HomeMy WebLinkAboutAGENDA 11 FEB 2010
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 11, 2010
CIVIC CENTER COUNCIL CHAMBER
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 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:
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
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 2010
3) Property: 72-375 Upper Way West (APN 638-130-027), Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Janice Wood
Under Negotiation: x Price x Terms of Payment
4) Property: 72-559-72567 Highway 111, Palm Desert
(APN 640-370-015, 640-320-004)
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/City of
Palm Desert/Palm Desert Redevelopment Agency
Property Owner: City of Palm Desert
Other Parties: Palm Springs Art Museum
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) PDCC Development LLC, Petition for Bankruptcy, United States
Bankruptcy Court, Central District of California.
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 - Councilman Richard S. Kelly
VII. INVOCATION - Mayor Cindy Finerty
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 2010
VIII. ORAL COMMUNICATIONS – B
Any person wishing to discuss any item not scheduled for public hearing may
address the City Council, Redevelopment Agency, Financing, 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, Financing Authority, or Housing Authority Boards. Because the Brown
Act does not allow the City Council Redevelopment Agency, Financing Authority,
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, Financing Authority, 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 HONOR RYAN STENDELL WITH THE CITY'S
EMPLOYEE RECOGNITION AWARD FOR JANUARY 2010.
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 January 28, 2010.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 155, 156, 164, and 165.
Rec: Approve as presented.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 2010
C. CULTURAL RESOURCES PRESERVATION COMMITTEE MINUTES for
the Meeting of November 24, 2009.
Rec: Receive and file.
D. REQUEST FOR DECLARATION of Surplus Property and Authorization for
its Disposal - Inventory of Miscellaneous Art of Food & Wine Supplies.
Rec: By Minute Motion: 1) Declare items listed on the accompanying
staff report as surplus property; 2) authorize the donation of the
surplus supplies to non-profit organizations as requests are
received.
E. REQUEST FOR APPROVAL of the Palm Desert "Statement of Investment
Policy," As Amended (Joint Consideration with the Palm Desert
Redevelopment Agency, Palm Desert Financing Authority, and Palm
Desert Housing Authority).
Rec: By Minute Motion, adopt the Palm Desert "Statement of Investment
Policy," as amended.
F. AUDITED Financial Reports for the City of Palm Desert Fiscal Year Ended
June 30, 2009.
Rec: By Minute Motion, receive and file the audited Comprehensive
Annual Financial Report (CAFR) for the City of Palm Desert for the
Fiscal Year Ended June 30, 2009.
G. AUDITED Financial Reports for the Palm Desert Recreational Facilities
Corporation - Fiscal Year Ended June 30, 2009.
Rec: By Minute Motion, receive and file the audited financial statements
of the Palm Desert Recreational Facilities Corporation for the Fiscal
Year Ended June 30, 2009.
H. INDEPENDENT ACCOUNTANTS' REPORT on Agreed-upon Procedures
Performed on the Measure "A" Transportation Fund for the Fiscal Year
Ended June 30, 2009.
Rec: By Minute Motion, receive and file the Independent Accountants'
Report on Agreed-upon Procedures Performed on the Measure "A"
Transportation Fund for the Fiscal Year Ended June 30, 2009.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 2010
I. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for
Deconstruction of 44-887 San Antonio Circle, 44-870 San Antonio Circle,
44-800 San Antonio Circle, 44-845 San Clemente Circle, and 44-889 San
Clemente Circle - All Associated with the Alessandro Alley Improvement
Project (Contract No. C29570) (Joint Consideration with the Palm
Desert Redevelopment Agency).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for
sealed bids for deconstruction of 44-887 San Antonio Circle, 44-
850 San Antonio Circle, 44-845 San Clemente Circle, and 44-889
San Clemente Circle, and for 44-870 San Antonio Circle - all
associated with the Alessandro Alley Improvement Project.
J. REQUEST FOR AUTHORIZATION to Purchase Palm Desert Police
Department Promotional Items Utilizing CalCOPS Funding in an Amount
Not to Exceed $4,600.
Rec: By Minute Motion, approve the purchase of Palm Desert Police
Department promotional items utilizing CalCOPS funding in an
amount not to exceed $4,600.
