The URL can be used to link to this page

Home My WebLink AboutAGENDA 13 OCTOBER 2011POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 13, 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: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 74-506 Falcon Lane (APN 624-430-016), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Ruben Gonzalez, Jr./Andrea M. Diaz Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 1) AC Massage and Lawrence Andrews v. City of Palm Desert, Riverside County Superior Court, Case No. INC 10005945. C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2011 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 or Redevelopment Agency 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. 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 A. PRESENTATION TO RECOGNIZE DONNA AHRENS LEWIS FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS HOUSING COMMISSION 2008 - 2011. B. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF OCTOBER 2011 AS "NATIONAL ARTS AND HUMANITIES MONTH" IN THE CITY OF PALM DESERT. C. INTRODUCTION OF NEW PALM DESERT HIGH SCHOOL PRINCIPAL ROBERT HICKS AND PRESENTATION OF PROCLAMATION POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2011 CELEBRATING THE RE -DEDICATION OF THE REBUILT PALM DESERT HIGH SCHOOL. 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 Adjourned Regular City Council Meeting of September 29, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 70, 75, 76, 86, and 87. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#681) by Jennifer Stonick in the Amount of $10,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#684) by Frontier Bank FSB d.b.a. El Paseo Bank in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of June 2011 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Albertsons 6559, 74-590 Highway 111, Palm Desert. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2011 Rec: Receive and file. G. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art in Public Places Commission Meeting of June 22, 2011. 2. Audit, Investment & Finance Committee Meeting of June 28, 2011. 3. Cultural Resources Preservation Committee Meeting of March 29, 2011. 4. Landscape Beautification Committee Meeting of July 20, 2011. 5. Parks & Recreation Commission Meetings of July 19 and September 6, 2011. Rec: Receive and file. H. LETTER OF RESIGNATION from Donna Ahrens Lewis - Housing Commission. Rec: Receive with very sincere regret. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal - Miscellaneous Computer Equipment and Obsolete Council Chamber AV Electronics. 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 APPROVAL of Funds for SunGard Public Sector Business Analysis Review (Contract No. C31240). Rec: By Minute Motion, approve payment to SunGard Public Sector in the amount of $27,000 to provide a Business Process Review for the City's Mainframe Business Software that handles Building Permits, Code Enforcement, Business License, Purchasing, Payroll, and Accounting - funds are available for this payment in Fund 400. K. REQUEST FOR ACCEPTANCE of Bid for Printing of the 2012 City Calendar (Contract No. C31250). In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2011 Rec: By Minute Motion: 1) Accept the bid from Pride Industries, Roseville, California, for printing of the City's annual 2012 Calendar in the amount of $15,165.63; 2) authorize the Mayor to execute said bid - funds are available in the 2011-2012 Marketing Budget, Account No. 110-4417-414-3091. L. REQUEST FOR APPROVAL of Program Supplement Agreement No. 008- N for Congestion Mitigation and Air Quality (CMAQ) Funds Between the City of Palm Desert and the State of California Department of Transportation (Caltrans) for the Traffic Signal System Interconnect Project and Authorize Director of Public Works to Advertise for Bids (Contract No. C29760, Project no. 553-99). Rec: M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29890 - Civic Center Re -roofing Project (Project No. 712-10) (Progressive Roofing, Manteca, 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. N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C30860 - Cook Street Cold -in -place (CIPR) Resurfacing Project (Project No. 752- 11) (Matich Corporation, Highland, 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. O. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C30970 - for Vacant Parcel A and Parcel D Lot Pad Stabilization at Desert Willow (Doug Wall Construction, Inc., Bermuda Dunes, 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. P. REQUEST FOR AUTHORIZATION to Release One-year Maintenance Security for Construction of Street Improvements on Monterey Avenue by POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2011 Atria Senior Living, 44-600 Monterey Avenue (Atria Senior Living Group, Inc., Applicant). Rec: By Minute Motion, authorize release of the One-year Maintenance Security posted by the Atria Senior Living Project. Q. REQUEST FOR AUTHORIZATION to Release Security for Tract Map No. 36335 (Ponderosa Homes II, Applicant). Rec: By Minute Motion, authorize release of security held for Tract Map No. 36335. R. REQUEST FOR APPROVAL of the 2011 Palm Desert Golf Cart Parade on Sunday, October 23, and Sponsorship of the Event. Rec: By Minute Motion: 1) Approve sponsorship in the amount of $25,000 and in -kind Public Works Services for the Palm Desert Golf Cart Parade; 2) authorize the expenditure of funds from Account No. 110-4416-414-3062; 3) permit the sale, possession, and consumption of alcoholic beverages on City -owned property in connection with the event on Sunday, October 23, 2011; 4) authorize El Paseo road closure for the event; 5) waive Section 11.01.140 - Amplified Sound - of the Palm Desert Municipal Code for the event. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None C^'. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2011 XIII. ORDINANCES For Introduction: For Adoption: A. ORDINANCE NO. 1225A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR AN 82-ROOM HOTEL AND 59- UNIT RESIDENTIAL CONDOMINIUM PROJECT WITH ANCILLARY USES AND AMENITIES ON 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 KNOWN AS 45-640 HIGHWAY 74, Case No. DA 09-507 (PDH Partners, LLC, Applicant). Rec: Waive further reading and adopt. B. ORDINANCE NO. 1228 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 28-06.020 AND 28-08.030 OF TITLE 28 - FLOOD DAMAGE PREVENTION - OF THE PALM DESERT MUNICIPAL CODE (AMENDING ORDINANCE NO. 985) RELATIVE TO THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES REQUIREMENTS. Rec: Waive further reading and adopt. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2011 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF AGREEMENTS AND RELATED ACTIONS WITH THE COUNTY OF RIVERSIDE - RIVERSIDE COUNTY LIBRARY SYSTEM /LSSI FOR LIBRARY SERVICES THROUGH JUNE 30, 2012. Rec: By Minute Motion- 1) Approve Contract No. C141610 - Tenth Amendment to Agreement to Provide Library Services (Additional Staff) for the Event and Volunteer Coordinator positions, Part-time Computer Instructor/Lab Technician, Additional Librarians (1-Reference, 1-Young Adult), and Dedicated Receptionist/Library Assistant, covering services through June 30, 2012. 2) Approve Contract No. C18027 - Seventh Amendment to Agreement to Provide Library Services (Additional Hours/Bookmobile) for six additional hours of operation of the Palm Desert Public Library component of the Multi -Agency Library each Thursday and operation of the Bookmobile Service for Palm Desert, covering services through June 30, 2012. 3) Authorize the Mayor to execute said contracts. 4) Authorize issuances of a City Purchase Order, favoring Library Systems & services, Inc. (LSSI), Germantown, Maryland, in the amount of $35,000 for the purchase of materials FY 2011-2012 - funding for all the above has been approved in the FY 2011-2012 Budget in Account No. 452-4662-454-4001 - no additional appropriations are necessary. Action: A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2011 B. REQUEST FOR AWARD OF CONTACT TO FOREMOST CONSTRUCTION COMPANY IN AN AMOUNT NOT TO EXCEED $136,882 FOR SATELLITE CONTROLLERS FOR THE IRRIGATION SYSTEM AT DESERT WILLOW GOLF RESORT (CONTRACT NO. C31140). Rec: By Minute Motion- 1) Authorize award of the subject contract in the amount of $136,822 to Formost Construction Company, Murrieta California, for the Satellite Controllers for the Irrigation System at Desert Willow. 2) Authorize the Director of Finance to set aside the amount of $13,682.20 as 10% contingency for the project (use of contingency requires additional action). 3) Ratify the agreement with Irrigation Consultant, Fairway Irrigation Design, Palm Desert, California, in an amount not to exceed $11,300 for the engineering design and construction administration associated with the project (Contract No. C31140A). 4) Determine that the existing golf course irrigation system is manufactured by Rain Bird Corporation and, as such, Rain Bird irrigation components must be sole -sourced to be compatible with the existing system. 5) Determine the existing surge arrestors are manufactured by Intermatic, Inc., and, as such, Intermatic surge arrestors must be sole -sourced to be compatible with the existing system. 6) Declare existing irrigation controllers on the Firecliff Course as surplus property and authorize staff to dispose of them - budget for this project was approved as part of the Fiscal year 2011-2012 Desert Willow Budget with funds available in Account No. 441- 4195-495-8092. F-IT41 Me, POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2011 C. CONSIDERATON OF FINANCIAL ASSISTANCE TO N & D RESTAURANTS, INC., FOR RED LOBSTER LOCATED AT 72-291 HIGHWAY 111, PALM DESERT (CONTRACT NO. C31260) (N & D Restaurants, Inc., Applicant). Rec: By Minute Motion: 1) Approve a Loan Agreement, substantially as to form, with N & D Restaurants, Inc., in an amount not to exceed $40,000 to finance hard and soft costs of drainage improvements at 72-291 Highway 111, and authorize the City Attorney to make non -substantive changes thereto. 2) Appropriate $40,000 from Account No. 400-4800-454-3875 Facade Enhancement Program. 3) Authorize the City Manager to execute said Agreement - funds are available in Account No. 400-4800-454-3875. F-IT4 e , D. REQUEST FOR APPROVAL OF AMENDED FACADE ENHACEMENT PROGRAM (FEP) GUIDELINES. Rec: By Minute Motion, amend the Facade Enhancement Program (FEP) Guidelines, as follows: Action: 1) Expand the target area to the original boundaries as shown in the amp presented with the accompanying staff report. 2) Specifically include as eligible improvements for FEP funds: a) Sustainability and Energy Conservation Improvements; b) Improvements to comply with the Whitewater River Region water Quality Management Plan (WQMP). 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2011 XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF $75,000 IN FACADE ENHANCEMENT PROGRAM (FEP) CONSIDERATION FUNDS TO DARDEN RESTAURANTS, INC., FOR THE RED LOBSTER RESTAURANT TO BE LOCATED AT 72-291 HIGHWAY 111 (Darden Restaurants, Inc., Applicant) (Continued from the meeting of September 29, 2011). Rec: By Minute Motion, remove this item from the agenda Action: XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS k= XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of September 21 - October 4, 2011. Rec: Receive and file. Action- B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY 1. Fire Department 2. Police Department 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 2011 E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: 2. City Council Consideration of Travel Requests and Reports: 3. City Council Committee Reports: 4. City Council Comments: 5. Suggested Items for Future City Council Meeting Agendas XIX. ADJOURNMENT FUTURE MEETINGS: October 17, 2011 3.00 p.m. Citizens' Adv. Cmte.-Prof. Area #4 Administrative Conference Room October 18, 2011 2.00 p.m. Marketing Committee Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber October 19, 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 -CANCELED- October 25, 2011 10.00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 10.00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room 12.00 p.m. Architectural Review Commission Community Services Conference Room October 27, 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 7th day of October, 2011. Rachelle D. Klassen, City Clerk 12