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HomeMy WebLinkAboutAGENDA 24 MARCH 2011POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 24, 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: Lease Property - 73520 Fred Waring Drive (APN 622-260-082), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Donna Gomez/ City of Palm Desert/Palm Desert Redevelopment Property Owner: City of Palm Desert Other Parties: Riverside County Sheriffs Department Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - 72567 Highway 111, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Donna Gomez/ POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: City of Palm Desert Other Parties: Palm Springs Art Museum Under Negotiation: x Price x Terms of Payment 3) Property: 42125 Idaho Street and 77600 Michigan Drive, Palm Desert (APNs 637-042-001, 637-051-001, 637-051- 022, and 637-061-001) Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/ City of Palm Desert/Palm Desert Redevelopment Agency/Palm Desert Housing Authority Property Owner: Palm Desert SPE Other Parties: Palm Desert Development Corporation Under Negotiation: x Price x Terms of Payment 4) Property: APNs 652-070-001; 652-090-001; 652-120-001, -002, 628-390-0457 -0447 -037, and -028 (39 Acres Total) Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert Property Owner: MKH Fund 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 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 - Councilmember Cindy Finerty VII. INVOCATION - Mayor Jean M. Benson VIII. ORAL COMMUNICATIONS — B FA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 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 We 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, telephone (760) 346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF APRIL 2011 AS "CHILD ABUSE PREVENTION MONTH" IN THE CITY OF PALM 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 Meeting of March 10, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 184, 189, 190, 191, 196, and 197. Rec: Approve as presented. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of December 2010 and January 2011 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES 1. Audit, Investment & Finance Committee Meetings of December 21, 2010, and January 25, 2011. 2. Library Promotion Committee Meeting of February 16, 2011. 3. Marketing Committee Meeting of February 15, 2011. Rec: Receive and file. E. LETTER OF RESIGNATION from Kimberly Bowers - Marketing Committee. Rec: Receive with very sincere regret. F. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Paper Files from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt Resolution Nos.: 1) 2011-18 - May 2010 Records; 2) 2011-19 - June 2010 Records; 3) 2011-20 - July 2010 Records; 4) 2011-21 - August 2010 Records; 5) 2011-22 - September 2010 Records; 6) 2011-23 - October 2010 Records. G. REQUEST FOR APPROVAL of the Streamlined Use of Various Vendors which Provide Qualified Services - Abatement Services Vendors List as shown on the accompanying staff report; 2) approve exemption to bidding requirements as provided for by Section 3.32.090 of the Palm Desert Municipal Code for the remainder of FY 2010-2011 and for FY 2011-2012. Rec: By Minute Motion: 1) approve of and authorize staff to use vendors listed on the Abatement Services Vendors List as shown on the accompanying staff report; 2) approve exemption to bidding requirements as provided for by Section 3.32.090 of the Palm Desert Municipal Code for the remainder of FY 2010-2011 and for FY 2011-2012. In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 H. REQUEST FOR AUTHORIZATION to Use Named Vendors for Purposes of Providing Recurring, Routine Services, Supplies, and Maintenance to the Desert Willow Golf Resort. Rec: By Minute Motion, authorize the use of vendors named in the accompanying staff report, "Desert Willow Golf Resort Vendor List," for the purposes of providing recurring, routine services, supplies, and maintenance to the Desert Willow Golf Resort in an amount not to exceed $25,000 per vendor for a 12-month period, pursuant to Section 3.32.110 of the Palm Desert Municipal Code. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1222 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MODIFYING SECTION 8.81.010 - HEALTH AND SAFETY - PALM DESERT MUNICIPAL CODE, RELATIVE TO ADMINISTRATIVE CITATIONS - VIOLATIONS OF THE ZONING ORDINANCE AND BUILDING CODE. Rec: Waive further reading and pass to second reading. F-ITAMe , For Adoption: None POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 XIV. NEW BUSINESS A. REQUEST FOR DIRECTION ON SOLID WASTE AND RECYCLING RESIDENTIAL TAX ROLL BILLING, IMPLEMENTATION OF COMMERCIAL RECYCLE FEE, AND PREPARATION OF A VEHICLE IMPACT FEE NEXUS STUDY. Rec: By Minute Motion, provide staff with direction relative to implementation of the following: 1) Tax Roll Billing for Residential Solid Waste and Recycling to be implemented with the FY 2011-2012 Secured Property Tax Roll. 2) Implementation of a Commercial Recycle Fee set at 50% of the service fee and effective as of July 1, 2012. 