K. REQUEST FOR AUTHORIZATION to Release Maintenance Security for
the Project Located at 74-124 Highway 111, Palm Desert (Larry Grotbeck
Real Estate, Applicant).
Rec: By Minute Motion, authorize the release of Maintenance Security
for the project located at 74-124 Highway 111.
Action:
XI. CONSENT ITEMS HELD OVER
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 2010
XII. RESOLUTIONS
A. RESOLUTION NO. 2010 - 6 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
RESOLUTION NO. 07-80 AS IT RELATES TO THE BUILDING AND
SAFETY FEE SCHEDULE FOR POOL PUMP REPLACEMENT
PERMITS.
Rec: Waive further reading and adopt.
Action:
B. RESOLUTION NO. 2010 – 7 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND
ADOPTING THE ENVIRONMENTAL SUSTAINABILITY PLAN AND
GREENHOUSE GAS INVENTORY, AND ENACTING POLICIES AND
PROGRAMS TO REDUCE GREENHOUSE GAS EMISSIONS.
Rec: Waive further reading and adopt.
Action:
C. RESOLUTION NO. 2010 - 8 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING CONSENT
TO THE COUNTY OF RIVERSIDE TO BE INCLUDED IN THE PALM
SPRINGS DESERT RESORT COMMUNITIES TOURISM BUSINESS
IMPROVEMENT DISTRICT (BID).
Rec: Waive further reading and adopt.
Action:
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 2010
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF THE PERFORMING ARTS CONTRACT
IN CONJUNCTION WITH PALM DESERT'S ANNUAL 2010
INDEPENDENCE DAY CELEBRATION (CONTRACT NO. C29580).
Rec: By Minute Motion: 1) Approve the subject contract in the amount of
$7,500 with Side Street Strutters, Corona, California, to provide
instrumental and vocal entertainment in conjunction with Palm
Desert's 2010 Independence Day Celebration; 2) authorize the
Mayor to sign the contract as presented - funds will be advanced
from the 2010-2011 Community Events Budget, Account No. 110-
4416-414-3061.
Action:
B. REQUEST FOR APPROVAL OF FIREWORKS DISPLAY CONTRACT
FOR PALM DESERT'S ANNUAL 2010 INDEPENDENCE DAY
CELEBRATION (CONTRACT NO. C29590).
Rec: By Minute Motion: 1) Approve the subject contract in the amount of
$35,148 with Pyro-Spectaculars by Souza, Rialto, California, for
professional staff and pyrotechnic supplies and services for Palm
Desert's Annual 2010 Independence Day Celebration; 2) authorize
the Mayor to sign the contract - funds will be advanced from the
2010-2011 Community Events Budget, Account No. 110-4416-414-
3061.
Action:
C. REQUEST FOR APPROVAL OF DESIGN PROPOSAL "CANTAMAR" BY
WOODS DAVY AS THE PUBLIC ART COMPONENT FOR SEGOVIA OF
PALM DESERT, 39-905 VIA SCENA, PALM DESERT (Oakmont Senior
Living, LLC, Applicant).
Rec: By Minute Motion, approve proposed artwork "Cantamar" by
Woods Davy as the public art component for Segovia of Palm
Desert located at 39-905 Via Scena.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 2010
D. REQUEST FOR APPROVAL OF ONE ARTIST OR ARTIST TEAM TO
CREATE PUBLIC ARTWORK FOR THE PALM DESERT AQUATICS
CENTER AND AWARD CONTRACT IN THE AMOUNT OF $45,800 TO
THE SELECTED ARTIST OR TEAM (CONTRACT NO. C29310).
Rec: By Minute Motion: 1) Select one artist or artist team to create
artwork for the Palm Desert Aquatic Center; 2) authorize the City
Manager to make minor revisions to the subject contract, as
recommended by the City Attorney, and the Mayor to execute same
in the amount of $45,800 with selected artist or artist team - funds
are available in Account No. 436-4650-454-3010.
