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HomeMy WebLinkAboutAGENDA 22 MAY 2008 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 22, 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 Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 73-425 El Paseo, Palm Desert (El Paseo Village), (APNs 627-252-004, -005 & 627-261-006) Negotiating Parties: Agency: Carlos L. Ortega/Ryan Stendell/City of Palm Desert Property Owner: Robert Perlmutter c/o Street Land Company Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title of Position: City Attorney V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Spiegel VII. INVOCATION - Mayor Jean M. Benson 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. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the City Clerk and are available for public inspection during normal business hours, Monday - Friday, 8:00 a.m. - 5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS None 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 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 May 8, 2008. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 239, 240, 245, 249, 250. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fisherman's Market & Grill, 44250 Town Center Way, Suite C2, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Longs Drugs, 74-527 Highway 111, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meeting of April 1, 2008. 2. Youth Committee Meeting of April 7, 2008. Rec: Receive and file. F. RESIGNATION from Amanda Caudill - Youth Committee. Rec: Receive with very sincere regret. G. RESIGNATION from Gurtej (Gary) Gill - Youth Committee. Rec: Receive with very sincere regret. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 H. RESIGNATION from Ryan O'Connell - Youth Committee. Rec: Receive with very sincere regret. I. REQUEST FOR AWARD OF CONTRACT for the Annual Fall 2008 and Spring 2009 Color Flowering Plants for the El Paseo Medians and Civic Center Park (Contract No. C27460, Project No. 930-08). Rec: By Minute Motion, award the subject contract for Annual Fall 2008 and Spring 2009 Color to Arakawa Nursery, Inc., Corona, California, in the amount of $14,961.34 - funds are available in Account Nos. 110-4610-453-2190 and 110-4614-453-3370. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C25030A - Landscape Improvements on Country Club Drive Medians from Monterey Avenue to Portola Avenue (Project No. 934-06) (Park West 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. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C25550 - Construction of the Fred Waring Drive Widening Phase II Project - California Avenue to Washington Street (Project No. 655-01) (Granite Construction Company, Indio, 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. L. REQUEST FOR AUTHORIZATION to Release Performance Bond and Accept Maintenance Bond for Parcel Map No. 34843 (Pacific Pointe Partners, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the Performance Bond for Parcel Map No. 34843 and accept a Maintenance Bond in its place. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 M. REQUEST FOR AUTHORIZATION to Accept Agreements for Sidewalk Maintenance and Drywell Maintenance for The Colonnade Project Located at 73-399 El Paseo and Lupine Lane (Desert El Paseo, LP, and Harkham Family Enterprises, LP, Applicants). Rec: By Minute Motion: 1) Accept Maintenance Agreements between Desert El Paseo, LP, Harkham Family Enterprises, LP, and the City of Palm Desert for sidewalk and catch basin/drywell maintenance for The Colonnade Project; 2) authorize the City Manager to execute said Agreements. N. CONSIDERATION of Request from the Palm Desert Sister Cities Foundation to Serve Alcohol at a Reception Being Held at the Palm Desert Visitor Center on June 16, 2008. Rec: By Minute Motion, approve the request from the Palm Desert Sister Cities Foundation to serve alcohol at the Palm Desert Visitor Center for a reception on June 16, 2008. O. REQUEST FOR APPROVAL of Fireworks Display Contract No. C27710 for the 2008 Independence Day Celebration. Rec: By Minute Motion: 1) Approve the subject contract in the amount of $35,148 ($7,500 will be paid by the City of Rancho Mirage) with Pyro-Spectaculars by Souza, Rialto, California, for professional and pyrotechnic supplies and services for the annual Independence Day Celebration scheduled to be held on July 4, 2008; 2) authorize the Mayor to execute said contract - funds have been budgeted in Account No. 110-4416-414-3061. P. INFORMATIONAL REPORT on Media Placements and Public Relations Activities Provided by Nancy J. Friedman Public Relations. Rec: Receive and file. Action: XI. CONSENT ITEMS HELD OVER 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 XII. RESOLUTIONS A. RESOLUTION NO. 08-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2008-2009. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1155 - 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 DISTRICT) TO P (PUBLIC INSTITUTION) FOR THE PROPERTY LOCATED AT 75-515 HOVLEY LANE EAST Case No. C/Z 07-01 (WLC Architects, Inc., Applicant). Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. APPOINTMENT OF A REPRESENTATIVE TO THE TRAILS MANAGEMENT SUBCOMMITTEE FOR THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (CVMSHCP). Rec: By Minute Motion, appoint a representative to the Trails Management Subcommittee for the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 B. REQUEST FOR APPROVAL OF THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT, KEMPER SPORTS MANAGEMENT, INC., AND THE PALM DESERT RECREATIONAL FACILITIES CORPORATION TO OPERATE AND MANAGE THE DESERT WILLOW GOLF RESORT (CONTRACT NO. C27680). Rec: By Minute Motion, approve the Management Agreement between the City of Palm Desert, Kemper Sports Management, Inc., and the Palm Desert Recreational Facilities Corporation to operate and manage the Desert Willow Golf Resort. Action: C. REQUEST FOR APPROVAL TO INITIATE PROCEEDINGS TO LEVY AND COLLECT ANNUAL ASSESSMENTS AND FOR PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR THE CONSOLIDATED PALM DESERT LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2008-2009. Rec: Waive further reading and adopt: 1) Resolution No. 08-33, initiating proceedings for the levy and collection of annual assessments for the Palm Desert Consolidated Landscape and Lighting District for Fiscal Year 2008-2009; 2) Resolution No. 08-34, declaring the intent to levy and collect annual assessments for the Palm Desert Consolidated Landscape and Lighting District, and granting preliminary approval of the Engineer's Report for Fiscal Year 2008- 2009. Action: D. REQUEST FOR APPROVAL TO INITIATE PROCEEDINGS FOR THE PROPOSED IMPROVEMENT CHANGE AND INCREASE IN ASSESSMENT FOR THE "SANDCASTLES" LANDSCAPING AND LIGHTING DISTRICT. Rec: Waive further reading and adopt: 1) Resolution No. 08-35, initiating proceedings for a proposed new or increased assessment for Zone 05 - Sandcastles of the Palm Desert Consolidated Landscaping and Lighting District, commencing with Fiscal Year 2008-2009; 2) Resolution No. 08-36, declaring its intention to add landscape improvements to Zone 05 - Sandcastles of the Palm Desert Consolidated Landscaping and Lighting District, and declaring its intention to conduct property owner balloting on the matter of new or increased assessment related thereto, commencing with Fiscal Year 2008-2009. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 E. REQUEST FOR APPROVAL TO INITIATE PROCEEDINGS FOR FORMATION OF THE "SILVER SPUR RANCH" LANDSCAPING AND LIGHTING DISTRICT. Rec: Waive further reading and adopt: 1) Resolution No. 08-37, initiating proceedings for formation of the Silver Spur Ranch Landscaping and Lighting District, the concurrent annexation and consolidation of said district into the Palm Desert Consolidated Landscaping and Lighting District as Zone 17; and the levy and collection of assessments related thereto, commencing with Fiscal Year 2008- 2009; 2) Resolution No. 08-38, declaring its intention to form Silver Spur Ranch Landscaping and Lighting District, concurrently annex and consolidate said district into the Palm Desert Consolidated Landscape and Lighting District as Zone 17; and declaring its intention to conduct property owner balloting on the matter of assessments related thereto, commencing with Fiscal Year 2008- 2009. Action: F. REQUEST FOR APPROVAL TO INITIATE PROCEEDINGS FOR FORMATION OF THE "PRESIDENTS PLAZA I" PROPERTY AND BUSINESS IMPROVEMENT DISTRICT. Rec: Waive further reading and adopt: 1) Resolution No. 08-39, initiating proceedings for formation of the Presidents Plaza I Property and Business Improvement District, and the levy and collection of assessments, pursuant to the provisions of Part 7 of Division 18 of the California Streets and Highways Code, for Fiscal Year 2008- 2009; 2) Resolution No. 08-40, describing proposed improvements and services and approving the Management District Plan, and preliminarily approving the Engineer's Report regarding proposed formation/renewal of the Presidents Plaza I Business Improvement District, pursuant to the provisions of Part 7 of Division 18 of the California Streets and Highways Code, for Fiscal Year 2008-2009; 3) Resolution No. 08-41, declaring the City's intention to form the Presidents Plaza I Business Improvement District and to levy and collect assessments therein, and calling for an Assessment Ballot Proceeding to submit to the qualified property owners within such district the question of levying assessments for such district, commencing Fiscal Year 2008-2009. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 G. REQUEST FOR DIRECTION REGARDING THE UNDERGROUNDING OF UTILITIES ALONG THE EAST SIDE OF PORTOLA AVENUE BETWEEN FRED WARDING DRIVE AND DESERT STAR BOULEVARD AND AWARD OF CONTRACT NO. C27690 TO DAVID EVANS AND ASSOCIATES FOR DESIGN OF THE SIDEWALK AND AESTHETIC IMPROVEMENTS ON NORTHBOUND PORTOLA AVENUE BETWEEN FRED WARING DRIVE AND DESERT STAR BOULEVARD (PROJECT NO. 633-07). Rec: By Minute Motion: 1) Direct staff to underground the utilities along the east side of Portola Avenue between Fred Waring Drive and Desert Star Boulevard; 2) award Contract No. C27690 to David Evans and Associates, Riverside, California, in the amount of $63,880 for the design of the sidewalk and aesthetic improvements on northbound Portola Avenue between Fred Waring Drive and Desert Star Boulevard; 3) authorize the Mayor to execute same. 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, DA 07-03, and DA 07-04 (Davis Street Land Company, Applicant) (Continued from the meetings of April 24, and May 8, 2008). Rec: By Minute Motion: 1) Adopt the findings to approve Case Nos. DA 07-03 and DA 07-04; 2) waive further reading and pass Ordinance No. 1156, to second reading; 3) waive further reading and adopt Resolution No. 08-42, approving Case Nos. PP 07-10 and CUP 07- 18, as revised; 4) by Minute Motion appropriate $750,000 from Unobligated General Fund for payment of public parking easement. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 XVI. OLD BUSINESS A. UPDATE ON THE CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY, AND PALM DESERT HOUSING AUTHORITY STRATEGIC OBJECTIVES (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion, receive and file the Update on the City of Palm Desert, Palm Desert Redevelopment Agency, and Palm Desert Housing Authority Strategic Objectives. Action: B. REQUEST FOR APPROVAL OF AMENDMENT NO. 4 TO THE REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF INDIAN WELLS, CITY OF PALM DESERT, AND THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) RELATED TO THE FRED WARING DRIVE WIDENING FROM CALIFORNIA AVENUE TO WASHINGTON STREET (CONTRACT NO. C20810). Rec: By Minute Motion, authorize the Mayor to execute Amendment No. 4 to the Reimbursement Agreement between the City of Indian Wells, City of Palm Desert, and CVAG related to the Fred Waring Drive Widening from California Avenue to Washington Street. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A REQUEST BY OAKMONT SENIOR LIVING, LLC, WHICH CONSISTS OF A CONDITIONAL USE PERMIT AND A PROPOSED PRECISE PLAN TO CONSTRUCT 121 SENIOR COMMUNITY CARE AND HEALTHCARE UNITS WITH DECORATIVE ARCHITECTURAL ELEMENTS UP TO 34 FEET - 11 INCHES TALL ON 8.63 ACRES LOCATED ON THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND MONTEREY AVENUE (73-050 COUNTRY CLUB DRIVE); A MITIGATED NEGATIVE DECLARATION RESULTING FROM AN ENVIRONMENTAL ASSESSMENT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) HAS BEEN PREPARED FOR THE PROPOSED PROJECT Case Nos. CUP 07-17 and PP 07-15 (The Robert L. Mayer Trust of 1982 and Oakmont Senior Living, LLC, Applicants). Rec: Waive further reading and adopt Resolution No. 08-43, approving Case Nos. CUP 07-17 and PP 07-15, subject to conditions attached. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Reminder of Upcoming Study Sessions: Joint City Council/Parks & Recreation Commission Study Session, Thursday, May 29, 2008, 10:00 a.m.,--Community/Recreation Center. Joint City Council/Redevelopment Agency/Housing Authority Study Session, Monday, June 2, 2008, 1:00 p.m.,--Preliminary Fiscal Year 2008-2009 Budgets. Action: 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 2008 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 FUTURE MEETINGS: May 27, 2008 10:00 a.m. Audit, Investment & Finance Cmte. North Wing Conference Room 10:00 a.m. Historic Preservation Committee -CANCELED- 12:00 p.m. Architectural Review Commission Community Services Conference Rm. June 2, 2008 6:00 p.m. Youth Committee Administrative Conference Room June 3, 2008 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber June 10, 2008 12:00 p.m. Architectural Review Commission Community Services Conference Rm. June 11, 2008 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room June 12, 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 not less than 72 hours prior to the meeting. Dated this 16th day of May, 2008. __________________________ Rachelle D. Klassen, City Clerk 12