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HomeMy WebLinkAbout2006-03-09 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 09, 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: 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. A. REPORT ON ACTION FROM CLOSED SESSION. Action: V. AWARDS, PRESENTATIONS, AND APPOINTMENTS 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 February 23, 2006. Rec: Approve as presented. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 172, 173, 176, 177, and 180. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sukhdarshan Paul Gogna and Gurpreet Singh Thandi for Monsoon Cuisine of India, 73- 675 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bristol Farms Store #2319, 73-101 Country Club Drive, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Shanren Chen, Yu Qin Chen, and Huiying Qiu for King Wok Chinese Restaurant, 42-305 Washington Street, #D, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Shadow Mountain Resort & Club, 45-750 San Luis Rey, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by De La Rosa Torres Ariel Alejandro for Serenata Mexican Bar & Grill, 73-325 Highway 111, Palm Desert. Rec: Receive and file. H. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meeting of January 30, 2006. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 I. 2. Library Promotion Committee Meetings of September 21, and November 16, 2005. J. 3. Sister Cities Committee Meeting of January 19, 2006. Rec: Receive and file. I. 2005 ANNUAL Public Safety Commission Report. Rec: Receive and file. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C24520 -- Sidewalk Improvements on Rutledge Way (Project No. 697-A-05) (Westcon Construction, 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. K. REQUEST FOR APPROVAL of the 2006 "Summer of Fun" Movie Series. Rec: By Minute Motion, approve a purchase order in the amount of $11,406 with Live Oak Multimedia, Indio, California, for movies, professional staff, and audio/visual equipment for the 2006 "Summer of Fun" movies -- funds have been budgeted in Account No. 110-4416-414-3061 for this purpose. L. REQUEST FOR RATIFICATION of Out-of-State Travel Expenditures for Meetings with Various Government Officials in Washington, D.C., February 7-11, 2006. Rec: By Minute Motion, ratify the subject travel expenditures by Councilman Buford A. Crites to lobby for funds for BLM and U.S. Forest Service Property. VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 A. RESOLUTION NO. 06-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A PETTY CASH FUND UNDER THE SUPERVISION AND CONTROL OF THE CORPORATION YARD MAINTENANCE SERVICES MANAGER. Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 06-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACTING FOR ITSELF AND AS THE LEGISLATIVE BODY OF CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) TO AUTHORIZE THE ISSUANCE OF ITS SPECIAL TAX BONDS, SERIES 2006A, IN A PRINCIPAL AMOUNT NOT TO EXCEED FIFTY MILLION DOLLARS ($50,000,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. Rec: Waive further reading and adopt. Action: C. RESOLUTION NO. 06-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING APPLICATION FOR WORKFORCE HOUSING REWARD GRANT. Rec: Waive further reading and adopt. Action: IX. ORDINANCES For Introduction: For Adoption: A. ORDINANCE NO. 1110 - 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 S.I. (SERVICE INDUSTRIAL) TO PR-13 (PLANNED RESIDENTIAL, 13 UNITS PER ACRE) FOR A 20-ACRE SITE AT THE NORTHEAST CORNER OF 35TH AVENUE AND GATEWAY DRIVE (73- 600 35TH AVENUE) Case No. C/Z 05-03 (Summit Properties, Applicant). Rec: Waive further reading and adopt. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 Action: X. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTIONS APPROVING PAYMENT BY THE REDEVELOPMENT AGENCY FOR ALL OR A PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF FREEDOM PARK (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: Waive further reading and adopt: 1) Redevelopment Agency Resolution No. 518, approving payment by the Agency for all or a part of the cost of the installation and construction of Freedom Park. 2) City Council Resolution No. 06-29, approving payment by the Palm Desert Redevelopment Agency for all or a part of the cost of the installation of Freedom Park. Action: B. 