POSTED AGENDA - ADJOURNED REGULAR - PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 18, 2010 CIVIC CENTER COUNCIL CHAMBER

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1 - - PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 18, 2010 CIVIC CENTER COUNCIL CHAMBER FRED WARING DRIVE, PALM DESERT, CA I. CALL TO ORDER - 3:00 P.M. II. III. 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 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 : 1) Property: APN Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Barracuda, LLC Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section (a): a) PDCC Development LLC, Petition for Bankruptcy, United States Bankruptcy Court, Central District of California

2 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section (b): Number of potential cases: 2 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. VI. VII. VIII. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tem Jim Ferguson INVOCATION - Councilman Robert A. Spiegel 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., Fred Waring Drive, Palm Desert, CA 92260, telephone (760) IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO THE CITY COUNCIL BY THE LINCOLN ELEMENTARY AND PALM DESERT CHARTER MIDDLE SCHOOLS AFTER SCHOOL PROGRAMS. 2

3 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 October 28, 2010, and November 11, Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 96, 100, 101, 104, 105, 109, and 110. Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Augusta, to El Paseo, Palm Desert. Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Buffalo Wild Wings, Highway 111, Palm Desert. Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sense, Highway 111, Palm Desert. Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of July 20, Parks & Recreation Commission Meeting of October 5, Receive and file. 3

4 G. REQUEST FOR AUTHORIZATION to Amend the City s Flexible Spending Plan to Cover Employee Health Insurance Premiums up to the Blue Shield HMO Plan. By Minute Motion, authorize the City Manager to amend Schedule B of the City s IRS Section 125 Flexible Benefits Plan (Cafeteria Plan), providing premium conversion up to the Blue Shield HMO Rate for 2011 and future years. H. REQUEST FOR APPROVAL of a One-year Lease Agreement Between the Desert Willow Golf Resort and Cintas Corporation in the Amount of $41, to Provide Uniform Services for the Clubhouse and Maintenance Staff (Contract No. C30330). By Minute Motion, approve the subject Lease Agreement for Uniform Services with Cintas Corporation, Ontario, California, in the amount of $41, (includes tax) funds are available in Golf Course Expenses Account No I. REQUEST FOR APPROVAL of Amendment No. 3 to the Memorandum of Understanding (MOU) Between the County of Riverside and the City of Palm Desert for Animal Control Field Services (Contract No. C24202). By Minute Motion, approve Amendment No. 3 to the subject MOU between the Riverside County Department of Animal Services and the City of Palm Desert regarding provision of Animal Control Field Services, and authorize the Mayor to execute said Amendment. J. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C29540 Landscape Maintenance Area No. 16 Adding Additional Maintenance Services in the Amount of $8,750 (Project No ). By Minute Motion, approve Amendment No. 1 in the amount of $8,750 to the subject contract with Vintage Associates, Inc., Bermuda Dunes, California, for Landscape Maintenance Area No. 16 funds are available in General Fund Account No Repair/Maintenance Landscaping Services. 4

5 K. REQUEST FOR AUTHORIZATION for Conveyance to the City the Southerly 27.0-foot Portions of San Antonio Circle and of Vacant Lot 98 of Palma Village Unit No. 7 (APN ) for the Alessandro Alley Improvement Project Right-of-Way (Joint Consideration with the Palm Desert Redevelopment Agency). By Minute Motion, authorize: 1) Mayor to execute Certificates of Acceptance for Grant Deeds conveying the southerly 27.0-foot portions of San Antonio Circle and of vacant Lot 98 of Palma Village Unit No. 7 (APN ) for the Alessandro Alley Improvement Project Right-of-Way; 2) Chairman to execute Grant Deeds conveying the southerly 27.0-foot portions of San Antonio Circle and of vacant Lot 98 of Palma Village Unit No. 7 (APN ) for the Alessandro Alley Improvement Project Right-of-Way; 3) staff to reimburse the Agency using Housing Setaside Funds for the remainder portion of San Antonio Circle if it is determined that the property qualifies as low/moderate affordable housing. L. REQUEST FOR AUTHORIZATION for Conveyance to the Redevelopment Agency of the Remainder Portions, Excepting the Southerly 27.0-foot Portions Retained for the Alessandro Alley Improvement Project Right-of- Way, of San Antonio Circle, San Antonio Circle, San Clemente Circle, San Clemente Circle, Vacant Lot 108 of Palma Village Unit No. 7 (APN ), and Vacant Lot 89 of Palma Village Unit No. 7 (APN ) (Joint Consideration with the Palm Desert Redevelopment Agency). By Minute Motion, authorize: 1) Mayor to execute Grant Deeds conveying to the Redevelopment Agency the remainder portions, excepting the southerly 27.0-foot portions retained for the Alessandro Alley Improvement Project Right-of-Way, of San Antonio Circle, San Antonio Circle, San Clemente Circle, San Clemente Circle, vacant Lot 108 of Palma Village Unit No. 7 (APN ) and vacant Lot 89 of Palma Village Unit No. 7 (APN ); 2) Chairman to execute Certificates of Acceptance for Grant Deeds conveying to the Redevelopment Agency the remainder portions, excepting the southerly 27.0-foot portions retained for the Alessandro Alley Improvement Project Right-of-Way, of San Antonio Circle, San Antonio Circle, San Clemente Circle, San Clemente Circle, vacant Lot 108 of Palma Village Unit No. 7 (APN ) and vacant Lot 89 of Palma Village Unit No. 7 (APN ). 5

