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Home My WebLink AboutAGENDA 08 SEPTEMBER 2011POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 08, 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 (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: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) 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 B. 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 SEPTEMBER 8, 2011 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. F-IT4 e , VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman William R. Kroonen 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 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. 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. - 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 WEEK OF SEPTEMBER 5 - 11, 2011, AS "NATIONAL PATRIOTISM WEEK" IN THE CITY OF PALM DESERT. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 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 August 25, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 41, 42, 44, 48, 52, and 56. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bristol Farms Store 2319, 73-101 Country Club Drive, Palm Desert. Rec: Receive and file. D. ART IN PUBLIC PLACES COMMISSION MINUTES for the Meeting of March 16, 2011. Rec: Receive and file. E. REQUEST FOR ADOPTION of Resolutions - Setting Forth Findings and Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt Resolution Nos.: 1) 2011 - 78 - November 2010 Records; 2) 2011 - 79 - December 2010 Records; 3) 2011 - 80 - January 2011 Records; 4) 2011 - 81 - February 2011 Records. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 F. REQUEST FOR APPROVAL of Creative Design Services Relate d Rec: By Minute Motion: 1) Approve the subject contract with Scott Burch Design, Indian Wells, California, in an amount not to exceed $5,500; 2) authorize the Mayor to execute the contract as approved by the City Attorney -- funds have been budgeted and are available in Marketing Account No. 110-4417-414-3219. G. REQUEST FOR AUTHORIZATION to Participate in the Community Video Tour Book Program Being Developed by CGI Communications in Partnership with the National League of Cities and the U. S. Conference of Mayors (Contract No. C31170). Rec: By Minute Motion, approve participation in the Community Video Tour Book Program with CGI Communications and authorize the City Manager to execute the agreement for said services. H. REQUEST FOR APPROVAL of Program Supplement Agreement No.007-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 Construction of the Highway 111 Sidewalk Improvement Project and Authorize Director of Public Works to Advertise for Bids (Contract No. C23110A, Project No. 697-05). Rec: By Minute Motion: 1) Approve Program Supplement Agreement No. 007-N to the 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 advertise the project for bids. Action: XI. CONSENT ITEMS HELD OVER POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2010-2011 BUDGET TO PROVIDE TRANSFER, APPROPRIATION, AND ESTIMATED REVENUES OF UNOBLIGATED FUNDS FROM THE GAS TAX, GOLF COURSE CAPITAL, TRAFFIC SAFETY, PROPERTIES CITY/RDA, PALM DESERT RECREATIONAL FACILITIES CORPORATION (PDRFC), CAPITAL PROJECT RESERVE, AND THE GENERAL FUND. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES A. For Introduction: None B. For Adoption: ORDINANCE NO. 1225 - 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. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 2. ORDINANCE NO. 1227 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO COMPY WITH PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH IN ORDER TO PARTICIPATE IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM. Rec: Waive further reading and adopt. F-ITAMe , XIV. NEW BUSINESS A. REQUEST FOR DIRECTION REGARDING PROPOSED CATHEDRAL CITY SPHERE OF INFLUENCE AMENDMENT 2011-03-4 AND REGARDING POTENTIAL GROWTH OF THE PALM DESERT SPHERE OF INFLUENCE NORTH OF INTERSTATE 10. Rec: By Minute Motion, provide policy direction regarding: 1) Proposed Cathedral City Sphere of Influence Amendment 2011-03-4 and, if appropriate, approve letter to the Riverside County Local Agency Formation Commission (LAFCO), objecting to the proposed amendment. 