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) Case No. MISC. 06-04 (South Beach Restaurant & Nightclub, Applicant). Rec: By Minute Motion, reaffirm the action of the Architectural Review Commission (ARC), denying the proposed 14-foot high sound barrier wall. Action: C. REQUEST FOR AUTHORIZATION TO PURCHASE TRAFFIC SIGNAL EQUIPMENT FOR 15 INTERSECTIONS ALONG HIGHWAYS 111 AND 74. Rec: By Minute Motion, authorize the purchase of traffic signal equipment to upgrade 15 signalized intersections on Highway 111 and Highway 74 -- funds are available in Account No. 110-4250- 433-3325. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 D. REQUEST FOR APPROVAL OF CHANGES TO THE CITY OF PALM DESERT SALARY/BENEFIT PACKAGE. Rec: Waive further reading and: 1) Pass Ordinance No. 1112 to second reading, amending the City's Personnel Ordinance; 2) adopt Resolution No. 06-34, rescinding and replacing Resolution No. 05- 49, the Salary Schedule, Salary Ranges, and Allocated Classifications, for the period of March 6, 2006, through June 30, 2006; 3) adopt Resolution No. 06-35, amending Resolution No. 99- 60, establishing an Employees' Cafeteria Benefits Program. Action: E. CONSIDERATION OF THE HISTORIC PRESERVATION COMMITTEE PROJECT LIST. Rec: Report to be provided. Action: XI. CONTINUED BUSINESS XII. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF FREEDOM PARK (CONTRACT NO. R23210, PROJECT NO. 713-00) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Authorize award of the subject contract to James E. Simon Company, Indio, California, in the amount of $9,769,276 ($7,186,115 from Project Area No. 4 and $2,338,961 from Project Area No. 2) and authorize the Chairman to execute same; 2) authorize the Director of Finance to set aside a 5% contingency in the amount of $488,464 from Project Area No. 2 (use of contingency requires additional action); 3) approve an appropriation of $244,200 from Public Works Unobligated Fund 232, Zone 3 Drainage; 4) approve an appropriation of $2,827,425 from Project Area No. 2 Unobligated Project Funds. Action: B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 2 TO CONTRACT NO. C22800 -- CONSTRUCTION MANAGEMENT SERVICES FOR THE CORPORATION YARD EXPANSION. 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 Rec: By Minute Motion: 1) Approve Change Order No. 2 in an amount not to exceed $72,322 to the subject contract with Harris & Associates, Palm Desert, California, for additional construction management services required for the Corporation Yard Expansion Project and authorize the Mayor to execute same; 2) appropriate $72,322 from Unobligated Fund 231 to Account No. 231-4330-413- 4001 for this project. Action: XIII. PUBLIC HEARINGS A. CONSIDERATION OF THE CITY OF PALM DESERT'S CONVEYANCE OF A SINGLE-FAMILY DWELLING LOCATED AT 74-065 GOLETA AVENUE, APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., RELATING THERETO, AND AUTHORIZATION FOR REIMBURSEMENT OF ACQUISITION COST BY THE REDEVELOPMENT AGENCY (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Accept public testimony. 2) By Minute Motion, approve a Disposition and Development Agreement, substantially as to form, conveying the property located at 74-065 Goleta Avenue by the City of Palm Desert to Habitat For Humanity for the purpose of rehabilitating a single-family residential property to be made available to a very low or low income family with the condition that Habitat For Humanity enter into an Affordable Housing Restriction and Lien Agreement with the Palm Desert Redevelopment Agency. 3) By Minute Motion, authorize the Mayor or his designee to execute all necessary documents to facilitate the transfer. 4) Waive further reading and adopt City Council Resolution No. 06-30, accepting reimbursement by the Redevelopment Agency for the cost of acquisition by the City for certain real property located at 74- 065 Goleta Avenue in the City of Palm Desert. 5) Waive further reading and adopt Redevelopment Agency Resolution No. 519, approving reimbursement by the Agency for the cost of the acquisition by the City for certain real property located at 74- 065 Goleta Avenue (APN 625-022-005) in exchange for the requirement with Habitat For Humanity to record an affordability 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 restriction for the period of 45 years in favor of the Palm Desert Redevelopment Agency. 6) By Minute Motion, appropriate $200,905 plus any transfers or closing costs to Account No. 870-4492-464-4001 for reimbursement from the Agency. 