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HomeMy WebLinkAbout2006-02-23 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 23, 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: Right-of-Way Acquisition-Monterey Avenue (APN 653- 260-024) Negotiating Parties: Agency: Carlos L. Ortega/Mark D. Greenwood/City of Palm Desert Property Owner: MC Properties Other Parties: Under Negotiation: x Price x Terms of Payment 2) Property: Right-of-Way Acquisition-Monterey Avenue (APN 653- 260-022) Negotiating Parties: Agency: Carlos L. Ortega/Mark D. Greenwood/City of Palm Desert Property Owner: MacLeod Couch Land Company Other Parties: Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 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. V. AWARDS, PRESENTATIONS, AND APPOINTMENTS POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2006 2 None 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 February 3, 2006, and the Regular City Council Meeting of February 9, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 162, 163, 167, 168, and 169. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#559) by Denisha Renee Minor in the Estimated Amount of $9,000. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meeting of November 28, 2005. 2. Parks & Recreation Commission Meeting of January 17, 2006. 3. Public Safety Commission Meeting of January 11, 2006. 4. Youth Committee Meeting of January 3, 2006. Rec: Receive and file. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2006 3 E. REQUEST FOR AUTHORIZATION to Destroy Paper Records from the Department of Building & Safety that Have Been Digitally Imaged (September and October 2005). Rec: Waive further reading and adopt: 1) Resolution No. 06-17 - for September 2005 records; 2) Resolution No. 06-18 - for October 2005 records. F. REQUEST FOR APPROVAL of the Transfer of Contracts from Steven Burt & Associates, Inc. to Vintage Associates, Inc. Rec: By Minute Motion, approve the transfer of contracts with Steven Burt & Associates, Inc., Bermuda Dunes, California, to Vintage Associates, Inc., Bermuda Dunes, California (Contract Nos. C20992, C22861, C23040A, and C23620). G. REQUEST FOR APPROVAL of Contract Amendment No. 2 to Contract No. C22690C - Professional Services Associated with Formation of the University Park Community Facilities District No. 2005-1. Rec: By Minute Motion, approve Contract Amendment No. 2 to the subject contract with MuniFinancial, Temecula, California, in a total amount not to exceed $6,000 for additional professional services - funds are available in Trust Account No. 610-0000-228-2100. H. REQUEST FOR APPROVAL of Contract Amendment No. 1 to Contract No. C23340 - Professional Services Associated with Formation of the Section 29 Assessment District. Rec: By Minute Motion, approve Contract Amendment No. 1 to the subject contract with MuniFinancial, Temecula, California, in a total amount not to exceed $17,000 for additional professional services - funds are available in Trust Account No. 610-0000-228-2100. I. REQUEST for Ratification of the Submittal of the Waste Tire Cleanup and Amnesty Event Grant Application and Adoption of Resolution to Approve Said Submittal to the California Integrated Waste Management Board. Rec: 1) By Minute Motion, ratify submittal of the Waste Tire Cleanup and Amnesty Event Grant Application; 2) waive further reading and POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2006 4 adopt Resolution No. 06-19, authorizing said application submittal; 3) by Minute Motion, authorize the appropriation and expenditure of funds in the amount of $2,854.76 from the Recycling Fund, Account No. 236-4195-454-3090, for this purpose. J. REQUEST FOR APPROVAL of the Purchase of Computers for the Institute For Sales and Service Excellence at Westfield Palm Desert and Operated by the Center for Training and Development at College of the Desert. Rec: By Minute Motion: 1) Appropriate $35,000 from the Unobligated General Fund for the purchase of computers; 2) approve funding the computers in the lab at the Institute For Sales and Service Excellence operated by the Center for Training and Development at College of the Desert; 3) authorize acquisition of the computers through College of the Desert's purchasing process. K. REQUEST FOR APPROVAL of the 2006 "Summer of Fun" Concert Schedule and Attendant Performing Arts Contracts (Nos. C24920A-G). Rec: By Minute Motion: 1) Approve the proposed line-up for the 2006 "Summer of Fun" Concert Series; 2) authorize the Mayor to enter into the following performing arts contracts as presented: a) Susie Hansen Latin Jazz Band - $4,000 b) Denise Cogan - Upstream - $2,200 c) Larry Tuttle - String Planet - $1,600 d) Redlands Symphony Orchestra - $12,000 e) Steve Madaio & Friends - $7,200 f) Derek Davis - Rockit Scientists - $1,700 g) Rick Joswick - The Jumpin' Joz Band - $2,200 Funds in the amount of $30,900 are available in Account No. 110- 4416-414-3061. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2006 5 L. REQUEST FOR APPROVAL of Fireworks Display Contracts for the Independence Day Celebration and Final "Summer of Fun" Concert. Rec: By Minute Motion, approve the following contracts with PyroSpectaculars, Rialto, California, for professional staff and pyrotechnic supplies and services: 1) Contract No. C24930A in the amount of $30,148 ($7,500 will be paid by the City of Rancho Mirage) for the annual Independence Day Celebration scheduled to be held on July 4, 2006; 2) Contract No. C24930B in the amount of $6,148 for the final "Summer of Fun" Concert scheduled to be held on August 31, 2006 - funds for the above have been budgeted in Account No. 110-4416-414-3061. M. REQUEST FOR APPROVAL of Out-of-State Travel for the Aspen Accord 2006 Conference. Rec: By Minute Motion, authorize the subject travel to Aspen, Colorado, for the Mayor and one staff member to attend the 2006 Conference, March 5-10. N. REQUEST FOR APPROVAL of Out-of-State Travel and Appropriation Requests for Sister Cities International's 50th Anniversary Conference. Rec: By Minute Motion: 1) Approve the subject request for six (6) Palm Desert Sister Cities Committee Members, the Visitor Information Center Manager, and Councilman Crites to attend the 50th Anniversary Conference in Washington, D.C., July 13-15, 2006; 2) appropriate $5,550 from Account No. 110-4416-414-3126 for travel costs associated with attendance at the Conference; 3) appropriate $2,100 from Account No. 110-4110-410-3121 for registration fees for four (4) Palm Desert Sister Cities Committee Members to attend the Conference. O. INFORMATIONAL ITEMS: 1. Report on Building & Safety Department's Nomination for Building Department of the Year by the California Building Officials Association (CALBO). POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2006 6 2. Report Concerning Animal Rescue in Emergency and Disaster Situations. Rec: VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS A. RESOLUTION NO. 06-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 30795 (Palm Desert Redevelopment Agency, Applicant). Rec: Waive further reading and adopt. Action: IX. ORDINANCES For Introduction: None For Adoption: None X. NEW BUSINESS A. HEARING TO CONSIDER THE REVOCATION OF BUSINESS LICENSE NO. 05-36543 -- HEMPIE'S CANNABIS DISPENSARY (CANNAHELP). Rec: Report to be provided. Action: B. REQUEST FOR APPROVAL OF THE INITIATION OF PROCEEDINGS TO FORM THE ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2006 7 Rec: Waive further reading and adopt: 1) Resolution No. 06-21, initiating proceedings for the formation of the District. 2) Resolution No. 06-22, describing the proposed improvements and services and approving the Preliminary Management District Plan for the District. 3) Resolution No. 06-23, granting preliminary approval of the Engineer's Report regarding formation of the District. 4) Resolution No. 06-24, declaring the intention to form the District, the levy of assessments, the call for an assessment ballot proceeding to submit to the qualified property owners within such District the question of levying such assessments and establishing an assessment range formula for said District, and the levy and collection of annual assessment related thereto commencing with Fiscal Year 2006/07. Action: C. CONSIDERATION OF A RECOMMENDATION BY THE PARKS & RECREATION COMMISSION REGARDING DOG PARK ISSUES. Rec: By Minute Motion, provide staff with appropriate direction in this matter. Action: D. REQUEST FOR APPROVAL OF AN AGREEMENT FOR PROJECT MANAGEMENT AND ENGINEERING SUPPORT SERVICES (CONTRACT NO. C24940). Rec: By Minute Motion, approve the subject agreement with Engineering Resources of Southern California, Inc., Indian Wells, California, to provide project management and engineering support services in an amount not to exceed $100,000, and authorize the Mayor to execute same -- funds are available in Account No. 110-4300-413- 3010. Action: E. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT WITH THE CITY OF RANCHO MIRAGE FOR THE REPAIR OF EXPANSION JOINTS AT THE MONTEREY AVENUE BRIDGE OVER THE POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2006 8 WHITEWATER CHANNEL (CONTRACT NO. C23900A, PROJECT NO. 643-05). Rec: By Minute Motion, authorize the Mayor to execute the subject Reimbursement Agreement with the City of Rancho Mirage for the repair of expansion joints at the Monterey Avenue Bridge Over the Whitewater Channel and appropriate $100,000 from Unobligated Fund 400 to a project account. Action: F. CONSIDERATION OF ACTIONS TO EXPEDITE THE WIDENING OF MONTEREY AVENUE BETWEEN GERALD FORD AND DINAH SHORE DRIVES. Rec: 1) Waive further reading and adopt Resolution No. 06-25, pursuant to Palm Desert Municipal Code Section 3.30.070, delegating authority to the City Manager to make the immediate expenditure of public money in order to expedite the subject project. 