The URL can be used to link to this page

Home My WebLink About2012-10-11 AGENDAPOSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 11, 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 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. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Pasternack v. Fagel, Bighorn, and City of Palm Desert, Riverside County Superior Court, Case No. INC 1206949 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. Action: VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNTIED STATES OF AMERICA - Mayor Robert A. Spiegel POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2012 VII. INVOCATION - Councilmember Cindy Finerty 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, Successor Agency to the Palm Desert Redevelopment Agency, or Housing Authority Boards 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, Successor Agency to the Palm Desert Redevelopment Agency, or Housing Authority Boards. Because the Brown Act does not allow the City Council, Successor Agency to the Palm Desert 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, Successor Agency to the Palm Desert 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 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 TO RECOGNIZE ROBYN S. RITCHEY FOR HER CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS BUILDING BOARD OF APPEALS & CONDEMNATION, 1995-2012 (Continued from the meeting of September 27, 2012). Action: B. PRESENTATION OF PROCLAMATION, DECLARING THE WEEK OF OCTOBER 10 - 16, 2012, AS "WORLD HOMELESS WEEK" IN THE CITY OF PALM DESERT. Action- C. REQUEST FOR APPROVAL OF RECOMMENDATION FOR THE CITY OF PALM SPRINGS CITY COUNCIL TO REAPPOINT ROLF HOEHN AS THE CITY OF PALM DESERT'S REPRESENTATIVE TO THE PALM POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2012 SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR A THREE- YEAR TERM, JULY 2012 - JUNE 2015. Rec: By Minute Motion, recommend that Rolf Hoehn be reappointed by the Palm Springs City Council as the City of Palm Desert's Representative to the Palm Springs International Airport Commission for a three-year term, July 1, 2012, through June 30, 2015. F-IT41 Me, D. REQUEST FOR ACCEPTANCE OF LETTER OF RESIGNATION FROM PALM DESERT YOUTH COMMITTEE MEMBER TYLER NEWCOMB AND APPOINT JESSICA KOZLAK TO THE VACANCY ON THE COMMITTEE. Rec: By Minute Motion: 1) Accept the letter of resignation from Palm Desert Youth Committee Member Tyler Newcomb with very sincere regret; 2) appoint Jessica Kozlak to the Palm Desert Youth Committee to fill the aforementioned vacancy (term December 31, 2012). 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 September 27, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 50, 51, 54, 57, 58, 60, 61, 63, 64, 67, 68, 69, and 72. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#712) by Malaquias Ramos in an Unspecified Amount. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2012 Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mario's Italian Cafe VII, Inc., 73-155 Highway 111, Palm Desert. Rec: Receive and file. E. ART IN PUBLIC PLACES COMMISSION MINUTES for the Meeting of July 18, 2012. Rec: Receive and file. F. REQUEST FOR AUTHORIZATION to Destroy and Dispose of All Remaining Obsolete Blank Checks for the Desert Willow Golf Resort and Palm Desert Recreational Facilities Corporation Checking Accounts. Rec: By Minute Motion, direct staff to destroy and dispose of the remaining obsolete blank checks for the Desert Willow Golf Resort and the Palm Desert Recreational Facilities Corporation checking accounts. G. REQUEST FOR AUTHORIZATION to Solicit Bids for the Civic Center Sheriff's Substation HVAC Upgrades (Contract No. C32000A, Project No. 763-11). Rec: By Minute Motion: 1) Authorize staff to solicit bids for the Civic Center Sheriffs Substation HVAC Upgrades; 2) declare existing HVAC equipment as surplus and authorize its disposal - funds for the Civic Center Sheriffs Substation HVAC Upgrades are available in Account No. 450-4161-415-4001. H. REQUEST FOR APPROVAL of Lease Agreement Between