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Home My WebLink About2012-01-26 AGENDAPOSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 26, 2012 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 ITEMSO 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 may briefly respond or 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: 20,319 Square -foot Portion of Frontage Road Adjacent to Highway 74 and the Proposed Rosewood Hotel Negotiating Parties: Agency: John M. Wohlmuth/city of Palm Desert Property Owner: 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 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2012 Action: VI. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson VII. INVOCATION - Councilmember Jan C. Harnik VIII. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. B. Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Redevelopment Agency, or Housing Authority Boards 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, Redevelopment Agency, or Housing Authority Boards. Because the Brown Act does not allow the City Council, Redevelopment Agency, or Housing Authority Boards 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, Redevelopment Agency, or Housing Authority 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 TO THE CITY COUNCIL BY QUEEN SCHEHERAZADE AND HER COURT AS AMBASSADORS OF THE RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL, FEBRUARY 17-26, 2012. B. INTRODUCTION OF MARYLOU SUTER, NEW EXECUTIVE DIRECTOR OF THE JOSLYN CENTER IN PALM DESERT. F-ITAMe , POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2012 C. APPOINTMENTS TO VARIOUS VACANCIES ON THE CITY'S ESTABLISHED COMMITTEES AND COMMISSIONS. Rec: By Minute Motion, make appointments to the various open positions on the City's established Committees and Commissions, following interviews scheduled for Thursday, January 19, 2012, beginning at 8.00 a.m. 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 January 12, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 148, 149, 153, and 154. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Palm Desert Country Club Diner, 77-200 California Drive, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ristorante Mamma Gina, 73-705 El Paseo, 30B, C & D, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Target T0940, 72-549 Highway 111, Palm Desert. Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2012 F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Citizen's Sustainability committee Meeting of August 31, 2011. 2. Marketing Committee Meeting of November 15, 2011. 3. Parks & Recreation commission Meeting of December 6, 2011. Rec: Receive and file. G. LIMITED PROCEDURES REVIEW of Various Palm Desert Operators for Compliance with the City of Palm Desert's Transient Occupancy Tax (T.O.T.) Ordinance for the 2009 and 2010 Calendar Year. Rec: By Minute Motion: 1) Receive and file the Limited Procedures Review of various Palm Desert operators for compliance with the City of Palm Desert's Transient Occupancy Tax Ordinance (T.O.T.) for the 2009 and 2010 calendar year; 2) approve reimbursement to operators for overpayment of T.O.T. totaling $3,027. H. REPORT Pursuant to Section 33080.1 of the California Health and Safety code (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, receive and file the Report, pursuant to Section 33080.1 of the California Health and Safety Code. REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of Work for Contract No. C27950A - Intersection Improvements at Frank Sinatra Drive and Portola Avenue (Project No. 572-08) (H & H General Contractors, Inc., Highland, CA). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $37,388.40 to the subject contract with H & H General Contractors, Inc., Highland, California, for additional work performed on the project; 2) authorize transfer of $37,388.40 from contingency to base for the contract; 3) authorize the Mayor to execute Change Order No. 1; 4) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. J. REQUEST FOR RATIFICATION of the City Manager's Authorization for Additional Expenditure on the McCallum Theatre Parking Lot Landscape Retrofit Project and Approval of Change Order No. 1 to Contract No. C31150 Therefor (Project No. 967-12). In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2012 Rec: By Minute Motion: 1) Ratify the City Manager's authorization for additional expense in the amount of $400 on the subject project; 2) approve Change Order No. 1 in the amount of $400 to the subject contract with Horizon Professional Landscape, Coachella, California; 3) authorize the transfer of $400 from contingency to base for the contract; 4) authorize the Mayor to execute Change Order No. 1-funds are available in Account No. 110-4800-454-3879 - Outside Agency Contribution for the McCallum Theatre. K. REQUEST FOR APPROVAL of a Temporary Waiver of Palm Desert Municipal Code (P.D.M.C.) Sections 9.58.040 and 11.01.080(W) for the Desert Recreation District's Annual International Sports Festival Opening Dinner Ceremony to be Held at the Palm Desert Community Center on February 17, 2012. Rec: By Minute Motion, grant a temporary waiver of P.D.M.C. Section 11.01.080(W) - Possession/Consumption of Alcohol in City Parks pursuant to P.D.M.C. Section 9.58.040 for the Desert Recreation District's International Sports Festival Dinner Event on February 17, 2012, from 5.00 p.m. - 10.00 p.m. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2012 - 03 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A HEIGHT STUDY REQUIREMENT FOR NEW DEVELOPMENT REQUESTING APPROVAL OF ANY CONSTRUCTION EXCEEDING THE HEIGHT STANDARD BY 10% OR MORE. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2012 None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF $75,000 IN FACADE ENHANCEMENT PROGRAM CONSIDERATION FUNDS FOR SAXONY BUILDING (CURRENTLY CANYON BAJO BUILDING), LOCATED AT 74-399 HIGHWAY 111, PALM DESERT (Martec Investments, LP, Applicant). Rec: By Minute Motion, approve $75,000 in Facade Enhancement Program consideration funds to Martec Investments, LP, for Saxony Building, which is currently Canyon Bajo Building, located at 74-399 Highway 111 - funds are available in Account No. 400- 4800-454-3875. B. REQUEST FOR ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY RELATED TO FORGIVENESS OF LOANS, ADVANCES, OR OTHER INDEBTEDNESS PURSUANT TO LEGISLATION AB 936 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: Waive further reading and adopt- 1) City Council Resolution No. 2012 - 04, pursuant to Assembly Bill 936, concerning forgiveness of loans, advances, or other indebtedness, and taking certain other actions in connection therewith. 2) Redevelopment Agency Resolution No. 593, pursuant to Assembly Bill 936, concerning forgiveness of loans, advances, or other indebtedness, and taking certain other actions in connection therewith. C. REQUEST FOR APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $15,600 WITH CYNTHIA LEE GOSSELIN FOR A CONTRACTED PROGRAM TO ESTABLISH AN ONGOING METHOD OF IDENTIFYING AND BRINGING INTO COMPLIANCE PALM DESERT HOMEOWNERS NOT CURRENTLY POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2012 COMPLYING WITH SECTION 3.24 OF THE PALM DESERT MUNICIPAL CODE - TRANSIENT OCCUPANCY TAX (T.O.T). Rec: By Minute Motion: 1) Approve Professional Services Contract No. C31500 with Cynthia Lee Gosselin, Rancho Mirage, California, for Short-term Rental Compliance and authorize the Mayor to execute same; 2) appropriate $15,600 from the Unobligated General Fund Reserves to Account No. 110-4470-412-3090 - General Fund, Community Development / Planning Professional Services for this contract. D. REQUEST FOR AUTHORIZATION FOR THE MAYOR TO EXECUTE A GRANT DEED TO CALIFORNIA STATE UNIVERSITY FOR A PORTION OF BERGER CIRCLE AND BERGER DRIVE SOUTH. Rec: By Minute Motion, authorize the Mayor to execute a Grant Deed to California State University (CSU) for a portion of Berger Circle and Berger Drive South. FTITAMe , E. CONSIDERATION OF REQUEST BY J.W. MARRIOTT DESERT SPRINGS PALM DESERT FOR CITY ASSISTANCE TO CONSTRUCT A WATER PARK PROJECT AT DESERT SPRINGS MARRIOTT. Rec: By Minute Motion, direct staff to prepare an agreement to assist the J.W. Marriott Desert Springs Water Park Project, utilizing one of the financial options detailed in the accompanying staff report (Contract No. C31510). F. CONSIDERATION OF THE FUTURE OF THE ART IN PUBLIC PLACES COMMISSION AND THE CULTURAL RESOURCES PRESERVATION COMMITTEE. Rec: By Minute Motion: 1) Disband the Art in Public Places Commission and the Cultural Resources Preservation Committee; 2) create a new seven -member commission called the "Cultural Affairs Commission," consisting of five members of the current Art in 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2012 Public Places Commission, one member of the current Cultural Resources Preservation Committee, and the President of the Historical Society of Palm Desert, or his/her designee. F-IT41 Me, G. AUDITED FINANCIAL REPORTS FOR THE CITY OF PALM DESERT - FISCAL YEAR ENDED JUNE 30, 2011. Rec: By Minute Motion, receive and file the audited Comprehensive Annual Financial Report (CAFR) for the City of Palm Desert, Fiscal Year Ended June 30, 2011. H. AUDITED FINANCIAL REPORTS FOR THE PALM DESERT RECREATIONAL FACILITIES CORPORATION - FISCAL YEAR ENDED JUNE 30, 2011. Rec: By Minute Motion, receive and file the audited financial statements of the Palm Desert Recreational Facilities Corporation, Fiscal Year Ended June 30, 2011. F-IT41 Me, XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. FISCAL IMPACT ANALYSIS REPORT REGARDING POTENTIAL ANNEXATION BY THE CITY OF PALM DESERT FOR AREAS NORTH OF INTERSTATE 10. A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2012 Rec: By Minute Motion, direct staff regarding further actions to take, if any, concerning annexation of areas north of Interstate 10. Action: XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE VACATION OF DAISY LANE RIGHTS -OF -WAY AND EXCESS SIDEWALK, AND LANDSCAPE EASEMENTS ALONG SHEPHERD LANE IN TRACT NO. 29469 (Kristi Hanson Architects, Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 2012-05, vacating Daisy Lane rights -of -way and excess sidewalk, and landscape easements along Shepherd Lane in Tract No. 29469. F-ITAMe , XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of January 4 - 17, 2012. Rec: Receive and file. B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o 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- 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2012 3. City Council Committee Reports: 4. City Council Comments: 5. Suggested Items for Future City Council Meeting Agendas: XIX. ADJOURNMENT FUTURE MEETINGS: January 31, 2012 10.00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room February 6, 2012 6.00 p.m. Youth Committee Administrative Conference Room February 7, 2012 8.30 a.m. Parks & Recreation Commission Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber February 8, 2012 3.30 p.m. Housing Commission North Wing Conference Room 3.30 p.m. Public Safety Commission Administrative Conference Room February 9, 2012 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 is 20t" day of January, 2012. Rachelle D. Klassen, City Clerk 10