Loading...
HomeMy WebLinkAbout2006-04-27 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 27, 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: 1) Property: 15.62 acres, APNs 624-160-001/002 Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Coachella Valley Recreation & Park District Other Parties: 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 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 2 Public Employment pursuant to Government Code Section 54957: Title of Position: City Attorney POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2006 IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE YOUTH COMMITTEE. Rec: By Minute Motion, appoint Kevin Park to the Palm Desert Youth Committee (term 12/31/06). Action: 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 VII, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular City Council Meeting of April 13, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 201, 205, 206, and 207. Rec: Approve as presented. C. CITY'S/AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for January 2006 and February 2006 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2006 D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by JRR Food Service, Inc., for Angelina's Pizza & Pasta, 72-785 Highway 111, Suite G2, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by SC Restaurants, Inc., for Inn On El Paseo, 73-445 El Paseo, Suite 11A, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES 1. Parks & Recreation Commission Meeting of March 21, 2006. 2. Public Safety Commission Meeting of February 8, 2006. 3. Sister Cities Committee Meeting of February 16, 2006. 4. Youth Committee Meeting of March 7, 2006. Rec: Receive and file. G. RESOLUTION NO. 06-58 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Paper Files from the Department of Building & Safety that Have Been Digitally Imaged (January 2006). Rec: Waive further reading and adopt. H. REQUEST FOR AWARD OF BID for Purchase of a Cold Planer Attachment for the City's Skid-steer Loader. Rec: By Minute Motion, award the subject bid to D3 Equipment, Fontana, California, in the amount of $7,455.23 - funds are available in Account no. 110-4310-433-4045. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2006 I. CONSIDERATION of Legislative Review Committee Action of AB 2089 (Tran) - Tax Levies. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 5, 2006, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2089 (Tran). J. CONSIDERATION of Legislative Review Committee Action of AB2096 (Parra) - Tax Levies. Rec: By Minute Motion, concur the with action taken by the Legislative Review Committee at its meeting of April 5, 2006, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2096 (Parra). K. CONSIDERATION of Legislative Review Committee Action of AB 2139 (Garcia) - Emergency Protective Orders. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 5, 2006, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 2139 (Garcia). L. CONSIDERATION of Legislative Review Committee Action on AB 2197 (DeVore) - Tax Increment Financing. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 5, 2006, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2197 (DeVore). M. CONSIDERATION of Legislative Review Committee Action of AB 2218 (Torrico) - Tax Levies. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 5, 2006, and direct staff to prepare a letter of opposition for Mayor's signature with regard to AB 2218 (Torrico). 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2006 N. CONSIDERATION of Legislative Review Committee Action on AB 2219 (Torrico) - Political Reform Act of 1974. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 5, 2006, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2219 (Torrico). O. CONSIDERATION of Legislative Review Committee Action of AB 2533 (Leno) - Tax Levies. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 5, 2006, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2533 (Leno). P. CONSIDERATION of Legislative Review Committee Action on AB 2922 (Jones) - Low and Moderate Income Housing Fund. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 5, 2006, and direct staff to prepare a letter of opposition for Mayor's signature with regard to AB 2922 (Jones). Q. CONSIDERATION of Legislative Review Committee Action on SB 1291 (Alquist) - Tax Levies. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 5, 2006, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 1291 (Alquist) R. CONSIDERATION of Legislative Review Committee Aciton on SB 1643 (Runner) - Sales and Use Tax Exemptions. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 5, 2006, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 1643 (Runner). 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2006 S. CONSIDERATION of Legislative Review Committee Action on SB 1832 (Kehoe) - Fee Waivers. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 5, 2006, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 1832 (Kehoe). T. CONSIDERATION of Request to Server Wine at Sister Cities Firefighters' Recognition Event. Rec: By Minute Motion, permit the consumption of alcoholic beverages on City-owned property in connection with a special event, the Sister Cities Firefighters' Recognition, scheduled to be held at the Palm Desert Civic Center Park on May 10, 2006. U. REQUEST FOR APPROVAL of Out-of-State Travel for the International H.T.E. Users' Group (HUG) Conference. Rec: By Minute Motion, approve the subject travel to the five-day Annual International H.T.E. HUG Conference in Lake Buena Vista, Florida, June 5-9, 2006, for one additional Building & Safety Department staff person - funds are available in Account No. 110-4420-422- 3120. V. REQUEST FOR AWARD OF BID for the purchase of Two Replacement Pickup Trucks. Rec: By Minute Motion, award the purchase of two Ford F-150 Pickup Trucks to Moss Bros. Ford, Colton, California, in the amount of $35,655.24 and appropriate same to Fund 530 - vehicles to be used by City Code Compliance staff and will be purchased with Abandoned Vehicle Authority Funds. W. REPORT on History of the Abandoned Florida Avenue Sidewalk Related to the Fred Waring Drive Widening Project. Rec: Receive and file. Action: VII. CONSENT ITEMS HELD OVER 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2006 VIII. RESOLUTIONS A. RESOLUTION NO. 06-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 32655-1 AND APPROVING THE AGREEMENT RELATING THERETO (Hover Development Company, Inc., Applicant). Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 06-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 33837-1 AND THE AGREEMENT RELATING THERETO (Taylor Woodrow, Inc., Applicant). Rec: Waive further reading and adopt. Action: IX. ORDINANCES For Introduction: None For Adoption: None X. NEW BUSINESS A. UPDATE ON THE COACHELLA VALLEY WATER DISTRICT'S SEWER INSTALLATION PROJECT. Rec: To be provided. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2006 B. REQUEST FOR APPROVAL OF THE ASSIGNMENT FROM WASTE MANAGEMENT OF THE DESERT TO BURRTEC WASTE INDUSTRIES FOR SOLID WASTE DISPOSAL SERVICES TO THE CITY OF PALM DESERT. Rec: By Minute Motion, approve of the assignment of the Solid Waste Franchise (Contract No. C17230) to Burrtec Waste Industries with the provisions of Findings Nos. 6 and 7 and as stipulated within the HFH Report. Action: C. REQUEST FOR APPROVAL OF FIRST AMENDMENT TO THE HOUSING AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND SARES REGIS, ALSO KNOWN AS LOMAS DE ARENA, L.P. Rec: By Minute Motion: 1) Approve the First Amendment to the Housing Agreement between the City of Palm Desert and Sares Regis (a.k.a. Lomas De Arena, L.P.) dated May 27, 2004, authorizing an option for the payment of an in lieu fee in the amount of $9,600,000; 2) authorize the City Manager to execute any additional documents to facilitate the amendment as presented. Action: D. CONSIDERATION OF A REQUEST FOR TRAFFIC SIGNAL PREEMPTION SYSTEM FOR LAS PALMAS COUNTRY CLUB EMERGENCY GATE ON MONTEREY AVENUE (City of Rancho Mirage, Applicant). Rec: By Minute Motion, postpone to a date uncertain consideration of a request to install a traffic signal preemption system for Las Palmas Country Club emergency gate on Monterey Avenue and direct staff to include this system as part of a comprehensive study of all the traffic issues on this portion of Monterey Avenue. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2006 XI. CONTINUED BUSINESS A. 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), PALM DESERT Case No. MISC 06-04 (South Beach Restaurant & Nightclub, Applicant) (Continued from the meetings of March 9, March 23, and April 13, 2006). Rec: By Minute Motion, reaffirm the action of the Architectural Review Commission (ARC), denying the proposed 14-foot high sound barrier wall. Action: **NOTE: Item B to be considered jointly with Public Hearing Item E.** B. CONSIDERATION OF AN APPEAL TO A DECISION OF THE HISTORIC PRESERVATION COMMITTEE RELATIVE TO HISTORIC SITE CLASS DESIGNATION OF PALM DESERT LODGE, LOCATED AT 74-527 HIGHWAY 111 (SOUTHEAST CORNER OF HIGHWAY 111 AND DEEP CANYON ROAD), PALM DESERT Case No. HPC 06-01 (Palm Desert Lodge, LLC, Michael Noto, and George Demos as Trustee of the Demos Trust, and Daniel Brush as Trustee of the Peter Demos Living Trust, Appellants) (Continued from the meeting of March 23, 2006). Rec: By Minute Motion, concur with the Historic Preservation Committee's recommendation and approve Case No. HPC 06-01, specifying Palm Desert Lodge a Class 5 Designation, subject to an archive and maintenance of all appropriate information and photographic documentation, per Ordinance No. 401 and Palm Desert Municipal Code Section 29.05.125. Action: **NOTE: Item C to be considered jointly with Public Hearing Item E.** C. REPORT ON THE HISTORIC SITE PRESERVATION ORDINANCE (Continued from the meeting of March 23, 2006). Rec: By Minute Motion, receive and file. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2006 **NOTE: Item D to be considered jointly with Public Hearing Item E.** D. CONSIDERATION OF RECOMMENDATION BY THE HISTORIC PRESERVATION COMMITTEE RELATIVE TO IDENTIFYING A POTENTIAL HISTORIC SITE, PALM DESERT LODGE, 74-527 HIGHWAY 111 (Continued from the meetings of November 10 and December 8, 2005; February 9, and March 23, 2006). Rec: Please see Section XVI - Public Hearings, Item E. Action: XII. OLD BUSINESS None XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL F ACTIONS RELATED TO THE ISSUANCE AND SALE OF TAX ALLOCATION REVENUE BONDS (PROJECT AREA NO. 1, AS AMENDED), 2006 SERIES A (TAX-EXEMPT), AND TAX ALLOCATION REFUNDING REVENUE BONDS (PROJECT AREA NO. 1, AS AMENDED), 2006 SERIES B (TAXABLE), OF THE PALM DESERT FINANCING AUTHORITY (JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY). Rec: 1) Open a public hearing before the City Council and Financing Authority Commission, receive public testimony, and after hearing such testimony: Waive further reading and adopt: 2) City Council Resolution No. 06-56, making findings of significant public benefit in connection with the issuance and sale of Tax Allocation Revenue Bonds (Project Area No. 1, As Amended), 2006 Series A (Tax-Exempt), and Tax Allocation Refunding Revenue Bonds (Project Area No. 1, As Amended), 2006 Series B (Taxable), of the Palm Desert Financing Authority. 3) Financing Authority Resolution No. FA-53, acknowledging finding of significant public benefit in connection with the issuance and sale of the Authority's Tax Allocation Revenue Bonds (Project Area No. 1, As Amended), 2006 Series A (Tax-Exempt), and Tax Allocation Refunding Revenue Bonds (Project Area No. 1, As Amended), 2006 Series B (Taxable), and approving the issuance, sale, and delivery of such bonds. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2006 B. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE ISSUANCE AND SALE OF SUBORDINATE TAX ALLOCATION REVENUE REFUNDING BONDS (PROJECT AREA NO. 2), 2006 SERIES A, AND SUBORDINATE TAX ALLOCATION REVENUE CAPITAL APPRECIATION BONDS (PROJECT AREA NO. 2), 2006 SERIES B, OF THE PALM DESERT FINANCING AUTHORITY (JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY). Rec: 1) Open a public hearing before the City Council and Financing Authority Commission, receive public testimony, and after hearing such testimony: Waive further reading and adopt: 2) City Council Resolution No. 06-57, making findings of significant public benefit in connection with the issuance and sale of Subordinate Tax Allocation Refunding Revenue Bonds (Project Area No. 2), 2006 Series A, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series B, of the Palm Desert Financing Authority. 