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Home My WebLink About2012-02-09 AGENDAPOSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 09, 2012 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 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 Successor Agency to the Palm Desert Redevelopment Agency Board at this point by stepping to the lectern and givinq 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 Successor Agency Board. Because the Brown Act does not allow the City Council or Successor Agency Board to take action on items not on the Agenda, members will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at a future City Council or Successor Agency meeting. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. 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 Robert A. Spiegel VII. INVOCATION - Councilmember Jean M. Benson POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 VIII. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. Action: B. Any person wishing to discuss any item not scheduled for public hearing may address the City Council or Successor 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 Successor Agency Board. Because the Brown Act does not allow the City Council or Successor Board to take action on items not on the Agenda, members will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at a future City Council or Successor Agency meeting. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, 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, (760) 346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO THE CITY COUNCIL ABOUT THE CALIFORNIA SMALL BUSINESS DEVELOPMENT CENTER (SBDC) - COACHELLA VALLEY SBDC. 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 January 26, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 155, 159, and 160. Approve as presented. Rec: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 C. CLAIM AGAINST THE CITY (#695) by Burton Charles Blaurock in the Amount of $6,949,661.61. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of December 21, 2011. 2. Cultural Resources Preservation Committee Meeting of September 27, 2011. 3. Landscape Beautification Committee Meeting of September 21, 2011. Rec: Receive and file. E. REQUEST FOR APPROVAL of an Agreement with Golf Channel Solutions to Provide Marketing and Online Tee Time Reservations for Desert Willow Golf Resort (Contract No. C31590). Rec: By Minute Motion: 1) Approve an agreement with Golf Channel Solutions to provide golf course marketing and online tee time reservations for the Desert Willow Golf Resort; 2) authorize Desert Willow Golf Resort to provide two golf rounds per day to Golf Channel Solutions in lieu of compensation for services provided. F. REQUEST FOR ADOPTION of Categorical Exemption and Authorization to File Notice of Exemption for the Highway 111 Resurfacing Project. Rec: By Minute Motion, adopt the Categorical Exemption for the Highway 111 Resurfacing Project and authorize the Director of Public Works to execute and file the Notice of Exemption with the County Clerk. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO 2012 - 06 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2011-2012 BUDGET AS A RESULT OF MID -YEAR ADJUSTMENTS. Rec: Waive further reading and adopt. Action: 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 B. RESOLUTION NO. 2012 - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, - CALIFORNIA, MAKING AN ELECTION IN CONNECTION WITH HOUSING ASSETS AND FUNCTIONS UNDER PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE, AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF UPDATED BYLAWS FOR THE CITIZEN'S SUSTAINABILITY COMMITTEE AND APPOINTMENT OF NEW MEMBERS. Rec: 1) Waive further reading and adopt Resolution No. 2012 -08, establishing the Bylaws of the Palm Desert Citizen's Sustainability Committee. 2) By Minute Motion, appoint Susan Rosenberg to the vacant seat never assumed by Joseph Norbeck (term Dec. 31, 2014); David Mourhess and Dean Gatons each to a four- year term (Jan. 1, 2012 - Dec. 31, 2015). B. REQUEST FOR APPOINTMENT OF TWO MEMBERS TO THE OVERSIGHT BOARD FOR PALM DESERT CREATED BY ABX1-26. Rec: By Minute Motion, appoint Heather Buck, Project Coordinator, and identify the Mayor's Appointee to the newly created ABX1-26 Oversight Board for the City of Palm Desert as Successor Agency to the Palm Desert Redevelopment Agency. Action- n POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 C. CONSIDERATION OF REQUEST TO APPLY FOR A TEMPORARY USE PERMIT, ALLOWING THE PALM DESERT CHAMBER OF COMMERCE TO HOLD A REGULARLY OCCURRING VALLEY -WIDE, ONE -DAY GARAGE SALE TWO TIMES PER YEAR LOCATED AT 72-559 HIGHWAY 111 (ENTRADA DEL PASEO), Case No. TUP 12-37 (Palm Desert Chamber of Commerce, Applicant). Rec: By Minute Motion, allow the Palm Desert Chamber of Commerce to apply for a Temporary Use Permit to hold a regularly occurring Valley -wide, one -day Garage Sale two times per year at Entrada del Paseo, and authorize the City Manager to sign as authorized representative. D. REQUEST FOR AUTHORIZATION FOR THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) AND A CERTIFICATE OF ACCEPTANCE FOR A QUITCLAIM DEED WITH THE