HomeMy WebLinkAboutAGENDA 26 AUG 2010
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 26, 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 622-020-089
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/City of
Palm Desert/Palm Desert Redevelopment Agency
Property Owner: DesertArc
Under Negotiation: x Price x Terms of Payment
2) Property: Lease Property - 73-470 El Paseo, Suite No. 14, Palm
Desert
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
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2010
3) Property: Lease Property - Parkview Professional Office Complex
73-710 Fred Waring Drive, Suite No. 222, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Riverside County Economic Development Agency
Under Negotiation: x Price x Terms of Payment
4) Property: APN 640-020-003
Negotiating Parties:
Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert
Property Owner: Mitchell Family Real Estate Ltd. Pt. Two
Broker: NAI Capital
Under Negotiation: x Price x Terms of Payment
5) Property: APNs 694-170-014, 694-170-023
Negotiating Parties:
Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert
Property Owner: Neal Brandom/Emerald Brook LLC
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
Action:
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Councilman Robert A. Spiegel
VII. INVOCATION - Councilmember Jean M. Benson
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2010
VIII. ORAL COMMUNICATIONS – B
Any person wishing to discuss any item not scheduled for public hearing 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 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.
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
None
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 August 12, 2010, and
the Adjourned Regular Joint Meeting of the City Council and
Redevelopment Agency of July 27, 2010.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 17, 18, 21, 24, 25, 28, 31, 32, 33, 37, 41, and 45.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Best of
Palm Desert LLC, 37-029 Cook Street, Suite No. 101, Palm Desert.
Rec: Receive and file.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2010
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Charlie's
California Fresh, 75-130 Saint Charles Place, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Cucina
Pasta, 73-540 Highway 111, Suite No. 4, Palm Desert.
Rec: Receive and file.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Woodhaven
Country Club, 41-555 Woodhaven Drive East, Palm Desert.
Rec: Receive and file.
G. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Landscape Beautification Committee Meeting of May 19, 2010.
2. Library Promotion Committee Meeting of April 28, 2010.
3. Parks & Recreation Commission Meeting of June 1, 2010.
Rec: Receive and file.
H. LETTER OF RESIGNATION from Terry Schukart - Parks & Recreation
Commission.
Rec: Receive with very sincere regret.
I. REQUEST FOR APPROVAL of a Two-year Property Management
Agreement with Mason & Mason Inc. for Management Services at the
Henderson Community Building (Contract No. C30130).
Rec: By Minute Motion, approve the subject two-year contract with
Mason & Mason Inc., Montrose, California, for Property
Management Services at the Henderson Community Building in the
amount of $750/month ($9,000 annually) - funds are available in
Account No. 510-4195-495-3090.
J. REQUEST FOR APPROVAL of the Addition of DesertArc as a
Subcontractor to Vintage Associates, Inc., for Landscape Maintenance
Area No. 16 (Contract No. C29540, Project No. 916-10).
Rec: By Minute Motion, add DesertArc, Palm Desert, California, as a
subcontractor to Vintage Associates, Inc., Bermuda Dunes,
California, for the subject contract - Landscape Maintenance Area
No. 16. Contract amounts will not change.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2010
K. REQUEST FOR AUTHORIZATION to Release Maintenance Security for
Conditional Use Permit (CUP) No. 04-13 - Sacred Heart Church (Orr
Builders, Applicant).
Rec: By Minute Motion, authorize City Clerk to release the Maintenance
Security for CUP No. 04-13 - Sacred Heart Church.
L. REQUEST FOR AUTHORIZATION to Release Security for Tract No.
28818-5 - Marriott Shadow Ridge (Marriott Vacation Club, Applicant).
Rec: By Minute Motion, authorize City Clerk to release security for Tract
No. 28818-5- Marriott Shadow Ridge.
M. CONSIDERATION of a Request for Funding to Sponsor the 2011 Virginia
Waring International Piano Competition.
Rec: By Minute Motion: 1) Approve sponsorship in the amount of
$10,000 for the 2011 Virginia Waring International Piano
Competition; 2) appropriate $10,000 from the Unobligated General
Fund to Special Events Account No. 110-4416-414-3062 for this
purpose.
N. CONSIDERATION of Funding Support Request for the September
Concert Organized by Palm Desert Sister Cities Foundation to Occur on
September 11, 2010, at Civic Center Park.
