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HomeMy WebLinkAbout2012-10-25 AGENDAPOSTED AGENDA Regular Meetings of The Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Palm Desert Housing Authority, for Thursday, October 25, 2012 Civic Center Council. Chamber 73510 Fred Waring Drive, Palm Desert, CA 92260 c�r Please set your pagers and cell phones to silence mode. -E3 3:00 P.M. — Closed Session 4:00 P.M. — Regular Session and Public Hearings • October9-30—Vote-By-Mai/Application Periodfor November 6,2012, Consolidated Presidential General Election. • October 9 - November 5 — Early/Emergency Voting available at Riverside County Registrar of Voters Office, 2724 Gateway Drive, Riverside, CA. • October 22 — Last Day to register to vote or change address for the November 6, 2012, Consolidated Presidential General Election. • October 26 - 28 — Early/Emergency Voting available, 10:00 a.m. - 5:00 p.m., at Westfield Palm Desert, 72-840 Highway 111, Palm Desert. • November 6 - Election Day- Polls Open 7:00 a.m. - 8:00 p.m. Assistive Listening Devices available upon request. Please contact the City Clerk's Office, 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346-0611, for assistance with access to any of the Agenda, materials, or participation at the Meeting. Palm Desert City Council Robert A. Spiegel, Mayor William R. Kroonen, Mayor Pro-Tempore Jean M. Benson, Councilmember Cindy Finerty, Councilmember Jan C. Harnik, Councilmember Staff John M. Wohlmuth, City Manager David J. Erwin, City Attorney Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Grace L. Mendoza, Deputy City Clerk Stephen Y. Aryan, Risk Manager POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 26, 2012 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 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, Successor Agency to the`Palm Desert 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, Successor Agency, or Housing Authority Boards. Because the. Brown Act does not allow the City Council, Successor Agency, or Housing Authority Boards to take action on items not on the Agenda, members will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at afuture City Council, Successor Agency, or Housing Authority meeting. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 1. Pasternack v. Fagel, Bighorn, and City of Palm Desert, Riverside County Superior Court, Case No. INC 1206949 B. Conference with Legal Counsel regarding significant exposure to'litigation pursuant to Government Code Section 54956.'9(b): Number of potential cases: 2 C. Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 POSTED AGENDA � REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 2012 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 - Councilmember Jean M. Benson VII. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. Action: B. GENERAL ORAL COMMUNICATIONS. Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Successor Agency to the Palm Desert 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, Successor Agency to the Palm Desert Redevelopment Agency, or Housing Authority Boards. Because the Brown Act does not allow the City Council, Successor Agency to the Palm Desert Redevelopment Agency, or Housing Authority Boards to take action on items not on the Agenda, members will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at a future City Council, Successor Agency to the Palm Desert 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., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF 2012 "MINI -MUSTER" FIRE SAFETY PROGRAM RECOGNITION AND ARTWORK AWARD CERTIFICATES. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 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 October 11, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 73, 77, 78, and 82. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of July 2012 and August 2012 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pueblo Viejo Grill, 36-901 Cook Street, Suites 3 & 4, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meeting of July 24, 2012. 2. Parks & Recreation Commission Meeting of. September4, 2012. Rec: Receive and file. F. RESOLUTION NO. 2012 - 68 -A Resolution of the City Council of the City of Palm Desert, California, Authorizing the Destruction of Paper Records From the Department of Finance that Have Been Digitally Imaged (Accounts Payable Records for Years Up,to FY 2009-2010). Rec: Waive further reading and adopt. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 G. REQUEST FOR AUTHORIZATION forthe Director of Finance to Extend and Execute the Merchant Services Agreement for Processing Payment Card Transactions at Desert Willow Golf Resort (Contract No. C32310). Rec: By Minute Motion, authorize the Director of Finance to extend the existing contractwith Electronic Transaction Systems (ETS)—annual fees paid to payment card companies (Visa/MasterCard/Discover/AMEX) and ETS are budgeted at $201,431 (approximately 2% of sales). H. REQUEST FOR REASSIGNMENT of Benefits and Obligations Under Contract for an Artwork in the 2013/2014 El Paseo Invitational Exhibition (Contract No. C31730R). Rec: By Minute Motion, approve: 1) Reassignment of the benefits and obligations under the subject contract for an artwork in the 2013/2014 El Paseo Invitational Exhibition; 2) approve the honorarium of $2,525 for the participating artist — funds are available in Account No. 436-4650-454-4002 for FY 2012-2013. REQUEST FOR AUTHORIZATION to Exercise Option of the First of Two, One-year Extensions to Contract with Office Depot for Procurement of General'Office Supplies for the City of Palm Desert (Contract No. C31281). Rec: By Minute Motion, authorize exercising the option of the first of two, one-year extensions to the subject contract with Office Depot, effective October 27, 2012, for the procurement of general office supplies -for the City of Palm Desert. J. REQUEST FOR APPROVAL of Exception to Palm Desert Municipal Code Section 9.58.010—Consumption ofAlcoholic Beverages on Public Property - for Various Private Events at the Palm Springs Art Museum -Palm Desert (The Galen) Located at 72-567 Highway 111. Rec: By Minute Motion: 1) Ratify approval of an exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property -for two private events (Oct. 13, 2012, and Oct. 20, 2012) at the Palm Springs Art Museum -Palm Desert (The Galen) located at 72-567 Highway 111; 2) approve an exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property -for numerous private events (Oct. 30, 2012; Nov. 10, 2012; Nov. 13, 2012; Nov. 14, 2012; Nov. 15, 2012) at the Palm Springs Art Museum -Palm Desert (The Galen) located at 72-567 Highway 111. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 K. REQUEST FOR APPROVAL of Correspondence to the City's State Legislative Representatives to Address Modifications for Correcting Issues with the AB 109 (Realignment) Legislation. Rec: By Minute Motion, approve submitting correspondence to the City's State Legislative Representatives to address modifications for correcting issues with AB 109 (Realignment). Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: ORDINANCE NO. 1251—AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT TO THE PRIOR APPROVALS FOR VILLA PORTOFINO (SOUTHWEST CORNER OF PORTOLA AVENUE AND COUNTRY CLUB DRIVE), INCLUDING: A 161-BED SKILLED NURSING FACILITY, A 150-BED ASSISTED LIVING FACILITY, 288 VILLA UNITS, AND 182 CASITA .UNITS, Case No. DA 11-516 (VP Builders, LLC / Country Club Drive Investors, LLC, Applicants). Rec: Waive further reading and adopt. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 XIV. NEW BUSINESS A., CONSIDERATION OF REQUEST FOR PERMISSION TO USE THE TITLE OF "MISS PALM DESERT' TO COMPETE IN THE MISS TEEN CALIFORNIA PAGEANT (Patty Roth On Behalf of Miss Chloe Sharp, Applicant). Rec: By Minute Motion, provide direction regarding this request. Action: B. REQUEST FOR APPROVAL OF SUPPORT FOR THE 2013 AEG AMGEN BIKE TOUR OF CALIFORNIA. Rec: By Minute Motion: 1) Approve support for the 2013 AEG Amgen Bike Tour of California; 2) approve, in concept, designated street closures (with final street closures to be determined by final route approval); 3) approve in -kind Police and Public Works support for the event. I Action: C. REQUEST FOR AUTHORIZATION TO UTILIZE FRAZER, LTD., HOUSTON, TEXAS, TO REFURBISH AND REMOUNT PALM DESERT MEDIC UNIT NO. 233 IN AN AMOUNT NOT TO EXCEED $109,500. Rec: By Minute Motion: 1) Approve the refurbishing and remounting of Palm Desert Medic Unit No. 233 by Frazer, Ltd., Houston, Texas, in an amount not to exceed $109,500; 2) appropriate $109,500 from the Unobligated Equipment Replacement Fund to Account No. 530-4195-415-4030 for the refurbishing and remounting of Palm Desert Medic Unit No. 233 by Frazer, Ltd., Houston, Texas; 3) approve Out -of -State Travel for one Fire Department representative to travel to Houston, Texas, to inspect refurbished Medic Unit No. 233. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 D. REQUEST FOR AUTHORIZATION TO CONVEY REAL PROPERTY KNOWN AS APN 637-071-002 FROM THE CITY OF PALM DESERT TO THE SUCCESSOR AGENCYTO THE PALM DESERT REDEVELOPMENT AGENCY (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Waive further reading and adopt Resolution No. 2012 - 69, authorizing and approving the conveyance of real property known as APN 637-071-002 to the Successor Agency to the Palm Desert Redevelopment Agency. 2) Waive further reading and adopt Resolution No. SA -RDA 013, accepting the conveyance of real property known as APN 637-071-002. 3) By Minute Motion, authorize the Mayor/Chair to execute any and all documents necessary for the conveyance. Action: XV. CONTINUED BUSINESS A. REQUEST FOR DIRECTION TO STAFF ON THE ADMINISTRATION OF CITY COUNCILMEMBER BENEFITS (Continued from the meetings of August 23, September 27, and October 11, 2012). Rec: 1) Consider information to be provided by City Attorney. 2) By Minute Motion, direct staff on the administration of City Councilmember Benefits. Action: B. REQUEST FOR ACCEPTANCE OF WORK FOR CONTRACT NO. C31720 — REPLACEMENT AND MODIFICATION OF THE KITCHEN AIR CONDITIONING AT DESERT WILLOW GOLF RESORT (Quality Mechanical Professionals, Inc., El Cajon, CA) (Continued from the meeting of October 11, 2012). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of October 1 - 12, 2012. Rec: Receive and file. Action: B. CITY ATTORNEY C. CITY CLERK 1. Announcement of Successor Agency to the Palm Desert Redevelopment Agency Study Session on Thursday, November 15, 2012, at 2:00 p.m. - Discussion About Successor Agency: 1) Bonds; 2) Bond -funded Projects; 3) Property. Action: D. PUBLIC SAFETY 1. Fire Department 2. Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: 2. City Council Consideration of Travel Requests and Reports: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2012 3. City Council Committee Reports: 4. City Council Comments: 5. Suggested Items for Future City Council Meeting Agendas: XIX. ADJOURNMENT FUTURE MEETINGS: October 30, 2012 10:00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room November 5, 2012 1:30 p.m. Oversight Board Administrative Conference Room 6:00 p.m. Youth Committee Administrative Conference Room November 6, 2012 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber November 8, 2012 3:00 p.m. Reg. City Council -Successor RDA Mtgs. -CANCELED- Adjourn to Nov. 15 November 13, 2012 12:00 p.m. Architectural Review Commission Community Services Conference Room November 14, 2012 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room November 15, 2012 3:00 p.m. Adj. Reg. City Council/SA-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 19th day of October, 2012. I R chelle D. Klassen, City elerk