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Home My WebLink AboutAGENDA 08 JUN 2006 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 08, 2006 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) APN's 625-132-032 and 625-132-046 Negotiating Parties: Richard R. Oliphant and Justin McCarthy/Lauri Aylaian Agency: Justin McCarthy/Lauri Aylaian/Palm Desert Redevelopment Property Owner: Richard R. Oliphant & Associates Other Parties: Under Negotiation: X Price X Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): V. RECONVENE REGULAR MEETING - 4:00 P.M. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 VI. PLEDGE OF ALLEGIANCE - Vice Chairman Richard S. Kelly VII. INVOCATION - Member Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS 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 Redevlelopment Agency Meeting of May 25, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant No. 231RDA, 235RDA, 240RDA, 232-Housing, 236-Housing, 241- Housing, 233HA, 237HA, and 242HA. Rec: Receive and File. C. REQUEST FOR APPROVAL of Amendment No. 4 to contract No. R22730 for Civil Engineering Services for Falcon Crest and the La Rocca Villas. Rec: By Minute Motion: 1) Approve Contract Amendment No. 4 to the subject contract with MSA Consulting, Rancho Mirage, California, for reimbursables in an amount not to exceed $2,500; 2) authorize the Chairman to execute same; 3) authorize the Director of Finance to transfer $2,500 from contingency to base for the project - funds are available in Account No. 870-4698-466-4001. XI. CONSENT ITEMS HELD OVER 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 XII. RESOLUTIONS XIII. NEW BUSINESS A. REQUEST FOR APPROVAL OF TRANSFER OF THE DISPOSITION AND DEVELOPMENT AGREEMENT AS AMENDED, THE DEVELOPMENT AGREEMENT, AND RELATED DOCUMENTS RELATING TO THE ENTITLEMENT AND REMAINING DEVELOPMENT OBLIGATIONS FOR A PORTION OF THE DESERT WILLOW TIMESHARE DEVELOPMENT FROM RESORT VENTURES, LP TO WVC RANCHO MIRAGE, INC. (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Rec: By Minute Motion, that the Agency Board approve: 1) Transfer from Resort Ventures, LP, a California limited partnership to WVC Rancho Mirage, Inc., a Delaware Corporation, of portions of that certain Disposition and Development Agreement dated February 13, 1997 (as amended August 1, 1997, and January 23, 2003, the "DDA") and the Development Agreement DA 96-1 dated February 27, 1997 (the "DA"); 2) a Golf Course Use Agreement; 3) an Amendment to Declaration of Covenants, Conditions, and Restrictions (Subject Property); 4) an Amendment to Declarations of Covenants, Conditions, and Restrictions (Golf Course); 5) authorize the Executive Director /City Manager to execute such documents and take other steps as are necessary to accomplish subject transfer. Action: B. REQUEST FOR APPROVAL OF A GRANT DEED FOR THE CONVEYANCE OF ADDITIONAL STREET RIGHT-OF-WAY ALONG PORTOLA AVENUE NORTH OF EL CORTEZ WAY. Rec: By Minute Motion, authorize the Chairman to execute a Grant Deed for the conveyance of additional street right-of-way along Portola Avenue and north of El Cortez Way. Action: XIV. CONTINUED BUSINESS 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 XV. OLD BUSINESS XVI. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO THE THIRD FIVE-YEAR IMPLEMENTATION PLAN OF THE PALM DESERT REDEVELOPMENT AGENCY (FY 2004-05 THROUGH 2008-09). Rec: 1) Open a public hearing before the Agency Board, receive public testimony and comment, and after hearing such testimony and comment, close the public hearing and: 2) Waive further reading and adopt Agency Resolution No. 526. adopting an Amendment to the Agency's Third Five-Year Implementation Plan (FY 2004-05 through 2008-09). Action: B. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE ISSUANCE AND SALE OF TAX ALLOCATION REVENUE BONDS BY THE PALM DESERT FINANCING AUTHORITY FOR PROJECT AREA NO. 1, AS AMENDED (JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY AND THE PALM DESERT CITY COUNCIL). Rec: Open a public hearing before the City Council, receive public testimony and comment, and after hearing such testimony and comment, close the public hearing and: Waive further reading and adopt the following resolutions relating to Project Area No. 1, As Amended, Bonds: 2) City Council Resolution No. 06-74, supplementing Resolution No. 06-56 and further making a finding of significant public benefit and other findings in connection with the issuance and sale by the Palm Desert Financing Authority of the Authority's Tax Allocation Revenue Bonds (Project Area No. 1, As Amended), 2006 Series A (Tax-Exempt), and Tax Allocation Refunding Revenue Bonds (Project Area No. 1, As Amended), 2006 Series B (Taxable) 3) Financing Authority Resolution No. FA-55, acknowledging a finding of significant public benefit and affirming certain matters in connection with the issuance and sale of the Authority's Tax Allocation Revenue Bonds (Project Area No. 1, As Amended), 2006 Series A (Tax-Exempt), and Tax Allocation Refunding Revenue Bonds 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 (Project Area No. 1, As Amended), 2006 Series B (Taxable), and approving the issuance, sale, and delivery of such bonds. 4) Agency Resolution No. 527, affirming the Agency's approval of documents and certain other matters relating to the sale and issuance by the Palm Desert Financing Authority of Tax Allocation Revenue Bonds (Project Area No. 1, As Amended), 2006 Series A, and Tax Allocation Refunding Revenue Bonds (Project Area No. 1, As Amended), 2006 Series B (Taxable). Action: C. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE ISSUANCE AND SALE OF TAX ALLOCATION REVENUE BONDS BY THE PALM DESERT FINANCING AUTHORITY FOR PROJECT AREA NO. 2 (JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY AND THE PALM DESERT CITY COUNCIL). Rec: 1) Open a public hearing before the City Council, receive public testimony and comment, and after hearing such testimony and comment, close the public hearing and: Waive further reading and adopt the following resolutions relating to Project Area No. 2 Bonds. 