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Home My WebLink AboutAGENDA 26 APR 2007 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 26, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ORAL COMMUNICATIONS - A Any person wishing to discuss any item of Closed Session business 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. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkviewe Professional Office Complex - 73710 Fred Waring Drive , Suite No. 211, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: State of California, Dept. of Food & Agriculture Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs, Ltd., v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 053903 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 Action: VI. PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS – B 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. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING 2007 AS "RIVERSIDE COUNTY PROBATION DEPARTMENT CENTENNIAL YEAR" IN THE CITY OF PALM DESERT. Action: B. PRESENTATION OF PROCLAMATION DECLARING "MAY AS MENTAL HEALTH MONTH" IN THE CITY OF PALM DESERT. Action: X. CONSENT CALENDAR 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 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 April 12, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 205, 206, and 210. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#578) by Joseph Funkey in the Amount of $600,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#579) by Gregg Edward Rall in the Amount of $211,096.50. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. CITY'S/AGENCY'S COMPLIANCE ANALYSIS AND INVESTMENT REPORT for February 2007 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bamboo Cove Restaurant, 72-286 Highway 111, Suite J3 & J4, Palm Desert. Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Haus of Pizza, 72-795 Highway 111, Suite G2, Palm Desert. Rec: Receive and file. H. CITY COMMITTEE AND COMMISSION MEETING MINUTES 1. Art in Public Places Commission Meeting of December 20, 2006. 2. Marketing Committee Meeting of February 20, 2007. Rec: Receive and file. I. LETTER OF RESIGNATION from Karen Oppenheim - Architectural Review Commission. Rec: Receive with very sincere regret. J. LETTER OF RESIGNATION from Mark Wiener - Art in Public Places Commission. Rec: Receive with very sincere regret. K. LETTER OF RESIGNATION from Ric Mandelbaum - Marketing Committee. Rec: Receive with very sincere regret. L. REQUEST FOR ADOPTION of Resolutions, Authorizing Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt Resolution Nos.: 1) 07-23- December 2006 Records; 2) 07-24 - January 2007 Records; 3) 07-25 - February 2007 Records. M. RESOLUTION NO. 07-26 - A Resolution of the City Council of the City of Palm Desert, California, Authorizing the Destruction of Paper Files from the Department of Public Works that Have Been Digitally Imaged. Rec: Waive further reading and adopt. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 N. REQUEST FOR AWARD OF CONTRACT for Painting the Exterior and Courtyards of the City of Palm Desert Parkview Office Complex Buildings (Contract No. C26280). Rec: By Minute Motion, award the bid and approve the subject contract with Southwest Coatings, Inc., San Pedro, California, in the amount of $26,700 and authorize the Mayor to execute same - funds are available in Fund 510. O. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU) for the Cooperative Curbside Conservation Buffer Demonstration Program (Contract No. C26430). Rec: By Minute Motion: 1) Approve the subject MOU with the Coachella Valley Water District, Coachella Valley Mosquito and Vector Control District, and Individual Property Owners' and Homeowners' Associations; 2) appropriate $20,000 in cost share funds from the Unobligated General Fund for this purpose; 3) authorize the City Manager to execute said MOU. P. REQUEST FOR RATIFICATION of the City Manager's Approval of a Design Contract for Well Site at Freedom Park (Contract No. C23210F). Rec: By Minute Motion, ratify the City Manager's approval of the subject Architectural Design Contract with David Evans and Associates, Riverside, California, in the amount of $23,255. Q. REQUEST FOR APPROVAL of Parcel Map No. 34898 (North Sphere Associates, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 07-27, approving the Map of Parcel Map No. 34898. R. CONSIDERATION of Request from Regency Homes to Assist with Cost of Landscaping Required to Mitigate Visual and Lighting Impact Created by Lowe's Project. Rec: By Minute Motion: 1) Reimburse Regency Homes in the amount of $22,433, the amount expended for landscaping to mitigate the visual and lighting impact created by the Lowe's project; 2) appropriate $22,433 from Account No. 110-4614-453-3370 for this purpose. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 07-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, FORMING THE CITY OF PALM DESERT LANDSCAPE BEAUTIFICATION COMMITTEE. Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 07-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC HEARING FOR CONSIDERATION OF A STREET NAME CHANGE FOR THE STREET CURRENTLY KNOWN AS HARRY F. KAVANAUGH COURT Rec: Waive further reading and adopt. Action: C. RESOLUTION NO. 07-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENTS IN LOT "C" AND A PORTION OF LOT "K," AND THE EMERGENCY VEHICULAR ACCESS EASEMENT (EVAE) ALSO IN LOT "C," TRACT 25296-6 IN CANYONS AT BIGHORN, UNDER PROVISIONS OF DIVISION 9, PART 3; CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: Nonte 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 For Adoption: A. ORDINANCE NO. 1136 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTERS 25.15 - HILLSIDE PLANNED RESIDENTIAL (HPR) AND 25.86 - PUBLIC HEARINGS, AS THEY RELATE TO PUBLIC HEARING REQUIREMENTS, DEVELOPMENT STANDARDS, AND RIDGE-TOP DEVELOPMENT Case No. ZOA 07-01 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS None XV. CONTINUED BUSINESS A. ORDINANCE NO. 1135 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT AMENDING DEVELOPMENT AGREEMENT 96-1 AS IT RELATES TO A 300-TIMESHARE DEVELOPMENT, 215 CURRENTLY ENTITLED UNDER THE EXISTING DEVELOPMENT AGREEMENT Case No. DA 06-03 As It Relates to Case Nos. PP/CUP 06-17 and TT 35426 (Starwood/WVC Rancho Mirage, Inc., Applicants) (Continued from the meeting of April 12, 2007). Rec: Waive further reading and adopt. Action: XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF A CHANGE IN TERM OF CONTRACT NO. C25540 - LANDSCAPE MAINTENANCE AREA NO. 1. Rec: By Minute Motion, approve a change in the term of the subject contract with Hort Tech, Inc., Palm Desert, California, from twelve (12) to nine (9) months. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 B. REQUEST FOR APPROVAL OF A CHANGE IN TERM OF CONTRACT NO. C25560 - LANDSCAPE MAINTENANCE AREA NO. 2. Rec: By Minute Motion, approve a change in the term of the subject contract with Greenscape, Inc., Temecula, California, from twelve (12) to nine (9) months. Action: C. REQUEST FOR AWARD OF CONTACT FOR CONSTRUCTION OF INFRASTRUCTURE IN THE SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02) (CONTRACT NO. C25570A, PROJECT NO. 627-05). Rec: By Minute Motion: 1) Deem bid proposal submitted by The SJ & B Group, Inc., Riverside, California, non-responsive; 2) award the subject construction contract to Yeager-Skanska, Inc., Riverside California, in the amount of $14,470,270.58; 3) set aside a 10% contingency for the project; 4) authorize the Mayor to execute said contract. Action: D. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE SECOND PHASE OF SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02) IMPROVEMENTS (CONTRACT NO. C25420C). Rec: By Minute Motion: 1) Award the subject contract to Berg and Associates, Inc., La Quinta, California, in the amount of $1,353,376; 2) authorize the Mayor to execute same - funds are available in the Section 29 Assessment District Account. Action: E. REQUEST FOR DIRECTION ON DEVELOPMENT OF A SWIMMING FACILITY IN THE CITY OF PALM DESERT. Rec: By Minute Motion, direct staff on how to proceed with development of a swimming facility in the City of Palm Desert. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 F. REQUEST FOR APPROVAL OF THE PURCHASE OF SCULPTURE FROM THE 2007/2008 EL PASEO INVITATIONAL EXHIBITION FOR THE CITY'S PUBLIC ART COLLECTION. Rec: By Minute Motion: 1) Approve purchase of the bronze sculpture "Danseur" by Jean-Louis Corby from RE Welch Gallery, Palm Desert, California; 2) approve the amount of $102,472 for said purchase - funds are available in Account No. 436-4650-454-4001. Action: XVII. PUBLIC HEARINGS None XVIII. 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: XIX. ADJOURNMENT 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2007 FUTURE MEETINGS: May 1, 2007 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber 6:00 p.m. Youth Committee Administrative Conference Room May 8, 2007 12:00 p.m. Architectural Review Commission Community Services Conference Room May 9, 2007 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room May 10, 2007 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 20th day of April, 2007. Rachelle D. Klassen, City Clerk 10