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HomeMy WebLinkAboutAGENDA 08 MAY 2008 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 08, 2008 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 Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County Superior Court, Case No. CIV 80790; DCA No. E023514 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. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 VI. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson VII. INVOCATION - Mayor Pro Tem Robert A. Spiegel VIII. ORAL COMMUNICATIONS – B IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE HARRY CHURCH FOR HIS CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO. 4. Action: B. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE - APRIL 2008. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 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 Meeting of April 24, 2008. Rec: Approve as presented. B. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of March 2008 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. C. CITY OF PALM DESERT SINGLE AUDIT of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2007. Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Landscape Beautification Committee Meeting of March 19, 2008. 2. Marketing Committee Meeting of March 18, 2008. 3. Parks & Recreation Commission Meetings of March 4, and March 18, 2008. Rec: Receive and file. E. REQUEST FOR APPROVAL of Palm Desert ATHENA Scholarship Award Agreement Between City of Palm Desert and California State University, San Bernardino (Contract No. C24303). Rec: By Minute Motion, approve the subject agreement between the City of Palm Desert and California State University, San Bernardino, to establish the 2008 Palm Desert ATHENA Scholarship Fund. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 F. REQUEST FOR APPROVAL of Contract with Delta Dental for Employee Dental Benefits Through June 30, 2009 (Contract No. C27650). Rec: By Minute Motion, approve the subject contract between the City of Palm Desert and Delta Dental, and authorize the Mayor to execute same. G. REQUEST FOR AWARD OF BID for the Purchase of an Alternative-fuel Replacement Vehicle for the City's Fleet. Rec: By Minute Motion, award the purchase of an alternative-fuel vehicle to replace City Fleet Vehicle #66 to Robertson's Palmdale Honda, Palmdale, California, in the amount of $27,502.95 -- funds are available in the Vehicle Replacement Fund, Account No. 530-4195- 415-4030. H. REQUEST FOR ACCEPTANCE OF WORK for the Whitewater Bridge at Portola Avenue Landscape Project (Contract No. C22870D, Project No. 647-L-04) (Versa Landscape, Inc., Corona, 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. I. REQUEST FOR ACCEPTANCE OF WORK, Approval of Ledge Stone Veneers Maintenance Agreement, and Acceptance of a Letter of Credit for Construction of the Fred Waring Drive Soundwall Phase II from California Avenue to Washington Street (Contract No. C24100, Project No. 654-01) (Sukut Construction, Inc., Santa Ana, CA). Rec: By Minute Motion: 1) Accept the work as complete and authorize the City Clerk to file a Notice of Completion for Construction of the Fred Waring Drive Soundwall Phase II from California Avenue to Washington Street (Contract No. C24100, Project No. 654-01); 2) approve the Ledge Stone Veneer Maintenance Agreement with the contractor, Sukut Construction Inc., Santa Ana, California; 3) accept the Letter of Credit to further warrant and guarantee the Ledge Stone Veneers; 4) authorize the Mayor to execute the Veneer Maintenance Agreement. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 J. REQUEST FOR APPROVAL of a Bill of Sale to Verizon California Inc. for Telephone Property Lying Within the Whitewater Channel at the Portola Avenue Bridge Site (Contract No. C22870E). Rec: By Minute Motion, authorize the City Manager to execute the subject Bill of Sale to Verizon California Inc., Redlands, California, for telephone system infrastructure lying in general proximity to the Portola Avenue Bridge over the Whitewater Channel. K. REQUEST FOR AUTHORIZATION to Release Securities for Wall and Street Improvements and Acceptance of Maintenance Bonds for Community Facilities District (CFD) CFD-2005-1. (Palm Desert Funding Company, LP, Applicant). Rec: By Minute Motion, authorize the City Clerk to release securities for street and wall construction of CFD-2005-1 and accept maintenance bonds for same. L. CONSIDERATION of Legislative Review Committee Action on S2109 (Boxer-CA) and HR3682 (Bono-Mack-CA) - Wilderness Lands. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its April 22, 2008, Meeting and direct staff to prepare a letter of support for the Mayor's signature with regard to S2109 (Boxer) and HR3682 (Bono-Mack). M. REQUEST FOR APPROVAL of Out-of-State Travel for Capital Improvement Projects Technician to Attend the American Public Works Association International Public Works Congress & Exposition. Rec: By Minute Motion, approve the subject travel request for the Capital Improvement Projects Technician to attend the International Public Works Congress & Exposition in New Orleans, Louisiana, August 17-20, 2008 -- funds are available in Account No. 110-4300-413- 3120. N. REQUEST FOR AUTHORIZATION to Release Time Warner Cable, Desert Cities, Franchise Bond. Rec: By Minute Motion, authorize staff to release Time Warner Cable, Desert Cities, Franchise Bond. No. 8S10064830299241. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 08-26 - 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 HIGHWAY 74. Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 08-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING UNCLAIMED MONIES IN THE CITY'S TREASURY - MEYERS INVESTMENT CO. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $149,660 WITH HOGLE-IRELAND, INC., TO UPDATE TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE (CONTRACT NO. C27660). Rec: By Minute Motion, approve the subject Professional Services Agreement with Hogle-Ireland, Inc., Palm Springs, California, in the amount of $149,660 for services required to update Title 25 (Zoning) of the Palm Desert Municipal Code to be consistent with the City's General Plan - funds are available in Account No. 110- 4470-412-3090. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 B. REQUEST FOR AUTHORIZATION FOR STAFF TO SUBMIT THE FIRST DRAFT OF THE GENERAL PLAN 2008 HOUSING ELEMENT UPDATE TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD). Rec: By Minute Motion, authorize staff to submit the first draft of the General Plan 2008 Housing Element Update, as presented at a Joint City Council/Planning Commission Study Session on May 8, 2008, to the State of California Department of Housing and Community Development (HCD). Action: XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT AND REVISED RESOLUTION FOR THE SAKS FIFTH AVENUE EXPANSION AND THE EL PASEO VILLAGE REMODEL - SUBJECT PROPERTIES ARE LOCATED 73-425 THROUGH 73-545 EL PASEO (APNs 627-252- 004/005 and 627-261-006) Case Nos. PP 07-10, CUP 07-18 and DA 07- 03 (Davis Street Land Company, Applicant) (Continued from the meeting of April 24, 2008). Rec: By Minute Motion, continue this matter to the meeting of May 22, 2008. Action: XVI. OLD BUSINESS None 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM INDUSTRIAL-BUSINESS PARK (I.B.P.) TO PUBLIC/QUASI, PUBLIC FACILITIES (PF), A CHANGE OF ZONE FROM SERVICE INDUSTRIAL (S.I.) TO PUBLIC INSTITUTION (P), PRECISE PLAN, CONDITIONAL USE PERMIT, AND A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A NEW, 42,512 SQUARE FOOT, TWO-STORY ADMINISTRATIVE FACILITY FOR COACHELLA VALLEY WATER DISTRICT - PROPERTY LOCATED AT 75-515 HOVELY LANE EAST (APNs 632-030-003 and 632-030-015) Case Nos. GPA 07-02, C/Z 07-01, PP 07-09, and CUP 07-10 (WLC Architects, Inc., Applicant). Rec: Waive further reading and: 1) Adopt Resolution No. 08-28, approving General Plan Amendment No. 07-02. 2) Pass Ordinance No. 1155 to second reading, approving Change of Zone No. 07-01. 3) Adopt Resolution No. 08-29, approving Precise Plan No. 07-09, Conditional Use Permit No. 07-10, and a Mitigated Negative Declaration of Environmental Impact, subject to conditions attached. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 B. REQUEST FOR APPROVAL OF A PRECISE PLAN AMENDMENT FOR AN EXTENSIVE REMODEL AND MINOR ADDITION TO AN EXISTING 76,195 SQUARE FOOT RETAIL CENTER ON A 5.15-ACRE SITE BOUNDED BY HIGHWAY 111, LARKSPUR LANE AND EL PASEO; REMODEL TO INCLUDE DECORATIVE ARCHITECTURAL ELEMENTS 42 FEET IN HEIGHT - PROPERTY ADDRESSES: 73-547 TO 73-613 HIGHWAY 111, 45-051 LARKSPUR LANE, AND 73-540 TO 73-580 EL PASEO, JENSEN'S MARKET AND ADJACENT SHOPS FACING HIGHWAY 111, THREE DOG BAKERY FACING LARKSPUR LANE, AND VARIOUS SHOP TENANTS IN THREE BUILDINGS THAT FACE EL PASEO LOCATED DIRECTLY BEHIND (SOUTH) OF THE JENSEN'S SHOPPING CENTER Case No. PP 07-14 (Bill Lang, Commerce Realty, and Keith Palmer, AIA, Bryant Palmer Soto, Applicants). Rec: Waive further reading and adopt Resolution No. 08-30, approving Precise Plan No. 07-14, subject to conditions attached. Action: C. REQUEST FOR APPROVAL OF THE OUTSIDE AGENCY FUNDING COMMITTEE'S FISCAL YEAR 2008-2009 FUNDING RECOMMENDATIONS, ONE-YEAR ACTION PLAN, AND FIVE-YEAR CONSOLIDATED PLAN. Rec: By Minute Motion: 1) Approve Outside Agency Funding Committee's FY 2008-2009 recommendations as proposed. 2) Approve FY 2008-2009 One-year Action Plan. 3) Approve Five-year Consolidated Plan. 4) Authorize the City Manager to sign One-year Action Plan Certifications. 5) Authorize staff to submit the Action Plan to the U.S. Department of Housing and Urban Development (HUD). Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Reminder to Adjourn this meeting to 10:00 a.m. Thursday, May 15, 2008, for Hearing on the Appeal in the Matter of the Conditional Use Permit for Augusta’s Restaurant. 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: XIX. ADJOURNMENT 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2008 FUTURE MEETINGS: May 13, 2008 12:00 p.m. Architectural Review Commission Community Services Conference Room May 14, 2008 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room May 19, 2008 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room May 20, 2008 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 May 21, 2008 9:00 a.m. Art in Public Places Commission Visitor Center – 72567 Highway 111 11:30 a.m. Landscape Beautification Committee Public Works Conference Room 3:00 p.m. Library Promotion Committee -CANCELED- May 22, 2008 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 ND not less than 72 hours prior to the meeting. Dated this 2 day of May, 2008. __________________________ Rachelle D. Klassen, City Clerk 11