HomeMy WebLinkAboutAGENDA 14 JULY 2011IV.
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JULY 14, 2011
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
CALL TO ORDER - 3:00 P.M.
ROLL CALL
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.
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 201and 203, Palm
Desert
Negotiating Parties:
Agency: John M. Wohlmuth/.Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Virginia Waring International Piano Competition
Under Negotiation: x Price x Terms of Payment
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):
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2011
a) a) Ruhnau, Ruhnau, Clarke & Associates v. City of Palm Desert/Palm
Desert Redevelopment Agency, Riverside County Superior Court,
Case No. INC 10008463
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(c):
Number of potential cases: 1
Public Employment pursuant to Government Code Section 54957:
Title of Position: City Attorney's Office
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Action:
VI. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Robert A. Spiegel
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., 73510 Fred Waring Drive, Palm Desert,
CA 92260, telephone (760) 346-0611.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2011
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 June 23, 2011.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 260, 261,264, 265, 269, 270, and 271.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Macroe
Industries, LLC, 267 Santa Barbara Circle, Palm Desert.
Rec: Receive and file.
D. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Library Promotion Committee Meeting of March 16, 2011.
2. Marketing Committee Meeting of May 17, 2011.
Rec: Receive and file.
E. INDEPENDENT ACCOUNTANTS' REPORT on Agreed -upon Procedures
Performed on the Measure "A" Transportation Fund for the Fiscal Year
Ended June 30, 2010.
Rec: Receive and file.
3
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2011
F. REQUEST FOR APPROVAL of the Streamlined Use of Vendors for the
Special Programs Department for Solid Waste and Recycling and for
Special Events by Granting an Exception to Bidding Requirements - Fiscal
Year 2011-2012.
Rec: By Minute Motion: 1) Grant an exception to bidding requirements
for FY 2011-2012, as provided for by Section 3.32.090 of the Palm
Desert Municipal Code; 2) approve the Special Programs/Events
Vendor List attached to the accompanying staff report as
presented.
G. REQUEST FOR APPROVAL of the Streamlined Use of Vendors for the
Corporation Yard by Granting Exception to Bidding Requirements and
Approving the Original Equipment Manufacturer (OEM) Vendor List and
the Corporation Yard Various Vendors and Qualified Service Providers
List - Fiscal Year 2011-2012.
Rec: By Minute Motion: 1) Grant an exception to bidding requirements,
as provided for by Section 3.32.090 of the Palm Desert Municipal
Code, for FY 2011-2012; 2) approve the OEM Vendor List;3)
approve the Corporation Yard Various Vendors and Qualified
Service Providers List - as presented in the accompanying staff
report.
H. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Disposal - Information Systems Department Miscellaneous Computer and
Electronics Equipment.
Rec: By Minute Motion, declare items listed on the accompanying staff
report's Exhibit "A" as surplus property and authorize disposal as
appropriate.
REQUEST FOR RATIFICATION of the Disposal of Surplus Property from
The Desert Willow Golf Resort - Unsalvageable Equipment/Fixed Assets
from the Kitchen/Building and Lakeview Terrace Expansion Projects.
Rec: By Minute Motion, ratify disposal of the surplus property associated
with the subject projects from Desert Willow Golf Resort as listed
on the accompanying staff report's Exhibit "A".
J. REQUEST FOR AUTHORIZATION to Surplus the City's CNG
(Compressed Natural Gas) Ambulance Chassis and the Associated CNG
Tanks.
Rec: By Minute Motion, authorize staff to surplus the City's CNG
Ambulance Chassis and CNG Tanks as proposed.
In
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2011
K. REQUEST FOR AUTHORIZATION to Donate the City's 2002 Ford Fire
Department Electric Vehicle to the Riverside County Fire Department.
Rec: By Minute Motion, authorize staff to donate the City's Fire
Department Electric Vehicle to the Riverside County Fire
Department.
