HomeMy WebLinkAboutAGENDA 26 JUN 2008
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 26, 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: Lease Property - Parkview Professional Office Complex
73710 Fred Waring Drive, Suite No. 106, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Coachella Valley Economic Partnership
Under Negotiation: x Price x Terms of Payment
2) Property: APNs 637-092-004 and 627-092-005
Negotiating Parties:
Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Jeffrey D. Bancroft
Under Negotiation: x Price x Terms of Payment
3) Property: 42-135 Kansas Street, Palm Desert (APN 637-033-001)
Negotiating Parties:
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
Agency: Carlos L. Ortega/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner:
Other Parties: Rachel D. Cox
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) Jaroslaw Paluha and Joseph A. Barraco v. City of Palm Desert,
Riverside County Superior Court, Case No. INC077804
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 - Councilman Jim Ferguson
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, 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.
2
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 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 .am. – 5:00 p.m., 73510 Fred Waring Drive,
Palm Desert, CA 92260, (760) 346-0611.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF THE GOVERNMENT FINANCE OFFICERS
ASSOCIATION "CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE
IN FINANCIAL REPORTING FOR THE FISCAL YEAR ENDED JUNE 30,
2007" TOTHE CITY OF PALM DESERT.
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 June 12, 2008, the
Adjourned Regular Meeting of May 15, 2008, and the Adjourned Regular
Joint Meeting of the City Council, Redevelopment Agency, and Housing
Authority of June 19, 2008.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 264-265,269, 273, 274, and 279.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dragon Gate
Chinese Restaurant, 44-491 Town Center Way - 5, Suite E, Palm Desert.
Rec: Receive and file.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Grill-A-
Burger, 73-091 Country Club Drive, #A2, Palm Desert.
Rec: Receive and file.
E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1.
Landscape Beautification Committee Meeting of May 21, 2008.
F. 2. Youth Committee Meeting of May 5, 2008.
Rec: Receive and file.
F. REQUEST FOR APPROVAL of Amended Citizens On Patrol (COPS)
Standard Practice Manual.
Rec: By Minute Motion, approve the amended COPS Standard Practice
Manual.
G. REQUEST FOR AUTHORIZATION for the City Manager/Excecutvie
Director to Execute Grants of Easement and Pipeline Agreements with the
Coachella Valley Water District for Development at the Desert Willow Golf
Resort (Joint Consideration with the Palm Desert Redevelopment
Agency).
Rec: By Minute Motion, authorize the City Manager/Executive Director to
execute the Grants of Easement/Pipeline Agreements with the
Coachella Valley Water District (CVWD) after formal review and
approval of any associated documents by CVWD and the City
Attorney - easements will facilitate construction by WVC Rancho
Mirage, Inc., of the Starwood development at Desert Willow Golf
Resort.
H. REQUEST FOR AUTHORIZATION for Staff to Enter Into Agreement with
HF&H Consultants, LLC, to Assist with Review of Burrtec Waste &
Recycling Services Solid Waste Franchise Agreement (Contract No.
C27810).
Rec: By Minute Motion: 1) Authorize staff to enter into agreement with
HF&H Consultants, LLC, Newport Beach, California, to assist with
the City's review of Burrtec Waste & Recycling Services Solid
Waste Franchise Agreement; 2) appropriate funds in the amount of
$30,000 from Account No. 110-4132-411-3090 for said services.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
I. REQUEST FOR APPROVAL of Industrial Shoe Co. Providing Safety
Footwear for City Employees for Another 12 Months.
Rec: By Minute Motion, approve current vendor, Industrial Shoe Co.,
Santa Ana, California, to provide safety footwear for City
Employees for another 12 months.
J. REQUEST FOR APPROVAL of the Purchase of Two Zero-Emission, No-
Noise (ZENN) Electric Vehicles.
Rec: By Minute Motion: 1) Approve the purchase of two zero-emission,
no-noise (ZENN) electric vehicles for the City fleet from Coalinga
Motors, Inc., Coalinga, California, at the GSA pricing of $22,219.91
each, for a total of $44,439.82; 2) appropriate $44,439.82 from
Unobligated Funds to Account No. 110-4331-413-4030 for this
purpose.
K. REQUEST FOR APPROVAL of the Use of Genuine Parts Company
(NAPA) to Supply Aftermarket Automotive Parts, Equipment, and Services
for Fleet Maintenance for Fiscal Year 2008-2009.
