HomeMy WebLinkAboutAGENDA 12 MAY 2011POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MAY 12, 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 - 72567 Highway 111, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/Donna Gomez/
City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Palm Springs Art Museum
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
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
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2011
Conference with Legal Counsel regarding potential to initiate litigation
pursuant to Government Code Section 54956.9(c):
Number of potential cases: 2
Public Employment pursuant to Government Code Section 54957:
Title of Position: City Manager
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.
F-ITAMe ,
VI. PLEDGE OF ALLEGIANCE - Councilmember Jan C. Harnik
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., 73510 Fred Waring Drive, Palm Desert,
CA 92260, telephone (760) 346-0611.
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2011
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF AWARDS TO WINNERS OF THE PALM DESERT
SISTER CITIES FOUNDATIONS HIGH SCHOOL ART COMPETITION,
"PALM DESERT THROUGH THE EYES OF A YOUNG ARTIST."
Action-
B. PRESENTATION TO RECOGNIZE PALM DESERT YOUTH
COMMITTEE HIGH SCHOOL SENIORS FOR THEIR SERVICE AS THEY
PREPARE FOR GRADUATION AND DEPARTURE FROM THE
COMMITTEE.
Rec: Recognize Members Christopher Benedetto, Carl Gerhardt, Bryce
Griffith, Natalie Grum, Antonia Gutierrez, Garrett Powell, Landen
Powell, Michael Tseng, and Sydney Werry.
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C. REQUEST FOR ACCEPTANCE OF THE RESIGNATIONS OF PALM
DESERT YOUTH COMMITTEE MEMBERS AND APPOINTMENT OF
NEW MEMBERS TO THE COMMITTEE TO FILL THEIR RESPECTIVE
TERMS.
Rec: By Minute Motion
1) Accept letters of resignation from the following Palm Desert Youth
Committee Members: Christopher Benedetto, Carl Gerhardt, Bryce
Griffith, Natalie Grum, Antonia Gutierrez, Garrett Powell, Landen
Powell, Sydney Werry, and Michael Tseng (Alternate).
2) Appoint the following individuals to the Palm Desert Youth
Committee, each to fill the unexpired term of the aforementioned
Members (term 12/31/11); Mitchell Chaplin, Kaylie Chen, Marvin
Chen, Henry Clark, Jozanne Murphy, Cassidy Quilling, Brian
Rohrbaugh, and Jason Rosenblum.
Action
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 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 April 28, 2011.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 224, 225, 229.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Crush 360,
74-360 Highway 111, Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Islands Fine
Burgers & Drinks, 72-353 Highway 111, Pad B, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Woodhaven
Country Club Homeowners Association, 41-555 Woodhaven Drive East,
Palm Desert.
Rec: Receive and file.
F. MARKETING COMMITTEE MINUTES for the Meeting of March 15, 2011.
Rec: Receive and file.
G. REQUEST FOR AMENDMENT of the Palm Desert Statement of
Investment Policy to Include Rabobank as an Authorized Depository
(Joint Consideration with the Palm Desert Redevelopment Agency,
Palm Desert Housing Authority, and Palm Desert Financing
Authority).
Rec: By Minute Motion, approve the Palm Desert Statement of
Investment Policy as presented.
In
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2011
H. REQUEST FOR ACCEPTANCE of Work for Contract No. R30380 -
Perimeter Landscape Improvements at the Northeast Corner of Larkspur
Lane and Shadow Mountain Drive (Project No. P87110) (Earth Sculptures,
Inc., Indio, 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.
REQUEST FOR RELEASE of Security for Westin Desert Willow (Tract No.
35426) (Starwood Vacation Ownership, Applicant).
Rec: By Minute Motion, release the security for Westin Desert Willow
(Tract No. 35426).
J. REQUEST FOR APPROVAL of the Palm Desert Legislative Review
Committee's Recommendation to Provide a Letter to Assemblyman
Nestande in Opposition to AB 438 (Williams) - Contract Library Services.
Rec: By Minute Motion, approve the recommended letter of opposition to
AB 438 (Williams) for Assemblyman Nestande.
K. REQUEST FOR APPROVAL of the Palm Desert Legislative Review
Committee's Recommendation to Provide a Letter to Senator Emmerson
in Opposition to SB 432 (De Leon) - Hotel Housekeeping.
Rec: By Minute Motion, approve the recommended letter of opposition to
SB 432 (De Leon) for Senator Emmerson.
F-ITAMe ,
XI. CONSENT ITEMS HELD OVER
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2011
XII. RESOLUTIONS
A. RESOLUTION NO. 2011- 31 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO EXECUTE AND ENDORSE
CERTIFICATIONS OF RIGHT-OF-WAY ON BEHALF OF THE CITY OF
PALM DESERT FOR STATE- AND FEDERALLY -FUNDED PROJECTS.
Rec: Waive further reading and adopt.
B. RESOLUTION NO. 2011- 32 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING
ENTRY FEES FOR THE PALM DESERT AQUATIC CENTER.
Rec: Waive further reading and adopt.
C. RESOLUTION NO. 2011- 33 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING TENTATIVE
TRACT MAP 34943 WITH ASSOCIATED CEQA (CALIFORNIA
ENVIRONMENTAL QUALITY ACT) ADDENDUM TO THE SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT FOR THE STONE EAGLE
PROJECT, WHICH SUBDIVIDES 7.7 ACRES INTO SIX (6)
RESIDENTIAL LOTS - PROPERTY IS LOCATED WEST OF THE PALM
VALLEY STORM CHANNEL AT THE TERMINATION OF OLD STONE
TRAIL (APN 652-090-002) Case Nos. TT 34943, DA 02-01 Amendment
#3, and ZOA 09-494, HTE 08-288 (Eagle 6.5, LLC, c/o Ted Lennon,
Applicant).