L. REQUEST FOR AUTHORIZATION to Utilize Vendors on an Authorized
Motorcycle Repair Center List for Repairs to City -owned Police Vehicles
and Communication Equipment.
Rec: By Minute Motion, authorize staff to utilize vendors on the
Authorized Motorcycle Repair Center List as presented in the
Riverside County Sheriffs Department Memorandum dated May
12, 2011.
M. REQUEST FOR APPROVAL of Contract with Academic Supplier for
Citywide Ink and Toner Supplies (Contract No. C31020).
Rec: By Minute Motion, approve the subject contract with Academic
Supplier, Chula Vista, California, to supply ink and toner products to
City offices for one year, with two possible one-year extensions.
N. REQUEST FOR APPROVAL of Contract with The Holman Group to
Provide an Employee Assistance Program (EAP) (Contract No. C31030).
Rec: By Minute Motion, approve the subject contract with The Holman
Group, Northridge, California, to provide an EAP and authorize the
City Manager to finalize and execute same - funds in the
approximate amount of $3,300 annually are available in FY 2011-
2012 Human Resources, Professional -Other Account No. 110-
4154-415-3090.
O. REQUEST FOR APPROVAL of the Renewal of Contract with the Law
Firm of Liebert Cassidy Whitmore (LCW) to Maintain the City's
Membership in the Coachella Valley Employment Relations Consortium
(Contract No. C21525).
Rec: By Minute Motion, approve renewal of the subject contract with
Liebert Cassidy Whitmore (LCW) for membership in the Coachella
Valley Employment Relations Consortium - funds are available in
Account No. 110-4154-415-3121.
5
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
J U LY 14, 2011
P. REQUEST FOR AWARD OF CONTRACT to Doug Wall Construction,
Inc., in the Amount of $24,928 for Vacant Parcel A and Parcel D Lot Pad
Stabilization at Desert Willow (Contract No. C30970).
Rec: By Minute Motion: 1) Authorize award of the subject contract in the
amount of $24,928 to Doug Wall Construction, Inc., Bermuda Dunes,
California, for stabilization of vacant lot Pads A and D at Desert Willow; 2)
authorize the Director of Finance to set aside the amount of $2,492.80 as
10% contingency for the subject project (use of contingency requires
additional action); 3) appropriate $27,420.80 to Account No. 451-4663-
454-4001 from the Unobligated Capital Project Properties City/RDA Fund.
Q. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No.
C29890 - Civic Center Re -roofing Project (Project No. 712-10).
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount
of $42,434 to the subject contract with Progressive Roofing,
Manteca, California; 2) authorize the transfer of $42,434 from
contingency to base for the project; 3) authorize the Mayor to
execute Change Order No. 1 - funds are available in the Building
Maintenance/Repair and Maintenance City Hall Account No. 450-
4161-415-4001.
R. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R30200 -
Deconstruction of Sagecrest Apartments at 73-775 Santa Rosa Way and
Deconstruction of 73-805 Santa Rosa Way (Vizion's West, Inc.,
Winchester, 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.
S. REQUEST FOR ACCEPTANCE OF WORK and Authorization for
Additional Expenditure for Citywide Catch Basin, Storm Drain, and Under -
sidewalk Drain Clean -out Project (Contract No. C30260, Project No. 501-
11) (Advanced Sewer Technologies, Inc., Los Angeles, CA).
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of
$11,080 to the subject contract with Advanced Sewer Technologies, Inc.,
Los Angeles, California, for additional facilities treated, and authorize the
Mayor to execute same; 2) authorize the transfer of $3,981.20 from
contingency to base for the contract; 3) ratify the City Manager's
authorization to appropriate funds in the amount of $7,098.80 from
Unobligated FY 2010-2011 General Fund Reserves to Storm Drain
Maintenance Account No. 110-4314-433-3320; 4) accept the work as
complete and authorize the City Clerk to file a Notice of Completion for
Contract No. C30260 - Citywide Catch Basin, Storm Drain, and Under -
sidewalk Drain Clean -out 2010-2011.
