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Home My WebLink About2006-10-12 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 12, 2006 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite Nos. 210 & 212, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Wilson, Pesota & Fox Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION Action: V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENTS TO THE PALM DESERT YOUTH COMMITTEE. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 Rec: By Minute Motion, appoint Hunter Young and Donald Griffith to the Palm Desert Youth Committee (term 12/31/06). Action: VI. 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 28, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 63 and 66. Rec: C. CLAIM AGAINST THE CITY (#565) by Lu Cille Kelly in the Amount of $1,650,000. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. D. REQUEST FOR APPROVAL of Authorized Securities Broker for the City of Palm Desert (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, approve First Tennessee Bank as an authorized securities broker for the City of Palm Desert. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Got Business, Inc., for Paseo Palms Bar and Grill, 73-040 El Paseo, Palm Desert. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Santa Maria Foods, Inc., for Town Center Cafe, 44-491 Town Center Way, Suite A, Palm Desert. Rec: Receive and file. G. YOUTH COMMITTEE MINUTES for the Meeting of September 12, 2006. Rec: Receive and file. H. RESIGNATION of Nick Talboys - Youth Committee. Rec: Receive with very sincere regret. I. REQUEST FOR ADOPTION of Resolutions Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt: 1) Resolution No. 06-132 - May 2006 Records; 2) Resolution No. 06-133 - June 2006 Records; 3) Resolution No. 06-134 - July 2006 Records. J. REQUEST FOR DECLARATION of Surplus Property and Authorization for Appropriate Disposal - Desert Willow Miscellaneous Equipment. Rec: By Minute Motion, declare the items listed on the accompanying Staff Report's Exhibit "A" as surplus property and authorize disposal. K. REQUEST FOR APPROVAL of Agreement for Printing of the 2007 Community Calendar (Contract No. C25850). Rec: By Minute Motion, approve the subject agreement with Papillon Graphics, Palm Desert, California, in the amount of $25,656 - funds are available in Account No. 110-4417-414-3091. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 L. CONSIDERATION of a Request ofr Funding for the 2007 Easter Bowl Junior Tennis Tournament. Rec: By Minute Motion, concur with the Marketing Committee's recommendation to deny the subject request for a $25,000 sponsorship. M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C24670 - Landscaping Installation on Country Club Drive Medians from Tamarisk Row Drive to Harris Lane (Project No 933-04) (Pink, Inc., Palm Desert, 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 ACCEPTANCE OF WORK for Contract No. C19250A - Construction of the Corporation Yard Expansion (Project No. 715-00) (WDL Construction, Palm Desert, 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. O. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract No. 31860 (Palm Desert Terracina, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security for Tract No. 31860. P. REQUEST FOR APPROVAL of the Subdivision Map of Tract No. 31836 (Dahoon Investment Company, Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 06-135, approving the Subdivision Map of Tract No. 31836. Q. REQUEST FOR APPROVAL of Parcel Map No. 33736 (Palm Desert Associates, Applicant). 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 Rec: Waive further reading and adopt Resolution No. 06-136, approving the map of Parcel Map No. 33736. VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS A. RESOLUTION NO. 06-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, IN CONNECTION WITH THE PROPOSED SECTION 29 ASSESSMENT DISTRICT TO APPROVE THE FORM OF A JOINT FACILITIES AGREEMENT AND TO APPROVE THE FORM OF A DEPOSIT AND REIMBURSEMENT AGREEMENT. Rec: Waive further reading and adopt. Action: IX. ORDINANCES For Introduction: For Adoption: X. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT FOR CONSTRUCTION OF LANDSCAPE IMPROVEMENTS IN THE PORTOLA AVENUE MEDIAN BETWEEN FAIRWAY DRIVE AND CHICORY STREET (CONTRACT NO. C25020B, PROJECT NO. 926-06). Rec: By Minute Motion, authorize the City Manager to award the subject contract to the lowest responsive bidder in an amount not to exceed $80,000 and to execute same - funds are available in Account No. 400-4614-433-4001. Action: B. REQUEST FOR AWARD OF CONTRACT FOR PHASE 1 SEWER IMPROVEMENTS FOR ASSESSMENT DISTRICT 29, NO. 2004-02 (CONTRACT NO. C25570). 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 Rec: By Minute Motion, award the subject contract to Jones Bros. Construction, Coachella, California, in the amount of $634,200, authorize a 10% contingency for the project and the Mayor to excecute said contract, subject to Coachella Valley Water District's approval of the Joint Facilities Agreement for the Section 29 Assessment District - funds are available in Account No. 469-4350- 433-4001. Action: C. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE COUNTRY CLUB DRIVE PAVEMENT REHABILITATION IMPROVEMENTS FROM COOK STREET TO ELDORADO DRIVE (CONTRACT NO. C25730, PROJECT NO. 646-06). Rec: By Minute Motion: 1) Award the subject contract to Matich Corporation, San Bernardino, in the amount of $566,566 and authorize the Mayor to execute same; 2) approve a 10% contingency for the project in the amount of $56,656 - funds are available in Account No. 110-4311-433-3320. Action: D. REQUEST FOR EXTENSION OF CONTRACT FOR ON-CALL CITYWIDE TRAFFIC SIGNAL SUPPORT SERVICES (CONTRACT NO. C24881). Rec: By Minute Motion, approve extension of the subject contract to Republic ITS (fomerly Republic Electric), Anaheim, California, for Fiscal year 2006/07 in an amount not to exceed $80,000 and authorize the Mayor to execute same - funds are available in Account No. 110-4250-433-3325. Action: E. REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS FOR LANDSCAPE MAINTENANCE AREA NO. 6 AND EXTEND ITS EXISTING CONTRACT. Rec: By Minute Motion: 1) Reject all bids received for Landscape Maintenance Area No. 6 (Contract No. C25740); 2) authorize the City Manager to extend the existing Landscpe Maintenance Area No. 6 contract with Vintage Associates, Bermuda Dunes, Calfiornia, on a month-to-month basis for up to six months; 3) authorize a 5% monthly price increase for Contract No. C23630; 4) direct staff to pursue professional horticultural service for Landscape Maintenance Area No. 6 through the Request for Qualifications 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 (RFQ) process - funds are available in Account No. 241-4l95-495- 3320. Action: F. REQUEST FOR EXTENSION OF PROFESSIONAL SERVICES CONTRACT FOR WEBSITE CONSULTING - SEPTEMBER 2006 THROUGH JUNE 2007 (CONTRACT NO. C23181) Rec: by Minute Motion, approve the subject contract extension with Kimberly Corak, Website Consultant, Tempe, Arizona, in an amount not to exceed $55,000. Action: G. CONSIDERATION OF A REQUEST FOR FUNDING FOR THE DA VINCI EXPERIENCE EXHIBITION AT THE PALM SPRINGS AIR MUSEUM. Rec: By Minute Motion, concur with the recommendation of the Marketing Committee and deny the subject sponsorship request in the amount of $60,000. Action: H. CONSIDERATION OF A REQUEST FOR SUPPORT OF A CALIFORNIA WELCOME CENTER LOCATED IN BANNING. Rec: By Minute Motion, concur with the Marketing Committee's recommendation to support the placement of a new California Welcome Center in Banning. Action: XI. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF FIRST AMENDMENT TO THE SOLID WASTE FRANCHISE AGREEMENT RELATIVE TO THE ASSIGNMENT FROM WASTE MANAGEMENT OF THE DESERT TO BURRTEC WASTE INDUSTRIES (CONTRACT NO. C17230A) (Continued from the meeting of September 28, 2006). Rec: By Minute Motion, approve the First Amendment to the Solid Waste Franchise Agreement, contingent upon approval of the items listed in Finding Nos. 6 and 7 of the Review of Proposed Assignment of Solid Waste Agreement Report prepared by Hilton, Farnkopf & Hobson, LLC, dated April 17, 2006. 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 Action: XII. OLD BUSINESS A. CONSIDERATION OF INCORPORATING AN ADDITIONAL ELEMENT IN HEATH SATOW'S ENTRANCE SIGN/SCULPTURE AT THE SOUTHEAST CORNER OF MONTEREY AVENUE AND DINAH SHORE DRIVE. Rec: By Minute Motion, direct staff on how to proceed with this matter. Action: XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR SECTION 29 MASTER PLAN OF INFRASTRUCTURE, ASSESSMENT DISTRICT NO. 2004-02 (City of Palm Desert, Applicant) (Continued from the meeting of September 28, 2006). Rec: Waive further reading and adopt Resolution No. 06-138 in connection with the proposed formation of the City of Palm Desert Section 29 Assessment District, making environmental findings and adopting a Mitigated Negative Declaration. Action: B. CONSIDERATION OF THE VACATION OF INTERIOR STREETS WITHIN RILINGTON COMMUNITIES' DOLCE PROJECT, TRACT NO. 31071 (Rilington Communities, Applicant). Rec: Waive further reading and adopt Resolution No. 06-139, vacating the interior public streets within Rilington Communities' Dolce Project, Tract No. 31071. Action: XIV. REPORTS AND REMARKS A. CITY MANAGER A. Consideration of Request for Financial Assistance - East Valley Memorials Foundation. B. Rec: By Minute Motion, refer to the Outside Agency Funding Committee for recommendation. 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: o City Council Comments: XV. ORAL COMMUNICATIONS - B XVI. ADJOURNMENT FUTURE MEETINGS: October 16, 2006 3:00 p.m. Citizens’Adv. Cmte.-Proj. Area #4 Administrative Conference Room October 17, 2006 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber October 18, 2006 9:00 a.m. Art In Public Places Commission Visitor Center – 72567 Highway 111 3:00 p.m. Library Promotion Committee Administrative Conference Room October 19, 2006 3:00 p.m. Sister Cities Committee Administrative Conference Room October 24, 2006 10:00 a.m. Audit, Investment & Finance Cmte. 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2006 North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conf. Room October 26, 2006 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 this 6th day of October, 2006. Rachelle D. Klassen, City Clerk 10