2) By Minute Motion, authorize the City Manager to: a) Negotiate a construction contract up to $500,000 for construction of the water line and widening of the subject roadway (Contract No. C24950A); b) enter into the necessary agreements with Southern California Edison Company and pay the associated fees and costs for relocation of the electrical transmission lines (Contract No. C24950B); c) enter into related construction contracts as necessary. Action: XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF PROPOSED AMENDMENTS TO THE LANDSCAPE AGREEMENT, REFLECTING A CHANGE IN PLAN FOR THE REDEVELOPMENT OF WESTFIELD SHOPPINGTOWN PALM DESERT (CONTRACT NO. C16920A). Rec: By Minute Motion, approve of the proposed amendment to the subject Landscape Agreement with Westfield Corporation to reflect POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2006 9 the change in plan to the redevelopment of Westfield Shoppingtown Palm Desert. Action: B. REQUEST FOR APPROVAL OF CONTRACT CHANGE ORDER NOS. 1 AND 2 FOR CONTRACT NO. C22870B -- CONSTRUCTION OF THE PORTOLA AVENUE BRIDGE OVER THE WHITEWATER CHANNEL. Rec: By Minute Motion, approve the following Change Orders to the subject contract with Granite Construction Company, Indio, California: 1) No. 1 for traffic control and demolition in an amount not to exceed $80,000; 2) No. 2 for a change in the relocation of telephone conduits for an estimated credit to the City in the amount of $134,157. Action: XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A STREET NAME CHANGE FOR THE WESTERLY PORTION OF GREENE WAY (Continued from the meetings of January 12, and February 9, 2006). Rec: 1) Waive further reading and adopt Resolution No. 06-26, approving a street name change for the westerly portion of Greene Way to Tierra del Oro and designating Vista de Flores and Tanque de Aqua Road as street names for the roadways leading to the southeasterly two homes in the area; 2) by Minute Motion, approve reimbursement to Desert Cities Baptist Church for costs associated with the name change; 3) by Minute Motion, appropriate a not to exceed amount of $1,600 for said costs. Action: B. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A CHANGE OF ZONE FROM S.I. (SERVICE INDUSTRIAL) TO PR-13 (PLANNED RESIDENTIAL, 13 UNITS PER ACRE), A PRECISE PLAN/CONDITIONAL USE PERMIT, AND TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES TO CONSTRUCT 247 RESIDENTIAL CONDOMINIUM UNITS ON A 20- ACRE SITE AT THE NORTHEAST CORNER OF GATEWAY DRIVE AND 35TH AVENUE (73-600 35TH AVENUE) -- PROJECT INCLUDES A HEIGHT EXCEPTION FOR ROOF ELEMENTS TO A MAXIMUM OF 34- FEET 6-INCHES Case Nos. C/Z 05-03, PP/CUP 05-22, and TT 34179 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2006 10 (Summit Properties, Applicant) (Continued from the meeting of January 12, 2006). Rec: Waive further reading and: 1) Pass Ordinance No. 1110 to second reading, approving Case No. C/Z 05-03; 2) adopt Resolution No. 06-27, approving Case Nos. PP/CUP 05-22 and TT 34179, subject to conditions. Action: C. REQUEST FOR APPROVAL OF CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT) FINDINGS AND THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITIES CONSERVATION PLAN (CVMSHCP/NCCP) IMPLEMENTATION AGREEMENT AND ORDINANCE ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE. Rec: 1) Accept public testimony. 2) By Minute Motion, continue this matter to the meeting of March 9, 2006. Action: D. CONSIDERATION OF REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP AND ENVIRONMENTAL IMPACT REPORT TO ALLOW THE SUBDIVISION OF 11.87 ACRES INTO SEVEN (7) LOTS TO ALLOW CONSTRUCTION OF FOUR (4) SINGLE-FAMILY HOMES ADJACENT TO THE "CANYONS AT BIGHORN GOLF CLUB," WEST OF INDIAN COVE AND SOUTH OF DEAD INDIAN CREEK; AND CONSIDERATION OF REQUEST ON THE SAME PROPERTY FOR A GENERAL PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL (STUDY ZONE) TO HILLSIDE RESERVE AND ZONE CHANGE FROM A COMBINATION OF PLANNED RESIDENTIAL, FIVE (5) UNITS PER ACRE AND HILLSIDE PLANNED RESIDENTIAL, TO HILLSIDE PLANNED RESIDENTIAL ON THE ENTIRE PROPERTY Case Nos. TT 31676, GPA 6-1, C/Z 6-1 (Cornishe of Bighorn, LLC, and City of Palm Desert, Applicants). Rec: 1) Accept public testimony. 2) By Minute Motion, continue this matter to the meeting of March 9, 2006. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2006 11 XIV. REPORTS AND REMARKS A. CITY MANAGER 1. Status of the Portola Avenue Bridge at the Whitewater Channel. Action: 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: 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: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2006 12 February 27, 2006 10:00 a.m. Historic Preservation Committee Administrative Conference Room February 28, 2006 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room March 1, 2006 8:30 a.m. Parks & Recreation Commission Administrative Conference Room March 7, 2006 6:00 p.m. Planning Commission Civic Center Council Chamber 6:00 p.m. Youth Committee Administrative Conference Room March 8, 2006 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room March 9, 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 17th day of February, 2006. Rachelle D. Klassen, City Clerk