Rec: By Minute Motion, approve the donation of $2,500 to the Palm
Desert Sister Cities Foundation for support of the September
concert on Saturday, September 11, 2010, at Civic Center Park -
funds are available in the FY 2010-2011 Budget.
XI. CONSENT ITEMS HELD OVER
XII. RESOLUTIONS
A. RESOLUTION NO. 2010 - 63 - A RESOLUTION OF THE CITY C OUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE
FISCAL YEAR 2009-2010 BUDGET TO PROVIDE TRANSFER,
APPROPRIATION, AND ESTIMATED REVENUES OF UNOBLIGATED
FUNDS FROM THE GAS TAX, GOLF COURSE MAINTENANCE,
TRAFFIC SAFETY, CAPITAL PROJECT RESERVE, AND THE
GENERAL FUND.
Rec: Waive further reading and adopt.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2010
B. RESOLUTION NO. 2010 - 64 - 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:
C. RESOLUTION NO. 2010 - 65 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS
INTENTION TO AMEND THE ENERGY INDEPENDENCE PROGRAM
(EIP) REPORT AND ADMINISTRATIVE GUIDELINES PREPARED
PURSUANT TO SECTION 5898.22 OF THE CALIFORNIA STREETS
AND HIGHWAYS CODE, AND SETTING A PUBLIC HEARING
THEREON.
Rec: Waive further reading and adopt.
Action:
XIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1215 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
AMENDMENTS TO CHAPTER 5.87 - MASSAGE ESTABLISHMENTS
AND MASSAGISTS, AND TO CHAPTER 5.90 - MASSAGISTS, OF TITLE
5 - BUSINESS TAXES, LICENSES, AND REGULATIONS, OF THE PALM
DESERT MUNICIPAL CODE.
Rec: Waive further reading and pass to second reading.
Action:
For Adoption:
None
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2010
XIV. NEW BUSINESS
A. CONSIDERATION OF CITY PAYMENT TO THE CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY (CJPIA) FOR RETROSPECTIVE
CALCULATION FOR LIABILITY PROGRAM FOR THE FISCAL YEAR
ENDING 2009-2010.
Rec: By Minute Motion, approve payment of $701,585 to CJPIA and
appropriate said funds from the Unobligated Liability Self Insurance
Fund 575.
Action:
B. REQUEST FOR APPROVAL OF A TWO-YEAR EXTENSION OF THE
PROPERTY MANAGEMENT AGREEMENT WITH MASON & MASON
INC. FOR MANAGEMENT SERVICES AT THE PARKVIEW
PROFESSIONAL OFFICE COMPLEX (CONTRACT NO. C15107).
Rec: By Minute Motion, approve a two-year extension of the subject
contract with Mason & Mason Inc., Montrose, California, for
Property Management Services for the Parkview Professional
Office Complex - contract price of $6,000/year will not change, and
funds are available in Account No. 510-4195-495-3090.
Action:
C. PRESENTATION BY BALLARD*KING & ASSOCIATES ON THE
AQUATIC CENTER OPERATIONS STUDY FINAL REPORT DATED
JUNE 25, 2010.
Rec: By Minute Motion, receive the presentation by Mr. Kenneth Ballard
of Ballard*King & Associates relative to his findings in the Aquatic
Center Operations Study.
Action:
D. REQUEST FOR AWARD OF CONTRACT FOR PRELIMINARY
ENGINEERING AND ENVIRONMENTAL CLEARANCE SERVICES FOR
THE MID-VALLEY BIKE PATH PROJECT TO TY LIN INTERNATIONAL
IN THE AMOUNT OF $326,245 (CONTRACT NO. C30140).
Rec: By Minute Motion: 1) Award the subject contract for Preliminary
Engineering and Environmental Clearance Services for the Mid-
Valley Bike Path Project to TY Lin International, San Diego,
California, in the Amount of $326,245; 2) authorize the Mayor to
execute said contract - funds are available in Account No. 400-
4544-433-4001 - Mid-Valley Bike Path.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2010
E. REQUEST FOR AUTHORIZATION TO NEGOTIATE AND FINALIZE A
FUNDING AGREEMENT BETWEEN THE CITY OF PALM DESERT AND
THE CHILDREN'S DISCOVERY MUSEUM OF THE DESERT FOR THE
EXPANSION AND RENOVATION OF THEIR CURRENT FACILITY
(CONTRACT NO. C30150).
