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HomeMy WebLinkAbout2012-08-23 AGENDAIV. 1V VI. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 23, 2012 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 CALL TO ORDER - 3:00 P.M. ROLL CALL ORAL COMMUNICATIONS — A (CLOSED SESSION ITEMS) Any person wishing to discuss any item of Closed Session business may address the City Council or Successor Agency to the Palm Desert Redevelopment Agency Board at this point by stepping to the lectern and givinq his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the City Council or Successor Agency Board. Because the Brown Act does not allow the City Council or Successor 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 Successor Agency meeting. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 1) City of Palm Desert v. Ronald Moers, Riverside County Superior Court, Case No. INC1107144 (Addendum) RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. PLEDGE OF ALLEGIANCE - Councilmember Cindy Finerty VII. INVOCATION - Mayor Robert A. Spiegel POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 VIII. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. Action: B. Any person wishing to discuss any item not scheduled for public hearing may address the City Council or Successor Agency to the Palm Desert Redevelopment Agency Board at this point by stepping to the lectern and aivin 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 Successor Agency to the Palm Desert Redevelopment Agency Board. Because the Brown Act does not allow the City Council or Successor Agency to the Palm Desert 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 Successor Agency to the Palm Desert 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 OF PROCLAMATION, DECLARING SUPPORT FOR "THE CHILDREN'S BILL OF RIGHTS." Action: B. PRESENTATION TO RECOGNIZE JEANNIE KAYS FOR HER SERVICE TO THE CITY OF PALM DESERT AS ITS CITY LIBRARIAN, JANUARY 2005 - AUGUST 2012. C. INTRODUCTION OF COLLEGE OF THE DESERT SUPERINTENDENT/PRESIDENT DR. JOEL KINNAMON. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 D. REQUEST FOR ACCEPTANCE OF LETTER OF RESIGNATION FROM YOUTH COMMITTEE MEMBER MITCHEL CHAPLIN AND FOR APPOINTMENT OF DANIEL SANFORD TO THE COMMITTEE. Rec: By Minute Motion: 1) Accept letter of resignation from the Youth committee by Mitchell Chaplin with very sincere regret; 2) appoint Daniel Sanford to the Palm Desert Youth Committee (term December 31, 2012). F-IT41 Me, 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 July 12, July 26, and August 9, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 300, 305, 1, 4, 5, 6, 9, 12, 13, 14, 15, 17, 22, 23, 24, 26, 30, 31, 32, 35, 39, and 41. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of May 2012 and June 2012 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by California Pizza Kitchen, 73-080 El Paseo, Palm Desert. Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Grill -A - Burger, 73-091 Country Club Drive, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fresh Agave Mexican Bar & Grill, 73-325 Highway 111, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Hibachi City buffet, 72-600 Dinah Shore Drive, Palm Desert. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Stone Eagle Golf Club, 48-099 Highway 74, Palm Desert. Rec: Receive and file. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Tilted Kilt, 72-191 Highway 111, Palm Desert. Rec: Receive and file. J. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of May 16, 2012. 2. Audit, Investment & Finance Committee Meetings of May 22 and June 26, 2012. 3. Marketing Committee Meeting of June 19, 2012. 4. Parks & Recreation Commission Meeting of June 5, 2012. Rec: Receive and file. K. LETTER OF RESIGNATION from Michael Barnard - Parks & Recreation Commission. Rec: Receive with very sincere regret. In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 L. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Paper Files From the Department of Building & Safety that Have Been Digitally Imaged (September 2011, October 2011, November 2011, and December 2011 Records). Rec: Waive further reading and adopt Resolution Numbers: 1) 2012-55 - September 2011 Records; 2) 2012-56 - October 2011 Records; 3) 2012-57 - November 2011 Records; 4) 2012-58 - December 2011 Records. M. REQUEST FOR APPROVAL of Administrative Services Agreement with WageWorks for Administration of the City's IRS Section 125 Flexible Spending Accounts (Contract No. C32080). Rec: By Minute Motion, approve the Reimbursement Services Agreement with WageWorks for Administration of the City's Flexible Spending Accounts. N. REQUEST FOR APPROVAL of Amendment Two to the AB2766 Memorandum of Understanding (MOU) Between the City of Palm Desert and Coachella Valley Association of Governments (CVAG) (Contract No. C29932). Rec: By Minute Motion: 1) Approve Amendment Two to AB2766 MOU between CVAG and CVAG Member Jurisdictions for the purpose of operations and administration of the Regional PM10 Street Sweeping Program; 2) authorize the City Manager to execute the Amendment - AB2766 funds are derived from motor vehicle registration fee surcharges - there is no direct fiscal impact to the General Fund. O. REQUEST FOR ACCEPTANCE OF WORK and Approval of Change Order No. 1 to Contract No. C23110A - Highway 111 Sidewalk Improvements Project (B & T Works, Wildomar, CA) (Project No. 697-05). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $3,975 to the subject contract and extend the contract time frame by 13 days with no penalty assessed against the contractor, B & T Works; 2) authorize the Mayor to execute Change Order No. 1; 3) accept the work as complete and authorize City Clerk to file a Notice of Completion for the subject project - funds are available in the Measure "A" Account, No. 213-4362-433-4001 - Highway 111 Improvements. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 P. REQUEST FOR ACCEPTANCE OF WORK and Ratification of Payment for Additional Work by Sladden Engineering for the Cook Street Drainage and Intersection Improvements Project - Contract No. C29370C (Project No. 505-03) (Cooley Construction, Inc., Hesperia, CA). Rec: By Minute Motion: 1) Accept the work as complete and authorize City Clerk to file a Notice of Completion for the subject contract; 2) ratify approval by the City Manager for an additional payment to Sladden Engineering, Beaumont, California, for work requested by the City in the amount of $16,581.70. Q. REQUEST FOR ACCEPTANCE OF WORK - Contract No. C31460 - Willows Room - Conference Room Lighting/Ceiling Remodel at Desert Willow Golf Resort (Seto Construction, Inc., Bermuda Dunes, CA). Rec: By Minute Motion: 1) Accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project; 2) declare the existing metal gate between the Willows Room lobby and the Conference Room as surplus property and authorize staff to dispose of it. R. REQUEST FOR ACCEPTANCE OF WORK - Contract No. C31710 - 2012 Curb Ramp Modification Project (Project No. 753-12) (Simon Contracting, Indio, 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. S. REQUEST FOR AUTHORIZATION to Release Security for Tract No. 32498 and Accept New Security and Agreement Therefor (Harrison Road Ventures, LLC, Applicant). Rec: By Minute Motion, authorize release of security for Tract No. 32498 and accept new security and agreement therefor. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 T. REQUEST FOR APPROVAL of the First Annual Fall Concert Series - 2012. Rec: By Minute Motion: 1) Approve the Fall 2012 Concert Series Schedule; 2) approve Contract No. C32090A with Reaction in the amount of $500; 3) approve Contract No. C32090B with Renee Rojanaro in the amount of $1,350; 4) approve Contract No. C32090C with Brent Payne and Dakota in the amount of $1,325; 5) approve partnership with Family YMCA of the Desert for Surfin' USA Performance; 6) approve expenditure with Studio Instrument Rentals (SIR), Palm Springs, California, for concert professional staff, instrument equipment, sound, and/or lighting in conjunction with the concerts; 7) approve 5% fee with Gigmasters Online Website for booking services of selected bands in an amount not to exceed $200; 8) authorize Mayor to execute said contracts - funds are available in Account No. 110-4416-414-3061. U. REQUEST FOR APPROVAL of 2012 Palm Desert Golf Cart Parade and Sponsorship for the Event on Sunday, October 28. 