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HomeMy WebLinkAboutAGENDA 10 MARCH 2011POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 10, 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: 74-824 Lennon Place, Palm Desert (APN 624-290-044) Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Athletic Club Other Parties: Matthew Johnson/Wilson, Johnson & Sharp 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 Conference with Legal Counsel regarding significant exposure to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 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 Action: VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman William R. Kroonen 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, Housing Authority, 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, Housing Authority, or Financing Authority Boards. Because the Brown Act does not allow the City Council, Redevelopment Agency, Housing Authority, 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, Housing Authority, 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 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. APPOINTMENTS TO EXISTING VACANCIES ON THE CITY'S MARKETING COMMITTEE AND PARKS & RECREATION COMMISSION. Rec: By Minute Motion, appoint: 1) Jenna LeMaster to the Marketing Committee to fill the unexpired term of Lee Morcus (12/31/13). 2) Ray Rodriguez to the Parks & Recreation Commission to fill the unexpired term of Roger Dash (12/31/13). Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 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 February 24, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 175, 180, and 185. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sense, 73- 675 Highway 111, Palm Desert. Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art in Public Places Commission Meeting of October 20, 2010. 2. Cultural Resources Preservation Committee Meeting of November 30, 2010. 3. Landscape Beautification Committee Meeting of November 17, 2010. 4. Library Promotion Committee Meeting of January 19, 2011. 5. Marketing Committee Meeting of January 18, 2011. 6. Parks & Recreation Commission Meeting of January 18, 2011. Rec: Receive and file. E. LETTER OF RESIGNATION from Jim Walker - Audit, Investment & Finance Committee. Rec: Receive with very sincere regret. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 F. REQUEST FOR AWARD OF CONTRACT for the Annual Fall 2011 and Spring 2012 Color Plantings to Armstrong Growers, Inc., in the Amount of $15,490.41 (Contract No. C30510, Project No. 930-11). Rec: By Minute Motion, award the subject contract for Annual Fall 2011 and Spring 2012 Color Plantings to Armstrong Growers, Inc., Bermuda Dunes, California, in the amount of $15,490.41 - funds are available in the General Fund Account Nos. 110-4614-453- 3370 - Repair/Maintenance Median, and 110-4610-453-2190 - Parks and Recreation Supplies. G. REQUEST FOR AMENDMENT of Contract No. C29910 with the Coachella Valley Printing Group in the Amount of $3,471.38 and Ratification of Expenditure for Printing of Postcards for the "Make Someone A Star" Program (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion: 1) Amend the subject contract with The Coachella Valley Printing Group, Indio, California, in the amount of $3,471.38; 2) ratify said expenditure for printing of postcards for the "Make Someone A Star" Program - funds are available in Special Programs Account No. 850-4430-422-3911. H. REQUEST FOR AUTHORIZATION to Release Security for Parcel Map No. 31563 - Valley Business Park, Phase I (J.W. Design & Construction, Inc., Applicant). Rec: By Minute Motion, authorize release of the security for Parcel Map No. 31563 - Valley Business Park, Phase I. CONSIDERATION of Legislative Review Committee Recommendation to Provide Correspondence to Congresswoman Mary Bono Mack in Support of Community Development Block Grants (CDBG). Rec: By Minute Motion, authorize the Mayor to sign correspondence in support of the CDBG Program that will be forwarded to Congresswoman Mary Bono Mack. J. REQUEST FOR AUTHORIZATION to Close Portion of Larkspur Avenue the Evenings of March 20-28, 2011, from 5.00 p.m. - 10.00 p.m. During Fashion Week El Paseo. Rec: By Minute Motion, authorize closure of a portion of Larkspur Avenue the evenings of March 20 - 28, 2011, from 5.00 p.m. - 10:00 p.m. during Fashion Week El Paseo. In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, OPPOSING THE GOVERNOR'S FISCAL YEAR 2011-2012 PROPOSAL TO ELIMINATE ENTERPRISE ZONES IN CALIFORNIA. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF OUT -OF -COUNTRY TRAVEL FOR RISK MANAGER TO PARTICIPATE AS A PRESENTER AT THE NATIONAL RISK AND INSURANCE MANAGEMENT SOCIETY (RIMS) ANNUAL CONFERENCE - VANCOUVER, BRITISH COLUMBIA, MAY 2- 5, 2011. Rec: By Minute Motion, approve out -of -country travel for the Risk Manager to participate as a presenter at the National Risk and Insurance Management Society (RIMS) Annual Conference in Vancouver, British Columbia, May 2-5, 2011, in an amount not to exceed $800 - funds are available in Account No. 110-4130-411- 3120. F-IT41 Me, 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 B. REQUEST FOR APPROVAL OF ACTIONS RELATED TO AMENDMENT OF THE PALM DESERT "STATEMENT OF INVESTMENT POLICY" TO INCLUDE THE RIVERSIDE COUNTY TREASURER'S POOLED INVESTMENT FUND AS AN INVESTMENT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY, PALM DESERT HOUSING AUTHORITY, AND PALM DESERT FINANCING AUTHORITY). Rec: 1) By Minute Motion, approve proposed amendment to the Palm Desert "Statement of Investment Policy" to authorize the Riverside County Treasurer's Pooled Investment Fund as an investment; 2) waive further reading and adopt City Council Resolution No. 2011 -14, authorizing the investment of monies in the Riverside County Treasurer's Pooled Investment Fund; 3) waive further reading and adopt Redevelopment Agency Resolution No. 583, authorizing the investment of monies in the Riverside County Treasurer's Pooled Investment Fund. F-IT4 e , C. REQUEST FOR AWARD OF CONTRACT TO WEST COAST ARBORISTS IN THE AMOUNT OF $50,442.50 FOR THE CITYWIDE TREE PRUNING PROGRAM (CONTRACT NO. C30460, PROJECT NO. 932-11) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion: 1) Award subject contract for the Citywide Tree Pruning Program in the amount of $50,422.50 to West Coast Arborists, Anaheim, California (City - $37,179 and Housing Authority - $13,243.50); 2) authorize the Director of Finance to set aside an additional 10% contingency for the project in the total amount of $5,042.25 (City - $3,717.90 and Housing Authority - $1,324.35); 3) authorize Mayor/Chairman to execute said contract - funds are available for the portion of the contract relative to the City and Assessment Districts in Parks and Recreation Account Nos. 110- 4610-453-3320, 110-4611-453-3320, 110-4611-453-3371, Repair/Maintenance Medians Account No. 110-4614-453-3370, and Assessment District Fund 200 Accounts; and for the Housing Authority, funds are set aside in the 2010-2011 Housing Authority Operating Budget. F-IT4 e , D. REQUEST FOR APPROVAL OF CONTRACT WITH DIEHL, EVANS & COMPANY, LLP, TO PERFORM AUDITING SERVICES FOR THE CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY, AND PALM DESERT RECREATIONAL FACILITIES CORPORATION FOR THE FISCAL YEAR ENDING JUNE 30, 2011 (CONTRACT NO. C27543). Rec: By Minute Motion, approve the subject contract in an amount not to exceed $67,967 with Diehl, Evans & Company, LLP, Irvine, California, to perform auditing services for the City of Palm Desert, Palm Desert Redevelopment Agency, and Palm Desert Recreational Facilities Corporation for the year ending June 30, 2011-funds are budgeted in FY 2011-2012. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 XV. CONTINUED BUSINESS None XVI. OLD BUSINESS 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 meeting of February 24, 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. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 2011 B. REQUEST FOR APPROVAL OF CHANGING THE STREET NAME OF 35TH AVENUE TO DICK KELLY DRIVE WITHIN THE PALM DESERT CITY LIMITS. Rec: 1) Waive further reading and adopt Resolution No. 2011-16, changing the street name for 35th Avenue (Avenue 35) to Dick Kelly Drive within the Palm Desert city limits. 2) By Minute Motion, authorize the Director of Finance to appropriate $3,500 from Unobligated General Funds to Account No. 110-4250-433-2145 - Traffic Safety Supplies for this purpose. C. REQUEST FOR APPROVAL OF FEES NECESSARY TO IMPLEMENT THE CITY OF PALM DESERT "MILLS ACT PROGRAM." Rec: Waive further reading and adopt Resolution No. 2011 - 17, amending the Development Services Fee Schedule to include The Mills Act Program Fees. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of February 16 - March 1, 2011. Rec: Receive and file. B. CITY ATTORNEY C. CITY CLERK 1. Reminder of City Council Study Session with Scott White, President and CEO of the Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA), Thursday, March 24, 2011, 2.00 p.m., Administrative Conference Room. Action: A 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: MARCH 10, 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 March 15, 2011 2.00 p.m. Marketing Committee Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber March 16, 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 March 22, 2011 10.00 a.m. Audit, Investment & Finance Cmte. North Wing Conference Room 12.00 p.m. Architectural Review Commission Community Services Conference Room March 24, 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 4th day of March, 2011. Rachelle D. Klassen, City Clerk