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Home My WebLink About2012-03-08 AGENDAPOSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 08, 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 existing litigation pursuant to Government Code Section 54956.9(a): a) Tandem West Glass, Inc., v. City of Palm Desert, et al., Riverside County Superior Court, Case No. INC 1201153 B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 C. Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 D. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Parties: John M. Wohlmuth/City of Palm Desert V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2012 F-IT4 e , VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Jan C. Harnik VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. B. Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, or Financing Authority Boards 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, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, or Financing Authority Boards. Because the Brown Act does not allow the City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, or Financing Boards 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, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, or Financing Authority 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, telephone (760) 346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2012 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 February 23, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 187, 191, 193, and 197. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ruth's Chris Steak House, 74-740 Highway 111, Palm Desert. Rec: Receive and file. D. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal - Miscellaneous Computer and Electronic Equipment. Rec: By Minute Motion, declare items listed on the accompanying staff report's Exhibit "A" as surplus property and authorize disposal as appropriate. E. MARKETING COMMITTEE MINUTES for the Meeting of January 17, 2012. Rec: Receive and file. F. REQUEST FOR AUTHORIZATION to Reject Low Bid Submitted by John Deere Landscape and Award the Annual Color Plantings Bid for Fall 2012 and Spring 2013 to Progressive Growers, Inc., in the Amount of $24,999.62 (Project No. 930-12). Rec: By Minute Motion: 1) Reject low bid submitted by John Deere Landscape, Cleveland, Ohio, as non -responsive; 2) award the Annual Color Plantings Bid for Fall 2012 and Spring 2013 to Progressive Growers, Inc., Vista, California, in the amount of $24,999.62 - funds are available in General Fund Account Nos. 110-4614-453-3370 - Repair/Maintenance Median, and 110-4610-453-3320 - R/M Landscape Services. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2012 G. REQUEST FOR AUTHORIZATION to Reject All Bids Received for the 2012 Citywide Striping Program and Authorize Staff to Re -bid the Project (Contract No. C31450, Project No. 564-12). Rec: By Minute Motion: 1) Reject all bids received for the subject contract for the 2012 Citywide Striping Program; 2) authorize staff to re -bid the project. H. REQUEST FOR APPROVAL of Payment to the Desert Recreation District for the City's 2012 Sponsorship of the International Sports Festival. Rec: By Minute Motion, approve payment in the amount of $26,000 to Desert Recreation District for sponsorship of the 2012 International Sports Festival from Account No. 110-4416-414-3062. REQUEST FOR APPROVAL of Reimbursement to the Palm Springs Art Museum for Deconstruction and Relocation of Previous Visitor Center Millwork and Light Fixtures in the Amount of $8,930. Rec: By Minute Motion: 1) Approve reimbursement in the amount of $8,930 to the Palm Springs Art Museum for deconstruction and relocation work requested by the City of Palm Desert for the 72-567 Highway 111 location; 2) appropriate $8,930 from Building Maintenance Fund 450 for said reimbursement. F-IT4 a ,T XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2012 - 11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PORTIONS OF RESOLUTION NO. 2011-61, "EXHIBIT A" - SALARY SCHEDULE, SALARY RANGES, AND ALLOCATED CLASSIFICATIONS FOR THE REMAINDER OF FISCAL YEAR 2011-2012 - CODE COMPLIANCE OFFICER. Rec: Waive further reading and adopt. Action- n POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2012 B. RESOLUTION NO. 2012 - 12 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PORTION OF THE FRONTAGE ROAD ALONG THE EAST SIDE HIGHWAY 74 AS PART OF THE APPROVED HOTEL AND CONDOMINIUM PROJECT KNOWN AS ROSEWOOD, DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND FIXING A TIME AND PLACE FOR HEARING ALL PERSON INTERESTED IN OR OBJECTING TO THE PROPOSED VACATION (PDH Partners, LLC, Applicant). Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1234 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE - PERSONNEL SYSTEM - BY DELETING SECTION 2.52.555 - ELECTRONIC MAIL/INTERNET POLICY - AND REPLACING IT WITH SECTION 2.52.555 - TECHNOLOGY AND ELECTRONIC COMMUNICATIONS POLICY. Rec: Waive further reading and pass to second reading. F-ITAMe , For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR ADOPTION OF THE PALM DESERT STATEMENT OF INVESTMENT POLICY AS AMENDED (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, PALM DESERT HOUSING AUTHORITY, AND PALM DESERT FINANCING AUTHORITY). Rec: By Minute Motion, concur with the recommendation of the Audit, Investment & Finance Committee and adopt the Palm Desert Statement of Investment Policy, as amended. F-ITAMe , POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2012 B. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT TO FALCON BUILDERS, INC., FOR DESERT WILLOW MAINTENANCE BUILDING SITE LIGHTING AT 38-650 PORTOLA AVENUE (A.K.A. 38- 400 PORTOLA AVENUE) IN THE COMBINED TOTAL BID PRICE OF $23,986 (CONTRACT NO. C31580, PROJECT NO. 864-12). Rec: By Minute Motion: 1) Authorize award of the subject contract for Desert Willow Maintenance Building Site Lighting at 38-650 Portola Avenue (a.k.a. 38-400 Portola Avenue) to Falcon Builders, Inc., Indian Wells, California, in the combined total bid price of $23,986; 2) authorize the Director of Finance to set aside the amount of $2,398.60 as 10% contingency (Use of contingency requires additional action); 3) waive any irregularities or informalities in Falcon Builders, Inc., Contractor's Proposal; 4) authorize the Mayor to execute said contract - funds are available in Account No. 441- 4195-495-8092. Action: XV. CONTINUED BUSINESS A. FISCAL IMPACT ANALYSIS REPORT REGARDING POTENTIAL ANNEXATION BY THE CITY OF PALM DESERT FOR AREAS NORTH OF INTERSTATE 10 (Continued from the meetings of January 26 and February 23, 2012). Rec: By Minute Motion, direct staff regarding further actions to take, if any, concerning annexation of areas north of Interstate 10. Action: XVI. OLD BUSINESS None C^'. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2012 XVII. PUBLIC HEARINGS A. CONSIDERATION OF A RECOMMENDATION FOR DENIAL OF AN EXCEPTION FOR A BUILDING PERMIT SUBMITTED BEFORE THE 45-DAY INTERIM MORATORIUM TO ALLOW A VIEWING ROOF DECK LOCATED ON A PROPOSED CASITA ADDTION AT A RESIDENCE IN SOUTH PALM DESERT LOCATED AT 73-271 BUCKBOARD TRAIL (James Jeffords, Applicant) (Continued from the meeting of February 9, 2012). Rec: By Minute Motion, deny an exception to a current moratorium to allow a viewing roof deck on a proposed casita addition at 73-271 Buckboard Trail, subject to conditions. B. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM COMMUNITY COMMERCIAL, RESIDENTIAL LOW DENSITY, AND OFFICE PROFESSIONAL TO RESIDENTIAL HIGH DENSITY; A CHANGE OF ZONE FROM PLANNED COMMERCIAL DISTRICT, SINGLE-FAMILY RESIDENTIAL 9000, AND OFFICE PROFESSIONAL TO PLANNED RESIDENTIAL, 16 UNITS PER GROSS ACRE; A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION AND OPERATION OF A 73- UNIT, SENIOR LIVING, AFFORDABLE HOUSING PROJECT KNOWN AS CARLOS ORTEGA VILLAS LOCATED WEST OF WASHINGTON STREET AND SOUTH OF AVENUE OF THE STATES; A TENTATIVE PARCEL MAP TO SUBDIVIDE APNs 637-071-002, 637-170-0037 637-170-0047 637-170- 007 INTO THREE NEWLY CONFIGUERATED PARCELS; A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), Case Nos. GPA, C/Z, PP 11-200/TPM 36363, (Successor Agency to the Palm Desert Redevelopment Agency/Palm Desert Housing Authority, Applicant). Rec: Waive further reading and: 1) Adopt Resolution No. 2012 -13, approving a General Plan Amendment from Community Commercial, Residential Low Density, and Office Professional to Residential High Density. 2) Pass Ordinance No. 1235 to second reading, approving a Change of Zone from Planned Commercial District, Single- family Residential 9000, and Office Professional to Planned Residential, 16 Units Per Gross Acre. 3) Adopt Resolution No. 2012 - 14, approving Precise Plan 11- 200, Tentative Parcel Map 36363, and a Mitigated Negative Declaration of Environmental Impact as it relates to the project. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2012 C. REQUEST FOR APPROVAL OF AMENDMENT OF THE PALM DESERT MUNICIPAL CODE CHAPTER 3.28.020 - TRANSIENT OCCUPANCY TAX; ADDING CHAPTER 5.10 - SHORT-TERM RENTALS; AND REPEALING SECTIONS OF CHAPTER 25 - ZONING THAT REQUIRE A CONDITIONAL USE PERMIT FOR SHORT-TERM RENTALS (City of Palm Desert, Applicant). Rec: Waive further reading and: 1) Pass Ordinance No. 1236 to second reading, approving an amendment to the Palm Desert Municipal Code Chapter 3.28.020 - Transient Occupancy Tax; adding Chapter 5.10 - Short-term Rentals; and Repealing Sections of Chapter 25 - Zoning, that require a Conditional Use Permit for Short-term Rentals. 2) Adopt Resolution No. 2012 - 15, establishing a new $25 fee for Short-term Rental Permit applications that will be processed, as required by the new ordinance. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of February 15-28, 2012. Rec: Receive and file. B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY 1. Fire Department 2. Police Department A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2012 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 FUTURE MEETINGS: March 13, 2012 12.00 p.m. Architectural Review Commission Community Services Conference Room March 14, 2012 3.30 p.m. Housing Commission North Wing Conference Room 3.30 p.m. Public Safety Commission Administrative Conference Room March 19, 2012 3.00 p.m. Citizens' Adv. Cmte.-Prof. Area #4 Administrative Conference Room March 20, 2012 2.00 p.m. Marketing Committee Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber March 21, 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 March 22, 2012 3.00 p.m. Regular City Council/SA-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 March, 2012. Rachelle D. Klassen, City Clerk