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Home My WebLink About2005-09-08 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 08, 2005 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None (See Redevelopment Agency Item IX.) VI. 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 VII, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular City Council Meeting of August 25, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 41, 42, 45, 48, 49, 52, and 53. Rec: Approve as presented. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 2 C. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C21680 -- Construction of Kitchen Utility Basin at Desert Willow Golf Resort (Cora Constructors, Palm Desert, 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. D. REQUEST FOR APPROVAL of a Grant of Easement and a Restrictive Easement Agreement for City-owned Property Located at 73-750 Catalina Way. Rec: By Minute Motion, approve of and authorize the Mayor to execute the subject Grant of Easement for fire access and Restrictive Easement Agreement (Contract No. C24280) limiting building within a clear area setback on the Joslyn Senior Center City-owned property at 73-750 Catalina Way to benefit Redevelopment Agency-owned property, Catalina Gardens, located at 73-600 Catalina Way. E. REQUEST FOR APPROVAL of Tract Map No. 30438-2 (Stone Eagle Development, Applicant). Rec: Waive further reading and adopt Resolution No. 05-73, approving the Final Subdivision Map of Tract No. 30438-2. F. REQUEST FOR APPROVAL of Parcel Map No. 31515 (Rick & Fred Evans, Applicants). Rec: Waive further reading and adopt Resolution No. 05-74, approving Parcel Map No. 31515 and the agreement relating thereto. G. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract Map No. 29692 (The Cypress Estates, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the improvement securities for the subject Tract Map. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 3 H. REQUEST FOR APPROVAL of Agreement Between the City of Palm Desert and Trauma Intervention Programs, Inc. (TIP) for Fiscal Year 2005/06 (Contract No. C24290). Rec: By Minute Motion: 1) Approve the subject agreement between the City of Palm Desert and TIP for FY 2005/06 in the amount of $5,082 ($0.12 per 42,350 residents) and authorize the Mayor to execute same; 2) appropriate said funds from the Unobligated General Fund to Account No. 110-4210-422-3090 for this purpose. I. REQUEST FOR APPROVAL of Palm Desert ATHENA Scholarship Award Agreement Between the City of Palm Desert and California State University, San Bernardino (Contract No. C24300). Rec: By Minute Motion, approve the subject agreement to establish the Palm Desert ATHENA Scholarship Fund. J. INFORMATIONAL ITEMS: 1. Energy Data for Palm Desert City Hall 2. Report on Schedule for Completion of Street Improvements Near Desert Gateway/WalMart Action: VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS None POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 4 IX. ORDINANCES For Introduction: A. ORDINANCE NO. 1099 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONCERNING PROCESSING OF CLAIMS. Rec: Waive further reading and pass to second reading. Action: For Adoption: A. ORDINANCE NO. 1098 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, SECTIONS 25.56, 25.72, AND 25.73 Case No. ZOA 05-01 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt. Action: X. NEW BUSINESS A. REQUEST FOR AUTHORIZATION FOR ANNUAL GRASS SEED PURCHASE. Rec: By Minute Motion, authorize the purchase of 316,800 pounds of grass seed from High Tech Irrigation, Inc., Palm Desert, California, in the amount of $237,241.26 (includes sales tax and shipping). Action: B. REQUEST FOR APPROVAL OF FIRST AMENDMENT TO CONTRACT FOR LAW ENFORCEMENT SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT (CONTRACT NO. C22011). Rec: By Minute Motion, approve the subject First Amendment to Contract for Law Enforcement Services and authorize the Mayor to execute same. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 5 C. CONSIDERATION OF THE JOHN KENNEDY SCULPTURE "FRIENDSHIP BENCH" AT THE FOUNTAINS AT CARLOTTA DEVELOPMENT, 41-505 CARLOTTA DRIVE (Fountains at Carlotta, Applicant). Rec: By Minute Motion, approve "Friendship Bench" as the public art component for the Fountains at Carlotta Development in the amount of $17,000, with the remaining $3,800 Art In Public Places Fees for construction of the base and lighting for the sculpture. Action: D. CONSIDERATION OF THE COMMISSIONING OF ELLIE RILEY'S "DESERT BLOOM" SCULPTURE FOR THE DESERT GATEWAY SELF- STORAGE, 73-750 DINAH SHORE DRIVE (Valli Architectural Group, Applicant). Rec: By Minute Motion: 1) Approve "Desert Bloom" by Ellie Riley as the public art component for the Desert Gateway Self Storage project by Valli Architectural Group valued at $29,780; 2) appropriate $17,829.36 for future reimbursement, as part of the Art In Public Places fee component for this project. Action: E. REQUEST FOR APPROVAL OF A DONATION TO THE AMERICAN RED CROSS FOR THE HURRICANE KATRINA RELIEF EFFORT. Rec: By Minute Motion, approve a $50,000 donation to the American Red Cross for the Hurricane Katrina Relief Effort and appropriate said funds from the Unobligated General Fund Reserves for this purpose. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 6 XI. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF GRANT FUNDING FOR PALM DESERT PRESBYTERIAN PRESCHOOL AND KINDERGARTEN FROM THE CITY'S CHILD CARE DEVELOPMENT FEES FUND 228 FOR PLAYGROUND AND FACILITY IMPROVEMENTS (Continued from the meetings of July 14, and August 25, 2005). Rec: By Minute Motion: 1) Approve a $38,193.33 grant to the Palm Desert Presbyterian Preschool and Kindergarten for playground and facility upgrades; 2) appropriate $38,193.33 from the Child Care Mitigation Fund 228; 3) authorize the City Manager to execute the required agreement (Contract No. C24050). Action: XII. OLD BUSINESS A. REQUEST FOR AUTHORIZATION TO RESCIND CONTRACT AWARD AND RE-ADVERTISE THE NORTH CARPORT PHOTOVOLTAIC SYSTEM (CONTRACT NO. C23290C). Rec: By Minute Motion: 1) Rescind contract award to REVCO Solar Engineering, Palm Desert, California; 2) authorize staff to re- advertise and call for bids for the subject project; 3) authorize staff to submit application(s) for incentive programs; 4) authorize staff to request a six-month time extension for this project from the California Energy Commission. Action: B. REQUEST FOR APPROVAL OF RELOCATION OF THE PALM DESERT POLICE SUBSTATION FROM WESTFIELD PALM DESERT TO THE SOON-TO-BE-VACATED VISITOR INFORMATION CENTER AT THE INTERSECTION OF HIGHWAY 111/MONTEREY AVENUE. Rec: By Minute Motion, concur with the recommendation of the Police Department and Public Safety Commission to relocate the mall substation to the existing Visitor Information Center once it is vacated. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 7 XIII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A DECISION BY THE PLANNING COMMISSION, DENYING A VARIANCE TO ALLOW A FREESTANDING PATIO COVER, 12 FEET IN HEIGHT SETBACK 3 FEET-2 INCHES FROM THE REAR PROPERTY LINE AT 74-431 DE ANZA WAY (APN 625-074-004) Case No. VAR 05-02 (Abbass and Judith Kamouie, Applicants/Appellants) (Continued from the meetings of July 14, and August 25, 2005). Rec: Waive further reading and adopt Resolution No. 05-62, denying the appeal and Case No. VAR 05-02. Action: B. CONSIDERATION OF A ZONING ORDINANCE AMENDMENT TO AMEND PALM DESERT MUNICIPAL CODE SECTION 25.21.040(D), RELATING TO SECOND UNIT HOUSING REQUIREMENTS, CLARIFYING THAT A SECOND UNIT MAY BE USED FOR PERSONAL USE OF THE PROPERTY OWNER AND THAT THE SECOND UNIT MAY NOT BE SOLD SEPARATELY FROM THE PRIMARY UNIT Case No. ZOA 05-02 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1100 to second reading, approving Case No. ZOA 05-02. Action: XIV. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 8 D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: o City Council Comments: XV. ORAL COMMUNICATIONS – C Any person wishing to discuss any item not scheduled for public hearing 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. XVI. ADJOURNMENT POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2005 9 FUTURE MEETINGS: September 13, 2005 12:00 p.m. Architectural Review Commission Community Services Conference Room September 14, 2005 3:30 p.m. Public Safety Commission Administrative Conference Room September 15, 2005 3:00 p.m. Sister Cities Committee Administrative Conference Room September 19, 2005 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room September 20, 2005 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber September 21, 2005 8:30 a.m. Art In Public Places Commission Administrative Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room September 22, 2005 3:00 p.m. Regular City Council/RDA Meetings 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 2nd day of September, 2005. Rachelle D. Klassen, City Clerk