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HomeMy WebLinkAbout2006-01-12 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 12, 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 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 A. APPOINTMENT OF ALTERNATE MEMBER TO THE PALM DESERT YOUTH COMMITTEE. Rec: By Minute Motion, appoint Raine Armstrong as an alternate member of the Palm Desert Youth Committee for a one-year term (2006). Action: B. APPOINTMENT OF MEMBER OF THE CITY COUNCIL TO SERVE AS ITS REPRESENTATIVE ON THE COACHELLA VALLEY CONSERVATION COMMISSION (CVCC). Rec: By Minute Motion, appoint a member of the City Council to serve as its designated representative on the CVCC. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 2 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 Meetings of December 8, and December 22, 2005, and the Special City Council Meeting of December 24, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 120, 121, 122, 125, 126, 129, 130, 133, and 134. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#558) by Southern California Edison in the Estimated Amount of $20,000. Rec: By Minute Motion, reject the Claim, which is being tendered to the responsible party, and direct the City Clerk to so notify the Claimant. D. CITY'S/REDEVELOPMENT AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for October 2005 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 3 E. REQUEST FOR APPROVAL of the 2006 Master Consultants List for Professional Services (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, approve the subject list, as shown in the accompanying staff report, and authorize staff to negotiate agreements with qualified consultants listed therein--each agreement will be for professional services, will not exceed $25,000 in value, and will be presented for ratification at the next regular meeting of the City Council/Redevelopment Agency Board. F. REQUEST FOR AUTHORIZATION to Pay Educational Revenue Augmentation Fund (ERAF) Obligation from Redevelopment Agency Funding Sources (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, authorize and direct the City Manager, or his designee, to notify the Riverside County Auditor of the Redevelopment Agency's intent to pay ERAF from Agency funding sources. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Keith C. Haskins and Douglas C. Wall for Cali Pasta, 73-575 El Paseo, Suite Nos. 2310-2312, Palm Desert. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Judith M. Oberman for Frankie J's, 73-460 Highway 111, Palm Desert. Rec: Receive and file. I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Scott Wilson, Robert Wilson, and James Wilson for Fusion One 11, 73-850 Highway 111, Suite A, Palm Desert. Rec: Receive and file. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 4 J. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sam's Club #6609, SEC Monterey Avenue/Dinah Shore Drive, Palm Desert. Rec: Receive and file. K. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meetings of October 31, and November 4, 2005. 2. Parks & Recreation Commission Meeting of November 15, 2005. 3. Sister Cities Committee Meeting of November 17, 2005. 4. Youth Committee Meeting of November 1, 2005. Rec: Receive and file. L. RESIGNATION of Daniel Batalles from the Youth Committee. Rec: Receive with very sincere regret. M. RESOLUTION NO. 06-1 - Setting Forth its Findings and Authorizing the Destruction of Files from the Office of the Director of Finance that Have Been Digitally Imaged. Rec: Waive further reading and adopt. N. REQUEST FOR RATIFICATION of Contract Extension for Professional Services Agreement with Duane K. Munson (Contract No. C23020A). Rec: By Minute Motion, ratify the City Manager's approval of the one- month extension of the subject contract for the period of December 1-31, 2005. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 5 O. REQUEST FOR APPROVAL of Contract for Consulting Services for the Palm Desert Energy Conservation Plan (Contract No. C24690). Rec: By Minute Motion: 1) Approve the subject contract with EcoMotion Incorporated, Glendale, California, in the amount of $24,000 for compilation of the Palm Desert 30:30 Energy Conservation Plan; 2) authorize the Director of Finance to appropriate said funds from Unallocated General Funds for this contract. P. REQUEST FOR RATIFICATION of Contract for Noise Study Along Fred Waring Drive at Desert Breezes (Contract No. C24700). Rec: By Minute Motion, ratify the subject contract with Medlin & Associates, Inc., Carlsbad, California, in the amount of $24,995 -- funds are available in Account No. 400-4399-433-4001. Q. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C23780 -- Construction of the Miscellaneous Windbreak and Soil Stabilization Improvements for PM-10 Mitigation (Project No. 605-02) (Sierra Landscaping Company, Inc., Palm Desert, 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. R. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C24120 -- Presidents' Plaza III Parking Lot Seal Coat/Repair (Pacific Asphalt Services, Inc., Ontario, 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. S. CONSIDERATION of a Letter from Time Warner Cable Relative to Proposed Redemption of Comcast's Ownership Interests in Time Warner Cable, Inc., and Time Warner Entertainment Company, L.P. Rec: By Minute Motion, receive and file the subject letter dated November 7, 2005. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 6 T. REQUEST FOR APPROVAL of Funding for Ongoing Shopping Cart Retrieval Services and Extension of Contract Through the End of Fiscal Year 2005/06. Rec: By Minute Motion, approve the appropriation of $15,000 from the Unobligated General Fund to provide for ongoing shopping cart retrieval services through the end of FY 2005/06 and extend the contract for retrieval services with California Shopping Cart Retrieval Corporation (CART) (Contract No. C24110) through the end of the fiscal year. U. REQUEST FOR AWARD OF BID for Restoration of the Public Artwork Known as "Charger." Rec: By Minute Motion, award the subject bid to Michael Volpone, Cathedral City, California, in the amount of $4,900 -- funds are available in Account No. 240-4650-454-3372. V. REQUEST FOR APPROVAL of the Operation of a Horse-drawn Carriage on El Paseo. Rec: By Minute Motion, authorize operation of a horse-drawn carriage on El Paseo by "Hay Dude" Ranch through May 31, 2006. W. REQUEST FOR AUTHORIZATION to Close El Paseo on February 11, 2006, for a 5/10K Run Event for the Palm Desert Senior Games. Rec: By Minute Motion, authorize the Coachella Valley Recreation & Park District to close El Paseo on Saturday, February 11, 2006, from 6:30 a.m. to 9:30 a.m. for the subject event. X. REQUEST FOR APPROVAL of Funding for Soroptimist International of Palm Desert's Art & Wine Tour of El Paseo, February 24, 2005. Rec: By Minute Motion, approve the request from Soroptimist International of Palm Desert and appropriate funds in an amount not to exceed $1,300 from the Unobligated General Fund for expenses associated with sponsorship of the 10th Annual Art & Wine Tour of El Paseo. Action: VII. CONSENT ITEMS HELD OVER POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 7 VIII. RESOLUTIONS A. RESOLUTION NO. 06-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 32498 (Urban Habitat, Applicant). Rec: Waive further reading and adopt. Action: IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1103 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R1M (SINGLE-FAMILY/MOBILE HOME RESIDENTIAL) TO PR-9 AND PR-19 (PLANNED RESIDENTIAL, NINE UNITS PER ACRE AND 19 UNITS PER ACRE) FOR 755 MAXIMUM RESIDENTIAL UNITS (605 CONDOMINIUM/SINGLE-FAMILY UNITS AND A MAXIMUM 150 APARTMENT UNITS) ON 79.6 ACRES AT THE NORTHEAST CORNER OF FRANK SINATRA DRIVE AND GERALD FORD DRIVE (76-000 FRANK SINATRA DRIVE) Case No. C/Z 05-02 (Taylor Woodrow, Inc., and Emerald Brook, LLC, Applicants). Rec: Waive further reading and adopt. Action: B. ORDINANCE NO. 1105 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.16.010 OF THE PALM DESERT MUNICIPAL CODE (AUDIT, INVESTMENT AND FINANCE COMMITTEE). Rec: Waive further reading and adopt. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 8 X. NEW BUSINESS A. REQUEST FOR APPROPRIATION OF FUNDS FOR THE NORTH SPHERE DRAINAGE STUDY PROJECT (PROJECT NO. 517-05). Rec: By Minute Motion, appropriate $351,308.10 from Unobligated Drainage Facility Fees to Fund 232 for the subject project. Action: B. REQUEST FOR AWARD OF CONTRACT FOR THE ANNUAL CURB, GUTTER, AND SIDEWALK PROGRAM (CONTRACT NO. C24350, PROJECT NO. 753-06). Rec: By Minute Motion: 1) Award the subject contract to Contreras Construction Company, Indio, California, in the amount of $242,415 for construction of the necessary curb, gutter, and sidewalk installations; 2) approve a 10% contingency for the project in the amount of $24,241.50; 3) authorize the Mayor to execute said contract. Action: C. REQUEST FOR AWARD OF CONTRACT FOR ENGINEERING SERVICES FOR DESIGN OF SIDEWALK IMPROVEMENTS ON COUNTRY CLUB DRIVE ALONG THE FRONTAGE OF PALM DESERT GREENS (CONTRACT NO. C24720, PROJECT NO. 699-06). Rec: By Minute Motion: 1) Award the subject contract to Omnis Inc., Chino Hills, California, in the amount of $29,800; 2) approve a 10% contingency for the project in the amount of $2,980; 3) authorize the Mayor to execute said agreement. Action: D. CONSIDERATION OF THE SANDCASTLES ASSESSMENT DISTRICT. Rec: By Minute Motion, authorize staff to send a resident survey to determine if a majority of the residents favor modification to the assessment if the City renovates the district; if survey results are positive, staff would return to the City Council for authorization to proceed with a formal district balloting and subsequent renovation. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 9 XI. CONTINUED BUSINESS A. REQUEST FOR AWARD OF BID FOR PURCHASE OF TWO PICK-UP TRUCKS (Continued from the meeting of December 8, 2005). Rec: By Minute Motion, award the purchase of two, Ford F-150 pick-up trucks to Moss Bros. Ford, Colton, California, in the amount of $32,817.76 -- funds are available in the Equipment Replacement Fund, Account No. 530-4195-415-4030. Action: B. REQUEST FOR AWARD OF BID FOR PURCHASE OF FLATBED TRUCK (Continued from the meeting of December 8, 2005). Rec: By Minute Motion, award the purchase of a flatbed truck (Ford F-550) to Moss Bros. Ford, Colton, California, in the amount of $32,066.37 -- funds are available in Account No. 110-4310-433- 4045. Action: XII. OLD 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 Rec: To be provided. Action: B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 3 TO CONTRACT NO. C19250 -- DESIGN ENGINEERING OF THE PALM DESERT CORPORATION YARD EXPANSION (PROJECT NO. 715-00). Rec: By Minute Motion, approve Change Order No. 3 in the amount of $66,700 to the subject contract with David Evans and Associates, Ontario, California, for construction design support services -- funds are available in Account No. 231-4330-413-4001. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 10 XIII. PUBLIC HEARINGS A. CONSIDERATION OF THE FORMATION OF CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT (CFD) NO. 2005-1 (UNIVERSITY PARK) (Continued from the meeting of December 8, 2005). Rec: 1) Waive further reading and adopt Resolution No. 06-3, approving the form of a road improvement agreement relating to Gerald Ford Drive by and among the City of Palm Desert and certain property owners. Reconvene the public hearing regarding the subject CFD, adopt the following resolution during the public hearing, and take public testimony regarding the University Park CFD. 2) Waive further reading and adopt Resolution No. 06-4, modifying the resolution of intention to eliminate certain facilities from financing by proposed City of Palm Desert CFD No. 2005-1 (University Park). If majority protests are not received prior to the conclusion of the public hearing, following the public hearing, waive further reading and adopt: 3) Resolution No. 06-5, approving the form of a Joint Community Facilities Financing Agreement by and among the City of Palm Desert, the Coachella Valley Water District, and property owners pertaining to the City of Palm Desert CFD No. 2005-1 (University Park). 4) Resolution No. 06-6, establishing City of Palm Desert CFD No. 2005-1 (University Park), making environmental findings with respect thereto, adopting a mitigated negative declaration in connection therewith, establishing an appropriations limit therefor, authorizing the levy of a special tax therein, and submitting the establishment of an appropriations limit and the levy of a special tax to the qualified electors thereof. 5) Resolution No. 06-7, declaring the necessity to incur bonded indebtedness within City of Palm Desert CFD No. 2005-1 (University Park). 6) Resolution No. 06-8, calling a special election within City of Palm Desert CFD No. 2005-1 (University Park). Conduct the Special Election. If more than a 2/3 vote in favor of the ballot propositions is received, following results of the Election, City Council makes a finding and declares results of the Special Election. 7) Waive further reading and adopt Resolution No. 06-9, declaring the results of a special election in City of Palm Desert CFD No. 2005-1 (University Park) and directing the recording of a notice of special tax lien. 8) Waive further reading and pass Ordinance No. 1107 to second reading, authorizing the levy of a special tax within said district. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 11 B. REQUEST FOR APPROVAL OF A STREET NAME CHANGE FOR THE WESTERLY PORTION OF GREENE WAY TO TIERRA DEL SOL. Rec: Waive further reading and adopt Resolution No. 06-10, approving the subject name change. Action: C. 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 (Summit Properties, Applicant). Rec: By Minute Motion, continue this matter to the meeting of January 26, 2006, as requested by the Applicant. Action: D. CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE, ZONING ORDINANCE CHAPGER 25.30, TO ALLOW "SUPERMARKETS" NOT EXCEEDING 50,000 GROSS SQUARE FEET AS CONDITIONAL USES IN THE REGIONAL COMMERCIAL PC(3) ZONE Case No. ZOA 05-04 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1108 to second reading, approving Case No. ZOA 05-04. Action: XIV. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 2006 12 C. CITY CLERK 1. Reminder of Joint City Council/Historic Preservation Committee Study Session, Thursday, January 19, 2006, 11:00 a.m. Action: 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 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 JANUARY 12, 2006 13 FUTURE MEETINGS: January 16, 2006 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 -CANCELED- MLK, Jr., Holiday January 17, 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 January 18, 2006 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 January 19, 2006 3:00 p.m. Sister Cities Committee Administrative Conference Room January 24, 2006 12:00 p.m. Architectural Review Commission Community Services Conference Room January 25, 2006 10:30 a.m. Audit, Investment & Finance Committee North Wing Conference Room January 26, 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 6th day of January, 2006. Rachelle D. Klassen, City Clerk