COUNTY OF RIVERSIDE FOR THE MONTEREY AVENUE INTERCHANGE RAMP MODIFICATION ON INTERSTATE 10 (CONTRACT NO. C31600, PROJECT NO. 669-02). Rec: By Minute Motion, authorize the Mayor to execute an MOU and a Certificate of Acceptance for a Quitclaim Deed with County of Riverside for the Monterey Avenue Interchange Ramp Modification on Interstate 10. E. REQUEST FOR APPROVAL TO FUND THE ANNUAL FINE ART INSURANACE PREMIUM IN THE AMOUNT OF $10,000 FOR ART SCULPTURES TO BE PLACED IN THE ERIC JOHNSON MEMORIAL GARDEN (SCULPTURE GARDEN ) PER THE LEASE AGREEMENT WITH THE PALM SPRINGS ART MUSEUM (CONTRACT NO. C29860). Rec: By Minute Motion: 1) Approve $10,000 in funding for the annual Fine Art Insurance Premium for art sculptures to be placed in the Eric Johnson Memorial Garden, per conditions of the Lease Agreement with the Palm Springs Art Museum; 2) appropriate $10,000 from the Unobligated General Fund Reserves for insurance premium costs. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 F. CONSIDERATION OF AN EXCEPTION TO PALM DESERT MUNICIPAL CODE SECTION NOS. 9.58.010 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY AND 25.64.040 - USES PERMITTED SUBJECT TO TEMPORARY USE PERMIT FOR VARIOUS PRIVATE EVENTS AT THE PALM SPRINGS ART MUSEUM -PALM DESERT (THE GALEN), 72-567 HIGHWAY 111. Rec: By Minute Motion: 1) Approve an exception to P.D.M.C. Section 9.58.010 for the noted private events at the Palm Springs Art Museum -Palm Desert (The Galen), located at 72-567 Highway 111; 2) authorize the City Manager to execute the Temporary Use Permits associated with these events; 3) approve an exception to P.D.M.C. Section 25.64.040, permitting the Palm Springs Art Museum - Palm Desert (The Galen), located at 72-567 Highway 111, to have more than 10 Special Events requiring a Temporary Use Permit for Calendar Year 2012. UTOUMe , XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 AND ACCEPTANCE OF WORK FOR CONTRACT NO. C27950A - INTERSECTION IMPROVEMENTS AT FRANK SINATRA DRIVE AND PORTOLA AVENUE (PROJECT NO. 572-08) (Continued from the meeting of January 26, 2012). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $38,816.39 to the subject contract with H & H General Contractors, Inc., Highland, California, for additional work performed on the project; 2) authorize transfer of $38,816.39 from contingency to base for the contract; 3) authorize the Mayor to execute Change Order No. 1; 4) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Action: XVI. OLD BUSINESS 0= C^'. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A 10 1/2-MONTH EXTENSION OF THE EXISTING 45-DAY MORATORIUM ON ISSUANCE OF BUILDING PERMITS, CONDITIONAL USE PERMITS, AND RELATED ENTITLEMENTS FOR CONSTRUCTION OF ROOF DECKS WITHIN THE CITY WHILE OPTIONS FOR LONG-TERM REGULATORY STRATEGY ARE STUDIED; AND FOR AN EXCEPTION FOR A BUILDING PERMIT SUBMITTED BEFORE THE 45-DAY INTERIM MORATORIUM TO ALLOW A VIEWING ROOF DECK LOCATED ON A PROPOSED CASITA ADDITION AT A RESIDENCE IN SOUTH PALM DESERT, LOCATED AT 73-271 BUCKBOARD TRAIL, SUBJECT TO CONDITIONS (City of Palm Desert, Applicant/James Jeffords, Applicant). Rec: 1) Waive further reading and adopt Urgency Ordinance No. 1232 by four -fifths vote, approving an extension for an additional 10 1/2 months to the existing 45-day interim moratorium on issuance of building permits, Conditional Use Permits, and other entitlements for construction of roof decks. 2) By Minute Motion, approve an exception to allow a viewing roof deck located on a proposed casita addition at 73-271 Buckboard Trail, subject to conditions. B. REQUEST FOR APPROVAL OF CHANGES OF ZONE FOR 22 PROPERTIES THROUGHOUT THE CITY IN ACCORDANCE WITH CALIFORNIA STATE LAW TO COINCIDE WITH THE RECENTLY UPDATED 2011 HOUSING ELEMENT, Case No. C/Z 11-493 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1233 to second reading, approving Changes of Zone for 22 properties throughout the City to be consistent with the Housing Element of the General Plan and to accommodate its Regional Housing Needs Allocation (RHNA) obligations. F-IT41 Me, VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of January 18-31, 2012. Rec: Receive and file. Action- B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY 1. Fire Department 2. Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: 2. City Council Consideration of Travel Reauests and Reports 3. City Council Committee Reports: 4. City Council Comments: 5. Suggested Items for Future City Council Meeting Agendas: XIX. ADJOURNMENT A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2012 FUTURE MEETINGS: February 8, 2012 12:00 p.m. Citizen's Sustainability Committee Administrative Conference Room February 14, 2012 12:00 p.m. Architectural Review Commission Community Services Conference Room February 15, 2012 9:00 a.m. Art In Public Places Commission Community Services Conference Room 11:30 a.m. Landscape Beautification Committee Administrative Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room February 21, 2012 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber February 23, 2012 3:00 p.m. Regular City Council 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 is 3rd day of February, 2012. Rachelle D. Klassen, City Clerk