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2011
T. REQUEST FOR ACCEPTANCE OF WORK and Authorization for
Additional Expenditure for the Citywide Lighting Inventory Project
(Contract No. C30410) (RBF Consulting, Inc., Palm Desert, CA).
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount
of $2,122.40 to the subject contract with RBF Consulting, Inc., Palm
Desert, California, for additional services performed, and authorize
the Mayor to execute same; 2) authorize the transfer of $1,640.31
from contingency to base for the contract; 3) approve additional
expenditure in the amount of $482.09 - funds are available in the
FY 2011-2011 Budget, Account No. 110-4611-453-3092 - Public
Works Park Maintenance - Professional Services; 4) accept the
work as complete and authorize the City Clerk to file a Notice of
Completion for Contract No. C30410 - Citywide Lighting Inventory.
U. REQUEST FOR AUTHORIZATION to Release Maintenance Security for
Longs Drugs Stores California, LLC - Precise Plan No. 07-01 (Longs Drug
Stores California, LLC, Applicant).
Rec: By Minute Motion, authorize release of the Maintenance Security
for Longs Drug Stores California, LLC (Case No. PP 07-01).
V. REQUEST FOR AUTHORIZATION to Release Security for Ponderosa
Homes II, Inc. - Tract No. 31490-1 (Ponderosa Homes II, Inc., Applicant).
Rec: By Minute Motion, authorize release of the security for Ponderosa
Homes II, Inc. (Tract No. 31490-1).
W. REQUEST FOR AUTHORIZATION of Out -of -State Travel for Director of
Public Works to Attend the 2011 ITE Annual Meeting and Exhibit
Conference - St. Louis, Missouri, August 13-16.
Rec: By Minute Motion, authorize the Director of Public Works to attend
the 2011 ITE Annual Meeting and Exhibit Conference, St. Louis,
Missouri, August 13-16 - funds are available in Account No. 110-
4300-413-3120 - Public Works Conference/Seminars/Workshops.
X. LETTER from United Way of the Desert, Congratulating City of Palm
Desert Employees' 2010-2011 Fundraising Campaign Totaling
$11,311.81.
Rec: Receive and file.
XI. CONSENT ITEMS HELD OVER
VA
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2011
XII. RESOLUTIONS
A. RESOLUTION NO. 2011 - 62 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE
SUBDIVISION MAP OF TRACT NO. 31490-2 (Ponderosa Homes II, Inc.,
Applicant).
Rec: Waive further reading and adopt, contingent upon the County Tax
Collector signing the tax certificates.
B. RESOLUTION NO. 2011 - 63 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE
SUBDIVISION MAP OF TRACT NO. 36335 (Ponderosa Homes II, Inc.,
Applicant).
Rec: Waive further reading and adopt, contingent upon the County Tax
Collector signing the tax certificates.
Action:
XIII. ORDINANCES
For Introduction:
A. 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 EMPLOYEE'S 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 pass to second reading.
Action:
For Adoption:
►=
A
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2011
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF A NEW MONUMENT SIGN LOCATED
IN THE PUBLIC RIGHT-OF-WAY ON THE WEST SIDE OF COOK
STREET FOR THE FIRST TEE OF COACHELLA VALLEY Case No. SA
11-155 (The First Tee of Coachella Valley, Applicant).
Rec: By Minute Motion, approve the location of a new monument sign
within the public right-of-way located on the west side of Cook
Street, subject to the applicant obtaining an Encroachment Permit
through the Department of Public Works.
B. REQUEST FOR AWARD OF PURCHASE FOR 218,240 POUNDS OF
GRASS SEED IN THE AMOUNT OF $172,293.51 TO SIMPLOT
PARTNERS.
