HomeMy WebLinkAboutAGENDA 28 AUG 2014POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 28, 2014
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
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, Successor Agency to the Palm Desert Redevelopment Agency, or Housing
Authority Boards at this point by stepping to the lectern and aivina 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 a future City Council, Successor Agency, or Housing
Authority meeting.
IV. ADJOURN TO CLOSED SESSION
Reauest for Closed Session:
A. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
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 - Councilmember Jean M. Benson
VII. INVOCATION - Councilman Robert A. Spiegel
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
VIII. ORAL COMMUNICATIONS - B
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 aivina 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 TO RECOGNIZE DEAN DOWTY FOR HIS SERVICE TO
THE CITY OF PALM DESERT AND ITS PARKS & RECREATION
COMMISSION, 2011 - 2014.
Action:
B. PRESENTATION OF PROCLAMATION DECLARING NOVEMBER 20, 2014,
AS "TRANSGENDER DAY OF REMEMBRANCE" IN THE CITY OF PALM
DESERT.
Action:
C. INTRODUCTION OF NEW DEAN OF THE PALM DESERT CAMPUS OF
CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO,
DR. SHARON BROWN-WELTY.
Action:
2
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
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 July 10, July 24, and
August 14, 2014.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 268, 273, 274, 275, 1, 4, 5, 8, 9, 10, 12, 14, 18, 22, 25, 26, 31, 34, 35,
and 40.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#7421 by Mario Pena De La Fuente in the
Amount of $25,000.
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 Month of
May 2014 (Joint Consideration with the Successor Agency to the
Palm Desert Redevelopment Agency).
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Haru Sushi,
72286 Highway 111, Suite J5, Palm Desert.
Rec: Receive and file.
F APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Manhattan in
Palm Desert Inc., 74225 Highway 111, Suite B, Palm Desert.
Rec: Receive and file.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pueblo Viejo
Grill, 72620 El Paseo, Palm Desert.
Rec: Receive and file.
H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Red Lobster#6378, 72291 Highway 111, Palm Desert.
Rec: Receive and file.
I. CITY COMMITTEE AND COMMISSION MINUTES.
1. Art In Public Places Commission Meeting of June 18, 2014.
2. Audit, Investment & Finance Committee Meeting of May 27, 2014.
3. Marketing Committee Meeting of May 20, 2014.
Rec: Receive and file.
J. REQUEST FOR DECLARATION of Surplus Vehicles and Authorization for
Disposal As Proposed.
Rec: By Minute Motion, declare the vehicles and equipment listed in the
accompanying staff report as surplus and authorize disposal as
proposed.
K. REQUEST FOR AUTHORIZATION to Streamline Use of Vendors for the
Finance Department and its Oversight of the Parkview and Henderson
Buildings by Granting an Exception to Bidding Requirements and Approving
the Finance Department's Various Vendors and Qualified Service Providers
List for the Period of October 1, 2014, through September 30, 2015.
Rec: By Minute Motion, authorize the streamlined use of vendors for the
Finance Department and its oversight of the Parkview and Henderson
Buildings by granting an exception to bidding requirements and
approving the Finance Department's Various Vendors and Qualified
Service Providers List for the period of October 1, 2014 -
September 30, 2015.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
L. REQUEST FOR APPROVAL of the Use of Desert Recycling, Inc., for Dump
Fees During Fiscal Year 2014-2015 in an Amount Not to Exceed $40,000.
Rec: By Minute Motion, approve the use of Desert Recycling, Inc.,
Thousand Palms, California, for dump fees during FY 2014-2015 in an
amount not to exceed $40,000 — funds are available in General Fund
Account No. 110-4310-433-3320 - R/M Streets.
M. REQUEST FOR ACCEPTANCE of Bid from Pride Industries for Printing of
the 2015 City Calendar.
