HomeMy WebLinkAboutAGENDA 27 AUG 2009
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 27, 2009
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) Lease Property - Parkview Professional Office Complex
2) 73710 Fred Waring Drive, Suite No. 220, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Environmental Products and Applications, Inc.
Under Negotiation: x Price x Terms of Payment
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
2) Property: APNs 637-190-010, 637-190-011, 637-190-002, 637-
190-016, 637-020-006, 637-020-010, 637-020-011,
637-020-015, 637-020-017, 637-020-019, 637-190-
018, 637-190-021, 637-190-024, 637-190-027, and
637-081-020
Negotiating Parties:
Agency: Justin McCarthy/City of Palm Desert/Palm Desert
Redevelopment Agency
Property Owner: PDCC Development LLC
Other Parties:
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) PDCC Development LLC, Petition for Bankruptcy, United States
Bankruptcy Court, Central District of California
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Conference with Legal Counsel regarding significant potential to initiate
litigation pursuant to Government Code Section 64956.9(c):
Number of potential cases: 4
Public Employment pursuant to Government Code Section 54957:
Title of Position: City Manager
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 Cindy Finerty
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
VIII. ORAL COMMUNICATIONS – B
Any person wishing to discuss any item not scheduled for public hearing may address
the City Council, Redevelopment Agency, Housing Authority of Financing 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, Housing Authority, or
Financing Authority Boards. Because the Brown Act does not allow the City council,
Redevelopment Agency, Housing Authority or Financing 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, 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, (760) 346-0611.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. INTRODUCTION OF THE PALM DESERT FIRE DEPARTMENT’S NEW
BATTALION CHIEF, BILL HENLEY
Action:
B. REQUEST FOR APPROVAL OF A RECOMMENDATION FOR THE CITY
OF PALM SPRINGS CITY COUNCIL TO REAPPOINT ROLF HOEHN AS
THE CITY OF PALM DESERT'S REPRESENTATIVE TO THE PALM
SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR A THREE-
YEAR TERM, JULY 2009-JUNE 2012.
Rec: By Minute Motion, recommend Rolf Hoehn be reappointed as the
City of Palm Desert's Representative to the Palm Springs
International Airport Commission for a three-year term, July 1,
2009, through June 30, 2012.
Action:
3
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
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 9, July 23, and
August 13, 2009.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 299, 1, 5, 9, 10, 14, 17, 18, 21, 25, 26, 29, 32, 33, 35, 38, 39, 42, 47,
and 49.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#646) by LMI Co., LLC, Royce International
Investment Company, Severin & Company LLC, and Palm Desert Villa
Portofino I, LLC, In Excess of $100 Million.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimants.
D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of April 2009 and May 2009 (Joint Consideration with the Palm Desert
Redevelopment Agency).
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Emerald Golf
& RV Resort, 76-000 Frank Sinatra Drive, Palm Desert
Rec: Receive and file.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Hood,
73-850 Highway 111, Suite A, Palm Desert.
Rec: Receive and file.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
G. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Audit, Investment & Finance Committee Meetings of April 28 and
May 26, 2009.
2. Library Promotion Committee Meeting of March 18, 2009.
3. Parks & Recreation Commission Meeting of June 2, 2009.
Rec: Receive and file.
H. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Disposal - Miscellaneous Office and Electronic Equipment.
Rec: By Minute Motion, declare the items listed on the accompanying
staff report's Exhibit A as surplus property and authorize disposal
as appropriate.
I. REQUEST FOR APPROVAL of the Purchase of Disaster Recovery
Solution Software from SunGard Public Sector.
Rec: By Minute Motion, approve the purchase of Disaster Recovery
Solution from SunGard Public Sector in the amount of $5,000 start-
up fee and $1,300 monthly charge - funds are available in Account
No. 110-4190-415-3360.
J. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No.
C29050 - Tenant Improvements at the Parkview Professional Office
Complex, 73-710 Fred Waring Drive, Suite No. 102.
Rec: By Minute Motion, approve Change Order No. 1 in the amount of
$3,487.18 to the subject contract with Woodburn Construction,
Arcadia, California, to refurbish Tenant Improvements at the State
of California Department of Rehabilitation, Suite No. 102 at the
Parkview Office Complex, and appropriate said funds from Fund
510 for this purpose.
K. REQUEST FOR AUTHORIZATION for the Mayor to Execute the Bill of
Sale and Declaration Document for Coachella Valley Water District for
Water and Sewer Facilities Constructed in Association with the Section 29
Assessment District 2004-02 (Project No. 627-05).
