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Home My WebLink AboutAGENDA 11 OCT 2007 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 11, 2007 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: APNs 627-071-025, 627-071-024, 627-074-006 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Wing Lam Shou Timothy Palmer 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. INC053903 b) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County Superior Court, Case No. CIV 80790; DCA No. E023514 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Party: Carlos L. Ortega/City of Palm Desert V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION Action: VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICAN - Mayor Pro Tem Jean M. Benson VII. INVOCATION - Councilman Robert A. Spiegel VIII. ORAL COMMUNICATIONS – B Any person wishing to discuss any item not scheduled for public hearing 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. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF OCTOBER 7-13,2007, AS "FIRE PREVENTION WEEK" IN THE CITY OF PALM DESERT. Rec: Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 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 September 27, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 75, 83, and 84. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Landscape Beautification Committee Meetings of May 16, 2007, and June 20, 2007. 2. Marketing Committee Meeting of July 17, 2007. Rec: Receive and file. D. REQUEST FOR RATIFICATION of the City Manager's Approval of Awarding Park Overseeding Bid to Vintage Associates, Inc. Rec: By Minute Motion, ratify the City Manager's approval of awarding the Park Overseeding Bid to Vintage Associates, Inc., Bermuda Dunes, California, in an amount not to exceed $20,280--funds are available in Account Nos. 110-4610-453-3320, 110-4611-453-3320, and 276-4374-433-3320. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 E. REQUEST FOR RATIFICATION of Agreement to Lease, Install, and Maintain Lighted Holiday Decorations to be Placed Within the Medians at El Paseo (Contract No. C27030). Rec: By Minute Motion: 1) Ratify the City Manager's decision to enter into an agreement with Western States Holiday Decorating, Bermuda Dunes, California, in the amount of $2,950 to lease, install, and maintain lighted holiday decorations for placement within El Paseo medians; 2) appropriate $2,950 from the Unobligated General Fund to lease, install, and maintain holiday decorations along El Paseo for the 2007 Holiday Season. F. REQUEST FOR APPROVAL of Mark Stephenson as Curator of the 2008/09 El Paseo Invitational Sculpture Exhibition (Contract No. C27040). Rec: By Minute Motion: 1) Approve Mark Stephenson as curator of the 2008/09 El Paseo Invitational Sculpture Exhibition; 2) award Mr. Stephenson an honorarium in the amount of $10,000 for this purpose--funds are available in Account No. 436-4650-454-4002. G. REQUEST FOR AUTHORIZATION to Award Contract to Robert S. Valdivia for Concrete Work at Desert Willow Golf Resort (Contract No. C27050). Rec: By Minute Motion, authorize award of the subject contract to Robert S. Valdivia, La Quinta, California, in the amount of $49,020--funds are available in Account No. 241-4195- 495-08092. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C26280 - Painting of the Exterior and Courtyards at the Parkview Office Complex Located at 73-710 and 73-720 Fred Waring Drive (Southwest Coatings, Inc., San Pedro, 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. I. CONSIDERATION of a Request for Funding of the 2008 Easter Bowl Junior Tennis Tournament. Rec: By Minute Motion, concur with the Marketing Committee's recommendation to: 1) Support the 2008 Easter Bowl Tennis Tournament in the amount of $5,000; 2) appropriate said funds from the Unobligated General Fund to Special Events, Account No. 110-4416-414-3061; 3) make a finding that this event provides a financial benefit to the City of Palm Desert. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 J. REQUEST FOR APPROVAL of the Possession and Consumption of Alcoholic Beverages, Street Closures, Waiver of Sound Ordinance, Sale of Merchandise, and Closure of a Portion of Civic Center Park in Connection with the 2007 Art of Food & Wine Festival, November 8-11. Rec: By Minute Motion, authorize the following, all in connection with the 2007 Art of Food & Wine Festival; 2) Permit the possession and consumption of alcoholic beverages on City-owned property; 2) permit the closure of El Paseo for 24 hours; 3) waive the 9:00 p.m. curfew for amplified sound; 4) permit the sale of logo-ed merchandise on City-owned property; 5) authorize fencing of the Amphitheater area of Civic Center Park. K. INFORMATIONAL REPORT Relative to Contract No. C22013 - Third Amendment of the Agreement for Law Enforcement Services Between the County of Riverside and the City of Palm Desert Rec: Recieve and file. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 07-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING A STORM DRAIN EASEMENT, DESIGNATED AS "EASEMENT D," IN THE REMAINDER PARCEL OF TRACT NO. 27882-1 UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND ACCEPTING A REPLACEMENT EASEMENT AND AGREEMENT (The Robert Mayer Corporation, Applicant). Rec: Waive further reading and adopt. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1141A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND BERNARD INVESTMENT GROUP, ATTACHED AS EXHIBIT A - 14-UNIT SENIOR CITIZEN APARTMENT COMPLEX LOCATED AT 73-811 SANTA ROSA WAY Case No. DA -07-01 (Bernard Investment Group/Ken Bernard, Applicant). Rec: Waive further reading and adopt. Action: B. 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). Rec: Waive further reading and adopt. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL OF AN ORDER TO ABATE A PUBLIC NUISANCE FOR PALM DESERT MOBILE ESTATES LOCATED AT THE SOUTHWEST CORNER OF PORTOLA AVENUE AND THE WHITEWATER STORM CHANNEL Case No. 07-369 (Mark Bessire/Palm Desert Mobile Estates, Appellant). Rec: By Minute Motion, uphold the Code Compliance Division's determination that Palm Desert Mobile Estates be required to remove a non-permitted recreational vehicle storage area and associated tent canopies, and/or obtain a Conditional Use Permit and a business license from the City to operate the storage area. Action: B. REQUEST FOR AWARD OF CONTRACT IN THE AMOUNT OF $315,120 FOR PARK MAINTENANCE SERVICES (CONTRACT NO. C26380A). Rec: By Minute Motion, award the subject contract in the amount of $315,120 to Kirkpatrick Landscape Services, Inc., Indio, California, and authorize extra work and supplies at the rate specified in the contract, in an amount not to exceed $52,000 -- funds are available in the FY 2007/08 Budget in the various Park Maintenance Accounts. Action: C. CONSIDERATION OF "DESERT GATEWAY TUMBLING WEED" DESIGN AS THE PUBLIC ART COMPONENT FOR THE DESERT GATEWAY PROJECT LOCATED AT 34-140 TO 34-940 MONTEREY AVENUE, PALM DESERT (RJ Ventures, Applicant). Rec: By Minute Motion: 1) Approve the design "Desert Gateway Tumbling Weed" as the public art component by Heath Satow for the Desert Gateway project located at 34-140 - 34-940 Monterey Avenue, Palm Desert; 2) appropriate $110,000 from Account No. 436-0000-312-2700 for future reimbursement for said public art component. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 D. CONSIDERATION OF A REQUEST FOR FUNDING OF THE 2008 VIRGINIA WARING PIANO COMPETITION BLACK AND WHITE BALL. Rec: By Minute Motion, concur with the Marketing Committee's recommendation to: 1) approve sponsorship of $35,000 for the Virginia Waring Piano Competition Black and White Ball; 2) appropriate $35,000 from the Unobligated General Fund to Special Events, Account No. 110-4415-414-3061, for this purpose. Action: XV. CONTINUED BUSINESS NONE XVI. OLD BUSINESS A. CONSIDERATION OF THE CITY OF PALM DESERT - BERMUDA DUNES SPHERE OF INFLUENCE REVIEW REQUEST FROM THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO). Rec: By Minute Motion, provide direction to the Riverside County Local Agency Formation Commission relative to retention of the Bermuda Dunes Sphere of Influence. Action: XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION APPROVAL FOR TWO (2) TENTATIVE TRACT MAPS TO SUBDIVIDE 7.58 ACRES INTO 331 LOTS FOR PROPERTY LOCATED AT 73-750 COUNTRY CLUB DRIVE (APNs 620-272-014, 620-261-050, 620-251- 039, 620-241-027, 620-094-026, 620-082-035, 620-131-031, 620-141- 001, AND 620-151-034) Case Nos. TT 35271 and 35272 (Palm Desert Greens Association, Applicant) (Gerhad Befeld, Appellant) (Continued from the meeting of September 13, 2007). Rec: Waive further reading and adopt Resolution No. 07-65, reaffirming the action of the Planning Commission and approving two (2) Tentative Tract Maps to subdivide 7.58 acres into 331 lots, dated July 3, 2007. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 B. 