Rec: Waive further reading and adopt.
Action:
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2011
XIV. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED
IN THE FALCON CREST DEVELOPMENT AND KNOWN AS 74-478
FALCON LANE (APN 624-430-018), PALM DESERT, IF NECESSARY, IN
ANTICIPATION OF EXPIRATION OF THE FIRST RIGHT -OF -REFUSAL
PERIOD (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
$240,462.00 [to be increased by reasonable closing costs and
commissions].
2) Approve Agency Silent Second and City BEGIN Third Trust Deed 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.
Action:
VA
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2011
B. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED
IN THE FALCON CREST DEVELOPMENT AND KNOWN AS 42-190
VERDIN LANE (APN 624-440-006), PALM DESERT, IF NECESSARY, IN
ANTICIPATION OF EXPIRATION OF THE FIRST RIGHT -OF -REFUSAL
PERIOD (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
$218,502.00 [to be increased by reasonable closing costs and
commissions].
2) Approve Agency Silent Second and City BEGIN Third Trust Deed 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.
F-IT41 Me,
C. REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION TO
CONTRACT WITH MERCHANTS LANDSCAPE SERVICES IN THE
AMOUNT OF $141,960 FOR LANDSCAPE MAINTENANCE AREA NO. 9;
AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED
CONTRACT AMOUNT NOT TO EXCEED 20% THEREOF OR $287392
(CONTRACT NO. C29531, PROJECT NO. 909-10).
Rec: By Minute Motion: 1) Approve a one-year extension to the subject
contract with Merchants Landscape Services, Inc., Palm Springs,
California, in the amount of $141,960; 2) include repair work and
services at the specified contract amount not to exceed 20%
thereof or $28,392; 3) authorize the Mayor to execute the contract -
funds are available in General Fund Account No. 110-4614-453-
3370 - Repair/Maintenance Medians.
Action:
A
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2011
D. CONSIDERATION OF RECOMMENDATION TO ESTABLISH A
CUSTOMER DROP-OFF/PICK-UP ZONE AT EL PASEO AND
OCOTILLO DRIVE; EXPAND THE EL PASEO VALET PARKING ZONE
AND INSTALL "NO STOPPING" SIGNS IN THE EXISTING RED -CURB
ZONE IN FRONT OF THE DAILY GRILL.
Rec: By Minute Motion:
1) Establish a customer drop-off and pick-up zone on Ocotillo Drive
adjacent to the Daily Grill.
2) Maintain and expand the existing valet parking on El Paseo by
eliminating two parking spaces.
3) Install "No Stopping" signs in the existing red -curb zone on El Paseo
in front of the Daily Grill - funds in the estimated amount of $2,000
to perform this modification are available in Account No. 110-4250-
433-2145 - Traffic Safety Supplies.
Action:
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
None
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2011
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 meetings of February 24,
March 10, and April 14, 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.
F-IT4 e ,
B. REQUEST FOR APPROVAL OF THE ADOPTION OF A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR THE HOUSING
ELEMENT UPDATE PROJECT, PURSUANT TO SECTION 15074 OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND UPDATE OF
THE HOUSING ELEMENT OF THE CITY OF PALM DESERT GENERAL
PLAN Case No. GPA 11-089 (City of Palm Desert, Applicant).
Rec: Waive further reading and adopt Resolution No. 2011- 347
approving the findings, adopting a Negative Declaration, and
approving General Plan Amendment 11-089.
F-IT41 Me,
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2011
C. REQUEST FOR APPROVAL OF THE OUTSIDE AGENCY FUNDING
COMMITTEE'S FISCAL YEAR 2011-2012 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDING RECOMMENDATIONS AND THE
ONE-YEAR ACTION PLAN.
Rec: By Minute Motion: 1) Approve Outside Agency Funding
Committee's FY 2011-2012 Community Development Block Grant
(CDBG) funding recommendations as proposed; 2) approve FY
2011-2012 CDBG One-year Action Plan; 3) authorize the City
Manager to sign CDBG One-year Action Plan Certifications; 4)
authorize staff to submit the CDBG One-year Action Plan to the
U.S. Department of Housing and Urban Development (HUD).
Action:
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meeting Summaries for the Period of April 20 - May 3,
2011.
Rec: Receive and file.
B. CITY ATTORNEY
C. CITY CLERK
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 Requests and Reports:
o City Council Committee Reports:
o City Council Comments:
o Suggested Items for Future City Council Meeting Agendas
XIX. ADJOURNMENT
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
FUTURE MEETINGS
MAY 12, 2011
May 16, 2011
3.00 p.m.
Citizens' Adv. Cmte.-Prof. Area #4
Administrative Conference Room
May 17, 2011
2.00 p.m.
Marketing Committee
Administrative Conference Room
6.00 p.m.
Planning Commission
Civic Center Council Chamber
May 18, 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
May 24, 2011
10.00 a.m.
Audit, Investment & Finance Committee
North Wing Conference Room
12.00 p.m.
Architectural Review Commission
Community Services Conference Room
May 26, 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 6th day of May, 2011.
Rachelle D. Klassen, City Clerk
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