Rec: By Minute Motion, authorize the Mayor to execute the Bill of Sale
and Declaration Document for Coachella Valley Water District for
Water and Sewer Facilities constructed in association with the
Section 29 Assessment District 2004-02.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
L. REQUEST FOR AUTHORIZATION for Staff to Use the PM10 Deposit
from WL Homes, LLC, to Stabilize the Project Site for Tract Map No.
34626 (The Campus).
Rec: By Minute Motion, authorize staff to use the PM10 Deposit from WL
Homes, LLC, to stabilize the project site for Tract Map No. 34626
(The Campus).
M. REQUEST FOR AUTHORIZATION to Release Improvement Security for
Sacred Heart Church and Accept a One-year Maintenance Bond Case
No. CUP 04-13 (Sacred Heart Church and Orr Builders, Applicants).
Rec: By Minute Motion, release the improvement security posted for
Sacred Heart Church for Case No. CUP 04-13 and accept a one-
year maintenance bond in its place.
N. REQUEST FOR AUTHORIZATION to Release Performance Security for
Segovia of Palm Desert, LLC, Case No. PP 07-15 (Segovia of Palm
Desert, LLC, Applicant).
Rec: By Minute Motion, release performance security for Segovia of
Palm Desert, LLC, for Case No. PP 07-15.
O. REQUEST FOR APPROVAL of the Possession and Consumption of Wine
in Connection with Art Exhibition Receptions to be held in the Palm Desert
Community Gallery of the Palm Desert Visitor Center Between October
2009 and June 2010.
Rec: By Minute Motion, permit the possession, serving, and consumption
of wine in connection with the opening receptions for art exhibitions
to be held in the Palm Desert Community Gallery of the Palm
Desert Visitor Center: October 19, 2009 - "Beloved Desert -
Golden Oasis and Desert Sandscapes;" December 7, 2009 -
Coachella Valley Watercolor Society; February 1, 2010 -
"Desertscapes;" and June 7, 2010 - "Walking Tall."
P. REQUEST FOR APPROVAL of Beer Concession for the Palm Desert Golf
Cart Parade on October 25, 2009.
Rec: By Minute Motion, permit the sale, possession, and consumption of
alcoholic beverages on City-owned property in connection with a
special event, the Palm Desert Golf Cart Parade, scheduled to be
held on October 25, 2009.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Q. REQUEST FOR AUTHORIZATION of Out-of-State Travel for Risk
Manager to be Presenter at Oregon Chapter Risk and Insurance
Management Society September Meeting, Portland, Oregon.
Rec: By Minute Motion, authorize the Risk Manager to travel to Portland,
Oregon, as an invited speaker for the Risk and Insurance
Management Society (RIMS) Oregon Chapter Meeting on
September 17, 2009, in an amount not to exceed $330 - funds are
available in Account No. 110-4260-422-3120.
R. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU)
Between the Joslyn Senior Center and City of Palm Desert as it relates to
the Maintenance of the Center's Lawn Bowling Green (Contract No.
C29180).
Rec: By Minute Motion: 1) Approve a Memorandum of Understanding
(MOU) Between the Joslyn Senior Center and the City of Palm
Desert as it relates to the Maintenance of the Center's Lawn
Bowling Green; 2) Authorize the Mayor to execute the finalized
agreement, substantially as to form; 3) Allocate $10,000 from the
unobligated General Fund Reserves.
S. INFORMATIONAL ITEMS TO RECEIVE AND FILE:
1. Report of Media Placements and Public Relations Activities by
Nancy J. Friedman Public Relations.
2. Report Regarding the Complete Count Committee.
Action:
XI. CONSENT ITEMS HELD OVER
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
XII. RESOLUTIONS
A. RESOLUTION NO. 09-59 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL
YEAR 2008-2009 BUDGET AMENDMENT TO PROVIDE TRANSFER,
APPROPRIATION, AND ESTIMATED REVENUES OF UNOBLIGATED
FUNDS FROM THE GAS TAX, FIRE TAX, PUBLIC SAFETY POLICE
GRANT, COMMUNITY DEVELOPMENT BLOCK GRANT, PARKVIEW
OFFICE COMPLEX, CITY-WIDE BUSINESS PROMOTION, AND THE
GENERAL FUND.
Rec: Waive further reading and adopt.
Action:
B. RESOLUTION NO. 09-60 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION
NO. 07-80 AS IT RELATES TO THE BUILDING & SAFETY FEE
SCHEDULE FOR NATURAL GAS POOL HEATER REPLACEMENT
PERMITS.
