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Home My WebLink AboutAGENDA 11 MAR 2010 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 11, 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 628-130-008 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 2) 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 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Parties: John M. Wohlmuth/City of Palm Desert V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE - Councilman Robert A. Spiegel VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS – B Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Redevelopment Agency, Financing Authority, 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 hour, Monday- Friday, 8:00 a.m. – 5:00 p.m. 73510 Fred Waring Drive, Palm Desert, CA 92260. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS None X. CONSENT CALENDAR 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 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 February 25, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 180 and 181. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of December 2009 and January 2010 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meetings of December 22, 2009, and January 26, 2010. 2. Marketing Committee Meeting of January 26, 2010. Rec: Receive and file. E. LETTER OF RESIGNATION from Steve Koffler - Rent Review Commission. Rec: Receive with very sincere regret. F. REQUEST FOR DECLARATION of Surplus Property and Disposal Authorization - Miscellaneous Computer and Electronic Office Equipment. Rec: By Minute Motion, declare items listed on the accompanying staff report's Exhibit "A" as surplus property and authorize disposal as appropriate. G. REQUEST FOR DECLARATION of the City of Palm Desert's 1972 Oshkosh Snorkel Reserve Fire Truck as Surplus and Authorize Disposal. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 Rec: By Minute Motion, declare the 1972 Oshkosh Snorkel Reserve Fire Truck (Vehicle I.D. No. 12084) as surplus and authorize disposal as proposed. H. REQUEST FOR APPROVAL of Contract with StateNet for Legislative and Regulatory Reporting Services (Contract No. C29630). Rec: By Minute Motion, approve the subject contract with StateNet, Sacramento, California, in the amount of $1,890 to provide legislative and regulatory reporting services and authorize the City Manager to execute same - funds are available in Account No. 110- 4112-410-3090. I. REQUEST FOR AUTHORIZATION to Purchase Custom-blend Liquid Fertilizers for the Desert Willow Golf Resort from Floratine California in an Amount Not to Exceed $48,352. Rec: By Minute Motion, authorize the purchase of custom-blend liquid fertilizers from Floratine California, Phoenix, Arizona, in an amount not to exceed $48,352 for the Desert Willow Golf Resort - funds are available in Golf Course and Ground Expenses Account, No. 520- 4195-495-8031. J. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C28720 with Same Day Express - Public Art Maintenance Services. Rec: By Minute Motion, approve Change Order No. 1 to extend the subject contract with Same Day Express, Palm Desert, California, for one (1) year in the amount of $39,120 for maintenance services for the City of Palm Desert's permanent public art collection and the El Paseo Invitational Exhibition - funds are available in Account No. 436-4650-454-3372. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28860 - Civic Center Park Amphitheater Construction Project (Doug Wall Construction Inc., Bermuda Dunes, 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. L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29050 - Refurbishing Tenant Improvements at the Parkview Office Complex Suite No. 102 (Woodburn Construction, Arcadia, CA). 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. M. CONSIDERATION of Legislative Review Committee Action on AB1607 (Knight) - Public Hearing. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of February 23, 2010, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 1607 (Knight). N. REQUEST FOR AUTHORIZATION to Purchase "File of Life" Materials with CalCOPS Funds in the Amount of $1,590. Rec: By Minute Motion, authorize the request to expend $1,590 in CalCOPs Funds for the purchase of "File of Life" materials. O. REQUEST FOR AUTHORIZATION to Purchase a K-9 Ballistic Vest for the City of Palm Desert's Police K-9 "Van Snapp" with CalCOPS Funds in the Amount of $706.88. Rec: By Minute Motion, authorize the request to expend $706.88 in CalCOPS funds for the purchase of a K-9 Ballistic Vest for the City of Palm Desert's Police K-9 "Van Snapp." P. REQUEST FOR AUTHORIZATION to Proceed with Implementation of a "Dine Out Palm Desert" Restaurant Promotion for One Month During Late Summer - Early Fall 2010. Rec: By Minute Motion, authorize implementation of a "Dine Out Palm Desert" Restaurant Promotion in late summer - early fall 2010 - funds are available in the Marketing Budget, Account No. 110- 4417-414-3223. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 Q. REQUEST FOR APPROVAL of Out-of-State Travel for Risk Manager to Participate as a Presenter at the National Risk and Insurance Management Society (RIMS) Annual Conference -Boston, Massachusetts, April 26-29, 2010. Rec: By Minute Motion, approve the subject out-of-state travel for the Risk Manager to participate as a presenter at the National Risk and Insurance Management Society (RIMS) Annual Conference in an amount not to exceed $700 - funds are available in Account No. 110-4130-411-3120. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: None 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 XIV. NEW BUSINESS A. REQUEST FOR DECLARATION OF THE CITY OF PALM DESERT'S SUPPORT FOR THE CALIFORNIA EMERGING TECHNOLOGY FUND'S (CETF) "GET CONNECTED!" PUBLIC AWARENESS AND EDUCATION CAMPAIGN. Rec: 1) Waive further reading and adopt Resolution No. 2010- 11, declaring support for the California Emerging Technology Fund's (CETF) "Get Connected!" Public Awareness and Education Campaign. By Minute Motion, authorize: 2) City Manager to send correspondence to the CETF, indicating the City of Palm Desert's support of the "Get Connected!" public awareness and education campaign to improve broadband access within California. 3) CETF to list the City of Palm Desert City Council as champions of the "Get Connected!" Program in their various communication materials. Action: B. REQUEST FOR AWARD OF CONTRACTS FOR BANKING AND CUSTODY SERVICES TO UNION BANK FOR A TERM OF FIVE (5) YEARS, WITH AN OPTION TO RENEW FOR AN ADDITIONAL TWO (2) YEARS (CONTRACT NOS. C29640A and C29640B) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY, PALM DESERT FINANCING AUTHORITY, AND PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion: 1) Award Banking and Custody Services Contracts to Union Bank for a term of five (5) years, with an option to renew for an additional two (2) years; 2) authorize the City Treasurer to execute said banking and custody services contracts on behalf of the City. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 C. REQUEST FOR AUTHORIZATION TO REIMBURSE THE HOUSING SET-ASIDE FUND IN THE AMOUNT OF $122,376 FROM HOUSING MITIGATION FUND FOR THE VALUE OF VACANT LOTS ASSOCIATED WITH THE 14 SELF-HELP UNITS LOCATED ON MERLE STREET (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion, authorize staff to reimburse Housing Set-aside in the amount of $122,376 from Housing Mitigation Funds - available in Housing Mitigation Account No. 214-4490-46-3901. Action: D. REQUEST FOR APPROVAL OF RESOLUTIONS AND RELATED ACTIONS, APPROVING THE GUIDELINES AND PROCEDURES FOR THE NEIGHBORHOOD STABILIZATION PROGRAM (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Waive further reading and adopt City Council Resolution No. 2010- 12 and Redevelopment Agency Resolution No. 570, approving the Guidelines and Procedures for the Neighborhood Stabilization Program (the "NSP" Program), substantially as to form. By Minute Motion: 2) Receive and file the Standard Agreement from State of California Housing and Community Development (HCD) for Joint NSP Funding with the County of Riverside. 3) Approve the draft program documents related to the acquisition of foreclosed homes in the designated target areas of Palm Desert, as required by the NSP Program. 