2) Potential growth of the Palm Desert Sphere of Influence areas north of Interstate 10. B. CONSIDERATION OF ASSEMBLY BILL 742 (LOWENTHAL) AND APPROVAL OF A LETTER OF OPPOSITION TO ASSEMBLYMAN NESTANDE AND SENATOR EMMERSON. Rec: By Minute Motion, approve sending the recommended letter opposing AB 742 (Lowenthal) to Assemblyman Nestande and Senator Emmerson. F-ITAMe , C^'. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 C. CONSIDERATION OF SUPPORT FOR CONTINUATION OF THE ENERGY EFFICIENCY GAS SURCHARGE FUND AND A LETTER TO ASSEMBLYMAN NESTANDE AND SENATOR EMMERSON THEREFOR. Rec: By Minute Motion, approve the recommended letter of Request to Assemblyman Nestande and Senator Emmerson. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS 0= XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, DENYING A CONDITIONAL USE PERMIT TO OPERATE A SHORT-TERM RENTAL LOCATED AT 44-600 SAN JOSE AVENUE (APN 627-164-005), Case No. CUP 11-244 (Alan and Susan Parker, Applicants/Appellants). Rec: Waive further reading and adopt Resolution No. 2011 - 83, granting the Appeal and approving Conditional Use Permit No. 11-244, subject to conditions. Action: VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 B. REQUEST FOR APPROVAL OF THE REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS PREVIOUSLY AWARDED TO FAMILY YMCA OF THE DESERT AND REMAINING UNSPENT FUNDS FROM PREVIOUSLY FUNDED CDBG PROGRAMS/PROJECTS FOR FISCAL YEAR 2011-2012 TO RANCH RECOVERY CENTER. Rec: By Minute Motion, approve the reallocation and reprogramming of CDBG funds in the amount of $29,253.87 to Ranch Recovery Center. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of August 17 - 30, 2011. Rec: Receive and file. B. CITY ATTORNEY C. CITY CLERK 1. Reminder of 2nd Regular City Council Meeting in September to Be Held Thursday, September 29, 2011, at 3.00 p.m. Action: 2. Consideration of Request to Appoint Voting Delegate and Alternate for the National League of Cities Annual Business Meeting on Saturday, November 12, 2011, at the National Congress of Cities and Exposition in Phoenix, Arizona. Rec: By Minute Motion, appoint a Voting Delegate and Alternate, if desired, for the National League of Cities Annual Business Meeting, subject to Out -of -State Travel approval if City Councilmember(s) will attend. Action: A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 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 Requests and Reports: 3. City Council Committee Reports: 4. City Council Comments: 5. Suggested Items for Future City Council Meeting Agendas: XIX. ADJOURNMENT POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 FUTURE MEETINGS: September 12, 2011 6.00 p.m. Adj. Reg. Youth Committee Administrative Conference Room September 13, 2011 12.00 p.m. Architectural Review Commission Community Services Conference Room September 14, 2011 3.30 p.m. Public Safety Commission Administrative Conference Room September 19, 2011 3.00 p.m. Citizens' Adv. Cmte.-Prof. Area #4 Administrative Conference Room September 20, 2011 2.00 p.m. Marketing Committee Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber September 21, 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 September 22, 2011 3.00 p.m. Regular City Council/RDA Meetings -CANCELED- Adiourned to Seat. 29 September 27, 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 September 29, 2011 3.00 p.m. Adj. Reg. 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 2nd day of September, 2011. Rachelle D. Klassen, City Clerk 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 08, 2011 CIVIC CENTER COUNCIL CHAMBER 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: 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 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 - Councilman William R. Kroonen VII. INVOCATION - Councilmember Jan C. Harnik POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 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 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 A. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 5 - 11, 2011, AS "NATIONAL PATRIOTISM WEEK" IN THE CITY OF PALM DESERT. Rec: 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 August 25, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 41, 42, 44, 48, 52, and 56. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bristol Farms Store 2319, 73-101 Country Club Drive, Palm Desert. Rec: Receive and file. D. ART IN PUBLIC PLACES COMMISSION MINUTES for the Meeting of March 16, 2011. Rec: Receive and file. E. REQUEST FOR ADOPTION of Resolutions - Setting Forth Findings and Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt Resolution Nos.: 1) 2011 - 78 - November 2010 Records; 2) 2011 - 79 - December 2010 Records; 3) 2011 - 80 - January 2011 Records; 4) 2011 - 81 - February 2011 Records. F. REQUEST FOR APPROVAL of Creative Design Services Relate d Rec: By Minute Motion: 1) Approve the subject contract with Scott Burch Design, Indian Wells, California, in an amount not to exceed $5,500; 2) authorize the Mayor to execute the contract as approved by the City Attorney -- funds have been budgeted and are available in Marketing Account No. 110-4417-414-3219. G. REQUEST FOR AUTHORIZATION to Participate in the Community Video Tour Book Program Being Developed by CGI Communications in Partnership with the National League of Cities and the U. S. Conference of Mayors (Contract No. C31170). Rec: By Minute Motion, approve participation in the Community Video Tour Book Program with CGI Communications and authorize the City Manager to execute the agreement for said services. H. REQUEST FOR APPROVAL of Program Supplement Agreement No. 007- N for Congestion Mitigation and Air Quality (CMAQ) Funds Between the POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 City of Palm Desert and the State of California Department of Transportation (Caltrans) for Construction of the Highway 111 Sidewalk Improvement Project and Authorize Director of Public Works to Advertise for Bids (Contract No. C23110A, Project No. 697-05). Rec: By Minute Motion: 1) Approve Program Supplement Agreement No. 007-N to the 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 advertise the project for bids. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2010-2011 BUDGET TO PROVIDE TRANSFER, APPROPRIATION, AND ESTIMATED REVENUES OF UNOBLIGATED FUNDS FROM THE GAS TAX, GOLF COURSE CAPITAL, TRAFFIC SAFETY, PROPERTIES CITY/RDA, PALM DESERT RECREATIONAL FACILITIES CORPORATION (PDRFC), CAPITAL PROJECT RESERVE, AND THE GENERAL FUND. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 For Introduction: None For Adoption: A. 1. ORDINANCE NO. 1225 - 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. 2. ORDINANCE NO. 1227 - AN ORDINANCE OF THE OF THE CITY OF PALM DESERT, CALIFORNIA, TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA SAFETY CODE AND TAKING CERTAIN ACTIONS IN THEREWITH IN ORDER TO PARTICIPATE IN THE VOLUNTARY REDEVELOPMENT PROGRAM. Rec: Waive further reading and adopt. F-ITAme , XIV. NEW BUSINESS CITY COUNCIL COMPY WITH HEALTH AND CONNECTION ALTERNATIVE POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 A. REQUEST FOR DIRECTION REGARDING PROPOSED CATHEDRAL CITY SPHERE OF INFLUENCE AMENDMENT 2011-03-4 AND REGARDING POTENTIAL GROWTH OF THE PALM DESERT SPHERE OF INFLUENCE NORTH OF INTERSTATE 10. Rec: By Minute Motion, provide policy direction regarding- 1) Proposed Cathedral City Sphere of Influence Amendment 2011-03-4 and, if appropriate, approve letter to the Riverside County Local Agency Formation Commission (LAFCO), objecting to the proposed amendment. 2) Potential growth of the Palm Desert Sphere of Influence areas north of Interstate 10. B. CONSIDERATION OF ASSEMBLY BILL 742 (LOWENTHAL) AND APPROVAL OF A LETTER OF OPPOSITION TO ASSEMBLYMAN NESTANDE AND SENATOR EMMERSON. Rec: By Minute Motion, approve sending the recommended letter opposing AB 742 (Lowenthal) to Assemblyman Nestande and Senator Emmerson. C. CONSIDERATION OF SUPPORT FOR CONTINUATION OF THE ENERGY EFFICIENCY GAS SURCHARGE FUND AND A LETTER TO ASSEMBLYMAN NESTANDE AND SENATOR EMMERSON THEREFOR. Rec: By Minute Motion, approve the recommended letter of Request to Assemblyman Nestande and Senator Emmerson. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None C^'. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, DENYING A CONDITIONAL USE PERMIT TO OPERATE A SHORT-TERM RENTAL LOCATED AT 44-600 SAN JOSE AVENUE (APN 627-164-005), Case No. CUP 11-244 (Alan and Susan Parker, Applicants/Appellants). Rec: Waive further reading and adopt Resolution No. 2011 - 83, granting the Appeal and approving Conditional Use Permit No. 11-244, subject to conditions. B. REQUEST FOR APPROVAL OF THE REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS PREVIOUSLY AWARDED TO FAMILY YMCA OF THE DESERT AND REMAINING UNSPENT FUNDS FROM PREVIOUSLY FUNDED CDBG PROGRAMS/PROJECTS FOR FISCAL YEAR 2011-2012 TO RANCH RECOVERY CENTER. Rec: By Minute Motion, approve the reallocation and reprogramming of CDBG funds in the amount of $29,253.87 to Ranch Recovery Center. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of August 17 - 30, 2011. Rec: Receive and file. B. CITY ATTORNEY C. CITY CLERK VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 1. Reminder of 2nd Regular City Council Meeting in September to Be Held Thursday, September 29, 2011, at 3.00 p.m. 2. Consideration of Request to Appoint Voting Delegate and Alternate for the National League of Cities Annual Business Meeting on Saturday, November 12, 2011, at the National Congress of Cities and Exposition in Phoenix, Arizona. Rec: By Minute Motion, appoint a Voting Delegate and Alternate, if desired, for the National League of Cities Annual Business Meeting, subject to Out -of -State Travel approval if City Councilmember(s) will attend. 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 Committee Reports: 3. City Council Comments: 4. City Council Comments: 5. Suggested Items for Future City Council Meeting Agendas: XIX. ADJOURNMENT FUTURE MEETINGS: A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 September 12, 2011 6.00 p.m. Adj. Reg. Youth Committee Administrative Conference Room September 13, 2011 12.00 p.m. Architectural Review Commission Community Services Conference Room September 14, 2011 3.30 p.m. Public Safety Commission Administrative Conference Room September 19, 2011 3.00 p.m. Citizens' Adv. Cmte.-Prof. Area #4 Administrative Conference Room September 20, 2011 2.00 p.m. Marketing Committee Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber September 21, 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 September 22, 2011 3.00 p.m. Regular City Council/RDA Meetings -CANCELED- Adjourned to Sept. 29 September 27, 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 September 29, 2011 3.00 p.m. Adj. Reg. 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 2nd day of September, 2011. Rachelle D. Klassen, City Clerk POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 08, 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 (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: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) 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 B. 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 SEPTEMBER 8, 2011 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. F-IT4 e , VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman William R. Kroonen 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 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. 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. - 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 WEEK OF SEPTEMBER 5 - 11, 2011, AS "NATIONAL PATRIOTISM WEEK" IN THE CITY OF PALM DESERT. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 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 August 25, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 41, 42, 44, 48, 52, and 56. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bristol Farms Store 2319, 73-101 Country Club Drive, Palm Desert. Rec: Receive and file. D. ART IN PUBLIC PLACES COMMISSION MINUTES for the Meeting of March 16, 2011. Rec: Receive and file. E. REQUEST FOR ADOPTION of Resolutions - Setting Forth Findings and Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt Resolution Nos.: 1) 2011 - 78 - November 2010 Records; 2) 2011 - 79 - December 2010 Records; 3) 2011 - 80 - January 2011 Records; 4) 2011 - 81 - February 2011 Records. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 F. REQUEST FOR APPROVAL of Creative Design Services Relate d Rec: By Minute Motion: 1) Approve the subject contract with Scott Burch Design, Indian Wells, California, in an amount not to exceed $5,500; 2) authorize the Mayor to execute the contract as approved by the City Attorney -- funds have been budgeted and are available in Marketing Account No. 110-4417-414-3219. G. REQUEST FOR AUTHORIZATION to Participate in the Community Video Tour Book Program Being Developed by CGI Communications in Partnership with the National League of Cities and the U. S. Conference of Mayors (Contract No. C31170). Rec: By Minute Motion, approve participation in the Community Video Tour Book Program with CGI Communications and authorize the City Manager to execute the agreement for said services. H. REQUEST FOR APPROVAL of Program Supplement Agreement No.007-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 Construction of the Highway 111 Sidewalk Improvement Project and Authorize Director of Public Works to Advertise for Bids (Contract No. C23110A, Project No. 697-05). Rec: By Minute Motion: 1) Approve Program Supplement Agreement No. 007-N to the 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 advertise the project for bids. Action: XI. CONSENT ITEMS HELD OVER POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2010-2011 BUDGET TO PROVIDE TRANSFER, APPROPRIATION, AND ESTIMATED REVENUES OF UNOBLIGATED FUNDS FROM THE GAS TAX, GOLF COURSE CAPITAL, TRAFFIC SAFETY, PROPERTIES CITY/RDA, PALM DESERT RECREATIONAL FACILITIES CORPORATION (PDRFC), CAPITAL PROJECT RESERVE, AND THE GENERAL FUND. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES A. For Introduction: None B. For Adoption: ORDINANCE NO. 1225 - 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. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 2. ORDINANCE NO. 1227 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO COMPY WITH PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH IN ORDER TO PARTICIPATE IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM. Rec: Waive further reading and adopt. F-ITAMe , XIV. NEW BUSINESS A. REQUEST FOR DIRECTION REGARDING PROPOSED CATHEDRAL CITY SPHERE OF INFLUENCE AMENDMENT 2011-03-4 AND REGARDING POTENTIAL GROWTH OF THE PALM DESERT SPHERE OF INFLUENCE NORTH OF INTERSTATE 10. Rec: By Minute Motion, provide policy direction regarding: 1) Proposed Cathedral City Sphere of Influence Amendment 2011-03-4 and, if appropriate, approve letter to the Riverside County Local Agency Formation Commission (LAFCO), objecting to the proposed amendment. 2) Potential growth of the Palm Desert Sphere of Influence areas north of Interstate 10. B. CONSIDERATION OF ASSEMBLY BILL 742 (LOWENTHAL) AND APPROVAL OF A LETTER OF OPPOSITION TO ASSEMBLYMAN NESTANDE AND SENATOR EMMERSON. Rec: By Minute Motion, approve sending the recommended letter opposing AB 742 (Lowenthal) to Assemblyman Nestande and Senator Emmerson. F-ITAMe , C^'. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 C. CONSIDERATION OF SUPPORT FOR CONTINUATION OF THE ENERGY EFFICIENCY GAS SURCHARGE FUND AND A LETTER TO ASSEMBLYMAN NESTANDE AND SENATOR EMMERSON THEREFOR. Rec: By Minute Motion, approve the recommended letter of Request to Assemblyman Nestande and Senator Emmerson. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS 0= XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, DENYING A CONDITIONAL USE PERMIT TO OPERATE A SHORT-TERM RENTAL LOCATED AT 44-600 SAN JOSE AVENUE (APN 627-164-005), Case No. CUP 11-244 (Alan and Susan Parker, Applicants/Appellants). Rec: Waive further reading and adopt Resolution No. 2011 - 83, granting the Appeal and approving Conditional Use Permit No. 11-244, subject to conditions. Action: VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 B. REQUEST FOR APPROVAL OF THE REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS PREVIOUSLY AWARDED TO FAMILY YMCA OF THE DESERT AND REMAINING UNSPENT FUNDS FROM PREVIOUSLY FUNDED CDBG PROGRAMS/PROJECTS FOR FISCAL YEAR 2011-2012 TO RANCH RECOVERY CENTER. Rec: By Minute Motion, approve the reallocation and reprogramming of CDBG funds in the amount of $29,253.87 to Ranch Recovery Center. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of August 17 - 30, 2011. Rec: Receive and file. B. CITY ATTORNEY C. CITY CLERK 1. Reminder of 2nd Regular City Council Meeting in September to Be Held Thursday, September 29, 2011, at 3.00 p.m. Action: 2. Consideration of Request to Appoint Voting Delegate and Alternate for the National League of Cities Annual Business Meeting on Saturday, November 12, 2011, at the National Congress of Cities and Exposition in Phoenix, Arizona. Rec: By Minute Motion, appoint a Voting Delegate and Alternate, if desired, for the National League of Cities Annual Business Meeting, subject to Out -of -State Travel approval if City Councilmember(s) will