HomeMy WebLinkAboutAGENDA 14 OCT 2010
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, OCTOBER 14, 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: APNs 627-092-050 and 627-092-006
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/Bryce White/
City of Palm Desert/Palm Desert Redevelopment Agency
Property Owner: City of Palm Desert/
Palm Desert Redevelopment Agency
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: 3
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
Conference with Legal Counsel regarding potential to initiate litigation
pursuant to Government Code Section 54956.9(c):
Number of potential cases: 1
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 TO THE FLAG OF
THE UNITED STATES OF AMERICA – Councilmember Jean M. Benson
VII. INVOCATION – Mayor Cindy Finerty
VIII. ORAL COMMUNICATIONS – B
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.
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
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
A. PRESENTATION OF A SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS (SCAG) PROCLAMATION TO MRS. MARY HELEN
KELLY IN HONOR OF FORMER COUNCILMAN RICHARD S. KELLY'S
YEARS OF SERVICE TO SCAG.
Action:
B. PRESENTATION OF AWARD RECEIVED BY PALM DESERT CITIZENS
ON PATROL (COPS) AT THE RECENT NACOPS CONFERENCE IN
CHINO HILLS, CALIFORNIA.
Action:
C. PRESENTATION TO THE CITY OF PALM DESERT BY RIVERSIDE
COUNTY REGISTRAR OF VOTERS OFFICE REGARDING VOTING
PROCEDURES AND DEADLIINES ASSOCIATED WITH THE
UPCOMING STATEWIDE GENERAL ELECTION ON TUESDAY,
NOVEMBER 2, 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 September 23, 2010; the
Adjourned Regular Meetings of September 15 and September 16, 2010.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 75, 76, 77, 80, 81, and 85.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#669) by Stephanie A. Myers in the Amount
of $13,751.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
D. CLAIM AGAINST THE CITY (#670) by Lorel Cornman in the Amount of
$6,000,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
E. CLAIM AGAINST THE CITY (#671) by Willard L. Johnson in the Amount
of $6,000,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
F. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of May 2010, June 2010, July 2010, and August 2010 (Joint
Consideration with the Palm Desert Redevelopment Agency).
Rec: Receive and file.
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fresh Agave
Mexican Bar & Grill, 73-325 Highway 111, Palm Desert.
Rec: Receive and file.
H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sense,
73-675 Highway 111, Palm Desert.
Rec: Receive and file.
I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Venue
Sushi Bar & Sake Lounge, 73-111 El Paseo, Suite 103, Palm Desert.
Rec: Receive and file.
J. CITY COMMITTEE AND COMMISSION MEETING MINUTES .
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
1. Audit, Investment & Finance Committee Meeting of June 22, 2010.
2. Cultural Resources Preservation Committee Meeting of June 29,
2010.
3. Landscape Beautification Committee Meeting of July 21, 2010.
4. Library Promotion Committee Meeting of July 21, 2010.
5. Parks & Recreation Commission Meetings of July 20 and
September 7, 2010.
Rec: Receive and file.
K. REQUEST FOR APPROVAL of Reimbursement of the Art In Public
Places Fee in the Amount of $25,937.50 for "Journeys of the Imagination"
by Gary Price for El Paseo Village (El Paseo Land Co. LLC, c/o Davis
Street Land Co., Applicant).
Rec: By Minute Motion, approve reimbursement of the Art In Public
Places Fee in the amount of $25,937.50 for "Journeys of the
Imagination" by Gary Price, the public art component for El Paseo
Village located at 73-405, 73-425, and 73-445 El Paseo, Palm
Desert - funds are available in Account No. 436-0000-228-9900.
L. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No.
C29490 - Landscape Maintenance Area No. 2 - to Add Monthly
Maintenance of the Bike Path on Magnesia Falls Drive Between Deep
Canyon and Cook Street (Project No. 902-10).
Rec: By Minute Motion, approve Amendment No. 1 in the amount of
$4,760 to the subject contract with Pinnacle Landscape Company,
Inc., Santa Ana, California, to add the monthly maintenance of the
bike path on Magnesia Falls Drive between Deep Canyon and
Cook Street to Landscape Maintenance Area No. 2 - funds are
available in General Fund Account No. 110-4614-453-3370 -
Repair/Maintenance Medians.
