HomeMy WebLinkAboutAGENDA 14 JAN 2010
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 14, 2010
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
II. ROLL CALL
III. ORAL COMMUNICATIONS – A (CLOSED SESSION ITEMS)
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 JANUARY 14, 2010
3) Property: APN 628-120-005
Negotiating Parties:
Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Roger Snellenberger
Under Negotiation: x Price x Terms of Payment
4) Property: APNs 620-370-011, 620-370-012
Negotiating Parties:
Agency: John M. Wohlmuth/Mark Greenwood/
City of Palm Desert
Property Owner: Lakha Properties-Palm Desert, LLC
Under Negotiation: x Price x Terms of Payment
5) Property: 42135 Kansas Street (APN) 637-033-001), Palm Desert
Negotiating Parties:
Agency: Justin McCarthy/Mark Greenwood/City of Palm
Desert/ Palm Desert Redevelopment Agency
Property Owner: Fannie Mae/Brian Barr, Broker
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
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 potential to initiate litigation
pursuant to Government Code Section 54956.9(c)
Number of Potential Cases: 1
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2010
VI. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Jim Ferguson
VII. INVOCATION - Councilman Robert A. Spiegel
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 TO THE PALM DESERT CITY COUNCIL BY QUEEN
SCHEHERAZADE AND HER COURT AS AMBASSADORS OF THE 2010
RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL.
Action:
B. PRESENTATION TO RECOGNIZE JULIE MUNSON FOR HER SERVICE
TO THE CITY OF PALM DESERT AND ITS PARKS & RECREATION
COMMISSION.
Action:
C. PRESENTATION OF CERTIFICATE OF ACCOMPLISHMENT TO
RECOGNIZE NICHOLAS COX AS FIRST-PLACE WINNER OF THE ART
IN PUBLIC PLACES FILM & VIDEO ART COMPETITION.
Action:
D. PRESENTATION OF CERTIFICATE OF ACCOMPLISHMENT TO
RECOGNIZE REBECCA ROWLEY AS SECOND-PLACE WINNER OF
THE ART IN PUBLIC PLACES FILM & VIDEO ART COMPETITION.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2010
E. PRESENTATION TO HONOR ED GALLARDO WITH THE CITY'S
EMPLOYEE RECOGNITION AWARD FOR DECEMBER 2009.
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 Meetings of December 10 and
December 24, 2009; the Adjourned Regular City Council Meeting of
December 11, 2009; and the Adjourned Regular Joint Meeting of the City
Council and Redevelopment Agency of December 21, 2009.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 131, 132, 136, 140, 141, 144, and 145.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#655) by Edith Slater in the Amount of
$1,500,000.
Rec: By Minute Motion, reject the Claim and direct the City clerk to so
notify the Claimant.
D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of September 2009, October 2009, and November 2009 (Joint
Consideration with the Palm Desert Redevelopment Agency).
Rec: Receive and file.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2010
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Cougar's Bar
& Nightclub, 74-360 Highway 111, Palm Desert.
Rec: Receive and file.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Gelato Bella
Vita, 74-998 Country Club Drive, Suite No. 240, Palm Desert.
Rec: Receive and file.
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Palm Desert
Country Club, 77-200 California Drive, Palm Desert.
Rec: Receive and file.
H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Westin
Desert Willow Villas, 75 Willow Ridge, Palm Desert.
Rec: Receive and file.
I. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Audit, Investment & Finance Committee Meetings of September
22, October 27, and November 24, 2009.
2. Art in Public Places Commission Meeting of November 18, 2009.
3. Library Promotion Committee Meeting of July 15, 2009.
4. Marketing Committee Meeting of November 17, 2009.
5. Public Safety Commission Meeting of October 14, 2009.
Rec: Receive and file.
J. LETTER OF RESIGNATION from John Weston-Art in Public Places
Commission.
Rec: Receive with very sincere regret.
K. RESOLUTION NO. 2010 - 1 - A Resolution of the City Council of the City
of Palm Desert, Setting Forth Its Findings and Authorizing the Destruction
of Files from the Department of Human Resources.
Rec: Waive further reading and adopt.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2010
L. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Disposal - Desert Willow Miscellaneous Equipment.