Rec: By Minute Motion: 1) Accept the bid from Pride Industries, Roseville,
California, for printing of the City's annual Calendar for 2015 in the
amount of $12,030; 2) authorize the Mayor to execute same — funds
are available in the 2014-2015 Marketing Budget, Account
No. 110-4417-414-3091.
N. REQUEST FOR RATIFICATION of the City Manager's Approval for
Monitoring of the GPS System in the Amount of $9,888.20 and For Approval
of the Second Phase of the GPS Tracking System Installation in the Amount
of $22,500.
Rec: By Minute Motion: 1) Ratify the City Manager's approval for the
monitoring of the GPS system in 33 City vehicles for FY 2014-2015 in
the amount of $9,888.20; 2) approve the purchase and installation of
the GPS system and monitoring cost for the remaining City vehicles
in FY 2014-2015 in the amount of $22,500 — funds are available in
FY 2014-2015 in Account Nos. 530-4195-415-4030 - Fleet Equipment
Replacement and 110-4314-413-3340 - R/M Motor Vehicles Fleet.
O. REQUEST FOR RATIFICATION of the City Manager's Approval of Extending
Contract with Prudential Overall Supply for Industrial Uniform Rental and
Laundry Services in the Amount of $5,324.80 (Contract No. C31651).
Rec: By Minute Motion: 1) Ratify the City Manager's approval of extending
the subject contract with Prudential Overall Supply; 2) approve
Contract No. C31651. the first one-year extension, with Prudential
Overall Supply for Industrial Uniform Rental and Laundry Services in
the amount of $5,324.80 — funds are available in General Fund
Account No. 110-4310-433-3320 - Supplies -Uniform Rental.
5
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
P REQUEST FOR APPROVAL of the Purchase of "Duality" by Heath Satow in
the Amount of $24,000 and Authorize Mayor to Execute a Contract for
Purchase of Artwork (Contract No. C31730).
Rec: By Minute Motion, approve purchase of "Duality" by Heath Satow in
the amount of $24,000 and authorize the Mayor to execute a contract
for purchase of artwork — funds are available in Account
No. 436-4650-454-4001.
Q. REQUEST FOR ACCEPTANCE of Donation of "Urban Tree" by
Carlos Basanta to the City's Public Art Collection from the Artist and
Authorize Mayor to Sign Deed of Gift to City of Palm Desert Form.
Rec: By Minute Motion: 1) Approve acceptance of the donation of
"Urban Tree" by Carlos Basanta to the City's Public Art Collection
from the artist; 2) authorize the Mayor to sign Deed of Gift to City of
Palm Desert form.
R. REQUEST FOR APPROVAL of Contract with Anthem Blue Cross of
California to Provide an Employee Assistance Program (EAP) (Contract
No. C33880).
Rec: By Minute Motion, approve the subject contract with Anthem Blue
Cross of California to provide an Employee Assistance Program (EAP)
and authorize the City Manager to finalize and execute — funds in the
amount of approximately $3,300 annually are available in FY 2014-
2015 Budget in Account No. 110-4154-415-3090 - Human Resources
Professional -Other.
S. REQUEST FOR APPROVAL of Amendment No. 1 to Contract with Quality
Code Publishing, LLC, for Codification, Editorial, and Supplement Services
Associated with Maintaining the Palm Desert Municipal Code, Increasing the
Per -page Rate for Printed Supplements by $2.00 (from $20.00 to $22.00)
Each (Contract No. C23170).
Rec: By Minute Motion, approve Amendment No. 1 to the subject contract
with Quality Code Publishing, LLC, Seattle, Washington, increasing
the per -page rate for printed Palm Desert Municipal Code Supplement
pages in each semiannual update by $2.00, from $20.00 to $22.00,
and authorize the Mayor to execute Amendment No. 1 for this
purpose, with all other service charges to remain the same as in
original contract — funds are available in General Fund Account
No. 110-4111-410-3090 - City Clerk Department Professional -Other.