Rec: By Minute Motion, approve the use of Genuine Parts Company
(NAPA), Palm Desert, California, to supply general aftermarket
automotive parts, tools, equipment, and services, as needed, for
fleet maintenance for FY 2008-2009 - funds are available in
Account No. 110-4331-413-3340.
L. REQUEST FOR APPROVAL of Vendors for Construction Equipment
Rental Services for Fiscal year 2008-2009.
Rec: By Minute Motion, approve the use of Elms Equipment Rental,
Clairemont Equipment Co., United Rentals, and Johnson CAT
Equipment Rentals to provide equipment rental services to the City
for FY 2008-2009 - funds are available in Account No. 110-4310-
433-3430.
M. REQUEST FOR APPROVAL of the use of Various Dust Control Vendors
for Fiscal Year 2008-2009.
Rec: By Minute Motion: 1) Grant an exception to Bidding Requirements
as provided for by Palm Desert Municipal Code Section 3.32.090
for FY 2008-2009; 2) approve use of the various Dust Control
Vendors for FY 2008-2009 on the list attached to the accompanying
staff report for this item.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
N. REQUEST FOR AWARD OF CONTRACT for Maintenance Services for
Civic Center Park Lagoon and the Entrada del Paseo Water Feature
(Contract No. C27820).
Rec: By Minute Motion, award Maintenance Contract for the Civic Center
Park Lagoon and the Entrada del Paseo Water Feature to
Southwest Aquatics, Inc., Palm Desert, California, in the amount of
$19,140 and authorize the Mayor to Execute same - funds are
available in the FY 2008-2009 Landscape Maintenance Accounts,
Nos. 110-4610-453-3320 and 110-4614-453-3320.
O. REQUEST FOR AUTHORIZATION to Reject All Bids and Authorize the
City Clerk to Re-advertise for Landscape Maintenance Services -
Landscape Maintenance Area No. 4 (Contract No. C27730, Project No.
904-08).
Rec: By Minute Motion: 1) Reject all bids received for the subject
contract for Landscape Maintenance Area No. 4; 2) authorize the
City Clerk to re-advertise and call for bids for Landscape
Maintenance Area No. 4; 3) authorize the City Manager to approve
interim landscape maintenance activities on an as-needed basis in
an amount not to exceed $20,000 until contract is awarded - funds
are available in Account No. 110-4614-453-3370.
P. REQUEST FOR AUTHORIZATION to Reject All Bids and Authorize the
City Clerk to Re-advertise for the Mesa View Drive Street Resurfacing
Project (Contract No. C27370, Project No. 638-08).
Rec: By Minute Motion, reject all bids received for the subject project and
authorize the City Clerk to re-advertise and call for bids.
Q. REQUEST FOR ACCEPTANCE OF WORK for the Citywide Drywell
Removal Project (Contract No. C27580, Project No. 500-08) (Simon
Contracting, Indio, 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.
R. REQUEST FOR APPROVAL of a Proposal by Advanced Woodwork, Inc.,
to Supply and Install Cabinetry at the Mesa View Fire Station (No. 67).
Rec: By Minute Motion, approve the proposal by Advanced Woodwork,
Inc., Palm Desert, California, in the amount of $7,315 to supply and
install cabinetry at Fire Station No. 67 - funds are available from the
New Construction Tax Fund, Account No. 231-4220-422-4001.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
S. REQUEST FOR AUTHORIZATION to Release One-year Maintenance
Security for Tract Map No. 31377 (Coachella Valley Land Company, Inc.,
Applicant).
Rec: By Minute Motion, authorize the City Clerk to release the subject
subdivision improvement maintenance security for Tract Map No.
31377.
T. REQUEST FOR AUTHORIZATION to Refund Building Permit Fees for 74-
775 Del Coronado, Palm Desert (Michele Sordal, Applicant).
Rec: By Minute Motion, authorize the refund of Building Permit Fees in
the amount of $3,284.92 for Building Permit no. 05-00034235 for a
project located at 74-775 Del Coronado.
U. REQUEST FOR APPROVAL of the Closure of a Portion of San Pablo
Avenue and Waiver of Amplified Sound Restrictions in Conjunction with
the "Macker Basketball Tournament" Scheduled to be Held in the City on
October 11-12, 2008.