the City of Palm Desert and The Altum Group to Lease Suite No. 210 of the Parkview Professional Office Complex, 73-710 Fred Waring Drive. Rec: By Minute Motion, approve Lease Agreement Between the City of Palm Desert and The Altum Group for Suite No. 210 of the Parkview Professional Office Complex and authorize the Mayor to execute same. REQUEST FOR ACCEPTANCE OF BID for Printing of the 2013 City Calendar (Contract No. C32300). In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2012 Rec: By Minute Motion: 1) Accept the bid from Pride Industries, Roseville, California, for printing of the City's Annual Calendar - 2013 in the amount of $15,165.63: 2) authorize the Mayor to execute same - funds are available in the 2012-2013 Marketing Budget, Account No. 110-4417-414-3091. J. REQUEST FOR APPROVAL of a Purchase Order in an Amount Not to Exceed $1,000 for the Relocation of a Boulder at the Palm Springs Art Museum -Palm Desert and Appropriation of $25,060 for Project Costs Above the City Manager's Authorized Approval (Project No. 872-12). Rec: By Minute Motion: 1) Approve a Purchase Order payable to Palm Springs Art Museum in an amount not to exceed $1,000 to relocate a boulder as part of the Palm Springs Art Museum -Palm Desert Improvements Project (Project No. 872-12); 2) receive estimated revenue to the General Fund from the Palm Springs Art Museum in the amount of $19,060 that will be held in a Trust Account and utilized to defray costs associated with Contract No. C31880 upon project completion; 3) transfer $15,000 from contingency to base for Contract No. C31880 with Zeus Construction, Palm Desert, California, in the amount of $169,060, which is $4,060 in excess of the City Manager's approval; 4) appropriate $25,060 from the Unobligated General Fund for Project No. 872-12, Palm Springs Art Museum -Palm Desert Improvements, and transfer to Account No. 110-4800-454-3885 for this purpose. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R30570A - Neighborhood Stabilization Program (NSP) Home Rehabilitation Project Located at 74-131 El Cortez Way (Mostar Construction, Fontana, CA) (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R30570B - Neighborhood Stabilization Program (NSP) Home Rehabilitation Project Located at 77-115 Florida Avenue (AA Max Quality Construction, Indio, 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2012 CA) (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31720 - Replacement and Modification of the Kitchen Air Conditioning at Desert Willow Golf Resort (Quality Mechanical Professionals, Inc., El Cajon, 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. N. REQUEST FOR ADOPTION of Statutory Exemption and Filing of Notice of Exemption for the Section 29 Retention Basin Repair Project. Rec: By Minute Motion, adopt the Statutory Exemption for the Section 29 Retention Basin Repair Project and authorize the Director of Public Works to execute and file the Notice of Exemption with the Riverside County Clerk. O. REQUEST FOR APPROVAL of a Complete Street Closure on El Paseo Between Highway 74 and Ocotillo Drive and to Permit Consumption of Alcoholic Beverages on City Property at a Special Event to Benefit the "Behind A Miracle" Fund-raiser - November 17, 2012. Rec: By Minute Motion, approve a permit to temporarily close streets and sidewalks owned by the City on El Paseo, located between Highway 74 and Ocotillo Drive, and to allow the consumption of alcoholic beverages within this area for the "Behind A Miracle" Fund-raiser on November 17, 2012. P. REQUEST FOR APPROVAL of the 1st Annual Martha's Village Thanksgiving Day 5K RunWalk on November 22, 2012, Including Closure of Public Streets. Rec: By Minute Motion, approve the 1st Annual Martha's Village Thanksgiving Day 5K Run/Walk, including closure of El Paseo, subject to approval of the Public Works Department. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS C^'. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2012 None XIII. ORDINANCES A. For Introduction: IR•1A B. For Adoption- 1. URGENCY ORDINANCE NO. 1250 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.16.090 OF THE PALM DESERT MUNICIPAL CODE - TRAFFIC REGULATIONS AND ENFORCEMENT. Rec: Waive further reading and adopt the Urgency Ordinance by four-fitths vote. Action: XIV. NEW BUSINESS A. CONSIDERATION OF REQUEST, AUTHORIZING THE CITY MANAGER TO GRANT EXCEPTIONS TO PALM DESERT MUNICIPAL CODE SECTION 25.64.040 - USES PERMITTED SUBJECT TO TEMPORARY USE PERMIT - FOR VARIOUS PRIVATE EVENTS HELD AT THE PALM SPRINGS ART MUSEUM IN PALM DESERT (THE GALEN) FOR A PERIOD OF FIVE YEARS. Rec: By Minute Motion, approve for a period of five years: 1)Authorization for the City Manager to execute on behalf of the property owner Temporary Use Permit (TUP) Applications for events held by the Palm Springs Art Museum in Palm Desert (The Galen); 2) an exception to Palm Desert Municipal Code Section 25.64.040 - Uses Permitted Subject to Temporary Use Permit - permitting the Palm Springs Art Museum in Palm Desert (The Galen) located at 72-567 Highway 111, to have more than 10 special events per year that require TUP's. B. CONSIDERATION OF DRAFT DESIGN GUIDELINES FOR THE EL PASEO SHOPPING DISTRICT AND DIRECT STAFF TO SOLICIT INPUT FROM THE BOARD OF THE EL PASEO BUSINESS IMPROVEMENT DISTRICT BEFORE PREPARING FINAL GUIDELINES. VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2012 Rec: By Minute Motion, receive and file draft guidelines, directing staff to return for City Council action after obtaining a recommendation from the Board of the El Paseo Business Improvement District. F-IT41 Me, C. REQUEST FOR APPROVAL OF SILENT DOWN PAYMENT ASSISTANCE LOANS FROM THE PROGRAM INCOME OF THE BUILDING EQUITY GROWTH IN NEIGHBORHOOD GRANT (BEGIN) AND HOUSING MITIGATION FUND IN AMOUNTS NECESSARY TO SECURE AN AFFORDABLE HOUSING COST, NOT TO EXCEED A TOTAL OF $35,000, ASSOCIATED WITH A DIRECT SALE IN DESERT ROSE (APN 634-061-036). Rec: By Minute Motion: 1) Approve Silent Down Payment Assistance Loans from the Program Income of the Building Equity and Growth in Neighborhood Grant (BEGIN) not to exceed a maximum of $30,000 and from the Housing Mitigation Fund not to exceed $5,000 in order to secure an affordable housing cost, pursuant to California Health and Safety Code Section 50052.5 for the direct sale of APN 634-061-036 in Desert Rose; 2) approve the Affordable Housing Restriction and Lien Agreement ("AHRLA") in favor of the City of Palm Desert ("City"), substantially as to form, and authorize the Mayor to execute same; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction; 4) authorize the City Manager or his designee to execute and finalize any documents necessary to effectuate the actions taken herewith - funds are available in the BEGIN Fund, Account No. 214-4494-464- 3901, and Housing Mitigation Fund, Account No. 214-4490-466- 3901. D. REQUEST FOR APPROVAL OF A SILENT DOWN PAYMENT ASSISTANCE LOAN FROM THE PROGRAM INCOME OF THE BUILDING EQUITY GROWTH IN NEIGHBORHOOD GRANT (BEGIN) IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE HOUSING COST, NOT TO EXCEED $10,000, ASSOCIATED WITH A DIRECT SALE IN DESERT ROSE (APN 634-062-013). 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2012 Rec: By Minute Motion: 1) Approve a Silent Down Payment Assistance Loan from the Program Income of the Building Equity and Growth in Neighborhood Grant (BEGIN) in an amount necessary to secure an affordable housing cost, not to exceed $10,000, pursuant to California Health and Safety Code Section 50052.5, as amended from time to time, for the direct sale of APN 634-062-013 in Desert Rose; 2) approve the Affordable Housing Restriction and Lien Agreement ("AHRLA") in favor of the City of Palm Desert ("City"), substantially as to form, and authorize the Mayor to execute same; 3) authorize the Director of Finance to draw monies from the relative fund to facilitate the transaction; 4) authorize the City Manager or his designee to execute and finalize any documents necessary to effectuate the actions taken herewith - funds are available in the BEGIN Fund, Account No. 214-4494-464-3901. Action: XV. CONTINUED BUSINESS A. REQUEST FOR DIRECTION RELATED TO A -FRAME AND PEDESTAL SIGNS (Continued from the meetings of August 23, and September 27, 2012). Rec: By Minute Motion, direct staff to modify Palm Desert Municipal Code Section 25.68.080(G) - Pedestrian -oriented Signs. B. REQUEST FOR DIRECTION TO STAFF ON THE ADMINISTRATION OF CITY COUNCILMEMBER BENEFITS (Continued from the meetings of August 23 and September 27, 2012). Rec: 1) Consider information to be provided by City Attorney. 