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HomeMy WebLinkAbout2006-06-08 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 08, 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: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Number of potential cases: 2 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): IV. RECONVENE REGULAR MEETING - 4:00 P.M. V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE BOARD OF DIRECTORS FOR THE EL PASEO BUSINESS IMPROVEMENT DISTRICT. Rec: By Minute Motion, appoint Elyssa Goldberg to fill the vacant position left by Susan Stauber to the Board of Directors for the El Paseo Business Improvement District. (term 12/31/08). Action: B. APPOINTMENT TO THE RIVESIDE COUNTY CHILD SAFETY COMMISSION Rec: By Minute Motion, appoint a member o the City council to serve on the Riverside County Child Safety Commission. Action: VI. CONSENT CALENDAR POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 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 25, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Warrant Nos. 230, 234, 238, and 239. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of March 21, 2006. D. 2. Parks & Recreation Commission Meeting of May 3, 2006 Rec: Receive and file. D. LETTER OF RESIGNATION from Gil slagel - Sister Cities Committee. Rec: Receive with very sincere regret. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Marfia Marike and Marfia Mario for Trattoria Tiramisu, 72-655 Highway 111, B6, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Garfield Beach CVS LLC for CVS Pharmacy 9646, 42-155 Washington Street, Palm Desert. Rec: Receive and file. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 G. REQUEST FOR APPROVAL of Funding Support for A Missing Man memorial (Tribute to All Airmen) at the Jacqueline Cochran Regional Airport. Rec: By Minute Motion: 1) Approve funding request in the amount of $2,000 in support for the Missing Man Memorial at the Jacqueline Cochran Regional Airport; 2) appropriate $2,000 from the unobligated General Fund Reserves for the subject memorial. H. REQUEST FOR AUTHORIZATION to Review the City's Conflict of Interest Code. Rec: By Minute Motion, authorize staff to make a formal review of the City's Conflict of Interest Code and, if necessary at the appropriate time thereafter, prepare a resolution to be adopted by the City Council to effect the required amendments. I. REQUEST FOR APPROVAL to Supply Aftermarket Automotive Parts, Equipment and Services for City's Vehicle Fleet Maintenance for Fiscal Year 2006-07. Funds are available in Account No. 110-4331-413-3340. Rec: By Minute Motion, approve the use of Genuine Parts Company (NAPA), Palm Desert, California, for subject services as needed for the City's fleet maintenance for fiscal year 2006-07. J. REQUEST FOR APPROVAL of Vendor List for the General Fleet Repair Services for Fiscal year 2006-07. Rec: By Minute Motion, approve the use of Hovely Tire, Kim's Automotive, and Palms to Pines Automotive for general fleet repair services that are not under warranty and unable to be accomplished by the City's mechanic, funds are available in Account No. 110-4331-413-3440. K. REQUEST FOR APPROVAL of a One Year Extension for Parking Lot Sweeping Services at Presidents Plaza East and West, Presidents Plaza III and Entrada del Paseo for Fiscal year 2006-07 (Contract No. C22772). 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 Rec: By Minute Motion, extend Contract No. C22772 with M&M Sweeping, Inc., Thousands Palms, California, for subject services for one year in the amount of $9,720 and authorize the Mayor to execute the agreement - funds are available in Account No. 110- 4310-433-3320. L. REQUEST FOR AWARD OF CONTRACT for the Interior Painting of the Department of Community Development Area as Outlined in the Scope of Work (Contract No. C25350). Rec: By Minute Motion: 1) Award the subject contact in the amount of $20,162 to M.C.M. Painting Company, Inc., Rancho Mirage, California for subject services; 2) authorize the Mayor to execute said contract - funds are available in Account No. 110-4470-412- 4040. M. REQUEST