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Home My WebLink About2006-04-13 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 13, 2006 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. 118, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Goodwill Industries of Southern California 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: 3 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE PARKS & RECREATION COMMISSION. Rec: By Minute Motion, appoint J. David Garcia as an Alternate Member to the Parks & Recreation Commission for a four-year term (1/1/06- 12/31/09). Action: B. APPOINTMENT OF A MEMBER OF THE CITY COUNCIL TO SERVE AS ITS REPRESENTATIVE TO THE SUNLINE TRANSIT AUTHORITY. Rec: By Minute Motion, appoint a member of the City Council to serve on the SunLine Transit Authority. 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 Regular City Council Meeting of March 23, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 192, 193, 194, 197, and 200. Rec: Approve as presented. C. SINGLE AUDIT of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2005. Rec: Receive and file. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meetings of January 17 and February 21, 2006. 2. Parks & Recreation Commission Meeting of February 21, 2006. Rec: Receive and file. E. RESIGNATION of Tarah Fenelon-Nolan from the Youth Committee. Rec: Receive with very sincere regret. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by SC Restaurants, Inc., for Mallard's, 73-101 Highway 111, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by AJ's Grill, 73- 609 Highway 111, Palm Desert. Rec: Receive and file. H. REQUEST FOR APPROVAL of Contract for Audit Services for the City of Palm Desert, Palm Desert Redevelopment Agency, Desert Willow Golf Resort, Palm Desert Recreational Facilities Corporation, and the Palm Desert Housing Authority for the Fiscal Year Ending June 30, 2006 (Contract No. C20184). Rec: By Minute Motion, approve the subject contract with Lance, Soll & Lunghard, LLP, Brea, California. I. REQUEST FOR DECLARATION of Surplus Property and Authorization for Appropriate Disposal (Miscellaneous Computer and Electronic Equipment). Rec: By Minute Motion, declare items listed in the accompanying staff report's Exhibit "A" as surplus and authorize disposal as recommended. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 J. REQUEST FOR DECLARATION of the City's Nuclear Gauge as Surplus Property and Authorize its Sale to the Highest Bidder. Rec: By Minute Motion, concur with staff that City property known as the Troxler 3411B Nuclear Gauge is no longer needed; therefore, declare it surplus property and authorize the Director of Public Works to sell it to the highest bidder. K. REQUEST FOR ACCEPTANCE OF WORK for the 2005 Citywide Resurfacing Program (Contract No. C23820, Project No. 752-05) (Yeager Skanska, 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. L. REQUEST FOR APPROVAL of Policy Regarding Installation of Directional Signs to Religious Institutions. Rec: By Minute Motion, adopt a policy stating that the City of Palm Desert will install no more than two (2) directional signs to religious institutions; authorize the Director of Public Works to receive and approve such requests. M. REQUEST FOR APPROVAL of Out-of-State Travel for the 2006 Landscape Design Conference. Rec: By Minute Motion, authorize the subject request for the Landscape Specialist to travel to Litchfield Park, Arizona, May 5-6, 2006 -- funds are available in Account No. 110-4614-453-3120. N. REPORT on Falcon Crest Sales Program Summary (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. Action: VII. CONSENT ITEMS HELD OVER 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 VIII. RESOLUTIONS None IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1113 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 15.04.020 OF THE PALM DESERT MUNICIPAL CODE (PDMC), AMENDMENT TO THE CALIFORNIA BUILDING CODE, CBC SECTION 107.2, PERMIT FEES. Rec: Waive further reading and adopt. Action: B. ORDINANCE NO. 1114 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING A NEW CHAPTER 15.40 TO TITLE 15 OF THE PALM DESERT MUNICIPAL CODE, RELATIVE TO PLACARDS USED TO DENOTE CONDITIONS WITH REGARD TO CONTINUED OCCUPANCY OF BUILDINGS. Rec: Waive further reading and adopt. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 X. NEW BUSINESS A. REQUEST FOR APPROVAL OF CONVEYANCE AND EXCHANGE AGREEMENTS FOR 10 ACRES (+/-) LOCATED ADJACENT TO DESERT WILLOW GOLF RESORT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: Waive further reading and adopt: 1) City Council Resolution No. 06-44, approving as to form and authorizing the execution and delivery of a Conveyance Agreement (Contract No. C25080A) and an Exchange Agreement (C25080B) with Sanderson J. Ray/Desert Springs Partners, L.P.; 2) Redevelopment Agency Resolution No. 523, approving as to form and authorizing the execution and delivery of a Conveyance Agreement with Sanderson J. Ray/Desert Springs Partners, L.P. Action: B. REQUEST FOR AWARD OF CONTRACT FOR THE 2006 CITYWIDE SLURRY SEAL PROGRAM (CONTRACT NO. C24360, PROJECT NO. 751-06). Rec: By Minute Motion: 1) Award the subject contract to American Asphalt South, Inc., Fontana, California, in the amount of $492,340; 2) approve a 10% contingency in the amount of $49,234; 3) authorize the Mayor to execute the subject agreement -- funds are available in Account No. 110-4311-433-3320. Action: C. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF CALLE DE LOS CAMPESINOS (CONTRACT NO. C24480, PROJECT NO. 608-04). Rec: By Minute Motion: 1) Award the subject contract to D & L Wheeler Enterprises, Yucaipa, California, in the amount of $241,840; 2) approve a 10% contingency in the amount of $24,184.50; 3) authorize the Mayor to execute the subject agreement; 4) authorize the transfer of $150,000 in budget funds from Account No. 400-4515-433-4001 to Account No. 400-4379-433-4001 for this project. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 D. REQUEST FOR AWARD OF CONTRACT FOR CITYWIDE TREE PRUNING PROGRAM (CONTRACT NO. C24960, PROJECT NO. 932- 06). Rec: By Minute Motion, award the subject contract to Tree Rite, Bermuda Dunes, California, in the amount of $151,635.37, authorize a 10% contingency in the amount of $15,163.54 and the Mayor to execute said contract -- funds are available in General Fund, Assessment District Fund 200, and Housing Authority Facility Budgets. Action: E. REQUEST FOR AWARD OF CONTRACT FOR CITYWIDE PALM TREE PRUNING AND REMOVAL PROGRAM (CONTRACT NO. C24970, PROJECT NO. 931-06). Rec: By Minute Motion, award the subject contract to Town and Country Tree Service, Barstow, California, in the amount of $66,175, authorize a 10% contingency in the amount of $6,617.50 and the Mayor to execute said contract -- funds are available in various General Fund, Assessment District Fund 200, and Housing Authority Facility Budgets. Action: F. REQUEST FOR APPROVAL OF ON-CALL PROFESSIONAL LANDSCAPE PLAN CHECK SERVICES FOR THE DEPARTMENT OF PUBLIC WORKS (CONTRACT NOS. C25110A-C). Rec: By Minute Motion, authorize the City Manager to execute agreements with recommended consultants for the subject services: 1) Lori A. Gavitt, Palm Desert, California; 2) Community Works Design Group, Riverside, California; 3) David Evans & Associates, Palm Desert, California -- funds are available in Account No. 110-4300-413-3010. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 G. REQUEST FOR APPROVAL OF COST DISTRIBUTION AGREEMENT WITH STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR THE TRAFFIC SIGNAL AT STATE ROUTE 74 AND SHADOW MOUNTAIN DRIVE (CONTRACT NO. C25120). Rec: By Minute Motion, authorize the Mayor to execute the subject agreement for maintenance of the subject traffic signal. Action: H. REQUEST FOR APPROVAL OF FUNDING FOR DESIGN, PRODUCTION, AND INSTALLATION OF A BILLBOARD ON INTERSTATE 10 FOR A ONE-YEAR PERIOD (CONTRACT NO. C25130). Rec: By Minute Motion: 1) Approve the design, production, and installation of a billboard eastbound on Interstate 10 between Date Palm and Bob Hope Drives for a one-year period; 2) appropriate funds in an amount not to exceed $73,000 from the Unobligated Citywide Business License Fund for this purpose; 3) authorize the City Manager to enter into a one-year contract for billboard rental services. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 I. CONSIDERATION OF THE INITIATION OF PROCEEDINGS TO RE- FORM THE PRESIDENTS' PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT. Rec: Waive further reading and adopt: 1) Resolution No. 06-45, initiating proceedings for the formation of Presidents' Plaza III Property and Business Improvement District. 2) Resolution No. 06-46, describing the proposed improvements and services, and approving the Preliminary Management District Plan for said District. 3) Resolution No. 06-47, granting preliminary approval of the Engineer's Report regarding formation of said District. 4) Resolution No. 06-48, declaring the intention to form the Presidents' Plaza III Property and Business Improvement District, the levy of assessments, and the call for an assessment ballot proceeding to submit to the qualified property owners within such district the question of levying such assessments commencing with Fiscal Year 2006/07. Action: J. REQUEST FOR APPROVAL OF THE INSTALLATION OF A DISC GOLF COURSE AT THE PALM DESERT SOCCER PARK LOCATED ON HOVLEY LANE. Rec: By Minute Motion: 1) Approve the installation of a disc golf course at Palm Desert Soccer Park located on Hovley Lane; 2) allocate an amount not to exceed $6,000 from the Park Maintenance Fund, Account No. 110-4611-453-3320 for this purpose. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 K. REQUEST FOR APPROVAL OF THE CONSOLIDATION OF TWO EXISTING AGREEMENTS FOR IN-HOUSE SUPPLEMENTAL ENGINEERING SUPPORT INTO NEW CONTRACT FOR EXPANDED SCOPE OF WORK (CONTRACT NO. C25140). Rec: By Minute Motion, replace Contract Nos. C24830 and C24070A with Joseph S. Gaugush, P.E., with the subject contract to expand the scope of professional services provided and change the hourly rate accordingly. Action: XI. CONTINUED BUSINESS A. CITY COUNCIL REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION DECISION, DENYING A REQUEST FOR APPROVAL OF 14-FOOT HIGH SOUND BARRIER WALL SYSTEM (GLASS BLOCK TYPE) AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND PAINTER'S PATH (72-191 HIGHWAY 111), PALM DESERT Case No. MISC 06-04 (South Beach Restaurant & Nightclub, Applicant) (Continued from the meetings of March 9 and March 23, 2006). Rec: By Minute Motion, reaffirm the action of the Architectural Review Commission (ARC), denying the proposed 14-foot high sound barrier wall. Action: B. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 9, 2006 (Continued from the meeting of March 23, 2006). Rec: By Minute Motion, approve as presented. Action: C. REVIEW OF INTERPRETATION OF SECOND UNIT SIZE LIMITATION LANGUAGE (Continued from the meeting of March 23, 2006). Rec: By Minute Motion, receive and file the report. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 D. ORDINANCE NO. 1115 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING ORDINANCE NOS. 741 AND 761, THEREBY REVOKING THE THROUGH COMMERCIAL VEHICLE PROHIBITION ON FRED WARING DRIVE AND DESIGNATING WASHINGTON STREET AND DINAH SHORE DRIVE AS TRUCK ROUTES (Continued from the meeting of March 23, 2006). Rec: By Minute Motion, continue the matter to a date uncertain. Action: XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF CONTRACT AMENDMENT NO. 1 TO CONTRACT NO. C24350 -- CURB, GUTTER, AND CROSS GUTTER REPAIR PROGRAM. Rec: By Minute Motion, approve Contract Amendment No. 1 in the amount of $77,122 to the subject contract with Contreras Construction Company, Indio, California, to include four additional locations in the subject program. Action: B. REQUEST FOR APPROVAL OF ACTIONS RELATED TO FORMATION OF THE PALM DESERT HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01. Rec: Waive further reading and adopt: 1) Resolution No. 06-49, declaring the intention to order improvements for proposed Highlands Utility Undergrounding Assessment District No. 04-01 and approving and adopting a modified boundary map in connection therewith. 