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 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 28, 2012; 4) authorize El Paseo road closure for the event; 5) waive Section 11.01.140 of the Palm Desert Municipal Code - Amplified Sound. V. REQUEST FOR APPROVAL of Sponsorship Payment to Desert Recreation District for the February 2013 International Sports Festival. Rec: By Minute Motion, approve payment in the amount of $26,000 to Desert Recreation District for the 2013 International Sports Festival from Account No. 110-4426-414-3062 - funds have been budgeted to this Account for FY 2012-2013. W. REQUEST FOR RATIFICATION of Out -of -State Travel for Captain Scott Visyak, Palm Desert Fire Department, for Travel to Houston, Texas, to Inspect and Take Possession of Palm Desert's New Medic Unit. Rec: By Minute Motion, ratify Out -of -State Travel by Captain Scott Visyak, Palm Desert Fire Department, for travel to Houston, Texas, to inspect and take possession of Palm Desert's new Medic Unit. VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 X. REQUEST FOR APPROVAL of Out -of -State Travel for Palm Desert Visitor Center coordinator to Attend the 2012 Las Vegas Souvenir and Resort Gift Show from September 12-14. Rec: By Minute Motion, authorize the Palm Desert Visitor Center Coordinator to attend the Las Vegas Souvenir and Resort Gift Show in Las Vegas, Nevada, September 12-14, 2012 - funds are available in General Fund Account No. 110-4419-453-3120 - Visitor Center Conference/Seminars/Workshops. Y. INFORMATIONAL REPORT on a Temporary Use Permit Application by the Palm Springs Art Museum -Palm Desert to Host a Fund-raising Event on February 25-26, 2013. Rec: Receive and file. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2012 - 59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING THE CITY'S FY 2012 STATE HOMELAND SECURITY GRANT PROGRAM APPLICATION AND AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT APPLICATION AND ALL OTHER GRANT DOCUMENTS. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: None A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 XIV. NEW BUSINESS A. REQUEST FOR CITY COUNCIL REVIEW OF AN APPROVAL BY THE ARCHITECTURAL REVIEW COMMISSION FOR AN EXTERIOR FACADE RENOVATION TO THE BUILDING FORMERLY KNOWN AS LG'S STEAKHOUSE LOCATED AT 74-225 HIGHWAY 111, PALM DESERT (One El Paseo West, LLC, Applicant). Rec: By Minute Motion: 1) Uphold the Architectural Review Commission approval of exterior facade renovations to the building formerly known as LG's Steakhouse; 2) adopt Notice of Exemption Form 11B B. REQUEST FOR APPROVAL OF PROPOSAL "DESERT WINDOWS" BY STEVEN RIEMAN AS SECOND PUBLIC ART COMPONENT FOR THE WESTIN DESERT WILLOW PROJECT LOCATED AT 75 WILLOW RIDGE, PALM DESERT (WVC Rancho Mirage, Inc., Applicant). Rec: By Minute Motion, approve the proposed artwork, "Desert Windows," by Steven Rieman as the second public art component for the Westin Desert Willow located at 75 Willow Ridge, Palm Desert. C. REQUEST FOR APPROVAL OF A SUB -REIMBURSEMENT AGREEMENT BETWEEN THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) AND CITY OF PALM DESERT FOR THE I- 10/DATE PALM DRIVE INTERCHANGE PROJECT (CONTRACT NO. C32100). Rec: By Minute Motion: 1) Approve the Sub -reimbursement Agreement between CVAG and City of Palm Springs, City of Rancho Mirage, City of Desert Hot Springs, and City of Palm Desert for the Interchange Project at 1-10 and Date Palm Drive; 2) appropriate $2,637.41 from Unobligated Measure "A" funds to Account No. 213-4372-433-4001; 3) authorize Mayor to execute the Agreement - funds are available in Unobligated Measure "A" funds and Measure "A" Account No. 213-4372-433-4001. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 D. REQUEST FOR AUTHORIZATION TO PURCHASE GOLF COURSE IRRIGATION SUPPLIES FROM HIGH TECH IRRIGATION, INC., FOR THE DESERT WILLOW GOLF RESORT FOR FISCAL YEAR 2012-2013 IN AN AMOUNT NOT TO EXCEED $55,000 (CONTRACT NO. C32110, PROJECT NO. 841-13). Rec: By Minute Motion: 1) Authorize purchase of Golf Course Irrigation Supplies from High Tech Irrigation, Inc., Indio, California, for FY 2012-2013 in an amount not to exceed $55,000; 2) determine that the Golf Course Irrigation Supplies must be sole -sourced; 3) authorize City Manager to execute the contract - funds are available in Course and Grounds Expenses, Account No. 520- 4195-495-8031. E. REQUEST FOR AUTHORIZATION TO PURCHASE GREENS FERTILIZER PRODUCTS FROM SOUTHWEST TURF SUPPORT, LLC, FOR DESERT WILLOW GOLF RESORT - FISCAL YEAR 2012-2013 IN AN AMOUNT NOT TO EXCEED $90,000 (CONTRACT NO. C32120, PROJECT NO. 840-13). Rec: By Minute Motion: 1) Authorized Desert Willow Golf Resort to purchase Greens Fertilizer Products from Southwest Turf Support, LLC, Phoenix, Arizona, for FY 2012-2013 in an amount not to exceed $90,000; 2) determine the Golf Course Greens Fertilizer must be sole -sourced; 3) authorize the City Manager to execute the contract - funds are available in Course and Grounds Expenses, Account No. 520-4195-495-8031. F. REQUEST FOR AWARD OF PURCHASE OF 222,500 POUNDS OF GRASS SEED TO SIMPLOT PARTNERS IN THE AMOUNT OF $194,130.35. Rec: By Minute Motion, award the purchase of 222,500 pounds of Grass Seed to Simplot Partners, Palm Desert, California, in the amount of $194,130.35 - funds are available in General Fund Account Nos. 110-4610-453-2190 - Supplies/Other, 110-4610-453-3371 - R/M Tri-Cities Sports Facility, and 110-4614-453-3370 - R/M Medians for the City's portion and the Desert Willow Corporation will fund the balance. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 G. REQUEST FOR AWARD OF CONTRACT TO TERRA NOVA PLANNING & RESEARCH, INC., FOR UPDATE OF THE CITY'S 2014-2021 HOUSING ELEMENT AND THE 6TH REGIONAL HOUSING NEEDS ASSESSMENT CYCLE (RHNA) AS REQUIRED BY THE STATE OF CALIFORNIA (CONTRACT NO. C32130). Rec: By Minute Motion: 1) Subject to such minor technical changes as the City Attorney may deem necessary, award the subject contract to Terra Nova Planning & Research, Inc., Palm Desert, California, in the amount of $47,110 for update of the City's 2014-2021 Housing element and the 6th RHNA Cycle as required by the State of California; 2) authorize the Mayor to execute said contract - funds are available in the FY 2012-2013 Budget in Account No. 400-4470-412-3090. H. REQUEST FOR AWARD OF CONTRACT TO GARLAND/DBS, INC., IN THE AMOUNT OF $583,534 FOR ROOF REPLACEMENTS AT THE SHERIFF'S SUBSTATION AND FIRE STATION NOS. 33 AND 71 (CONTRACT NO. C31940, PROJECT NO. 761-13). Rec: By Minute Motion:1) Award subject contract for Roof Replacements at the Sheriffs Substation and Fire Station Nos. 33 and 71 to Garland/DBS, Inc., Cleveland, Ohio, in the amount of $583,534; 2) approve a 10% contingency for the project in the amount of $587353.40; 3) authorize the Mayor to execute said contract; 4) waive further reading and adopt Resolution No. 2012-61 for the City to utilize the Master Intergovernmental Cooperative Purchasing Agreement for this contract - funds are available for this project in New Construction Tax - City -owned Facilities, Account No. 231- 4164-415-4001, and in Capital Project - Building Maintenance - Public Safety Fire Services, Account No. 450-4220-454-4001. Action: REQUEST FOR EXTENSION OF THE COOPERATIVE AGREEMENT TO PROVIDE FIRE -RELATED SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT UP TO JUNE 13, 2013 (CONTRACT NO. C23910). Rec: By Minute Motion, approve an extension up to June 13, 2013, to the existing Cooperative Agreement to Provide Fire -related Services Between the County of Riverside and the City of Palm Desert. Action: 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 J. REQUEST FOR APPROVAL OF CONSERVATION EASEMENT WITH THE COACHELLA VALLEY CONSERVATION COMMISSION (CVCC) FOR LANDS WITHIN THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PROGRAM (CVMSHCP) AND DIRECTION TO STAFF ON HILLSIDE PROPERTIES THAT ARE OUTSIDE OF THE CVMSHCP BOUNDARIES. Rec: By Minute Motion: 1) Direct staff to prepare a Conservation Easement with the Coachella Valley Conservation Commission (CVCC) for lands within the Coachella Valley Multiple Species Habitat Conservation Program (CVMSHCP), subject to final approval by the City Manager and City Attorney; 2) provide direction to staff on hillside properties that are outside of the CVMSHCP boundaries. K. REQUEST FOR ACCEPTANCE OF CERTAIN CONSERVATION EASEMENTS FOR THE STONE EAGLE AND CORNISHE OF BIGHORN PROJECTS, APPROVAL OF THE FIRST AMENDMENT TO AN EXISTING CONSERVATION EASEMENT AND AN AGREEMENT REGARDING EASEMENTS AT STONE EAGLE, AND