Rec: By Minute Motion, approve the closure of San Pablo Avenue from
Fred Waring Drive north to Magnesia Falls Drive on October 11-12,
2008, and permit amplified sound beginning at 8:00 a.m., the retail
sale of logo merchandise, as well as food and beverage products
on City-owned property in conjunction with the "Macker Basketball
Tournament" scheduled to be held on October 11-12, 2008, and
deny the request for a $30,000 cash sponsorship.
V. INFORMATIONAL ITEMS
1. Research on Free Wi-Fi Within Palm Desert.
2. Report on Homeowners Associations and Landscaping & Lighting
Districts.
Rec: Receive and file.
Action:
XI. CONSENT ITEMS HELD OVER
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
XII. RESOLUTIONS
A. RESOLUTION NO. 08-47 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING
RESOLUTION NO. 99-60 AND ESTABLISHING AN EMPLOYEES'
FLEXIBLE BENEFIT PROGRAM AS DEFINED UNDER INTERNAL
REVENUE CODE SECTION 125.
Rec: Waive further reading and adopt.
Action:
XIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1154AA - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND
RESTATING CHAPTER 8.36 OF THE CODE OF PALM DESERT,
CALIFORNIA, RELATING TO SMOKING.
Rec: Waive further reading and pass to second reading.
Action:
B. ORDINANCE NO. 1150A - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CHAPTER
5.100 OF THE PALM DESERT MUNICIPAL CODE RELATED TO
ENTERTAINMENT PERMITS IN SAID CITY.
Rec: Waive further reading and pass to second reading.
Action:
For Adoption:
A. ORDINANCE NO. 1157 - AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,
APPROVING CHAPTER 5.100 OF THE PALM DESERT MUNICIPAL
CODE RELATED TO ENTERTAINMENT PERMITS IN SAID CITY AND
DECLARING URGENCY.
Rec: Waive further reading and adopt on a four-fifths vote.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
XIV. NEW BUSINESS
A. CONSIDERATION OF APPLICANT APPEAL TO PLANNING
COMMISSION APPROVAL OF A PRELIMINARY BUILDING SITE FOR A
HILLSIDE PLANNED RESIDENTIAL PROPERTY LOCATED AT 72-340
UPPER WAY WEST (APN 628-130-008) Case No. PP 07-12 (David
Nelson, Applicant/Appellant).
Rec: By Minute Motion, reaffirm the decision of the Planning
Commission dated June 3, 2008, directing the Applicant to proceed
with development of Proposed Pad #2 as shown on the map
attached to the accompanying staff report.
Action:
B. CONSIDERATION OF AN APPEAL TO A DECISION BY THE
ARCHITECTURAL REVIEW COMMISSION, DENYING A REQUEST
FOR COLOR CHANGE TO AN EXISTING SINGLE-FAMILY
RESIDENTIAL HOUSE LOCATED AT 45-751 EDGEHILL DRIVE Case
No. MISC 06-04 (Gary Bazik, Applicant/Appellant).
Rec: By Minute Motion, reaffirm the action of the Architectural Review
Commission (ARC), denying the proposed color change to an
existing single-family residential house located at 45-751 Edgehill
Drive.
Action:
C. REQUEST FOR AWARD OF CONTRACT FOR CIVIC CENTER HEAT
PUMP REPLACEMENT PROJECT (CONTRACT NO. C27830).
Rec: By Minute Motion, award the subject contract for the Civic Center
Heat Pump Replacement Project to Hugh Hoard, Inc/H & H Air
Conditioning & Heating, Palm Desert, California, in the amount of
$82,880 and authorize the Mayor to execute same -- funds are
available in Account No. 450-4161-415-4001.
Action:
9
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
D. REQUEST FOR EXTENSION OF PARKS MAINTENANCE CONTRACT
FOR ONE YEAR AND APPROVE A COST OF LIVING INCREASE TO
THE CURRENT CONTRACT PRICE FOR FISCAL YEAR 2008-2009
(CONTRACT NO. C26381A).
Rec: By Minute Motion: 1) Extend the subject Parks Maintenance
Contract with Kirkpatrick Landscape, Inc., Indio, California, for a
period of one year, FY 2008-2009; 2) Approve a cost-of-living
increase of 3.3% to the current Parks Maintenance Contract with a
new contract amount of $465,965.64, plus extra work and supplies
at the rate specified in the contract in an amount not to exceed
$53,716 -- funds are available in the various Park Maintenance
Accounts.