Rec: By Minute Motion, award the purchase of 218,240 pounds of grass
seed in the amount of $172,293.51 to Simplot Partners, Palm
Desert, California - funds are available in General Fund Account
Nos. 110-4610-453-2190 - Supplies/Other, 110-4611-453-3371 -
R/M Tri-Cities Sports Facility, and 110-4614-453-3370 - R/M
Medians for the City's portion, and Desert Willow Corporation will
fund the balance.
F-IT41 Me,
C. REQUEST FOR AWARD OF CONTRACT TO COOLEY
CONSTRUCTION, INC., IN THE AMOUNT OF $555,555 FOR
CONSTRUCTION OF THE MONTEREY AVENUE RESURFACING,
COLD -IN -PLACE RECYCLING PROJECT (CONTRACT NO. C30950,
PROJECT NO. 752-12A).
Rec: By Minute Motion: 1) Award the subject contract for Construction of
the Monterey Avenue Resurfacing, Cold -In -Place Recycling Project
to Cooley Construction, Inc., Hesperia, California, in the amount of
$555,555; 2) authorize the Director of Finance to set aside a 10%
contingency for the project in the amount of $55,555.50; 3)
authorize the Mayor to execute said contract; 4) authorize the City
Manager to execute a Reimbursement Agreement with the City of
Rancho Mirage for the construction on Monterey Avenue (Contract
No. C30950A), 5) authorize the City Manager to execute a
Reimbursement Agreement with the utility companies with facilities
in the street - funds are available in the General Fund Account
reserved for Street Maintenance, No. 110-4311-433-3320.
Action:
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
J U LY 14, 2011
D. REQUEST FOR AWARD OF CONTRACT TO MATICH CORPORATION
IN THE AMOUNT OF $1,472,000 FOR THE 2012 CITYWIDE
RESURFACING PROJECT (CONTRACT NO. C30960, PROJECT NO.
752-12B).
Rec: By Minute Motion: 1) Award subject contract for the 2012 Citywide
Resurfacing Project to Matich Corporation, San Bernardino, California,
in the amount of $1,472.000-1 2) authorize the Director of Finance to
set aside a 10% contingency for the project in the amount of $147,200;
3) authorize the Mayor to execute said contract; 4) authorize the City
Manager to execute a Reimbursement Agreement with utility
companies with facilities in the street; 5) funds are available in General
Fund Street Maintenance Account No. 110-4311-433-3320, in
Recycling Fund Street Maintenance Account No. 236-4311-433-3320,
and in Gas Tax Street Resurfacing Account No. 211-4311-433-3320.
FTITAMe ,
E. REQUEST FOR AWARD OF CONTRACT TO ENGINEERING
RESOURCES OF SOUTHERN CALIFORNA, INC., IN THE AMOUNT OF
$49,100 FOR DESIGN SERVICES FOR THE SECTION 29 RETENTION
BASIN REPAIRS PROJECT (CONTRACT NO. C31040, PROJECT NO.
627-11).
Rec: By Minute Motion: 1) Award subject contract in the amount of $49,100
to Engineering Resources of Southern California, Inc., Hemet,
California, for Design Services for the Section 29 Retention Basin
Repairs Project; 2) approve a 10% contingency for the project in the
amount of $4,910; 3) authorize the Mayor to execute said contract -
funds are available in Business Assessment District Account No. 289-
4374-433-3320 - no General Fund money is being used for this
expenditure.
F-IT4 e ,
F. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT, THE
YMCA OF THE DESERT, AND THE CITY OF PALM DESERT AS IT
RELATES TO PARTICIPATION IN THE AFTER -SCHOOL PROGRAM AT
LINCOLN ELEMENTARY SCHOOL (CONTRACT NO. C31050).
Rec: By Minute Motion, approve the subject MOU between Desert
Sands Unified School District, The YMCA of the Desert, and the
City of Palm Desert as it relates to participation in the After -school
Program at Lincoln Elementary School, and authorize the Mayor to
execute same - funding in the amount of $75,000 is available in
Account No. 110-4800-454-3892.
