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HomeMy WebLinkAboutAGENDA 29 SEPTEMBER 2011POSTED AGENDA -ADJOURNED REGULAR MEETING - REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 29, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ORAL COMMUNICATIONS — A (CLOSED SESSION ITEMS) 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: 42-050 Golden Eagle Lane (APN 624-431-001), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Victoria Hunter/Jeffrey Hunter Under Negotiation: x Price x Terms of Payment 2) Property: 74-506 Falcon Lane (APN 624-430-016), Palm Desert Negotiating Parties: POSTED AGENDA ADJOURNED REGULAR MEETING PALM DESERT CITY COUNCIL SEPTEMBER 29, 2011 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 3) Property: 43-990 Blueberry Lane (APN 634-061-028), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Gladys O. Harris Under Negotiation: x Price x Terms of Payment 4) Property: 72-240 Upper Way West (APN 628-130-007), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/David J. Erwin/City of Palm Desert Under Negotiation: x Price x Terms of Payment 5) Property: 45-640 Highway 74, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/David J. Erwin/City of Palm Desert Property Owner: EP Monterey Under Negotiation: x Terms of Disposition B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 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 - Mayor Jean M. Benson VII. INVOCATION - Mayor Pro Tern Robert A. Spiegel FA POSTED AGENDA ADJOURNED REGULAR MEETING PALM DESERT CITY COUNCIL VIII. ORAL COMMUNICATIONS — B SEPTEMBER 29, 2011 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 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- 06111. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION IN HONOR OF THE 29-YEAR SISTER CITY RELATIONSHIP BETWEEN THE CITY AND PALM DESERT AND THE CITY OF GISBORNE, NEW ZEALAND, AND REAFFIRMING THIS SISTER CITY AFFILIATION. Rec: Action: B. PRESENTATION OF PROCLAMATION, EXTENDING CONDOLENCES TO THE FAMILY OF THE LATE BRIAN CRAWSHAW AND RECOGNIZING HIS SIGNIFICANT CONTRIBUTIONS TO THE PALM DESERT - GISBORNE, NEW ZEALAND, SISTER CITY RELATIONSHIP. Action- C. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, SEPTEMBER 29, 2011, AS "CUSS FREE DAY" AND THE FIRST WEEK OF MARCH EACH YEAR AS "CUSS FREE WEEK" IN THE CITY OF PALM DESERT. D. PRESENTATION OF PROCLAMATION TO DECLARE THE WEEK OF OCTOBER 9-15, 2011, AS "FIRE PREVENTION WEEK" IN THE CITY OF PALM DESERT. Action: POSTED AGENDA ADJOURNED REGULAR MEETING PALM DESERT CITY COUNCIL SEPTEMBER 29, 2011 E. PRESENTATION OF PROCLAMATION TO RECOGNIZE THE MONTH OF OCTOBER 2011 AS "FIRE PREVENTION AND MIN -MUSTER 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 Meetings of September 8, and September 22, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 57, 58, 62, 63, 71, 80, and 81. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES 1. Marketing Committee Meeting of July 19, 2011. 2. Public Safety Commission Meetings of March 29 and June 8, 2011. Rec: Receive and file. D. REQUEST FOR DECLARATION of Surplus Property for the Pop Jet Interactive water Feature and Authorization for Staff to Attempt Sale of the Equipment. Rec: By Minute Motion, approve as surplus property the Pop Jet Interactive Water Feature and authorize staff to attempt to sell the equipment via on-line auction. In POSTED AGENDA ADJOURNED REGULAR MEETING PALM DESERT CITY COUNCIL SEPTEMBER 29, 2011 E. REQUEST FOR AUTHORIZATION to Negotiate with Southwest Turf Support, LLC, for Greens Fertilizer Products for Desert Willow Golf Resort - Fiscal Year Ending 2012 (Contract No. C31190). Rec: By Minute Motion: 1) Authorize staff and the Desert Willow Golf Resort to negotiate with Southwest Turf Support, LLC, Phoenix, Arizona, for Greens Fertilizer Products FY 2011-2012 in an amount not to exceed the approved budget; 2) determine that Golf Course Greens Fertilizer must be sole source; 3) authorize the City Manager to execute a contract for this purpose - funds are available in Desert Willow Fund 520. F. REQUEST FOR AWARD OF CONTRACT to Automated Power Specialties & Electrical for Irrigation Pump Maintenance and Repair at City Parks - Civic Center, Soccer, and Freedom - for the Period of November 1, 2011, to June 30, 2013 (Contract No. C31090). Rec: By Minute Motion, award the subject contract for Irrigation Pump Maintenance and Repair to Automated Power Specialties & Electrical, Murrieta, California, in