M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29720 -
2010 Citywide Resurfacing Project (Project No. 752-10) (Matich
Corporation, San Bernardino, 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.
N. REQUEST FOR AUTHORIZATION to Release Security for Street
Improvements Along Monterey Avenue at Atria Senior Living and Accept
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
the One-year Maintenance Deposit for the Project (Atria Senior Living
Group, Inc., Applicant).
Rec: By Minute Motion, release security for Atria Senior Living street
improvements and accept the One-year Maintenance Deposit.
O. REQUEST FOR AUTHORIZATION to Release Rough Grading Security
for El Paseo Village Located on El Paseo Between San Pablo Avenue and
Lupine Lane (Case No. PP 07-10) (El Paseo Land Company, LLC,
Applicant).
Rec: By Minute Motion, release rough grading security for El Paseo
Village Project (Case No. PP 07-10).
P. REQUEST FOR AUTHORIZATION to Submit Application for Tree City
USA Designation for the City of Palm Desert.
Rec: By Minute Motion: 1) Authorize staff to submit an application to the
State Forester for the City to be considered for the The Tree City
USA designation; 2) authorize the Mayor to execute the application.
Q. REQUEST FOR AUTHORIZATION to Participate in the Riverside County
Sheriff's Department's 2010 "Shop With a Cop" Program in an Amount Not
to Exceed $2,800.
Rec: By Minute Motion, approve of City of Palm Desert's participation in
the 2010 "Shop With a Cop" Program in an amount not to exceed
$2,800 - funds are available in Police Contingency Account No.
110-4210-422-3042.
R. REQUEST FOR AUTHORIZATION to Participate in the Riverside County
Sheriff's Department's 2011 "Every Fifteen Minutes" Program in an
Amount Not to Exceed $7,000.
Rec: By Minute Motion, approve the City of Palm Desert's participation in
the 2011 "Every Fifteen Minutes" Program in an amount not to
exceed $7,000 - funds are available in Police Contingency Account
No. 110-4210-422-3042.
S. REQUEST FOR AUTHORIZATION to Participate in a Commemorative
Insert in The Desert Sun, Marking the 25th Anniversary of California State
University, San Bernardino's, Presence in the Coachella Valley.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
Rec: By Minute Motion, approve the City of Palm Desert's participation in
The Desert Sun Commemorative insert in the amount of $500 -
funds are available in the Marketing - Special Events Account No.
110-4416-414-3062.
T. REQUEST FOR APPROVAL of Out-of-State Travel for the Landscape
Manager to Attend the 2010 Irrigation Association Conference in Phoenix,
Arizona, December 4-7.
Rec: By Minute Motion, authorize the Landscape Manager to attend the
2010 Irrigation Association Conference in Phoenix, Arizona,
December 4-7, at an estimated cost of $1,820 - funds are available
in General Fund Account No. 110-4614-453-3120 - Landscape
Services Conferences/Seminars/Workshops.
U. REQUEST FOR APPROVAL of Exemption from Palm Desert Municipal
Code Sections 9.58.010 and 9.58.020 in Connection with the Sale,
Possession, and Consumption of Wine and/or Spirits at the Joslyn
Center's Sponsored Events for Fiscal Year 2010-2011.
Rec: By Minute Motion, approve the exemption from Palm Desert
Municipal Code Sections 9.58.010 and 9.58.020 to permit the sale,
possession, and consumption of wine and/or spirits at the Joslyn
Center's sponsored events as enumerated in the accompanying
staff report.
Action:
XI. CONSENT ITEMS HELD OVER
XII. RESOLUTIONS
A. RESOLUTION NO. 2010-76 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, IN SUPPORT OF
"BUSINESS FRIENDLY PRINCIPLES" AS PART OF THE SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENT'S DEVELOPMENT OF
A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY.
Rec: Waive further reading and adopt.
Action:
XIII. ORDINANCES
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
For Introduction:
A. ORDINANCE NO. 1217 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SPECIFIED
CHAPTERS OF THE PALM DESERT MUNICIPAL CODE TO ADOPT
THE 2010 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS,
TITLE 24, AND RELATED CODES WITH SELECTED APPENDICES
AND AMENDMENTS.
Rec: Waive further reading and pass to second reading at a public
hearing to be conducted at the meeting of November 18, 2010.
