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HomeMy WebLinkAboutAGENDA 27 OCTOBER 2011POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 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: 74-555 Falcon Lane (APN 624-430-009), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Liz Y. Granillo Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - 42-455 Washington Street, Palm Desert Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: City of Palm Desert/ Palm Desert Redevelopment Agency Other Parties: Up A Creek, Inc. (Casey's Restaurant) Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 a) City of Palm Desert v. Federal Housing Finance Agency, Federal National Mortgage Association, and Federal Home Loan Mortgage Corporation, United States District Court Case No. 10-cv-04482 (N.D. Cal.) 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. Action: VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Cindy Finerty VII. INVOCATION - Councilmember Jan C. Harnik 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 may briefly respond or 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 We 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 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, OCTOBER 27, 2011, AS "RIVERSIDE COUNTY FIRE DEPARTMENT BATTALION 12 - STATION NO. 71 DAY" IN THE CITY OF PALM DESERT, AND RECOGNIZING THE SUCCESSFUL LIFE-SAVING EFFORTS OF ITS PERSONNEL DURING A CALL ON SEPTEMBER 3, 2011. B. PRESENTATION OF 2011 "MINI -MUSTER" FIRE SAFETY PROGRAM RECOGNITION AND ARTWORK AWARD CERTIFICATES. 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 October 13, 2011, and of the Special Joint Council -Redevelopment Agency Meeting of October 13, 2011 Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 91, 94, 95, 96, 100, and 101. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of July 2011 and August 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 Meeting of July 26, 2011. 2. Library Promotion Committee Meeting of June 22, 2011. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 3. Marketing Committee Meeting of September 20, 2011. 4. Public Safety Commission Meeting of September 14, 2011. Rec: Receive and file. E. LETTER OF RESIGNATION from Berit Reistad-Daly - Citizen's Advisory Committee for Project Area No. 4. Rec: Receive with regret. F. REQUEST FOR AUTHORIZATION to Reject All Bids for the Annual Fertilizer Purchase, Fiscal Year 2011-2012 (Project No. 912-11). Rec: By Minute Motion, reject all bids for the Annual Fertilizer Purchase, FY 2011-2012. G. REQUEST FOR APPROVAL of Contract with Office Depot for Citywide General Office Supplies (Contract No. C31280). Rec: By Minute Motion, approve the subject contract with Office Depot for a one-year period, effective October 27, 2011, with two possible one-year extensions. H. REQUEST FOR APPROVAL of a Joint Access Agreement Between the City of Palm Desert and Westin Desert Willow Villas at Desert Willow Golf Resort (Contract No. C31290). Rec: By Minute Motion: 1) Approve a Joint Access Agreement between the City and Westin Desert Willow Villas at Desert Willow Golf Resort; 2) authorize the Mayor to execute same. REQUEST FOR AWARD OF CONTRACT to Davey Resource Group in an Amount Not to Exceed $15,000 for the Tree Inventory/Assessment at Desert Willow Golf Resort (Contract No. C31300). Rec: By Minute Motion: 1) Award the subject contract to Davey Resource Group, Atascadero, California, for the Desert Willow Golf Resort Tree Inventory in an amount not to exceed $15,000; 2) authorize the Mayor to execute said agreement - funds are available in FY 2011-2012 Desert Willow Operating Budget, Account No. 520-4195-495-8031. J. REQUEST FOR APPROVAL of Program Supplement Agreement No. 005- N1 for Congestion Mitigation and Air Quality (CMAQ) Funds Between the City of Palm Desert and the State of California Department of 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 Transportation (Caltrans) for the Acquisition of Right -of Way Related to the Free Right Turn at Fred Waring Drive and Highway 111, and Authorize the Director of Public Works to Initiate the Acquisition of Said Right -of - Way (Contract No. C28800, Project No. 658-08). Rec: By Minute Motion: 1) Approve Program Supplement Agreement No. 005-N1 to Administering Agency -State Agreement for Federal - aid Projects No. 08-5414R between the City of Palm Desert and Caltrans; 2) authorize the Mayor to execute same; 3) authorize the Director of Public Works to initiate acquisition of right-of-way for the free right turn at Fred Waring Drive and Highway 111. K. REQUEST FOR AUTHORIZATION to Release Maintenance Security for Parcel Map No. 34211-1 - Construction of Street Improvements on Technology Drive (Wilson, Johnson, Sharp, Applicants). Rec: By Minute Motion, authorize release of the Maintenance Security for Parcel Map No. 34211-1. L. CONSIDERATION of an Exception to Palm Desert Municipal Code Section 9.58.010 (Consumption of Alcoholic Beverages on Public Property) for a Private Event at the Palm Springs Art Museum -Palm Desert (The Galen), 72-567 Highway 111 on November 5, 2011 (Palm Springs Art Museum, Applicant). Rec: By Minute