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Home My WebLink AboutAGENDA 08 OCT 2009 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 08, 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 622-260-082 Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Riverside County Sheriff's Department 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 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 Action: VI. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson VII. INVOCATION - Councilman Richard S. Kelly 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 or 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 PUBLIC SAFETY DIRECTOR AND FIRE CHIEF FROM PALM DESERT'S SISTER CITY IXTAPA-ZIHUATANEJO, MEXICO. Rec: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 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 September 24, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 75, 76, 80, and 81. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art in Public Places Commission Meeting of June 17, 2009. 2. Cultural Resources Preservation Committee Meeting of June 30, 2009. 3. Parks & Recreation Commission Meeting of September 1, 2009. Rec: Receive and file. D. LETTER OF RESIGNATION from Charles Ash - Citizens' Advisory Committee for Project Area No. 4. Rec: Receive with very sincere regret. E. REQUEST FOR APPROVAL of the City of Palm Desert "Statement of Investment Policy" (Joint Consideration with the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and Palm Desert Financing Authority). Rec: By Minute Motion, approve the City of Palm Desert "Statement of Investment Policy," as presented. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 F. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Files from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt: 1) Resolution No. 09-70 - April 2009 Records; 2) Resolution No. 09-71 - May 2009 Records; 3) Resolution No. 09-72 - Closed Investigations - Set Number One, ranging from the years 2000 - 2005. G. REQUEST FOR AUTHORIZATION to Issue a Request for Proposals (RFP) for Public Relations Services for the City of Palm Desert and to Extend Existing Contract with Nancy J. Friedman Public Relations for Two Months During the RFP Process. Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and issue an RFP for Public Relations Services to the City of Palm Desert (Contract No. C29270; 2) extend the contract with Nancy J. Friedman Public Relations (NJFPR) for two months (November 1 - December 31, 2009) (Contract No. C28341) - funds are available in the FY 2009-2010 Marketing Budget. H. REQUEST FOR APPROVAL of Amended Lease Agreement Between the City of Palm Desert and the Palm Desert Country Club Homeowners Association Relative to the Neighborhood (Joe Mann) Park (Contract No. C16151). Rec: By Minute Motion, approve the Amended Lease for the Palm Desert Country Club Neighborhood (Joe Mann) Park and authorize the Mayor to execute same. I. REQUEST FOR AUTHORIZATION to Release Improvement Security for 73-061, 73-080, and 73-081 El Paseo and Accept Maintenance Security (El Paseo Collection, Applicant). Rec: By Minute Motion, authorize release of the improvement security for 73-061, 73-080, and 73-081 El Paseo and accept maintenance security. J. REQUEST FOR APPROVAL of Staff's Recommendation to Donate the City's Previous Inventory of Holiday Decorations to The Living Desert. Rec: By Minute Motion, approve staff's recommendation to donate the City's previous inventory of holiday decorations to The Living Desert. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 09-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING WORKERS' COMPENSATION COVERAGE FOR CERTAIN CITY VOLUNTEERS PURSUANT TO THE PROVISIONS OF 3363.5 OF THE LABOR CODE. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: For Adoption: A. ORDINANCE NO. 1197 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.26 - UNLAWFUL CAMPING - TO THE PALM DESERT MUNICIPAL CODE. Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. REQUEST FOR CITY COUNCIL REVIEW OF THE ARCHITECTURAL REVIEW COMMISSION ACTION TO DENY A REQUEST TO PARK A RECREATIONAL VEHICLE IN THE FRONT YARD LOCATED AT 73-340 SAN NICHOLAS AVENUE (Case No. RV 09-358 (Richard Maciag, Applicant). Rec: By Minute Motion, reaffirm the action of the Architectural Review Commission (ARC) to deny a request to park a recreational vehicle (RV) in the front yard of a single-family residence located at 73-340 San Nicholas Avenue behind a movable fence and proposed landscaping. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 B. REQUEST FOR CITY COUNCIL REVIEW OF THE ARCHITECTURAL REVIEW COMMISSION ACTION TO DENY A REQUEST TO PARK A RECREATIONAL VEHICLE IN THE FRONT YARD, THREE DAYS/WEEK FOR SIX MONTHS AT 73-110 GUADALUPE AVENUE Case No. 09-360 (Julio C. Cruz, Applicant). Rec: By Minute Motion, reaffirm the action of the Architectural Review Commission (ARC) to approve of parking a recreational vehicle in the front yard of a single-family residence on Fridays, Saturdays, and Sundays for six months at 73-110 Guadalupe Avenue. Action: C. CONSIDERATION OF AN APPEAL OF A DECISION BY THE CITY MANAGER AND PERMIT ADMINISTRATOR, REVOKING A MASSAGE ESTABLISHMENT PERMIT FOR TY SPA - 73-891 HIGHWAY 111 Massage Establishment Permit No. 07-43355 (Jeon Suyong, Appellant). Rec: Waive further reading and adopt Resolution No. 09-74, upholding the City Manager's and Permit Administrator's decision to revoke an existing Massage Establishment Permit, No. 07-43355, for Ty Spa. Action: D. REQUEST FOR AUTHORIZATION TO NOTIFY THE RIVERSIDE COUNTY AUDITOR OF THE REDEVELOPMENT AGENCY'S INTENT TO PAY SUPPLEMENTAL EDUCATIONAL REVENUE AUGMENTATION FUND (SERAF) FROM AGENCY FUNDING SOURCES AND FOR AUTHORIZATION TO SUSPEND THE 2009-2010 DEPOSIT TO HOUSING SET-ASIDE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Direct the City Manager or his designee to notify the Riverside County Auditor of the Redevelopment Agency's intent to pay 2009- 2010 SERAF from Agency funding sources. 2) Authorize staff to suspend the 2009-2010 Housing Set-aside deposit in order to offset costs of the 2009-2010 SERAF shift. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 E. REQUEST FOR APPROVAL OF DESIGN PROPOSAL, "THE MESSENGERS," BY JOHN RICHEN FOR SACRED HEART CHURCH LOCATED AT 43-775 DEEP CANYON, PALM DESERT (Sacred Heart Church, Applicant). Rec: By Minute Motion, approve John Richen's artwork proposal, "The Messengers," as the public art component for Sacred Heart Church, 43-775 Deep Canyon, Palm Desert - funds are available in Account No. 436-0000-312-2700 as paid by the Applicant. Action: F. REQUEST FOR APPROVAL OF DESIGN PROPOSAL, "CREATIVE BOLLARDS IN THE MINDS OF THE STUDENTS, "BY SOCIAL MOSAICS FOR THE PALM DESERT OASIS SEVENTH DAY ADVENTIST CHURCH LOCATED AT 74-200 COUNTRY CLUB DRIVE, PALM DESERT (Palm Desert Oasis Seventh Day Adventist Church, Applicant). Rec: By Minute Motion, approve Social Mosaics" artwork proposal, "Creative Bollards in the Minds of the Students," as the public art component for Palm Desert Oasis Seventh Day Adventist Church located at 74-200 Country Club Drive, Palm Desert - funds are available in Account No. 436-0000-312-2700 as paid by the Applicant. Action: G. REQUEST FOR AUTHORIZATION TO IMPLEMENT A PALM DESERT RESTAURANT DISCOUNT COUPON PROGRAM. Rec: By Minute Motion, authorize implementation of a Palm Desert Restaurant Discount Coupon Program. Action: H. CONSIDERATION OF TELEVISING CITY COUNCIL MEETINGS. Rec: By Minute Motion: 1) Receive and file the report; 2) direct staff to refine the cost, equipment, and necessary professional contract through an RFP (Request for Proposals); 3) consider refined report for 2010-2011 Fiscal Year Budget Process. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. CONSIDERATION OF EXTENSION FOR AN ADDITIONAL 10 1/2 MONTHS THE ESISTING 45-DAY MORATORIUM ON ISSUANCE OF CONDITIONAL USE PERMITS FOR 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 (City of Palm Desert, Applicant). Rec: Waive further reading and, by four-fifths vote, adopt Interim Urgency Ordinance No. 1198, extending for an additional 10 1/2 months the existing 45-day moratorium on issuance of Conditional Use Permits for any independent massage establishments while the City's Massage Ordinance (Palm Desert Municipal Code Chapter 5.87) is studied and potentially amended. Action: B. REQUEST FOR APPROVAL OF AMENDMENTS TO TITLE 8 - HEALTH AND SAFETY, CHAPTER 8.40 - RECREATIONAL VEHICLES (RVs), OF THE PALM DESERT MUNICIPAL CODE, TO CLARIFY STANDARDS FOR SCREENING RVs PARKED AT RESIDENTIAL PROPERTIES (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1199 to second reading, approving amended standards in Chapter 8.40 Recreational Vehicles on Private Property, of Title 8 - Health and Safety, of the Palm Desert Municipal Code. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009 XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Announcement of City Council Study Session - Thursday, October 15, 2009, 2:00 p.m., Administrative Conference Room, regarding: 1) Desert Willow Lakeview and Ballroom Terraces; 2) Redevelpment Agency - Five-year Implementation Plan. 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 8, 2009 FUTURE MEETINGS: October 13, 2009 12:00 p.m. Architectural Review Commission Community Services Conference Room October 14, 2009 3:30 p.m. Housing Commission -CANCELED – (being held Oct. 7, 2009) Public Safety Commission Administrative Conference Room October 19, 2009 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room October 20, 2009 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber October 21, 2009 9:00 a.m. Art in Public Places Commission Community Services Conference Room 11:30 a.m. Landscape Beautification Committee Public Works Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room October 22, 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 2ndday of October, 2009. ___________________________ Rachelle D. Klassen, City Clerk 10