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 meeting of September 27, 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: C. REQUEST FR APPROVAL OF THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN (CVMSHCP/NCCP) AND IMPLEMENTING AGREEMENT, CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT (EIR) AND A MEMORANDUM OF UNDERSTANDING (MOU) TO EXTEND THE COACHELLA VALLEY FRINGE-TOED LIZARD PERMIT TO ALLOW COMPLETION OF THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN, INCLUDING MEASURES FOR CONTINUED CONSERVATION OF THE COACHELLA VALLEY FRINGE-TOED LIZARD. Rec: 1) Waive further reading and adopt: 1) Resolution No. 07-69, making responsible agency findings pursuant to CEQA; b) Resolution No. 07-70, establishing procedures for implementation of the Coachella Valley Multiple Species Habitat Conservation Plan. 2) By Minute Motion, approve an MOU to extend the Coachella Valley Fringe-toed Lizard Permit. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 D. REQUEST FOR APPROVAL OF A NOTICE OF EXEMPTION AND AN AMENDMENT TO TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE, ADDING AND AMENDING SECTION 25.64, ALLOWING HELIPORTS, HELICOPTER FIELDS, AND HELISTOPS WITH A TEMPORARY USE PERMIT WITHIN NON-RESIDENTIAL ZONES IN THE CITY Case No. ZOA 07-02 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1144 to second reading, approving a notice of exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code, adding to and amending Section 25.64 to allow Helicopter Fields, Heliports, and Helistops with a Temporary Use Permit only within commercial, Industrial, and Public/Institutional Zones in the City. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o Police Department 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 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: October 15, 2007 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room October 16, 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 October 17, 2007 9:00 a.m. Art in Public Places Commission Visitor Center –72567 Highway 111 3:00 p.m. Library Promotion Committee Administrative Conference Room October 23, 2007 10:00 a.m. Audit, Investment & Finance Cmte. North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room October 25, 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 th not less than 72 hours prior to the meeting. Dated this 5 day of October, 2007 Rachelle D. Klassen, City Clerk 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 11, 2007 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: APNs 627-071-025, 627-071-024, 627-074-006 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Wing Lam Shou, Timothy Palmer 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. INC053903 b) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County Superior Court, Case No. CIV 80790; DCA No. E023514 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 2 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 Pro Tem Jean M. Benson VII. INVOCATION - Councilman Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF OCTOBER 7-13,2007, AS "FIRE PREVENTION WEEK" IN THE CITY OF PALM DESERT. Rec: 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 September 27, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 75, 83, and 84. Rec: Approve as presented. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 3 C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Landscape Beautification Committee Meetings of May 16, 2007, and June 20, 2007. D. 2. Marketing Committee Meeting of July 17, 2007. Rec: Receive and file. D. REQUEST FOR RATIFICATION of the City Manager's Approval of Awarding Park Overseeding Bid to Vintage Associates, Inc. Rec: By Minute Motion, ratify the City Manager's approval of awarding the Park Overseeding Bid to Vintage Associates, Inc., Bermuda Dunes, California, in an amount not to exceed $20,280--funds are available in Account Nos. 110-4610-453-3320, 110-4611-453-3320, and 276-4374-433-3320. E. REQUEST FOR RATIFICATION of Agreement to Lease, Install, and Maintain Lighted Holiday Decorations to be Placed Within the Medians at El Paseo (Contract No. C27030). Rec: By Minute Motion: 1) Ratify the City Manager's decision to enter into an agreement with Western States Holiday Decorating, Bermuda Dunes, California, in the amount of $2,950 to lease, install, and maintain lighted holiday decorations for placement within El Paseo medians; 2) appropriate $2,950 from the Unobligated General Fund to lease, install, and maintain holiday decorations along El Paseo for the 2007 Holiday Season. F. REQUEST FOR APPROVAL of Mark Stephenson as Curator of the 2008/09 El Paseo Invitational Sculpture Exhibition (Contract No. C27040). Rec: By Minute Motion: 1) Approve Mark Stephenson as curator of the 2008/09 El Paseo Invitational Sculpture Exhibition; 2) award Mr. Stephenson an honorarium in the amount of $10,000 for this purpose--funds are available in Account No. 436-4650-454-4002. G. REQUEST FOR AUTHORIZATION to Award Contract to Robert S. Valdivia for Concrete Work at Desert Willow Golf Resort (Contract No. C27050). Rec: By Minute Motion, authorize award of the subject contract to Robert S. Valdivia, La Quinta, California, in the amount of $49,020--funds are available in Account No. 241-4195-495-8092. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 4 H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C26280 - Painting of the Exterior and Courtyards at the Parkview Office Complex Located at 73-710 and 73-720 Fred Waring Drive (Southwest Coatings, Inc., San Pedro, 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. I. CONSIDERATION of a Request for Funding of the 2008 Easter Bowl Junior Tennis Tournament. Rec: By Minute Motion, concur with the Marketing Committee's recommendation to: 1) Support the 2008 Easter Bowl Tennis Tournament in the amount of $5,000; 2) appropriate said funds from the Unobligated General Fund to Special Events, Account No. 110-4416-414-3061; 3) make a finding that this event provides a financial benefit to the City of Palm Desert. J. REQUEST FOR APPROVAL of the Possession and Consumption of Alcoholic Beverages, Street Closures, Waiver of Sound Ordinance, Sale of Merchandise, and Closure of a Portion of Civic Center Park in Connection with the 2007 Art of Food & Wine Festival, November 8-11. Rec: By Minute Motion, authorize the following, all in connection with the 2007 Art of Food & Wine Festival; 2) Permit the possession and consumption of alcoholic beverages on City-owned property; 2) permit the closure of El Paseo for 24 hours; 3) waive the 9:00 p.m. curfew for amplified sound; 4) permit the sale of logo-ed merchandise on City-owned property; 5) authorize fencing of the Amphitheater area of Civic Center Park. K. INFORMATIONAL REPORT Relative to Contract No. C22013 - Third Amendment of the Agreement for Law Enforcement Services Between the County of Riverside and the City of Palm Desert Rec: Recieve and file. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 07-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING A STORM POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 5 DRAIN EASEMENT, DESIGNATED AS "EASEMENT D," IN THE REMAINDER PARCEL OF TRACT NO. 27882-1 UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND ACCEPTING A REPLACEMENT EASEMENT AND AGREEMENT (The Robert Mayer Corporation, Applicant). Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: For Adoption: A. ORDINANCE NO. 1141A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND BERNARD INVESTMENT GROUP, ATTACHED AS EXHIBIT A - 14-UNIT SENIOR CITIZEN APARTMENT COMPLEX LOCATED AT 73-811 SANTA ROSA WAY Case No. DA -07-01 (Bernard Investment Group/Ken Bernard, Applicant). Rec: Waive further reading and adopt. Action: B. 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). Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 6 A. CONSIDERATION OF AN APPEAL OF AN ORDER TO ABATE A PUBLIC NUISANCE FOR PALM DESERT MOBILE ESTATES LOCATED AT THE SOUTHWEST CORNER OF PORTOLA AVENUE AND THE WHITEWATER STORM CHANNEL Case No. 07-369 (Mark Bessire/Palm Desert Mobile Estates, Appellant). Rec: By Minute Motion, uphold the Code Compliance Division's determination that Palm Desert Mobile Estates be required to remove a non-permitted recreational vehicle storage area and associated tent canopies, and/or obtain a Conditional Use Permit and a business license from the City to operate the storage area. Action: B. REQUEST FOR AWARD OF CONTRACT IN THE AMOUNT OF $315,120 FOR PARK MAINTENANCE SERVICES (CONTRACT NO. C26380A). Rec: By Minute Motion, award the subject contract in the amount of $315,120 to Kirkpatrick Landscape Services, Inc., Indio, California, and authorize extra work and supplies at the rate specified in the contract, in an amount not to exceed $52,000 -- funds are available in the FY 2007/08 Budget in the various Park Maintenance Accounts. Action: C. CONSIDERATION OF "DESERT GATEWAY TUMBLING WEED" DESIGN AS THE PUBLIC ART COMPONENT FOR THE DESERT GATEWAY PROJECT LOCATED AT 34-140 TO 34-940 MONTEREY AVENUE, PALM DESERT (RJ Ventures, Applicant). Rec: By Minute Motion: 1) Approve the design "Desert Gateway Tumbling Weed" as the public