Rec: By Minute Motion: 1) Authorize staff to negotiate and finalize a
Funding Agreement between the City of Palm Desert and the
Children's Discovery Museum of the Desert; 2) approve said
Agreement substantially as to form; 3) authorize the City Manager
to approve and the Mayor to execute the Funding Agreement in the
amount of $500,000 for the purpose of expanding and renovating
the existing facility - funds are available in Special Programs,
Account No. 400-4800-454-3902.
Action:
F. REQUEST FOR AUTHORIZATION TO REJECT ALL BID PROPOSALS
RECEIVED FOR THE PURCHASE OF CUSOTM-BLEND SOLID
FERTILIZERS (RFP-A) AND CUSTOM-BLEND LIQUID FERTILIZERS
(RFP-B) FOR DESERT WILLOW GOLF RESORT.
Rec: By Minute Motion, reject all bid proposals received for the purchase
of Custom-blend Fertilizers (RFP-A) and the purchase of Custom-
blend Fertilizers (RFP-B).
Action:
G. REPORT REGARDING THE 'REFRESH" PROJECT BEING
UNDERTAKEN BY THE RIVERSIDE COUNTY ECONOMIC
DEVELOPMENT AGENCY (EDA) FOR THE MULTI-AGENCY LIBRARY,
73-300 FRED WARING DRIVE, PALM DESERT.
Rec: By Minute Motion, receive and file the report for the "Refresh"
Project being undertaken by the Riverside County Economic
Development Agency for the Palm Desert Public Library.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2010
H. REQUEST FOR DECLARATION OF EXCESS PROPERTY FOR
PORTIONS OF LOTS 312 AND 313 OF M.B. 27/36 AND 37 AT
GUADALUPE AVENUE ALONG MONTEREY AVENUE; AUTHORIZE
THE MAYOR TO EXECUTE A GRANT DEED TO CONVEY 1,711
SQUARE FEET OF THE EXCESS PROPERTY TO PAUL DELIO; AND
AUTHORIZE THE MAYOR TO EXECUTE AN EASEMENT AGREEMENT
FOR THE REMAINDER OF THE EXCESS PROPERTY, ALL TO
ACCOMMODATE PRECISE PLAN NO. 07-07, A PROPOSED
PROFESSIONAL OFFICE BUILDING AT 44-450 MONTEREY AVENUE
(Prest Vuksic Architects, Applicant).
Rec: By Minute Motion: 1) Declare as excess property portions of Lots
312 and 313 of M.B. 27/36 and 37 at Guadalupe Avenue along
Monterey Avenue (Approximately 5,179 square feet); 2) authorize
the Mayor to execute a Grant Deed and Property Use Agreement to
convey 1,711 square feet of said excess property to Paul Delio
(Contract No. C30160A); 3) authorize the Mayor to execute an
Easement Agreement for the remainder of the excess property, all
to accommodate Precise Plan No. 07-07, a proposed professional
office building at 44-450 Monterey Avenue (Contract No.
C30160B).
Action:
I. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED
IN FALCON CREST AND KNOWN AS APN 624-441-007 (74-537 KING
FISHER), IF NECESSARY, IN ANTICIPATION OF EXPIRATION OF THE
FIRST RIGHT-OF-REFUSAL PERIOD (JOINT CONSIDERATION WITH
THE PALM DESERT REDEVELOPMENT AGENCY).
Rec: By Minute Motion: 1) Authorize acquisition of 74-537 King Fisher
Circle (APN 624-441-007) for the purpose of retaining affordability
covenants and resale, if necessary, in anticipation of the expiration
of the 45-day first right-of-refusal period, in the amount pursuant to
the Affordable Agreement; 2) approve Agency Silent Second and
City BEGIN Third Trust Deeds in amounts necessary to secure an
affordable housing cost pursuant to Redevelopment Law for either
a direct sale or Agency resale from Housing Set-aside Fund and
BEGIN Program monies; 3) authorize the Director of Finance to
draw monies from the relative funds to facilitate the transaction; 4)
authorize the executive Director or his designee to execute any
documents necessary to facilitate this transaction - funds are
available in Acquisition Rehab and Resale Account No. 870-4492-
464-4001, BEGIN Program Fund Account No. 214-4494-464-3901,
and Homebuyer Assistance Account No. 870-4699-464-4001.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2010
J. REQUEST FOR APPROVAL OF ACTIONS AUTHORIZING STAFF TO
SUBMIT AN APPLICATION FOR THE SUSTAINABLE COMMUNITIES
PLANNING GRANT OFFERED BY THE STATE OF CALIFORNIA AND
ADMINISTERED BY THE STRATEGIC GROWTH COUNCIL IN THE
AMOUNT OF $1,000,000, AND TO ALLOW THE CITY MANAGER TO
SIGN AS THE AUTHORIZED REPRESENTATIVE.