4) Approve the draft loan documents related to the City Silent Second Loans for down payment assistance and rehabilitation substantially as to form. 5) Accept the County of Riverside's identified list of authorized NSP Lenders and Education Sources. 6) Authorize use of a third party to facilitate the Rehabilitation Component of the NSP Program, as necessary. 7) Authorize the City Manager and/or Executive Director to execute any documents necessary to establish and/or implement the NSP Program. 8) Establish a budget for estimated revenue to State Grant-HCD NSP Revenue Account No. 214-0000-334-7203 in the amount of $326,784 and appropriate $326,784 to the related expense for the Neighborhood Stabilization Program. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR DIRECTION REGARDING EXTENSIONS TO CONTINUE ALLOWING OUTDOOR DISPLAYS OF MERCHANDISE IN THE CITY. Rec: By Minute Motion, provide staff with direction regarding outdoor displays of merchandise - the practice of allowing outdoor displays of merchandise with issuance of a Temporary Use Permit can be extended for one year or can be made permanent. Action: XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION, DENYING A REQUEST FOR A TENTATIVE TRACT MAP WITH ASSOCIATED CEQA ADDENDUM TO THE SEIR FOR STONE EAGLE; THIRD AMENDMENT TO DEVELOPMENT AGREEMENT 02-01 (STONE EAGLE DEVELOPMENT); AND ZONING ORDINANCE AMENDMENT TO REVISE THE HILLSIDE PLANNED RESIDENTIAL ZONE RIDGELINE MAP, WHICH WOULD ALLOW THE SUBDIVISION OF 7.7 ACRES INTO SIX (6) RESIDENTIAL LOTS-SUBJECT PROPERTY LOCATED WEST OF THE PALM VALLEY STORM CHANNEL AT THE TERMINATION OF OLD STONE TRAIL (APN 652- 090-002) Case Nos. TT 34943, DA 02-01 Amendment #3, and ZOA 09- 494 (Eagle 6.5, LLC, c/o Ted Lennon, Applicant/Appellant). Rec: Waive further reading and: 1) Adopt Resolution No.2010 - 13, granting the appeal, and approving the findings and TT 34943, subject to attached conditions. 2) Pass Ordinance No. 1208 to second reading, approving Development Agreement 02-01 Amendment #3. 3) Pass Ordinance No. 1209 to second reading, approving an amendment to the Hillside Planned Residential (HPR) Zone approved Ridgeline Map. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 B. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM OFFICE PROFESSIONAL (C-OP) TO LOW-DENSITY RESIDENTIAL (R-L) 0-4 UNITS PER ACRE AND A CHANGE OF ZONE FROM OFFICE PROFESSIONAL (0.P.) TO RESIDENTIAL ESTATES (R.E.) 40,000 SQUARE-FOOT MINIMUM LOT SIZE FOR TWO PARCELS LOCATED AT 77-925 HIDDEN RIVER ROAD AND 77-930 DELAWARE PLACE Case Nos. GPA / CZ 10-18 (City of Palm Desert, Applicant). Rec: Waive further reading and 1) Adopt Resolution No. 2014-14, approving a General Plan Amendment from C-0P to R-L. 2) Pass Ordinance No. 1210 to second reading, approving a Change of Zone from O.P. to R.E. 40,000. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Reminder of Joint City Council - Redevelopment Agency - Housing Authority - Planning Commission - Housing Commission Study Session/Tour of Housing Authority Properties on Thursday, March 18, 2010, Convening at 9:45 a.m. in the Civic Center North Wing Conference Room and Continuing with a Bus Tour. 2. Reminder of Special Joint City Council - Planning Commission Meeting, Wednesday, March 24, 2010, 4:00 p.m. in the Council Chamber for a Public Hearing regarding the Palm Desert Aquatic Complex D. PUBLIC SAFETY o Fire Department o Police Department 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: March 15, 2010 3:00 p.m. Citizens’ Avd. Cmte.