Action:
XV. CONTINUED BUSINESS
A. ORDINANCE NO. 1205 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, REVISING CHAPTER
15.02 OF THE PALM DESERT MUNICIPAL CODE, AMENDING THE
2007 EDITION OF THE CALIFORNIA BUILDING CODE RELATING TO
SWIMMING POOL ENCLOSURES AND SAFETY DEVICES (Continued
from the meeting of January 28, 2010).
Rec: Waive further reading and pass to second reading to be conducted
at a public hearing at the regular meeting of March 11, 2010.
Action:
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF AMENDMENTS TO CHAPTER 8.40 -
RECREATIONAL VEHICLES (RVs) ON PRIVATE PROPERTY - OF
TITLE 8 - HEALTH AND SAFETY - OF THE PALM DESERT MUNICIPAL
CODE, CLARIFYING STANDARDS FOR SCREENING RVs PARKED ON
PRIVATE PROPERTIES.
Rec: Waive further reading and pass Ordinance No. 1207 to second
reading, approving amended standards to Chapter 8.40 -
Recreational Vehicles (RVs) on Private Property - of Title 8 - Health
and Safety - of the Palm Desert Municipal Code.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 2010
B. INFORMATIONAL REPORT ON COMPLETION OF THE MID-VALLEY
BIKE PATH ALIGNMENT STUDY.
Rec: By Minute Motion, receive and file the informational report.
Action:
XVII. PUBLIC HEARINGS
A. ORDINANCE NO. 1202 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 15.06
- "ENERGY CODE" TO THE CITY OF PALM DESERT MUNICIPAL
CODE, AND REPEALING TITLE 24, SECTION 24.30 THEREOF.
Rec: 1) Conduct public hearing to receive testimony regarding adoption
of Ordinance No. 1202.
2) Waive further reading and adopt Ordinance No. 1202 as
presented.
Action:
B. CONSIDERATION OF AN APPEAL OF A DECISION BY THE CITY
MANAGER AND PERMIT ADMINISTRATOR, REVOKING A MASSAGE
ESTABLISHMENT PERMIT FOR AC MASSAGE - SUBJECT PROPERTY
LOCATED AT 72-855 FRED WARING DRIVE, SUITE C-16 Massage
Establishment Permit No. 08-46021 (Lawrence Andrews, Applicant).
Rec: Waive further reading and adopt Resolution No. 2010-9, upholding
the City Manager's and Permit Administrator's decisions to revoke
an existing Massage Establishment Permit for AC Massage, said
revocation is for noncompliance with Section 5.87.180(B)(4) of the
Palm Desert Municipal Code by operating in an illegal or disorderly
manner, by virtue of an arrest.
Action:
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
B. CITY ATTORNEY
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 2010
C. CITY CLERK
1. Consideration of the Appointment of a City Council Delegate and
Alternate to Participate in the Southern California Association of
Governments (SCAG) General Assembly, May 5-7, 2010, in La
Quinta, California.
Rec: By Minute Motion, appoint a City Council Delegate and
Alternate to participate in the SCAG General Assembly,
May 5-7, 2010, in La Quinta.
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 Requests and Reports
o City Council Committee Reports:
o City Council Comments:
XIX. ADJOURNMENT
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 11, 2010
FUTURE MEETINGS:
February 16, 2010 2:00 p.m. Marketing Committee
Public Works Conference Room
6:00 p.m. Planning Commission
Civic Center Council Chamber
February 17, 2010 9:00 a.m. Art in Public Places Commission
Community Services Conference Room
11:30 a.m. Landscape Beautification Committee
Public Works Conference Room
3:00 p.m. Library Promotion Committee
Administrative Conference Room
February 22, 2010 3:00 p.m. Adj. Citizens’ Adv. Cmte-Proj. Area #4
(adj. from February 15, 2010)
Administrative Conference Room
February 23, 2010 10:00 a.m. Audit, Investment & Finance Committee
North Wing Conference Room
10:00 a.m. Cultural Resources Preservation Committee
Administrative Conference Room
12:00 p.m. Architectural Review Commission
Community Services Conference Room
February 25, 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
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not less than 72 hours prior to the meeting. Dated this 5 day of February, 2010.
___________________________
Rachelle D. Klassen, City Clerk
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