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Home My WebLink About2005-09-22 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 22, 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: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 102, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: County of Riverside - Fire Marshal Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 106, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Coachella Valley Economic Partnership Under Negotiation: x Price x Terms of Payment 3) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 114 Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Palm Desert Chamber of Commerce Under Negotiation: x Price x Terms of Payment POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 4) Property: APNs 653-280-035/036 Negotiating Parties: Agency: Carlos L. Ortega/Mark D. Greenwood/City of Palm Desert Property Owner: Matthew Johnson/Michael Marix Other Parties: Under Negotiation: x Price x Terms of Payment 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 Agenda 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 XI, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular City Council Meeting of September 8, 2005. Rec: Approve as presented B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 54, 55, 56, 59, 60, 64, 67, and 68. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meeting of July 25, 2005. D. 2. Parks & Recreation Commission Meeting of June 1, 2005. E. 3. Youth Committee Meeting of July 9, 2005. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 Rec: Receive and file. D. LETTER OF RESIGNATION from Charles Helsper -- Housing Commission Rec: Receive with very sincere regret. E. LETTER OF RESIGNATION from Dan Seymour -- Parks & Recreation Commission. Rec: Receive with very sincere regret. F. NOTICE OF RESIGNATION from Rhonda Rockwell -- Historic Preservation Committee. Rec: Receive with very sincere regret. G. REQUEST FOR AUTHORIZATION to Provide Funding for Lifeguard Training Program in Palm Desert's Sister City, Ixtapa-Zihuatanejo, Mexico. Rec: By Minute Motion, authorize the subject expenditure of funds in the amount of $2,000 from the Sister Cities Budget for Humanitarian Outreach -- funds are available in Account No. 110-4416-424-3126, and no additional appropriation is required. H. REQUEST FOR ADOPTION of Resolutions, Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged for the Months of April and May 2005. Rec: Waive further reading and adopt: 1) Resolution No. 05-75 for records from the month of April 2005; 2) Resolution No. 05-76 for records from the month of May 2005. I. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) for Participation in an After School Program and Palm Desert Middle School (Contract No. C24190A). Rec: By Minute Motion, authorize the Mayor to execute the subject MOU between the Desert Sands Unified School District, Coachella Valley POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 Recreation & Park District, and the City for participation in the subject After School Program in the amount of $30,439. J. REQUEST FOR APPROVAL of the Possession and Consumption of Alcohol in Connection with the Visitor Information Center Grand Opening on September 23, 2005. Rec: By Minute Motion, permit the possession and consumption of alcoholic beverages on City-owned property in connection with the VIP Grand Opening of the Visitor Information Center to be held Friday, September 23, 2005. K. INFORMATIONAL ITEMS: 1. Report Concerning Union Pacific Railroad / Interstate 10 Noise for Adjacent Properties at Regency Palms. Rec: VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS A. RESOLUTION NO. 05-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING AND PROVIDING FOR THE DISPOSITION OF SURPLUS IN THE IMPROVEMET FUND IN CONNECTION WITH THE SILVER SPUR RANCH UTILITY UNDERGROUNDING DISTRICT NO. 01-01. Rec: Waive further reading and adopt. Action: IX. ORDINANCES For Introduction: None For Adoption: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 A. ORDINANCE NO. 1099 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONCERNING THE PROCESSING OF CLAIMS. Rec: Waive further reading and adopt. Action: B. ORDINANCE NO. 1100 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.21 OF THE PALM DESERT MUNICIPAL CODE RELATING TO REQUIREMENTS FOR SECOND UNIT HOUSING Case No. ZOA 05-02 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt. Action: X. NEW BUSINESS A. REQUEST FOR APPROVAL OF EMPLOYMENT AGREEMENT WITH CITY MANAGER CARLOS L. ORTEGA (CONTRACT NO. C20161). Rec: By Minute Motion, approve the subject agreement and authorize the Mayor to execute same. Action: B. REQUEST FOR APPROVAL OF THE PURCHASE OF REPLACEMENT HOLIDAY DECORATIONS. Rec: By Minute Motion: 1) Authorize the City Manager to purchase holiday decorations from Harrington Decorating Company, Inc., Huntington Beach, California, in the amount of $51,864.20; 2) declare that Harrington Decorating Company, Inc., should