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HomeMy WebLinkAboutAGENDA 28 AUG 2008 (2) POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 28, 2008 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: APN 640-020-008 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Labrador Trust Under Negotiation: x Price x Terms of Payment 2) Property: APN 628-120-001 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: John McCormick Under Negotiation: x Price x Terms of Payment POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 3) Property: APN 637-063-049 77-805, 77-815, 77-835, and 77-845 California Drive Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Country Club Villas Homeowners' Association 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 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 3 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly VII. INVOCATION - Mayor Pro Tem Robert A. Spiegel VIII. ORAL COMMUNICATIONS – B 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 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, Redevelopment Agency, or Housing Authority meeting. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 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 RECOGNIZE CITY OF PALM DESERT/CAL FIRE/RIVERSIDE COUNTY FIRE DEPARTMENT PARAMEDICS FOR EXEMPLARY SERVICE TO THE CITY AND ITS RESIDENTS. Action: B. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR OUTSTANDING SERVICE - JULY 2008. 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 Meetings of July 10, 2008, July 24, 2008, and August 14, 2008. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 289, 293, 294, 1, 5, 6, 8, 9, 12, 16, 17, 21, 25, 27, 31, 45, and 49. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of April 2008, May 2008, and June 2008 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pacifica In the Desert, 73-505 El Paseo, Suite F-2608, Palm Desert Rec: Receive and file E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by El Sol Azteca, 74-478 Highway 111, #C, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fregoso Imports, 74-818 Velie Way, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by McGowan's Irish Pub, 73-340 Palm Desert Drive, Palm Desert. Rec: Receive and file. H. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Landscape Beautification Committee Meetings of June 18, 2008, and July 16, 2008. 2. Marketing Committee Meeting of June 17, 2008. 3. Parks & Recreation Commission Meeting of June 3, 2008. 4. Youth Committee Meeting of June 2, 2008. Rec: Receive and file. I. RESIGNATION of Sherry Trevor from the Citizen's Advisory Committee for Project Area #4. Rec: Receive with very sincere regret. J. RESOLUTION NO. 08-76 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Paper Files from the Office of the Director of Finance that Have Been Digitally Imaged. Rec: Waive further reading and adopt. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 K. REQUEST FOR ADOPTION of Resolutions of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt: 1) Resolution No. 08-77 - October 2007 Records; 2) Resolution No. 08-78 - Re-scanned October 2007 Records; 3) Resolution No. 08-79 - February 2008 Records; 4) Resolution No. 08-80 - March 2008 Records; 5) Resolution No. 08-81 - April 2008 Records; 6) Resolution No. 08-82 - May 2008 Records. L. REQUEST FOR AUTHORIZATION to Refund Permit Fees collected from Various Applicants for the Period of July 1-11, 2008. Rec: By Minute Motion, authorize the refund of permit fees collected between July 1-11, 2008, in the total amount of $1,837.84 as shown on the accompanying staff report's Exhibit "A". M. REQUEST FOR AUTHORIZATION to Refund Plan Check Fee for 49-967 Canyon View, Palm Desert (Albert Gudel, Applicant). Rec: By Minute Motion, authorize the refund of Plan Check Fee in the amount of $733.62 for Building Permit No. 08-00044141 for a project located at 49-967 Canyon View. N. REQUEST FOR AUTHORIZATION to Refund Building Permit Fees for 73- 427 Santa Rosa Way, Palm Desert (Michael S. Hildebrand, Applicant). Rec: By Minute Motion, authorize the refund of Building Permit Fees in the amount of $202.20 for Building Permit No. 08-00044602 for a project located at 73-427 Santa Rosa Way. O. REQUEST FOR AWARD OF CONTRACT for Parking Lot Sweeping Services for City-owned Parking Lots for Fiscal Year 2008-2009 (Contract No. C27550A). Rec: By Minute Motion: 1) Approve the subject contract for one year with M & M Sweeping, Inc., Thousand Palms, California, for a total of $10,500 for FY 2008-2009; 2) authorize the Mayor to execute same - funds are available in Account No. 110-4310-433-3320. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 P. REQUEST FOR APPROVAL of Agreement with the City of Rancho Mirage for Maintenance of the Shared Traffic Signals on Monterey Avenue and Dinah Shore Drive (Contract No. C28080). Rec: By Minute Motion, approve of and authorize the Mayor to execute the subject agreement with City of Rancho Mirage for the maintenance of shared traffic signals on Monterey Avenue and Dinah Shore Drive. Q. REQUEST FOR AWARD OF CONTRACT for the De-installation and Installation of the El Paseo Invitational Exhibition (Contract No. C28090). Rec: By Minute Motion: 1) Award contract for the subject project to Michael Volpone, Cathedral City, California, in the amount of $2,800; 2) authorize the Mayor to execute same - funds are available in Account No. 436-4650-454-4002. R. REQUEST FOR AWARD OF CONTRACT for the Refurbishment of "Desert Star" and "Desert Flower" Artwork located at 73-710 Fred Waring Drive (Contract No. C28100). Rec: By Minute Motion: 1) Award contract for the subject project to Imperial Signs, Indio, California, in the amount of $14,995; 2) authorize the Mayor to execute same - funds are available in Account No. 240- 4650-454-3372. S. REQUEST FOR APPROVAL of an Addendum to the Agreement of Miscellaneous Repairs to the City of Palm Desert's Public Art Collection and the El Paseo Exhibition (Contract No. C27390). Rec: By Minute Motion, approve an Addendum to the subject contract with Same Day Express, Palm Desert, California, to perform miscellaneous repairs to the City of Palm Desert's Public Art Collection and the El Paseo Exhibition -funds are available in Account No. 240-4650-454- 3372. T. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C26850 - ADA (Americans With Disabilities Act) Self-evaluation of City-owned Facilities and Transition Plan Development. Rec: By Minute Motion: 1) Approve Amendment No. 1 to the subject Professional Services Agreement with Bureau Veritas North America, Inc., Corona, California, in an amount not to exceed $18,600 for Additional review services necessary to update the City's ADA Strategic Plan; 2) appropriate said funds to Account No. 110-4420- 422-3010 for the Amendment. 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 U. REQUEST FOR RECISSION of Approval of Tract Map No. 32655-1 and Authorization to Release Associated Security (Hover Development Company, Inc., Applicant). Rec: By Minute Motion, rescind approval of Tract Map No. 32655-1 and authorize the City Clerk to release the related security. V. REQUEST FOR APPROVAL of Parcel Map No. 34567 (Longs Drugs/Renata Tyler, Applicant). Rec: Waive further reading and adopt Resolution No. 08-83, approving the Map of Parcel Map No. 34567. W. REQUEST FOR APPROVAL of Parcel Map No. 35978 (Palm Desert Associates, L.P., Applicant). Rec: Waive further reading and adopt Resolution No. 08-84, approving the Map of Parcel Map No. 35978. X. REQUEST FOR APPROVAL of Field Trip Forms to Be Used in Connection with the City-sponsored After School Program at Lincoln Elementary School (Contract No. C27900). Rec: By Minute Motion, approve the use of forms generated by the City of Palm Desert/Family YMCA of the Desert, and Desert Sands Unified School District to allow students enrolled in the City-sponsored After School Program to participate in field trips associated with its civic engagement component. Y. REQUEST FOR APPROVAL of Out-of-State Travel for Department of Community Development for Fiscal Year 2008-2009. Rec: By Minute Motion, authorize travel involving three out-of-state trips for staff members of the Department of Community Development during FY 2008-2009 - funding was appropriated during the annual budget process. Action: XI. CONSENT ITEMS HELD OVER 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 XII. RESOLUTIONS A. RESOLUTION NO. 08-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2007-2008 BUDGET AS A RESULT OF YEAR-END ADJUSTMENTS. Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 08-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING CONSENT TO THE COUNTY OF RIVERSIDE TO FORM THE PALM SPRINGS DESERT RESORT COMMUNITIES TOURISM BUSINESS IMPROVEMENT DISTRICT. Rec: Waive further reading and adopt. Action: C. RESOLUTION NO. 08-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ITS RESOLUTION NOS. 06-164, 07-80, AND THEIR SUCCESSORS IN PERPETUITY, AND AUTHORIZING THE CITY MANAGER TO GRANT EXCEPTIONS TO PERMITTING FEES ON A CASE-BY-CASE BASIS WHEN PRIVATE PROJECTS ARE DEEMED TO PROVIDE A DIRECT BENEFIT TO THE PUBLIC. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1162 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 3.32 OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH PURCHASING POLICIES AND PROCEDURES. Rec: Waive further reading and pass to second reading. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 B. ORDINANCE NO. 1163 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS OF CHAPTER 5.100 OF THE PALM DESERT MUNICIPAL CODE, RELATED TO ENTERTAINMENT PERMITS. Rec: Waive further reading and pass to second reading. Action: For Adoption: A. ORDINANCE NO. 1161 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.12 - TRASH ENCLOSURES, SECTION 8.12.030 AND SECTION 8.12.040 OF THE PALM DESERT MUNICIPAL CODE. Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. CONSIDERATION OF A PLANNING COMMISSION REFERRAL TO APPROVE A PRELIMINARY BUILDING SITE FOR A FIVE-ACRE PARCEL OF LAND IN THE HILLSIDE PLANNED RESIDENTIAL ZONE PURSUANT TO THE REQUIREMENT OF SECTION 25.15.130 (OPTIONAL PRELIMINARY APPROVAL) OF THE PALM DESERT MUNICIPAL CODE - SAID REQUEST DOES NOT QUALIFY AS A PROJECT UNDER CEQA GUIDELINES; NO ENVIRONMENTAL STUDIES ARE REQUIRED AT THIS TIME - PROPERTY LOCATED WEST OF THE PALM VALLEY STORM CHANNEL ON UPPER WAY WEST (APN 628-130-015) Case No. HPR/PP 08-259 (Bruce Kuykendall/Barracuda, LLC, Applicant). Rec: By Minute Motion, recommend that the Applicant proceed with development of Proposed Pad #1 as shown on the map attached to the accompanying staff report. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 B. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION ACTION, DENYING A REQUEST TO ALLOW SIGNAGE LOCATED HIGHER THAN THE MAN DOORS ON THE REAR OF BUILDING "A" FACING THE FREEWAY FOR DESERT ARCHES BUSINESS CENTER LOCATED AT 75-178 GERALD FORD DRIVE Case No. SA 08-260 (Sign-A-Rama, Applicant/Appellant). Rec: By Minute Motion, deny the appeal and reaffirm the action of the Architectural Review Commission, denying signage located higher than the man doors on the rear of Building "A" facing the freeway for Desert Arches Business Center. Action: C. REQUEST FOR APPROVAL OF THE ANNUAL PURCHASE OF GRASS SEED FOR CITY PARKS AND DESERT WILLOW GOLF COURSE. Rec: By Minute Motion, authorize the purchase of 282,800 pounds of grass seed from Simplot Partners, Palm Desert, California, in the amount of $267,251.92 (including tax, shipping, and handling) - funds are available in the various Parks and Desert Willow Accounts. Action: D. REQUEST FOR RATIFICATION OF THE CITY MANAGER'S APPROVAL AND AWARD OF CONTRACT WITH GKKWORKS FOR MASTER PLANNING SERVICES FOR A COMMUNITY AND AQUATIC CENTER (CONTRACT NO. C28060). Rec: By Minute Motion, ratify the City Manager's approval to award the subject Master Planning Contract to gkkworks, Irvine, California, in an amount not to exceed $25,000 - funds are available in Account No. 233-4602-454-4001. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 E. REQUEST FOR APPROVAL OF A TWO-YEAR EXTENSION OF THE PROPERTY MANAGEMENT AGREEMENT WITH MASON & MASON INC. FOR MANAGEMENT SERVICES AT THE PARKVIEW OFFICE COMPLEX (CONTRACT NO. C15106). Rec: By Minute Motion, approve a two-year extension of the subject contract with Mason & Mason, Montrose, California, for Property Management Services at the Parkview Office Complex in the amount of $66,000/year - funds are available in Account No. 510-4195-495- 3090. Action: F. REQUEST FOR AWARD OF CONTRACT TO HARDY AND HARPER, INC., FOR THE MESA VIEW STREET RESURFACING PROJECT (CONTRACT NO. C27370A, PROJECT NO. 638-08). Rec: By Minute Motion: 1) Award the subject contract in the amount of $725,000 to Hardy and Harper, Inc., Santa Ana, California; 2) authorize the Mayor to execute same; 3) approve a 10% contingency for the project in the amount of $72,500; 4) appropriate $797,500 to the Project Account, No. 110-4311-433-3320. Action: G. REQUEST FOR AWARD OF CONTRACT TO MARINA LANDSCAPE, INC., FOR LANDSCAPE MAINTENANCE AREA NO. 4 (CONTRACT NO. C27730A). Rec: By Minute Motion: 1) Award the subject contract in the amount of $84,410 to Marina Landscape, Inc., Anaheim, California; 2) approve the use of extra work and services as needed at the specified contract amount; 3) authorize the Mayor to execute said contract - funds are available in Account No. 110-4614-453-3370. Action: 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 H. REQUEST FOR AWARD OF CONTRACT TO DATELAND CONSTRUCTION FOR THE SAN PASCUAL CHANNEL LOW-FLOW CHANNELIZATION IMPROVEMENTS (CONTRACT NO. C28020, PROJECT NO. 518-08). Rec: By Minute Motion: 1) Reject the bids submitted by J.H. Thompson & Sons and Southwest General Engineering as non-responsive; 2) award the subject contract to Dateland Construction, Indio, California, in the amount of $74,327.50; 3) authorize the Mayor to execute same; 4) approve a 10% contingency for the project in the amount of $7,432.75. Action: I. REQUEST FOR AWARD OF CONTRACT TO SIMON CONTRACTING FOR THE PARK OFFICE REMODEL PROJECT (CONTRACT NO. C28110). Rec: By Minute Motion, award the Park Office Remodel Contract to Simon Contracting, Indio, California, in an amount not to exceed $123,900 and authorize the Mayor to execute same - funds are available in Account No. 430-4340-433-4001. Action: J. REQUEST FOR APPROVAL OF $65,000 EXPENDITURE FOR POSTAGE FOR THE MONTHLY BRIGHT SIDE NEWSLETTER - FISCAL YEAR 2008- 2009. Rec: By Minute Motion, approve expenditure of $65,000 for the United States Postal Service to cover 12 months of postage for the monthly BrightSide Newsletter - funds are available in Account No. 110-4417- 414-3660. Action: 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 K. CONSIDERATION OF THE PROPOSED PALM DESERT SISTER CITIES STAFF EXCHANGE PROGRAM BETWEEN THE CITIES OF GISBORNE, NEW ZEALAND, AN IXTAPA-ZIHUATANEJO, MEXICO. Rec: By Minute Motion: 1) Approve the proposed Palm Desert Sister Cities Staff Exchange Program between the Cities of Gisborne, New Zealand, and Ixtapa-Zihuatanejo, Mexico, and direct the City Manager to proceed with implementing the program; 2) appropriate $15,000 from the Unobligated General Fund to initiate a Sister Cities Council and Staff Exchange Program; 3) designate a City Councilmember to participate in the Gisborne Staff Exchange Program; 4) designate a City Councilmember to participate in the Ixtapa-Zihuatanejo Staff Exchange Program. Action: L. REQUEST FOR APPROVAL OF A PROPOSAL BY DEKRA-LITE FOR HOLIDAY LIGHTING AND DECORATIONS (CONTRACT NO. C28120). Rec: By Minute Motion: 1) Approve a proposal by Dekra-Lite, Santa Ana, California, in the amount of $222,592.07 for Holiday Lighting and Decorations; 2) authorize the City Manager to execute a contract in an amount not to exceed $22,592.07 between the City of Palm Desert and Dekra-Lite for same; 3) ratify the City Manager's approval of a contract in the amount of $3,100 payable to The Jarvis Company to have existing inventory of Holiday Decorations delivered to the City of Palm Desert; 4) appropriate $72,592.07 from the Unobligated General Fund for costs not budgeted in Fiscal Year 2008-2009 Budget for the City's Holiday Decoration Program; 5) declare the City's existing inventory of Holiday Decorations, which will not be refurbished, as surplus and direct the City