Action:
E. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF
THE MONTEREY AVENUE MEDIAN LANDSCAPE FROM COUNTRY
CLUB DRIVE TO HOVLEY LANE WEST (CONTRACT NO. C25430B,
PROJECT NO. 961-02).
Rec: By Minute Motion: 1) Waive apparent irregularities in the bid; 2)
award the subject contract to Rock Bottom, Inc, Bakersfield,
California, in the amount of $152,380; 3) authorize a 10%
contingency for the project in the amount of $15,238; 4) authorize
the Mayor to execute the subject agreement - funds are available in
the Median Landscape Account, No. 400-4614-433-4001.
Action:
F. CONSIDERATION OF REQUEST FROM THE PALM DESERT POLICE
DEPARTMENT FOR AUTHORIZATION TO PURCHASE THREE (3)
NEW HONDA POLICE MOTORCYCLES AND RELATED ANCILLARY
EQUIPMENT.
Rec: By Minute Motion, authorize the expenditure of $116,964.04 in
Police General Funds to purchase three (3) new Honda Police
Motorcycles, along with ancillary equipment, from the vendors
named in the accompanying staff report -- funds are available in
Account No. 110-4210-422-4045 and no additional appropriation is
required.
Action:
10
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
G. REQUEST FOR EXTENSION OF CONTRACT WITH FULL GALLOP
MARKETING COMMUNICATIONS IN THE AMOUNT OF $96,300 FOR
ADVERTISING SERVICES - FISCAL YEAR 2008-2009 (CONTRACT NO.
C23413).
Rec: By Minute Motion: 1) Concur with the Marketing Committee's
recommendation and extend the subject contract with Full Gallop
Marketing Communications in the amount of $96,300 for FY 2008-
2009; 2) authorize the Mayor to execute the agreement on behalf of
the City -- funds are available in Account No. 110-4417-414-3215.
Action:
H. REQUEST FOR AWARD OF CONTRACT TO COACHELLA VALLEY
PRINTING GROUP FOR PRINTING OF THE MONTHLY BRIGHT SIDE
NEWSLETTER FOR FISCAL YEAR 2008-2009 WITH A ONE-YEAR
EXTENSION PROVISION (CONTRACT NO. C27840).
Rec: By Minute Motion: 1) Award the subject contract to Coachella
Valley Printing Group, Indio, California, for monthly printing of the
Bright Side newsletter in the amount of $5,757/month for FY 2008-
2009 and a one-year extension provision including a 5% increase;
2) authorize the Mayor to execute said contract--funds are available
in Account No. 110-4417-414-3610.
Action:
I. REQUEST FOR APPROPRIATION OF FUNDS IN THE AMOUNT OF
$150,000 FOR CONTINUED OPERATION OF THE HOUSEHOLD
HAZARDOUS WASTE FACILITY BY BURRTEC WASTE & RECYCLING
SERVICES.
Rec: By Minute Motion, appropriate funds in the amount of $150,000
from Account No. 236-4195-454-3090 (Recycling Funds) for
continued operation of the Household Hazardous Waste (HHW)
Facility operated by Burrtec Waste & Recycling Services.
Action:
11
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
J. REQUEST FOR REVIEW AND APPROVAL OF OUTSIDE AGENCY
FUNDING (CHARITABLE CONTRIBUTIONS) FOR FISCAL YEAR 2008-
2009.
Rec: By Minute Motion: 1) Consider and approve award of charitable
contributions in the total amount of $368,750 to the agencies listed
in the accompanying staff report, with associated restrictions and
conditions; 2) authorize the Mayor to execute agreements with said
agencies for awarded funding.
Action:
K. REQUEST FOR ADOPTION OF RESOLUTION OF THE CITY COUNCIL
AND THE PALM DESERT REDEVELOPMENT AGENCY, APPROVING
PAYMENT BY THE AGENCY FOR ALL OR A PART OF
IMPROVEMENTS TO THE ALESSANDRO ALLEY PROJECT (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Rec: Waive further reading and adopt: 1) City Council Resolution No.
08-48, approving payment by the Palm Desert Redevelopment
Agency for all or a part of the cost of the Alessandro Alley
Improvement Project; 2) Redevelopment Agency Resolution No.
547, approving payment by the Agency for all or a part of the cost
of the Alessandro Alley Improvement Project.
Action:
L. REQUEST FOR CONSIDERATION OF THE CREATION OF A PALM
DESERT HISTORIC MUSEUM IN CONJUNCTION WITH THE PALM
DESERT HISTORICAL SOCIETY.