3) Preparation of Vehicle Impact Fee associated with Burrtec vehicle use of City streets. B. REQUEST FOR APPROVAL OF SECOND AMENDMENT TO CONTRACT FOR MAINTENANCE SERVICES FOR THE CITY OF PALM DESERT'S PERMANENT PUBLIC ART COLLECTION AND THE EL PASEO INVITATIONAL EXHIBITION, EXTENDING TERM OF THE CONTRACT FOR ONE YEAR — JUNE 1, 2011, TO MAY 31, 2012, IN THE AMOUNT OF $39,120 (CONTRACT NO. C28722). Rec: By Minute Motion, approve Second Amendment to the subject contract with Same Day Express, Palm Desert, California, extending the term for a second year, June 1, 2011, to May 31, 2012, in the amount of $39,120 for maintenance services for the City of Palm Desert's permanent public art collection and for the El Paseo Invitational Exhibition, and the Mayor to execute same - funds are available in Account No. 436-4650-454-3372. Action - POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 C. REQUEST FOR APPROVAL OF THE ONE-YEAR OPTION TO EXTEND THE MANAGEMENT AGREEMENT BETWEEN CITY OF PALM DESERT, KEMPER SPORTS MANAGEMENT, INC., AND THE PALM DESERT RECREATIONAL FACILITIES CORPORATION TO OPERATE AND MANAGE THE DESERT WILLOW GOLF RESORT, PER SECTION 2.1(B) OF THE MANAGEMENT AGREEMENT (CONTRACT NO. C27681). Rec: By Minute Motion, approve the one-year option to extend the Management Agreement between the City of Palm Desert, Kemper Sports Management, Inc., and the Palm Desert Recreational Facilities Corporation to operate and manage the Desert Willow Golf Resort per Section 2.1(B) of the Management Agreement. FTITAMe , D. UPDATE ON THE CNG (COMPLRESSED NATURAL GAS) AMBULANCE MEDIC UNIT PILOT PROGRAM. Rec: By Minute Motion, authorize staff to negotiate a buyback of the existing CNG ambulance's chassis and fuel tanks with BAF Technologies and return to the City Council with a cost to re -modify the patient box and remount it on a new Clean Energy Diesel chassis - if such an option is unavailable, authorize staff to explore the cost to either: a) reconvert the existing CNG Medic Unit back to a gasoline -powered engine; or b) remount it on a new diesel chassis and return to the City Council with a cost estimate for both options. FTITAAM XV. CONTINUED BUSINESS None VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING XVI. OLD BUSINESS MARCH 24, 2011 A. STATUS UPDATE REGARDING THE "REFRESH" PROJECT BEING UNDERTAKEN BY THE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY (EDA) FOR THE MULTI -AGENCY LIBRARY, 73-300 FRED WARING DRIVE, PALM DESERT. Rec: By Minute Motion: 1) Concur with the recommendations of the Library Promotion Committee as have been provided for Design Schematic and Color Palette, and including those provided at its regular meeting March 16, 2011; 2) receive and file report for the "Refresh" Project being undertaken by the EDA for the Palm Desert Public Library as presented. F-IT41 Me, XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT, REQUIRING A CONDITIONAL USE PERMIT FOR SHORT-TERM VACATION RENTALS IN NON -GATED RESIDENTIAL NEIGHBORHOODS OR COMMUNITIES AND A MODIFICATION TO THE CONDITIONAL USE PERMIT CHAPTER ESTABLISHING A MINOR CONDITIONAL USE PERMIT REVIEW FOR THIS PURPOSE Case No. ZOA 10-68 (City of Palm Desert, Applicant). Rec: Waive further reading and: 1) Pass Ordinance No. 1223 to second reading, approving a Zoning Ordinance Amendment requiring a Conditional Use Permit (CUP) for Short-term Vacation Rentals in non -gated communities; 2) adopt Resolution No. 2011-24, approving a set of standard Conditions of Approval for Short-term Rentals and establishing a new, $1,500 Deposit -based Fee for a Minor CUP. F-IT4 e , B. REQUEST FOR APPROVAL OF AMENDMENTS TO THE ENERGY INDEPENDENCE PROGRAM (EIP) REPORT AND ADMINISTRATIVE GUIDELINES. Rec: Waive further reading and adopt Resolution No. 2011-25, approving amendments to the Energy Independence Program Report and Administrative Guidelines prepared pursuant to Section 5898.22 of the California Streets and Highways Code. Action: s POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 2011 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of March 3-15, 2011. Rec: Receive and file. B. CITY ATTORNEY C. CITY CLERK 1. Consideration of the Appointment of a Delegate and Alternate to Participate in the Southern California Association of Governments (SCAG) General Assembly, May 5-6, 2011, in La Quinta, CA. Rec: If desired, by Minute Motion, appoint an official Delegate and Alternate to represent the City of Palm Desert in the SCAG General Assembly being held in La Quinta on May 5-6, 2011. Action: 2. Reminder of City Council Study Session on Friday, March 25, 2011, 8.00 a.m., Council Chamber Conference Room, for the Purpose of Reviewing Applications and Conducting Interviews for the Citizen's Sustainability Committee. D. PUBLIC SAFETY o Fire Department o Police Department POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING E. MAYOR AND MEMBERS OF THE CITY COUNCIL MARCH 24, 2011 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 FUTURE MEETINGS March 29, 2011 10.00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room 3.30 p.m. Adj. Public Safety Commission Mtg. (Adjourned from March 9, 2011) Administrative Conference Room April 4, 2011 6.00 p.m. Youth Committee Administrative Conference Room April 5, 2011 8.30 a.m. Parks & Recreation Commission Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber April 12, 2011 12.00 p.m. Architectural Review Commission Community Services Conference Room April 13, 2011 3.30 p.m. Housing Commission North Wing Conference Room 3.30 p.m. Public Safety Commission -CANCELED- April 14, 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 18th day of March, 2011. Rachelle D. Klassen, City Clerk 10