2) By Minute Motion, direct staff on the administration of City Councilmember Benefits. C. REQUEST FOR APPROVAL OF SOLID WASTE AND RECYCLE ROUTE CHANGE FOR PALM DESERT RESORTER, PALM VALLEY COUNTRY CLUB, AND DESIGNATED RESIDENTIAL AREAS (Continued from the meetings of September 13 and September 27, 2012). Rec: By Minute Motion, approve the route change for Palm Desert Resorter and Palm Valley Country Club from Thursday to Monday POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2012 service day and designated residential areas south of Highway 111 to north of Grapevine and east of Highway 74 to west of Cook Street from Monday to Thursday service day. F-ITAMe , XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO TERRA NOVA PLANNING & RESEARCH, INC., IN THE AMOUNT OF $45,360 FOR UPDATE OF BOTH THE CITY'S 2014-2021 HOUSING ELEMENT AND THE LAND USE ELEMENT OF THE PALM DESERT GENERAL PLAN AS RQUIRED BY THE STATE OF CALIFORNIA (CONTRACT NO. C32130). Rec: By Minute Motion: 1) Award the subject contract, subject to such minor technical changes as the City Attorney may deem necessary, to Terra Nova Planning & Research, Inc., Palm Desert, California, in the amount of $45,360 for update of both the City's 2014-2021 Housing Element and the Land Use Element of the Palm Desert General Plan; 2) authorize the Mayor to execute same - funds were approved in the FY 2012-2013 Budget under Professional Services, Account No. 400-4470-412-3090. Action: XVII. PUBLIC HEARINGS A. CONSIDERATION OF MODIFICATIONS TO THE PRIOR APPROVALS FOR VILLA PORTOFINO (SOUTHWEST CORNER OF PORTOLA AVENUE AND COUNTRY CLUB DRIVE) INCLUDING: A CONDITIONAL 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2012 CERTIFIATE OF COMPLIANCE TO CONFIRM THE PRIOR SUBDIVISION OF A PORTION OF THE PROPERTY; A TENTATIVE TRACT MAP; A MODIFIED PRECISE PLAN; AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT; AND ARCHITECTURAL ELEVATIONS FOR 72 NEW CONDOMINIUM / VILLA UNITS ON LOT NO. 5 OF THE PROPOSED MAP, Case Nos. DA 11-516, PP 98-21 Amendment No. 2, and TTM 36404 (VP Builders, LLC/ Country Club Drive Investors, LLC, Applicants). Rec: Waive further reading and: 1) Pursuant to Section 25.37.050 of the Palm Desert Municipal Code, find that the Development Agreement is consistent with the General Plan as described in the findings of City Council Resolution No. 2012 - 67, and pass Ordinance No. 1251 to second reading, approving Development Agreement 11-516. 2) Adopt Resolution No. 2012 - 67, approving modifications to Precise Plan 98-21, a conditional Certificate of Compliance, Tentative Tract Map 36404, and architectural elevations for 72 new condominium/villa units, subject to attached conditions. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of September 17 - 28, 2012. Rec: Receive and file. B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY 1. Fire Department 2. Police Department 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 11, 2012 E. MAYOR AND MEMBERS OF THE CITY COUNCIL 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: October 16, 2012 2.00 p.m. Marketing Committee Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber October 17, 2012 9.00 p.m. Art In Public Places Commission Community Services Conference Room 3.00 p.m. Library Promotion Committee Administrative Conference Room October 23, 2012 10.00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12.00 p.m. Architectural Review Commission Community Services Conference Room October 11, 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 5th day of October, 2012. Rachelle D. Klassen, City Clerk 12