Action:
10
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
J U LY 14, 2011
G. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT, PALM
DESERT CHARTER MIDDLE SCHOOL, AND THE CITY OF PALM DESERT AS
IT RELATES TO PARTICIPATION IN THE AFTER -SCHOOL PROGRAM AT
PALM DESERT CHARTER MIDDLE SCHOOL (CONTRACT NO. C31060).
Rec: By Minute Motion, approve the subject MOU between Desert Sands
Unified School District, Palm Desert Charter Middle School, and the City
of Palm Desert as it relates to participation in the After -school Program at
Palm Desert Charter Middle School, and authorize the Mayor to execute
same - funding in the amount of $75,000 is available in Account No. 110-
4800-454-3892.
H. REQUEST FOR RENEWAL OF CONTRACT WITH EVERGREEN
RECYCLING SOLUTIONS, INC., IN AN AMOUNT NOT TO EXCEED
$75,000 FOR CONSULTING SERVICES RELATIVE TO THE CITY'S
COMMERCIAL AND MULTIFAMILY HOUSING RECYCLING PROGRAMS
(CONTRACT NO. C30061).
Rec: By Minute Motion: 1) Approve the subject contract renewal with
Evergreen Recycling Solutions, Inc., La Quinta, California, for Consulting
Services relative to the City's Commercial and Multifamily Housing
Recycling Programs in an amount not to exceed $75,000, and authorize
the Mayor to execute same; 2) authorize expenditure of funds in an
amount not to exceed $75,000 from the Recycle Fund, Account No. 236-
4195-454-3090.
Action:
REQUEST FOR APPROVAL OF A SILENT SECOND TRUST DEED FROM
THE HOUSING MITIGATION FUND IN AN AMOUNT NECESSARY TO
SECURE AN AFFORDABLE HOUSING COST, NOT TO EXCEED $25,000,
ASSOCIATED WITH A DIRECT SALE IN DESERT ROSE.
Rec: By Minute Motion: 1) Approve a City Silent Second Trust Deed from the
Housing Mitigation Fund in an amount necessary to secure an affordable
housing cost, not to exceed $25,000, pursuant to California Health and
Safety code Section 50052.5, as amended from time to time, for the direct
sale of APN 634-242-007 in Desert Rose; 2) approve the Affordable
Housing Restriction and Lien Agreement in favor of the City of Palm
Desert, substantially as to form, and authorize the Mayor to execute; 3)
authorize the Director of Finance to draw monies from the relative fund to
facilitate the transaction; 4) authorize the City Manager or his designee to
finalize and execute any documents necessary to effectuate the actions
taken herewith - funds are available in Housing Mitigation Fund Account
No. 214-4490-466-3901.
Action:
11
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2011
J. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED
IN FALCON CREST AND KNOWN AS APN 624-430-016 (74506
FALCON LANE), IF NECESSARY, IN ANTICIPATION OF EXPIRATION
OF THE FIRST RIGHT -OF -REFUSAL PERIOD, IN THE EVENT THE
AGENCY IS ALLOWED TO CONTINUE SUCH OPERATIONS (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Rec: By Minute Motion: 1) Authorize acquisition of the subject property
for the purposes of retaining affordability covenants and resale, if
necessary, in anticipation of expiration of the 45-day First Right -of -
Refusal Period in amount pursuant to the Affordable Agreement
(Approximately $245,952 [to be increased by reasonable closing
costs and commissions]), in the event the Agency is allowed to
continue such actions either by judicial "stay" or adoption of an
Agency "Continuance Ordinance;" 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.
K. REQUEST FOR APPROVAL OF THE PALM DESERT MARKETING
PLAN FOR FISCAL YEAR 2011-2012.
Rec: By Minute Motion, approve the FY 2011-2012 Marketing Plan as
endorsed by the City's Marketing Committee.
Action:
12
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2011
L. REQUEST FOR APPROVAL OF MEDIA PLAN FOR FISCAL YEAR 2011-
2012 AND AWARD CONTRACT TO JNS ADVERTISING FOR MEDIA -
BUYING SERVICES IN AN AMOUNT NOT TO EXCEED $258,000.