Action:
For Adoption:
None
XIV. NEW BUSINESS
None
XV. CONTINUED BUSINESS
A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF
SEPTEMBER 9, 2010 (Continued from the meeting of September 23,
2010).
Rec: Approve as presented.
Action:
B. REQUEST FOR APPROVAL OF ADVERTISING DESIGN SERVICES AS
PRESENTED BY OFF MADISON AVE. (CONTRACT NO. C30110)
(Continued from the meetings of July 27, August 26, and September 23,
2010).
Rec: By Minute Motion, continue to a date uncertain.
Action:
C. REQUEST FOR APPROVAL OF THE 2010/2011 MEDIA PLACEMENT
PLAN (Continued from the meetings of July 27, August 26, and
September 23, 2010).
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
Rec: By Minute Motion, continue to a date uncertain.
Action:
XVI. OLD BUSINESS
A. REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS AND
AUTHORIZE STAFF TO NEGOTIATE WITH KAMRAN AND COMPANY,
INC., FOR CONTRACT NO. R29450D - DESERT WILLOW KITCHEN
EQUIPMENT PROJECT AT DESERT WILLOW GOLF RESORT (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Rec: By Minute Motion, reject all bids and authorize staff to negotiate
with Kamran and Company, Santa Barbara, California, for the
subject contract for Kitchen Equipment at Desert Willow Golf Resort
- funds are available in Desert Willow Golf Course Maintenance
Fund 241.
Action:
B. REQUEST FOR AUTHORIZATION TO NEGOTIATE AND FINALIZE A
FUNDING AGREEMENT BETWEEN THE CITY OF PALM DESERT AND
THE CHILDREN'S DISCOVERY MUSEUM OF THE DESERT FOR THE
EXPANSION AND RENOVATION OF THEIR CURRENT FACILITY
(CONTRACT NO. C30150).
Rec: By Minute Motion: 1) Authorize staff to negotiate and finalize a
Funding Agreement between the City of Palm Desert and the
Children's Discovery Museum of the Desert; 2) approve said
Agreement substantially as to form; 3) authorize the City Manager
to approve and Mayor to execute the Funding Agreement in the
amount of $500,000 for the purpose of expanding and renovating
the existing facility, specifically for the procurement of new exhibits
- funds are available in Special Programs, Account No. 400-4800-
454-3902.
Action:
XVII. PUBLIC HEARINGS
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
A. REQUEST FOR APPROVAL OF LOCAL HISTORIC LANDMARK
DESIGNATION FOR THE PALM DESERT COMMUNITY CENTER
(FORMER PALM DESERT COMMUNITY LIBRARY) LOCATED AT 45-
480 PORTOLA AVENUE Case No. CRPC 10-03 (City of Palm Desert,
Applicant).
Rec: Waive further reading and adopt Resolution No. 2010-77,
reaffirming the action of the Cultural Resources Preservation
Committee to designate the Palm Desert Community Center
(former Palm Desert Community Library) located at 45-480 Portola
Avenue (Assessor's Parcel Numbers 625-132-044 and 625-132-
043) with Landmark Designation in accordance with Section
29.40.010 of the Palm Desert Municipal Code.
Action:
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Consideration of the Palm Desert After School Programs' Golf Cart
Parade Entry Participation.
Rec: By Minute Motion, direct staff as to which City
Councilmember would like to ride the City/After School
Program’s decorated golf cart at the 2010 Golf Cart Parade.
Action:
B. CITY ATTORNEY
C. CITY CLERK
D. PUBLIC SAFETY
o Fire Department
o Police Department
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2010
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
FUTURE MEETINGS:
October 18, 2010 3:00 p.m. Citizen’s Adv. Cmte.-Prj. Area #4
Administrative Conference Room
October 19, 2010 2:00 p.m. Marketing Committee
Administrative Conference Room
6:00 p.m. Planning Commission
Civic Center Council Chamber
October 20, 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
October 26, 2010 10:00 a.m. Audit, Investment & Finance Committee
North Wing Conference Room
10:00 a.m.. Cultural Resources Preservation Cmte.
Administrative Conference Room
12:00 p.m. Architectural Review Commission
Community Services Conference Room
October 28, 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 hours prior to the meeting. Dated this 8th day of October, 2010
______________________________
Rachelle D. Klassen, City Clerk
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