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Home My WebLink About2006-09-14 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 14, 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) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 203, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Germania Corporation Under Negotiation: x Price x Terms of Payment 2) Property: Right-of-Way Acquisition for Monterey Avenue/I-10 Interchange Modification (APNs 653-170-039/041/042) Negotiating Parties: Agency: Carlos L. Ortega/Mark D. Greenwood/ City of Palm Desert Property Owner: Newmark-Merrill/Prism Group Under Negotiation: x Price x Terms of Payment 3) Property: 73-300 Fred Waring Drive (Multi-Agency Library) Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Desert Community College District Under Negotiation: x Price x Terms of Payment 4) Property: APNs 628-130-008, 628-130-001 Negotiating Parties: Agency: Carlos L. Ortega/Phil Drell/City of Palm Desert Property Owner: David A. Nelson Under Negotiation: x Price x Terms of Payment POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 2006 5) Property: 8.26 acres, Gerald Ford Drive - between Cook Street & Frank Sinatra Drive Negotiating Parties: Agency: Carlos L. Ortega/Stephen Y. Aryan/ City of Palm Desert Property Owner: Brian M. Prock/Premier Business Properties Under Negotiation: x Price x Terms of Payment 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 None 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 August 24, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 35 and 39. Rec: Approve as presented. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 2006 C. CLAIM AGAINST THE CITY (#562) by Roberta Principe in the Amount of $19,581. Rec: By Minute Motion, reject the Claim, in anticipation of its being tendered to the Coachella Valley Water District, and direct the City Clerk to so notify the Claimant. D. CLAIMS AGAINST THE CITY (#s563A-B) by Wynn Jordan and Jeri Cies- Jordan, Each in an Unspecified Amount. Rec: By Minute Motion, reject the Claims, which are being tendered to the respective contractor in the matter, Granite Construction Company, and direct the City Clerk to so notify the Claimants. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by El Angel Restaurant Bar, 72-785 Highway 111, #B1, Palm Desert. Rec: Receive and file. F. AUDIT, INVESTMENT & FINANCE COMMITTEE Meeting Minutes for February 28, March 28, April 25, and May 23, 2006. Rec: Receive and file. G. REQUEST FOR RATIFICATION of City Manager's Approval for Additional Mold Testing at Fire Station No. 67 (Mesa View). Rec: By Minute Motion: 1) Ratify City Manager's approval for additional mold testing in the amount of $2,168.60 by Executive Environmental Services Corporation, South Pasadena, California, upon remediation efforts associated with the Tool Room at Fire Station No. 67; 2) appropriate $2,168.60 from the Unobligated Construction Tax Fund 231 for this purpose. H. REQUEST FOR RATIFICATION of City Manager's Authorization for Emergency Work to Investigate and Repair Sewer Line Failure at 73-255 Country Club Drive Rec: By Minute Motion, ratify the City Manager's authorization for the subject emergency work in the amount of $5,400 by Alms Underground Construction, Inc., Cathedral City, California. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 2006 I. REQUEST FOR RATIFICATION of City Manager's Authorization for the Development of a Parks and Recreation Business Plan (Contract No. C25770). Rec: By Minute Motion: 1) Ratify the City Manager's authorization of the subject contract with Greenplay LLC, Broomfield, Colorado, in the amount of $21,900 for the development of a pro forma plan to provide recreation services within the City of Palm Desert; 2) approve a 5% contingency for the services in the amount of $1,095 -- funds are available in Account No. 110-4610-453-3092. J. REQUEST FOR AWARD OF BID for the Purchase of One, 3/4-ton Cargo Van. Rec: By Minute Motion, award the subject purchase to Fairview Ford, San Bernardino, California, in the amount of $15,842.61 -- funds are available in Account No. 530-4195-415-4030. K. REQUEST FOR AWARD OF BID for the Purchase of Two, Solar-powered Message Boards. Rec: By Minute Motion: 1) Reject the bid from United Rentals, Ventura, California/National Signal-Sunray Street Machine as non- responsive; 2) award the purchase of the subject item to Tops N Barricades, Indio, California, in the total amount of $39,199.45 -- funds are available in Account No. 110-4310-433-4045. L. REQUEST FOR RATIFICATION of the City Manager's Authorization of Purchase Order No. 013174 for Portola Avenue Median Landscape Design (Project No. 926-06). Rec: By Minute Motion, ratify the City Manager's authorization of the subject purchase order in the amount of $12,565 with David Evans and Associates, Inc., Ontario, California -- funds are available in Account No. 400-4614-433-4001. M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C24360 -- Citywide Slurry Seal Program (Project No. 751-06) (American Asphalt South, Inc., Fontana, 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. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 2006 N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C24620 -- Parking Lot Rehabilitation at 72-990 Highway 111 and 45-480 Portola Avenue (Project No. 750-06) (International Pavement Solutions, San Bernardino, 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 of El Paseo Street Closure on Saturday, November 11, for the 2006 Art of Food & Wine. Rec: By Minute Motion, authorize the closure of El Paseo between Lupine and San Luis Rey on Saturday, November 11, 2006, from 4:00 a.m. to 4:00 p.m. for the subject event. P. REQUEST FOR APPROVAL of the Consumption of Alcoholic Beverages on City-owned Property at the 2006 Palm Desert Art of Food & Wine. Rec: By Minute Motion, permit the consumption of alcoholic beverages on City-owned property in connection with a special event, the Art of Food & Wine, scheduled to be held on Saturday, November 11, 2006. Q. REQUEST FOR RATIFICATION of the Purchase of Course Management Software System for the Desert Willow Golf Resort (Contract No. C25780). Rec: By Minute Motion: 1) Ratify the subject contract with GroundLinkx LLC, Littleton, Colorado, in an amount not to exceed $20,000; 2) appropriate $20,000 from Account No. 241-4195-495-8092 for this purpose. R. INFORMATIONAL REPORT on Pedestrian Barriers for Portola Avenue Bridge Over the Whitewater Channel. Rec: Receive and file. Action: VII. CONSENT ITEMS HELD OVER 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 2006 VIII. RESOLUTIONS A. RESOLUTION NO. 06-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE THE PUBLIC STREETS WITHIN RILINGTON COMMUNITIES' DOLCE PROJECT, TRACT NO. 31071, UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND FIXING A TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED VACATION (Rilington Communities, Applicant). Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 06-123 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE MAP OF PARCEL MAP NO. 33943 (Sunlite Development, Inc., Applicant). Rec: Waive further reading and adopt. Action: C. RESOLUTION NO. 06-124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE MAP OF PARCEL MAP NO. 34633 (Franklin Loan Center, Applicant). Rec: Waive further reading and adopt. Action: D. RESOLUTION NO. 06-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, IMPLEMENTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM INTO ITS EMERGENCY MANAGEMENT SYSTEM. Rec: Waive further reading and adopt. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 2006 IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1126A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MODIFYING SECTION 9.24.030 OF THE PALM DESERT MUNICIPAL CODE - NOISE CONTROL. Rec: Waive further reading and adopt. Action: B. ORDINANCE NO. 1127 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 3.28.020 OF THE CODE OF THE CITY OF PALM DESERT - TRANSIENT OCCUPANCY TAX. Rec: Waive further reading and adopt. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 2006 X. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE PURCHASE OF VARIOUS FURNISHINGS FOR THE PROPOSED REMODEL OF THE CONFERENCE ROOMS IN PUBLIC WORKS AND PLANNING DEPARTMENTS, CITY COUNCIL OFFICE AREA, AND THE NORTH WING, AND DECLARATION OF SURPLUS GOODS (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Authorize purchase order in the amount of $36,018.67 to Haworth, Inc., c/o Totalplan, Inc., Riverside, California -- funds in the amount of 50% ($18,009.34) are available in Account No. 110- 4159-415-4040 (City Funds), 25% ($9,004.67) is available in Account No. 850-4195-466-4040 (Redevelopment Funds), and 25% is available in Account No. 870-4195-466-4040 (Housing Funds). 2) Authorize purchase order in the amount of $59,712 to Paul Downs Cabinetmakers, Bridgeport, Pennsylvania -- funds in the amount of 50% ($29,856) are available in Account No. 110-4159- 415-4040 (City Funds), 25% ($14,928) is available in Account No. 850-4195-466-4040 (Redevelopment Funds), and 25% ($14,928) is available in Account No. 870-4195-466-4040 (Housing Funds). 3) Declare the existing furnishings, tables and chairs, in the North Wing and Planning Conference Rooms as surplus property and authorize staff to donate the items to the Joslyn Senior Center, a non-profit organization. Action: B. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 1 (CONTRACT NO. C25540, PROJECT NO. 901-06). Rec: By Minute Motion, award the subject contract to Hort Tech, Inc., Palm Desert, California, in the amount of $39,912 and authorize the Mayor to execute same -- funds are available in Account No. 110- 4614-453-3320. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 2006 C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 2 (CONTRACT NO. C25560, PROJECT NO. 902-06). Rec: By Minute Motion: 1) Reject the low bid from Greenscape Landscaping, Inc., Temecula, California, due to their lack of desert landscape maintenance experience; 2) award the subject contract to Sunflower Landscaping, Indio, California, in the amount of $90,000 and authorize the Mayor to execute same -- funds are available in Account No. 110-4614-453-3320. Action: D. REQUEST FOR APPROVAL OF THE CITY OF PALM DESERT - CALTRANS PROGRAM SUPPLEMENT AGREEMENT NO. 004-M FOR SURFACE TRANSPORTATION PROGRAM (STP) FUNDS FOR THE COUNTRY CLUB DRIVE PAVEMENT REHABILITATION IMPROVEMENTS FROM COOK STREET TO ELDORADO DRIVE (CONTRACT NO. C25730A, PROJECT NO. 646-06). Rec: By Minute Motion, approve Program Supplement Agreement No. 004-M between the City of Palm Desert and the State Department of Transportation (Caltrans), and authorize the City Manager to execute same -- Federal Funds received will reimburse expenditures advanced by the City from Account No. 110-4311-433-3320. Action: XI. CONTINUED BUSINESS None 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 2006 XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO THE JOINT POWERS AGREEMENT (JPA) OF THE COACHELLA VALLEY CONSERVATION COMMISSION AND MEMORANDUM OF UNDERSTANDING (MOU) CONCERNING THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN AND THE FUTURE CONSERVATION OF THE COACHELLA VALLEY FRINGE-TOED LIZARD. Rec: By Minute Motion, direct the Mayor to sign JPA Amendment No. 1 (Contract No. C24411) and the subject MOU (Contract No. C18280A). Action: XIII. PUBLIC HEARINGS A. CONSIDERATION OF THE ABANDONMENT OF EXCESS PUBLIC UTILITY EASEMENT AT 73-591 FRED WARING DRIVE (ORACLE PLAZA) UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE CALIFORNIA STREETS & HIGHWAYS CODE (Suresh C. Shah, Applicant) (Continued from the meeting of August 24, 2006). Rec: Waive further reading and adopt Resolution No. 06-126, vacating/abandoning the subject excess easement. Action: B. CONSIDERATION OF THE VACATION OF A PEDESTRIAN WAY KNOWN AS LOT "U," LOCATED BETWEEN HIGHWAY 74 FRONTAGE ROAD AND OCOTILLO DRIVE UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE CALIFORNIA STREETS & HIGHWAYS CODE (Mathew Moiseve, Voyager Construction, Applicant) (Continued from the meeting of August 24, 2006). Rec: Waive further reading and adopt Resolution No. 06-127, vacating the subject 10-foot wide strip of land. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 2006 C. CONSIDERATION OF THE APPROVAL OF AN AMENDED PRECISE PLAN OF DESIGN, INCLUDING A HEIGHT EXCEPTION, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF 260 APARTMENTS AND A 38,000 SQUARE FOOT NEIGHBORHOOD COMMERCIAL CENTER ON A 19.6 +/- ACRES NORTH OF FRANK SINATRA DRIVE BETWEEN COOK STREET AND COLLEGE DRIVE (37-755 COOK STREET) Case Nos. PP 06-01 Amendment #1 and C/Z 06-02 (Sinatra and Cook Project, LLC, Applicant). Rec: Waive further reading and adopt: 1) Resolution No. 06-128, approving Case No. PP 06-01 Amendment #1, subject to conditions; 2) Ordinance No. 1122, approving Case No. C/Z 06-02. Action: XIV. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of Opposition to Proposition 90. Rec: By Minute Motion, oppose Proposition 90 and direct staff to so notify State elected officials representing the City and the League of California Cities. Action: B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o Police Department 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 2006 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 – C 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 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, 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 will instead refer the matter to staff for report and recommendation at a future City Council, Redevelopment Agency, or Housing Authority meeting. XVI. ADJOURNMENT 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 2006 FUTURE MEETINGS: September 18, 2006 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room September 19, 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 September 20, 2006 9:00 a.m. Art In Public Places Commission -CANCELED- 3:00 p.m. Library Promotion Committee Administrative Conference Room September 21, 2006 3:00 p.m. Sister Cities Committee Administrative Conference Room September 26, 2006 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 10:00 a.m. Historic Preservation Committee Administrative Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room September 28, 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 8th day of September, 2006. Rachelle D. Klassen, City Clerk 13