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HomeMy WebLinkAbout2005-10-13 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 13, 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 Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Right-of-way Acquisition -- Monterey Avenue/I-10 Interchange Modification (APNs 653-170-039, -041, - 042) Negotiating Parties: Agency: Carlos L. Ortega/Mark Greenwood/ City of Palm Desert Property Owner: Andrew Stevens Under Negotiation: x Price x Terms of Payment 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 IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 2 V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION BY SUNLINE TRANSIT AGENCY -- TRANSPORTATION MANAGEMENT DESIGN. Rec: Presentation to be made at the meeting. Action: B. APPOINTMENT TO THE PALM DESERT YOUTH COMMITTEE. Rec: By Minute Motion, appoint Elle Wohlmuth to the Palm Desert Youth Committee to fill one of the current vacancies (term 12/31/05). 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 VII, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular City Council Meeting of September 22, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 69 and 70. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meeting of August 29, 2005. 2. Library Promotion Committee Meeting of May 18, 2005. 3. Marketing Committee Meeting of June 21, 2005. 4. Parks & Recreation Commission Meeting of September 7, 2005. 5. Public Safety Commission Meeting of May 11, 2005. 6. Sister Cities Committee Meeting of July 21, 2005. Rec: Receive and file. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 3 D. LETTER OF RESIGNATION from Susan Stauber -- El Paseo Business Improvement District Board of Directors. Rec: Receive with very sincere regret. E. LETTER OF RESIGNATION from Briana Kirkwood -- Sister Cities Committee. Rec: Receive with very sincere regret. F. REQUEST FOR APPROVAL of Agreement for Special Counsel Services for Mobile Home Park Rent Control (Contract No. C24380). Rec: By Minute Motion, approve the subject agreement between the City of Palm Desert and Endeman, Lincoln, Turek & Heater LLP, and authorize the Mayor to execute same. G. REQUEST FOR APPROVAL of Fireworks Display for the 2005 Holiday Tree Lighting Ceremony (Contract No. C24390). Rec: By Minute Motion, approve the subject contract with PyroSpectaculars by Souza, Inc., Rialto, California, in the amount of $3,148 for professional staff and pyrotechnic supplies for the annual Holiday Tree Lighting Ceremony scheduled to be held November 22, 2005, at Desert Springs Resort, a J.W. Marriott Resort & Spa, and authorize the Mayor to execute said contract -- funds are available in Account No. 110-4416-414-3061, and no appropriation is needed or requested. H. REQUEST FOR APPROVAL of Delta Dental Contract Renewal (Contract No. C16131). Rec: By Minute Motion, authorize the Mayor to execute the subject contract renewal with Delta Dental through June 30, 2007. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 4 I. REQUEST FOR DECLARATION of Two Fire Department Ambulances as Surplus Equipment. Rec: By Minute Motion, declare two ambulances as surplus equipment, as recommended by the Palm Desert Public Safety Commission, with the suggestion that consideration be given to donating the ambulances to a Palm Desert Sister City or to the Gulf Coast region. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22370C -- Installation of a Computerized Irrigation System at Desert Willow Golf Resort (Flowtronex PSI, Inc., Riverside, 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. K. REQUEST FOR AUTHORIZATION to Release Improvement Securities for Tract No. 30738 (Venezia) (GHA Paloma Group II, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the improvement securities for Tract No. 30738. L. CONSIDERATION of the Sister Cities Committee Recommendation to Submit Articles of Incorporation to the California Secretary of State. Rec: By Minute Motion, concur with the Sister Cities Committee recommendation to submit Articles of Incorporation to the California Secretary of State. M. REQUEST FOR APPROVAL of Contract to Install/Remove, Maintain, and Store the City's Holiday Decorations (Contract No. C24400). Rec: By Minute Motion, authorize the City Manager to enter into the subject agreement with Jarvis Company, Brentwood, California, in the amount of $10,025.60 -- funds are available in Fund 400. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 5 N. CONSIDERATION of Request for Temporary Certificate of Occupancy for the Lowe's Project. Rec: By Minute Motion, concur with staff's recommendation to issue a temporary certificate of occupancy for the Lowe's Project prior to completion of the street improvements on Monterey Avenue and Gerald Ford Drive. O. INFORMATIONAL ITEMS: 1. Emergency Preparation Update 2. Report on Cost Sharing for Improvements in the Area of Desert Gateway Project 3. Update on the Hopalong Cassidy Trail. Action: VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS A. RESOLUTION NO. 05-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 25296-9 (Bighorn Development, LLC, Applicant). Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 05-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 33018 AND THE AGREEMENT RELATING THERETO (Pele Development, L.P., Applicant). Rec: Waive further reading and adopt. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 6 C. RESOLUTION NO. 05-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO ABANDON A PORTION OF PUBLIC UTILITY EASEMENT AFFECTING LOTS 122 & 123, DESCRIBED AS A PUBLIC UTILITY EASEMENT 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, AND FIXING A TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT (Travis Bunker, Applicant). Rec: Waive further reading and adopt. Action: D. RESOLUTION NO. 05-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC HEARING FOR CONSIDERATION OF THE CLOSURE OF ALASKA AVENUE AT FRED WARING DRIVE. Rec: Waive further reading and adopt. Action: E. RESOLUTION NO. 05-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR THE FORMATION OF MELLO-ROOS COMMUNITY FACILITIES DISTRICTS WITHIN THE CITY OF PALM DESERT. Rec: Waive further reading and adopt. Action: IX. ORDINANCES For Introduction: A. ORDINANCE NO. 1102 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 25.112 TO TITLE 25 OF THE PALM DESERT MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF PALM DESERT. Rec: Waive further reading and pass to second reading. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 7 For Adoption: A. ORDINANCE NO. 1101 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING A CHAPTER TO THE PALM DESERT MUNICIPAL CODE TO ESTABLISH A CHILD CARE FACILITIES IMPACT MITIGATION FEE FOR NON-RESIDENTIAL DEVELOPMENT. Rec: Waive further reading and adopt. Action: X. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTIONS APPROVING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR THE COST OF INSTALLATION AND CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS TO SERVE PLANNED AFFORDABLE SINGLE-FAMILY HOMES AND SENIOR RENTAL APARTMENTS (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: Waive further reading and adopt: 1) City Council Resolution No. 05-80, approving the cost of the installation and construction of certain public onsite and offsite improvements, including improvements for a 20-acre affordable housing project site. 2) Redevelopment Agency Resolution No. 507, approving the cost of the installation and construction of certain public onsite and offsite improvements, including improvements for a 20-acre affordable housing project site located within Project Area No. 3. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 8 B. REQUEST FOR ADOPTION OF RESOLUTIONS AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, REQUESTING BEGIN PROGRAM FUNDING (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Waive further reading and adopt City Council Resolution No. 05-81, authorizing the submittal of an application to the California Department of Housing and Community Development, requesting BEGIN Program funding in an amount up to $2,790,000 for down payment assistance for the 93 single-family residences at the 20-acre site. 2) By Minute Motion, authorize the City Manager to execute all documents that may be necessary to facilitate the application or award. 3) Waive further reading and adopt Redevelopment Agency Resolution No. 508, authorizing submittal of an application to the California Department of Housing and Community Development, requesting BEGIN Program funding in an amount up to $2,790,000 for down payment assistance for the 93 single-family residences at the 20-acre site. 4) By Minute Motion, authorize the Executive Director to execute all documents that may be necessary to facilitate the application or award. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 9 C. REQUEST FOR ADOPTION OF RESOLUTIONS TO ESTABLISH CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK). Rec: Waive further reading and adopt: 1) Resolution No. 05-87 to establish City of Palm Desert Community Facilities District No. 2005-1 (University Park) and to authorize the levy of a special tax within said District; 2) Resolution No. 05-88 to incur bonded indebtedness within the proposed City of Palm Desert Community Facilities District No. 2005-1 (University Park); 3) Resolution No. 05-89, appointing Finance Professionals in connection with the proposed formation of the Community Facilities District -- with this issuance of bonds for said District to be contingent upon the City's ability to secure performance bonds for the improvements to north and south sides of Gerald Ford Drive. Action: D. CONSIDERATION OF REQUEST FOR FUNDING OF A TRAVEL CHANNEL SEGMENT FEATURING DESERT WILLOW GOLF RESORT. Rec: By Minute Motion: 1) Concur with the recommendation of the Marketing Committee to contribute to the funding of Desert Willow Golf Resort's Travel Channel opportunity in the amount of $14,000; 2) appropriate $14,000 from the Unobligated General Fund Reserves for payment to Desert Willow for this purpose. Action: E. UPDATE ON THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN AND APPROVAL OF A JOINT POWERS AGREEMENT (JPA) CREATING THE COACHELLA VALLEY CONSERVATION COMMISSION (CVCC) TO IMPLEMENT THE PLAN (CONTRACT NO. C24410). Rec: By Minute Motion, authorize the Mayor to execute the subject agreement and appoint a CVCC Commissioner and an alternate. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 10 F. REQUEST FOR AUTHORIZATION TO INSTALL DIRECTIONAL SIGNS TO DESERT CITIES BAPTIST CHURCH IN TWO LOCATIONS. Rec: By Minute Motion, direct staff to install directional signs to Desert Cities Baptist Church at two locations: 1) Highway 74 at Pitahaya; 2) El Paseo at Painter's Path. Action: G. REQUEST FOR DIRECTION RELATIVE TO SITE SELECTION FOR A NEW CITY FIRE STATION. Rec: By Minute Motion, provide direction relative to site selection for a new City Fire Station that will serve the future needs of the City's North Sphere. Action: H. CONSIDERATION OF THE COMMISSIONING OF MARLO BARTELS' DESIGN AS THE PUBLIC ART PROJECT AT THE LOWE'S LOCATED AT 35-900 MONTEREY AVENUE (Lowe's Home Improvement Warehouse, Inc., Applicant). Rec: By Minute Motion: 1) Approve Marlo Bartels' design as the public art component for the Lowe's Project located at 35-900 Monterey Avenue; 2) appropriate $38,000 for future reimbursement as part of the Art In Public Places fee component for this project. Action: XI. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF TRACT MAP NO. 30438-2 (Stone Eagle Development, Applicant) (Continued from the meetings of September 8, and September 22, 2005). Rec: Waive further reading and adopt Resolution No. 05-73, approving the Final Subdivision Map of Tract No. 30438-2. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 11 B. REQUEST FOR APPROVAL OF EMPLOYMENT AGREEMENT WITH CITY MANAGER CARLOS L. ORTEGA (CONTRACT NO. 20161) (Continued from the meeting of September 22, 2005). Rec: By Minute Motion, approve the subject agreement and authorize the Mayor to execute same. Action: C. CONSIDERATION OF THE INSTALLATION OF ADDITIONAL PARKING RESTRICTIONS ON DEEP CANYON ROAD, NORTH OF FRED WARING DRIVE (Continued from the meeting of September 22, 2005). Rec: By Minute Motion, concur with staff's recommendation to install additional on-street parking restrictions on Deep Canyon Road after implementation of the Sacred Heart Church Master Plan. Action: XII. OLD BUSINESS A. CONSIDERATION OF REQUEST FOR SPONSORSHIP OF THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL, JANUARY 5 - 16, 2006. Rec: By Minute Motion, concur with the recommendation of the Marketing Committee and approve sponsorship of the 2006 Palm Springs International Film Festival in the amount of $50,000. Action: B. CONSIDERATION OF THE APPROVAL OF FINAL DESIGN DRAWINGS, SPECIFICALLY THE NORTH ELEVATION OF THE BEDROSIAN CERAMIC TILE AND STONE WAREHOUSE/SHOWROOM BUILDING AT 73-550 DINAH SHORE DRIVE Case No. PP 04-30 (Development Resource Consultants, Applicant). Rec: By Minute Motion, approve the final design drawings, including the north elevation of the Bedrosian Ceramic Tile and Stone Warehouse/Showroom building at 73-550 Dinah Shore Drive, Case No. PP 04-30. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 12 C. CONSIDERATION OF THE COMMISSIONING OF DESIGN BY LYNN BASA FOR THE PALMA VILLAGE NEIGHBORHOOD PARK FOUNTAIN FEATURE. Rec: By Minute Motion: 1) Approve one design by Lynn Basa for the Palma Village Neighborhood Park Fountain Feature; 2) approve Contract No. C23840 with Lynn Basa for creation of said Fountain Feature in the amount of $10,000 and authorize the Mayor to execute same -- funds are available in Account No. 436-4650-454- 4001. Action: D. REQUEST FOR APPROVAL OF SIX DESIGN PROPOSALS FOR THE "EMBRACING THE DESERT" PROJECT. Rec: By Minute Motion: 1) Approve the "Embracing the Desert" design proposals, as recommended by the Art In Public Places Commission; 2) approve contracts with each of the six designers in the amount of $6,500 each and authorize the Mayor to execute same (Contract Nos. C24430A-F). Action: E. REQUEST FOR CITY COUNCIL DIRECTION RELATIVE TO THE PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (CVA) REORGANIZATION. Rec: By Minute Motion, provide the City Council liaison to the CVA with an official position on its proposed reorganization. Action: XIII. PUBLIC HEARINGS A. REQUEST FOR ACCEPTANCE OF CAL COPS (SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING - SLESF) GRANT AWARD IN THE AMOUNT OF $100,000. Rec: By Minute Motion, accept the Cal COPS - SLESF Grant Award of $100,000 to be used to cover the proposed staffing cost for the 2005 Holiday Theft Suppression Program and the acquisition of necessary equipment to support front line law enforcement services. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 13 XIV. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Request for Sponsorship of the Retired and Senior Volunteer Program (RSVP) Recognition Celebration in the Amount of $2,340 (Mayor Buford A. Crites). 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 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. XVI. ADJOURNMENT POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2005 14 FUTURE MEETINGS: October 17, 2005 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room October 18, 2005 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 2:00 p.m. Marketing Committee Visitor Info. Ctr.-72567 Highway 111 6:00 p.m. Planning Commission Civic Center Council Chamber October 19, 2005 8:30 a.m. Art In Public Places Commission Administrative Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room October 20, 2005 3:00 p.m. Sister Cities Committee Administrative Conference Room October 25, 2005 12:00 p.m. Architectural Review Commission Community Services Conference Room October 26, 2005 10:30 a.m. Investment & Finance Committee North Wing Conference Room October 27, 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 7th day of October, 2005. Rachelle D. Klassen, City Clerk