6
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
T REQUEST FOR AUTHORIZATION to Reject All Bids Received in Response
to Solicitation for the Freedom Park Well Site Improvements Project
(Contract No. C23210H, Project No. 713-13).
Rec: By Minute Motion: 1) Reject all bids received for the subject contract;
2) authorize the City Clerk to re -advertise and call for bids for the
project.
U. REQUEST FOR APPROVAL of Amendment No. 1 in the Amount of $5,000
to Contract with FG Creative, Inc., for Expenditures Related to the El Paseo
Business Improvement District (Contract No. C31981).
Rec: By Minute Motion: 1) Approve Amendment No. 1 in the amount of
$5,000 to the subject contract with FG Creative, Inc., Palm Desert,
California; 2) authorize the Mayor to execute same — funds are
available in Account No. 271-4491-464-3215.
V REQUEST FOR APPROVAL of Amendment No. 1 in the Amount of $4,000
to Contract with CleanStreet for Parking Lot Sweeping Services (Contract
No. C32720).
Rec: By Minute Motion: 1) Approve Contract Amendment No. 1 in the
amount of $4,000 to the subject contract with CleanStreet, Gardena,
California, for Parking Lot Sweeping Services; 2) authorize the Mayor
to execute Amendment No. 1 — funds are available in the various
Building and Business Improvement District Accounts.
W. REQUEST FOR APPROVAL of an Increase to Plan Review/Inspection
Service Contract with Scott Fazekas & Associates - Fiscal Year 2013-2014
(Contract No. C32950A).
Rec: By Minute Motion: 1) Authorize an additional $17,700.61 to Account
No. 110-4420-422-3010 related to Professional
Architectural/Engineering (SFA, Irvine, California - Plan Review,
Contract No. C32950A); 2) appropriate $17,700.61 from the
Unobligated General Fund Reserve to FY 2013-2014 Account
No. 110-4420-422-3010 - with cost for Contract Services recoupable
through Plan Check and Building Permit Fees collected for projects.
7
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
X. REQUEST FOR APPROVAL of an Increase to Plan Review/Inspection
Service Contract with Willdan Engineering - Fiscal Year 2014-2015 (Contract
No. C32950B).
Rec: By Minute Motion: 1) Authorize an additional $45,600 to Account
No. 110-4420-422-3010 related to Professional
Architectural/Engineering (Willdan Engineering, San Bernardino,
California - Contract No. C32950B); 2) appropriate $45,600 from the
Unobligated General Fund Reserve to FY 2014-2015 Account
No. 110-4420-422-3010 - with cost for Contract Services recoupable
through Plan Check and Building Permit Fees collected for projects.
Y REQUEST FOR ACCEPTANCE OF WORK for Contract No. C33230 —
2014 Slurry Seal Project (Project No. 751-14) (Pavement Coatings, Inc.,
Jurupa Valley, 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.
Z. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract for
Renovation of the Desert Willow Driving Range Project (Contract
No. C33580).
Rec: By Minute Motion: 1) Ratify Change Order No. 1 in the amount of
$17,900 to the subject contract with Panorama Corp., Alta Loma,
California, for additional work required for the project; 2) authorize
transfer of the 10% contingency amount of $5,353.53 to contract base
for the project; 3) appropriate $12,546.47 from Account
No. 441-4195-495-8092 to the project.
AA. REQUEST FOR APPROVAL of a Grant of Easement to the City of
Palm Desert for Public Use, a Permanent Easement, and Right -of -Way for
Street and Public Utility Purposes Within Julie Lane.
Rec: By Minute Motion, authorize the Mayor to execute a Grant of
Easement to the City of Palm Desert for public use, a permanent
easement, and right-of-way for street and public utility purposes within
Julie Lane.
8
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
BB. REQUEST FOR APPROVAL of Request by the Palm Desert Police
Department to Utilize Asset Forfeiture Funds for the Purchase of Four (4)
Q-Star Technology FlashCAM-880SX Portable Vandalism Deterrent Systems
in the Amount of $30,478.40.