Rec: Provide direction to staff relative to the following options:
1) Direct staff to proceed with the creation of a Historical Museum
within the Portola Community Center, including negotiations with
the Palm Desert Historical Society for leasing of the building.
2) Direct staff to proceed with the development of a Historical Museum
with the Entrada del Paseo site in conjunction with the Palm Desert
Historical Society.
Action:
12
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
M. REQUEST FOR APPROVAL OF A CONTRACT WITH ECOMOTION IN
AN AMOUNT NOT TO EXCEED $196,400 FOR PROFESSIONAL
SERVICES NECESSARY TO CRAFT THE PALM DESERT
SUSTAINABILITY PLAN, DEVELOPMENT AND DOCUMENTATION,
GREENHOUSE GAS/CARBON FOOTPRINT INVENTORIES, AND
ENERGY POLICY GUIDANCE IN ACCORDANCE WITH AB32
(CONTRACT NO. C27850).
Rec: By Minute Motion: 1) Approve the subject contract with EcoMotion,
Irvine, California, in an amount not to exceed $196,400 for
development and documentation, greenhouse gas/carbon footprint
inventories, and energy policy guidance in accordance with AB32;
2) authorize the Director of Finance to appropriate $57,000 from
Fiscal Year 2007-2008 unallocated funds in Account No. 110-4511-
442-3090 for the Energy Policy portion of said contract; 3) authorize
the Director of Finance to appropriate $15,000 from Fiscal Year
2008-2009 funds in Account No. 110-4511-442-3090 for the Energy
Conservation portion of said contract; 4) authorize the Director of
Finance to appropriate $62,000 from unallocated AB939 Recycle
Funds, Account No. 236-4195-454-3090 for the
Renewable/Recycle/Landfill Diversion portion of work in the subject
contract; 5) authorize the Director of Finance to appropriate
$62,400 from Fiscal Year 2007-2008 unallocated funds in Account
No. 110-4614-453-3091 for all other areas covered in the
Sustainability Plan.
Action:
N. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE 2008
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF PALM
DESERT ON TUESDAY, NOVEMBER 4.
Rec: Waive further reading and adopt: 1) Resolution No. 08-49, calling
and giving notice of the holding of a General Municipal Election to
be held on Tuesday, November 4, 2008, for the election of certain
officers as required by the provisions of the Laws of the State of
California and the Charter of the City of Palm Desert; 2) Resolution
No. 08-50, requesting the Board of Supervisors of the County of
Riverside to consolidate a General Municipal Election to be held on
Tuesday, November 4, 2008, with the Statewide General Election
to be held on the date pursuant to 10403 of the Elections Code; 3)
Resolution No 08-51, adopting regulations for candidates for
elective office pertaining to candidates' statements submitted to the
voters at an Election to be held on Tuesday, November 4, 2008.
Action:
13
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
O. REQUEST FOR AUTHORIZATION FOR STAFF TO BEGIN THE DESIGN
AND IMPROVEMENT FOR A PORTION OF THE RING ROAD AT THE
CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO- PALM
DESERT CAMPUS, PROVIDING FOR THE IMPROVEMENT OF THE
FULL-FOUR LANE ROAD (JOINT CONSIDERATION WITH THE PALM
DESERT REDEVELOPMENT AGENCY).
Rec: By Minute Motion, authorize staff to begin the design and
improvements for a portion of the ring road at the California State
University, San Bernardino - Palm Desert Campus, providing for
the improvement of the full-four lane road.
Action:
XV. CONTINUED BUSINESS
A. ORDINANCE NO. 1154A - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND
RESTATING CHAPTER 8.36 OF THE PALM DESERT MUNICIPAL
CODE RELATING TO SMOKING (Continued from the meeting of June
12, 2008).
Rec: By Minute Motion, remove Ordinance No. 1154A from all
consideration and refer instead to Section XIII - Ordinances For
Introduction Item B.
Action:
B. ORDINANCE NO. 1154 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM
DESERT MUNICIPAL CODE TITLE 8 REGARDING REGULATION OF
SECOND HAND SMOKE (Continued from the meeting of June 12, 2008).
Rec: By Minute Motion, withdraw Ordinance No. 1154 from the agenda
and from second reading, and refer instead to Section XIII -
Ordinances for Introduction Item B.
