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Home My WebLink AboutAGENDA 23 OCT 2008 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 23, 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 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: 2 Public Employment pursuant to Government Code Section 54957: Title of Position: City Attorney V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE – Councilman Jim Ferguson POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 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. 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 OF ANNUAL "MINI-MUSTER" RECOGNITION AND ARTWORK AWARD CERTIFICATES. Action: B. APPOINTMENT TO THE PALM DESERT RENT REVIEW COMMISSION. Rec: Subject to interview to be conducted Tuesday, October 21, 2008, by Minute Motion, make appointment to the Rent Review Commission to the vacancy in the term of former member David Fisher (December 31, 2011). Action: C. APPOINTMENT OF CITY OF PALM DESERT REPRESENTATIVE TO THE IMPERIAL IRRIGATION DISTRICT (IID) ENERGY CONSUMER'S ADVISORY COMMITTEE. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 Rec: By Minute Motion, appoint City of Palm Desert Director of the Office of Energy Management Patrick Conlon to serve as a representative on the IID Advisory Committee. Action: D. PRESENTATION BY OFFICIALS OF COACHELLA VALLEY WATER DISTRICT REGARDING ITS TIERED RATES PROPOSAL. Rec: Presentation to be made at the meeting. 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 October 9, 2008. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 84, 88, 90, 93, 94, and 99. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by ARCO AM/PM #82962, 74-950 Gerald Ford Drive, Palm Desert. Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 1. Parks & Recreation Commission Meetings of September 2, 2008, and September 16, 2008. 2. Youth Committee Meeting of September 6, 2008. Rec: Receive and file. E. RESIGNATION of Walter Pruter - Building Board of Appeals & Condemnation. Rec: Receive with very sincere regret. F. LETTER OF RESIGNATION of Dr. Joyce Wade-Maltais - Rent Review Commission. Rec: Receive with very sincere regret. G. RESIGNATION of Anna Miller - Youth Committee Rec: Receive with very sincere regret. H. REQUEST FOR ADOPTION of Resolutions that Set Forth Findings and Authorize the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged for the Months of May 2008, June 2008, and July 2008. Rec: Waive further reading and adopt: 1) Resolution No. 08-94 - Re- scanned May 2008 Records; 2) Resolution No. 08-95 - June 2008 Records; 3) Resolution No. 08-96 - July 2008 Records. I. REQUEST FOR DECLARATION of Surplus Property and Authorization for Appropriate Disposal - Miscellaneous Computer, Office, and Electronic Equipment. Rec: By Minute Motion, declare items listed on the accompanying staff report Exhibit "A" as surplus property and authorize disposal as deemed appropriate. J. REQUEST FOR DECLARATION of Surplus Property for Furnishings and Miscellaneous Items from Offices in the Public Works Department and Authorization for Donation to Charitable Organizations. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 Rec: By Minute Motion: 1) Declare furnishings and miscellaneous items from offices in the Public Works Department, as described in the accompanying staff report's Exhibit "A," as surplus property; 2) authorize staff to donate the items to Shelter From the Storm and other on-profit organizations within the Coachella Valley. K. REQUEST FOR APPROVAL of Vendors for Use in Programs and Projects Assigned to the Community Services Division in Fiscal Years 2008-2009 and 2009-2010. Rec: By Minute Motion, identify, approve, and authorize Community Services Division staff to use vendors named in the accompanying staff report's attached list for Fiscal Years 2008-2009 and 2009- 2010. L. REQUEST FOR AWARD OF CONTRACT to Adept Communications for the City-wide Replacement of Data Network Cabling (Contract No. C28270). Rec: By Minute Motion: 1) Award the subject contract to Adept Communications, La Quinta, California, in the amount of $49,934.81 to replace the data network cabling in City Hall, Visitor Center, Energy Management, and Corporation Yard Buildings/Offices; 2) authorize a 10% contingency for the project in the amount of $5,000; 3) authorize the Mayor to execute the contract - funds are available in Account No. 110-4190-415-4040. M. REQUEST FOR APPROVAL of Professional Services Agreement with Stephen R. Smith for Consultant Services on the Westfield Shoppingtown Palm Desert Expansion (Contract No. C28280). Rec: By Minute Motion, approve: 1) Professional Services Agreement with Stephen R. Smith, Palm Springs, California, in the amount of $24,000 for professional planning services in order to expedite the Westfield Shoppingtown Palm Desert Expansion; 2) appropriation of $24,000 from Unobligated Funds to Account No. 110-4470-412- 3090 and increase estimated General Fund Revenues in the amount of $24,000 for this project. N. REQUEST FOR RATIFICATION of the City Manager's Authorization of Extra Work and for Approval of Change Order Nos. 1 and 2 to Contract No. C27470 - 2008 Citywide Restriping Project (Project No. 564-08). Rec: By Minute Motion: 1) Ratify the City Manager's authorization of extra work on the 2008 Citywide Restriping Project and approve 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 Change Order No. 1 in the amount of $5,500 and Change Order No. 2 in the amount of $8,250 to the subject contract with