3) Financing Authority Resolution No. FA-54, acknowledging finding of significant public benefit in connection with the issuance and sale of the Authority's Subordinate Tax Allocation Refunding Revenue Bonds (Project Area No. 2), 2006 Series A, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series B, and approving the issuance, sale, and delivery of such bonds. Action: C. REQUEST FOR APPROVAL OF A POLICY FORTHE REIMBURSEMENT OF STAFF COSTS ASSOCIATED WITH LAND-BASED FINANCING DISTRICTS. Rec: By Minute Motion, continue this public hearing to the meeting of May 11, 2006. Action: 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2006 D. CONSIDERATION OF REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP AND ENVIRONMENTAL IMPACT REPORTTO 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 meetings of February 23 and March 9, 2006). Rec: By Minute Motion, continue this public hearing to a date uncertain. Action: E. CONSIDERATION OF A RECOMMENDATION BY THE HISTORIC PRESERVATION COMMITTEE RELATIVE TO IDENTIFYING A POTENTIAL HISTORIC SITE CLASSIFICATION FOR PALM DESERT LODGE, 74-527 HIGHWAY 111, PALM DESERT Case No. HPC 06-01 (Palm Desert Lodge, LLC, Michael Noto, George Demos as Trustee of the Demos Trust, and Daniel Brush as Trustee of the Peter Demos Living Trust, Appellants). Rec: By Minute Motion, approve Case No. HPC 06-01 and the Historic Preservation Committee's recommendation of Class 5 Designation for the Palm Desert Lodge building that states: "Sites qualified for City designation only. An archive may be maintained. No stay of demolition or landmark eligibility. Usage may be restricted by City Council. Eligible for review at any regular scheduled meeting of the board." Action: 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2006 F. CONSIDERATION OF APPROVAL OF THE UNIVERSITY PARK MASTER PLAN (UPMP), CHANGE OF ZONE TO ADD THE PLANNED COMMUNITY DEVELOPMENT OVERLAY ZONE (PCD) TO THE EXISTING PR-5 ZONING, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO FOR 190 +/- ACRES GENERALLY LOCATED SOUTH OF GERALD FORD DRIVE AND EAST OF PORTOLA AVENUE Case No. C/Z 06-04 and University Park Master Plan (Palm Desert Funding Company, LP, and Desert Wells 237, LLC, Applicants). Rec: Waive further reading and pass Ordinance No. 1116 to second reading, approving the University Park Master Plan and Planned Community Development Overlay Zone (PCD), Case No. C/Z 06-04. Action: G. CONSIDERATION OF PALM DESERT POLICE DEPARTMENT REQUEST FOR APPROVAL OF JUSTICE ASSISTANCE GRANT (JAG) FUNDING PROPOSAL FOR TARGET TEAM BICYCLES, VIDEO CAMERA, AND DIGITAL CAMERAS FOR PATROL OPERATIONS. Rec: By Minute Motion, concur with the Palm Desert Police Department's proposal to accept approximately $11,000 in Edward Byrne Memorial - Justice Assistance Grant (JAG) Funds for 2006 to fund the purchase of Target Team bicycles, a video camera, and three digital cameras for patrol operations. Action: XIV. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Reminder of Special City Council/University Planning Committee Meeting, Tuesday, May 9, 2006, 2:00 p.m., Administrative Conference Room. Action: 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2006 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: o XV. ORAL COMMUNICATIONS – C 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. XVI. ADJOURNMENT 14 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2006 FUTURE MEETINGS: May 2, 2006 6:00 p.m. Planning Commission Civic Center Council Chamber 6:00 p.m. Youth Committee Administrative Conference Room May 3, 2006 8:30 a.m. Parks & Recreation Commission Administrative Conference Room May 9, 2006 12:00 p.m. Architectural Review Commission Community Services Conference Room May 10, 2006 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room May 11, 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 21st day of April, 2006. Rachelle D. Klassen, City Clerk 15