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HomeMy WebLinkAbout00 2015-03-26 City Council AgendaPOSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 26, 2015 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 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 a future City Council, Successor Agency, or Housing Authority meeting. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 74600 King Fisher Circle (APN 624-440-014), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Carlos Valdez and Myrna Valdez Under Negotiation: x Price x Terms of Payment POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) City of Palm Springs v. All Persons Interested, etc., et al., Riverside County Superior Court, Case No. INDIO 51124 C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 D. Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager 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 - Palm Desert Youth Committee Member Michelle Dan VII. INVOCATION - Councilman Van G. Tanner 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 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. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MARCH 26, 2015, AS “RUSTY BURNS DAY” IN THE CITY OF PALM DESERT. Action: B. PRESENTATION OF PROCLAMATION DECLARING APRIL 2015 AS “DMV / DONATE LIFE CALIFORNIA MONTH” IN THE CITY OF PALM DESERT. Action: C. PRESENTATION TO RECOGNIZE LESLIE ROTH FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS CULTURAL RESOURCES PRESERVATION COMMITTEE, 2013 - 2015. Action: D. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER MICHELLE DAN. 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 Meeting of March 12, 2015. Rec: Approve as presented. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 204, 205, 210, 211, 216, and 217. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of January 2015 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meeting of January 27, 2015. 2. Youth Committee Meeting of February 2, 2015. Rec: Receive and file. E. RESIGNATION of Bruce Kassler - Citizens’ Sustainability Committee. Rec: Receive with very sincere regret. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Coachella Valley Brewing Co., 72559 Highway 111, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Kaiser Grille Palm Desert, 74040 Highway 111, Building A, Suite G1, Palm Desert. Rec: Receive and file. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 H. RESOLUTION NO. 2015 - 15 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Abandoned Vehicle Abatement Quarterly Report Forms from the Department of Code Compliance that Have Been Digitally Imaged – Dated 1997 - 2011. Rec: Waive further reading and adopt. I. REQUEST FOR APPROVAL of the Purchase of Microsoft Server Software and License in the Amount of $26,156.69. Rec: By Minute Motion, approve payment for Microsoft Server software and license in the amount of $26,156.69 – funds are available in Account No. 110-4190-415-3360. J. REQUEST FOR APPROVAL of a Letter of Support for the Coachella Valley Water District’s Opposition to the Imperial Irrigation District’s Petition for Modification of State Water Resources Control Board Water Rights Order 2002-13, Relative to the Salton Sea. Rec: By Minute Motion, authorize the Mayor to send a letter of support for the Coachella Valley Water District’s (CVWD) opposition to the Imperial Irrigation District’s (IID) petition for modification of State Water Resources Control Board Water Rights Order 2002-13, relative to the Salton Sea. K. REQUEST FOR AUTHORIZATION to Release Security for the 111/Town Center Project (Harsch Investment Realty, LLC, Series F, Applicant). Rec: By Minute Motion, authorize release of the security on file for improvements for the 111/Town Center Project. L. REQUEST FOR AUTHORIZATION to Release Maintenance Security for the San Pablo Village Project (Wessman Development, Applicant). Rec: By Minute Motion, authorize release of the Maintenance Security on file for the San Pablo Village Project. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 M. REQUEST FOR APPROVAL of an Exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property for Four (4) Private Events at the Palm Springs Art Museum-Palm Desert (The Galen), Located at 72567 Highway 111. Rec: By Minute Motion, approve an exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property for four private events, as indicated in the accompanying staff report’s Temporary Use Permit List, at the Palm Springs Art Museum-Palm Desert (The Galen), located at 72567 Highway 111. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF CITY MANAGER AGREEMENT BETWEEN THE CITY OF PALM DESERT, CALIFORNIA, AND JOHN M. WOHLMUTH (CONTRACT NO. C28522). Rec: By Minute Motion, approve City Manager Agreement between the City of Palm Desert, California, and John M. Wohlmuth. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 B. 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 FALCON CREST – 42239 VERDIN LANE (APN 624-431-017) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion: 1) Approve a silent down payment assistance loan associated with a direct sale in Falcon Crest, 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 payment of transaction costs, if necessary, 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, up to a maximum of $3,500. 