Manager to recommend a list of possible recipients to be approved at a future City Council Meeting. Action: M. REQUEST FOR APPROPRIATION OF FUNDS FOR XEROX LEASE AGREEMENTS AND METER READS. Rec: By Minute Motion, authorize: 1) Appropriation of $90,000 for the 13 Xerox Copiers throughout City Offices, including Lease Agreements and quarterly meter reads; 2) issuance of a City Purchase order to Xerox Corporation to cover the above expenses from appropriated Account No. 110-4159-415-3420 for Fiscal Year 2008-2009. Action: 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 N. REQUEST FOR APPROVAL OF $350,000 IN FACADE ENHANCEMENT PROGRAM CONSIDERATION FUNDS TO ELTINGE & GRAZIADIO DEVELOPMENT COMPANY FOR "EL PASEO MARKETPLACE AND EL PASEO PLAZA" LOCATED AT 73-547 TO 73-613 HIGHWAY 111, 43-051 LARKSPUR LANE, AND 73-540 TO 73-580 EL PASEO. Rec: By Minute Motion, approve $350,000 in Facade Enhancement Program Consideration Funds to Eltinge & Graziadio Development Company for "El Paseo Marketplace and El Paseo Plaza" located at 73-547 to 73-613 Highway 111, 45-051 Larkspur Lane, and 73-540 to 73-580 El Paseo - funds are available in Account No. 400-4800-454- 3875. Action: XV. CONTINUED BUSINESS A. REQUEST FOR AUTHORIZATION FOR STAFF TO SUBMIT FIRST DRAFT OF THE GENERAL PLAN 2008 HOUSING ELEMENT UPDATE TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (Continued from the meeting of July 10, 2008). Rec: By Minute Motion, authorize staff to submit the first draft of the General Plan 2008 Housing Element Update to the State Department of Housing and Community Development. Action: XVI. OLD BUSINESS A. REQUEST FOR ACCEPTANCE OF HEARING DIRECTOR'S RECOMMENDATIONS REGARDING STONE EAGLE GOLF COURSE, ACCEPT THE PROJECT AS COMPLETE, RELEASE THE SECURITIES, AND AUTHORIZE THE MAYOR TO EXECUTE THE MAINTENANCE AGREEMENT. Rec: By Minute Motion: 1) Accept the recommendations resulting from the Stone Eagle Golf Course Impacts Director's Hearing; 2) accept the Golf Course Project as complete; 3) release the associated securities; 4) authorize the Mayor to execute the Maintenance Agreement by and between the City of Palm Desert and Stone Eagle Development, LLC (Contract No. C28130). Action: 14 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 B. REQUEST FOR APPROVAL OF THE REIMBURSEMENT OF ADDITIONAL ART IN PUBLIC PLACES (AIPP) FEES FOR ART COMPONENT AT THE VILLAGE AT UNIVERSITY PARK PROJECT LOCATED AT 36-891 COOK STREET, PALM DESERT (The Evans Company, Applicant). Rec: By Minute Motion, approve the reimbursement of $66,326.82 of additional AIPP fees for the art component for The Village at University Park Project located at 36-891 Cook Street, Palm Desert - funds are available in Account No. 436-0000-312-2700. Action: C. CONSIDERATION OF CONTRACT WITH THE COUNTY OF RIVERSIDE TO PROVIDE LAW ENFORCEMENT SERVICES TO THE CITY OF PALM DESERT (CONTRACT NO. C27930). Rec: Discussion of amended contract to occur at the meeting. Action: D. REQUEST FOR DIRECTION TO DEVELOP DRAFT ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR THE IDENTIFICATION, DESIGNATION, PROTECTION, AND ENHANCEMENT OF THE CITY'S CULTURAL RESOURCES. Rec: By Minute Motion, direct staff to develop the final draft Cultural Resources Ordinance for the City of Palm Desert, based upon outcome decisions of the subcommittee meeting of July 9, 2008, as listed in Items Nos. 1-8 of the accompanying staff report. Action: E. UPDATE ON THE CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY, AND PALM DESERT HOUSING AUTHORITY STRATEGIC OBJECTIVES (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion: 1) Receive and file the Update on the City of Palm Desert, Palm Desert Redevelopment Agency, and Palm Desert Housing Authority Strategic Objectives; 2) provide direction to staff on whether or not the City Council/Agency Board/ Authority Board wishes to proceed with the next scheduled Strategic Planning Session scheduled for December 8, 2008. Action: 15 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AN AMENDMENT TO DEVELOPMENT AGREEMENT 06-02, UNIVERSITY PARK, BETWEEN THE CITY OF PALM DESERT AN