AUTHORIZATION FOR MAYOR TO EXECUTE SAID DOCUMENTS. Rec: By Minute Motion: 1) Accept Conservation Easements from Stone Eagle, LLC, and Stone Eagle Association for a total of approximately 57.2 acres; 2) approve First Amendment to Conservation Easement with Stone Eagle Open Space, LLC; 3) approve Agreement Regarding Easements between City of Palm Desert and Stone Eagle, LLC; 4) approve Covenant of Easement for Conservation of approximately 8.74 acres at Cornishe of Bighorn Project; 5) authorize the Mayor to execute above -described documents. L. CONSIDERATION OF A REQUEST FOR FUNDING IN THE AMOUNT OF $25,000 BY THE COACHELLA VALLEY RESCUE MISSION FOR THEIR EMERGENCY HOMELESS OVERNIGHT FUND. Rec: By Minute Motion, direct staff to prepare correspondence to the Coachella Valley Rescue Mission, indicating that the City of Palm Desert cannot comply in Fiscal Year 2012-2013 with their $25,000 funding request. Action: 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 M. REQUEST FOR APPROVAL OF 2013 PALM DESERT CHARTER MIDDLE SCHOOL 5K RUN, ROAD CLOSURES, AND WAIVER OF PALM DESERT MUNICIPAL CODE SECTION 11.01.140 - AMPLIFIED SOUND AND SECTION 11.01.080(A) - PROHIBITED CONDUCT GENERALLY IN CITY PARKS - RIDE OR DRIVE MOTORIZED VEHICLES OR OTHER IN PARKS. Rec: By Minute Motion: 1) Approve Palm Desert Charter Middle School 5K Run on Saturday, January 26, 2013; 2) approve road closures as specified in the accompanying staff report; 3) approve waiver of Palm Desert Municipal Code Section 11.01.140 - Amplified Sound; 4) approve waiver of Palm Desert Municipal Code Section 11.01.080(A) - Prohibited Conduct Generally in City Parks - Ride or Drive Motorized Vehicles or Other in Parks. N. CONSIDERATION OF FEE REDUCTION FOR HVAC AND WATER HEATER REPLACEMENT PERMITS WITHIN CITY OF PALM DESERT. Rec: By Minute Motion, provide staff with direction in the development of a fee structure, which incentivizes the applicant with reduced permit fees when installing more energy -efficient equipment beyond the minimum required by State Energy Code - no further action required at this time. O. CONSIDERATION OF REQUEST FOR BUILDING PERMIT FEE WAIVER FOR PROJECT LOCATED AT 44-750 SAN LUIS REY AVENUE (Alma P. Hockaday, Applicant). Rec: By Minute Motion, provide staff with direction on the request to waive building permit fees for a project located at 44-750 San Luis Rey Avenue. FTITAMe , 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 P. REQUEST FOR APPROVAL OF LEASE RATE REDUCTION AND LEASING OF OFFICE SPACE TO PALM DESERT HISTORICAL SOCIETY AND PALM DESERT SISTER CITIES FOUNDATION, AND REQUEST FOR DIRECTION AS TO FACILITY OPERATION COSTS OF THE PORTOLA COMMUNITY CENTER. Rec: By Minute Motion: 1) Approve decreasing lease rate from $1.50/square foot per month to $1.00/square foot per month; 2) approve leasing an additional office space at the Portola Community Center to the Palm Desert Historical Society for $1.00/year; 3) approve leasing an office space at the Portola Community Center to the Palm Desert Sister Cities Foundation for $1.00/year; 4) approve 30-day Notice to Terminate leases at such time as Portola Community Center Offices spaces are required for organizations able to pay in full for office space(s); 5) establish a subcommittee to review facility operation and costs of Portola Community Center as outlined in issue No. 4 of the accompanying staff report. Q. REQUEST FOR ADOPTION OF A CITY COUNCIL AND A SUCCESSOR AGENCY RESOLUTION, EACH APPROVING THE EXECUTION OF A COOPERATIVE AGREEMENT FOR ADVANCE AND REIMBURSEMENT OF ADMINISTRATIVE, OVERHEAD, AND OTHER EXPENSES BETWEEN THE CITY OF PALM DESERT AND THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY; AND TAKING CERTAIN ACTIONS (CONTRACT NO. C32140) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Rec: Waive further reading and adopt: 1) City Council Resolution No. 2012 - 60, approving the execution of a Cooperative Agreement for Advance and Reimbursement of Administrative, Overhead, and Other Expenses between the City and the Successor Agency, and taking certain other actions; 2) Successor Agency Resolution No. SA -RDA 009, approving the execution of a Cooperative Agreement for Advance and Reimbursement of Administrative, Overhead, and Other