3) Authorize use of the Falcon Crest Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, and authorize Mayor to execute. 4) Authorize Director of Finance to draw monies from the relative funds to facilitate the transaction. 5) Authorize Authority Chairman and/or 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. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 C. REQUEST FOR AUTHORIZATION OF THE EXECUTION OF PROFESSIONAL SERVICES CONTRACTS WITH THE ALTUM GROUP AND WITH PREST-VUKSIC ARCHITECTS, RESPECTIVELY, RELATING TO THE ENGINEERING AND ARCHITECTURAL DESIGNS FOR THE ALESSANDRO WEST IMPROVEMENT PROJECT. Rec: By Minute Motion, authorize: 1) Renaming of Alessandro Alley Improvement Project to the “Alessandro West Improvement Project.” 2) Execution of a Professional Engineering Services Contract with The Altum Group, Palm Desert, California, in the amount of $105,560, plus a 10% contingency ($10,556), for the Alessandro West Improvement Project (Contract No. C33330A). 3) Execution of a Professional Architectural Design Services Contract with Prest-Vuksic Architects, Palm Desert, California, in the amount of $38,695, plus a 10% contingency ($3,869.50), for the Alessandro West Improvement Project (Contract No. C33330B). 4) Expenditure of funds for this purpose currently available in Capital Project Fund Account No. 400-4341-433-4001 – costs will be reimbursed to the City from Bond Proceeds pursuant to the approved Alessandro Bond Proceeds Funding Agreement (Contract No. C33330). 5) Executive Director to execute the Professional Services Contracts as they relate to design of the Alessandro West Improvement Project. Action: XV. CONTINUED BUSINESS None 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 XVI. OLD BUSINESS A. CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, DEVELOPMENT AGREEMENT, SPECIFIC PLAN, GENERAL PLAN AMENDMENT, AND A CHANGE OF ZONE TO ESTABLISH LAND USE DESIGNATIONS, A TENTATIVE PARCEL MAP TO ESTABLISH NINE PARCELS WITHIN THE SPECIFIC PLAN AREA, AND A TENTATIVE TRACT MAP TO SUBDIVIDE 38+ ACRES INTO 166 SINGLE-FAMILY HOME LOTS, LOCATED ON 152 ACRES NORTH OF GERALD FORD DRIVE, SOUTH OF PACIFIC UNION RAILROAD, EAST OF PORTOLA AVENUE, AND WEST OF TECHNOLOGY DRIVE, Case Nos. DA/SP/GPA/C-Z/EA 14-332, TPM 36792, TTM 36793 (PD 80 T & S, LLC / Palm Desert University Gateway, LLC, Applicants). Rec: Waive further reading and adopt: 1) Ordinance No. 1281, approving Development Agreement 14-332, The Millennium Palm Desert Specific Plan, and a Mitigated Negative Declaration of Environmental Impact. 2) Resolution No. 2015 - 14, approving General Plan Amendment No. 14-332. 3) Ordinance No. 1282, approving Change of Zone 14-332. 4) Resolution No. 2015 - 15, approving Tentative Parcel Map 36792 and Tentative Tract Map 36793, subject to conditions. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT (ZOA) TO PALM DESERT MUNICIPAL CODE SECTION NO. 25.40.080 - FENCES AND WALLS - TO ALLOW FOR THE REPAIR AND MAINTENANCE OF EXISTING NONCONFORMING FENCES, AND TO ALLOW THE ARCHITECTURAL REVIEW COMMISSION TO APPROVE EXCEPTIONS FOR NONCONFORMING FENCE MATERIALS WITH ARCHITECTURAL MERIT AND COMPATIBILITY WITH THE HOME, Case No. ZOA 14-421 (City of Palm Desert, Applicant) (Continued from the meeting of February 26, 2015). Rec: Waive further reading and pass Ordinance No. 1280 to second reading, approving ZOA 14-421, amending P.D.M.C. Section No. 25.40.080 - Fences and Walls. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of March 2-13, 2015. Rec: Receive and file. Action: 2. Report on the Implementation of Reusable Shopping Bags Effective April 1, 2015. Rec: Receive and file. Action: B. CITY ATTORNEY 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 C. CITY CLERK 1. Announcement of City Council Study Session scheduled for Thursday, April 9, 2015, at 2:00 p.m. in the Administrative Conference Room – Solid Waste, Recycling, Franchise, and Tax Roll Billing. Action: D. PUBLIC SAFETY 1. Fire Department 2. Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Mayor’s Meeting Summaries Report for the Period of March 1-14, 2015. Rec: Receive and file. Action: 2. City Council Requests for Action: a) Consideration of Rescheduling the Thursday, June 25, 2015, Regular City Council Meeting to Thursday, June 18, 2015. Rec: By Minute Motion, concur with staff’s recommendation and: 1) Adjourn the June 11, 2015, Regular City Council Meeting to June 18, 2015, at 3:00 p.m.; 2) cancel the June 25, 2015, Regular City Council Meeting in order for Councilmembers to attend the League of California Cities’ 2015 Mayors and Council Members Executive Forum, June 24-26, in Monterey. Action: 3. City Council Consideration of Travel Requests and Reports: 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2015 4. City Council Committee Reports: 5. City Council Comments: 6. Suggested Items for Future City Council Meeting Agendas: XIX. ADJOURNMENT FUTURE MEETINGS: March 31, 2015 9:00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room April 6, 2015 1:30 p.m. Oversight Board Administrative Conference Room 6:00 p.m. Youth Committee Administrative Conference Room April 7, 2015 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber April 8, 2015 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 April 9, 2015 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 20th day of March, 2015. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. Rachelle D. Klassen, City Clerk 12