PALM DESERT FUNDING COMPANY, DELETING THE COACHELLA VALLEY WATER DISTRICT WELL SITES FROM THE SCOPE OF THE DEVELOPMENT AGREEMENT Case Nos. DA 06-02 Amendment 1 and MISC 08-301 (Palm Desert Funding Company, LP, Applicant). Rec: Waive further reading and pass Ordinance No. 1164 to second reading, approving Amendment 1 to Development Agreement 06-02. Action: B. REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT, PRECISE PLAN, AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 20-UNIT SENIOR CITIZEN APARTMENT PROJECT LOCATED AT 73-582 CATALINA WAY (APN 627-111-011) Case No. DA, PP/CUP 08-50 (Bernard Investment Group/Ken Bernard, Applicant). Rec: Waive further reading and: 1) Pass Ordinance No. 1165 to second reading, approving Development Agreement 08-50; 2) adopt Resolution No. 08-88, approving Precise Plan and Conditional Use Permit No. 08-50, subject to conditions attached. Action: 16 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 C. REQUEST FOR APPROVAL OF THE ESTABLISHMENT OF A CONTRACTUAL ASSESSMENT PROGRAM PURSUANT TO CHAPTER 29 OF PART 3 OF DIVISION 7 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE, ESTABLISHING A PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AN ENERGY EFFICIENCY IMPROVEMENTS; APPROPRIATING MONEYS FROM THE GENERAL FUND FOR THE PROGRAM; CONFIRMING ASSESSMENTS TO BE LEVIED WITHIN THE PARAMETERS OF THE REPORT; AMENDING RESOLUTION NO. 08-75, AND TAKING CERTAIN OTHER ACTIONS - THE PALM DESERT ENERGY INDEPENDENCE LOAN PROGRAM. Rec: 1) Waive further reading and adopt Resolution No. 08-89, approving the Report of the Director of the City's Office of Energy Management in connection with the proposed establishment of a contractual assessment program pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code, establishing a program to finance Distributed Generation Renewable Energy Sources and Energy Efficiency Improvements; appropriating moneys from the General Fund to fund the program; confirming assessments to be levied within the parameters of the Report; amending Resolution No. 08-75, and taking certain other actions. 2) By Minute Motion, authorize the Director of Finance to appropriate $2.5 million from Unobligated General Fund Reserves to the Palm Desert Energy Independence Loan Fund for this program. 3) By Minute Motion, approve a contract with Willdan Financial Services to provide assessment levy administration services necessary for the Palm Desert Energy Independence Loan Program - there is no cost to the City for this service, as costs will be borne by the loan applicants (Contract No. C28140). 4) By Minute Motion, authorize the transfer of $160,000 from the Unallocated General Fund Reserves to the Office of Energy Management's Advertising and Promotion Account, No. 110- 4511-422-3223. Action: 17 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Report on Applications for Vacancies on the Rent Review Commission and Request for Further Direction. D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Request for Approval of Out-of-State Travel for Councilman Ferguson to Represent the City of Palm Desert on EcoMotion's 2008 Spanish Solar Research Tour, October 2-10. Rec: By Minute Motion: 1) Approve the subject Out-of-State Travel for Councilman Ferguson to represent the City on EcoMotion's 2008 Spanish Solar Research Tour, October 2-10; 2) authorize the expenditure of funds for the travel from Account No. 110-4110-410-3120. o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT 18 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008 FUTURE MEETINGS: September 2, 2008 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber September 6, 2008 11:00 a.m. Youth Committee (Adj. From Sept 1) Administrative Conference Room September 9, 2008 12:00 p.m. Architectural Review Commission Community Services Conference Room September 10, 2008 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room September 11, 2008 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 nd 72 hours prior to the meeting. Dated this 22 day August, 2008. ___________________________ Rachelle D. Klassen, City Clerk 19