POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 11, 2013 CIVIC CENTER COUNCIL CHAMBER

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1 REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 11, 2013 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, 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, or Housing Authority Boards. Because the Brown Act does not allow the City Council, Successor 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, or Housing Authority meeting. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section : 1) Property: Portola Avenue (APN ), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/City of Palm Desert Property Owner: Josephine V. Gaudio Trust Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section (d)(2): Number of potential cases: 2 C. Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager

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 - Julien Bloch, Palm Desert Youth Committee Chair INVOCATION - Mayor Pro Tem Jean M. Benson ORAL COMMUNICATIONS - 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. - 5:00 p.m., Fred Waring Drive, Palm Desert, CA 92260, telephone (760) IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE M. CONNOR LIMONT FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS PLANNING COMMISSION, B. PRESENTATION TO RECOGNIZE THE CITY OF RANCHO MIRAGE AND RANCHO MIRAGE PUBLIC LIBRARY, AND THE DESERT RECREATION DISTRICT FOR THEIR INVALUABLE SUPPORT DURING THE PALM DESERT PUBLIC LIBRARY REFRESH PROJECT

3 C. PRESENTATION OF PROCLAMATION DECLARING APRIL 2013 AS SEXUAL ASSAULT AWARENESS MONTH IN THE CITY OF PALM DESERT. D. PRESENTATION OF PROCLAMATION DECLARING MONDAY, APRIL 15, 2013, AS DESERT CANCER FOUNDATION DAY IN THE CITY OF PALM DESERT. E. PRESENTATION OF TREE CITY U.S.A. RECOGNITION TO THE CITY OF PALM DESERT BY CAL FIRE SOUTHERN REGION URBAN FORESTER. F. PRESENTATION ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY COMMITTEE CHAIR JULIEN BLOCH. 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 March 28, Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 188, 189, 194, and 195. Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of February 2013 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Receive and file. 3

4 D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Living Desert Gardens, Portola Avenue, Palm Desert. Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of February 20, Audit, Investment & Finance Committee Meeting of February 26, Citizens Sustainability Committee Meeting of August 8, Receive and file. F. LETTER OF RESIGNATION from Ron Gregory - Architectural Review Commission. Receive with very sincere regret. G. REQUEST FOR APPROVAL of the Second Annual 2013 Martha s Village & Kitchen Thanksgiving 5K Run/Walk Race and El Paseo Road Closure Between Ocotillo and Lantana. By Minute Motion, approve: 1) Thursday, November 28, 2013, date for the Second Annual Martha s Village & Kitchen 5K Race; 2)El Paseo Road Closure between Ocotillo and Lantana for the event no related fiscal impact. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None 4

5 B. For Adoption: 1. ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTERS 5.87, 5.90, 25.04, 25.10, AND OF THE PALM DESERT MUNICIPAL CODE REGARDING MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS. Waive further reading and adopt. XIV. NEW BUSINESS A. CONSIDERATION OF THE APPROVAL OF BEGINNING THE PROCESS OF FORMING A LANDSCAPE AND LIGHTING DISTRICT FOR HOMES LOCATED ON THE FAIRWAYS OF PALM DESERT COUNTRY CLUB (PD Golf Operations, LLC, d.b.a. Palm Desert Country Club, Applicant). By Minute Motion, direct staff to: 1) Begin the process of forming a Landscape and Lighting District (LLD) for homes located on the fairways of Palm Desert Country Club (PDCC); 2) prepare the LLD documents with a 55% approval threshold from the community vote; 3) conduct background checks on PD Golf Operations, LLC, d.b.a. Palm Desert Country Club, including all principals of the Limited Liability Corporation. B. REQUEST FOR DIRECTION TO STAFF CONCERNING ANNEXATION OF AREAS NORTH OF INTERSTATE 10. By Minute Motion, direct staff regarding further actions to take, if any, concerning potential annexation of areas north of Interstate 10. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None 5

6 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE PROPOSED SALE OF THE PROPERTIES LOCATED AT BLUEBERRY LANE (APN ) AND WILDFLOWER LANE (APN ), PALM DESERT, PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). 1) Housing Authority Board to conduct a public hearing and accept testimony on the proposed sale of the properties located at Blueberry Lane (APN ) and Wildflower Lane (APN ) to qualified households of low- or moderate-income. 2) Following public testimony, close the public hearing and request the Housing Authority Board to waive further reading and adopt Resolution No. HA - 52 approving sale of the subject properties pursuant to the attached draft Purchase and Sale Agreements at the calculated resale prices of $131,960 for Blueberry Lane and $107,587 for Wildflower Lane or the fair market value of the properties, whichever is less. By Minute Motion of the City Council and Authority Board: 3) Approve silent homebuyer assistance loans not to exceed 40% of the sales price for each home to ensure an affordable housing cost for a qualified low- or moderate-income household from any available funding source restricted for such purpose (BEGIN, Housing Mitigation, Agency/Housing Authority program income). 4) Authorize payment of transaction costs from the sale proceeds for the purpose of repairs required for closing, fees customary to real estate transactions in Riverside County, including escrow, title, FHA fees, inspections, vermin eradication, commissions, and disclosures. 5) Authorize use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, in their substantial form as attached to the staff report. 6) Authorize the Authority Chairman and/or Authority Executive Director or his designee to finalize and execute the Purchase and Sales Agreements and any ancillary documents necessary to effectuate the sale and actions taken herewith. 6

7 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of March 18-27, Receive and file. B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY 1. Fire Department 2. Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for a) Consideration of Proposed Amendments to the League of California Cities Bylaws. By Minute Motion, approve of the proposed Amendments and authorize the Mayor to sign and return the ballot accordingly. 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 7

8 FUTURE MEETINGS: April 16, :00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber April 17, :00 a.m. Art In Public Places Commission Community Services Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room April 23, :00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room April 25, :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 April, Rachelle D. Klassen, City Clerk 8