2) City Council Resolution No. 06-75, making a finding of significant public benefit and other findings in connection with the issuance and sale by the Palm Desert Financing Authority of the Authority's Tax Allocation Refunding Revenue Bonds (Project Area No. 2), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series B, Tax Allocation Revenue Bonds (Project Area No. 2), 2006 Series C, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series D. 3) Financing Authority Resolution No. FA-56, acknowledging a finding of significant public benefit in connection with the issuance and sale of the Authority's Tax Allocation Refunding Revenue Bonds (Project Area No. 2), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series B, Tax Allocation Revenue Bonds (Project Area No. 2), 2006 Series C, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series D, and approving the issuance, sale, and delivery of such bonds and authorizing certain other matters relating thereto. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 4) Agency Resolution No. 528, approving certain documents in connection with the sale and issuance by the Palm Desert Financing Authority of Tax Allocation Refunding Revenue Bonds (Project Area No. 2), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series B, Tax Allocation Revenue Bonds (Project Area No. 2), 2006 Series C, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series D, and authorizing certain other related matters. Action: D. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE ISSUANCE AND SALE OF TAX ALLOCATION REVENUE BONDS BY THE PALM DESERT FINANCING AUTHORITY FOR PROJECT AREA NO. 3 (JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY AND THE PALM DESERT CITY COUNCIL). Rec: 1) Open a public hearing before the City Council, receive public testimony and comment, and after hearing such testimony and comment, close the public hearing and: Waive further reading and adopt the following resolutions relating to Project Area No. 3 Bonds: 2) City Council Resolution No. 06-76, making a finding of significant public benefit and other findings in connection with the issuance and sale by the Palm Desert Financing Authority of the Authority's Tax Allocation Revenue Bonds (Project Area No. 3), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 3), 2006 Series B, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 3) 2006 Series C. 3) Financing Authority Resolution No. FA-57, acknowledging a finding of significant public benefit in connection with the issuance and sale of the Authority's Tax Allocation Revenue Bonds (Project Area No. 3), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 3), 2006 Series B, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 3), 2006 Series C, and approving the issuance, sale, and delivery of such bonds and authorizing certain other matters relating thereto. 4) Agency Resolution No. 529, approving certain documents in connection with the sale and issuance by the Palm Desert Financing Authority of Tax Allocation Revenue Bonds (Project Area No. 3), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 3), 2006 Series B, and Subordinate Tax Allocation 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 Revenue Capital Appreciation Bonds (Project Area No. 3), 2006 Series C, and Authorizing Certain other related matters. Action: E. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE ISSUANCE AND SALE OF TAX ALLOCATION REVENUE BONDS BY THE PALM DESERT FINANCING AUTHORITY FOR PROJECT AREA NO. 4 (JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY AND THE PALM DESERT CITY COUNCIL). Rec: 1) Open a public hearing before the City Council, receive public testimony and comment, and after hearing such testimony and comment, close the public hearing and: Waive further reading and adopt the following resolutions relating to Project Area No. 4 Bonds: 2) City Council Resolution No. 06-77, making a finding of significant public benefit and other findings in connection with the issuance and sale by the Palm Desert Financing Authority of the Authority's Tax Allocation Refunding Revenue Bonds (Project Area No. 4), 2006 Series A, and Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 4), 2006 Series B. 3) Financing Authority Resolution No. FA-58, acknowledging a finding of significant public benefit in connection with the issuance and sale of the Authority's Tax Allocation Refunding Revenue Bonds (Project Area No. 4), 2006 Series A, and Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 4), 2006 Series B, and approving the issuance, sale, and delivery of such bonds and authorizing certain other matters relating thereto. 4) Agency Resolution No. 530, approving certain documents in nnection with the sale and issuance by the Palm Desert Financing Authority of Tax Allocation Refunding Revenue Bonds (Project Area No. 4), 2006 Series A, and Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 4), 2006 Series B, Tax Allocation Revenue Bonds (Project Area No. 2), and authorizing certain other related matters. Action: XVII. REPORTS AND REMARKS A. CITY MANAGER 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 B. CITY ATTORNEY C. CITY CLERK 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: XVIII. ADJOURNMENT FUTURE MEETINGS: June 13, 2006 12:00 p.m. Architectural Review Commission Community Services Conference Room June 14, 2006 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room June 15, 2006 3:00 p.m. Sister Cities Committee Administrative Conference Room June 19, 2006 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room June 20, 2006 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber June 21, 2006 9:00 a.m. Art In Public Places Commission Visitor Center – 72567 Highway 111 3:00 p.m. Library Promotion Committee 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 2006 Administrative Conference Room June 22, 2006 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 2nd day of June, 2006. Rachelle D. Klassen, City Clerk 9