Expenses between the City and the Successor Agency, and taking certain other actions. Action: 14 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 R. REQUEST FOR APPROVAL OF A RECIPROCAL ACCESS AND WALL AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, THE CITY OF PALM DESERT, AND THE PALM DESERT COUNTRY CLUB VILLAS (CONTRACT NO. C32150) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Approve Reciprocal Access and Wall Agreement, substantially as to form; 2) authorize Mayor/Chair to execute the finalized Agreement as approved by Successor Agency Counsel; 3) authorize staff to forward the Agreement to the Oversight Board for approval; 4) appropriate $2,500 from Unobligated General Fund Reserves to Parking Lot Maintenance, Account No. 110-4313-433-3320 for the crack seal and slurry coat work to be completed by December 15, 2012 - proposed funding for additional costs related to this Agreement are identified in the accompanying staff report. S. REQUEST FOR DIRECTION TO STAFF ON THE ADMINISTRATION OF CITY COUNCILMEMBER COMPENSATION AND BENEFITS. Rec: City Council Compensation Committee Recommendation: By Minute Motion, set City Councilmember Salary and Benefits, as follows: 1) Salary shall be $22,500 annually for each Councilmember, to be adjusted per provisions of Ordinance No. 1139; 2) Pension shall be in accordance with CaIPERS; 3) Insurance Benefits shall not exceed $7,500 annually for each Councilmember, to be adjusted to provide coverage at the second -highest plan for an individual member, or Councilmember can receive an allowance, which can be converted to cash. Action: City Manager Recommendation: By Minute Motion, set City Councilmember Salary and Benefits, as follows: 1) Salary shall be $22,500 annually for each Councilmember, to be adjusted per provisions of Ordinance No. 1139, with an effective date of November 1, 2012; 2) Pension shall be in accordance with the City's current and future CalPERS Contracts, providing pension benefits at the same formula as employees; 3) Health and Dental Insurance Benefits shall continue to be provided to Councilmembers and dependants at the same level as that provided to employees - Councilmembers shall not be eligible to participate in the City's Life and AD&D Insurance, Long-term Disability Coverage, or Vision Coverage Plan, but they may participate in the City's IRS Section 125 Flexible Spending Plan, as allowed by Federal law - said changes to benefits to be effective January 1, 2013. 15 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 23, 2012 XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF REVISED FRONT ELEVATION DESIGN FOR EXISTING FACADE ENHANCEMENT PROGRAM PROJECT LOCATED AT 73-520 EL PASEO (Wessman Holdings, LLC, Applicant). Rec: By Minute Motion, approve the revised front elevation design for existing Facade Enhancement Program Project located at 73-520 El Paseo. Action- B. REQUEST FOR DIRECTION RELATED TO A -FRAME AND PEDESTAL SIGNS. Rec: By Minute Motion, provide direction to staff regarding enforcement of regulations governing the use of A -frame and pedestal signs. Action: XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meetinq Summaries for the Period of July 2- August 14, 2012 Rec: Receive and file. Action: B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o Police Department We POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING E. MAYOR AND MEMBERS OF THE CITY COUNCIL AUGUST 23, 2012 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: August 28, 2012 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 3, 2012 1.30 p.m. Oversight Board -CANCELED — Labor Day Holiday September 4, 2012 8.30 a.m. Parks & Recreation Commission Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber September 10, 2012 6.00 p.m. Youth Committee (Adj. Reg. Mtg.) Administrative Conference Room September 11, 2012 12.00 p.m. Architectural Review Commission Community Services Conference Room September 12, 2012 3.30 p.m. Housing Commission North Wing Conference Room 3.30 p.m. Public Safety Commission Administrative Conference Room September 13, 2012 3.00 p.m. Reg. City Council/Successor RDA Mtgs. 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 17t" day of August, 2012. Rachelle D. Klassen, City Clerk 17