Rec: By Minute Motion, approve the purchase of four (4) Q-Star
Technology FlashCAM-880SX Portable Vandalism Deterrent Systems
from Q-Star Technology, utilizing Asset Forfeiture Funds in the
amount of $30,478.40.
CC. CONSIDERATION of the Legislative Review Committee's Recommendation
to Provide a Letter to the California Public Utilities Commission - Opposing
Southern California Edison's (SCE) 2015 General Rate Case (GRC) Phase 2
Application A.14-06-014.
Rec: By Minute Motion, authorize the Mayor to send a letter of opposition
to the California Public Utilities Commission concerning SCE's 2015
General Rate Case Phase 2 Application (A.14-06-014).
DD. REQUEST FOR AUTHORIZATION for the City's League of California Cities
Voting Delegate to Approve the 2014 Annual Conference Resolution
Concerning the Environmental Impacts of Illegal Marijuana Grows on Both
Private and Public Lands Throughout California.
Rec: By Minute Motion, authorize the City of Palm Desert's League of
California Cities Voting Delegate to approve the 2014 Annual
Conference Resolution (Illegal Marijuana Grows).
EE. INFORMATIONAL REPORT on Sculptures "Awilda" and "Laura" by
Jaume Plensa, Proposed for Installation in the Faye Sarkowsky Sculpture
Garden in the Palm Springs Art Museum In Palm Desert,
72567 Highway 111.
Rec: By Minute Motion, receive and file.
Action:
XI. CONSENT ITEMS HELD OVER
9
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
XII. RESOLUTIONS
A. RESOLUTION NO. 2014 - 74 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE
SUBDIVISION MAP OF PARCEL MAP NO. 36338 IN AVONDALE GOLF
CLUB (Avondale Golf Club, Applicant).
Rec: Waive further reading and adopt.
Action:
B. RESOLUTION NO. 2014 - 75 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE
SUBDIVISION MAP OF PARCEL MAP NO. 36363 FOR THE
CARLOS ORTEGA VILLAS (City of Palm Desert, Applicant).
Rec: Waive further reading and adopt.
Action:
XIII. ORDINANCES
A. For Introduction:
None
B. For Adoption:
None
XIV. NEW BUSINESS
A. CONSIDERATION OF FACADE ENHANCEMENT PROGRAM (FEP)
FUNDING FOR PROJECT LOCATED AT 73930 EL PASEO
(CADO El Paseo 930 LLC, Applicant).
Rec: By Minute Motion: 1) Approve a Facade Enhancement Program
Agreement with El Paseo 930 LLC in an amount not to exceed
$49,999.99 for property located at 73930 El Paseo; 2) appropriate
$49,999.99 from the Economic Development Fund 425 for the subject
Facade Enhancement Program project.
Action:
10
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
B. REQUEST FOR APPROVAL OF THE REIMBURSEMENT OF ART IN
PUBLIC PLACES FEE OF $88,311.96 FOR "LAKE CAHUILLA PALMS" BY
LARRY AND NANCY CUSH FOR THE COACHELLA VALLEY WATER
DISTRICT'S STEVE ROBBINS ADMINISTRATION BUILDING LOCATED AT
75515 HOVLEY LANE EAST, AND FOR APPROVAL OF THE
CORRESPONDING PUBLIC ART AGREEMENT.
Rec: By Minute Motion: 1) Approve reimbursement of the Art In Public
Places Fee in the amount of $88,311.96 for "Lake Cahuilla Palms" by
Larry and Nancy Cush as the Public Art component for the Coachella
Valley Water District Administration Building Located at
75515 Hovley Lane East, Palm Desert — funds are available in
Account No. 436-0000-228-9900; 2) authorize the Mayor to execute
the Public Art Agreement for this project.
