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Home My WebLink AboutAGENDA 08 NOV 2007 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 08, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ORAL COMMUNICATIONS – A (CLOSED SESSION ITEMS) Any person wishing to discuss any item of Closed Session business 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. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 627-092-044 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Ken R. Wey Under Negotiation: x Price x Terms of Payment 2) Property: 72375 Upper Way West, Palm Desert (APN 628-130-014) Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Janice C. Wood Living Trust, Dated 10-31-96 Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 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: VI. PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS – B Any person wishing to discuss any item of Closed Session business 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 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, telephone (760) 346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, NOVEMBER 8, 2007, AS "STATER BROS. MARKETS DAY" IN THE CITY OF PALM DESERT. Action: B. PRESENTATION TO RECOGNIZE CHRISTINA SUN FOR HER CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS YOUTH COMMITTEE. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 Action: 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 October 25, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 104, 105, 109, 110, and 111. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Cellar On El Paseo, 73-375 El Paseo, Suite F, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by El Rodeo Cafe, 44-820 San Pablo Avenue, Palm Desert. Rec: Receive and file. E. HISTORIC PRESERVATION COMMITTEE Meeting Minutes for July 31, 2007. Rec: Receive and file. F. REQUEST FOR APPROVAL of Amendment No. 2 to Contract No. C22170 - Re-circulation of the Final Environmental Impact Report (EIR) for the "Cornishe at Bighorn" Project. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 Rec: By Minute Motion, approve a second amendment in the amount of $40,000 to the subject contract with PCR Services, Santa Monica, California, for the re-circulation of the "Cornishe at Bighorn" EIR to be paid by the Applicant and authorize the City Manager to execute the amendment. G. REQUEST FOR APPROVAL of Change Order No. 8 to Contract No. C22870B - Construction of the Portola Avenue Bridge at the Whitewater Channel (Project No. 647-04). Rec: By Minute Motion: 1) Approve Change Order No. 8 in the credit amount of ($30,133) to the subject contract with Granite Construction Company, Indio, California, which will recognize differing site conditions related to pile drilling, revised channel slope paving reinforcement, costs related to the Verizon delay, and deletion of landscaping from the contract, resulting in a credit amount favoring the City and providing for a contract time extension for the subject project; 2) authorize the Mayor to execute said Change Order. H. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C26410 - Landscape Maintenance Area No. 4 (Project No. 904-07). Rec: By Minute Motion, approve Amendment No. 1 in the amount of $47,028 to the subject contract with Sierra Landscape, Inc., Palm Desert, California, to add maintenance of the Monterey Avenue Medians north of Gerald Ford Drive (in front of Lowe's) and authorize the Mayor to execute same - funds are available in Account No. 110-4614-453-3370. I. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C26570 - 2007 Citywide Streets Resurfacing Project (Project No. 752-07). Rec: By Minute Motion, approve Change Order No. 1 in the amount of $35,000 to the subject contract with Granite Construction Company, Indio, California, for asphalt slurry seal of Hovley Lane West - funds are available in Account No. 110-4311-433-3320. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 J. REQUEST FOR AUTHORIZATION for the Public Works Department to Hire Nolte Associates, Inc., for On-call Engineering Plan Check and Map Check Services (Contract No. C27110). Rec: By Minute Motion, authorize the Public Works Department to hire Nolte Associates, Inc., Palm Desert, California, to conduct on-call Plan Check and Map Check Services (supplemental engineering support) up to a maximum of $10,000 for the remainder of 2007, and authorize the Finance Department to issue a purchase order for same - funds are available in Account No. 110-4300-413-3010. K. REQUEST FOR APPROVAL of Tract Map No. 28818-5 (Marriott Ownership Resorts, Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 07-73, approving the map of Tract No. 28818-5. L. REQUEST FOR APPROVAL of Agreement with Papillon Graphics for Printing of the 2008 Community Calendar (Contract No. C27120). Rec: By Minute Motion, approve the subject agreement with Papillon Graphics, Palm Desert, California, for printing of the 2008 Community Calendar in the amount of $25,995 -- funds are available in Account No. 110-4417-414-3091. M. REQUEST FOR APPROVAL of Agreement with Desert Publications for the "Dine Out Palm Desert" Dining Guide and Promotional Campaign (Contract No. C27130). Rec: By Minute Motion, concur with the Marketing Committee's recommendation to approve an agreement with Desert Publications, Inc., for the "Dine Out" Dining Guide and promotional campaign in an amount not to exceed $46,000 - funds are available in Account No. 110-4417-414-3221. N. REQUEST FOR APPROVAL of Honorariums for Artists Michael Hayden, Tim Prentice, Peter Erskine, and Dewain Valentine for "Embracing The Desert Light" Project (Contract Nos. C27140A-D). Rec: By Minute Motion, approve honorariums in the amount of $2,000 to each of the named artists for the "Embracing The Desert Light" Project - funds are available in Account No. 436-4650-454-3010. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 O. REQUEST FOR WAIVER OF FEES Associated with The Historical Society of Palm Desert's 8th Annual Ed Mullins Picnic In the Park. Rec: By Minute Motion, waive fees associated with the Historical Society of Palm Desert's 8th Annual Ed Mullins Picnic In the Park scheduled to be held Sunday, March 30, 2008, at Pavilion #1 in the Palm Desert Civic Center Park. P. REQUEST FOR WAIVER OF FEES Associated wih The Historical Society of Palm Desert's Annual Founders' Day Celebration. Rec: By Minute Motion, waive fees associated with The Historical Society of Palm Desert's Annual Founders' Day Celebration scheduled to be held on Saturday, May 17, 2008, in the Council Chamber located at the Palm Desert Civic Center. Q. INFORMATIONAL ITEM: Palm Springs International Airport Commission Appointments. Rec: Receive and file. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: None 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO TERRA NOVA PLANNING AND RESEARCH INC., FOR UPDATING THE HOUSING ELEMENT OF THE CITY'S GENERAL PLAN AS REQUIRED BY THE STATE OF CALIFORNIA (CONTRACT NO. C27150). Rec: By Minute Motion: 1) Award the subject contract to Terra Nova Planning and Research Inc., Palm Springs, California, in the amount of $51,420 for update of the City's Housing Element as required by the State of California; 2) authorize the Mayor to execute same; 3) appropriate $51,420 from Unobligated General Fund monies to Account No. 110-4470-412-3090 for this purpose. Action: B. REQUEST FOR APPROVAL OF PROPOSAL BY K2 AUDIO, LLC, FOR AUDIO/VISUAL CONSULTING SERVICES FOR THE CIVIC CENTER COUNCIL CHAMBER AND ATTENDANT FACILITIES WITHIN THE CITY (CONTRACT NO. C27160). Rec: By Minute Motion: 1) Accept and approve the subject proposal by K2 Audio, LLC, Boulder, Colorado, for audio/visual (A/V) consulting for the Civic Center Council Chamber and attendant City facilities in an amount not to exceed $25,000; 2) authorize the Mayor to execute said proposal and the expenditure of funds from Account No. 400-4563-433-4001 as part of the Council Chamber Equipment Upgrade Project - funds are available for this purpose, and no additional appropriation is required. Action: C. CONSIDERATION OF REQUEST FOR FUNDING OF THE PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY'S (CVA) CO-OP MARKETING CAMPAIGN TO INCREASE AIRLINE SERVICE. Rec: By Minute Motion: 1) Concur with the recommendation of the Marketing Committee and support the CVA Co-op Marketing Campaign in the amount of $50,000; 2) appropriate said funds from the Unobligated General Fund to Account No. 110-4417-414-3221; 3) make a finding that this promotion is of benefit to the City of Palm Desert. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 D. REQUEST FOR AWARD OF CONTRACT TO NANCY J. FRIEDMAN PUBLIC RELATIONS IN THE AMOUNT OF $72,000 FOR PUBLIC RELATIONS SERVICES (CONTRACT NO. C27170). Rec: By Minute Motion: 1) Concur with the Marketing Committee's recommendation and award the subject contract to Nancy J. Friedman Public Relations, New York, New York, in the amount of $72,000 for Public Relations Services through October 31, 2008; 2) authorize the Mayor to execute the agreement on behalf of the City - funds are available in the FY 2007/08 Marketing Budget in Account No. 110-4417-414-3090. Action: XV. CONTINUED BUSINESS A. ORDINANCE NO. 1143 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 705 § 1 (PART) AND APPROVING A NOTICE OF EXEMPTION AND AN AMENDMENT TO TITLE 10 (VEHICLES AND TRAFFIC) OF THE PALM DESERT MUNICIPAL CODE, REPLACING CHAPTER 10.50 - VALET PARKING - TO CHANGE THE PROCEDURES FOR ISSUANCE OF VALET PARKING PERMITS, AND TO REVISE THE PENALTIES FOR FAILURE TO COMPLY WITH REQUIREMENTS OF THE ORDINANCE (City of Palm Desert, Applicant) (Continued from the meeting of October 11, 2007). Rec: Waive further reading and adopt. Action: XVI. OLD BUSINESS None 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN AND CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A NEW, 88-ROOM HOTEL AND RESTAURANT PAD, INCLUDING A HEIGHT EXCEPTION TO ALLOW A MAXIMUM HEIGHT OF 52 FEET AT 75-144 GERALD FORD DRIVE Case Nos. PP 06-18 / CUP 06-15 (Patrick Yang, JWDA Architecture, Applicant) (Continued from the meetings of September 27 and October 11, 2007). Rec: Waive further reading and adopt Resolution No. 07-68, approving a Precise Plan of Design and Conditional Use Permit to allow the construction of an 88-room hotel and restaurant pad, including a height exception to allow a maximum height of 52 feet. Action: B. ANNUAL REPORT OF THE CALCULATION OF CALIFORNIA GOVERNMENT CODE SECTION 66006 - DEVELOPMENT IMPACT FEES FOR THE CITY OF PALM DESERT AS OF JUNE 30, 2007 (Continued from the meeting of October 25, 2007). Rec: 1) Receive public testimony on the Annual Report and Findings. 2) Waive further reading and adopt Resolution No. 07-74, making certain findings pursuant to California Government Code Section 66001. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 C. REQUEST FOR APPROVAL OF A VARIANCE TO SECTION 25.28.060 OF THE PALM DESERT MUNICIPAL CODE - MINIMUM STREET FRONTAGE SETBACK - TO ALLOW AN ENCROACHMENT INTO THE REQUIRED 2:1 STREET FRONTAGE SETBACK RATIO AND TO ALLOW A TWO-FOOT, SIX-INCH (2'6") ENCROACHMENT INTO THE MINIMUM FIVE-FOOT (5') STREET FRONTAGE SETBACK; AND A PRECISE PLAN TO CONSTRUCT A 15,499 SQUARE-FOOT, TWO- STORY COMMERCIAL RETAIL RESTAURANT BUILDING, INCLUDING A 36-FOOT TOWER ELEMENT, LOCATED AT 73-399 EL PASEO ON THE SOUTHWEST CORNER OF LUPINE LANE AND EL PASEO Case Nos. VAR 07-01 and PP 07-08 (A & H Management, Applicant). Rec: Waive further reading and adopt Resolution No. 07-75, approving Variance No. 07-01 and Precise Plan 07-08. Action: XVIII. 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: o XIX. ADJOURNMENT 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2007 FUTURE MEETINGS: November 13, 2007 12:00 p.m. Architectural Review Commission Community Services Conf. Room November 14, 2007 3:30 p.m. Public Safety Commission Administrative Conference Room November 19, 2007 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room November 20, 2007 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 November 21, 2007 9:00 a.m. Art in Public Places Commission Visitor Center –72567 Highway 111 3:00 p.m. Library Promotion Committee -CANCELED- November 22, 2007 3:00 p.m. Regular City Council/RDA Meetings -CANCELED – Thanksgiving Holiday November 27, 2007 10:00 a.m. Audit, Investment & Finance Cmte. CVAG Conf. Rm. –73710 Fred Waring Dr. 10:00 a.m. Historic Preservation Committee Administrative Conference Room 12:00 p.m. Architectural Review Commission Community Services Conf. Room November 28, 2007 11:30 a.m. Landscape Beautification Committee (Adj. From 11/21/07) Public Works Conference Room December 3, 2007 6:00 p.m. Youth Committee Administrative Conference Room December 4, 2007 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Administrative Conference Room December 11, 2007 12:00 p.m. Architectural Review Commission Community Services Conference Room December 12, 2007 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room December 13, 2007 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 November, 2007. Rachelle D. Klassen, City Clerk 11