Action:
14
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
XVI. OLD 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.
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:
B. 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, receive and file the Update on the City of Palm
Desert, Palm Desert Redevelopment Agency, and Palm Desert
Housing Authority Strategic Objectives.
Action:
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT
AND ORDERING THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS WITHIN THE CONSOLIDATED PALM DESERT
LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2008-
2009 (Continued from the meeting of June 12, 2008).
Rec: Waive further reading and adopt: 1) Resolution No. 08-52,
amending and/or approving the Final Engineer's Report for the
Consolidated Palm Desert Landscaping and Lighting District for FY
2008-2009; 2) Resolution No. 08-53, ordering the levy and
collection of assessments within the Consolidated Palm Desert
Landscaping and Lighting District for FY 2008-2009.
Action:
15
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
B. REQUEST FOR APPROVAL OF THE ANNUAL BUDGET,
MANAGEMENT DISTRICT PLAN, AND ORDERING THE LEVY AND
COLLECTION OF ASSESSMENT FOR THE ALESSANDRO ALLEY
PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL
YEAR 2008-2009.
Rec: Waive further reading and adopt; 1) Resolution No. 08-54,
approving the Management District Plan for the Alessandro Alley
Property and Business Improvement District for FY 2008-2009; 2)
Resolution No. 08-55, ordering the levy and collection of
assessment for the Alessandro Alley Property and Business
Improvement District for FY 2008-2009.
Action:
C. REQUEST FOR APPROVAL OF THE ANNUAL BUDGET,
MANAGEMENT DISTRICT PLAN, AND ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR THE PRESIDENT'S PLAZA III
PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL
YEAR 2008-2009.
Rec: Waive further reading and adopt; 1) Resolution No. 08-56,
approving the Management District Plan for the President's Plaza III
Property and Business Improvement District for FY 2008-2009; 2)
Resolution No. 08-57, ordering the levy and collection of
assessments for the President's Plaza III Property and Business
Improvement District for FY 2008-2009.
Action:
D. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT
AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
FOR THE PALM DESERT DRAINAGE BASIN MAINTENANCE BENEFIT
ASSESSMENT DISTRICT NO. 1 FOR THE FISCAL YEAR 2008-2009.
Rec: Waive further reading and adopt; 1) Resolution No. 08-58,
amending and/or approving the Engineer's Report for the Palm
Desert Drainage Basin Maintenance Benefit Assessment District
No. 1 for FY 2008-2009; 2) Resolution No. 08-59, ordering the levy
and collection of assessments within the City of Palm Desert
Drainage Basin Maintenance Benefit Assessment District No. 1 for
FY 2008-2009, pursuant to the provisions of the Benefit
Assessment Act of 1982.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
E. REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT,
PRECISE PLAN OF DESIGN, CONDITIONAL USE PERMIT, AND A
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
TO ALLOW THE CONSTRUCTION OF A NEW THREE-STORY, 106-
ROOM, BOUTIQUE HOTEL AND TWO-STORY CONDOMINIUM UNIT,
INCLUDING SIXTEEN 3-BEDROOM LOCKOUT ROOMS (48 KEYS
MAXIMUM), TOTALING A MAXIMUM OF 154 UNITS/KEYS-PROJECT IS
LOCATED AT 45-400 LARKSPUR LANE (APNs 627-262-008 and 627-
262-011) Case Nos. DA 07-02, PP-07-11, and CUP 07-14, (Larkspur
Associates, LLC, and Palm Desert Redevelopment Agency, Applicants).
Rec: Waive further reading and: 1) Pass Ordinance No. 1158 to second
reading, approving Development Agreement 07-02; 2) adopt
Resolution No. 08-60, approving Precise Plan 07-11, Conditional
Use Permit No. 07-14, and a Mitigated Negative Declaration of
Environmental Impact as it relates to the project.
Action:
F. REQUEST FOR ADOPTION OF RESOLUTIONS OF THE CITY
COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY,
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND
WILLIAM DeLEEUW AND LARKSPUR ASSOCIATES, LLC (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Rec: 1) Open the joint public hearing and receive public testimony on
the subject request.
2) Waive further reading and adopt City Council Resolution
No.08-61, approving a Disposition and Development
Agreement (DDA) between the Palm Desert Redevelopment
Agency and William DeLeeuw and Larkspur Associates, LLC,
concerning real property owned by the Agency in the City of
Palm Desert and generally described as all of Lots 6 and 7, a
portion of Lot 1, and a portion of Lot 5 in Block Q of Palm
Desert Unit No. 1.