Action:
C. REQUEST FOR AWARD OF CONTRACT FOR THE 2014 INTERNALLY
ILLUMINATED STREET NAME SIGN UPGRADE (IISNS) PROJECT TO
SIERRA PACIFIC ELECTRICAL COMPANY IN THE AMOUNT OF $53,186
(CONTRACT NO. C33670, PROJECT NO. 569-15).
Rec: By Minute Motion: 1) Appropriate $24,380 from Unobligated Traffic
Signal Capital Reserve Account to Account No. 234-4250-433-4001;
2) appropriate $9,744.60 from Unobligated Capital Reserve to
Account No. 440-4250-433-4001; 3) award subject contract for the
2014 IISNS Upgrade Project to Sierra Pacific Electrical Company,
Riverside, California, in the amount of $53,186; 4) authorize the
Director of Finance to set aside a 10% contingency in the amount of
$5,318.60; 5) authorize the Mayor to execute the contract
documents — funds are available for this project in General Fund
Account No. 110-4250-433-4001 and also based upon the
aforementioned appropriations.
Action:
11
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
D. REQUEST FOR AWARD OF CONTRACT TO DEDICATED BUILDING
SERVICES, LLC, IN AN AMOUNT NOT TO EXCEED $125,065.50 FOR THE
CITY FACILITIES JANITORIAL CONTRACT (CONTRACT NO. C33740,
PROJECT NO. 771-15).
Rec: By Minute Motion, authorize: 1) Award of subject contract for the City
Facilities Janitorial Services to Dedicated Building Services, LLC,
Studio City, California, in an amount not to exceed $125,065.50
($5,955.50/month); 2) Director of Finance to set aside a 10%
contingency in the amount of $12,506.55; 3) Mayor to execute said
contract —funds are available in Unobligated General Fund to Building
Maintenance Janitorial Services, Account No. 110-4340-413-3326.
Account:
E. REQUEST FOR AWARD OF CONTRACT TO DEDICATED BUILDING
SERVICES, LLC, IN THE AMOUNT OF $122,325 FORA 21-MONTH TERM
TO PERFORM JANITORIAL SERVICES FOR THE CITY OF PALM DESERT
PARKVIEW OFFICE COMPLEX (CONTRACT NO. C33870).
Rec: By Minute Motion, approve the subject contract with Dedicated
Building Services, LLC, Studio City, California, in the amount of
$122,325 for 21 months ($5,825/month) to perform janitorial services
at the City of Palm Desert Parkview Office Complex.
Action:
F REQUEST FOR AUTHORIZATION TO REJECT BID PROTEST AND
AWARD CONTRACT TO CREATIVE CONTRACTORS CORP FOR THE
CIVIC CENTER PLAYGROUND SHADE STRUCTURE REPLACEMENT
PROJECT IN AN AMOUNT NOT TO EXCEED $70,885 (CONTRACT
NO. C33860, PROJECT NO. 725-15).
Rec: By Minute Motion: 1) Reject the bid protest of Aghapy Group, Inc., on
the basis that the bid protest failed to state any grounds upon which
to sustain it; 2) authorize award of the subject contract to Creative
Contractors Corp, Rancho Santa Margarita, California, in an amount
not to exceed $70,885 for the Civic Center Playground Shade
Structure Replacement Project; 3) authorize the Director of Finance
to set aside a 10% contingency for the project in the amount of
$7,088.50; 4) authorize the Mayor to execute said contract —funds are
available in Civic Center Park Fund, Account No. 233-4674-454-4001.
Action:
12
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
G. REQUEST FOR AUTHORIZATION FOR THE MAYOR TO EXECUTE
COACHELLA VALLEY AIR QUALITY ENHANCEMENT GRANTS
(PROJECT NO. 767-15).
Rec: By Minute Motion:
1) Authorize the Mayor to execute Grant Award & Authorization
Agreements for Dinah Shore Drive (Contract No. C33890A)
and for Cal State University Site (Contract No. C33890B).
2) Appropriate $55,450 of AB2766 funds, if applicable, for local
share match, or use General Fund Reserves if AB2766 is not
applicable.