the amount of $10,304 - funds are available in General Fund Account Nos. 110-4610-453-3320 - Repair/Maintenance Landscape Services and 110-4611-453-3320- Repair/Maintenance Landscape Services. G. REQUEST FOR RATIFICATION of Additional Expenditure for Citywide Palm Tree Pruning and Approval of Change Order No. 1 to Contract No. C30450 (Project No. 931-11). Rec: By Minute Motion: 1) Ratify the City Manager's authorization for additional expense in the amount of $4,646 related to the subject contract; 2) approve Change Order No. 1 in the amount of $4,646 to the subject contract with Andy's Landscape and Tree Service, Palm Desert, California, and authorize the Mayor to execute same - funds are available in Account No. 233-4549-454-4001 - Parks and Recreation Facility/Aquatic Facility Capital. 5 POSTED AGENDA ADJOURNED REGULAR MEETING PALM DESERT CITY COUNCIL SEPTEMBER 29, 2011 H. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C26670A - Construction of Miscellaneous Drainage Improvements at Several City Locations (Project No. 520-05). Rec: By Minute Motion: 1) Approve Change of $13,546 to the subject contract with Desert Hot Springs, California, to a project; 2) authorize the transfer of $1 base for the contract; 3) authorize the Order No. 1. Order No. 1 in the amount Tri-Star Contracting II, Inc., REQUEST FOR RATIFICATION of Change Order No. 2 to Contract No. C30300 - Renovation of Fire Station Nos. 33 and 71 Project (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion: 1) Ratify the City Manager's Executive Director's approval of Change Order No. 2 in the amount of $6,242 to the subject contract with The PENTA Building Group, Palm Desert, California, to install additional carpet as part of the Fire Station No. 71 Project (Project No. 871-09); 2) Authorize the Mayor/Chairman and City Manager/Executive Director to execute said documents; 3) authorize the Director of Finance to transfer $6,242 from the 16% contingency set -aside to the base contract - funds are available in Account No. 851-4220-464-4001. REQUEST FOR AUTHORIZATION to Expend CalCOPS Funds for Various Traffic Collision Investigations Courses (Riverside/Palm Desert/Sacramento, California). Rec: By Minute Motion, approve the Palm Desert Police Department's request to expend CalCOPS funds in an amount not to exceed $6,180 for sending Palm Desert Police Officers to various Traffic Collision Investigations Courses (Riverside/Palm Desert/Sacramento, CA) - funds are available under the CalCOPS Program, Account No. 229-4210-422-3914. Action: XI. CONSENT ITEMS HELD OVER POSTED AGENDA ADJOURNED REGULAR MEETING PALM DESERT CITY COUNCIL SEPTEMBER 29, 2011 XII. RESOLUTIONS A. RESOLUTION NO. 2011-84 - A RESOLUTION OF THE CIYT COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (PUB. RESOURCES CODE 21000 ET SEQ.). Rec: Waive further reading and adopt. F-ITAme , XIII. ORDINANCES For Introduction: 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. F-ITAme , 2. 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 TOT HE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES REQUIREMENTS. Rec: Waive further reading and pass to second reading. Action: For Adoption: None POSTED AGENDA ADJOURNED REGULAR MEETING PALM DESERT CITY COUNCIL XIV. NEW BUSINESS SEPTEMBER 29, 2011 A. CONSIDERATION OF REQUEST TO APPLY FOR A TEMPORARY USE PERMIT TO ALLOW THE PALM DESERT CHAMBER OF COMMERCE TO HOLD A VALLEY -WIDE ONE -DAY GARAGE SALE LOCATED AT 72- 559 HIGHWAY 111 (ENTRADA DEL PASEO) ON SATURDAY, NOVEMBER 19, 2011, Case No. TUP 11-355 (Palm Desert Chamber of Commerce, Applicant). Rec: By Minute Motion, allow the Palm Desert Chamber of Commerce to apply for a Temporary Use Permit (TUP) to hold a Valley -wide Resident Garage Sale at Entrada del Paseo, and authorize the City Manager to sign as authorized representative. FTITAMe , B. REQUEST FOR APPROVAL OF $75,000 IN FACADE ENHANCEMENT PROGRAM (FEP) CONSIDERATION FUDNS TO DARDEN RESTAURANTS, INC., FOR THE RED LOBSTER RESTAURANT TO BE LOCATED AT 72-291 HIGHWAY 111 (Darden Restaurants, Inc., Applicant). Rec: By Minute Motion, approve $75,000 in Facade Enhancement Program consideration funds to Darden Restaurants, Inc., for Red Lobster to be located at 72-291 Highway 111 - funds are available in Account No. 400-4800-454-3875. C. REQUEST FOR AUTHORIZATION FOR STAFF TO NEGOTIATE WITH LANDMARK GOLF LIMITED PARTNERSHIP FOR RETAIL/MERCHANDISING CONSULTANT SERVICES AT HTE PALM DESERT