be classified as a sole source bid due to copyright of their design and manufacturing process. Action: C. REQUEST FOR AWARD OF CONTRACT FOR THE PRESIDENT'S PLAZA III PARKING LOT SLURRY SEAL AND REPAIR (CONTRACT NO. C24120). Rec: By Minute Motion: 1) Award the subject contract to Pacific Asphalt Services, Ontario, California, in the amount of $51,500 and authorize a 10% contingency for same; 2) appropriate $29,567 from POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 the President's Plaza III Parking Lot Reserve Fund; 3) authorize the Mayor to execute said contract. Action: D. REQUEST FOR AWARD OF CONTRACT FOR ENGINEERING SERVICES FOR NORTH SPHERE DRAINAGE STUDY (CONTRACT NO. C24330, PROJECT NO. 517-05). Rec: By Minute Motion, award the subject contract to Van Dell and Associates, Inc., Corona, California, in the amount of $377,924, authorize a 10% contingency, and authorize the Mayor to execute same -- funds are available in Account No. 232-4370-433-3010. Action: E. REQUEST FOR AWARD OF CONTRACT FOR GIS CONSULTING SERVICES (CONTRACT NO. C24340). Rec: By Minute Motion, award the subject contract to RBF Consulting, Inc., Palm Desert, California, in the amount of $69,484, set aside a 10% contingency for the services, and authorize the Mayor to execute same -- funds are available in Account No. 110-4300-413- 3010. Action: F. REQUEST FOR APPROVAL OF DEVELOPMENT FEES AND REIMBURSEMENTS FOR PARCEL MAP NO. 30502 (WAL-MART) (Bill Carver/Carver Companies, Applicant). Rec: By Minute Motion, approve a credit in the amount of $350,868 to Parcel Map No. 30502 against that project's development fees of $600,000 as contribution to the Monterey Interchange Loop Ramp Retrofit Project and the westbound Dinah Shore Drive free right- turn lane onto Monterey Avenue. Action: G. REQUEST FOR CONSIDERATION OF A CITYWIDE ENERGY CONSERVATION/EFFICIENCY PROGRAM AS DRAFTED AT THE ASPEN ACCORD MEETING IN AUGUST 2005. Rec: By Minute Motion: 1) Concur with the initial findings of the report; 2) direct the City Manager to bring back a detailed report for the creation of a Department of Energy Management, staffing for same, and a funding application, all for future City Council consideration. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 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, August 25, and September 8, 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: B. REQUEST FOR APPROVAL OF TRACT MAP NO. 30438-2 (Stone Eagle Development, Applicant) (Continued from the meeting of September 8, 2005). Rec: Waive further reading and adopt Resolution No. 05-73, approving the Final Subdivision Map of Tract No. 30438-2. Action: C. REQUEST FOR APPROVAL OF PARCEL MAP NO. 31515 (Rick & Fred Evans, Applicants) (Continued from the meeting of September 8, 2005). Rec: Waive further reading and adopt Resolution No. 05-74, approving Parcel Map No. 31515 and the agreement relating thereto. Action: XII. OLD BUSINESS A. CONSIDERATION OF THE INSTALLATION OF ADDITIONAL PARKING RESTRICTIONS ON DEEP CANYON ROAD, NORTH OF FRED WARING DRIVE. 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: B. REQUEST FOR AUTHORIZATION TO INSTALL COUNTDOWN PEDESTRIAN SIGNALS AT THE INTERSECTION OF HIGHWAY 111 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 AND HIGHWAY 74 IMMEDIATELY AFTER ASSUMING JURISDICTION OVER THE HIGHWAYS. Rec: By Minute Motion, direct staff to install countdown pedestrian signals at the intersection of Highways 111 and 74 immediately after assuming jurisdiction over them. Action: XIII. PUBLIC HEARINGS A. CONSIDERATION OF A CHILD CARE FACILITIES COMMERCIAL DEVELOPMENT IMPACT MITIGATION FEE PURSUANT TO THE FINDINGS OF A NEW NEXUS STUDY. Rec: Waive further reading and: 1) Adopt Resolution No. 05-78, adopting the Master Plan; 2) pass Ordinance No. 1101 to second reading, establishing the fee; 3) adopt Resolution No. 05-79, setting the formula and Child Care Facilities Commercial Development Impact Mitigation Fee. Action: XIV. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 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: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 2005 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 FUTURE MEETINGS: September 26, 2005 10:00 a.m. Historic Preservation Committee Administrative Conference Room September 27, 2005 12:00 p.m. Architectural Review Commission Community Services Conference Room September 28, 2005 10:30 a.m. Investment & Finance Committee North Wing Conference Room October 4, 2005 6:00 p.m. Planning Commission Civic Center Council Chamber 6:00 p.m. Youth Committee Administrative Conference Room October 5, 2005 8:30 a.m. Parks & Recreation Commission Administrative Conference Room October 11, 2005 12:00 p.m. Architectural Review Commission Community Services Conference Room October 12, 2005 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room October 13, 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 16th day of September, 2005. Rachelle D. Klassen, City Clerk