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HomeMy WebLinkAboutAGENDA 26 MAR 2009 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 26, 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) Property: APN 627-074-012 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: David and Irene E. Yaghoubian Under Negotiation: x Price x Terms of Payment 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. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2009 VI. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson VII. INVOCATION - Mayor Pro Tem Cindy Finerty 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., 73-510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING APRIL 2009 AS "NATIONAL CHILD ABUSE PREVENTION MONTH" IN THE CITY OF PALM DESERT. Action: B. APPOINTMENT TO THE ART IN PUBLIC PLACES COMMISSION Rec: By Minute Motion, appoint Donna Jean Darby to the Art in Public Places Commission to fill the vacancy created by the resignation of Kevin Grochau on this agenda (term 12/31/09). Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 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 Meeting of March 12, 2009. Rec: Approve as presented. B. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by La Veranda European Bistro, 73-075 Highway 111, Palm Desert. Rec: Receive and file. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Native Foods, 73-890 El Paseo, #R8, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Shadow Mountain Resort & Club, 45-750 San Luis Rey, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Tilted Kilt, 72-191 Highway 111, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Landscape Beautification Committee Meeting of January 21, 2009. 2. Parks & Recreation Commission Meetings of January 20, and February 3, 2009. 3. Public Safety Commission Meeting of February 11, 2009. Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2009 G. LETTER OF RESIGNATION from Kevin Grochau - Art in Public Places Commission. Rec: Receive with very sincere regret. H. REQUEST FOR DECLARATION of Surplus Property and Disposal Authorization - Miscellaneous Electronic Office Equipment. Rec: By Minute Motion, declare items listed on the accompanying staff report's Exhibit "A" as surplus property and authorize disposal as appropriate. I. REQUEST FOR AUTHORIZATION to Reject All Bids for the Maintenance and Conservation of the City of Palm Desert's Public Art Collection and to Re-advertise the Request for Proposals (RFP) (Contract No. C28720). Rec: By Minute Motion: 1) Reject all bids received for the Maintenance and Conservation of the City of Palm Desert's Public Art Collection and the El Paseo Invitational Exhibition; 2) direct staff to revise the RFP to include more definitive guidelines and criteria for maintenance of the City's Public Art Collection and re-advertise. J. REQUEST FOR APPROVAL of the Purchase of 100 Safety Barriers for the Streets Maintenance Division. Rec: By Minute Motion, approve the purchase of 100 safety barriers from Armorcast Products Company, North Hollywood, California, in the amount of $21,442.25 - funds are available in Account No. 110- 4210-433-3320 - Street Repair and Maintenance. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C23830B - Landscape Improvements on Fred Waring Drive Median Phase II (Project No. 955-08) (Sierra Landscape Company, Inc., Palm Desert, 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. L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28110 - Parks Office Remodeling Project (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. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2009 M. REQUEST FOR AUTHORIZATION to Release Letters of Credit for Oracle Plaza (Suresh Shah, Applicant). Rec: By Minute Motion, authorize release of the Letters of Credit held for the project known as Oracle Plaza. N. REQUEST FOR AUTHORIZATION to Release Bonds for College View Estates II, Tract Map No. 30087 (College View Estates II, LC, Applicant). Rec: By Minute Motion, authorize release of the bonds held for College View Estates II, Tract Map No. 30087. O. REQUEST FOR AUTHORIZATION to Release Letters of Credit for Wal- Mart, Parcel Map No. 30502 (Wal-Mart, Applicant). Rec: By Minute Motion, authorize release of the Letters of Credit held for Wal-Mart, Parcel Map No. 30502. P. REQUEST FOR AUTHORIZATION to Release Bonds for Rough Grading and Off-site Improvements for Paseo Village Development, Tract Map No. 31969 (Paseo Village Development, LLC, Applicant). Rec: By Minute Motion, authorize release of each of the bonds held for rough grading and off-site improvements, respectively, for Paseo Village Development, LLC, Tract Map No. 31969. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 09-16 - A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) AND THE CITY COUNCIL OF THE CITY OF PALM DESERT. Rec: Waive further reading and adopt. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2009 B. RESOLUTION NO. 09-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGARDING RECEIPT AND DISTRIBUTION POLICY OF TICKETS AND/OR PASSES IN FURTHERANCE OF THE CITY'S PUBLIC PURPOSES. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: For Adoption: XIV. NEW BUSINESS A. RATIFICATION AND ANNOUNCEMENT OF THE CITY MANAGER AGREEMENT WITH JOHN M. WOHLMUTH EFFECTIVE FEBRUARY 1, 2009 (CONTRACT NO. C28520). Rec: 1) Oral report to be provided by the City Attorney. 2) By Minute Motion, ratify approval of the subject contract with John M. Wohlmuth and resulting announcement of terms. Action: B. REQUEST FOR AUTHORIZATION FOR THE DIRECTOR OF COMMUNITY DEVELOPMENT TO REDUCE THE TRUST DEPOSIT FEE OF $2,915 T0 $1,500 FOR PROCESSING OF A CONDITIONAL USE PERMIT (CUP) TO OPERATE A "SHORT-TERM" RENTAL AT 77-040 UTAH CIRCLE, WHICH IS LOCATED IN THE R-1 9000 ZONE (SINGLE- FAMILY RESIDENTIAL) (Lisa Theodoratus, Applicant). Rec: By Minute Motion, authorize reduction of the processing deposit to $1,500 for the Conditional Use Permit for a short-term rental in a single-family residential zone. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2009 C. REQUEST FOR ADOPTION OF A CATEGORICAL EXEMPTION AND FILING OF NOTICE OF EXEMPTION FOR FIVE CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FUNDED PROJECTS. Rec: By Minute Motion: 1) Adopt the Categorical Exemption for the City Signal Interconnect, Fred Waring at San Pascual Signal Modification, Fred Waring/Monterey Turn Pocket, Highway 111 Improvements, and the PM10 Soil Stabilization Projects; 2) authorize the Director of Public Works to execute and file the Notice of Exemption with the County Clerk. Action: D. REQUEST FOR AUTHORIZATION FOR THE STATE-LEGISLATED "SAFE ROUTES TO SCHOOL" PROGRAM FOR THE REPLACEMENT OF SPEED LIMIT SIGNS ADJACENT TO SCHOOLS AND APPROVE THE EXPENDITURE OF FUNDS, WHICH WILL BE LARGELY REIMBURSED BY THE PROGRAM. Rec: By Minute Motion: 1) Authorize staff to apply for the State- legislated "Safe Routes To School" Program for the replacement of speed limit signs adjacent to schools; 2) approve the expenditure of $184,800 for the project, of which $166,320 will be reimbursed through the Program, resulting in a net expenditure of $18,480 - funds are available in Account No. 110-4250-433-2145 - Street Lights/Traffic Safety Supplies. Action: E. REQUEST FOR AUTHORIZATION TO SUBMIT "APPLICATION PART I" TO THE LEAGUE OF AMERICAN BICYCLISTS FOR CONSIDERATION OF DESIGNATION AS A BICYCLE FRIENDLY COMMUNITY AND DESIGNATE A BICYCLE COORDINATOR AND BICYCLE ADVISORY COMMITTEE. Rec: By Minute Motion: 1) Authorize staff to submit "Application Part I" of the process to The League of American Bicyclists in becoming a Bicycle Friendly Community; 2) designate the Parks and Recreation Services Manager to be the City's Bicycle Coordinator; 3) designate the Parks & Recreation Commission to be the City's Bicycle Advisory Committee. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2009 F. CONSIDERATION OF TERMINATION OF THE WASHINGTON STREET POLICE DEPARTMENT SUBSTATION LEASE. Rec: By Minute Motion, authorize termination of the Washington Street Police Department Substation Lease effective June 30, 2009. Action: G. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED IN FALCON CREST, 74-530 KING FISHER CIRCLE (APN 624-440-009), PALM DESERT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Authorize acquisition of the subject property for the purpose of retaining affordability covenants in the amount of $215,744 plus reasonable closing costs and commissions, if necessary, in anticipation of the expiration of the 45-day First Right- of-Refusal period; 2) approve Agency Silent Second and City "BEGIN" Third Trust Deed in amounts necessary to secure an affordable housing cost pursuant to Redevelopment Law for either a direct sale or Agency sale from Housing Set-aside Fund and BEGIN Program monies; 3) authorize the Director of Finance to appropriate and draw monies to facilitate the transaction from the Housing Set-aside Fund and the BEGIN Program Fund; 4) authorize the Executive Director or his designee to execute any documents necessary to facilitate this transaction. Action: XV. CONTINUED BUSINESS None 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2009 XVI. OLD BUSINESS A. 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 None XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1.) Announcement of Upcoming City Council Study Sessions for Work on the City's Financial Plan Fiscal Year 2009-2010: a) April 3, 2009 - 9:00 a.m., Administrative Conference Room b) April 8, 2009 - 8:00 a.m., Administrative Conference Room c) April 24, 2009 - 9:00 a.m., Administrative Conference Room D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2009 o City Council Requests for Action: 1. Request for Discussion Regarding Freedom Park (Councilmember Jean M. Benson). Action: o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: March 31, 2009 10:00 a.m. Cultural Resources Presv. Cmte. Administrative Conference Room April 6, 2009 6:00 p.m. Youth Committee Administrative Conference Room April 7, 2009 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber April 8, 2009 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room April 9, 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 th not less than 72 hours prior to the meeting. Dated this 20 day of March, 2009. ___________________________ Rachelle D. Klassen, City Clerk 10