Rec: By Minute Motion, declare items listed on the accompanying staff
report's Exhibit "A" as surplus property and authorize disposal as
appropriate.
M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28910 -
Eldorado Median Landscape Renovation Project (Project No. 942-08)
(Candyl Golf Group, Inc., La Quinta, 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.
N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29280 -
Citywide Drywell Removal Project (Project No. 500-10) (Tri-Star
Contracting II, Inc., Desert Hot Springs, 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.
O. REQUEST FOR AUTHORIZATION to Refund Fees for Building Permit
No. 09-48580 for a Project Located at 77-815 Michigan Drive, Palm
Desert (Newton Cattern, Applicant).
Rec: By Minute Motion, authorize refund of Building Permit Fees in the
amount of $187.20 for Permit No. 09-48580 for a project located at
77-815 Michigan Drive.
P. REQUEST FOR AUTHORIZATION to Purchase 1,050 Child Identification
Fingerprint Kits in the Amount of $996, Utilizing CalCOPS Funding.
Rec: By Minute Motion, approve the purchase of $1,050 Child
Identification Fingerprint Kits in the amount of $996, utilizing
CalCOPs Funding.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2010
Q. REQUEST FOR APPROVAL of the Consumption of Alcoholic Beverages
at a Special Event on City Sidewalks for The Shops On El Paseo -
January 30, 2010.
Rec: By Minute Motion: 1) Permit the consumption of alcoholic
beverages on sidewalk property owned by the City on the El Paseo
block located between Highway 74 and Ocotillo Drive for a special
event for The Shops of El Paseo scheduled to be held on January
30, 2010; 2) deny the request to close the street in the above-
mentioned block and, as an alternative, instruct staff to work with
the event coordinator to block off only one lane on each side of the
block closest to the sidewalks for staging the event.
XI. CONSENT ITEMS HELD OVER
XII. RESOLUTIONS
None
XIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1202 - 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 THEREOF.
Rec: Waive further reading and pass to second reading to be conducted
at a public hearing at the regular meeting of February 11, 2010.
Action:
B. ORDINANCE NO. 1203 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 15.07
- "SOLAR PV" - TO THE PALM DESERT MUNICIPAL CODE.
Rec: Waive further reading and pass to second reading.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2010
For Adoption:
A. ORDINANCE NO. 1201 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 24 OF
THE PALM DESERT MUNICIPAL CODE, ENVIRONMENT AND
CONSERVATION, CHAPTER 24.04, WATER-EFFICIENT LANDSCAPE
ORDINANCE IN ITS ENTIRETY, AS WELL AS REPEALING MUNICIPAL
CODE SECTIONS 8.70.330 AND 12.08.010 IN THEIR ENTIRETY
RELATING TO EXCESS WATERING.
Rec: Waive further reading and adopt.
Action:
XIV. NEW BUSINESS
A. REQUEST FOR CITY COUNCIL REVIEW OF THE APPROVAL OF THE
STORAGE OF A RECREATIONAL VEHICLE (RV) IN THE SIDE YARD
OF A RESIDENCE LOCATED AT 73-526 IRONWOOD STREET Case
No. MISC 09-482 (Stanley R. Smith, Applicant).
Rec: By Minute Motion, provide direction on permitting the location to
store a recreational vehicle (RV) in the side yard of a residence
located at 73-526 Ironwood Street.
Action:
B. REQUEST FOR AUTHORIZATION OF A TEMPORARY USE PERMIT
AND ONE-YEAR LEASE AGREEMENT WITH PALM DESERT RC
RACEWAY/CHRIS MARRALE AND DONNA PISZCZOR FOR THE USE
OF A REMOTE-CONTROLLED CAR RACETRACK - SUBJECT
PROPERTY IS VACANT, CITY-OWNED PARCEL LOCATED ON
PAINTERS PATH WEST OF THE DESERT CROSSING SHOPPING
CENTER (APN 640-091-010) Case No. TUP 09-443 (Palm Desert RC
Raceway/Chris Marrale & Donna Piszczor, Applicants).