Rec: 1) Waive further reading and adopt Resolution No. 2010-66,
authorizing staff to submit an application for The Sustainable
Communities Planning Grant offered by the State of California and
administered by the Strategic Growth Council in the amount of
$1,000,000.
2) By Minute Motion, authorize the City Manager to sign the
application as the authorized representative.
Action:
K. REQUEST FOR APPROVAL OF THE TEMPORARY USE OF SOCCER
PARK SOUTH PARKING LOT FOR PALM DESERT HIGH SCHOOL
OFF-SITE STUDENT PARKING AND AUTHORIZE THE CITY MANAGER
TO FINALIZE NEGOTIATIONS AND EXECUTE AN AGREEMENT FOR
SAME (CONTRACT NO. C30170).
Rec: By Minute Motion: 1) Approve the temporary use of the Soccer
Park South Parking Lot for Palm Desert High School Off-site
Student Parking; 2) authorize the City Manager to finalize
negotiations and execute said Agreement.
Action:
XV. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF ADVERTISING DESIGN SERVICES AS
PRESENTED BY OFF MADISON AVE. (CONTRACT NO. C30110)
(Continued from the meeting of July 27, 2010).
Rec: By Minute Motion, authorize payment to Off Madison Avenue,
Tempe, Arizona, in an amount not to exceed $20,000 for
advertising creative, testing, and website integration - funds are
available in the Marketing Budget, Account No. 110-4417-414-
3219.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2010
B. REQUEST FOR APPROVAL OF THE 2010/2011 MEDIA PLACEMENT
PLAN (Continued from the meeting of July 27, 2010).
Rec: By Minute Motion: 1) Approve the 2010/2011 JNS Advertising
Services Media Placement Plan as presented; 2) provide direction
to staff on allocation of the remaining $25,565 - funds are available
in Advertising Buys, Account No. 110-4417-414-3221.
Action:
XVI. OLD BUSINESS
A. REQUEST FOR RESCISSION OF CONTRACT WITH JP STRIPING,
INC., FOR THE 2010 CITYWIDE STRIPING PROGRAM AND AWARD
OF SAID CONTRACT TO THE NEXT LOWEST RESPONSIVE BIDDER,
CHRISP COMPANY (CONTRACT NO. C29700).
Rec: By Minute Motion: 1) Rescind award of Contract No. C29700 to J P
Striping, Inc., Beaumont, California; 2) award Contract No. C29700
in the amount of $107,000 to Chrisp Company, Fremont, California;
3) authorize the Director of Finance to set aside a 10% contingency
for the project in the amount of $10,700; 4) utilize encumbered
funds in Account No. 110-4315-433-3320 from FY 2009-2010 in the
amount of $92,642 for this project - balance of funds available in
General Fund Account No. 110-4315-433-3320.
Action:
B. REQUEST FOR APPROVAL OF AMENDMENT NO. 4 TO CONTRACT
NO. C22310A WITH RBF CONSULTING, INC., FOR ADDITIONAL
DESIGN SERVICES FOR THE MONTEREY AVENUE INTERCHANGE
RAMP MODIFICATION PROJECT ON INTERSTATE 10 (PROJECT NO.
669-02).
Rec: By Minute Motion, approve Amendment No. 4 in the amount of
$147,960 to the subject contract with RBF Consulting, Inc., Palm
Desert, California, for additional design services to complete plans
specifications, and estimate, bidding, award, and construction
support services for the Monterey Avenue Interchange Ramp
Modification Project on Interstate 10 - funds are available in the
Measure "A" - Monterey Ramp Modification Account, No. 213-
4389-433-4001.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2010
C. REQUEST FOR APPROVAL OF AN EXTENSION TO THE 60-DAY
SUSPENSION OF ENFORCEMENT OF CHAPTER 25.68 - SIGNS,
SECTION 25.68.050(M) - PROHIBITED SIGNS, OF THE PALM DESERT
MUNICIPAL CODE, FOR AN ADDITIONAL 180 DAYS TO ALLOW THE
DISPLAY OF TEMPORARY OFF-SITE SIGNAGE FOR RETAIL
BUSINESSES.