Rec: Waive further reading and adopt.
Action:
C. RESOLUTION NO. 09-61 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AS LEGISLATIVE BODY
OF THE CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT
NO. 2005-1 (UNIVERSITY PARK), DECLARING ITS INTENTION TO
REMOVE CERTAIN DELINQUENT SPECIAL TAXES FROM THE
COUNTY TAX ROLL AND ORDERING JUDICIAL FORECLOSURE
PROCEEDINGS AGAINST CERTAIN DELINQUENT PROPERTY
WITHIN THE COMMUNITY FACILITIES DISTRICT.
Rec: Waive further reading and adopt.
Action:
D. RESOLUTION NO. 09-62 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, DECLARING AND
PROVIDING FOR THE DISPOSITION OF SURPLUS IN THE
IMPROVEMENT FUND IN CONNECTION WITH THE CITY OF PALM
DESERT HIGHLANDS UNDERGROUNDING DISTRICT NO. 04-01.
Rec: Waive further reading and adopt.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
XIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1191 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 5.08 -
DECEPTIVE TRADE PRACTICES AND "GOING OUT OF BUSINESS"
SALES TO THE PALM DESERT MUNICIPAL CODE.
Rec: Waive further reading and adopt.
Action:
B. ORDINANCE NO. 1192 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING
ORDINANCE AMENDMENT, ADDING CLARIFYING LANGUAGE TO
SECTION 25.112 OF THE PALM DESERT MUNICIPAL CODE -
EXCEPTIONS BASED ON UNCONSTITUTIONAL TAKINGS Case No.
ZOA 09-253 (City of Palm Desert, Applicant).
Rec: Waive further reading and adopt.
Action:
XIV. NEW BUSINESS
A. REQUEST FOR CITY COUNCIL REVIEW OF AN ARCHITECTURAL
REVIEW COMMISSION ACTION, DENYING A REQUEST TO PARK A
RECREATIONAL VEHICLE IN THE FRONT YARD LOCATED AT 42-870
VIRGINIA AVENUE (Linda Recupero, Applicant).
Rec: By Minute Motion, reaffirm the action of the Architectural Review
Commission and deny the request to park a recreational vehicle in
the front yard of a single-family residence located at 42-870 Virginia
Avenue behind a wrought iron fence.
Action:
9
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
B. REQUEST FOR AUTHORIZATION OF THE ANNUAL PURCHASE OF
GRASS SEED FOR CITY PARKS AND DESERT WILLOW GOLF
COURSE.
Rec: By Minute Motion, authorize the purchase of 262,800 pounds of
grass seed from Crop Production Services Inc., La Quinta,
California, in the amount of $196,151.29 (including tax, shipping
and handling) - funds are available in Account Nos. 110-4610-453-
2190 ($7,750.93), 110-4611-453-2190 ($7,750.94), and 110-4611-
453-3371 ($10,000), for the City's portion of seed in the amount of
$25,501.87, with the balance to be funded by Desert Willow in the
amount of $170,649.42 from Account Nos. 80710-5600-100 and
80710-5600-105.
Action:
C. REQUEST FOR ADOPTION OF RESOLUTIONS OF THE CITY
COUNCIL AND REDEVELOPMENT AGENCY REGARDING FUNDING
OF PHASE 2 LOANS FOR THE CITY OF PALM DESERT ENERGY
INDEPENDENCE PROGRAM (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY).
Rec: Waive further reading and adopt: 1) City Council Resolution No.
09-63, providing for the issuance and sale of Limited Obligation
Improvement Bonds in principal amount not to exceed $1,500,000,
approving as to form and authorizing the execution and delivery of
a Bond Purchase Agreement in connection therewith, and
authorizing certain other matters relating thereto; 2)
Redevelopment Agency Resolution No. 562, authorizing the
Redevelopment Agency's investment in and purchase of the City of
Palm Desert's Energy Independence Program, Limited Obligation
Improvement Bonds, Series 2009B (Taxable), approving as to form
and authorizing the execution and delivery of a Bond Purchase
Agreement in connection therewith, and authorizing certain other
matters relating thereto.
