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HomeMy WebLinkAboutAGENDA 25 AUGUST 2011POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 25, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 CALL TO ORDER - 3:00 P.M. II. ROLL CALL A. ORIENTATION TO UPDATED COUNCIL CHAMBER AUDIO-VISUAL SYSTEM PRESENTED BY CITY'S CONSULTANT, K2 AUDIO, LLC. FTIT4 e , 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: Lease Property - Parkview Professional Office Complex 73710 Fred Waring Drive, Suite No. 200, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Coachella Valley Association of Governments/ EcoMotion Under Negotiation: x Price x Terms of Payment POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2011 2) Property: 72-240 Upper Way West (APN 628-130-007), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/David J. Erwin/City of Palm Desert Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) California Redevelopment Association, et al., v. Ana Matosantos, et al Supreme Court of the State of California, Case No. S194861 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 - Councilmember Jan C. Harnik VII. INVOCATION - Mayor Jean M. Benson VIII. ORAL COMMUNICATIONS — B Any person wishing to discuss any item not scheduled for public hearing may address the City Council or Redevelopment Agency 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. 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. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2011 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, AUGUST 25, 2011, AS "WESTFIELD PALM DESERT DAY" IN THE CITY OF PALM DESERT, RECOGNIZING WESTFIELD'S CONTRIBUTION TO THE PALM DESERT PUBLIC LIBRARY'S SUMMER READING PROGRAM. B. PRESENTATION TO THE CITY COUNCIL BY NEW DIRECTOR OF THE EARLY CHILDHOOD EDUCATION PROGRAM OF FAMILY YMCA OF THE DESERT. 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 Meetings of July 14, July 28, and August 11, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 1, 5, 8, 12, 14, 15, 19, 22, 23, 25, 29, 33, 34, 38. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of April 2011 and May 2011 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2011 D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meetings of April 26, and May 24, 2011. 2. Landscape Beautification Committee Meeting of April 20, 2011. 3. Marketing Committee Meeting of June 21, 2011. 4. Parks & Recreation Commission Meeting of June 7, 2011. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fiesta Grill La Casita, 77-912 Country Club Drive, Units 3B & 3C, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fisherman's Market & Grill, 44-250 Town Center Way, Suite C2, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Piero's Pizzavino, 73-722 El Paseo, Suites 1 & 2, Palm Desert. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pronto Food Mart & Mexican Grill, 78-010 Country Club Drive, Suite 400, Palm Desert. Rec: Receive and file. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal - Palm Desert Police Motorcycle. Rec: By Minute Motion, declare Police Motorcycle, 2003 BMW 1150RT (VIN WB10499A13ZE90551) surplus property and authorize its disposal as proposed. In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2011 J. REQUEST FOR APPROVAL of Amended 2011 Palm Desert ATHENA Scholarship Award Agreement Between the City of Palm Desert and CSUSB Philanthropic Foundation (Contract No. C24306A). Rec: By Minute Motion: 1) Approve an Amended Agreement between the City of Palm Desert and CSUSD Philanthropic Foundation in the amount of $3,675 to establish the 2011 Palm Desert ATHENA Scholarship Fund; 2) authorize the City Manager to sign said agreement on behalf of the City. K. REQUEST FOR APPROVAL of Contract with Wurms Janitorial Services, Inc., to Provide Janitorial Services at the Palm Desert Sheriffs Substation, 73-520 Fred Waring Drive (Contract No. C31100). Rec: By Minute Motion, authorize approval of the subject contract with Wurms Janitorial Services, Inc., Corona, California, in the amount of $8,794.08 ($732.84/month) for the period of September 1, 2011, through August 30, 2012 - funds are available in Account No. 510- 4195-495-3310. L. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C27150 - Professional Consulting Services Relative to Housing Element Update to the City of Palm Desert General Plan as Required by the State of California. Rec: By Minute Motion, approve Amendment No. 1 in the amount of $414.76 to the subject contract with Terra Nova Planning & Research, Inc., Palm Desert, California, for additional reimbursable expenses associated with filing the approved Housing Element Update of the Palm Desert General Plan with the Riverside County Clerk's Office - funds are available in Account No. 110-4470-412- 3090. M. REQUEST FOR APPROVAL of Amendment One to the AB2766 Memorandum of Understanding (MOU) Between the Coachella Valley Association of Governments (CVAG) and Member Jurisdictions for the Purpose of Regional PM10 Air Quality Programs and Other Related Air Quality Services (Contract No. C29931). Rec: By Minute Motion: 1) Approve Amendment One to the subject MOU between CVAG and Member Jurisdictions for the Purposes of Regional PM10 Air Quality Programs and Other Related Air Quality Services; 2) authorize the City Manager to execute Amendment One to the AB2766 MOU. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2011 N. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C30300 - Renovation of Fire Station Nos. 33 and 71 Project (Project No. 613-09) (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $7,481 to the subject contract with The PENTA Building Group, Palm Desert, California, to perform a structural repair of an existing condition, as part of the Fire Station No. 33 Renovation Project; 2) authorize the Chairman to execute said document; 3) authorize the Director of Finance to transfer $7,481 from the 10% contingency set -aside to the base contract - funds are available in Account No. 850-4220-464-4001. O. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C30210 - Consultant Design/Build Services for the EECBG Photovoltaic Systems Project (Project No 704-11) (Stronghold Engineering, Inc., Riverside, 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. P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C30530 - Kansas Street Retention Basin Landscape Project (Project No. 910-10) (Leon's Landscaping and Tree Service, Inc., Thousand Palms, CA) (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Q. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C30640 - 2011 Curb Ramp Modification Project (Project No. 753-11) (Simon Contracting, Indio, 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. R. REQUEST FOR APPROVAL of the Palm Desert Legislative Review Committee's Recommendation to Provide a Letter to Assemblyman Nestande and Senator Emmerson Regarding Amendments to the "Solar Rights Act." Rec: By Minute Motion, approve the recommended correspondence to Assemblyman Nestande and Senator Emmerson, regarding amendments to the "Solar Rights Act." C^'. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2011 S. REQUEST FOR APPROVAL to Expend CalCOPS Funds for a Crime Prevention Through Environmental Design (CPTED) Course Being Held in Coronado, California, August 29-31, 2011. Rec: By Minute Motion, approve the Palm Desert Police Department's request to expend CalCOPS funds in an amount not to exceed $1,986 for sending two (2) Palm Desert Community Services Officers to a CPTED Course in Coronado - funds are available under the CalCOPS Program, Account No. 229-4210-422-3914. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT OVER A PORTION OF LOT "C," MOUNTAIN RIDGE, AND THE EMERGENCY VEHICULAR ACCESS EASEMENT OVER THE SAME PORTION OF LOT "C," MOUNTAIN RIDGE, AND OVER LOT "I," A COACHELLA VALLEY WATER DISTRICT TANK SITE, TRACT NO. 28575-3, IN CANYONS AT BIGHORN, UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE (Coachella Valley Water District, Applicant). Rec: Waive further reading and adopt. F-ITAMe , B. RESOLUTION NO. 2011 - 75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 08-09 AND AMENDING RESOLUTION NO. 03-49, INCREASING THE MEMBERSHIP AND COMPOSITION OF THE PALM DESERT MARKETING COMMITTEE. Rec: Waive further reading and adopt. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2011 XIII. ORDINANCES For Introduction: For Adoption: A. ORDINANCE NO. 1221 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.30 OF THE PALM DESERT MUNICIPAL CODE, ALLOWING SUPERMARKETS NOT EXCEEDING 60,000 GROSS SQUARE FEET AS A CONDITIONAL USE IN THE REGIONAL COMMERCIAL PC(3) ZONE, Case No. ZOA 10-228 (KKE Architects, Applicant). Rec: Waive further reading and adopt. B. ORDINANCE NO. 1224 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM DESERT - PROVIDING A SECOND TIER OF BENEFITS FOR EMPLOYEES HIRED AFTER SEPTEMBER 1, 2011. Rec: Waive further reading and adopt. C. ORDINANCE NO. 1226 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 3, SECTION 3.46 OF THE PALM DESERT MUNICIPAL CODE, CONCERNING THE LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN. Rec: Waive further reading and adopt. Action: A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2011 XIV. NEW BUSINESS A. CONSIDERATION OF AN ORDINANCE, APPROVING PARTICIPATION IN THE "ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM," AND RELATED ACTIONS TO MAKE THE REQUIRED PAYMENTS TO THE STATE OF CALIFORNIA AND CONTINUE REDEVELOPMENT ACTIVITIES UNDER AB X1 27 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Waive further reading and pass Ordinance No. 1227, to second reading, approving the City of Palm Desert's participation in the Alternative Voluntary Program in compliance with Part 1.9 Division 24 of the California Health and Safety Code. 2) By Minute Motion, direct staff to prepare and present at a future City Council Meeting agreement between the City and Agency to transfer Tax Increment in reimbursement of the annual remittance due per the calculation set forth by AB X1 27 and recommended adjustments to the City and Agency budgets necessary to make the required AB X1 27 payment for FY 2011-2012. 3) By Minute Motion, ratify the City Manager's filing to the State Department of Finance, appealing determination of the amount of the City's required AB X1 27 payment for FY 2011-2012. F-ITAMe , B. CONSIDERATION OF RESOLUTIONS THAT ADOPT AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE AND MAKE AN ELECTION FOR THE CITY TO SERVE AS A SUCCESSOR AGENCY UNDER PART 1.85 OF COMMUNITY REDEVELOPMENT LAW IN THE EVENT THE AGENCY IS DISSOLVED PURSUANT TO THE REQUIREMENTS OF AB X1 26 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELPMENT AGENCY). Rec: Waive further reading and adopt: 1) Redevelopment Agency Resolution No. 588, adopting an Enforceable Obligation Payment Schedule. 2) City Council Resolution No. 2011 - 76, making an election for the City to serve as a successor agency under Part 1.85 of Community Redevelopment Law in the event the Agency is dissolved pursuant to the requirements of AB X1 26. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2011 C. REQUEST FOR APPROVAL OF A LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE, 2011-2014 (CONTRACT NO. C31110). Rec: By Minute Motion, approve the subject agreement between the City of Palm Desert and the County of Riverside, on behalf of its Sheriff's Department, to provide Law Enforcement Services for a three-year term commencing July 1, 2011, through June 30, 2014. FTITAMe , D. REQUEST FOR APPROVAL OF PAYMENT TO COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) IN THE AMOUNT OF $103,000 FOR THE OPERATION OF ROY'S DESERT RESOURCE CENTER. Rec: By Minute Motion, approve payment to CVAG in the amount of $103,000 for the operation of Roy's Desert Resource Center - funds are available in Account No. 110-4159-415-3630. E. REQUEST FOR AUTHORIZATION FOR STAFF TO PARTICIPATE WITH THE CALIFORNIA CENTER FOR SUSTAINABLE ENERGY ON THE SUNSHOT INITIATIVE OFFERED BY THE U.S. DEPARTMENT OF ENERGY AND TO ALLOW THE CITY MANAGER TO SIGN AS THE AUTHORIZED REPRESENTATIVE. Rec: By Minute Motion, authorize staff to participate with The California Center for Sustainable Energy on the SunShot Initiative offered by the U.S. Department of Energy and to allow the City Manager to sign as the authorized representative. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2011 F. REQUEST FOR APPROVAL OF A FUNDING AND USE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND COLLEGE OF THE DESERT, RELATING TO THE PALM DESERT AQUATIC CENTER (CONTRACT NO. C31120). Rec: By Minute Motion, authorize the Mayor to execute the subject Funding and Use Agreement with College of the Desert (COD), allowing for a $1 million contribution to Fund 242, Palm Desert Aquatic Center (PDAC), to assist with ongoing operations. G. CONSIDERATION OF CHANGING DATE OF SECOND REGULAR CITY COUNCIL MEETING IN SEPTEMBER DUE TO THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE, SEPTEMBER 21-23, 2011, IN SAN FRANCISCO. Rec: By Minute Motion, change date of the second regular City Council Meeting in September that would be held Thursday, September 22, 2011, at 3.00 p.m., and adjourn it to Thursday, September 29, 2011, at 3.00 p.m. for Closed Session, 4.00 p.m. for Regular Session and Public Hearings. H. INFORMATIONAL REPORT PERTAINING TO DESERT RECREATION DISTRICT'S FIRST ANNUAL COACHELLA VALLEY CYCLE FEST SCHEDULED FOR SATURDAY, OCTOBER 22, 2011. Rec: By Minute Motion, receive and file the report. F-IT4 e , XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2011 XVII. PUBLIC HEARINGS A. CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION FOR CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT) PURPOSES; A DEVELOPMENT AGREEMENT, PRECISE PLAN, CONDITIONAL USE PERMIT, AND A VESTING TENTATIE TRACT MAP FOR A PROPOSED 82-ROOM HOTEL AND 59-UNIT RESIDENTIAL CONDOMINIUM PROJECT WITH ANCILLARY USES AND AMENITIES ON A 4.97+/- GROSS ACRES OF CURRENTLY VACANT LAND (4.27 +/- ACRES) AND TO -BE -VACATED FRONTAGE ROAD (0.7 +/- ACRES) LOCATED EAST OF HIGHWAY 74, WEST OF OCOTILLO DRIVE, AND SOUTH OF THE IMAGO ART GALLERY - SUBJECT PROPERTY ADDRESS IS KNWON AS 45-640 HIGHWAY 74, Case Nos. DA/PP/CUP 09-507 and VTTM 36284 (PDH Partners, LLC, Applicant) (Continued from the meeting of July 14, 2011). Rec: 1) Pursuant to Section 25.37.050 of the Palm Desert Municipal Code, find that the Development Agreement is consistent with the General Plan as described in the Findings of City Council Resolution No. 2011 - 72, and waive further reading and pass Ordinance No. 1225 to second reading, approving Development Agreement No. 09-507. 2) Waive further reading and adopt Resolution No. 2011 - 72, approving Precise Plan and Conditional Use Permit No. 09- 507, Vesting Tentative Tract Map 36284, and a Mitigated Negative Declaration related thereto, subject to attached conditions. B. CONSIDERATION OF AMENDING THE CITY'S DEVELOPMENT REVIEW AND INSPECTION SERVICES FEE SCHEDULES TO INCORPORATE PROPOSED CHANGES IN FEES BASED ON THE COMPREHENSIVE COST OF SERVICES STUDY TO BECOME EFFECTIVE AS REQUIRED BY CITY POLICY AND TO REINSTATE PERMIT FEES FOR WATER HEATER AND HVAC INSPECTION. Rec: Waive further reading and adopt Resolution No. 2011- 77, adopting the City's Development Review and Inspection Services Fee Schedules as presented. F-IT41 Me, 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2011 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of July 6-August 16, 2011. Rec: Receive and file. Action: 2. Report Regarding Use of Storey Poles for Future Land Use Applications. Action- B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action- 0 City Council Consideration of Travel Requests and Reports: o City Council Committee Reports: o City Council Comments- 0 Suggested Items for Future City Council Meeting Agendas XIX. ADJOURNMENT 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2011 FUTURE MEETINGS: August 30, 2011 10.00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room September 6, 2011 8.30 a.m. Parks & Recreation Commission Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber September 7, 2011 3.30 p.m. Adj. Reg. Housing Commission North Wing Conference Room September 8, 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 19t" day of August, 2011. Rachelle D. Klassen, City Clerk 14