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Home My WebLink AboutAGENDA 13 SEP 2007 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 13, 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: APNs 653-740-001/002/003; 653-370-04/018/028/029/030 Negotiating Parties: Agency: Justin McCarthy/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Carlos L. Ortega/City of Palm Desert; County of Riverside Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Portola Community Center – 45-480 Portola Avenue, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/ City of Palm Desert Property Owner: City of Palm Desert Other Parties: Coachella Valley Mountains Conservancy, Desert Cancer Foundation, Palm Desert Sister Cities Foundation Under Negotiation: x Price x Terms of Payment 3) Property: APNs 620-290-030, 620-300-056, 620-310-031, and 620-320-034 (Portion) POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 Negotiating Parties: Agency: Carlos L. Ortega/Mark Greenwood/City of Palm Desert Property Owner: Palm Desert Greens Association Under Negotiation: x Price x Terms of Payment 4) Property: 72-375 Upper Way West, Palm Desert (APN 628-130- 014) Negotiating Parties: Agency: Carlos L. Ortega/Lauri Aylaian/City of Palm Desert Property Owner: Janice C. Wood Living Trust, Dated 10-31-96 Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. Labrador Investments, et al., Riverside County Superior Court, Case No. INC059971 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Labor Negotiator pursuant to Government Code Section 54957.6 Negotiating Party: Carlos L. Ortega/City of Palm Desert V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION Action: VI. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS – B 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 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 OCTOBER 2007 AS "FIRE PREVENTION AND MIN-MUSTER MONTH" IN THE CITY OF PALM DESERT. Action: B. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 3, 2007, AS "WALK AND BICYCLE TO SCHOOL DAY" IN THE CITY OF PALM DESERT. Action: X. 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 Meetings of August 9, 2007, and August 23, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 23, 24, 28, 33, 35, 36, 37, 41, 43, 44, 48, 53, 54, 55, 59, and 63. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#592) by Verizon in an Unspecified Amount. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CITY'S/AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for May 2007 and June 2007 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Chateau Gourmet, 41-555 Cook Street, Suite 150, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by La Spiga Ristorante Italiano, 72-557 Highway 111, Palm Desert. Rec: Receive and file. G. PARKS & RECREATION COMMISSION Meeting Minutes for June 19, 2007 and July 3, 2007. Rec: Receive and file. H. REQUEST OR AUTHORIZATION of $22,705 Reimbursement to Stone Eagle Development, LLC, for Installation of Conduit, Pull Boxes, and Underground Vaults to Allow for Future Undergrounding of Utilities North of the Stone Eagle Development. Rec: By Minute Motion: 1) Authorize reimbursement in the amount of $22,705 to Stone Eagle Development, LLC, Indian Wells, California, for work performed in 2006 to provide for future undergrounding of utilities to the north of Stone Eagle Development; 2) appropriate $22,705 to Account No. 110-4470- 412-3090 from Unobligated General Fund monies for this purpose. I. REQUEST FOR AUTHORIZATION to Purchase Request-Tracking Software Program for Managing Information and Service Requests. Rec: By Minute Motion, authorize staff to purchase "CivicaAssist," a software program for managing information and service requests - funds are available in Account No. 110-4300-413-3090. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 J. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) with Desert Sands Unified School District to Provide Crossing Guards in the City of Palm Desert (Contract No. C26930). Rec: By Minute Motion, approve the subject MOU to provide crossing guards in Desert Sands Unified School District in the City of Palm Desert - funds are available in Account No. 110-4210-422-3090. K. REQUEST FOR AUTHORIZATION to Enter Into contract with Hurdzan- Fry Golf Course Architects for Revisions to Desert Willow Golf Resort (Contract No. C26940). Rec: By Minute Motion, authorize: 1) Staff to enter into the subject contract with Hurdzan-Fry Golf Course Architects to provide architectural services at the Desert Willow Golf Resort in the amount of $35,000 plus $2,500 for reimbursable; 2) the City Manager to execute said contract; 3) appropriation of $37,500 from Fund 241-4195-8092 for this purpose. L. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C25030 - Landscape Design for Country Club Drive Median from Portola Avenue to Monterey Avenue. Rec: By Minute Motion: 1) Authorize transfer of $1,911 from contingency to base for the subject contract; 2) approve Change Order No. 1 in the amount of $1,911 to the subject contract with Community Works Design Group, Riverside, California, and authorize the Mayor to execute same. M. REQUEST FOR APPROVAL of Parcel Map No. 33996 (Bighorn Development, Applicant). Rec: Waive further reading and adopt Resolution No. 07-62, approving the map of Parcel Map No. 33996. N. REQUEST FOR APPROVAL of Parcel Map No. 35269 (Peter Hartwig/Kathleen Ann Collins c/o Essi Shahandeh, Civil Engineer, Applicants). Rec: Waive further reading and adopt Resolution No. 07-63, approving the map of Parcel Map No. 35269. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 O. REQUEST FOR APPROVAL of Out-of-State Travel for Senior Management Analyst/Community Services to the 2007 National League of Cities National Summit on Your City's Families. Rec: By Minute Motion, approve the subject out-of-state travel for the Senior Management Analyst/Community Services to attend and participate in the 2007 National Summit on Your City's Families sponsored by the National League of Cities, scheduled to be held September 30 - October 2, 2007, in San Antonio, Texas - funds are available in the FY 2007/08 Budget, Account No. 110-4416-414- 3061. P. REQUEST FOR APPROVAL of Out-of-State Travel for Risk Manager to the professional Conference on Industrial Hygiene (PCIH). Rec: By Minute Motion, authorize the Risk Manager to travel to Louisville, Kentucky, October 20-23, 2007, to attend the Professional Conference on Industrial Hygiene in an amount not to exceed $2,485 - funding is available in Account No. 110-4260-422- 3120 Q. REQUEST FOR RATIFICATION of the City Manager's Approval of Contract for Production of Public Service Announcements for the "Set To Save" Energy Program (Refrigerator Recycling) (Contract No. C26660). Rec: By Minute Motion, ratify City Manager's approval of the subject agreement with The Lawrence Company, El Segundo, California, in the amount of $44,800 and the expenditure of said funds from Account No. 236-4195-454-3090. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 07-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2006/07 BUDGET AS A RESULT OF YEAR-END ADJUSTMENTS. Rec: Waive further reading and adopt. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 XIII. ORDINANCES For Introduction: For Adoption: XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE PALM DESERT STRATEGIC SOLAR PLAN WITH PHASES ONE, TWO, AND THREE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Adopt the Palm Desert Strategic Solar Plan; 2) authorize staff to return to the City Council with a Management Contract for Services and Activities listed in the Strategic Solar Plan; 3) authorize appropriation of $1,000,000 from the Palm Desert Redevelopment Agency's unallocated Project Areas Nos. 1,2,3, and 4 Funds for Phase One funding, subject to members of the Palm Desert Partnership supporting the application for CPUC (California Public Utility Commission) funds for photovoltaic incentives for future Phases Two and Three; 4) authorize the City Manager to begin negotiations with outside agencies to secure additional funding for Phases Two and Three. Action: B. REQUEST FOR APPROVAL OF THIRD AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT (CONTRACT NO. C22013). Rec: By Minute Motion, approve Third Amendment of the Agreement for Law Enforcement Services between the County of Riverside and the City of Palm Desert, reflecting Fiscal Year 2007/08 Budget implementation, and authorize the Mayor to execute same. Action: C. STATUS REPORT ON LANDSCAPING FOR PALM DESERT MOBILE ESTATES Rec: Report to be provided by staff Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 D. CONSIDERATION OF REIMBURSEMENT OPTIONS FOR THE COOK STREET WIDENING PROJECT (PROJECT NO. 601-05). Rec: By Minute Motion, direct staff to disengage from the current 50% bond reimbursement agreement with the Coachella Valley Association of Governments (CVAG) and enter into a new agreement with CVAG for a 75% reimbursement at a future date. Action: XV. CONTINUED BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTION APPROVING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR THE COSTS OF IMPROVEMENTS TO COOK STREET (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY) (Continued from the meeting of August 9, 2007). Rec: Waive further reading and adopt: 1) City Council Resolution No. 07-60, approving payment by the Palm Desert Redevelopment Agency for the costs of improvements to Cook Street; 2) Redevelopment Agency Resolution No. 542, approving payment by the Agency for the costs of improvements to Cook Street. Action: XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 2 TO CONTRACT NO. C25570A - CONSTRUCTION OF INFRASTRUCTURE IN THE SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02) (PROJECT NO. 627-05). Rec: By Minute Motion: 1) Approve Change Order No. 2 in the amount of $88,324.86 to the subject contract with Skanska Civil USA West (formerly Yeager-Skanska Inc.), Riverside, California; 2) authorize the transfer of $88,324.86 from contingency to base for the project; 3) authorize the Mayor to execute Change Order No. 2 - funds are available in the Project Account, No. 469-4350-433-4001. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 B. REQUEST FOR APPROVAL OF THE PALM DESERT AQUATIC COMPLEX DESIGN AND RELATED ACTIONS. Rec: By Minute Motion: 1) Approve the Aquatic Center conceptual design, as presented; 2) authorize Ruhnau, Ruhnau, Clarke, Riverside, California, to develop construction documents based on the proposed design; 3) authorize the City Manager to execute a Joint Use Agreement with College of the Desert for construction and operation of a City Aquatic Center (Contract No. C26270). Action: C. REPORT ON THE PROPOSED CLOSURE OF NORTHBOUND MONTEREY AVENUE FOR THE COACHELLA VALLEY WATER DISTRICT'S IMPROVEMENT DISTRICT 53 TRUNK SEWER PROJECT. Rec: Receive and file. Action: XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A PRECISE PLAN/CONDITIONAL USE PERMIT AND DEVELOPMENT AGREEMENT TO CONSTRUCT A 12- UNIT SENIOR CITIZEN APARTMENT PROJECT LOCATED AT 73-811 SANTA ROSA WAY, AND APPROVAL OF THE HOUSING AGREEMENT RELATED THERETO Case Nos. DA 07-01 and PP/CUP 07-06 (Bernard Investment Group / Ken Bernard, Applicant) (Continued from the meeting of August 9, 2007). Rec: 1) Waive further reading and pass Ordinance No. 1141 to second reading, approving Development Agreement No. 07-01. 2) Waive further reading and adopt Resolution No. 07-61, approving Precise Plan/Conditional Use Permit No. 07-06, subject to the attached conditions. 3) By Minute Motion, approve the Housing Agreement, substantially as to form, authorize the City Manager to finalize the agreement and the Mayor to execute same. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 B. REQUEST FOR APPROVAL OF A PRECISE PLAN/CONDITIONAL USE PERMIT AND DEVELOPMENT AGREEMENT TO CONSTRUCT A 14- UNIT SENIOR CITIZEN APARTMENT PROJECT LOCATED AT 73-811 SANTA ROSA WAY, AND APPROVAL OF THE HOUSING AGREEMENT RELATED THERETO Case Nos. DA 07-01 and PP/CUP 07-06 (Bernard Investment Group / Ken Bernard, Applicant). Rec: 1) Waive further reading and pass Ordinance No. 1141A to second reading, approving Development Agreement 07-01. 2) Waive further reading and adopt Resolution No. 07-61A, approving Precise Plan/Conditional Use permit 07-06, subject to conditions attached thereto. 3) By Minute Motion, approve the Housing Agreement, substantially as to form, and authorize the City Manager to finalize the Agreement and the Mayor to execute same. Action: C. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DENIAL OF AN AMENDMENT TO DEVELOPMENT AGREEMENT 02-01 TO ALLOW THE DIVISION OF HOMES FROM FOUR (4) TO 12 FRACTIONAL INTERESTS WITH THE STONE EAGLE PROJECT WEST OF HIGHWAY 74 AT HOMESTEAD ROAD - APPLICATION HAS SINCE BEEN REVISED TO NINE (9) FRACTIONAL INTERESTS ON A MAXIMUM 20 UNITS Case No. DA 02-02 Amendment #1 (Eagle 6.5 LLC, Applicant/Appellant). Rec: Waive further reading and pass Ordinance No. 1142 to second reading, approving an amendment to the Stone Eagle Development Agreement, subject to a Negotiated Facilities Impact Fee similar to other timeshare projects within the City. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 D. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION APPROVAL FOR TWO (2) TENTATIVE TRACT MAPS TO SUBDIVIDE 7.58 ACRES INTO 331 LOTS FOR PROPERTY LOCATED AT 73-750 COUNTRY CLUB DRIVE (APNs 620-272-014, 620-261-050, 620-251- 039, 620-241-027, 620-094-026, 620-082-035, 630-131-031, 620-141- 001, and 620-151-034) Case Nos. TT 35271 and 35272 (Palm Desert Greens Association, Applicant) (Gerhard Befeld, Appellant). Rec: Waive further reading and adopt Resolution No. 07-65, reaffirming the action of the Planning Commission and approving two (2) Tentative Tract Maps to subdivide 7.58 acres into 331 lots, dated July 3, 2007. Action: E. REQUEST FOR APPROVAL OF AMENDED CITY OF PALM DESERT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CITIZEN PARTICIPATION PLAN Rec: By Minute Motion, approve the Amended City of Palm Desert Community Development Block Grant (CDBG) Citizen Participation Plan. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o Police Department 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 13, 2007 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 FUTURE MEETINGS: September 17, 2007 3:00 p.m. Citizens’ Adv. Cmte. – Proj. Area #4 Administrative Conference Room September 18, 2007 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 September 19, 2007 9:00 a.m. Art in Public Places Commission North Wing Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room September 25, 2007 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 10:00 a.m. Historic Preservation Committee Administrative Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room September 27, 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 7th day of September, 2007 Rachelle D. Klassen, City Clerk 12