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Home My WebLink AboutAGENDA 14 APRIL 2011POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 14, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 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: 47455 South Cliff Road (APN 628-120-012), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert Property Owner: Kathleen Rust/Hayward Pardue Under Negotiation: x Price x Terms of Payment 2) APN 626-140-060, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Rob Ballew/Family YMCA of the Desert 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 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. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING Action: VI. PLEDGE OF ALLEGIANCE - Mayor Jean M. Benson VII. INVOCATION - Mayor Pro Tern Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B APRIL 14, 2011 Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Redevelopment Agency, or Financing Authority Boards at this point by stepping to the lectern and givinq 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 Financing Authority Boards. Because the Brown Act does not allow the City Council, Redevelopment Agency, or Financing 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 Financing Authority meeting. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on We in the Office of the City Clerk and are available for public inspection during normal business hours, Monday - Friday, 8:00 a.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346- 0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE KIMBERLY BOWERS FOR HER SERVICE TO THE CTY AS A MEMBER OF ITS MARKETING COMMITTEE, 2009 - 2011. B. APPOINTMENT OF MEMBERS TO THE INAUGURAL PALM DESERT CITIZEN'S SUSTAINABILITY COMMITTEE, PURSUANT TO CITY COUNCIL RESOLUTION NO. 2010-79. Rec: 1) Discussion to occur at the meeting, with report on City CounciImembers' selections of applicants. 2) By Minute Motion, appoint nine (9) Members to the inaugural Palm Desert Citizen's Sustainability Committee, with staggered terms of two, three, and four years to be determined at the Committee's organizational meeting. F-ITAMe , X. CONSENT CALENDAR POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2011 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 24, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 201, 202, 205, and 206. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Cultural Resources Preservation Committee Meeting of February 22, 2011. 2. Public Safety Commission Meetings of January 12, and February 9, 2011. Rec: Receive and file. D. LETTER OF RESIGNATION from Everett Wod - Audit, Investment & Finance Committee. Rec: Receive with very sincere regret. E. AUDITED Financial Reports for the City of Palm Desert - Fiscal Year Ended June 30, 2010. Rec: Receive and file. F. AUDITED Financial Reports for Palm Desert Recreational Facilities Corporation - Fiscal Year Ended June 30, 2010. Rec: Receive and file. G. AUDITED Financial Reports for the Palm Desert Redevelopment Agency - Fiscal Year Ended June 30, 2010. Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2011 H. RESOLUTION NO. 2011 - 26 A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Paper Records from the Office of the City Clerk that Have Been Digitally Imaged (April 4, 2011, List). Rec: Waive further reading and adopt. REQUEST FOR RENEWAL of the Trust Agreement Between Wells Fargo Corporate Trust Services and the City of Palm Desert for Another Five (5) Years (Contract No. C24551) (Joint Consideration with the Palm Desert Redevelopment Agency and the Palm Desert Financing Authority). Rec: By Minute Motion, approve renewal of the Trust Agreement between Wells Fargo Corporate Trust Services and the City of Palm Desert for another five (5) years. J. REQUEST FOR AWARD OF CONTRACT for the Citywide Lighting Inventory Project to RBF Consulting, Inc., in the Amount of $16,403.12 (Contract No. C30410). Rec: By Minute Motion: 1) Award subject contract for the Citywide Lighting Inventory Project to RBF Consulting, Inc., Palm Desert, California, in the amount of $16,403.12; 2) authorize the Director of Finance to set aside an additional 10% contingency for the project in the amount of $1,640.31; 3) authorize the Mayor to execute said contract -- funds are available in General Fund Account No. 110- 4611-453-3092 - Public Works Park Maintenance - Professional Services and in Account No. 110-4300-413-3010 - Public Works Administration - Professional Services. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C30080 - 2011 Citywide Slurry Seal Project (Project No. 751-11) (American Asphalt South, Inc., Fontana, 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. C30220 - Washington Charter School Playground Improvements (Project No. 729- 11) (Robertson Industries, Phoenix, AZ). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2011 M. REQUEST FOR APPROVAL to Pay Desert Recreation District for the City's Sponsorship of the 2011 International Sports Festival. Rec: By Minute Motion, approve payment in the amount of $26,000 to Desert Recreation District for the 2011 International Sports Festival from Account No. 110-4416-414-3062. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING SIGNING AUTHORITY FOR CITY EMPLOYEES ON THE YMCA / CITY OF PALM DESERT AQUATIC CENTER BANK ACCOUNT. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1222 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 8.81.010 - HEALTH AND SAFETY - PALM DESERT MUNICIPAL CODE, RELATIVE TO ADMINISTRATIVE CITATIONS - VIOLATIONS OF THE ZONING ORDINANCE AND BUILDING CODE. Rec: Waive further reading and adopt. F-ITAMe , 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2011 B. ORDINANCE NO. 1223 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT REQUIRING A CONDITIONAL USE PERMIT FOR SHORT-TERM VACATION RENTALS IN NON -GATED RESIDENTIAL NEIGHBORHOODS OR COMMUNITIES Case No. ZOA 10-68 (City of Palm Desert, Applicant). XIV. NEW BUSINESS A. CONSIDERATION OF THE MANNER IN WHICH TO HEAR AN APPEAL TO THE DENIAL OF A MASSAGE THERAPIST PERMIT (Law Office of Byron G. Cornelius On Behalf of Yanli Li, Appellant). Rec: By Minute Motion: 1) Set Appeal Hearing to be conducted at the next regular City Council Meeting, April 28, 2011; or 2) refer the Appeal to a Hearing Officer for recommendation to the City Council for its action at a future City Council Meeting. B. REQUEST FOR ADOPTION OF RESOLUTIONS, AUTHORIZING THE INVESTMENT OF SURPLUS MONIES IN A RABOBANK MONEY MARKET ACCOUNT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: Waive further reading and adopt: 1) City Council Resolution No. 2011-28, authorizing the investment of monies in a Rabobank Money Market Account; 2) Redevelopment Agency Resolution No. 584, authorizing the investment of monies in a Rabobank Money Market Account. F-IT4 e , C. CONSIDERATION OF A CITY OF PALM DESERT STREET -NAMING POLICY. Rec: By Minute Motion, provide direction to staff on proceeding with a policy for naming streets. Action - POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2011 D. REQUEST FOR AUTHORIZATION FOR STAFF TO NEGOTIATE A CONTRACT WITH ECOMOTION TO INITIATE A PACE (PROPERTY ASSESSED CLEAN ENERGY) STATEGY AND NATIONAL LOBBYING EFFORT (CONTRACT NO. C30730). Rec: By Minute Motion: 1) Authorize staff to negotiate and sign a contract with EcoMotion to initiate a PACE Solutions strategy and lobbying effort in an amount not to exceed $25,000; 2) appropriate $25,000 from the General Fund Unobligated Reserve to support EcoMotion's creation of an appropriate entity to lobby the Executive and Legislative Branches of the Federal Government to find a resolution to the Federal Housing Finance Agency (FHFA) position on AB 811/PACE loans for energy improvements. F-IT41 Me, E. REQUEST FOR AWARD OF CONTRACT TO OFF MADISON AVE. FOR ONLINE MARKETING SERVICES FOR THE REMAINDER OF FISCAL YEAR 2010-2011 AND FOR FISCALYEAR 2011-2012 (CONTRACT NO. C30740). Rec: By Minute Motion: 1) Concur with the Marketing Committee's recommendation and award the subject contract to Off Madison Ave. (OMA), Phoenix, Arizona, for Online Marketing Services; 2) authorize the Mayor to execute the agreement on behalf of the City - funds are available in Account No. 110-4417-414-3090 - Professional Other (Retainer), in Account No. 110-4417-414-3219 (Ad Production), and in Account No. 110-4417-414-3221 (Media Buys). Action: VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2011 F. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED IN FALCON CREST AND KNOWN AS 42-253 VERDIN LANE (APN 624- 431-016), PALM DESERT, IF NECESSARY, IN ANTICIPATION OF EXPIRATION OF THE FIRST RIGHT -OF -REFUSAL PERIOD (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Authorize acquisition of the subject property for the purpose of retaining affordability covenants and resale, if necessary, in anticipation of expiration of the 45-day First Right -of - Refusal Period, in an amount pursuant to the Affordable Agreement (approximately $240,462 [to be increased by reasonable closing costs and commissions]); 2) approve Agency Silent Second and City BEGIN Third Trust Deeds in amounts necessary to secure an affordable housing cost pursuant to Redevelopment Law for either a direct sale or Agency resale from Housing Set -aside Fund and BEGIN Program monies; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction; 4) authorize the Executive Director or his designee to execute any documents necessary to facilitate this transaction - funds are available in Acquisition Rehab and Resale Account No. 870-4492- 464-4001, BEGIN Program Fund Account No. 214-4494-464-3901, and Homebuyer Assistance Account No. 870-4699-464-4001. G. INFORMATIONAL REPORT REGARDING A TEMPORARY PROGRAM TO ALLOW OFF -SITE DIRECTIONAL SIGNAGE FOR OPEN HOUSES UNDER SPECIFIC CONDITIONS. Rec: By Minute Motion, receive and file. FTITAMe , XV. CONTINUED BUSINESS None A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2011 XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO DIGITAL NETWORKS GROUP, INC., IN THE AMOUNT OF $122,274.96 FOR THE PALM DESERT COUNCIL CHAMBER AUDIO VISUAL SYSTEM UPGRADE PROJECT (CONTRACT NO. C29920). Rec: By Minute Motion: 1) Award the subject contract to Digital Networks Group, Inc., Alison Viejo, California, in the amount of $122,274.96; 2) authorize the