-Proj. Area #4 Administrative Conference Room March 16, 2010 2:00 p.m. Marketing Committee Public Works Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber March 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 March 23, 2010 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room March 24, 2010 4:00 p.m. Spec. Jt. City Council/RDA Meetings Civic Center Council Chamber March 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 not less than 72 th hours prior to the meeting. Dated this 5 day of March, 2010. ___________________________ Rachelle D. Klassen, City Clerk 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 11, 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 628-130-008 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 2) 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 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Parties: John M. Wohlmuth/City of Palm Desert V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE - Councilman Robert A. Spiegel VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS – B Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Redevelopment Agency, Financing Authority, 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 hour, Monday- Friday, 8:00 a.m. – 5:00 p.m. 73510 Fred Waring Drive, Palm Desert, CA 92260. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS None X. CONSENT CALENDAR 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 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 February 25, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 180 and 181. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of December 2009 and January 2010 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meetings of December 22, 2009, and January 26, 2010. 2. Marketing Committee Meeting of January 26, 2010. Rec: Receive and file. E. LETTER OF RESIGNATION from Steve Koffler - Rent Review Commission. Rec: Receive with very sincere regret. F. REQUEST FOR DECLARATION of Surplus Property and Disposal Authorization - Miscellaneous Computer and Electronic Office Equipment. Rec: By Minute Motion, declare items listed on the accompanying staff report's Exhibit "A" as surplus property and authorize disposal as appropriate. G. REQUEST FOR DECLARATION of the City of Palm Desert's 1972 Oshkosh Snorkel Reserve Fire Truck as Surplus and Authorize Disposal. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 Rec: By Minute Motion, declare the 1972 Oshkosh Snorkel Reserve Fire Truck (Vehicle I.D. No. 12084) as surplus and authorize disposal as proposed. H. REQUEST FOR APPROVAL of Contract with StateNet for Legislative and Regulatory Reporting Services (Contract No. C29630). Rec: By Minute Motion, approve the subject contract with StateNet, Sacramento, California, in the amount of $1,890 to provide legislative and regulatory reporting services and authorize the City Manager to execute same - funds are available in Account No. 110- 4112-410-3090. I. REQUEST FOR AUTHORIZATION to Purchase Custom-blend Liquid Fertilizers for the Desert Willow Golf Resort from Floratine California in an Amount Not to Exceed $48,352. Rec: By Minute Motion, authorize the purchase of custom-blend liquid fertilizers from Floratine California, Phoenix, Arizona, in an amount not to exceed $48,352 for the Desert Willow Golf Resort - funds are available in Golf Course and Ground Expenses Account, No. 520- 4195-495-8031. J. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C28720 with Same Day Express - Public Art Maintenance Services. Rec: By Minute Motion, approve Change Order No. 1 to extend the subject contract with Same Day Express, Palm Desert, California, for one (1) year in the amount of $39,120 for maintenance services for the City of Palm Desert's permanent public art collection and the El Paseo Invitational Exhibition - funds are available in Account No. 436-4650-454-3372. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28860 - Civic Center Park Amphitheater Construction Project (Doug Wall Construction Inc., Bermuda Dunes, 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. L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29050 - Refurbishing Tenant Improvements at the Parkview Office Complex Suite No. 102 (Woodburn Construction, Arcadia, CA). 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. M. CONSIDERATION of Legislative Review Committee Action on AB1607 (Knight) - Public Hearing. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of February 23, 2010, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 1607 (Knight). N. REQUEST FOR AUTHORIZATION to Purchase "File of Life" Materials with CalCOPS Funds in the Amount of $1,590. Rec: By Minute Motion, authorize the request to expend $1,590 in CalCOPs Funds for the purchase of "File of Life" materials. O. REQUEST FOR AUTHORIZATION to Purchase a K-9 Ballistic Vest for the City of Palm Desert's Police K-9 "Van Snapp" with CalCOPS Funds in the Amount of $706.88. Rec: By Minute Motion, authorize the request to expend $706.88 in CalCOPS funds for the purchase of a K-9 Ballistic Vest for the City of Palm Desert's Police K-9 "Van Snapp." P. REQUEST FOR AUTHORIZATION to Proceed with Implementation of a "Dine Out Palm Desert" Restaurant Promotion for One Month During Late Summer - Early Fall 2010. Rec: By Minute Motion, authorize implementation of a "Dine Out Palm Desert" Restaurant Promotion in late summer - early fall 2010 - funds are available in the Marketing Budget, Account No. 110- 4417-414-3223. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 Q. REQUEST FOR APPROVAL of Out-of-State Travel for Risk Manager to Participate as a Presenter at the National Risk and Insurance Management Society (RIMS) Annual Conference -Boston, Massachusetts, April 26-29, 2010. Rec: By Minute Motion, approve the subject out-of-state travel for the Risk Manager to participate as a presenter at the National Risk and Insurance Management Society (RIMS) Annual Conference in an amount not to exceed $700 - funds are available in Account No. 110-4130-411-3120. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: None 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 XIV. NEW BUSINESS A. REQUEST FOR DECLARATION OF THE CITY OF PALM DESERT'S SUPPORT FOR THE CALIFORNIA EMERGING TECHNOLOGY FUND'S (CETF) "GET CONNECTED!" PUBLIC AWARENESS AND EDUCATION CAMPAIGN. Rec: 1) Waive further reading and adopt Resolution No. 2010- 11, declaring support for the California Emerging Technology Fund's (CETF) "Get Connected!" Public Awareness and Education Campaign. By Minute Motion, authorize: 2) City Manager to send correspondence to the CETF, indicating the City of Palm Desert's support of the "Get Connected!" public awareness and education campaign to improve broadband access within California. 3) CETF to list the City of Palm Desert City Council as champions of the "Get Connected!" Program in their various communication materials. Action: B. REQUEST FOR AWARD OF CONTRACTS FOR BANKING AND CUSTODY SERVICES TO UNION BANK FOR A TERM OF FIVE (5) YEARS, WITH AN OPTION TO RENEW FOR AN ADDITIONAL TWO (2) YEARS (CONTRACT NOS. C29640A and C29640B) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY, PALM DESERT FINANCING AUTHORITY, AND PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion: 1) Award Banking and Custody Services Contracts to Union Bank for a term of five (5) years, with an option to renew for an additional two (2) years; 2) authorize the City Treasurer to execute said banking and custody services contracts on behalf of the City. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 C. REQUEST FOR AUTHORIZATION TO REIMBURSE THE HOUSING SET-ASIDE FUND IN THE AMOUNT OF $122,376 FROM HOUSING MITIGATION FUND FOR THE VALUE OF VACANT LOTS ASSOCIATED WITH THE 14 SELF-HELP UNITS LOCATED ON MERLE STREET (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion, authorize staff to reimburse Housing Set-aside in the amount of $122,376 from Housing Mitigation Funds - available in Housing Mitigation Account No. 214-4490-46-3901. Action: D. REQUEST FOR APPROVAL OF RESOLUTIONS AND RELATED ACTIONS, APPROVING THE GUIDELINES AND PROCEDURES FOR THE NEIGHBORHOOD STABILIZATION PROGRAM (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Waive further reading and adopt City Council Resolution No. 2010- 12 and Redevelopment Agency Resolution No. 570, approving the Guidelines and Procedures for the Neighborhood Stabilization Program (the "NSP" Program), substantially as to form. By Minute Motion: 2) Receive and file the Standard Agreement from State of California Housing and Community Development (HCD) for Joint NSP Funding with the County of Riverside. 3) Approve the draft program documents related to the acquisition of foreclosed homes in the designated target areas of Palm Desert, as required by the NSP Program. 