendation of the Public Safety Commission and adopt the "Safely Surrendered Baby" Program. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 O. REQUEST FOR APPROVAL of the Possession and Consumption of Wine in Connection with Art Exhibition Receptions in the City of Palm Desert's Art Gallery for the Period June 2005 - May 2006. Rec: By Minute Motion, permit the possession and serving of wine in connection with the opening receptions to be held in the City of Palm Desert's Art Gallery between June 2005 and May 2006 -- tentative dates for the receptions are: 1) June 7, 2005, for The Dyslexia Foundation Exhibition; 2) September 13, 2005, for The Highlights of the North Wing Gallery Exhibition; 3) November 14, 2005, for the COD Faculty Exhibition; 4) January 16, 2006, for Group Show; 5) May 30, 2006, for the COD Student Exhibition. P. REQUEST FOR RATIFICATION of Out-of-State Travel to Ixtapa- Zihuatanejo, Mexico, for Firefighters to Provide Emergency Services Training. Rec: By Minute Motion, ratify the City Manager's approval of the subject out-of-state travel for five firefighters from May 16-21, 2005 -- sufficient funds are available in the Sister Cities Trust Account, No. 610-0000-228-2800. Q. REQUEST FOR APPROVAL of Out-of-State Travel for the U.S./Mexico Sister Cities Conference. Rec: By Minute Motion: 1) Approve the subject out-of-state travel for up to ten Sister Cities Committee Members and/or staff to attend the subject Conference, May 30 - June 7, 2005, in Ixtapa-Zihuatanejo, Mexico; 2) authorize expenditure of funds in an amount not to exceed $6,000 from Account No. 110-4416-414-3126 -- funds are available in this account, and no additional appropriation is required. 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 R. REQUEST FOR RATIFICATION of a Professional Services Contract for Conceptual Design of the City/College of the Desert Aquatic Facility (Contract No. C23750) (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, ratify staff's authorization to proceed with a professional design services contract with Aquatic Design Group, Carlsbad, California, in the amount of $7,500 and authorize a 10% contingency for conceptual design of the City/COD Aquatic Facility -- funds are available in Account No. 850-4549-454-4001. S. INFORMATIONAL ITEMS: 1. Report Concerning Modification to the Civic Center Well Site Building Roof. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: None 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 XIV. NEW BUSINESS A. REQUEST FOR CITY COUNCIL REVIEW OF A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, APPROVING A 6-FOOT HIGH BROWN VINYL CHAIN-LINK FENCE TO MATCH EXISTING CHAIN-LINK FENCE AT 45-875 EDGEHILL DRIVE Case No. MISC 05-14 (Tom Adler, Applicant). Rec: By Minute Motion, continue consideration of the matter, as requested by the Applicant. Action: B. REQUEST FOR APPROVAL OF BUILDING & SAFETY FEE SCHEDULE AMENDMENT FOR WATER HEATER REPLACEMENT PERMITS. Rec: 1) Waive further reading and adopt Resolution No. 05-33, amending Resolution No. 04-84 as it relates to the Building & Safety Fee Schedule for Water Heater Replacement Permit, reducing it from $97.50 to $65.00. 2) By Minute Motion, authorize the City Manager to issue refunds for overcharges relating to water heater replacement permits issued after September 6, 2004. Action: C. REQUEST FOR APPROVAL OF REVISED CONDITIONS OF APPROVAL FOR PRECISE PLAN 04-04 TO CLARIFY FINANCIAL RESPONSIBILITY Case No. PP 04-04 (43-100 Cook Street, LLC, Applicant). Rec: By Minute Motion, revise the Conditions of Approval for Case No. PP 04-04 to include a provision for the City of Palm Desert to reimburse the Developer for 50% of the cost for design, construction, and inspection of the median island. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 D. REQUEST FOR APPROVAL OF REVISED CONDITIONS OF APPROVAL FOR PRECISE PLAN 04-11 TO CLARIFY FINANCIAL RESPONSIBILITY Case No. PP 04-11 (Michael and Margaret Fincher, Applicants). Rec: By Minute Motion, revise the Conditions of Approval for Case No. PP 04-11 to include a provision for the City of Palm Desert to reimburse the Developer for 50% of the cost for design, construction, and inspection of the cul-de-sac, up to $25,000. Action: E. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR DESIGN AND CONSTRUCTION OF THE PORTOLA AVENUE BRIDGE AT THE WHITEWATER CHANNEL (CONTRACT NO. C22870A, PROJECT NO. 647-04). Rec: By Minute Motion, approve the subject agreement with CVAG and authorize the Mayor to execute same. Action: F. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR DESIGN AND CONSTRUCTION OF THE COOK STREET WIDENING BETWEEN FRED WARING DRIVE AND FRANK SINATRA DRIVE (CONTRACT NO. C23760, PROJECT NO. 601-05). Rec: By Minute Motion, approve the subject agreement with CVAG and authorize the Mayor to execute same. Action: G. REQUEST FOR AUTHORIZATION TO CONTRACT FOR THE PURCHASE OF RECYCLING/TRASH CONTAINERS FOR CITY PARKS (CONTRACT NO. C23770). Rec: By Minute Motion, authorize: 1) Staff to contract with Forms and Surfaces Company, LLC, Carpinteria, California, for recycling/trash containers for City Parks; 2) appropriation and expenditure of funds in the amount of $101,600 from Account No. 236-4195-454-3090 for this purpose. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 H. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE MISCELLANEOUS WINDBREAK AND SOIL STABILIZATION IMPROVEMENTS FOR PM-10 MITIGATION (CONTRACT NO. C23780, PROJECT NO. 605-02A). Rec: By Minute Motion, award the subject contract to Sierra Landscape Co., Inc., Bermuda Dunes, California, in the amount of $156,816.15, authorize a 10% contingency for the subject project, and authorize the Mayor to execute said contract. Action: I. REQUEST FOR APPROVAL OF THE DEVELOPMENT AND EXECUTION OF A CONTINGENCY CONTRACT FOR EMERGENCY BUILDING RESTORATION SERVICES (CONTRACT NO. C23790). Rec: By Minute Motion, direct the Risk Manager to develop a contingency contract with Belfor USA, Placentia, California, for emergency building restoration services. Action: XV. CONTINUED BUSINESS A. ORDINANCE NO. 1094 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE TITLE 8, CHAPTER 8.16 AND 8.17, AUTHORIZING THE MANDATORY AUTOMATED COLLECTION OF SOLID WASTE, RECYCLING, AND GREENWASTE FOR ALL RESIDENTIAL UNITS (Continued from the meeting of April 14, 2005). Rec: By Minute Motion, continue this matter to a date uncertain. Action: XVI. OLD BUSINESS None 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, APPROVING A PARCEL MAP TO ESTABLISH A ONE- LOT SUBDIVISION WITH A CONDOMINIUM OVERLAY AT THE 191- SPACE INDIAN SPRINGS MOBILE HOME PARK LOCATED AT 49-305 HIGHWAY 74 (APN 652-120-007) Case No. PM 31862 (Indian Springs, Ltd., Applicant/Appellant) (Continued from the meetings of February 10, and March 24, 2005). Rec: By Minute Motion, continue the public hearing to the meeting of May 26, 2005. Action: B. REQUEST FOR APPROVAL OF A PRECISE PLAN TO CONSTRUCT FOUR GENERAL OFFICE/WAREHOUSE BUILDINGS TOTALING 65,892 SQUARE FEET AND A HEIGHT EXCEPTION TO ALLOW VARYING ROOF HEIGHTS UP TO A MAXIMUM OF 34'6" FOR PROPERTY LOCATED AT 73-700 DINAH SHORE DRIVE Case No. PP 04-33 (Venture Corporation and Ware Malcomb, Thomas Sun, Applicants). Rec: Waive further reading and adopt Resolution No. 05-34, approving Case No. PP 04-33, including building height exception, subject to conditions. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o Police Department 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 E. 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: May 16, 2005 3:00 p.m. Citizens’ Adv. Cmte.-Proj.Area #4 Administrative Conference Room May 17, 2005 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber May 18, 2005 8:30 a.m. Art In Public Places Commission Administrative Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room May 19, 2005 3:00 p.m. Sister Cities Committee Administrative Conference Room May 23, 2005 10:00 a.m. Historic Preservation Committee Administrative Conference Room May 24, 2005 12:00 p.m. Architectural Review Commission Community Services Conf. Room May 25, 2005 10:30 a.m. Investment & Finance Committee North Wing Conference Room May 26, 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 6th day of May, 2005. Rachelle D. Klassen, City Clerk 12