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Home My WebLink AboutAGENDA 08 APR 2010 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 08, 2010 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) 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: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 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 3) Property: APNs 626-250-055, 627-123-008, 637-262-006, 637-262-017, 637-263-010, 637-361-014, and 637-402-013 Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Wells Fargo Other Parties: Rancho Housing Alliance Under Negotiation: x Price x Terms of Payment 4) Property: APNs 627-425-015 and 694-391-023 Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Bank of America Other Parties: Rancho Housing Alliance Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): 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 - Mayor Cindy Finerty VII. INVOCATION - Councilman Robert A. Spiegel VIII. ORAL COMMUNICATIONS – B 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 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., 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE CITIZENS ON PATROL MEMBER RUTH STEVENS FOR HER COORDINATION OF THE "YOU ARE NOT ALONE" PROGRAM. Action: B. PRESENTATION TO THE CITY COUNCIL FROM DESERT MAGAZINE 2010 "BEST OF THE VALLEY" FIRST PLACE AND FINALIST RECOGNITION FOR VARIOUS CITY OF PALM DESERT PUBLIC FACILITIES. Rec: Receive and file the following First Place Award and Finalist Recognition from Desert Magazine and The Desert Sun for 2010: 1) First Place - Recreation “Best Public Park” - Palm Desert Civic Center Park; 2) Finalist - Recreation “Best Public Park” - Freedom Park; 3) Finalist - Recreation “Best Dog Park” - Palm Desert Civic Center Park; 4) Finalist - Recreation “Best Dog Park” - Freedom Park; 5) Finalist - Services “Best Public Golf Course” - Desert Willow Golf Resort. Action: X. CONSENT CALENDAR 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 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 25, 2010, and Special Joint Palm Desert City Council and Palm Desert Planning Commission Meeting of March 24, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 194, 195, 199, 203 and 204. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dogos, 36- 901 Cook Street, Suite 1, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Luckys, 36- 901 Cook Street, Suite 10, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES 1. Art in Public Places Commission Meeting of January 27, 2010. 2. Marketing Committee Meeting of February 16, 2010. 3. Public Safety Commission Meeting of February 10, 2010. Rec: Receive and file. F. REQUEST FOR APPROVAL of Additional Expenditure for the Remainder of Fiscal Year 2009-10 for the Use of Genuine Parts Company (NAPA) to 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 Supply Aftermarket Automotive Parts, Equipment, and Services for Fleet Maintenance. Rec: By Minute Motion, approve additional expenditure in an amount not to exceed $15,000 for the remainder of Fiscal Year 2009-10 for the use of Genuine Parts Company (NAPA), Palm Desert, California, to supply general aftermarket automotive parts, equipment, and services for fleet maintenance. Funds are budgeted in General Fund Account No. 110-4331-413-3340. G. REQUEST FOR APPROVAL of Amendment No. 3 to Contract No. C27950 for Additional Engineering Services for Intersection Improvements at Frank Sinatra Drive and Portola Avenue (Project No. 572-08). Rec: By Minute Motion: 1) Approve Amendment No. 3 to the subject contract for additional engineering services for Intersection Improvements at Frank Sinatra Drive and Portola Avenue with Kimley-Horn and Associates, Inc. (KHA), Riverside, California, in the amount of $4,000; 2) authorize the Mayor to execute the amendment. Funds are available in the following accounts: $2,400 from Account No. 213-4548-433-4001, Measure A; $1,200 from Account No. 232-4548-433-4001, Drainage Fees; and $400 from Account No. 234-4548-422-4001, Traffic Signal Fees. H. REQUEST FOR APPROVAL of the 2010 Concert Series, Expenditure with Studio Instrument Rentals of Palm Springs, and Performing Arts Contracts. Rec: By Minute Motion: 1) Approve the proposed schedule and expenditures for the 2010 Concert in the Park series; 2) approve expenditure in an amount of $10,000 with Studio Instrument Rentals of Palm Springs, Palm Springs, California, for concert professional staff, sound, and lighting; 3) authorize the Mayor to sign the following contracts: Contract No. C29660A - 29 Palms Marine Corp. Band, $1,000; Contract No. C29660B - Rockit Scientists, $2,000; Contract No. C29660C - Cody Bryant, $2,000; Contract No. C29660D - Jim Little (Boys & Girls Club Band), $500 - funds are available in Community Events, Account No. 110-4416- 414-3061. No appropriation is needed. Action: XI. CONSENT ITEMS HELD OVER 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 XII. RESOLUTIONS A. RESOLUTION NO. 2010 - 22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2009/2010 BUDGET AS A RESULT OF MID-YEAR ADJUSTMENTS Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF ARTWORK SELECTIONS AND ALTERNATES FOR THE 2011/2012 EL PASEO INVITATIONAL EXHIBITION. Rec: By Minute Motion: 1) Approve the eighteen sculptures and three alternates selected for the 2011/2012 El Paseo Invitational Exhibition; 2) approve honorariums of $2,575 for each of the participating artists. Funds will be available in Account No. 436- 4650-454-4002 in Fiscal Year 2010/2011. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 B. REQUEST FOR APPROVAL OF NONPOTABLE WATER AGREEMENT (BETWEEN THE COACHELLA VALLEY WATER DISTRICT AND THE CITY OF PALM DESERT); AND AUTHORIZE THE CITY MANAGER TO FINALIZE AND EXECUTE THE AGREEMENT (CONTRACT NO. C29670). Rec: By Minute Motion: 1) Approve the subject contract substantially to form; 2) authorize the City Manager to finalize and execute the Nonpotable Water Agreement ("Agreement") between the City of Palm Desert and the Coachella Valley Water District (CVWD) for water services at the Desert Willow Golf Resort. Action: XV. CONTINUED BUSINESS A. REQUEST FOR DIRECTION REGARDING CONTRADICTORY REQUIREMENTS OF THE MUNICIPAL CODE - RECREATIONAL VEHICLE PARKING ON PRIVATE PROPERTY (Continued from the meeting of March 25, 2010). Rec: Provide direction to staff regarding contradictory requirements in the municipal code relating to RV parking, between the requirements of Sections 8.40.080D Recreational Vehicles on Private Property, 9.26.040C Unlawful Camping, and 10.96.020B Temporary Parking Permit Procedure. Action: XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. CONSIDERATION FOR APPROVAL OF AMENDMENTS TO THE HILLSIDE PLANNED RESIDENTIAL (HPR) ZONE RELATING TO DEFINITIONS/DEVELOPMENT OF "ROCK OUTCROPPINGS," Case No. ZOA 10-41, (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No.1211 to second reading. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK A. Reminder of Budget Meeting with City Council - Friday, April 9, 2010, 1:00 - 4:00 p.m. in the Administrative Conference Room. Budget Review of Community Development, Building & Safety, Sheriff & Fire, and City Manager (includes City Clerk, City Council, Human Resources and Special Programs). Action: 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 Request and Reports: o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 2010 FUTURE MEETINGS: April 13, 2010 12:00 p.m. Architectural Review Commission Community Services Conference Rm. April 14, 2010 3:30 p.m. Public Safety Commission Administrative Conference Room April 19, 2010 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room April 20, 2010 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber April 21, 2010 9:00 a.m. Art in Public Places Commission Community Services Conference Rm. 11:30 a.m. Landscape Beautification Cmte. Public Works Conference Room April 22, 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 nd not less than 72 hours prior to the meeting. Dated this 2 day of April, 2010. ___________________________ Rachelle D. Klassen, City Clerk 9