Rec: By Minute Motion: 1) Approve FY 2011-2012 Media Plan as
supported by the City's Marketing Committee; 2) concur with the
Marketing Committee's recommendation and award Contract No.
C31070 to JNS Advertising, La Quinta, California, in an amount not
to exceed $258,000 for Media Buying and Related Services for FY
2011-2012; 3) authorize the Mayor to execute the Media Buying
and Related Services Agreement on behalf of the City - funds are
available in Advertising Buys, Account No. 110-4417-414-3221.
M. REQUEST FOR DIRECTION TO STAFF REGARDING MARKETING
COMMITTEE BYLAWS, PERTAINING TO MEMBERSHIP
COMPOSITION.
Rec: By Minute Motion, provide direction to staff regarding desired
composition of the City's Marketing Committee Membership.
N. REQUEST FOR DIRECTION TO STAFF REGARDING THE ENERGY
INDEPENDENCE AMERICA PROGRAM.
Rec: By Minute Motion, receive and file status report on the Energy
Independence America work effort and provide direction to staff
going forward.
F-ITAMe ,
O. REQUEST FOR DIRECTION REGARDING INSTALLATION OF THE
PALM DESERT AQUATIC CENTER DEDICATION PLAQUE.
Rec: By Minute Motion, direct staff to install the Palm Desert Aquatic
Center plaque purchased May 6, 2011, at the entry to the facility.
Action:
13
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2011
XV. CONTINUED BUSINESS
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 MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO
THE PROJECT, PURSUANT TO SECTIO 15074 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) - FOR A PROJECT
LOCATED AT 72-280 HIGHWAY 111, Case Nos. ZOA/CUP 10-228 (KKE
Architects, Applicant) (Continued from the meetings of May 12, May 26,
and June 23, 2011).
Rec: Waive further reading and-
1) Pass Ordinance No. 1221 to second reading, approving an
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.
2) Adopt Resolution No. 2011 - 15 and a Mitigated Negative
Declaration, and approve the findings for approval of ZOA/CUP 10-
228 subject to conditions attached.
B. REQUEST FOR DIRECTION TO STAFF REGARDING THE CITY'S
CONTINUED SPONSORSHIP OF PD STYLE MAGAZINE AND
EXTENSION OF THE RELATED CONTRACT WITH THE DESERT SUN
FOR SAME (CONTRACT NO. C29960) (Continued from the meeting of
June 9, 2011).
Rec: By Minute Motion, provide direction regarding continuation of the
City's $110,000 annual sponsorship of PD Style Magazine and
extension of the related contract with The Desert Sun - if Council
wishes to maintain the current subsidy, additional funds must be
appropriated.
F-ITAMe ,
14
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2011
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF THE REIMBURSEMENT OF ART IN
PUBLIC PLACES FEE IN THE AMOUNT OF $67,872.39 FOR "WILLOW"
BY STEVEN RIEMAN FOR THE WESTIN DESERT WILLOW VILLAS
(WVC Rancho Mirage, Inc., Applicant).
Rec: By Minute Motion, approve the reimbursement of Art In Public Places Fee
in the amount of $67,872.39 for "Willow" by Steven Rieman, the Public Art
Component for Westin Desert Willow Villas located at 75 Willow Ridge,
Palm Desert - funds are available in Account No. 436-0000-228-9900.
B. CLARIFICATION OF A PREVIOUSLY SUBMITTED STAFF REPORT,
RELATING TO APPROVAL OF THE FINAL ENGINEER'S REPORT AND
ORDER TO LEVY FOR FISCAL YEAR 2011-2012 FOR THE CITY OF
PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1.
Rec: By Minute Motion, receive and file the report, regarding the annual
approval of the Final Engineer's Report and Order to Levy for the
Palm Desert Benefit Assessment District No. 1 for FY 2011-2012.