FOR APPROVAL of Contract Amendment No. 1 to Contract No. C21052- For Expenditures for the El Paseo Improvement District. Rec: By Minute Motion, approve Amendment No. 1 in the amount of $40,000 to the subject contract with Creative I Group, Palm Desert, California, and authorize the Mayor to execute same - funds are available in Account No. 271-4491-464-3215. VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS A. RESOLUTION NO. 06-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT - (CEQA) (PUB. RESOURCES CODE §§2100 ET SEQ.) Rec: Waive further reading and adopt. Action: IX. ORDINANCES 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 For Introduction: For Adoption: X. NEW BUSINESS A. REQUEST FOR APPROVAL OF TRANSFER OF THE DISPOSITION AND DEVELOPMENT AGREEMENT AS AMENDED, THE DEVELOPMENT AGREEMENT, AND RELATED DOCUMENTS RELATING TO THE ENTITLEMENT AND REMAINING DEVELOPMENT OBLIGATIONS FOR A PORTION OF THE DESERT WILLOW TIMESHARE DEVELOPMENT FROM RESORT VENTURES, LP TO WVC RANCHO MIRAGE, INC. (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY) Rec: By Minute Motion, that the City Council approve: 1) Transfer from Resort Ventures, LP, a California limited partnership, to WVC Rancho Mirage, Inc., a Delaware Corporation, of portions of that certain Disposition and Development Agreement dated February 13, 1997 (as amended August 1, 1997, and January 23, 2003, the "DDA") and the Development Agreement DA 96-1 dated February 27, 1997 (the "DA"); 2) a Golf Course Use Agreement; 3) an Amendment to Declaration of Covenants, Conditions, and Restrictions (Subject Property); 4) an Amendment to Declarations of Covenants, Conditions, and Restrictions (Golf Course); 5) authorize the Executive Director/City Manager to execute such documents and take other steps as are necessary to accomplish subject transfer. Action: B. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES FOR AREA NO. 7 (CONTRACT NO. C24900, PROJECT NO. 907-06). Rec: By Minute Motion, award the subject contract to Vintage Associates Landscape, Bermuda Dunes, California, in the amount of $80,160 and authorize the Mayor to execute said contract - funds are available in the Landscape and Lighting District account. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 C. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF A MEDIAN ON PORTOLA AVENUE FROM CHICORY STREET TO FAIRWAY DRIVE (CONTRACT NO. C25020A, PROJECT NO. 630-06). Rec: By Minute Motion: 1) Award the subject contract in the amount of $144,052 to Landmark Site Contractors, Perris, California; 2) approve a 10% contingency in the amount of $14,405.20 for the services; 3) authorize the Mayor to execute said contract - funds are available in Account No. 400-4614-433-4001. Action: D. REQUEST FOR APPROVAL OF EXTENSION OF SERVICES TO PROVIDE RESIDENTIAL AND COMMERCIAL STREET SWEEPING SERVICES FOR FISCAL YEAR 2006-07 (CONTRACT NO. C22562). Rec: By Minute Motion, approve extension of the subject contract with Clean Street of Gardena, California, at the rate of $27.97 per curb mile for (annual total $161,442.84), and authorize the Mayor to execute the agreement - funds are available in Account No. 110- 4310-433-3320 Action: E. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 4 (CONTRACT NO. C25230, PROJECT NO. 904-06). Rec: By Minute Motion, waive the bid documents' irregularity and award the subject contract to Pac West Land Care II, Inc., Palm Springs, California, in the amount of $111,084 and authorize the Mayor to execute said contract - funds are available in Account No. 110- 4614-453-3370. Action: F. REQUEST FOR APPROVAL OF PURCHASE AND INSTALLATION OF SECURITY SYSTEM FOR THE CITY CORPORATION YARD. Rec: By Minute Motion, approve the subject purchase with Comtron System Inc., Palm Desert, California, in the amount of $15,426.82 - funds are available in Account No. 400-4161-415-4001. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 G. CONSIDERATION OF APPROVAL OF DESIGN PROPOSAL "OCOTILLO GARDEN" FOR THE WHITEWATER PROFESSIONAL BUILDING LOCATED AT 43-100 COOK STREET. Rec: By Minute Motion, approve the design proposal "Ocotillo Garden" in the amount of $14,000 with Brian Gottlieb, Indian Wells, California - funds are available in Account No. 436-0000-228-9900. Action: H. CONSIDERATION OF APPROVAL OF ARTWORK SELECTIONS FOR THE 2007/08 EL PASEO EXHIBITION AND AN HONORARIUM FOR EACH ARTIST (CONTRACT NOS. C25360A-R) Rec: By Minute Motion: 1) Accept and approve the eighteen sculptures for the 2007/08 El Paseo Invitational Exhibition. 2) Approve an $1,575 honorarium for each of the participating artists - funds are available in Account No. 436-454-40-02 Action: I. REQUEST FOR AUTHORIZATION OF AGREEMENT FOR GRAFFITI AND TRASH REMOVAL SERVICES ALONG HIGHWAY 74 (CONTRACT NO. C25370). Rec: By Minute Motion, authorize the City Manager to enter into a reimbursement agreement with the Bureau of Land Management for subject services in the area adjacent to Highway (State Route) 74 from the City of Palm Desert limits to Sugarloaf. Action: J. REQUEST FOR APPROVAL TO INITIATE THE PROCEEDINGS TO LEVY AND COLLECT ANNUAL ASSESSMENTS AND TO GRANT PRELIMINARY APPROVAL OF ENGINEER'S REPORT FOR THE CONSOLIDATED PALM DESERT LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2006/07. Rec: Waive further reading and adopt: 1) Resolution No. 06-79, initiating the proceedings for the levy and collection of annual assessments for the Palm Desert Consolidated Landscape and Lighting District for Fiscal Year 2006/07; 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 2) Resolution No. 06-80, 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 2006/2007. Action: XI. CONTINUED BUSINESS A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 11, 2006 (Continued from the meeting of May 25, 2006). Rec: Approve as presented. Action: B. 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, April 13, April 27, and May 11, 2006). Rec: By Minute Motion, reaffirm the action of the Architectural Review Commission (ARC), denying the proposed 14-foot high sound barrier wall. Action: C. REQUEST FOR AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE FRED WARING DRIVE WIDENING SOUNDWALL (CONTRACT NO. C24100) (Continued from the meeting of May 25, 2006). Rec: By Minute Motion: 1) Award the subject contract to Sukut Construction,Inc., Santa Ana, California, in the amount of $6,931,432.50; 2) approve a 10% contingency 3) appropriate $887,308.97 from unobligated Fund 400 to 400-4399-433-4001; 4) authorize the Mayor to execute said contract. Action: XII. OLD BUSINESS 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 3 TO CONTRACT NO. C22870B FOR CONSTRUCTION OF THE WHITEWATER BRIDGE AT PORTOLA AVENUE (PROJECT NO. 647- 04). Rec: By Minute Motion, approve Change Order No. 3 to Contract 22870B with Granite Construction Company, Indio, California, for additional work at the entrance to the Portola Country Club, in an amount not to exceed $75,913 - funds are available in Account No. 400-4359-433-4001. Action: B. REQUEST FOR APPROVAL OF CONTRACT AMENDMENT NO. 1 TO CONTRACT NO. C24330 - ADDITIONAL ENGINEERING SERVICES TO COMPLETE THE NORTH SPHERE DRAINAGE STUDY (PROJECT NO. 517-05). Rec: By Minute Motion: 1) Approve Contract Amendment No. 1 in the amount of $51,000 to the subject contract with VA Consulting, Corona, California, for additional engineering services; 2) authorize the transfer of $31,937 from contingency to base; 3) appropriate $19,063 of unobligated funds in Account No. 232-4370-433-3010. Action: XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE ISSUANCE AND SALE OF TAX ALLOCATION REVENUE BONDS BY THE PALM DESERT FINANCING AUTHORITY FOR PROJECT AREA NO. 1, AS AMENDED (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT FINANCING AUTHORITY). Rec: 1) Open a public hearing before the City Council, receive public testimony and comment, and after hearing such testimony and comment, close the public hearing and: Waive further reading and adopt the following resolutions relating to Project Area No. 1, As Amended, Bonds: 2) City Council Resolution No. 06-74, supplementing Resolution No. 06-56 and further making a finding of significant public benefit and other findings in connection with the issuance and sale by the Palm Desert Financing Authority of the Authority's Tax Allocation 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 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); 3) Financing Authority Resolution No. FA-55, acknowledging a finding of significant public benefit and affirming certain matters 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. 