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HomeMy WebLinkAbout2005-11-10 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 10, 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 existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs, Ltd. v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 053903 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Party: Carlos L. Ortega/City of Palm Desert IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF AN ALTERNATE MEMBER TO THE PALM DESERT YOUTH COMMITTEE. Rec: By Minute Motion, appoint Ryan Sheehy as an alternate member of the Palm Desert Youth Committee. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2005 2 B. APPOINTMENT OF A MEMBER OF THE PALM DESERT CITY COUNCIL TO SERVE AS ITS REPRESENTATIVE ON THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY. Rec: By Minute Motion, appoint a Member of the City Council and an Alternate to serve as the City of Palm Desert's representative on the Palm Springs Desert Resorts Convention and Visitors Authority. Action: C. APPOINTMENT OF A MEMBER OF THE CITY COUNCIL TO SERVE AS ITS LIAISON TO THE PALM DESERT MARKETING COMMITTEE. Rec: By Minute Motion, appoint a member of the City Council to serve as a liaison to the Marketing Committee. Action: 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 XI, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Adjourned Regular City Council Meeting of October 27, 2005, and the Regular City Council Meeting of October 27, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 93, 97, and 100. Rec: Approve as presented. C. CITY'S/AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for July, August, and September 2005 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2005 3 D. REQUEST FOR APPROVAL of Successor Trustee (Contract No. C24550) (Joint Consideration with the Palm Desert Redevelopment Agency and the Palm Desert Financing Authority). Rec: By Minute Motion, terminate the City's trust relationship with Bank of New York and approve Wells Fargo & Company as a successor trustee for a five-year term, commencing January 1, 2006. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Deni Fulton Curtis and Monique Jacqueline Curtis for The Market On El Paseo, 73-375 El Paseo, Suite F, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Guadalupe Martinez and Ruben V. Martinez for IL Bambino's Pizzeria, 74-478 Highway 111, #C, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by James E. Choi and Susan Y. Choi for Seoul Garden Plaza, Inc., 74-695 Highway 111, Palm Desert. Rec: Receive and file. H. REQUEST FOR APPROVAL of Increase in Visitor Center Cash Register Funds. Rec: By Minute Motion, approve a $100 increase in the Visitor Center cash register fund, as managed by the Visitor Center Manager. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2005 4 I. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of September 20, 2005. 2. Sister Cities Committee Meeting of September 15, 2005. Rec: Receive and file. J. REQUEST FOR RATIFICATION of the City Manager's Authorization of Slurry Seal Application on the Parking Lot at Desert Willow Golf Resort. Rec: By Minute Motion, ratify the City Manager's authorization of hiring I P S, Inc., for the subject work in the amount of $14,860. K. REQUEST FOR APPROVAL of Various Vendors for Equipment Rental Services. Rec: By Minute Motion, approve the use of United Rentals, Clairemont Equipment Co., and Elms Equipment Rental to provide equipment rental services to the City of Palm Desert for Fiscal Year 2005/06. L. CONSIDERATION of the Reimbursement of Art In Public Places Fees to The Fountains At Carlotta, 41-505 Carlotta, Palm Desert. Rec: By Minute Motion, approve the reimbursement of Art In Public Places fees in the amount of $18,957.50 to The Fountains at Carlotta for its placement of the bronze sculpture "Friendship Bench" by John Kennedy -- funds are available in Account No. 436-0000-228-9900. M. REQUEST FOR APPROVAL of Agreement for Printing of the 2006 Annual Community Calendar (Contract No. C24560). Rec: By Minute Motion, approve the subject agreement with Coachella Valley Printing Group in the amount of $27,135 -- funds are available in Account No. 110-4417-414-3091. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2005 5 N. REQUEST FOR AUTHORIZATION to Repair the City's John Deere Skip Loader. Rec: By Minute Motion, authorize repair of the subject equipment by RDO Equipment Company, Riverside, California, for the estimated amount of $28,121.98. VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS A. RESOLUTION NO. 05-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ITS RESOLUTION NO. 81-61, CLARIFYING PROVISIONS FOR CHECK SIGNATURES AND COLLECTING MATURED INACTIVE DEPOSITS OF THE CITY OF PALM DESERT. Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 05-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 30438 (Stone Eagle Development, Applicant). Rec: Waive further reading and adopt. Action: C. RESOLUTION NO. 05-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 30438-3 (Stone Eagle Development, Applicant). Rec: Waive further reading and adopt. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2005 6 IX. ORDINANCES For Introduction: None For Adoption: None X. NEW BUSINESS A. REQUEST FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CITY OF INDIAN WELLS FOR WIDENING AND RELATED CONSTRUCTION FOR FRED WARING DRIVE FROM CALIFORNIA AVENUE TO WASHINGTON STREET (CONTRACT NO. C24570, PROJECT NO. 655-01). Rec: By Minute Motion, authorize the Mayor to execute the subject MOU with the City of Indian Wells. Action: B. REQUEST FOR APPROVAL OF A TRAFFIC SIGNAL FEE WAIVER FOR IMPROVEMENTS TO BE CONSTRUCTED ON PARCEL MAP NO. 31515 -- THE VILLAGE AT UNIVERSITY PARK (The Evans Company, Applicant). Rec: By Minute Motion, approve the request to waive traffic signalization fees for Parcel Map No. 31515, The Village at University Park. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2005 7 C. REQUEST FOR APPROVAL OF THE CREATION AND DEVELOPMENT OF NEW "RECYCLE BINNEY" COMMERCIALS AND MEDIA PURCHASES TO PROMOTE RECYCLING IN THE CITY OF PALM DESERT. Rec: By Minute Motion: 1) Approve a contract with The Lawrence Company, El Segundo, California, in the amount of $144,700 and authorize a 10% contingency in the amount of $14,400 (Contract No. C24580) for creation of the next three recycling commercials (e.g. Commercial Recycling, E-waste, and Universal Waste Recycling) and the Spanish translation of the Introduction of "Recycle Binney" Commercial; 2) authorize staff to advertise spots on Time Warner, KESQ, KMIR, and KPSP, and other media as appropriate in the amount of $71,750 and authorize a 10% contingency in the amount of $7,175; 3) authorize the expenditure of budgeted funds in the total amount of $238,025 from Account No. 236-4195-454-3090. Action: D. REQUEST FOR APPROVAL OF GRANT FUNDING FOR MONTESSORI SCHOOL OF THE DESERT, PALM DESERT, FROM THE CITY'S CHILD CARE DEVELOPMENT FEES FUND 228 FOR PLAYGROUND IMPROVEMENTS. Rec: By Minute Motion: 1) Approve a $43,000 grant to Montessori School for playground and facility upgrades; 2) appropriate $43,000 from the Child Care Mitigation Fund 228; 3) authorize the City Manager to execute the required agreement (Contract No. C24590). Action: E. REQUEST FOR APPROVAL OF CURATOR SERVICES FOR THE 2006/07 EL PASEO EXHIBITION (CONTRACT NO. C24600). Rec: By Minute Motion: 1) Approve Russell Jacques as curator of the 2006/07 El Paseo Exhibition; 2) award him a $5,000 honorarium. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2005 8 F. CONSIDERATION OF REQUEST FOR SPONSORSHIP OF FASHION WEEK EL PASEO, MARCH 20-26, 2006. Rec: By Minute Motion: 1) Concur with the recommendation of the Marketing Committee to sponsor the 2006 Fashion Week El Paseo Event in the amount of $50,000; 2) appropriate said funds from the Unobligated General Fund to Account No. 110-4417-414-3222. Action: G. REQUEST FOR AWARD OF BID FOR PAINT STENCIL TRUCK. Rec: By Minute Motion, award purchase of a paint stencil truck to Fritts Ford, Riverside, California, in the amount of $65,997.48 -- funds are available in the FY 2005/06 Vehicle Replacement Fund. Action: H. CONSIDERATION OF RECOMMENDATION BY THE HISTORIC PRESERVATION COMMITTEE RELATIVE TO IDENTIFYING A POTENTIAL HISTORIC SITE, PALM DESERT LODGE, 74-527 HIGHWAY 111. Rec: To be provided following the Special Meeting of the Historic Preservation Committee on Friday, November 4, 2005. Action: XI. CONTINUED BUSINESS None POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2005 9 XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 2 TO CONTRACT NO. C23090 -- CIVIC CENTER PARK PUMP STATION PROJECT (PROJECT NO. 720-01). Rec: By Minute Motion: 1) Approve Change Order No. 2 in the amount of $76,054.31 to the subject contract with Cora Constructors, Palm Desert, California, and authorize the Mayor to execute same; 2) transfer $7,752.91 from contingency to base for the subject project; 3) appropriate $68,301.40 from Unobligated Fund 400 to Account No. 400-4674-454-4001 for the subject contract. Action: XIII. PUBLIC HEARINGS A. CONSIDERATION OF THE CLOSURE OF ALASKA AVENUE AT FRED WARING DRIVE. Rec: Waive further reading and adopt Resolution No. 05-100, authorizing closure of Alaska Avenue at Fred Waring Drive. Action: B. CONSIDERATION OF THE ABANDONMENT OF A PORTION OF PUBLIC UTILITY EASEMENT AFFECTING LOTS 122 & 123, AS SHOWN ON THE COUNTRY CLUB VILLAGE NO. 1 SUBDIVISION MAP (SHERYL AVENUE) UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS & HIGHWAYS CODE (Travis Bunker, Applicant). Rec: Waive further reading and adopt Resolution No. 05-101, authorizing abandonment of the subject public utility easement. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2005 10 C. REQUEST FOR APPROVAL OF A PARCEL MAP TO SUBDIVIDE A COMMON LOT, CREATING A HOME SITE AND COMPLIANCE WITH AN IMPLEMENTATION AGREEMENT AT THE CORNER OF METATE PLACE WITHIN THE "MOUNTAINS AT BIGHORN" GOLF CLUB Case No. PM 33996 (Bighorn Development, Applicant). Rec: Waive further reading and adopt Resolution No. 05-102, approving Case No. PM 33996 and determining the application to comply with the implementation agreement. Action: D. CONSIDERATION OF AN AMENDMENT TO THE CITY'S GENERAL PLAN LAND USE ELEMENT, REMOVING OFFICE PROFESSIONAL (C-OP) FROM 13 LOTS ON THE WEST SIDE OF PORTOLA AVENUE BETWEEN FRED WARING DRIVE AND DE ANZA WAY Case No. GPA 05-01 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt Resolution No. 05-103, approving Case No. GPA 05-01. Action: E. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT, CHANGE OF ZONE, PRECISE PLAN OF DESIGN, INCLUDING A HEIGHT EXCEPTION FOR THE APARTMENT PORTION OF THE PROJECT, PARCEL MAP, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A 758-UNIT RESIDENTIAL PROJECT (608 CONDOMINIUM UNITS AND 150 APARTMENT UNITS) ON 79.6 ACRES AT THE NORTHEAST CORNER OF FRANK SINATRA DRIVE AND GERALD FORD DRIVE (76-000 FRANK SINATRA DRIVE - EXISTING EMERALD DESERT RV PARK) Case Nos. GPA 05-02, C/Z 05-02, PP 05-12 and TT 33837 (Taylor Woodrow, Inc., and Emerald Brooks LLC, Applicants). Rec: Waive further reading and: 1) Adopt Resolution No. 05-104, approving Case No. GPA 05-02; 2) pass Ordinance No. 1103 to second reading, relating to Case No. C/Z 05-02; 3) adopt Resolution No. 05-105, approving Case Nos. PP 05-12 and TT 33837, including a height exception for the apartment project, subject to conditions. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2005 11 F. CONSIDERATION OF A ZONING ORDINANCE AMENDMENT, ADDING SECTION 25.112 TO THE PALM DESERT MUNICIPAL CODE REGARDING "EXCEPTIONS BASED ON UNCONSTITUTIONAL TAKINGS" Case No. ZOA 5-3 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1104 to second reading, approving Case No. ZOA 5-3. Action: G. ANNUAL REPORT OF THE CALCULATION OF CALIFORNIA GOVERNMENT CODE SECTION 66006, DEVELOPMENT IMPACT FEES FOR THE CITY OF PALM DESERT AS OF JUNE 30, 2005. Rec: 1) Receive public testimony on the Annual Report and findings. 2) Waive further reading and adopt Resolution No. 05-106, making certain findings pursuant to California Government Code Sections 66--1 and 66006. Action: XIV. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Reminder of Special City Council Meeting Thursday, November 17, 2005, 2:00 p.m. -- Public Hearing for the Art Smith to Mirage Trail Environmental Assessment. Action: 2. Reminder of Committee/Commission Applicant Interview Study Sessions on Monday, November 28, 2005, and on Friday, December 2, 2005. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2005 12 D. PUBLIC SAFETY O Fire Department O Police Department E. 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, Redevelopment Agency, or Financing 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 Financing Authority Boards. Because the Brown Act does not allow the City Council, Redevelopment Agency, or Financing 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 Financing Authority meeting. XVI. ADJOURNMENT POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 2005 13 FUTURE MEETINGS: November 15, 2005 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission -CANCELED- November 16, 2005 8:30 a.m. Art In Public Places Commission Visitor Info. Ctr.-72567 Hwy. 111 3:00 p.m. Library Promotion Committee Administrative Conference Room November 17, 2005 2:00 p.m. Special City Council Meeting Public Hearing – Trails Civic Center Council Chamber 3:00 p.m. Sister Cities Committee Administrative Conference Room November 21, 2005 3:00 p.m. Citizens’ Adv. Cmte.-Project Area #4 Administrative Conference Room November 22, 2005 12:00 p.m. Architectural Review Commission Community Services Conference Room November 23, 2005 10:30 a.m. Investment & Finance Committee North Wing Conference Room November 24, 2005 3:00 p.m. Regular City Council/RDA Meetings -CANCELED- Thanksgiving Holiday November 28, 2005 10:00 a.m. Historic Preservation Committee Administrative Conference Room December 6, 2005 6:00 p.m. Planning Commission Civic Center Council Chamber 6:00 p.m. Youth Committee Administrative Conference Room December 7, 2005 8:30 a.m. Parks & Recreation Commission Administrative Conference Room December 8, 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 4th day of November, 2005. Rachelle D. Klassen, City Clerk