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).
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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
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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
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