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Home My WebLink About2006-03-23 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 23, 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: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 120, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Green, Bryant & French, LLP Under Negotiation: x Price x Terms of Payment 2) Property: Right-of-Way Acquisition for Monterey Avenue/I-10 Interchange Modification (APNs 653-170- 039/041/042) Negotiating Parties: Agency: Carlos L. Ortega/Mark D. Greenwood/City of Palm Desert Property Owner: Newmark-Merrill/Prism Group 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) Artistic Entertainment Services, LLC, d.b.a. Festival Artists Worldwide v. Coachella Valley Arts Alliance, et al., Orange County Superior Court Case No. 05CC12907 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2006 Number of Potential Cases: 2 IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None 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 XI, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular City Council Meeting of March 9, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 181, 183, 187, 188, and 189. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Steve Lee Curtis and Joline Elise Panico for Cosmo's, 73-155 Highway 111, Palm Desert Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meeting of February 1, 2006. 2. Youth Committee Meeting of February 7, 2006. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2006 Rec: Receive and file. E. REQUEST FOR ADOPTION of Resolutions Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged (November and December 2005). Rec: Waive further reading and adopt: 1) Resolution No. 06-38 - for November 2005 records; 2) Resolution No. 06-39 - for December 2005 records. F. REQUEST FOR APPROVAL of Contract for Professional Services Associated with Benefit Assessment District Formation (Contract No. C23340A). Rec: By Minute Motion, approve the subject contract with MuniFinancial, Temecula, California, in a total amount not to exceed $11,500 - funds area available in Account No. 610-0000-228-2100, per the Reimbursement Agreement with the developers of the Section 29 Assessment District. G. REQUEST FOR AWARD OF CONTRACT for Landscape Design Services for the Median Project on Portola Avenue from Chicory Street to Fairway Drive (Contract No. C25020, Project No. 926-06). Rec: By Minute Motion: 1) Award the subject contract in the amount of $10,165 to David Evans and Associates, Inc., Ontario, California; 2) approve a 10% contingency for the services; 3) authorize the Mayor to execute said contract - funds are available in Account No. 400- 4614-433-4001. H. REQUEST FOR AWARD OF CONTRACT for Landscape Design Services for the Country Club Drive Median from Portola Avenue to Monterey Avenue (Contract No. C25030, Project No. 934-06). Rec: By Minute Motion: 1) Award the subject contract in the amount of $43,475 to Community Works Design Group, Riverside, California; 2) approve a 10% contingency for the services; 3) authorize the Mayor to execute said contract - funds are available in Account No. 400-4614-433-4001. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2006 I. REQUEST FOR RATIFICATION of City Manager's Authorization to Purchase Two Air Conditioning Units for Corporation Yard. Rec: By Minute Motion, ratify the City Manager's authorization to replace two, obsolete air conditioning units at the Corporation Yard with the purchase of two high-efficiency units from Maple Leaf Plumbing, Heating/Air Conditioning, Palm Desert, California, in the amount of $16,000 - funds are available in Account No. 110-4330-413-3310. J. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract No. 31346 (Centennial Homes, Inc., Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities for Tract No. 31346. K. REQUEST FOR APPROVAL of Agreement for Marketing and Event Coordination for the 2006 Palm Desert Art of Food & Wine Festival, November 9-12 (Contract No. C23410A). Rec: By Minute Motion, concur with staff recommendation and enter into an agreement with Full Gallop Marketing Communications, Palm Desert, California, in the amount of $25,000 for advertising and event coordination for the Art of Food & Wine, and authorize the Mayor to execute said agreement - funds are available in Account No. 1110-4417-414-3222. L. CONSIDERATION of Legislative Review Committee Action - AB 1875 (Daucher) - Landscape Services. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 28, 2006, Meeting, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 1875 (Daucher). M. CONSIDERATION of Legislative Review Committee Action - AB 2011 (Vargas) - Local Agency Investments. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 28, 2006, Meeting, and direct 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2006 staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2011 (Vargas). N. CONSIDERATION of Legislative Review Committee Action - SB 1177 (Hollingsworth) - Development Standards - Density Bonus. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 28, 2006, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 1177 (Hollingsworth). O. CONSIDERATION of Legislative Review Committee Action - SB 1179 (Morrow) - Hazardous Recreational Activity. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 28, 2006, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 1179 (Morrow). P. CONSIDERATION of Legislative Review Committee Action - SB 1206 (Kehoe) - Redevelopment. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 28, 2006, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 1206 (Kehoe). Q. CONSIDERATION of Legislative Review Committee Action - SB 1210 (Torlakson) - Eminent Domain. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 28, 2006, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 1210 (Torlakson). R. CONSIDERATION of Legislative Review Commission Action - SCA 20 (McClintock) - Eminent Domain. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2006 Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its February 28, 2006, Meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SCA 20 (McClintock). S. REQUEST FOR APPROVAL of a Conveyance Agreement for Property Located Along Monterey Avenue Between Lowes and Desert Gateway (Contract No. C25040). Rec: By Minute Motion, authorize the Mayor or City Manager to execute the subject agreement with Myron Macleod. T. REQUEST FOR APPROVAL of Audio/Visual Services for 2006 "Summer of Fun" Concerts. Rec: By Minute Motion, approve two purchase orders for audio/visual services totaling $14,000 with Studio Instrument Rentals of Palm Springs, California, for concert sound and lighting equipment and professional staff for the 2006 "Summer of Fun" concerts. U. INFORMATIONAL ITEMS: 1. Review of Interpretation of Second Unit Size Limitation Language. 2. Update on Coordination with Riverside County on Developing Standards to Address County Projects within the City's Sphere of Influence. Action: VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS A. RESOLUTION NO. 06-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, IN SUPPORT OF MEASURE TO SECURE LOCAL TRANSPORTATION FUNDING. 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2006 Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 06-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO FORM THE SECTION 29 ASSESSMENT DISTRICT, DECLARING ITS INTENT TO REIMBURSE CERTAIN EXPENDITURES BY THE CITY FOR IMPROVEMENTS BENEFITING SUCH ASSESSMENT DISTRICT FROM THE PROCEEDS OF IMPROVEMENT BONDS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION WITH SUCH ASSESSMENT DISTRICT. Rec: Waive further reading and adopt. Action: IX. ORDINANCES For Introduction: A. ORDINANCE NO. 1113 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 15.04.020 OF THE PALM DESERT MUNICIPAL CODE (PDMC), AMENDMENT TO THE CALIFORNIA BUILDING CODE, CBC SECTION 107.2, PERMIT FEES. Rec: Waive further reading and pass to second reading. Action: B. ORDINANCE NO. 1114 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING A NEW CHAPTER 15.40 TO TITLE 15 OF THE PALM DESERT MUNICIPAL CODE, RELATIVE TO PLACARDS USED TO DENOTE CONDITIONS WITH REGARD TO CONTINUED OCCUPANCY OF BUILDINGS. Rec: Waive further reading and pass to second reading. Action: C. ORDINANCE NO. 1115 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING ORDINANCE NOS. 741 AND 761, THEREBY REVOKING THE THROUGH COMMERCIAL VEHICLE PROHIBITION ON FRED WARING DRIVE AND DESIGNATING WASHINGTON STREET AND DINAH SHORE DRIVE AS TRUCK ROUTES. 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2006 Rec: Waive further reading and pass to second reading. Action: For Adoption: A. ORDINANCE NO. 1112 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE BY AMENDING SECTIONS 2.52.420, 2.52.425, AND 2.52.430 RELATIVE TO ADVANCEMENTS WITHIN SALARY SCHEDULES. Rec: Waive further reading and adopt. Action: X. NEW BUSINESS A. 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). 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 documentations, per Ordinance No. 401 and Palm Desert Municipal Code Section 29.05.125. Action: B. REPORT ON THIE HISTORIC SITE PRESERVATION ORDINANCE. Rec: By Minute Motion, receive and file. Action: C. REQUEST FOR APPROVAL OF FACADE ENHANCEMENT PROGRAM FUNDING FOR THE ENTERPRISE RENT-A-CAR CENTER LOCATED AT 73-088 HIGHWAY 111, PALM DESERT (Enterprise Rent-A-Car, Applicant). 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2006 Rec: By Minute Motion, approve $100,000 in Facade Enhancement Program consideratoin funds to Enterprise Rent-A-Car for "The Enterprise Rent-A-Car Center" located at 73-088 Highway 111 -- funds are availale in Account No. 400-4800-454-3875. Action: D. REQUEST FOR AWARD OF CONTRACT FOR PARKING LOT REHABILITATION AT 72-900 HIGHWAY 111 AND 45-480 PORTOLA AVENUE (CONTRACT NO. C24620, PROJECT NO. 750-06). Rec: By Minute Motion, award the subject contract to International Pavement Solutions, Inc., San Bernardino, California, in the amount of $67,200, authorize a 10% contingency and the Mayor to execute said contract for rehabilitation of the parking lots at the former Visitor Center (72-900 Highway 111) and the Portola Community Center (45-480 Portola Avenue). Action: E. REQUEST FOR APPROVAL OF AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) REGARDING MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE-TOED LIZARD. Rec: By Minute Motion, authorize the Mayor to execute the subject MOU Amendment. Action: F. CONSIDERATION OF A REQUEST TO ALLOW A GRAND OPENING BANNER FOR A PERIOD OF 60 DAYS VERSUS THE CODE- PRESCRIBED 30-DAY LIMIT AT THE HOME IMPROVEMENT CENTER AT 35-850 MONTEREY AVENUE, PALM DESERT Case No. PP 04-13 Amendment #1 Banner (Lowes HIW, Inc., Applicant). Rec: By Minute Motion, reject the request for a 60-day approval for the subject grand opening banner. Action: XI. CONTINUED BUSINESS A. CONSIDERATION OF RECOMMENDATION BY THE HISTORIC PRESERVATION COMMITTEE RELATIVE TO IDENTIFYING A POTENTIAL HISTORIC SITE, PALM DESERT LODGE, 74-527 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2006 HIGHWAY 111 (Continued from the meetings of November 10 and December 8, 2005, and February 9, 2006). Rec: Please See Section X - New Business Item A. Action: B. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 23, 2006 (Continued from the meeting of March 9, 2006). Rec: By MInute Motion, approve as presented. Action: C. RESOLUTION NO. 06-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACTING FOR ITSELF AND AS THE LEGISLATIVE BODY OF CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) TO AUTHORIZE THE ISSUANCE OF ITS SPECIAL TAX BONDS, SERIES 2006A, IN A PRINCIPAL AMOUNT NOT TO EXCEED FIFTY MILLION DOLLARS ($50,000,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH (Continued from the meeting of March 9, 2006). Rec: Waive further reading and adopt. Action: D. 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 meeting of March 9, 2006). Rec: By Minute Motion, reaffirm the action of the Architectural Review Commission (ARC), denying the proposed 14-foot high sound barrier wall. Action: XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE PALM DESERT PARTNERSHIP DEMONSTRATION PROJECT. 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2006 Rec: By Minute Motion: 1) Approve the City's participation in the Palm Desert Partnership Project; 2) authorize the creation of the Office of Energy Management and the appropriate personnel; 3) appropriate $100,000 to promote the project campaign for City residents and businesses; 4) authorize an amendment to Contract No. C24690 with EcoMotion, Inc., for an amount not to exceed $20,000 for assistance with the development of the Implementation Plan for the Palm Desert Partnership Demonstration Project; 5) direct staff to draft a new construction ordinance establishing minimum standards for energy efficiency; 6) authorize the Director of Finance to appropriate funding for the above expenditures from unallocated general fund reserves. Action: XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF DISPOSITION AND DEVELOMENT AGREEMENT (DDA) WITH GREGORY & GREGORY, LLC, AND SUMMARY REPORT FOR 0.14 ACRES LOCATED AT 74-039 SAN MARINO CIRCLE, PALM DESERT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: Waive further reading and adopt: 1) City Council Resolution No. 06-37, approving the sale by the Palm Desert Redevelopment Agency to Gregory & Gregory, LLC, Palm Desert, California, of approximately 0.14 acres of real property on a parcel located on San Marino Circle, Palm Desert, California; 2) Redevelopment Agency Resolution No. 522, approving the sale to Gregory & Gregory, LLC, Palm Desert, California, of approximately 0.14 acres of real property on a parcel located on San Marino Circle in Palm Desert, California. Action: B. REQUEST FOR APPROVAL OF CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT) FINDINGS AND THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITIES CONSERVATION PLAN (CVMSHCP/NCCP) IMPLEMENTATION AGREEMENT AND ORDINANCE ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE (Continued from the meetings of February 23 and March 9, 2006). Rec: Waive further reading and adopt Resolution No. 06-28, approving the Coachella Valley Multiple Species Habitat Conservation 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2006 Plan/Natural Community Conservation Plan and Implementing Agreement. Action: C. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, APPROVING AN AMENDMENT TO THE APPROVED PRECISE PLAN TO ALLOW LIMITED OUTDOOR DISPLAY OF MERCHANDISE AT THE HOME IMPROVEMENT CENTER AT 35-850 MONTEREY AVENUE, PALM DESERT Case No. PP 04-13 Amendment #1 (Loses HIW, Inc., Applicant) (Regency Homes/Versailles, Appellant). Rec: Waive further reading and adopt Resolution No. 06-42, denying the appeal and affirming the action of the Planning Commission to allow limited outdoor display of merchandise at Lowes, subject to conditions. Action: XIV. REPORTS AND REMARKS 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: 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 2006 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 FUTURE MEETINGS: March 14, 2006 12:00 p.m. Architectural Review Commission Community Services Conference Room March 15, 2006 8:30 a.m. Art In Public Places Commission Visitor Center – 72567 Highway 111 3:00 p.m. Library Promotion Committee Administrative Conference Room March 16, 2006 3:00 p.m. Sister Cities Committee Administrative Conference Room March 20, 2006 3:00 p.m. Citizens’ Advisory Cmte.-Proj. Area #4 Administrative Conference Room March 21, 2006 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 March 23, 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 3rd day of March, 2006. Rachelle D. Klassen, City Clerk 13