Rec: By Minute Motion, authorize: 1) Director of Community
Development to issue Temporary Use Permit No. 09-443, allowing
the operation of an RC racetrack on said property; 2) Mayor to
execute a one-year Lease Agreement with Palm Desert RC
Raceway/Chris Marrale and Donna Piszczor for said property
(Contract No. C29460).
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2010
C. REQUEST FOR DIRECTION CONCERNING A TEMPORARY USE
PERMIT TO OPERATE CIRCUS VARGAS AT THE WESTFIELD MALL,
JANUARY 26-31, 2010.
Rec: By Minute Motion, direct staff to approve or deny the proposed
Temporary Use for Circus Vargas at Westfield Mall.
Action:
D. REQUEST FOR DIRECTION REGARDING A PROPOSED CONDITIONAL
USE PERMIT BY THE CITY OF LA QUINTA FOR NINE, 90-FOOT TALL
LIGHT POLES FOR EVENING SOCCER PRACTICE AT COLONEL
MITCHELL PAIGE MIDDLE SCHOOL, LOCATED AT THE SOUTHEAST
CORNER OF WASHINGTON STREET AND PALM ROYALE DRIVE.
Rec: By Minute Motion, provide a position to take regarding a proposed
Conditional Use Permit by the City of La Quinta for nine, 90-foot tall
light poles for evening soccer practice at Colonel Mitchell Paige Middle
School, located at the southeast corner of Washington Street and
Palm Royale Drive.
Action:
E. REQUEST FOR AUTHORIZATION TO RELEASE RETAINAGE IN THE
AMOUNT OF $88,283.85 TO THE WESTFIELD CORPORATION, INC.,
FOR WESTFIELD PALM DESERT (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY).
Rec: By Minute Motion, authorize release of retainage in the amount of
$88,283.85 to the Westfield Corporation, per the Parking Easement
Agreement dated December 9, 1999 (Contract No. C16920) - funds
are available in Account No. 456-0000-206-0000.
Action:
F. CONSIDERATION OF PROPOSAL FOR A JOINT ADOPTION/SPAY &
NEUTER EVENT WITH RIVERSIDE COUNTY DEPARTMENT OF ANIMAL
SERVICES TO BE CONDUCTED IN CONJUNCTION WITH THE CITY'S
LOW-COST VACCINE CLINIC ON FEBRUARY 20, 2010, AT CIVIC
CENTER PARK.
Rec: By Minute Motion: 1) Approve a Joint Adoption / Spay & Neuter Event
with Riverside County Department of Animal Services to be conducted
in conjunction with the City's Low-cost Vaccine Clinic on Saturday,
February 20, 2010, at Civic Center Park; 2) authorize the expenditure
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2010
of $6,623 from Account No. 110-4230-442-3090 for this purpose,
utilizing monies budgeted for Animal Services contingencies.
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
A. REQUEST FOR CITY COUNCIL REVIEW OF THE CONSTRUCTION,
OPERATION, AND MAINTENANCE OF A NEW, 55-FOOT HIGH T-
MOBILE MONO-PALM WIRELESS TELECOMMUNICATIONS FACILITY
CONSISTING OF SIX PANEL ANTENNAS, TWO GPS ANTENNAS, ONE
EMERGENCY GENERATOR, ONE PARABOLIC ANTENNA, SIX BTS
RADIO CABINETS, COAXIAL CABLE RUNNING FROM THE
ANTENNAS TO THE BTS, POWER AND TELCO UTILITY CONNECTION
TO BE INSTALLED AT 47-900 PORTOLA AVENUE (APN 630-250-045)
Case No. CUP 09-236 (Omnipoint Communications, Inc., Applicant).
Rec: Waive further reading and adopt Resolution No. 2010-2, approving
CUP No. 09-236, subject to conditions.
Action:
B. REQUEST FOR ACCEPTANCE OF CAL COPS SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUNDING (SLESF) GRANT AWARD FOR
2009-2010.