6 M. REQUEST FOR AUTHORIZATION to Release Security for Parcel 1 of Parcel Map No (Continental Design Build and Affiliates, Applicant). By Minute Motion, authorize release of the security for Parcel 1 of Parcel Map No N. REQUEST FOR AUTHORIZATION to Release Maintenance Security for Tract No (Brava Development Group, LLC, Applicant). By Minute Motion, authorize release of the Maintenance Security for Tract No (Brava). O. REQUEST FOR AUTHORIZATION to Release Maintenance Security for Pointe Monterey II Precise Plan No. PP (Pacific Pointe Partners, Inc., Applicant). By Minute Motion, authorize release of the Maintenance Security for Pointe Monterey II (PP 06-02). P. REQUEST FOR AUTHORIZATION to Release Maintenance Security for the Colonnade - Precise Plan No (Desert El Paseo, LP / Harkham Family Enterprises, LP, Applicants). By Minute Motion, authorize release of the Maintenance Security for the Colonnade (PP 07-08). Q. CONSIDERATION of $2,000 Funding Request from the Joslyn Center for Maintenance of the Center s Lawn Bowling Green. By Minute Motion, approve a $2,000 donation to the Joslyn Center for Maintenance of its Lawn Bowling Green funds are available in the Parks Division Budget. R. REQUEST FOR AUTHORIZATION to Reject all Bid Proposals Received for the Desert Willow Golf Cart Onboard Global Positioning System (GPS). By Minute Motion, authorize: 1) Rejection of all bid proposals received for the lease of a Golf Cart Onboard GPS for use at the Desert Willow Golf Resort; 2) a new Request for Proposals (RFP) Process for the GPS (Contract No. C30340). 6

7 S. REQUEST FOR AUTHORIZATION to Reject All Bid Proposals Received for the Desert Willow Irrigation Supplies Solicitation. By Minute Motion, authorize: 1) Rejection of all bid proposals received for irrigation supplies to be used at the Desert Willow Golf Resort; 2) a new Request for Proposals (RFP) process for the irrigation supplies (Contract No. C30350). T. INFORMATIONAL REPORT Pertaining to Illegal Pad Heights and Condition of a Garden Block Wall at the Villa Portofino Development. Receive and file. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NOS AND , AND AUTHORIZING THE APPLICATION FOR A CITY COMMERCIAL CARD, AND THE SIGNATURES THEREOF. Waive further reading and adopt. XIII. ORDINANCES For Introduction: None For Adoption: None 7

8 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE LEASE AGREEMENT BETWEEN THE DESERT WILLOW GOLF RESORT AND TURF STAR IN THE AMOUNT OF $86, FOR A TERM OF 48 MONTHS FOR EIGHT (8) WALKING GREENS MOWERS AND ONE (1) PIECE GOLF LIFT EQUIPMENT (CONTRACT NO. C30360). By Minute Motion, approve the subject Lease Agreement with Turf Star for walking greens mowers and lift equipment for the Desert Willow Golf Resort in the amount of $86, (includes tax and interest) funds are available in Golf Course Expenses Account No B. REQUEST FOR AWARD OF CONTRACT FOR THE DESERT WILLOW GOLF RESORT LAKEVIEW TERRACE EXPANSION PATIO FURNITURE TO DAVID MOORE & CO. IN AN AMOUNT NOT TO EXCEED $73, (CONTRACT NO. R29420B) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). By Minute Motion: 1) Award the subject contract to David Moore & Co., Rancho Mirage, California, in an amount not to exceed $73, for the Lakeview Terrace Patio Furniture at Desert Willow Golf Resort; 2) authorize the Mayor to execute said agreement funds are available in the Desert Willow Golf Course Maintenance Fund, Account No C. REQUEST FOR AWARD OF CONTRACT FOR DESERT WILLOW GOLF RESORT BANQUET FURNITURE IN AN AMOUNT NOT TO EXCEED $48, TO RW SMITH & CO. (CONTRACT NO. R29420C) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). By Minute Motion: 1) Waive minor bid irregularity for RW Smith & Co. not affecting the bid process; 2) award the subject contract in an amount not to exceed $48, to RW Smith & Co., San Diego, California; 3) authorize the Mayor to execute said contract funds are available in Desert Willow Golf Course Maintenance Fund Account No