Mayor to execute said contract; 3) provide direction regarding timing of said construction - funds are available in Account No. 400-4563-433-4001. B. REQUEST FOR APPROVAL OF THE REIMBURSEMENT OF ART IN PUBLIC PLACES FEE IN THE AMOUNT OF $91,038.50 FOR "FORM IN FLUX - CANTAMAR" BY WOODS DAVY FOR THE SEGOVIA AT PALM DESERT PROJECT LOCATED AT 39-905 VIA SCENA (Oakmont Senior Living, Applicant). Rec: By Minute Motion, approve reimbursement of the Art in Public Places Fee in the amount of $91,038.50 for "Form In Flux - Cantamar" by Woods Davy, the public art component for Segovia at Palm Desert located at 39-905 Via Scena - funds are available in Account No. 436-0000-228-9900. C. UPDATE ON IMPLEMENTATION OF NEW BURRTEC DEDICATED ROUTES AND SERVICE DAYS FOR ALL REGULAR SOLID WASTE AND RECYCLING COLLECTION (RESIDENTIAL AND COMMERCIAL). Rec: By Minute Motion, receive and file. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2011 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AN AMENDMENT TO RESOLUTION NO. 91-5, REMOVING DEPARTMENT OF COMMUNITY DEVELOPMENT/PLANNING CONDITION REGARDING EXCLUSION OF A SUPERMARKET; ZONING ORDINANCE AMENDMENT TO CHAPTER 25.30 OF THE PALM DESERT MUNICIPAL CODE TO ALLOW SUPERMARKETS NOT EXCEEDING 60,000 GROSS SQUARE FEET AS CONDITIONAL USES IN THE REGIONAL COMMERCIAL PC (3) ZONE; EXTERIOR MODIFICATIONS AND A TOWER ELEMENT (AS PROVIDED FOR BY P.D.M.C. 25.56.300) TO INCREASE THE WEST TOWER ELEMENT FROM 34 FEET TO 40 FEET LOCATED AT 72-280 HIGHWAY 111; AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Case Nos. ZOA/CUP 10-228 (KKE Architects, Applicant) (Continued from the meetings of February 24 and March 10, 2011). Rec: By Minute Motion, continue to the meeting of April 28, 2011. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2011 B. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION, DENYING A REQUEST FOR A TENTATIVE TRACT MAP WITH ASSOCIATED CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT) ADDENDUM TO THE SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR STONE EAGLE; THIRD AMENDMENT TO DEVELOPMENT AGREEMENT 02-01 (STONE EAGLE DEVELOPMENT); AND ZONING ORDINANCE AMENDMENT TO REVISE THE HILLSIDE PLANNED RESIDENTIAL (HPR) ZONE RIDGELINE MAP, WHICH WOULD ALLOW THE SUBDIVISION OF 7.7 ACRES INTO SIX (6) RESIDENTIAL LOTS - SUBJECT PROPERTY IS 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: 1) Waive further reading and adopt Resolution No. 2011 - 29, granting the appeal, and approving the findings and TT 34943, subject to attached conditions. 2) By Minute Motion, adopt the Addendum to the Subsequent Environmental Impact Report for the proposed Tentative Tract Map and Zoning Ordinance Amendment, pursuant to CEQA. 3) Waive further reading and pass Ordinance No. 1208 to second reading, approving Development Agreement 02-01 Amendment #3. 4) Waive further reading and pass Ordinance No. 1209 to second reading, approving an amendment to the Hillside Planned Residential (HPR) Zone approved Ridgeline Map. F-ITAMe , 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2011 C. REQUEST FOR APPROVAL OF THE FINAL RELOCATION PLAN AND RELATED CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT) EXEMPTION FOR THE PROPOSED CONSTRUCTION OF PUBLIC PARKING AT THE ADOBE VILLAS APARTMENTS LOCATED AT 45-330 OCOTILLO DRIVE, PALM DESERT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Conduct a public hearing. Following public hearing, by Minute Motion: 2) Approve the Final Relocation Plan for Adobe Villas Apartments in the City of Palm Desert. 3) Authorize the Director of Finance to appropriate funds and draw monies necessary for the purpose of relocation assistance and benefits not to exceed $204,946 as outlined in the Final Relocation Plan from Account No. 850-4688-454-4001. 4) Authorize the Executive Director to execute any documents necessary to effectuate the actions taken by the Agency Board herewith. 5) Approve and authorize filing of the Notice of California Environmental Quality Act (CEQA) Exemption for the demolition of the Adobe Villas Apartments and construction of public parking. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of March 16-April 5, 2011. Rec: Receive and file. B. CITY ATTORNEY C. CITY CLERK 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: APRIL 14, 2011 o City Council Consideration of Travel Reauests and Reports: o City Council Committee Reports: o City Council Comments: o Suggested Items for Future City Council Meeting Agendas XIX. ADJOURNMENT FUTURE MEETINGS April 18, 2011 3.00 p.m. Citizens' Adv. Cmte. — Proj. Area #4 Administrative Conference Room April 19, 2011 2.00 p.m. Marketing Committee Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber April 20, 2011 9.00 a.m. Art In Public Places Commission Community Services Conference Room 11.30 a.m. Landscape Beautification Committee Administrative Conference Room 3.00 p.m. Library Promotion Committee Administrative Conference Room April 26, 2011 10.00 a.m. Audit, Investment & Finance Cmte. 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 April 28, 2011 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 April, 2011. Rachelle D. Klassen, City Clerk 13