Motion: 1) Approve an exception to Palm Desert Municipal Code Section 9.58.010 (Consumption of Alcoholic Beverages on Public Property for a private event at the Palm Springs Art Museum -Palm Desert (The Galen), located at 72-567 Highway 111 on November 5, 2011; 2) authorize the City Manager to execute the Temporary Use Permit associated with this event. FTITAAM XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT TO UNION TREE & PALM SERVICE FOR FISCAL YEAR 2011-2012 TREE PRUNING AT DESERT WILLOW GOLF RESORT IN AN AMOUNT NOT TO EXCEED $50,000 (CONTRACT NO. C31220). Rec: By Minute Motion, authorize award of the subject contract to Union Tree & Palm Service, Cathedral City, California, for the FY 2011- 2012 Tree Pruning at Desert Willow in an amount not to exceed $50,000 and the Mayor to execute same -funds are available in Desert Willow Fund 520. B. REQUEST FOR APPROVAL OF CONTRACT WITH THE RIVERSIDE COUNTY COMMUNITY HEALTH AGENCY, DEPARTMENT OF ANIMAL SERVICES, IN THE AMOUNT OF $296,173 OVER FOUR FISCAL YEARS (2011-2012 TO 2014-2015) FOR ANIMAL SHELTER SERVICES (CONTRACT NO. C31310). Rec: By Minute Motion, approve the subject contract with the County of Riverside Community Health Agency, Department of Animal Services, for the provision of Animal Sheltering Services from January 16, 2012, to June 30, 2015, and be subject to termination by either party with 180 days' notice - base contract for January 16, 2012, to June 30, 2012, is $45,580; and for each of Fiscal Years 2012-2013 to 2014-2015 is $83,531. C. REQUEST FOR APPROVAL OF THE EXTENSION OF COOPERATIVE AGREEMENT BETWEEN COUNTY OF RIVERSIDE AND CITY OF C^'. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 PALM DESERT TO PROVIDE FIRE -RELATED SERVICES (CONTRACT NO. C23911). Rec: By Minute Motion, approve an extension to the existing Cooperative Agreement to Provide Fire -related Services between the County of Riverside and the City of Palm Desert until June 30, 2012. D. CONSIDERATION OF A $2,500 SPONSORSHIP REQUEST BY PALM SPRINGS MODERNISM WEEK, FEBRUARY 16-26, 2012. Rec: By Minute Motion: 1) Provide direction to staff concerning a $2,500 sponsorship request by Palm Springs Modernism Week; 2) appropriate $2,500 from the Unobligated General Fund if City Council approves this sponsorship request. E. CONSIDERATION OF REQUEST FOR COMPLETE STREET CLOSURE ON EL PASEO BETWEEN HIGHWAY 74 AND OCOTILLO DRIVE, AND TO PERMIT CONSUMPTION OF ALCOHOLIC BEVERAGES AT A SPECIAL EVENT ON CITY PROPERTY TO BENEFIT THE "BEHIND A MIRACLE" FUNDRAISER ON NOVEMBER 19, 2011. Rec: By Minute Motion, owned by the City Ocotillo Drive, and within this area. Action: approve a permit to close streets and sidewalks on El Paseo located between Highway 74 and to allow the consumption of alcoholic beverages POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 F. REQUEST FOR APPROVAL OF THE REALLOCATION OF FUNDS WITHIN MARKETING BUDGET FROM TE PREVIOUSLY FUNDED PD STYLE MAGAZINE TO NEW MARKETING ADVERTISING OPPORTUNITIES IN FISCAL YEAR 2011-2012. Rec: By Minute Motion: 1) Approve the reallocation of $60,000 included within the Marketing Budget, Account No. 110-4417-414-3027, for new marketing and advertising opportunities, FY 2011-2012; 2) ratify the expenditure of $4,000 from this fund for the production of an advertorial for the Coachella Valley Vision magazine. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. INFORMATIONAL REPORT AS A SIX-MONTH FOLLOW-UP ON SHORT-TERM RENTALS. Rec: By Minute Motion, receive and file the informational Report regarding Short-term Rentals. Action: XVII. PUBLIC HEARINGS A. REQUEST FOR ACCEPTANCE OF CAL COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING (SLESF) FOR 2011-2012. Rec: By Minute Motion, accept the CalCOPS Supplemental Law Enforcement Services Funding (SLESF) grant award of $100,000 to cover the cost of the 2011 Holiday Theft Suppression Program, training/conferences, and the acquisition of necessary equipment to support front-line law enforcement services in the City. Action: XVIII. REPORTS AND REMARKS A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 A. CITY MANAGER 1. City Manager Meeting Summaries for the Period October 5-18, 2011. Rec: Receive and file. B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY 1. Fire Department 2. Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: 2. City Council Consideration of Travel Reauests and Reports 3. City Council Committee Reports: 4. City Council Comments: 5. Suggested Items for Future City Council Meeting Agendas XIX. ADJOURNMENT FUTURE MEETINGS: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2011 November 1, 2011 3.00 p.m. Parks & Recreation Commission Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber November 7, 2011 6.00 p.m. Youth Committee Administrative Conference Room November 8, 2011 12.00 p.m. Architectural Review Commission Community Services Conference Room November 9, 2011 3.30 p.m. Housing Commission North Wing Conference Room 3.30 p.m. Public Safety Commission Administrative Conference Room November 10, 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 21st day of October, 2011. Rachelle D. Klassen, City Clerk 10