F-IT41 Me,
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF THE MANAGEMENT DISTRICT PLAN
AND ENGINEER'S REPORT, ORDER OF THE FORMATION/RENEWAL
AND THE LEVY AND COLLECTION OF ASSESSMENTS, AND
DECLARING RESULTS OF THE PROPERTY OWNER PROTEST
PROCEEDINGS FOR THE ALESSANDRO ALLEY PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2011-2012.
Rec: Waive further reading and adopt; 1) Resolution No. 2011 - 64, approving
the Final Management District Plan for the Alessandro Alley Property and
Business Improvement District for FY 2011-2012, and appointment of an
Owner's Association; 2) Resolution No. 2011 - 65, approving the Final
Engineer's Report for the Alessandro Alley Property and Business
Improvement District for FY 2011-2012; 3) Resolution No. 2011 - 66,
ordering the formation of the Alessandro Alley Property and Business
Improvement District and the levy and collection of assessments for said
District for FY 2011-2012; 4) Resolution No. 2011 - 67, declaring the
results of a property owner protest proceeding for the Alessandro Alley
Property and Business Improvement District, and approving certain
related actions.
15
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2011
B. REQUEST FOR APPROVAL OF THE MANAGEMENT DISTRICT PLAN
AND ENGINEER'S REPORT, ORDER THE FORMATION/RENEWAL
AND THE LEVY AND COLLECTION OF ASSESSMENTS, AND
DECLARING RESULTS OF THE PROPERTY OWNER PROTEST
PROCEEDINGS FOR THE PRESIDENT'S PLAZA III PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2011-2012.
Rec: Waive further reading and adopt: 1) Resolution No. 2011 - 68,
approving the Final Management District Plan for the President's
Plaza III Property and Business Improvement District for FY 2011-
2012, and appointment of an Owner's Association; 2) Resolution
No. 2011 - 69, approving the Final Engineer's Report for the
President's Plaza III Property and Business Improvement District
for FY 2011-2012; 3) Resolution No 2011 - 70, ordering the
formation of the President's Plaza III Property and Business
Improvement District and the levy and collection of assessments for
said District for FY 2011-2012; 4) Resolution No. 2011 - 717
declaring the results of a property owner protest proceeding for the
President's Plaza III Property and Business Improvement District,
and approving certain related actions.
Action:
C. 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).
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.
Action:
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.
EFIV
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2011
D. REQUEST FOR APPROVAL OF THE 2011 NEW YEAR'S EVE "ROCK'N'
ROLL" HALF MARATHON AND SPONSORSHIP IN AN AMOUNT NOT
TO EXCEED $54,000 FOR DIRECTLY RELATED POLICE SERVICES
FOR THE EVENT (The Competitor Group, Applicant).
Rec: By Minute Motion, approve: 1) The 2011 "Rock 'N' Roll" New
Year's Eve Half Marathon scheduled for Saturday, December 31,
2011, with the condition that a Traffic Control Plan is approved by
City staff; 2) proposed event route and road closures; 3) band
placement; 4) waiver of Section 11.01.140 of the Palm Desert
Municipal Code - Amplified Sound; 5) waiver of Chapter 5.84 of the
Palm Desert Municipal Code - Distribution of Literature, Peddling,
and Solicitation; 6) sponsorship of the event in an amount not to
exceed $54,006 to be paid directly for Police Services rendered
and paid directly to the Police Department from Account No. 110-
4416-414-3062; 7) appropriation of funds in the amount of $54,000
from FY 2011-2012 Unobligated General Fund Reserve to Account
No. 110-4416-414-3062 for this purpose.
E. REQUEST FOR APPROVAL OF AMENDING TITLE 3, CHAPTER 3.46
OF THE PALM DESERT MUNICIPAL CODE, UPDATING THE
COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION
PLAN / NATURAL COMMUNITY CONSERVATION PLAN, AND THE
LOCAL DEVELOPMENT MITIGATION FEE NEXUS STUDY DATED MAY
16, 2011, AND ADOPTING THE LOCAL DEVELOPMENT MITIGATION
FEE SCHEDULE APPLICABLE TO NEW DEVELOPMENT WITHIN THE
CITY OF PALM DESERT.