J.P. Striping, Beaumont, California; 2) authorize the transfer of $13,750 from contingency to base for said contract; 3) authorize the Mayor to execute Change Order Nos. 1 and 2. O. REQUEST FOR AUTHORIZATION of the Construction of Turn-outs on the Mike Schuler Trail Within the City of Palm Desert. Rec: By Minute Motion, authorize construction of approximately 10 turnouts on the Mike Schuler Trail within the City of Palm Desert to be funded by the City of Rancho Mirage in an amount not to exceed $21,000. P. REQUEST FOR ACCEPTANCE OF BID from Papillon Graphics for Printing of the 2009 City of Palm Desert Community Calendar (Contract No. C28290). Rec: By Minute Motion: 1) Accept the bid from Papillon Graphics, Palm Desert, California, for printing of the 2009 Community Calendar in the amount of $25,995; 2) authorize the Mayor to execute same - funds are available in Account No. 110-4417-414-3091. Q. REQUEST FOR APPROVAL of Donation in the Amount of $25,000 to Support College of the Desert's 50th Anniversary Fundraiser. Rec: By Minute Motion: 1) Authorize support for College of the Desert's 50th Anniversary Fundraiser with a City donation in the amount of $25,000; 2) appropriate $25,000 from the Unobligated General Fund for same. R. REQUEST FOR APPROVAL of a Waiver to the City of Palm Desert Sound Ordinance for Activities Associated with the 2008 Art of Food & Wine Festival, November 6-9, 2008. Rec: By Minute Motion, approve a waiver of the sound amplification curfews for activities associated with the 2008 Art of Food & Wine Festival. S. INFORMATIONAL REPORT on Recently Passed SB 375 Relative to a New Greenhouse Gas Reduction Law Requiring Significant Changes to Local Planning Processes and Imposing New Affordable Housing Mandates. Rec: Receive and file. 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. CONSIDERATION OF ORDINANCES RELATED TO NOISE DISTURBANCES AND MULTIPLE RESPONSES TO LOUD OR UNRULY PARTIES AND GATHERINGS. Rec: Waive further reading and: 1) Adopt Urgency Ordinance No. 1169, amending Chapter 9.24 - Noise Control of the Palm Desert Municipal Code; 2) pass Ordinance No. 1170 to second reading, amending Chapter 9.24 of the Palm Desert Municipal Code; 3) adopt Urgency Ordinance No. 1171, adding Chapter 9.25 to the Palm Desert Municipal Code, regarding multiple responses to loud or unruly parties, gatherings, or other similar events; 4) pass Ordinance No. 1172 to second reading, adding Chapter 9.25 to the Palm Desert Municipal Code, regarding multiple responses to loud or unruly parties, gatherings, or other similar events. Action: B. REQUEST FOR APPROVAL OF INVESTMENT BY THE PALM DESERT REDEVELOPMENT AGENCY IN LIMITED OBLIGATION BONDS ISSUED BY THE CITY OF PALM DESERT RELATIVE TO THE CITY'S ENERGY INDEPENDENCE PROGRAM (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 1) Authorize the Agency Treasurer to invest lawfully available Agency funds in limited obligation improvement bonds, which may be issued by the City and secured by and payable from contractual assessments related to the City's Energy Independence Program. 2) Direct staff to cause the preparation of documentation necessary for the City Council to consider the issuance of limited obligation improvement bonds secured by and payable from contractual assessments related to the City's Energy Independence Program. 3) Authorize the City Manager and/or Executive Director to have necessary resolutions and documents prepared for consideration by the City Council and/or Agency Board for said purposes. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A NEW, FOUR-STORY, 128-ROOM HOLIDAY INN HOTEL THAT WILL BE LEED CERTIFIED WITH SILVER RATING, INCLUDING A HEIGHT EXCEPTION TO ALLOW A MAXIMUM HEIGHT OF 54 FEET - PROJECT TO BE LOCATED AT 36-400 TECHNOLOGY DRIVE Case No. PP/CUP 08-251 (Prest Vuksic Architects, Applicant). Rec: Waive further reading and adopt Resolution No. 08-97, approving Case No. PP/CUP 08-251, subject to conditions attached. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Report on Tract Map No. 32498 - University Pointe (Palm Desert Partners, L.P., Applicant). 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 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2008 FUTURE MEETINGS: October 28, 2008 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 10:00 a.m. Historic Preservation Committee -CANCELED- 12:00 p.m. Architectural Review Commission Community Services Conference Room October 29, 2008 2:30 p.m. Art in Public Places Cmssn. (Adj from 10/15) Visitor Center – 72567 Highway 111 November 3, 2008 6:00 p.m. Youth Committee Administrative Conference Room November 4, 2008 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission -CANCELED- November 11, 2008* 12:00 p.m. Architectural Review Commission *Veteran’s Day – Meeting to be Rescheduled November 12, 2008 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room November 13, 2008 3:00 p.m. Regular City Council/RDA Meetings Will be adjourned to November 20, 2008 November 17, 2008 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room November 18, 2008 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 November 19, 2008 9:00 a.m. Art in Public Places Commission Visitor Center – 72567 Highway 111 11:30 a.m. Landscape Beautification Committee Public Works Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room November 20, 2008 3:00 p.m. Adj. Reg. City Council/RDA Mtgs. 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 17 day of October, 2008. ___________________________ Rachelle D. Klassen, City Clerk 10