Action:
10
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
D. REQUEST FOR AUTHORIZATION TO PROVIDE FOR A SAFEKEEPING
SET-ASIDE FUND FOR THE PALM DESERT FINANCING
AUTHORITY'S ENERGY INDEPENDENCE PROGRAM VARIABLE RATE
DEMAND LEASE REVENUE BONDS, SERIES 2009 (FEDERALLY
TAXABLE), IN CONNECTION WITH DEVELOPER CLAIM AGAINST THE
CITY, AND APPROVAL OF RELATED DOCUMENTS (JOINT
CONSIDERATION WITH THE PALM DESERT FINANCIAL
AUTHORITY).
Rec: Waive further reading and adopt: 1) Financing Authority Resolution
No. FA-65, supplementing Resolution No. FA-63 to provide for a
Safekeeping Set-aside Fund for its Energy Independence Program,
Variable Rate Demand Lease Revenue Bonds, Series 2009, in
connection with developer claim against City; approving related
changes to certain documents in connection therewith; and
authorizing certain other matters relating thereto; 2) City Council
Resolution No. 09-64, supplementing Resolution No. 09-53 to
provide for a Safekeeping Set-aside Fund for the Palm Desert
Financing Authority's Energy Independence Program, Variable
Rate Demand Lease Revenue Bonds, Series 2009; approving
related changes to certain documents in connection therewith, and
authorizing certain other matters relating thereto.
Action:
E. REQUEST FOR APPROVAL OF THE DESERT RECREATION
DISTRICT'S REQUEST TO ADJUST FEES ASSOCIATED WITH THE
CITY OF PALM DESERT'S FACILITIES.
Rec: By Minute Motion, approve the Desert Recreation District's request
to adjust fees associated with the City of Palm Desert's Facilities,
as illustrated on the accompanying staff report exhibit.
Action:
F. REQUEST FOR AUTHORIZATION OF THE DESERT RECREATION
DISTRICT "DESERT ROCK" CONCERT SERIES IN THE PALM DESERT
CIVIC CENTER PARK AMPHITHEATER.
Rec: By Minute Motion: 1) Authorize the Desert Recreation District to
hold its 4th Annual "Desert Rock" Concert Series in the Palm
Desert Civic Center Park Amphitheater; 2) authorize Desert
Recreation District to provide food vendors at the event; 3) approve
contribution of Sheriff's Department Services in the amount of
$1,059.04.
Action:
11
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
G. REQUEST FOR DIRECTION ON WAIVING THE THREE-YEAR
PAVEMENT EXCAVATION MORATORIUM TO ALLOW THE GAS
COMPANY TO PERFORM NON-EMERGENCY EXCAVATION ON
PITAHAYA STREET.
Rec: By Minute Motion, provide staff with direction regarding waiver of
the three-year pavement excavation moratorium to allow The Gas
Company to perform non-emergency excavation on Pitahaya
Street.
Action:
H. REQUEST FOR APPROVAL OF THE CITY OF PALM DESERT 2009
CONCERT AND MOVIE SCHEDULE.
Rec: By Minute Motion: 1) Approve attached schedule for the 2009
"Music & Movie Madness" Series; 2) approve expenditure in the
amount of $8,500 with Studio Instrument Rentals, Palm Springs,
California, for concert professional staff, sound, and lighting; 3)
approve expenditure for professional services in the amount of
$7,400 with Live Oak Multi Media, Indio, California, for production
of movies; 4) authorize Mayor to execute the following contracts, as
presented: a) Navy Band Southwest Wind Ensemble - Contract
No. C29190A - $500; b) Chris Compton Live - Contract No.
C29190B - $2,300; c) Jim Little (Boys & Girls Club Swing/Jazz
Band) - Contract No. C29190C - $500; d) Vince Verdi (Side Street
Strutters) - Contract No. C29190D - $7,000 - total cost for the
series $26,200, with funds available in Account No. 110-4416-414-
3061, no appropriation is needed.
Action:
XV. CONTINUED BUSINESS
A. REQUEST FOR AUTHORIZATION FOR STAFF TO PURCHASE
REPLACEMENT CHINA AND SERVICEWARE FOR DESERT WILLOW
GOLF RESORT (Continued from the meeting of June 25, 2009).
Rec: By Minute Motion, continue this item to the meeting of September
10, 2009.
Action:
12
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
B. ORDINANCE NO. 1188 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 15.06
- ENERGY CODE - TO THE PALM DESERT MUNICIPAL CODE AND
REPEALING TITLE 24, SECTION 24.30 - ENERGY EFFICIENCY
STANDARDS (Continued from the meeting of July 9, 2009).
Rec: By Minute Motion, continue second reading of Ordinance No. 1188
to a date uncertain, delaying the effective day of adoption of the
2008 California Energy Code from August 1, 2009, to January 1,
2010.