7) By Minute Motion, authorize the Chairman or his designee to execute all necessary documents to facilitate the transfer. Action: B. REQUEST FOR APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN PALM DESERT RECEVELOPMENT AGENCY AND C V FOOD SERVICE, INC., d.b.a. LA SPIGA, AND THE RELATED SUMMARY REPORT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Accept public testimony. 2) Waive further reading and adopt City Council Resolution No. 06-31, approving the sale by the Palm Desert Redevelopment Agency to C V Food Service, Inc., of approximately 0.53 acres of real property on a parcel located between Painter's Path, Highway 111, the Palm Valley Storm Channel, and west El Paseo. 3) Waive further reading and adopt Redevelopment Agency Resolution No. 520, approving the sale to C V Food Service, Inc., of approximately 0.53 acres of real property on a parcel located between Painter's Path, Highway 111, the Palm Valley Storm Channel, and west El Paseo. 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 (Continued from the meeting of February 23, 2006). Rec: By Minute Motion, continue this public hearing to the meeting of March 23, 2006. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 D. CONSIDERATION OF REQUEST FOR APPROVAL OF 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) (Continued from the meeting of February 23, 2006). Rec: By Minute Motion, continue this public hearing to the meeting of March 23, 2006. 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: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 XV. ORAL COMMUNICATIONS - C XVI. ADJOURNMENT FUTURE MEETINGS: March 14, 2006 12:00 p.m. Architectural Review Commission Community Services Conference Room March 15, 2006 8:30 a.m. Art In Public Places Commission Visitor Center – 72567 Highway 111 3:00 p.m. Library Promotion Committee Administrative Conference Room March 16, 2006 3:00 p.m. Sister Cities Committee Administrative Conference Room March 20, 2006 3:00 p.m. Citizens’ Advisory Cmte.-Proj. Area #4 Administrative Conference Room March 21, 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 March 23, 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 3rd day of March, 2006. Rachelle D. Klassen, City Clerk 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 09, 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: 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. A. REPORT ON ACTION FROM CLOSED SESSION. Action: V. AWARDS, PRESENTATIONS, AND APPOINTMENTS 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 February 23, 2006. Rec: Approve as presented. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 172, 173, 176, 177, and 180. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sukhdarshan Paul Gogna and Gurpreet Singh Thandi for Monsoon Cuisine of India, 73- 675 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bristol Farms Store #2319, 73-101 Country Club Drive, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Shanren Chen, Yu Qin Chen, and Huiying Qiu for King Wok Chinese Restaurant, 42-305 Washington Street, #D, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Shadow Mountain Resort & Club, 45-750 San Luis Rey, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by De La Rosa Torres Ariel Alejandro for Serenata Mexican Bar & Grill, 73-325 Highway 111, Palm Desert. Rec: Receive and file. H. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meeting of January 30, 2006. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 I. 2. Library Promotion Committee Meetings of September 21, and November 16, 2005. J. 3. Sister Cities Committee Meeting of January 19, 2006. Rec: Receive and file. I. 2005 ANNUAL Public Safety Commission Report. Rec: Receive and file. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C24520 -- Sidewalk Improvements on Rutledge Way (Project No. 697-A-05) (Westcon Construction, 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. K. REQUEST FOR APPROVAL of the 2006 "Summer of Fun" Movie Series. Rec: By Minute Motion, approve a purchase order in the amount of $11,406 with Live Oak Multimedia, Indio, California, for movies, professional staff, and audio/visual equipment for the 2006 "Summer of Fun" movies -- funds have been budgeted in Account No. 110-4416-414-3061 for this purpose. L. REQUEST FOR RATIFICATION of Out-of-State Travel Expenditures for Meetings with Various Government Officials in Washington, D.C., February 7-11, 2006. Rec: By Minute Motion, ratify the subject travel expenditures by Councilman Buford A. Crites to lobby for funds for BLM and U.S. Forest Service Property. VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 A. RESOLUTION NO. 06-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A PETTY CASH FUND UNDER THE SUPERVISION AND CONTROL OF THE CORPORATION YARD MAINTENANCE SERVICES MANAGER. Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 06-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACTING FOR ITSELF AND AS THE LEGISLATIVE BODY OF CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) TO AUTHORIZE THE ISSUANCE OF ITS SPECIAL TAX BONDS, SERIES 2006A, IN A PRINCIPAL AMOUNT NOT TO EXCEED FIFTY MILLION DOLLARS ($50,000,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. Rec: Waive further reading and adopt. Action: C. RESOLUTION NO. 06-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING APPLICATION FOR WORKFORCE HOUSING REWARD GRANT. Rec: Waive further reading and adopt. Action: IX. ORDINANCES For Introduction: For Adoption: A. ORDINANCE NO. 1110 - 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 S.I. (SERVICE INDUSTRIAL) TO PR-13 (PLANNED RESIDENTIAL, 13 UNITS PER ACRE) FOR A 20-ACRE SITE AT THE NORTHEAST CORNER OF 35TH AVENUE AND GATEWAY DRIVE (73- 600 35TH AVENUE) Case No. C/Z 05-03 (Summit Properties, Applicant). Rec: Waive further reading and adopt. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 Action: X. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTIONS APPROVING PAYMENT BY THE REDEVELOPMENT AGENCY FOR ALL OR A PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF FREEDOM PARK (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: Waive further reading and adopt: 1) Redevelopment Agency Resolution No. 518, approving payment by the Agency for all or a part of the cost of the installation and construction of Freedom Park. 2) City Council Resolution No. 06-29, approving payment by the Palm Desert Redevelopment Agency for all or a part of the cost of the installation of Freedom Park. Action: B. 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) Case No. MISC. 06-04 (South Beach Restaurant & Nightclub, Applicant). Rec: By Minute Motion, reaffirm the action of the Architectural Review Commission (ARC), denying the proposed 14-foot high sound barrier wall. Action: C. REQUEST FOR AUTHORIZATION TO PURCHASE TRAFFIC SIGNAL EQUIPMENT FOR 15 INTERSECTIONS ALONG HIGHWAYS 111 AND 74. Rec: By Minute Motion, authorize the purchase of traffic signal equipment to upgrade 15 signalized intersections on Highway 111 and Highway 74 -- funds are available in Account No. 110-4250- 433-3325. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 D. REQUEST FOR APPROVAL OF CHANGES TO THE CITY OF PALM DESERT SALARY/BENEFIT PACKAGE. Rec: Waive further reading and: 1) Pass Ordinance No. 1112 to second reading, amending the City's Personnel Ordinance; 2) adopt Resolution No. 06-34, rescinding and replacing Resolution No. 05- 49, the Salary Schedule, Salary Ranges, and Allocated Classifications, for the period of March 6, 2006, through June 30, 2006; 3) adopt Resolution No. 06-35, amending Resolution No. 99- 60, establishing an Employees' Cafeteria Benefits Program. Action: E. CONSIDERATION OF THE HISTORIC PRESERVATION COMMITTEE PROJECT LIST. Rec: Report to be provided. Action: XI. CONTINUED BUSINESS XII. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF FREEDOM PARK (CONTRACT NO. R23210, PROJECT NO. 713-00) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Authorize award of the subject contract to James E. Simon Company, Indio, California, in the amount of $9,769,276 ($7,186,115 from Project Area No. 4 and $2,338,961 from Project Area No. 2) and authorize the Chairman to execute same; 2) authorize the Director of Finance to set aside a 5% contingency in the amount of $488,464 from Project Area No. 2 (use of contingency requires additional action); 3) approve an appropriation of $244,200 from Public Works Unobligated Fund 232, Zone 3 Drainage; 4) approve an appropriation of $2,827,425 from Project Area No. 2 Unobligated Project Funds. Action: B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 2 TO CONTRACT NO. C22800 -- CONSTRUCTION MANAGEMENT SERVICES FOR THE CORPORATION YARD EXPANSION. 