Action:
H. CONSIDERATION OF AND REQUEST FOR DIRECTION TO STAFF
REGARDING THE CITY OF PALM DESERT AND A MULTI -AGENCY
PARTNERSHIP TO PURCHASE, MAINTAIN, AND OPERATE THE
BERMUDA DUNES AIRPORT.
Rec: By Minute Motion:
Action:
1) Receive, review, and consider the Letter of Interest from
Riverside County 4th District Supervisor John Benoit to the City
Manager regarding a Multi -Agency Partnership to purchase,
maintain, and operate the Bermuda Dunes Airport Facility.
2) Direct City staff as to subsequent due diligence.
13
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
I. REQUEST FOR APPROVAL OF AN EXTENSION TO THE CONTRACT
FOR CITY ATTORNEY SERVICES WITH THE FIRM OF BEST, BEST &
KRIEGER LLP (CONTRACT NO. C28881).
Rec: By Minute Motion, extend the City Attorney Contract with Best, Best &
Krieger LLP, for five (5) years under the same terms and conditions
as the existing (Contract No. C28880).
Action:
J REQUEST FOR APPROVAL OF AN EXTENSION OF THE AGREEMENT
FOR LEGAL SERVICES BY AND AMONG THE SUCCESSOR AGENCY TO
THE PALM DESERT REDEVELOPMENT AGENCY, PALM DESERT
HOUSING AUTHORITY, AND CITY OF PALM DESERT, AND THE FIRM OF
RICHARDS, WATSON & GERSHON (CONTRACT NO. SA28881) (JOINT
CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM
DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT
HOUSING AUTHORITY).
Rec: By Minute Motion:
Action:
1) Approve extension of Contract No. SA28881 (formerly known
as Contract No. R28880) - Agreement for Legal Services to the
City of Palm Desert, Successor Agency to the Palm Desert
Redevelopment Agency, and Palm Desert Housing Authority
with Richards, Watson & Gershon, substantially as to form.
2) Authorize the City Manager/Executive Director and City of
Palm Desert to finalize the Agreement Extension with
Richards, Watson & Gershon, substantially as to form.
3) Authorize the Mayor/Chair/Chairman to execute the finalized
Agreement.
14
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
K. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS
FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS
PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE
HOUSING COST ASSOCIATED WITH A DIRECT SALE IN DESERT ROSE,
75326 KELSEY COURT (JOINT CONSIDERATION WITH THE
PALM DESERT HOUSING AUTHORITY).
Rec: By Minute Motion:
Action:
1) Approve a silent down payment assistance loan associated
with a direct sale in Desert Rose, not to exceed 40% of the
sales price of the home, to ensure an affordable housing cost
pursuant to California Health and Safety Code Section 50052.5
for a qualified low- or moderate -income household from any
available funding source restricted for such purpose (Low and
Moderate Income Housing Asset Fund, BEGIN Fund, and
Housing Mitigation).
2) Authorize the use of Desert Rose Sales Program and
documents, including the restrictive covenant and loan
documents for the applicable funding source, and authorize the
Mayor to execute.
3) Authorize the Director of Finance to draw monies from the
relative funds to facilitate the transaction.
4) Authorize the Authority Chairman and/or the Authority's
Executive Director, or his designee, to finalize and execute any
ancillary documents necessary to effectuate the actions taken
herewith — monies are available in the appropriate account in
the Low and Moderate Income Housing Asset Fund, BEGIN
Fund, and Housing Mitigation Fund.
15
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
XV. CONTINUED BUSINESS
A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 26,
2014 (Continued from the meeting of July 10, 2014).
Rec: Approve as presented.
Action:
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF A CONDITIONAL USE PERMIT (CUP) TO OPERATE
A FITNESS AND GYM FACILITY WITHIN AN EXISTING OFFICE
PROFESSIONAL (OP) BUILDING LOCATED AT 44651 VILLAGE COURT,
Case No. CUP 12-385 (Five Star Fitness and Gym, LLC/Shah Family Trust,
Applicant).