Action:
C. REQUEST FOR AUTHORIZATION TO DEVELOP AND ISSUE AN RFP
(REQUEST FOR PROPOSALS) FOR WEBSITE CONSULTANT AND TO
CONTINUE CURRENT CONTRACT WITH KIMBERLY CORAK ON A
MONTH-TO-MONTH BASIS IN THE INTERIM (CONTRACT NO. C29090)
(Continued from the meeting of July 9, 2009).
Rec: By Minute Motion: 1) Authorize staff to develop and issue an RFP
for website consultant; 2) approve extension of the current contract
with Kimerly Corak for website/online development and interactive
services on a month-to-month basis until a new contract is signed.
Action:
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT
WITH COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES
FOR ONGOING ANIMAL CONTROL FIELD SERVICES (CONTRACT
NO. C24202).
Rec: By Minute Motion: 1) Approve Amendment No. 1 to the subject
contract with County of Riverside Animal Services in an amount not
to exceed $7,992.44 for ongoing Animal Control Field Services; 2)
authorize the Mayor to execute same - funds are available in
Account No. 110-4230-442-3090 for expenses incurred during FY
2008-2009 and will be expended therefrom.
Action:
13
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
B. REQUEST FOR APPROVAL OF THE SECOND AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN COUNTY OF
RIVERSIDE DEPARTMENT OF ANIMAL SERVICES AND THE CITY OF
PALM DESERT FOR ANIMAL CONTROL FIELD SERVICES AND
APPROPRIATION OF ADDITIONAL FUNDING RELATED THERETO
(CONTRACT NO. C24202).
Rec: By Minute Motion: 1) Approve the Second Amendment to the
subject MOU between County of Riverside Department of Animal
Services and the City of Palm Desert for Animal Control Field
Services - term of MOU is July 1, 2007, to June 30, 2012; 2)
authorize the Mayor to execute same; 3) appropriate $20,583.70
from Unallocated General Fund Reserves to Account No. 110-
4230-442-3090 for this purpose - estimated cost of $119,077 for FY
2009-2010, with 10% contingency ($11,907.70) to address
overtime and mileage estimates, for a total amount not to exceed
$130,984.70.
Action:
C. REQUEST FOR AWARD OF CONTRACT TO VARIABLE SPEED
SOLUTIONS, INC., FOR THE DESERT WILLOW IRRIGATION PUMP
STATION FILTRATION SYSTEM PROJECT (CONTRACT NO. C28790).
Rec: By Minute Motion: 1) Authorize award of the subject contract in the
amount of $171,910 to Variable Speed Solutions, Inc., Huntington
Beach, California, for the recycle water filtration system upgrade at
Desert Willow Golf Resort and authorize the Mayor to execute
same; 2) authorize the Director of Finance to set aside the amount
of $17,191 as 10% contingency for the project (use of contingency
requires additional action) - funds are available in Account No. 241-
4195-495-8092.
Action:
D. REQUEST FOR APPROVAL OF CONTRACT BETWEEN THE CITY OF
PALM DESERT AND BEST, BEST & KRIEGER, LLP, FOR CITY
ATTORNEY COUNSEL SERVICES (CONTRACT NO. C28880).
Rec: By Minute Motion: 1) Approve the subject contract between the
City of Palm Desert and Best, Best & Krieger, LLP, for Legal
Services, substantially as to form - funds are available in the FY
2009-2010 Budget for City Attorney Services; 2) authorize the City
Manager to finalize the agreement with Best, Best & Krieger,
substantially as to form; 3) authorize the Mayor to execute the
finalized agreement.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Action:
E. REQUEST FOR APPROVAL OF AGREEMENT FOR LEGAL SERVICES
BY AND AMONG THE PALM DESERT REDEVELOPMENT AGENCY,
THE CITY OF PALM DESERT, AND RICHARDS, WATSON & GERSHON
(CONTRACT NO. R28880) (JOINT CONSIDERATION WITH THE PALM
DESERT REDEVELOPMENT AGENCY).
Rec: By Minute Motion: 1) Approve the subject contract for Legal
Services to the Palm Desert Redevelopment Agency, the Palm
Desert Housing Authority, and the City of Palm Desert with
Richards, Watson & Gershon; 2) authorize the City
Manager/Executive Director to finalize the agreement with
Richards, Watson & Gershon, substantially as to form; 3) authorize
the Mayor/Chairman to execute the finalized agreement.