Rec: By Minute Motion, accept the CalCOPS Supplemental Law
Enforcement Services Funding (SLESF) grant award of $100,000
to cover the cost for the 2009 Holiday Theft Supression program
and the acquisition of necessary equipment, services, and supplies
to support front-line law enforcement services.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2010
C. CONSIDERATION OF AMENDMENTS TO THE PALM DESERT
ENERGY INDEPENDENCE PROGRAM (EIP) REPORT; FIRST
READING OF AN ORDINANCE AMENDING CHAPTER 3.30 OF TITLE 3
OF THE PALM DESERT MUNICIPAL CODE; AUTHORIZING THE
ISSUANCE OF ONE OR MORE SERIES OF LIMITED OBLIGATION
IMPROVEMENT BONDS TO THE PALM DESERT REDEVELOPMENT
AGENCY TO ADDITIONALLY FUND THE EIP, A VALIDATION
PROCEEDING IN CONNECTION WITH EIP LIMITED OBLIGATION
IMPROVEMENT BONDS, A NO-ACTION LETTER REQUEST TO THE
U.S. SECURITIES & EXCHANGE COMMISSION TO FACILITATE THE
PUBLIC OFFERING OF EIP LIMITED OBLIGATION IMPROVEMENT
BONDS, AND CITY ADVANCE TO ENERGY INDEPENDENCE FUND;
AND APPROVAL OF RELATED DOCUMENTS (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Rec: 1) Conduct public hearing regarding proposed amendments to
the EIP Report.
2) Waive further reading and adopt City Council Resolution No. 2010-3,
approving Amendments to the Energy Independence Program Report and
Administrative Guidelines Prepared Pursuant to Section 5898.22 of the
California Streets and Highways Code.
3) Waive further reading and pass Ordinance No. 1204 to second reading,
amending Chapter 3.30 of Title 3 of the Palm Desert Municipal Code -
Public Works Contracts and Bidding Requirements.
4) Waive further reading and adopt City Council Resolution No. 2010-4,
providing for the Issuance and Sale of its Energy Independence Program
Limited Obligation Improvement Bonds (Taxable), in One or More Series
and in Aggregate Principal Amount not to exceed $5,000,000; approving
as to form and authorizing the execution and delivery of one or more Bond
Purchase Agreements in connection therewith, and authorizing certain
other matters relating thereto.
5) Waive further reading and adopt Redevelopment Agency Resolution No.
569, authorizing the Redevelopment Agency's investment in and Purchase
of the City of Palm Desert's Energy Independence Program, Limited
Obligation Improvement Bonds (Taxable), in One or More Series and in
Aggregate Principal Amount not to exceed $5,000,000; approving as to
form and authorizing the execution and delivery of one or more Bond
purchase Agreements in connection therewith, and authorizing certain
other matters relating thereto.
6) Waive further reading and adopt City Council Resolution No. 2010-5,
authorizing Judicial Validation Proceedings relating to its Energy
Independence Program, Limited Obligation Improvement Bonds, and a No-
action Letter Request to the U.S. Securities & Exchange Commission,
appropriating moneys from the General Fund to additionally fund the
Program, and approving additional actions related thereto.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2010
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
B. CITY ATTORNEY
C. CITY CLERK
1. Reminder of Joint City Council - Redevelopment Agency Study
Session, Thursday, January 28, 2010, 2:00 p.m., Administrative
Conference Room, to Receive Presentation from the Coachella Valley
Economic Partnership (CVEP).
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
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2010
FUTURE MEETINGS:
January 11, 2010 3:00 p.m. Spec. Citizens’ Adv. Cmte.-Proj. Area #4
(In place of Jan. 18, 2010, 3:00 p.m.)
Administrative Conference Room
January 19, 2010 6:00 p.m. Planning Commission
Civic Center Council Chamber
January 20, 2010 11:30 a.m. Landscape Beautification Committee
Public Works Conference Room
3:00 p.m. Library Promotion Committee
Administrative Conference Room
January 26, 2010 10:00 a.m. Audit, Investment & Finance Committee
North Wing Conference Room
10:00 a.m. Cultural Resources Presv. Committee
Administrative Conference Room
12:00 p.m. Architectural Review Commission
Community Services Conference Room
2:00 p.m. Adj. Marketing Committee
Administrative Conference Room
January 27, 2010 9:00 a.m. Adj. Art in Public Places Commission
Community Services Conference Room
January 28, 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 8 day of January, 2010.
___________________________
Rachelle D. Klassen, City Clerk
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