9 D. REQUEST FOR AWARD OF CONTRACT FOR THE DESERT WILLOW GOLF RESORT BAR FURNITURE TO THE LOWEST RESPONSIVE BIDDER (CONTRACT NO. R29450E) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). By Minute Motion: 1) Award the subject contract to the lowest responsive bidder in an amount not to exceed ($Verbal recommendation to be provided) for the bar furniture at Desert Willow Golf Resort; 2) authorize the Mayor to execute said contract funds are available in the Desert Willow Golf Course Maintenance Fund Account No E. REQUEST FOR APPROVAL OF DESIGN PROPOSAL COLONNADE FIRE FEATURES BY JEREMY GROZNIK AS THE PUBLIC ART COMPONENT FOR COLONNADE LOCATED AT EL PASEO, PALM DESERT (Jack Corrigan, A & H Management, Applicant). By Minute Motion, approve proposed artwork Colonnade Fire Features by Jeremy Groznik as the public art component for Colonnade located at El Paseo, Palm Desert. F. REQUEST FOR APPROVAL OF DESIGN PROPOSAL WILLOW BY STEVEN RIEMAN FOR THE WESTIN DESERT WILLOW VILLAS PUBLIC ART COMPONENT LOCATED AT 75 WILLOW RIDGE, PALM DESERT (WVC Rancho Mirage Inc., Applicant). By Minute Motion, approve proposed artwork Willow by Steven Rieman as the public art component for the Westin Desert Willow Villas located at 75 Willow Ridge, Palm Desert. G. CONSIDERATION OF RECOMMENDATION BY THE PARKS & RECREATION COMMISSION TO COMPLETE A FEASIBILITY STUDY AND CONCEPTUAL DESIGN FOR AN EXPANSION OF THE CIVIC CENTER SKATE PARK. By Minute Motion, defer the recommendation to complete a feasibility study and conceptual design for an expansion of the Civic Center Skate Park to the budget process for Fiscal Year

10 H. REQUEST FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITIES OF PALM DESERT, INDIAN WELLS, LA QUINTA, COACHELLA, INDIO, CATHEDRAL CITY, DESERT HOT SPRINGS, PALM SPRINGS, AND RANCHO MIRAGE; AND THE DESERT SANDS AND PALM SPRINGS UNIFIED SCHOOL DISTRICTS; RIVERSIDE COUNTY DEPARTMENT OF PUBLIC HEALTH; AND THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS RELATED TO THE SCHOOLS BY DESIGN PROJECT (CONTRACT NOS. C30370A&B). By Minute Motion, authorize the Mayor to execute a MOU between the Cities of Palm Desert, Indian Wells, La Quinta, Indio, Coachella, Cathedral City, Desert Hot Springs, Palm Springs, and Rancho Mirage; the Desert Sands and Palm Springs Unified School Districts; Riverside County Department of Public Health; and the Coachella Valley Association of Governments related to the Schools By Design Project. I. REQUEST FOR APPROVAL OF NEW MONUMENT SIGN LOCATED IN THE PUBLIC RIGHT-OF-WAY ON MONTEREY AVENUE/HIGHWAY 74 FOR THE THIRD CORNER BISTRO RESTAURANT Case No. SA (Third Corner Bistro / Ed Moore, Applicant). By Minute Motion, approve the location of a new monument sign within the public right-of-way located on Monterey Avenue/ Highway 74, with a minimum 15-foot setback from the street. J. CONSIDERATION OF A RECOMMENDATION TO CLOSE THE HIGHWAY 111 PALM DESERT POLICE DEPARTMENT SUBSTATION. By Minute Motion, approve staff s recommendation to close the Palm Desert Police Department Substation at Highway 111/ Monterey Avenue. 10