Action:
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT
UPDATING AND REVISING PALM DESERT MUNICIPAL CODE
SECTION 25.68 - SIGNS Case No. ZOA 09-104 (City of Palm Desert,
Applicant) (Continued from the meeting of June 25, 2009).
Rec: Waive further reading and pass Ordinance No. 1190 to second
reading, approving ZOA 09-104.
Action:
B. REQUEST FOR APPROVAL OF AMENDMENT TO RESOLUTION NO.
06-69, REMOVING DEPARTMENT OF COMMUNITY
DEVELOPMENT/PLANNING CONDITION NUMBER 11, REQUIRING
THE THREE SERVICE BAY DOORS FACING CABRILLO AVENUE TO
BE CLOSED AT ALL TIMES AND ONLY OPENED WHEN VEHICLES
ARE EXITING THE FACILITY - PROPERTY LOCATED AT 74-180
HIGHWAY 111 Case No. PP/CUP 05-05 and VAR 05-04 Amendment #1
(Fastlane Oil Change/Chris Jones, Applicant).
Rec: By Minute Motion, continue this public hearing to the meeting of
September 10, 2009.
Action:
15
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
C. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S
DECISION TO REVOKE AN EXISTING CONDITIONAL USE PERMIT
(CUP) FOR A MASSAGE THERAPY ESTABLISHMENT IN A 685
SQUARE-FOOT OFFICE SUITE LOCATED AT 74-350 ALESSANDRO
DRIVE, SUITE B-4 Case No. CUP 07-02 (Xiang Li, Business Owner;
Shah Family Trust, Property Owner).
Rec: By Minute Motion, deny the appeal and reaffirm the Planning
Commission's decision to revoke existing CUP 07-02 for a
massage establishment in an office suite located at 74-350
Alessandro Drive, Suite B-4.
Action:
D. CONSIDERATION OF A RECOMMENDATION BY THE PLANNING
COMMISSION TO IMMEDIATELY IMPOSE A 45-DAY INTERIM
MORATORIUM ON ISSUANCE OF CONDITIONAL USE PERMITS TO
INDEPENDENT MASSAGE ESTABLISHMENTS UNDER THE CITY'S
MASSAGE ORDINANCE (P.D.M.C. CHAPTER 5.87) WHILE OPTIONS
FOR LONG-TERM REGULATORY STRATEGY ARE STUDIED.
Rec: Waive further reading and adopt Urgency Ordinance No. 1193 by
four-fifths vote, imposing a 45-day interim moratorium on issuance
of conditional use permits for any independent massage
establishments while the City's Massage Ordinance (P.D.M.C.
Chapter 5.87) is studied and potentially amended.
Action:
E. CONSIDERATION OF A RECOMMENDATION BY THE
ARCHITECTURAL REVIEW COMMISSION TO IMMEDIATELY IMPOSE
A 45-DAY MORATORIUM ON REQUESTS FOR APPROVAL TO PARK
RECREATIONAL VEHICLES ON PRIVATE PROPERTY UNTIL THE
CITY'S RECREATIONAL VEHICLE ORDINANCE (P.D.M.C. CHAPTER
8.40) HAS BEEN AMENDED.
Rec: 1) Waive further reading and adopt Urgency Ordinance No. 1194
by four-fifths vote, imposing a 45-day moratorium on the requests
for approval to park recreational vehicles (RVs) on private property
until the City's Recreational Vehicle Ordinance (P.D.M.C. Chapter
8.40) has been amended.
2) By Minute Motion, appoint a member of the City Council to work with
staff and the Architectural Review Commission on revising the
current Code - upon Architectural Review Commission approval, a
revised draft ordinance will be brought forward to the City Council
for final review and approval.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
Action:
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Report on City Reorganization Plan.
Rec: Receive and file.
Action:
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
FUTURE MEETINGS:
September 1, 2009 8:30 a.m. Parks & Recreation Commission
Administrative Conference Room
6:00 p.m. Planning Commission
Civic Center Council Chamber
September 7, 2009 6:00 p.m. LABOR DAY HOLIDAY –
Youth Committee will adjourn to
September 11, 2009, 5:00 p.m.
September 8, 2009 12:00 p.m. Architectural Review Commission
Community Services Conference
Room
September 9, 2009 3:30 p.m. Housing Commission
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009
North Wing Conference Room
3:30 p.m. Public Safety Commission
Administrative Conference Room
September 10, 2009 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 21stday of August, 2009.
___________________________
Rachelle D. Klassen, City Clerk
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