Rec: Waive further reading and: 1) Adopt Resolution No. 2011 - 73,
adopting the findings and establishing the Mitigation Fee from the
Nexus Study for the Local Development Mitigation Fee in
satisfaction of requirements of the Mitigation Fee Act; 2) pass
Ordinance No. 1226 to second reading, revising Chapter 3, Section
3.46 of the Palm Desert Municipal Code for the Local Development
Mitigation Fee.
Action:
17
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 14, 2011
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meeting Summaries for the Period of June 15 - July
5, 2011.
Rec: Receive and file.
Action-
B. CITY ATTORNEY
C. CITY CLERK
1. Request for Appointment of Voting Delegate and Alternate for the
2011 League of California Cities Annual Conference to be Held
September 21-23, San Francisco.
Rec: By Minute Motion, appoint Councilmember Jan C. Harnik as
the Voting Delegate and, if desired, an Alternate, for the
2011 League of California Cities Annual Conference.
F-IT41 Me,
D. PUBLIC SAFETY
0 Fire Department
0 Police Department
0
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
0 City Council Requests for Action-
0 City Council Consideration of Travel Requests and Reports:
0 City Council Committee Reports:
0 City Council Comments-
0 Suggested Items for Future City Council Meeting Agendas
XIX. ADJOURNMENT
18
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
J U LY 14, 2011
FUTURE MEETINGS:
July 18, 2011
3.00 p.m.
Citizens' Adv. Cmte.-Prof. Area #4
Administrative Conference Room
July 19, 2011
8.30 a.m.
Adj. Parks & Recreation Commission
Administrative Conference Room
2.00 p.m.
Marketing Committee
Administrative Conference Room
6.00 p.m.
Planning Commission
Civic Center Council Chamber
July 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
July 26, 2011
10.00 a.m.
Audit, Investment & Finance Cmte.
North Wing Conference Room
10.00 a.m.
Cultural Resources Preservation Cmte.
-CANCELED-
12:00 p.m.
Architectural Review Commission
Community Services Conference Room
July 28, 2011
3.00 p.m.
Regular City Council/RDA Meetings
-CANCELED-Summer Schedule
August 1, 2011
6.00 p.m.
Youth Committee
-CANCELED
August 2, 2011
8.30 a.m.
Parks & Recreation Commission
Administrative Conference Room
6.00 p.m.
Planning Commission
Civic Center Council Chamber
August 9, 2011
12.00 p.m.
Architectural Review Commission
Community Services Conference Room
August 10, 2011
3.30 p.m.
Housing Commission
North Wing Conference Room
3.30 p.m.
Public Safety Commission
-CANCELED-
August 11, 2011
3.00 p.m.
Regular City Council/RDA Meetings
-CANCELED-Summer Schedule
August 15, 2011
3.00 p.m.
Citizens' Adv. Cmte.-Prof. Area #4
Administrative Conference Room
(FUTURE MEETINGS continued on next page.)
19
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
J U LY 14, 2011
(FUTURE MEETINGS — continued.)
August 16, 2011
2.00 p.m.
Marketing Committee
Administrative Conference Room
6.00 p.m.
Planning Commission
Civic Center Council Chamber
August 17, 2011
9.00 a.m.
Art In Public Places Commission
-CANCELED-
11:30 a.m.
Landscape Beautification Committee
Administrative Conference Room
3.00 p.m.
Library Promotion Committee
Administrative Conference Room
August 23, 2011
10.00 a.m.
Audit, Investment & Finance Committee
North Wing Conference Room
12.00 p.m.
Architectural Review Commission
Community Services Conference Room
August 25, 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 July, 2011.
Rachelle D. Klassen, City Clerk
20