11 K. REQUEST FOR AWARD OF CONTRACT FOR THE SECTION 29 ASSESSMENT DISTRICT RETENTION BASIN CONCRETE ACCESS RAMP TO TED ENTERPRISES, INC., IN THE AMOUNT OF $28,240 (CONTRACT NO. C25570B, PROJECT NO ). By Minute Motion: 1) Award subject contract for the Section 29 Assessment District Retention Basin Concrete Access Ramp to Ted Enterprises, Inc., San Clemente, California, in the amount of $28,240; 2) approve a 10% contingency in the amount of $2,824 for the project; 3) authorize the Mayor to execute said contract funding for this project is available in Fund 469, Account No , Section 29 Assessment District XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 6 TO CONTRACT NO. C22300 WITH HARRIS & ASSOCIATES TO REVISE THE SCOPE OF WORK FOR ENGINEERING DESIGN SERVICES FOR THE COOK STREET WIDENING PROJECT (PROJECT NO ). By Minute Motion: 1) Approve Amendment No. 6 in the amount of $31,380 to the subject contract with Harris & Associates, Concord, California, to revise the scope of work for engineering design services for the Cook Street Widening Project; 2) authorize the Mayor to execute said Amendment funds are available in Account Nos Measure A and Drainage no General Fund money is being used for this action. 11

12 B. REQUEST FOR AWARD OF CONTRACT FOR THE DESERT WILLOW GOLF RESORT KITCHEN EQUIPMENT PROJECT TO KAMRAN AND COMPANY, INC., IN AN AMOUNT NOT TO EXCEED $169, (CONTRACT NO. R29450D) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). By Minute Motion: 1) Award the subject contract to Kamran and Company, Inc., Santa Barbara, California, in an amount not to exceed $169, for the Kitchen Equipment at Desert Willow Golf Resort; 2) authorize the Mayor to execute said contract; 3) appropriate $231,000 for non-fixed furniture, fixtures, and equipment associated with the Kitchen/Building Expansion to Desert Willow Golf Course Maintenance Fund 241 (Account No ) from Unobligated Golf Maintenance Fund 241. XVII. PUBLIC HEARINGS A. CONSIDERATION OF THE ANNUAL REPORT OF CALCULATION OF GOVERNMENT CODE DEVELOPMENT IMPACT FEES FOR THE CITY OF PALM DESERT (Continued from the meeting of October 28, 2010). 1) Receive public testimony on Annual Report and Findings. 2) Waive further reading and adopt Resolution No , making certain findings pursuant to California Government Code Sections and B. ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF THE PALM DESERT MUNICIPAL CODE TO ADOPT THE 2010 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, AND RELATED CODES WITH SELECTED APPENDICES AND AMENDMENTS. 1) Receive public testimony. 2) Waive further reading and adopt Ordinance No

13 C. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT, PROVIDING SIGNAGE STANDARDS FOR ILLUMINATED WINDOW SIGNAGE IN SECTION OF THE PALM DESERT MUNICIPAL CODE Case No. ZOA (City of Palm Desert, Applicant). Waive further reading and pass Ordinance No to second reading, providing new signage standards for illuminated window signs in Section of the Palm Desert Municipal Code. D. REQUEST FOR APPROVAL OF AN AMENDED ASSESSMENT FOR A PARCEL OF LAND IN THE CITY OF PALM DESERT SECTION 29 ASSESSMENT DISTRICT (NO ). Waive further reading and adopt Resolution No , confirming an Amended Assessment for a parcel of land in the Section 29 Assessment District (No ) and fix the amount of the fees and costs for such amendment. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Report on New Burrtec Dedicated Routes and Service Days for all Regular Municipal Waste Collection (Residential and Commercial). Oral report to be provided at the meeting. B. CITY ATTORNEY C. CITY CLERK 1. Reminder Observance of Thanksgiving Holiday on Thursday, November 25; Next Regular City Council and Redevelopment Agency Meetings to be held Thursday, December 9, 2010, at 3:00 p.m. 13

14 D. PUBLIC SAFETY o o Fire Department Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL o o o o City Council Requests for City Council Consideration of Travel Requests and Reports: City Council Committee Reports: City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: November 23, :00 a.m. Audit, Investment & Finance Cmte. North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room November 25, :00 p.m. Regular City Council/RDA Meetings -CANCELED- Thanksgiving Holiday November 30, :00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room December 6, :00 p.m. Youth Committee Administrative Conference Room December 7, :30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber December 8, :30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room December 9, :00 p.m. Regular City Council/RDA Meetings Civic Center Council Chamber I hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 12th day of November, Rachelle D. Klassen, City Clerk 14