Rec: Waive further reading and adopt Resolution No. 2014 - 76, upholding
the Planning Commission action of July 1, 2014, and denying
Conditional Use Permit No. 12-385 for a 22,617 square -foot fitness
and gym facility within an existing 42,208 square -foot office building.
Action:
16
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
B. REQUEST FOR APPROVAL OF PROPOSED SALE OF THE PROPERTIES
LOCATED AT 42190 GOLDEN EAGLE LANE (APN 624-431-011),
74572 KING FISHER CIRCLE (APN 624-440-012), 42197 VERDIN LANE
(APN 624-431-020), AND 74642 KING FISHER CIRCLE (APN 624-440-017),
PALM DESERT, PURSUANT TO HEALTH AND SAFETY CODE SECTION
33433(c) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING
AUTHORITY).
Rec: That the Housing Authority Board:
1) Conduct a public hearing and accept testimony on the
proposed sale of the properties located at 42190 Golden Eagle
Lane (624-431-011), 74572 King Fisher Circle (624-440-012),
42197 Verdin Lane (624-431-020), and 74642 King Fisher
Circle (624-440-017) to qualified households of low or
moderate income.
2) Following public testimony, close the public hearing and waive
further reading and adopt Resolution No. HA - 65, approving
the sale of the properties, pursuant to the attached draft
Purchase and Sale Agreements, for up to $200,000 each for
42190 Golden Eagle Lane and 74572 King Fisher Circle, and
up to $225,000 each for 42197 Verdin Lane and 74642 King
Fisher Circle, depending on the terms of the negotiated sale.
By Minute Motion of the City Council and Housing Authority Board:
3) Approve silent homebuyer assistance loans for each home in
amounts that do not exceed 40% of the sales price for each
homebuyer to ensure an affordable housing cost fora qualified
low- or moderate -income household from any available funding
source restricted for such purpose (BEGIN, Housing Mitigation,
Agency/Housing Authority Program Income).
4) Authorize payment of the transaction costs from the sale
proceeds for the purpose of repairs required for closing, fees
customary to real estate transactions in Riverside County,
including escrow, title FHA fees, inspections, vermin
eradication, commissions, and disclosures.
5) Authorize the use of the Falcon Crest Sales Program and
documents, including the restrictive covenant and loan
documents for the applicable funding source, in their
substantial form.
6) Authorize the Mayor, Authority's Chairman, and/or Authority's
Executive Director, or his designee, to finalize and execute the
Purchase and Sale Agreements, and any ancillary documents
necessary to effectuate the sales and actions taken herewith.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meeting Summaries for the Period of June 30 -
August 15, 2014.
Rec: Receive and file.
Action:
B. CITY ATTORNEY
C. CITY CLERK
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:
3. City Council Committee Reports:
4. City Council Comments:
5. Suaaested Items for Future City Council Meeting Agendas:
XIX. ADJOURNMENT
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2014
September 2, 2014
September 8, 2014
September 9, 2014
September 10, 2014
September 11, 2014
FUTURE MEETINGS:
8:30 a.m. Parks & Recreation Commission
Administrative Conference Room
6:00 p.m. Planning Commission
Civic Center Council Chamber
6:00 p.m. Adj. Reg. Youth Committee Mtg.
Administrative Conference Room
12:00 p.m. Architectural Review Commission
Community Services Conference Room
9:00 a.m. Art In Public Places Commission
Community Services Conference Room
3:30 p.m. Housing Commission
North Wing Conference Room
3:30 p.m. Public Safety Commission
Administrative Conference Room
3:00 p.m. Reg. City Council/Successor-RDA Mtgs.
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 22nd day of August, 2014. Note: This agenda is subject
to amendment up to 72 hours in advance of the meeting.
Rachelle D. Klassen, City Clerk
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