4) Agency Resolution No. 527, affirming the Agency's approval of documents and certain other matters relating to the sale and issuance by the Palm Desert Financing Authority of Tax Allocation Revenue Bonds (Project Area No. 1, As Amended), 2006 Series A, and Tax Allocation Refunding Revenue Bonds (Project Area No. 1, As Amended), 2006 Series B (Taxable). Action: B. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE ISSUANCE AND SALE OF TAX ALLOCATION REVENUE BONDS BY THE PALM DESERT FINANCING AUTHORITY FOR PROJECT AREA NO. 2 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT FINANCING AUTHORITY). Rec: 1) Open a public hearing before the City Council, receive public testimony and comment, and after hearing such testimony and comment, close the public hearing and: Waive further reading and adopt the following resolutions relating to Project Area No. 2 Bonds. 2) City Council Resolution No. 06-75, making a finding of significant public benefit and other findings in connection with the issuance and sale by the Palm Desert Financing Authority of the Authority's Tax Allocation Refunding Revenue Bonds (Project Area No. 2), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series B, Tax Allocation Revenue Bonds (Project Area No. 2), 2006 Series C, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series D. 3) Financing Authority Resolution No. FA-56, acknowledging a finding of significant public benefit in connection with the issuance and sale of 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 the Authority's Tax Allocation Refunding Revenue Bonds (Project Area No. 2), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series B, Tax Allocation Revenue Bonds (Project Area No. 2), 2006 Series C, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series D, and approving the issuance, sale, and delivery of such bonds and authorizing certain other matters relating thereto. 4) Agency Resolution No. 528, approving certain documents in connection with the sale and issuance by the Palm Desert Financing Authority of Tax Allocation Refunding Revenue Bonds (Project Area No. 2), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series B, Tax Allocation Revenue Bonds (Project Area No. 2), 2006 Series C, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series D, and authorizing certain other related matters. Action: C. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE ISSUANCE AND SALE OF TAX ALLOCATION REVENUE BONDS BY THE PALM DESERT FINANCING AUTHORITY FOR PROJECT AREA NO. 3 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT FINANCING AUTHORITY). Rec: 1) Open a public hearing before the City Council, receive public testimony and comment, and after hearing such testimony and comment, close the public hearing and: Waive further reading and adopt the following resolutions relating to Project Area No. 3 Bonds: 2) City Council Resolution No. 06-76, making a finding of significant public benefit and other findings in connection with the issuance and sale by the Palm Desert Financing Authority of the Authority's Tax Allocation Revenue Bonds (Project Area No. 3), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 3), 2006 Series B, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 3) 2006 Series C. 3) Financing Authority Resolution No. FA-57, acknowledging a finding of significant public benefit in connection with the issuance and sale of the Authority's Tax Allocation Revenue Bonds (Project Area No. 3), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 3), 2006 Series B, and Subordinate Tax 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 Allocation Revenue Capital Appreciation Bonds (Project Area No. 3), 2006 Series C, and approving the issuance, sale, and delivery of such bonds and authorizing certain other matters relating thereto. 