3) Waive further reading and adopt Redevelopment Agency
Resolution No. 548, approving a DDA among the Agency
and William DeLeeuw and Larkspur Associates, LLC,
concerning real property owned by the Agency in the City of
Palm Desert and generally located on the east side of
Larkspur Lane between Shadow Mountain Drive and El Paseo.
Action:
17
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
G. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT
FROM RESORT/HOTEL COMMERCIAL (C-R/H) TO PUBLIC/QUASI-
PUBLIC FACILITIES (PF); A CHANGE OF ZONE FROM PLANNED
RESIDENTIAL-5 (P.R.-5) TO PUBLIC INSTITUTION (P); A PRECISE
PLAN OF DESIGN AND A CONDITIONAL USE PERMIT TO ALLOW THE
CONSTRUCTION AND OPERATION OF A NEW 85,496 SQUARE FOOT
RIVERSIDE COUNTY SHERIFF STATION WITH A 20-FOOT BY 20-
FOOT ROOFTOP HELIPAD FOR EMERGENCY PURPOSES; AND
ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT,
PURSUANT TO SECTION 15074 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) - PROJECT SITE IS
LOCATED ON SOUTH SIDE OF GERALD FORD DRIVE, EAST OF
MONTEREY AVENUE AND WEST OF PORTOLA AVENUE AND
INCLUDES A 10-ACRES PORTION OF ASSESSOR'S PARCEL
NUMBER 653-740-001 (73-700 GERALD FORD DRIVE) Case Nos. GPA,
C/Z, and PP/CUP 08-10 (Palm Desert Redevelopment Agency and
County of Riverside - Department of Facilities Management, Applicants).
Rec: Waive further reading and:
1) Adopt Resolution No. 08-62, approving a General Plan
Amendment from Resort/Hotel Commercial (C-R/H) to
Public/Quasi-Public Facilities (PF).
2) Pass Ordinance No. 1159 to second reading, approving a
Change of Zone from Planned Residential-5 (P.R.-5) to
Public Institution (P).
3) Adopt Resolution No. 08-63, approving Precise
Plan/Conditional Use Permit 08-10 and a Mitigated Negative
Declaration of Environmental Impact as it relates to the
project.
Action:
18
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
H. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND
EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR THE
CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY,
AND PALM DESERT HOUSING AUTHORITY FOR FISCAL YEAR 2008-
2009 (JOINT CONSIDERATION WITHTHE PALM DESERT
REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING
AUTHORITY).
Rec: 1) Open the joint public hearing and receive testimony on the
subject request.
Waive further reading and adopt:
2) City Council Resolution No. 08-64, adopting a City Program
and Financial Plan for the Fiscal Year July 1, 2008, through
June 30, 2009.
3) City Council Resolution No. 08-65, establishing the
Appropriations Limit for FY 2008-2009.
4) Redevelopment Agency Resolution No. 549, adopting a
Redevelopment Agency Program and Financial Plan for the
Fiscal Year July 1, 2008, through June 30, 2009.
5) Housing Authority Resolution No. HA-37, adopting a
Housing Authority Program and Financial Plan for the Fiscal
Year July 1, 2008, through June 30, 2009.
6) City Council Resolution No. 08-66, setting the Salary
Schedule, Salary Ranges, and Allocated Classifications.
By Minute Motion:
7) Approve Out-of-State Travel as listed in the accompanying
staff report memo.
8) Approve the Administrative Plan for the Palm Desert
Housing Authority pertaining to the management and
operations of the affordable rental units.
Action:
19
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
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:
XIX. ADJOURNMENT
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 26, 2008
FUTURE MEETINGS:
July 1, 2008 8:30 a.m. Parks & Recreation Commission
Administrative Conference Room
6:00 p.m. Planning Commission
Civic Center Council Chamber
July 7, 2008 6:00 p.m. Youth Committee
Administrative Conference Room
July 8, 2008 12:00 p.m. Architectural Review Commission
Community Services Conference Rm
July 9, 2008 3:30 p.m. Housing Commission
North Wing Conference Room
3:30 p.m. Public Safety Commission
Administrative Conference Room
July 10, 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 72 hours prior to the meeting. Dated this 23rd day of June, 2008.
___________________________
Rachelle D. Klassen, City Clerk
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