attend. Action: A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 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 Requests and Reports: 3. City Council Committee Reports: 4. City Council Comments: 5. Suggested Items for Future City Council Meeting Agendas: XIX. ADJOURNMENT POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 FUTURE MEETINGS: September 12, 2011 6.00 p.m. Adj. Reg. Youth Committee Administrative Conference Room September 13, 2011 12.00 p.m. Architectural Review Commission Community Services Conference Room September 14, 2011 3.30 p.m. Public Safety Commission Administrative Conference Room September 19, 2011 3.00 p.m. Citizens' Adv. Cmte.-Prof. Area #4 Administrative Conference Room September 20, 2011 2.00 p.m. Marketing Committee Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber September 21, 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 September 22, 2011 3.00 p.m. Regular City Council/RDA Meetings -CANCELED- Adiourned to Seat. 29 September 27, 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 September 29, 2011 3.00 p.m. Adj. Reg. 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 2nd day of September, 2011. Rachelle D. Klassen, City Clerk 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 08, 2011 CIVIC CENTER COUNCIL CHAMBER 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: 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 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 - Councilman William R. Kroonen VII. INVOCATION - Councilmember Jan C. Harnik POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 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 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 A. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 5 - 11, 2011, AS "NATIONAL PATRIOTISM WEEK" IN THE CITY OF PALM DESERT. Rec: 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 August 25, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 41, 42, 44, 48, 52, and 56. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bristol Farms Store 2319, 73-101 Country Club Drive, Palm Desert. Rec: Receive and file. D. ART IN PUBLIC PLACES COMMISSION MINUTES for the Meeting of March 16, 2011. Rec: Receive and file. E. REQUEST FOR ADOPTION of Resolutions - Setting Forth Findings and Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt Resolution Nos.: 1) 2011 - 78 - November 2010 Records; 2) 2011 - 79 - December 2010 Records; 3) 2011 - 80 - January 2011 Records; 4) 2011 - 81 - February 2011 Records. F. REQUEST FOR APPROVAL of Creative Design Services Relate d Rec: By Minute Motion: 1) Approve the subject contract with Scott Burch Design, Indian Wells, California, in an amount not to exceed $5,500; 2) authorize the Mayor to execute the contract as approved by the City Attorney -- funds have been budgeted and are available in Marketing Account No. 110-4417-414-3219. G. REQUEST FOR AUTHORIZATION to Participate in the Community Video Tour Book Program Being Developed by CGI Communications in Partnership with the National League of Cities and the U. S. Conference of Mayors (Contract No. C31170). Rec: By Minute Motion, approve participation in the Community Video Tour Book Program with CGI Communications and authorize the City Manager to execute the agreement for said services. H. REQUEST FOR APPROVAL of Program Supplement Agreement No. 007- N for Congestion Mitigation and Air Quality (CMAQ) Funds Between the POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 City of Palm Desert and the State of California Department of Transportation (Caltrans) for Construction of the Highway 111 Sidewalk Improvement Project and Authorize Director of Public Works to Advertise for Bids (Contract No. C23110A, Project No. 697-05). Rec: By Minute Motion: 1) Approve Program Supplement Agreement No. 007-N to the 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 advertise the project for bids. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2010-2011 BUDGET TO PROVIDE TRANSFER, APPROPRIATION, AND ESTIMATED REVENUES OF UNOBLIGATED FUNDS FROM THE GAS TAX, GOLF COURSE CAPITAL, TRAFFIC SAFETY, PROPERTIES CITY/RDA, PALM DESERT RECREATIONAL FACILITIES CORPORATION (PDRFC), CAPITAL PROJECT RESERVE, AND THE GENERAL FUND. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 For Introduction: None For Adoption: A. 1. ORDINANCE NO. 1225 - 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. 