Rec: By Minute Motion, approve an additional 180-day suspension of
enforcement of Chapter 25.68 - Signs, Section 25.68.050(M) -
Existing Off-site Signage Prohibition, to allow retail businesses
temporary off-site signage not located within the public right-of-way.
Action:
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF HISTORIC DISTRICT DESIGNATION
FOR THE SHADOW MOUNTAIN GOLF CLUB LOCATED AT 73-800
IRONWOOD STREET Case No. CRPC 10-02 (Shadow Mountain Golf
Club, Applicant).
Rec: Waive further reading and adopt Resolution No. 2010-67,
reaffirming the action of the Cultural Resources Preservation
Committee, designating the Shadow Mountain Golf Club located at
73-800 Ironwood Street with Historic District Designation, in
accordance with Section 29.50.010 of the Palm Desert Municipal
Code.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2010
B. REQUEST FOR APPROVAL OF AMENDMENT TO RESOLUTION NO.
91-5 TO REMOVE DEPARTMENT OF COMMUNITY
DEVELOPMENT/PLANNING CONDITION NUMBER 10 THAT THE
WARING PLAZA COMMERCIAL CENTER LOCATED AT 72-280
HIGHWAY 111 SHALL NOT INCLUDE A SUPERMARKET, AND
CONSIDERATION TO AUTHORIZE STAFF TO DRAFT AN
AMENDMENT TO CHAPTER 25.30 OF THE ZONING ORDINANCE TO
ALLOW SUPERMARKETS NOT EXCEEDING 70,000 GROSS SQUARE
FEET AS CONDITIONAL USES IN THE REGIONAL COMMERCIAL PC
(3) ZONE Case No. PP 90-13 Amendment #1 (KKE Architects/Brian Arial,
Applicant).
Rec: 1) Waive further reading and adopt Resolution No. 2010-68,
amending Resolution No. 91-5 by removing Department of
Community Development/Planning Condition of Approval Number
10, that Waring Plaza shall not include a supermarket.
2) By Minute Motion, authorize staff to draft an amendment to
Chapter 25.30 of the Zoning Ordinance to allow supermarkets not
exceeding 70,000 gross square feet as conditional uses in the
Regional Commercial PC (3) Zone.
Action:
C. REQUEST TO EXTEND FOR AN ADDITIONAL ONE-YEAR PERIOD OF
TIME THE MORATORIUM REGARDING THE ISSUANCE OF
CONDITIONAL USE PERMITS FOR INDEPENDENT MASSAGE
ESTABLISHMENTS UNDER THE CITY'S MASSAGE ORDINANCE -
PALM DESERT MUNICIPAL CODE CHAPTER 5.87 - WHILE OPTIONS
FOR LONG-TERM REGULATORY STRATEGY ARE STUDIED,
PLANNED, AND PRESENTED TO CITY COUNCIL FOR
IMPLEMENTATION.
Rec: Waive further reading and adopt by four-fifths vote Interim Urgency
Ordinance No. 1216, making findings and extending the
Moratorium on the issuance of Conditional Use Permits to
independent massage establishments for up to another 12 months.
Action:
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
B. CITY ATTORNEY
C. CITY CLERK
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2010
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 Consideration of Travel Requests and Reports:
o City Council Committee Reports:
o City Council Comments:
XIX. ADJOURNMENT
FUTURE MEETINGS:
August 31, 2010 10:00 a.m. Cultural Res. Presv. Cmte. Workshop
Administrative Conference Room
September 7, 2010 8:30 a.m. Parks & Recreation Commission
Administrative Conference Room
6:00 p.m. Planning Commission
Civic Center Council Chamber
September 8, 2010 3:30 p.m. Housing Commission
North Wing Conference Room
3:30 p.m. Public Safety Commission
Administrative Conference Room
September 9, 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
not less than 72 hours prior to the meeting. Dated this 20th day of August, 2010.
___________________________
Rachelle D. Klassen, City Clerk
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