VISITOR CENTER (CONTRACT NO. C31200). Rec: By Minute Motion: 1) Authorize staff to negotiate with Landmark Golf Limited Partnership, Indian Wells, California, for Retail/Merchandising Service at the Palm Desert Visitor Center; 2) authorize the City Manager to execute a contract for said services; 2) approve an amount not to exceed $15,000 for Professional Services; 4) appropriate $15,000 from Unobligated General Fund to Account No. 110-4419-453-3090 for this contract. F-IT41 Me, A POSTED AGENDA ADJOURNED REGULAR MEETING PALM DESERT CITY COUNCIL SEPTEMBER 29, 2011 D. REQUEST FOR APPROVAL OF A TRANSFER AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT REDEVELOPMENT AGENCY, TRANSFERRING TO THE CITY THE PORTION OF TAX INCREMENT PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34194.2, ALSO KNOWN AS THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) By Minute Motion, approve a Transfer Agreement, substantially as to form, between the City and the Agency to transfer to the City the portion of tax increment pursuant to California Health and Safety Code Section 34194.2, also known as the Alternative Voluntary Redevelopment Program ("AVRP") (Contract No. C31210). 2) Waive further reading and adopt City Council Resolution No. 2011-85, authorizing and approving the execution and delivery of a Transfer Agreement pursuant to California Health and Safety Code Section 34194.2, and taking certain other actions in connection therewith. 3) Waive further reading and adopt Redevelopment Agency Resolution No. 589, authorizing and approving the execution and delivery of a Transfer Agreement pursuant to California Health and Safety Code Section 34194.2, and taking certain other actions in connection therewith. Action: XV. CONTINUED BUSINESS A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 25, 2011 (Continued from the meeting of September 8, 2011). Rec: Approve as presented. Action: POSTED AGENDA ADJOURNED REGULAR MEETING PALM DESERT CITY COUNCIL XVI. OLD BUSINESS SEPTEMBER 29, 2011 A. REQUEST FOR AWARD OF CONTRACT TO HORIZON PROFESSIONAL LANDSCAPE IN THE AMOUNT OF $39,970 FOR THE MCCALLUM THEATRE PARKING LOT LANDSCAPE RETROFIT PROJECT (CONTRACT NO. C31150, PROJECT NO. 967-12). Rec: By Minute Motion: 1) Award subject contract for the McCallum Theatre Parking Lot Landscape Retrofit to Horizon Professional Landscape, Coachella, California, in the amount of $39,970; 2) approve a 10% contingency for the project in the amount of $3,997; 3) authorize the Mayor to execute subject contract - funds are available in General Fund Account No. 110-4800-454-3879 - Outside Agency Contribution for the McCallum Theatre. Action: XVII. PUBLIC HEARINGS XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of August 31 - September 20, 2011. Rec: Receive and file. Action: 2. Report from the Riverside Local Agency Formation Commission (LAFCO) Public Hearing Being Held Thursday, September 29, 2011, 9.30 a.m., Regarding Case No. 2011-03-4 - Sphere of Influence Amendment to the City of Cathedral City. Rec: Oral report to be provided at the meeting. /GT4iM B. CITY ATTORNEY 10 POSTED AGENDA ADJOURNED REGULAR MEETING PALM DESERT CITY COUNCIL C. CITY CLERK D. PUBLIC SAFETY 1. Fire Department SEPTEMBER 29, 2011 2. Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: a) Consideration of the Appointment of a City Council Liaison to the Palm Desert Cultural Resources Preservation Committee (Councilman William R. Kroonen). Rec: By Minute Motion, appoint a City Council Liaison to serve as a non -voting representative on the City's Cultural Resources Preservation Committee. 2. City Council Consideration of Travel Requests and Reports: 3. City Council Committee Reports: 4. City Council Comments: 5. Suaaested Items for Future Citv Council Meetina Aaendas XIX. ADJOURNMENT 11 POSTED AGENDA ADJOURNED REGULAR MEETING PALM DESERT CITY COUNCIL FUTURE MEETINGS: SEPTEMBER 29, 2011 October 3, 2011 6.00 p.m. Youth Committee Administrative Conference Room October 4, 2011 8.30 a.m. Parks & Recreation Commission Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber October 11, 2011 12.00 p.m. Architectural Review Commission Community Services Conference Room October 12, 2011 3.30 p.m. Housing Commission North Wing Conference Room 3.30 p.m. Public Safety Commission Administrative Conference Room October 13, 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 23rd day of September, 2011. Rachelle D. Klassen, City Clerk 12