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HomeMy WebLinkAboutAGENDA 27 JANUARY 2011POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 27, 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: 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 existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Springs v. All Persons Interested, etc., et al., Riverside County Superior Court, Case No. INDIO 51124 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 JANUARY 27, 2011 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 - Mayor Jean M. Benson VII. INVOCATION - Councilmember 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 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 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 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, (760) 346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO THE PALM DESERT CITY COUNCIL BY QUEEN SCHEHERAZADE AND HER COURT AS AMBASSADORS OF THE 2011 RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL, FEBRUARY 18 - 27. F-IT41 Me, X. CONSENT CALENDAR POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 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 January 13, 2011, and the Special Joint City Council -Redevelopment Agency Meeting of January 17, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 135, 149, 150, 154, and 156. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Cinemas Palme D'Or, 72-840 Highway 111, Suite C104, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Le Donne Cucina Italiana, 72-624 El Paseo, Suite CT Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Nedrac Incorporated, 77-621 Enfield Lane, Suite 3, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of December 21, 2010 2. Parks & Recreation Commission Meeting of December 7, 2010. Rec: Receive and file. G. REPORT Pursuant to Section 33080.1 of the California Health and Safety Code (Joint Consideration with the Palm Desert Redevelopment Agency). 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 Rec: Receive and file. H. REQUEST FOR AUTHORIZATION to Notify the County Auditor of the Agency's Intent to Pay Supplemental Educational Revenue Augmentation Fund (SERAF) from Agency Funding Sources (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion: 1) Direct the City Manager, or his designee, to notify the County Auditor of the Agency's intent to pay 2010-11 SERAF from Agency funding sources; 2) authorize the Director of Finance to appropriate $5,255,397 to the respective account numbers for each of the four Project Areas from Unobligated Project Area Nos. 1, 2, 3, and 4 Funds. REQUEST FOR DECLARATION of Surplus Property and Disposal Authorization -- Miscellaneous Computer Equipment and Accessories. Rec: By Minute Motion, declare items listed on the accompanying staff report's Exhibit "A" as surplus property and authorize disposal as appropriate. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29790 -- Desert Willow Overflow Parking Lot (Project No. 614-09) (Cooley Construction, Inc., Hesperia, 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. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R30070 -- Palm Desert Visitor Center Tenant Improvements Project Located at 73- 470 El Paseo, Suite 14, Palm Desert (Orr Builders, Palm Desert, 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. L. REQUEST FOR AUTHORIZATION to Expend Funds for a Crime Prevention Through Environmental Design Seminar to be Held in the Spring of 2011. In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 Rec: By Minute Motion, authorize staff to expend $3,835 in CalCOPS Funding (Account No. 229-4210-422-3914) for a Crime Prevention Through Environmental Design (CPTED) Seminar to be held in Spring 2011. M. REQUEST FOR AUTHORIZATION to Expend Funds for Purchase of Batteries for the Police Department's Handheld Lidar Devices. Rec: By Minute Motion, authorize staff to expend $1,226.70 in CalCOPS Funding (Account No. 229-4210-422-3914) for the purchase of 10 new batteries for the handheld Lidar devices that measure vehicular speeds. N. CONSIDERATION of Submitting a Letter to California Governor Jerry Brown, Expressing the City of Palm Desert's Concern with His Current State Budget Proposal. Rec: By Minute Motion, authorize the Mayor to sign a letter to California Governor Jerry Brown expressing the City of Palm Desert's concern with his current State Budget Proposal, with copies to be sent to the City's State Legislators. O. REQUEST FOR AUTHORIZATION to Possess and Consume Alcohol in Connection with a Palm Desert Chamber of Commerce Fund-raising Event at the Henderson Community Building, 72-559 Highway 111, Palm Desert, on Wednesday, February 9, 2011. Rec: By Minute Motion, permit the possession and serving of alcohol in connection with a Palm Desert Chamber of Commerce fund-raising event at the Henderson Community Building, 72-559 Highway 111, Palm Desert, to be held February 9, 2011. P. INFORMATIONAL REPORT: "Shop With a Cop" Event on Saturday, December 4, 2010. Rec: Receive and file. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 A. RESOLUTION NO. 2011 - 4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS EMERGENCY VEHICULAR ACCESS EASEMENT OVER LOT H OF TRACT NO. 25296-3, BIGHORN DEVELOPMENT (Donald J. Merlino / Bighorn Homeowners Association, Applicants). Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1220 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 2.52 BY AMENDING SECTIONS 2.52.900, 2.52.905, 2.52.910, 2.52.915, AND 2.52.925, AND ADDING SECTIONS 2.52.930 AND 2.52.935 RELATIVE TO DISCIPLINARY ACTIONS. Rec: Waive further reading and pass to second reading. Action: For Adoption: A. ORDINANCE NO. 1219 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM SERVICE INDUSTRIAL (S.I.) TO PLANNED RESIDENTIAL 5 (P.R.-5) AS PER EXHIBIT "A" ATTACHED HERETO Case No. C/Z 10- 276 (Ponderosa Homes II, Inc. / MSA Consulting, Inc., Applicants). Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 A. REQUEST FOR AUTHORIZATION TO REDUCE WIDTH OF THE DRAINAGE EASEMENT FROM IRONWOOD PARK (Kenneth R. Kurtz, Applicant). Rec: By Minute Motion: 1) Authorize the Mayor to execute a Quitclaim Deed to eliminate an existing 10-foot-wide Drainage Easement over Lot 41 of Tract No. 4980, M.B. 80/43-45, Office of the County Recorder, Riverside County (APN 630-190-047); 2) accept an 8- foot-wide Drainage Easement instead to better accommodate future house footprint. B. REQUEST FOR AUTHORIZATION FOR RANCHO HOUSING ALLIANCE TO AWARD CONTRACTS TO REHABILITATE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) HOMES (CONTRACT NOS. R30570A-B) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion, authorize Rancho Housing Alliance, Inc. (RHA), to award Rehabilitation Contracts to: 1) Mostar Heavy Equipment, Fontana, California, in the amount of $41,900 for rehabilitation of the NSP home located at 74-131 El Cortez Way; 2) Sanchez Hughes Corporation, Indio, California, in the amount of $39,236 for rehabilitation of the NSP home located at 77-115 Florida Avenue -- funds are available for these projects in Account No. 870-4496-466- 4001. Action: XV. CONTINUED BUSINESS None VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 4 TO CONTRACT NO. C23760 - REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE COOK STREET WIDENING BETWEEN FRED WARING DRIVE AND FRANK SINATRA DRIVE (PROJECT NO. 601-05). Rec: By Minute Motion: 1) Approve Amendment No. 4 to the subject Reimbursement Agreement with CVAG for the Cook Street Widening Project between Fred Waring Drive and Frank Sinatra Drive; 2) authorize the Mayor to execute said Amendment - there is no funding required with this action. B. CONSIDERATION OF A FUNDING REQUEST TO SPONSOR THE 2011 VIRGINIA WARING INTERNATIONAL PIANO COMPETITION TO BE HELD IN PALM DESERT. Rec: By Minute Motion: 1) Approve sponsorship in the amount of $10,000 for the 2011 Virginia Waring International Piano Competition; 2) appropriate $10,000 from the Unobligated General Fund to Special Events Account No. 110-4416-414-3062 for this purpose. C. REQUEST FOR APPROVAL OF AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE PALM DESERT EMPLOYEES ORGANIZATION (PDEO), EXTENDING THE EXPIRATION DATE TO MAY 31, 2011. Rec: By Minute Motion, approve Amendment No. 2 to the subject MOU with the Palm Desert Employees Organization (PDEO), extending the expiration date to May 31, 2011. Action: A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 D. REQUEST FOR APPROVAL OF AMENDMENT NO. 2 TO THE REIMBURSEMENT AGREEMENT WITH SUNRISE DESERT PARTNERS FOR STREET IMPROVEMENTS ASSOCIATED WITH THE TOSCANA COUNTRY CLUB DEVELOPMENT (CONTRACT NO. C18172). Rec: By Minute Motion, approve Amendment No. 2 to the subject Reimbursement Agreement with Sunrise Desert Partners and authorize the Mayor to execute said Amendment. Action: XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A NEW, 60-FOOT-HIGH T-MOBILE MONO -PALM TELECOMMUNICATIONS FACILITY CONSISTING OF SIX PANEL ANTENNAS, ONE GPS ANTENNA, ONE EMERGENCY GENERATOR, ONE PARABOLIC ANTENNA, FOUR BTS RADIO CABINETS, COAXIAL CABLE RUNNING FROM THE ANTENNAS TO THE BTS, POWER AND TELCO UTILITY CONNECTION TO BE INSTALLED AT 47-900 PORTOLA AVENUE, APNs 630-250-045 and 655-230-019 Case No. CUP 09-236 (T-Mobile West Corporation, Applicant). Rec: Waive further reading and adopt Resolution No. 2011 - 5, approving Case No. CUP 09-236, subject to conditions. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of January 14-19, 2011. Rec: Receive and file. B. CITY ATTORNEY C. CITY CLERK POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2011 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 Reauests and Reports- 0 City Council Committee Reports: o City Council Comments- 0 Suggested Items for Future City Council Meeting Agendas XIX. ADJOURNMENT FUTURE MEETINGS February 1, 2011 8.30 a.m. Parks & Recreation Commission Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber February 7, 2011 6.00 p.m. Youth Committee Administrative Conference Room February 8, 2011 12.00 p.m. Architectural Review Commission Community Services Conference Room February 9, 2011 3.30 p.m. Housing Commission North Wing Conference Room 3.30 p.m. Public Safety Commission Administrative Conference Room February 10, 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 21 st day of January, 2011. Rachelle D. Klassen, City Clerk 10