2. ORDINANCE NO. 1227 - AN ORDINANCE OF THE OF THE CITY OF PALM DESERT, CALIFORNIA, TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA SAFETY CODE AND TAKING CERTAIN ACTIONS IN THEREWITH IN ORDER TO PARTICIPATE IN THE VOLUNTARY REDEVELOPMENT PROGRAM. Rec: Waive further reading and adopt. F-ITAme , XIV. NEW BUSINESS CITY COUNCIL COMPY WITH HEALTH AND CONNECTION ALTERNATIVE POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 A. REQUEST FOR DIRECTION REGARDING PROPOSED CATHEDRAL CITY SPHERE OF INFLUENCE AMENDMENT 2011-03-4 AND REGARDING POTENTIAL GROWTH OF THE PALM DESERT SPHERE OF INFLUENCE NORTH OF INTERSTATE 10. Rec: By Minute Motion, provide policy direction regarding- 1) Proposed Cathedral City Sphere of Influence Amendment 2011-03-4 and, if appropriate, approve letter to the Riverside County Local Agency Formation Commission (LAFCO), objecting to the proposed amendment. 2) Potential growth of the Palm Desert Sphere of Influence areas north of Interstate 10. B. CONSIDERATION OF ASSEMBLY BILL 742 (LOWENTHAL) AND APPROVAL OF A LETTER OF OPPOSITION TO ASSEMBLYMAN NESTANDE AND SENATOR EMMERSON. Rec: By Minute Motion, approve sending the recommended letter opposing AB 742 (Lowenthal) to Assemblyman Nestande and Senator Emmerson. C. CONSIDERATION OF SUPPORT FOR CONTINUATION OF THE ENERGY EFFICIENCY GAS SURCHARGE FUND AND A LETTER TO ASSEMBLYMAN NESTANDE AND SENATOR EMMERSON THEREFOR. Rec: By Minute Motion, approve the recommended letter of Request to Assemblyman Nestande and Senator Emmerson. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None C^'. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, DENYING A CONDITIONAL USE PERMIT TO OPERATE A SHORT-TERM RENTAL LOCATED AT 44-600 SAN JOSE AVENUE (APN 627-164-005), Case No. CUP 11-244 (Alan and Susan Parker, Applicants/Appellants). Rec: Waive further reading and adopt Resolution No. 2011 - 83, granting the Appeal and approving Conditional Use Permit No. 11-244, subject to conditions. B. REQUEST FOR APPROVAL OF THE REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS PREVIOUSLY AWARDED TO FAMILY YMCA OF THE DESERT AND REMAINING UNSPENT FUNDS FROM PREVIOUSLY FUNDED CDBG PROGRAMS/PROJECTS FOR FISCAL YEAR 2011-2012 TO RANCH RECOVERY CENTER. Rec: By Minute Motion, approve the reallocation and reprogramming of CDBG funds in the amount of $29,253.87 to Ranch Recovery Center. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of August 17 - 30, 2011. Rec: Receive and file. B. CITY ATTORNEY C. CITY CLERK VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 1. Reminder of 2nd Regular City Council Meeting in September to Be Held Thursday, September 29, 2011, at 3.00 p.m. 2. Consideration of Request to Appoint Voting Delegate and Alternate for the National League of Cities Annual Business Meeting on Saturday, November 12, 2011, at the National Congress of Cities and Exposition in Phoenix, Arizona. Rec: By Minute Motion, appoint a Voting Delegate and Alternate, if desired, for the National League of Cities Annual Business Meeting, subject to Out -of -State Travel approval if City Councilmember(s) will attend. 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 Committee Reports: 3. City Council Comments: 4. City Council Comments: 5. Suggested Items for Future City Council Meeting Agendas: XIX. ADJOURNMENT FUTURE MEETINGS: A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 8, 2011 September 12, 2011 6.00 p.m. Adj. Reg. Youth Committee Administrative Conference Room September 13, 2011 12.00 p.m. Architectural Review Commission Community Services Conference Room September 14, 2011 3.30 p.m. Public Safety Commission Administrative Conference Room September 19, 2011 3.00 p.m. Citizens' Adv. Cmte.-Prof. Area #4 Administrative Conference Room September 20, 2011 2.00 p.m. Marketing Committee Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber September 21, 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 September 22, 2011 3.00 p.m. Regular City Council/RDA Meetings -CANCELED- Adjourned to Sept. 29 September 27, 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 September 29, 2011 3.00 p.m. Adj. Reg. 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 2nd day of September, 2011. Rachelle D. Klassen, City Clerk