art component by Heath Satow for the Desert Gateway project located at 34-140 - 34-940 Monterey Avenue, Palm Desert; 2) appropriate $110,000 from Account No. 436-0000-312-2700 for future reimbursement for said public art component. Action: D. CONSIDERATION OF A REQUEST FOR FUNDING OF THE 2008 VIRGINIA WARING PIANO COMPETITION BLACK AND WHITE BALL. Rec: By Minute Motion, concur with the Marketing Committee's recommendation to: 1) approve sponsorship of $35,000 for the Virginia Waring Piano Competition Black and White Ball; 2) POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 7 appropriate $35,000 from the Unobligated General Fund to Special Events, Account No. 110-4415-414-3061, for this purpose. Action: XV. CONTINUED BUSINESS XVI. OLD BUSINESS A. CONSIDERATION OF THE CITY OF PALM DESERT - BERMUDA DUNES SPHERE OF INFLUENCE REVIEW REQUEST FROM THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO). Rec: By Minute Motion, provide direction to the Riverside County Local Agency Formation Commission relative to retention of the Bermuda Dunes Sphere of Influence. Action: XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION APPROVAL FOR TWO (2) TENTATIVE TRACT MAPS TO SUBDIVIDE 7.58 ACRES INTO 331 LOTS FOR PROPERTY LOCATED AT 73-750 COUNTRY CLUB DRIVE (APNs 620-272-014, 620-261-050, 620-251- 039, 620-241-027, 620-094-026, 620-082-035, 620-131-031, 620-141- 001, AND 620-151-034) Case Nos. TT 35271 and 35272 (Palm Desert Greens Association, Applicant) (Gerhad Befeld, Appellant) (Continued from the meeting of September 13, 2007). Rec: Waive further reading and adopt Resolution No. 07-65, reaffirming the action of the Planning Commission and approving two (2) Tentative Tract Maps to subdivide 7.58 acres into 331 lots, dated July 3, 2007. Action: B. 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 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 8 Yang, JWDA Architecture, Applicant) (Continued from the meeting of September 27, 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: C. REQUEST FR APPROVAL OF THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN (CVMSHCP/NCCP) AND IMPLEMENTING AGREEMENT, CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT (EIR) AND A MEMORANDUM OF UNDERSTANDING (MOU) TO EXTEND THE COACHELLA VALLEY FRINGE-TOED LIZARD PERMIT TO ALLOW COMPLETION OF THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN, INCLUDING MEASURES FOR CONTINUED CONSERVATION OF THE COACHELLA VALLEY FRINGE-TOED LIZARD. Rec: 1) Waive further reading and adopt: 1) Resolution No. 07-69, making responsible agency findings pursuant to CEQA; b) Resolution No. 07-70, establishing procedures for implementation of the Coachella Valley Multiple Species Habitat Conservation Plan. 2) By Minute Motion, approve an MOU to extend the Coachella Valley Fringe-toed Lizard Permit. Action: D. REQUEST FOR APPROVAL OF A NOTICE OF EXEMPTION AND AN AMENDMENT TO TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE, ADDING AND AMENDING SECTION 25.64, ALLOWING HELIPORTS, HELICOPTER FIELDS, AND HELISTOPS WITH A TEMPORARY USE PERMIT WITHIN NON-RESIDENTIAL ZONES IN THE CITY Case No. ZOA 07-02 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1144 to second reading, approving a notice of exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code, adding to and amending Section 25.64 to allow Helicopter Fields, Heliports, and Helistops with a Temporary Use Permit only within commercial, Industrial, and Public/Institutional Zones in the City. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 9 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 ADDENDUM ITEM POSTED 10/8/07 - Consideration of Request for Sponsorship of Palm Desert Volunteers at the November 1, 2007, RSVP "Honoring Our Corps of Five Star Vounteers" (Mayor Richard S. Kelly). o o Rec: By Minute Motion, approve the request in the amount of $2,840 o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2007 10 October 15, 2007 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room October 16, 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 October 17, 2007 9:00 a.m. Art in Public Places Commission Visitor Center –72567 Highway 111 3:00 p.m. Library Promotion Committee Administrative Conference Room October 23, 2007 10:00 a.m. Audit, Investment & Finance Cmte. North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room October 25, 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 not less than 72 hours prior to the meeting. Dated this 5th day of October, 2007 Rachelle D. Klassen, City Clerk