4) Agency Resolution No. 529, approving certain documents in connection with the sale and issuance by the Palm Desert Financing Authority of Tax Allocation Revenue Bonds (Project Area No. 3), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 3), 2006 Series B, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 3), 2006 Series C, and Authorizing Certain other related matters. Action: D. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE ISSUANCE AND SALE OF TAX ALLOCATION REVENUE BONDS BY THE PALM DESERT FINANCING AUTHORITY FOR PROJECT AREA NO. 4 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT FINANCING AUTHORITY). Rec: 1) Open a public hearing before the City Council, receive public testimony and comment, and after hearing such testimony and comment, close the public hearing and: Waive further reading and adopt the following resolutions relating to Project Area No. 4 Bonds: 2) City Council Resolution No. 06-77, making a finding of significant public benefit and other findings in connection with the issuance and sale by the Palm Desert Financing Authority of the Authority's Tax Allocation Refunding Revenue Bonds (Project Area No. 4), 2006 Series A, and Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 4), 2006 Series B. 3) Financing Authority Resolution No. FA-58, acknowledging a finding of significant public benefit in connection with the issuance and sale of the Authority's Tax Allocation Refunding Revenue Bonds (Project Area No. 4), 2006 Series A, and Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 4), 2006 Series B, and approving the issuance, sale, and delivery of such bonds and authorizing certain other matters relating thereto. 4) Agency Resolution No. 530, approving certain documents in connection with the sale and issuance by the Palm Desert Financing Authority of Tax Allocation Refunding Revenue Bonds (Project Area No. 4), 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 2006 Series A, and Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 4), 2006 Series B, Tax Allocation Revenue Bonds (Project Area No. 2), and authorizing certain other related matters. Action: E. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT ADDING POLICY 10, PROGRAM 10.A AND 10.B TO THE RESIDENTIAL GOALS, POLICIES, AND PROGRAMS SECTION OF THE GENERAL PLAN; ZONING ORDINANCE AMENDMENT ADDING SECTION 25.112 TO THE PALM DESERT MUNICIPAL CODE, ESTABLISHING DEVELOPMENT STANDARDS FOR AN EL PASEO RESORT OVERLAY ZONE (EPROZ); CHANGE OF ZONE TO ADD THE EL PASEO RESORT OVERLAY ZONE TO CERTAIN R-3 PROPERTIES LOCATED ON THE NORTH SIDE OF SHADOW MOUNTAIN DRIVE AND LARREA STREET BETWEEN LARKSPUR LANE AND PORTOLA AVENUE, Case Nos. GPA 05-04, ZOA 05-05, C/Z 05-05, (City of Palm Desert, Applicant) (Continued from the meeting of May 11, 2006). Rec: Waive further reading and: 1) Adopt Resolution No. 06-67, approving Case No. GPA 05-04; 2) pass Ordinance No. 1118, approving Case No. ZOA 05-05; 3) pass Ordinance No. 1119, approving Case No. C/Z 05-05. Action: F. REQUEST FOR APPROVAL OF A PRECISE PLAN AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A NEW, 12-UNIT, 36- KEY HOTEL CONDOMINIUM PROJECT LOCATED AT 73-811 LARREA STREET, Case No. PP/CUP 05-20 (Eugene Breznock, Applicant) (Continued from the meeting of May 11, 2006). Rec: Waive further reading and adopt Resolution No. 06-68, approving Case No. PP/CUP 05-20, subject to conditions. Action: G. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO PREVIOUS APPROVALS TO ALLOW A DRIVE-THRU SPECIALTY COFFEE OUTLET ADJACENT TO COOK STREET, PAD NO. 4, LOCATED AT 37- 825 COOK STREET. Case No. PP 03-11, Amendment No. 1. (Prest Vuksic Architects and The Evans Company, Applicants). Rec: Waive further reading and adopt Resolution No. 06-81, approving PP 03-11 Amendment No. 1, subject to conditions. 