4) Approve the draft loan documents related to the City Silent Second Loans for down payment assistance and rehabilitation substantially as to form. 5) Accept the County of Riverside's identified list of authorized NSP Lenders and Education Sources. 6) Authorize use of a third party to facilitate the Rehabilitation Component of the NSP Program, as necessary. 7) Authorize the City Manager and/or Executive Director to execute any documents necessary to establish and/or implement the NSP Program. 8) Establish a budget for estimated revenue to State Grant-HCD NSP Revenue Account No. 214-0000-334-7203 in the amount of $326,784 and appropriate $326,784 to the related expense for the Neighborhood Stabilization Program. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR DIRECTION REGARDING EXTENSIONS TO CONTINUE ALLOWING OUTDOOR DISPLAYS OF MERCHANDISE IN THE CITY. Rec: By Minute Motion, provide staff with direction regarding outdoor displays of merchandise - the practice of allowing outdoor displays of merchandise with issuance of a Temporary Use Permit can be extended for one year or can be made permanent. Action: XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION, DENYING A REQUEST FOR A TENTATIVE TRACT MAP WITH ASSOCIATED CEQA ADDENDUM TO THE SEIR FOR STONE EAGLE; THIRD AMENDMENT TO DEVELOPMENT AGREEMENT 02-01 (STONE EAGLE DEVELOPMENT); AND ZONING ORDINANCE AMENDMENT TO REVISE THE HILLSIDE PLANNED RESIDENTIAL ZONE RIDGELINE MAP, WHICH WOULD ALLOW THE SUBDIVISION OF 7.7 ACRES INTO SIX (6) RESIDENTIAL LOTS-SUBJECT PROPERTY LOCATED WEST OF THE PALM VALLEY STORM CHANNEL AT THE TERMINATION OF OLD STONE TRAIL (APN 652- 090-002) Case Nos. TT 34943, DA 02-01 Amendment #3, and ZOA 09- 494 (Eagle 6.5, LLC, c/o Ted Lennon, Applicant/Appellant). Rec: Waive further reading and: 1) Adopt Resolution No.2010 - 13, granting the appeal, and approving the findings and TT 34943, subject to attached conditions. 2) Pass Ordinance No. 1208 to second reading, approving Development Agreement 02-01 Amendment #3. 3) Pass Ordinance No. 1209 to second reading, approving an amendment to the Hillside Planned Residential (HPR) Zone approved Ridgeline Map. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 B. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM OFFICE PROFESSIONAL (C-OP) TO LOW-DENSITY RESIDENTIAL (R-L) 0-4 UNITS PER ACRE AND A CHANGE OF ZONE FROM OFFICE PROFESSIONAL (0.P.) TO RESIDENTIAL ESTATES (R.E.) 40,000 SQUARE-FOOT MINIMUM LOT SIZE FOR TWO PARCELS LOCATED AT 77-925 HIDDEN RIVER ROAD AND 77-930 DELAWARE PLACE Case Nos. GPA / CZ 10-18 (City of Palm Desert, Applicant). Rec: Waive further reading and 1) Adopt Resolution No. 2014-14, approving a General Plan Amendment from C-0P to R-L. 2) Pass Ordinance No. 1210 to second reading, approving a Change of Zone from O.P. to R.E. 40,000. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Reminder of Joint City Council - Redevelopment Agency - Housing Authority - Planning Commission - Housing Commission Study Session/Tour of Housing Authority Properties on Thursday, March 18, 2010, Convening at 9:45 a.m. in the Civic Center North Wing Conference Room and Continuing with a Bus Tour. 2. Reminder of Special Joint City Council - Planning Commission Meeting, Wednesday, March 24, 2010, 4:00 p.m. in the Council Chamber for a Public Hearing regarding the Palm Desert Aquatic Complex D. PUBLIC SAFETY o Fire Department o Police Department 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 2010 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: March 15, 2010 3:00 p.m. Citizens’ Avd. Cmte.-Proj. Area #4 Administrative Conference Room March 16, 2010 2:00 p.m. Marketing Committee Public Works Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber March 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 March 23, 2010 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room March 24, 2010 4:00 p.m. Spec. Jt. City Council/RDA Meetings Civic Center Council Chamber March 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 not less than 72 th hours prior to the meeting. Dated this 5 day of March, 2010. ___________________________ Rachelle D. Klassen, City Clerk 11