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HomeMy WebLinkAboutAGENDA 22 APR 2010 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 22, 2010 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 628-130-015 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Barracuda, LLC Under Negotiation: x Price x Terms of Payment 2) Property: APN 628-130-008 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: David Nelson Under Negotiation: x Price x Terms of Payment POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010 3) Property: APNs 694-190-063 and -065 Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Wilson & Johnson Under Negotiation: x Price x Terms of Payment 4) Property: Lease Property - 73-470 El Paseo, Suite No. 13, Palm Desert (APN 627-202-010) Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: El Paseo Square, LLC 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 Manager V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Richard S. Kelly VII. INVOCATION - Mayor 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 terms 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 Board meeting. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010 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, telephone (760) 346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF APRIL 2010 AS "CHILD ABUSE PREVENTION MONTH" IN THE CITY OF PALM DESERT. Action: B. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF MAY 2010 AS "MENTAL HEALTH MONTH" IN THE CITY OF PALM DESERT. Action: C. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF MAY 2010 AS "BUILDING SAFETY MONTH" IN THE 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 April 8, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 209, 213, and 214. Rec: Approve as presented. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010 C. CITY COMMITTEE AND COMMISSION MEETING MINUTES: 1. Landscape Beautification Committee Meeting of January 20, 2010. 2. Parks & Recreation Commission Meeting of January 5, 2010. Rec: Receive and file. D. LETTER OF RESIGNATION from Verna Smith - Housing Commission. Rec: Receive with very sincere regret. E. RESOLUTION NO. 2010 - 23 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Code Compliance Department that Have Been Digitally Imaged (Files Dated 2004). Rec: Waive further reading and adopt. F. REQUEST FOR APPROVAL of Amended Palm Desert Country Club Neighborhood Park (Joe Mann Park) Lease (Contract No. C16152). Rec: By Minute Motion, approve the Amended Palm Desert Country Club Neighborhood Park (Joe Mann Park) Lease, as presented. G. REQUEST FOR ACCEPTANCE of Work for Contract No. C28990 - 2009 Curb Ramp Modification Project (Project No. 753-09) (Simon Contracting, Inc., 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. H. REQUEST FOR AUTHORIZATION to Release the Security for Tract No. 34391 (Kingston Court), Accept Replacement Security, and Authorize the Mayor to Execute the Replacement Subdivision Improvement Agreement (Palm Desert Terracina, LLC - former Applicant) (KB Home Southern California - new Applicant). Rec: By Minute Motion, authorize release of the previous security for Tract No. 34391 (Kingston Court), accept replacement bonds, and authorize the Mayor to execute the replacement Subdivision Improvement Agreement therefor. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010 I. REQUEST FOR RATIFICATION of the New City of Palm Desert Emergency Operations Plan - Parts I and II. Rec: By Minute Motion, ratify the new City of Palm Desert Emergency Operations Plan that is based on the new National Incident Management System (NIMS) requirements approved by the City Council in 2009. J. CONSIDERATION of Legislative Review Committee Action on AB 223 (Ma) - Tattoo and Body Art Parlors. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 30, 2010, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 223 (Ma). K. CONSIDERATION of Legislative Review Committee Action on AB 1822 (Swanson) - Massage Therapy. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 30, 2010, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 1822 (Swanson). L. CONSIDERATION of Legislative Review Committee Action on AB 1867 (Harkey) - Land Use. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 30, 2010, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 1867 (Harkey). M. CONSIDERATION of Legislative Review Committee Action on AB 2439 (Netande) - Mobile Home Parks. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 30, 2010, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2439 (Nestande). 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010 N. PRELIMINARY RE-CAP 0F 2010 FASHION WEEK EL PASEO. Rec: By Minute Motion, receive and file the Preliminary Re-cap Report for 2010 Fashion Week El Paseo. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1212 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 8.40.080 AND SECTION 8.40.100 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA-RECREATIONAL VEHICLES ON PRIVATE PROPERTY. Rec: Waive further reading and adopt. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010 XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO PAY TITLE FEES TO FIRST AMERICAN TITLE COMPANY AND LAWYERS TITLE COMPANY AS PART OF THE ENERGY INDEPENDENCE PROGRAM (EIP) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion, authorize: 1) Payment to First American Title Company in an amount not to exceed $30,240 for title fees incurred as part of the Phases I and II (a) & (b) of the EIP - a portion of these costs will be reimbursed by EIP participants; 2) payment to First American Title Company and Lawyers Title Company in an amount not to exceed $108,000 for title fees incurred as part of EIP Phase III as services are rendered - all Phase III costs will be reimbursed by EIP participants; 3) Director of Finance to transfer funds deposited into the Energy Independence Program Loan Proceeds in Account No. 237-0000-349-9400 to Energy Management to offset said costs - funds for these costs have been budgeted in the Energy Management Professional Services Account, No. 850-4511-442-3090. Action: B. REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION TO CONTRACT WITH SIERRA LANDSCAPE COMPANY, INC., FOR MAINTENANCE SERVICES FOR LANDSCAPE MAINTENANCE AREA NO. 4 IN THE AMOUNT OF $93,144 (CONTRACT NO. C28621, PROJECT NO. 904-09). Rec: By Minute Motion, approve a one-year extension to the subject contract with Sierra Landscape Company, Inc., Palm Desert, California, in the amount of $93,144 for maintenance services for Landscape Maintenance Area No. 4 - funds are available in the General Fund Account No. 110-4614-453-3370. Action: XV. CONTINUED BUSINESS None 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010 XVI. OLD BUSINESS A. REQUEST FOR CITY COUNCIL TO REAFFIRM THEIR REQUEST TO THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) TO REINSTATE THE SUN CITY PALM DESERT AREA INTO THE PALM DESERT SPHERE OF INFLUENCE. Rec: By Minute Motion, reaffirm the direction given on December 11, 2008, to ask the Riverside County Local Agency Formation Commission (LAFCO) to reintroduce Sun City Palm Desert and the adjacent commercial area into the Palm Desert Sphere of Influence. Action: XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT, ADDING CHAPTER 25.130 - LOCATION OF MISCELLANEOUS USES - TO THE PALM DESERT MUNICIPAL CODE Case No. ZOA 10-69 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1213 to second reading for approval of a Zoning Ordinance Amendment, adding Chapter 25.130 - Location of Miscellaneous Uses to the Pam Desert Municipal Code. Action: B. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION TO REVOKE AN EXISTING CONDITIONAL USE PERMIT (CUP) FOR ANNA'S HEALTH SYSTEM, A MASSAGE THERAPY ESTABLISHMENT LOCATED IN THE PALMS TO PINES WEST SHOPPING MALL AT 72-655 HIGHWAY 111, SUITE B-7 Case No. CUP 08-108 (Chun Hua Deng / Todd Hill, Applicants/Appellants). Rec: Waive further reading and adopt Resolution No. 2010 - 24, upholding the Planning Commission's decision to revoke existing CUP 08-108 for Anna's Health System, a Massage Establishment in a 1,040 square foot commercial suite located at 72-655 Highway 111, Suite B-7. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 2010 XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK A. Reminder of Upcoming Joint City Council, Redevelopment Agency, and Housing Authority Meetings Regarding the Preliminary Fiscal Year 2010- 2011 Budget. a) Monday, April 26, 2010, 9:00 a.m. - 12:00 p.m. in the Administrative Conference Room for Review of Public Works and Capital Improvement Projects Budgets. b) Friday, April 30, 2010, 1:00 p.m. - 4:00 p.m. in the Administrative Conference Room for Review of Redevelopment Agency Budgets (includes Housing, Marketing, and Visitor Center). 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 APRIL 22, 2010 FUTURE MEETINGS: April 27, 2010 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 10:00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Rm. April 28, 2010 3:00 p.m. Adj. Reg. Library Promotion Committee Administrative Conference Room May 3, 2010 6:00 p.m. Youth Committee Administrative Conference Room May 4, 2010 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber May 11, 2010 12:00 a.m. Architectural Review Commission Community Services Conference Rm. May 12, 2010 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room May 13, 2010 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 16 day of April, 2010. ___________________________ Rachelle D. Klassen, City Clerk 10