2) Resolution No. 06-50, approving the Engineer's Report for the Highlands Utility Undergrounding Assessment District No. 04-01 and setting a time and place for hearing protests and calling a hearing pursuant to Section 12.12.020 of the Palm Desert Municipal Code. Action: 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 C. CONSIDERATION OF SCULPTURE PROPOSALS FOR THE PALMA VILLAGE NEIGHBORHOOD PARK. Rec: 1) Select one of the three sculpture proposals for the Palma Village Neighborhood Park: a) "The Runner" by Jorge Blanco ($10,000); b) "Giraffe" by Frederick Prescott ($12,500); c) "Hanging Around" by Mark Hopkins ($16,000). 2) By Minute Motion, authorize the Mayor to execute the purchase agreement on behalf of the City for the selected sculpture (Contract No. C25150) -- funds are available in Account No. 436-4650-454- 4001. Action: XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) WITH GREGORY & GREGORY, LLC, AND SUMMARY REPORT FOR 0.14 ACRES LOCATED AT 74-039 SAN MARINO CIRCLE, PALM DESERT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: Waive further reading and adopt: 1) City Council Resolution No. 06-37A, approving the sale by the Palm Desert Redevelopment Agency to Gregory & Gregory, LLC, Palm Desert, California, of approximately 0.14 acres of real property on a parcel located on San Marino Circle, Palm Desert, California; 2) Redevelopment Agency Resolution No. 522A, approving the sale to Gregory & Gregory, LLC, Palm Desert, California, of approximately 0.14 acres of real property on a parcel located on San Marino Circle, Palm Desert, California. Action: 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 B. CONSIDERATION OF THE APPROVAL OF THE ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT. Rec: Waive further reading and adopt: 1) Resolution No. 06-51, declaring the results of the property owner protest proceeding for the formation of the Alessandro Alley Property and Business Improvement District; 2) Resolution No. 06-52, approving and/or amending the Engineer's Report regarding formation of said District; 3) Resolution No. 06-53, approving the Final Management District Plan for said District, Fiscal Year 2006/07; 4) Resolution No. 06-54, ordering formation of the Alessandro Alley Property and Business Improvement District, and the levy and collection of assessments for FY 2006/07. Action: C. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW A 10,521 SQURE FOOT, SINGLE-FAMILY HOME WITHIN THE HILLSIDE PLANNED RESIDENTIAL ZONE -- PROPERTY LOCATED AT 623 INDIAN COVE, WITHIN THE CANYONS AT BIGHORN (APN 771- 480-004) Case No. PP/HPD 06-03 (Rick Somers Construction, Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 06-55, approving a Precise Plan of Design to allow construction of a 10,521 square foot, single-family home within the Hillside Planned Residential Zone. Action: XIV. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o Police Department 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of an Appropriate Memorial for Cap Homme (Councilman 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 14 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2006 FUTURE MEETINGS: April 17, 2006 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room April 18, 2006 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 Civic Center Council Chamber April 19, 2006 9:00 a.m. Art In Public Places Commission Visitor Center – 72567 Highway 111 3:00 p.m. Library Promotion Committee Administrative Conference Room April 20, 2006 3:00 p.m. Sister Cities Committee Administrative Conference Room April 24, 2006 10:00 a.m. Historic Preservation Committee Administrative Conference Room April 25, 2006 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room April 27, 2006 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 April, 2006. Rachelle D. Klassen, City Clerk 15