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 Action: H. CONSIDERATION OF A FIRE FACILITIES IMPACT MITIGATION FEE PURSUANT TO THE FINDINGS OF A NEW NEXUS STUDY (Continued from the meeting of May 25, 2006). Rec: Waive further reading and: 1) Adopt City Council Resolution No. 06-72, approving a Fire Facilities Impact Nexus Study and Fire Facilities Impact Mitigation Fees; 2) Pass Ordinance No. 1120 to second reading, Updating the Fire Facility Impact Fee applicable to all new Commercial, Residential, and Industrial Development within Fire Service Area No. 71. Action: I. CONSIDERATION OF THE RE-FORMATION OF THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT. Rec: 1) Conduct a public hearing and accept testimony regarding the subject Business Improvement District. 2) Direct that the ballots be counted in the protest proceeding for the subject District. Following the ballot counting, if a majority protest does not exist, waive further reading and adopt: 3) Resolution No. 06-82, declaring the results of the property owner protest proceeding for the re-formation of the Presidents' Plaza III Property and Business Improvement District. 4) Resolution No. 06-83, approving and/or amending the Engineer's Report regarding the re-formation of the Presidents' Plaza III Property and Business Improvement District. 5) Resolution No. 06-84, approving the Final Management District Plan for the Presidents' Plaza III Property and Business Improvement District, FY 2006/07. 6) Resolution No. 06-84A, Ordering the Formation of the Presidents' Plaza III Property and Business Improvement District, and the levy and collection of assessments for FY 2006/07. Action: 14 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 J. CONSIDERATION OF ACTIONS RELATIVE TO THE FORMATION OF THE PALM DESERT HIGHLANDS UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01. Rec: 1) Conduct a public hearing and accept testimony regarding the subject Assessment District. 2) Direct that the ballots be counted in the protest proceeding for the subject District. Following the ballot counting, if a majority protest does not exist, waive further reading and adopt: 3) Resolution No. 06-85, making findings regarding all special assessments levied against parcels proposed to be assessed in Highlands Utility Undergrounding Assessment District No. 04-01. 4) Resolution No. 06-86, ordering modifications to the engineer's report in connection with Highlands Utility Undergrounding Assessment District No. 04-01, approving such Engineer's report as so modified, confirming the assessments in improvements to be made and designating such district a utility undergrounding district pursuant to Chapter 12.12 of the Palm Desert Municipal Code. 5) Resolution No. 06-87, authorizing the issuance and sale by the City of not to exceed $3,530,0000 aggregate principal amount of its Highlands Utility Undergrounding Assessment District No. 04-01 limited obligation improvement bonds, series 2006; approving as to form and authorizing the execution and deliver of certain documents in connection therewith; and approving certain other matters relating thereto. 6) By Minute Motion, approve the Fiscal Agent Agreement between the City of Palm Desert and Wells Fargo Bank, N.A. (Contract No. C25380). If a majority protest exists for formation of the District, waive further reading and adopt: 7) Resolution No. 06-85A, declaring the tabulation of assessment ballots in connection with proposed Highlands Utility Undergrounding Assessment District No. 04-01. Action: XIV. REPORTS AND REMARKS 15 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 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: XV. ORAL COMMUNICATIONS - B XVI. ADJOURNMENT FUTURE MEETINGS: June 13, 2006 12:00 p.m. Architectural Review Commission Community Services Conference Room June 14, 2006 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room June 15, 2006 3:00 p.m. Sister Cities Committee Administrative Conference Room June 19, 2006 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room June 20, 2006 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber 16 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 June 21, 2006 9:00 a.m. Art In Public Places Commission Visitor Center – 72567 Highway 111 3:00 p.m. Library Promotion Committee Administrative Conference Room June 22, 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 2nd day of June, 2006. Rachelle D. Klassen, City Clerk 17