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 Rec: By Minute Motion: 1) Approve Change Order No. 2 in an amount not to exceed $72,322 to the subject contract with Harris & Associates, Palm Desert, California, for additional construction management services required for the Corporation Yard Expansion Project and authorize the Mayor to execute same; 2) appropriate $72,322 from Unobligated Fund 231 to Account No. 231-4330-413- 4001 for this project. Action: XIII. PUBLIC HEARINGS A. CONSIDERATION OF THE CITY OF PALM DESERT'S CONVEYANCE OF A SINGLE-FAMILY DWELLING LOCATED AT 74-065 GOLETA AVENUE, APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., RELATING THERETO, AND AUTHORIZATION FOR REIMBURSEMENT OF ACQUISITION COST BY THE REDEVELOPMENT AGENCY (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Accept public testimony. 2) By Minute Motion, approve a Disposition and Development Agreement, substantially as to form, conveying the property located at 74-065 Goleta Avenue by the City of Palm Desert to Habitat For Humanity for the purpose of rehabilitating a single-family residential property to be made available to a very low or low income family with the condition that Habitat For Humanity enter into an Affordable Housing Restriction and Lien Agreement with the Palm Desert Redevelopment Agency. 3) By Minute Motion, authorize the Mayor or his designee to execute all necessary documents to facilitate the transfer. 4) Waive further reading and adopt City Council Resolution No. 06-30, accepting reimbursement by the Redevelopment Agency for the cost of acquisition by the City for certain real property located at 74- 065 Goleta Avenue in the City of Palm Desert. 5) Waive further reading and adopt Redevelopment Agency Resolution No. 519, approving reimbursement by the Agency for the cost of the acquisition by the City for certain real property located at 74- 065 Goleta Avenue (APN 625-022-005) in exchange for the requirement with Habitat For Humanity to record an affordability 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 restriction for the period of 45 years in favor of the Palm Desert Redevelopment Agency. 6) By Minute Motion, appropriate $200,905 plus any transfers or closing costs to Account No. 870-4492-464-4001 for reimbursement from the Agency. 7) By Minute Motion, authorize the Chairman or his designee to execute all necessary documents to facilitate the transfer. Action: B. REQUEST FOR APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN PALM DESERT RECEVELOPMENT AGENCY AND C V FOOD SERVICE, INC., d.b.a. LA SPIGA, AND THE RELATED SUMMARY REPORT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Accept public testimony. 2) Waive further reading and adopt City Council Resolution No. 06-31, approving the sale by the Palm Desert Redevelopment Agency to C V Food Service, Inc., of approximately 0.53 acres of real property on a parcel located between Painter's Path, Highway 111, the Palm Valley Storm Channel, and west El Paseo. 3) Waive further reading and adopt Redevelopment Agency Resolution No. 520, approving the sale to C V Food Service, Inc., of approximately 0.53 acres of real property on a parcel located between Painter's Path, Highway 111, the Palm Valley Storm Channel, and west El Paseo. 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 (Continued from the meeting of February 23, 2006). Rec: By Minute Motion, continue this public hearing to the meeting of March 23, 2006. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 D. CONSIDERATION OF REQUEST FOR APPROVAL OF 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) (Continued from the meeting of February 23, 2006). Rec: By Minute Motion, continue this public hearing to the meeting of March 23, 2006. 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: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 9, 2006 XV. ORAL COMMUNICATIONS - C XVI. ADJOURNMENT FUTURE MEETINGS: March 14, 2006 12:00 p.m. Architectural Review Commission Community Services Conference Room March 15, 2006 8:30 a.m. Art In Public Places Commission Visitor Center – 72567 Highway 111 3:00 p.m. Library Promotion Committee Administrative Conference Room March 16, 2006 3:00 p.m. Sister Cities Committee Administrative Conference Room March 20, 2006 3:00 p.m. Citizens’ Advisory Cmte.-Proj. Area #4 Administrative Conference Room March 21, 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 March 23, 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 3rd day of March, 2006. Rachelle D. Klassen, City Clerk 10