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HomeMy WebLinkAboutAGENDA 12 APR 2007 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 12, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ORAL COMMUNICATIONS - A 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 54956.8: 1) Property: 35 acres +/-, NWC Portola Avenue (extended)/ Dinah Shore Drive, Palm Desert, CA Negotiating Parties: Agency: Carlos . Ortega/City of Palm Desert Property Owner: Mike Marix Other Parties: Under Negotiation: X Price X Terms of Payment 2) Property: Lease Property- 74-735 Hovely Lane East, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/Frankie Riddle/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Cox PC Assets, LLC, d.b.a. Sprint PCS/ Global Signal 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): POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 Number of potential cases: 2 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code 54956.9 (c): Number of potential cases: 1 Public Employment pursuant to Government Code Section 54957: Title of Position: City Attorney 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 UNITED STATES OF AMERICA - Councilman Robert A. Spiegel VII. INVOCATION - Mayor Pro Tem Jean M. Benson VIII. ORAL COMMUNICATIONS – B 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. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING APRIL 2007 AS "PREVENT CHILD ABUSE MONTH" IN THE CITY OF PALM DESERT. Action: B. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF APRIL 22-28, 2007, AS 'NATIONAL CRIME VICTIMS' WEEK IN THE CITY OF PALM DESERT. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE - MARCH 2007. Action: D. APPOINTMENTS TO THE AUDIT, INVESTMENT & FINANCE COMMITTEE AND THE HOUSING COMMISSION. Rec: By Minute Motion: 1) Appoint Stephanie M. Loog to the Audit, Investment & Finance Committee to fill the vacancy created by the resignation of Dixie Proulx, whose unexpired term concludes December 31, 2009; 2) appoint Natalie M. Russo to the Housing Commission for a four-year term (December 31, 2010) to fill the at- large member vacancy created by the resignation of Carrie McLeod, whose term concluded on December 31, 2006. Action: 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 22, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 196, 197, and 201. Rec: Approve as presented. C. HISTORIC PRESERVATION COMMITTEE Meeting Minutes for February 27, 2007. Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 D. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal (Miscellaneous Computer, Electronic Equipment, and Furniture). Rec: By Minute Motion, declare the items listed on the accompanying staff report's Exhibit "A" as surplus and authorize disposal as is deemed appropriate. E. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal (Vehicles and Miscellaneous Public Works Maintenance Equipment). Rec: By Minute Motion, declare the items listed on the accompanying staff report as surplus and authorize disposal as proposed. F. REQUEST FOR AWARD OF CONTRACT for the Annual Color of El Paseo Medians and Civic Center Park for Fall 2007 and Spring 2008 (Contract No. C26230, Project No. 930-07). Rec: By Minute Motion, award the subject contract to Arakawa Nursery, Inc., Corona, California, in the amount of $17,059.44. G. REQUEST FOR APPROVAL of Amendment No. 4 to Contract No. C23110 - Engineering Services for Design of the Highway 111 Sidewalk Improvements. Rec: By Minute Motion: 1) Approve Amendment No. 4 in the amount of $2,820 to the subject contract with Omnis, Inc., Chino, California, for design and engineering services to construct a bus bay on Highway 111 east of San Pablo Avenue; 2) authorize the Mayor to execute said Amendment - funds are available in Account No. 110- 4300-413-3010. H. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C25570 - Section 29 Assessment District (No. 2004-02) Sewer Installation, Phase I. Rec: By Minute Motion: 1) Approve Change Order No. 2 in the amount of $2,563.13 to the subject contract with Jones Bros. Construction Company, Coachella, California, to modify two manhole facilities; 2) authorize the transfer of $14.09 from contingency to base for the project; 3) appropriate $2,549.04 from Unobligated Fund 400 to the project account; 4) authorize the Mayor to execute Change Order No. 2. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C24440B - Traffic Signal Installation on Country Club Drive at Via Scena (Project No. 578-06) (DBX, Inc., Temecula, 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. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 25050 - 2006 Citywide Street Restriping (Project No. 564-06) (California Traffic Maintenance, Burbank, 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. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C25570 - Section 29 Assessment District (No. 2004-02) Sewer Installation, Phase I (Project No. 627-S-05) (Jones Bros. Construction Company, Coachella, 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. L. REQUEST FOR APPROVAL of Tract Map No. 34927 (Stone Eagle Development, Applicant). Rec: Waive further reading and adopt Resolution No. 07- 22, approving the Map of Tract No. 34927. M. REQUEST FOR APPROVAL of a Storm Drainage and Retention Basin Maintenance Agreement with Rilington Dolce, LLC. Rec: By Minute Motion, authorize the Mayor to execute the subject agreement with Rilington Dolce, LLC. N. REQUEST FOR APPROVAL of Purchase Orders/Audio-visual Invoices for 2007 "Summer of Fun" Concerts. Rec: By Minute Motion, approve two purchase orders/audio-visual invoices totaling $14,800 with Studio Instrument Rentals, Palm Springs, California, for concert sound and lighting equipment and professional staff for the 2007 "Summer of Fun" Concerts - funds have been budgeted in Account No. 110-4416-414-3061 for this purpose. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 O. REQUEST FOR APPROVAL of Cal Cops Expenditures. Rec: By Minute Motion, approve Cal COPS Funds expenditure for purchase of: 1) Vista FX Premium Crash Reconstruction System in the amount of $6,695; 2) 30-Olympus FE-2107.1 Mega Pixel Digital Cameras and 31-Gigabyte Memory Cards from Pearl Mutter Purchasing Power in the amount of $5,462.93, as recommended by the Public Safety Commission at its March 14, 2007, Meeting. P. REQUEST FOR AUTHORIZATION to Receive and File General Release Agreements in Conjunction with the Fred Waring Drive Soundwall at Desert Breezes (Contract Nos. C24100C-G). Rec: By Minute Motion: 1) Receive the General Release Agreements for properties affected by the height reduction of the Fred Waring Drive Soundwall at Desert Breezes (77-699 Calle Las Brisas South, 77- 707 Calle Las Brisas South, 77-717 Calle Las Brisas South, 77-723 Calle Las Brisas South, and 77-733 Calle Las Brisas South); 2) authorize the City Clerk to record said General Release Agreements in the Riveside County Recorder's Office. Q. REQUEST FOR APPROVAL of a Grant from the City's Child Care Development Mitigation Impact Fee Fund 228 for Exterior Painting of the Family YMCA of the Desert Jean M. Benson Child Care Center Rec: By Minute Motion: 1) approve a grant in the amount of $7,242 to reimburse the Family YMCA of the Desert for exterior painting of the Jean M. Benson Child Care Center; 2) appropriate said funds from Fund 228 - Child Care Mitigation Fees. R. REQUEST FOR APPROVAL of Contractor Services for Electrical, Plumbing, and Heating/AC for Fiscal year 2007/08. Rec: By Minute Motion, approve contractors identified on the staff report's accompanying list for performance of the subject services needed on an immediate basis and in an amount not to exceed $10,000 per occasion, based upon the hourly rates established on said list. S. CONSIDERATION of Action Taken by Legislative Review Committee Regarding AB882 (Hernandez) - Sales Tax Exemption. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 27, 2007, Meeting and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB882 (Hernandez). 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 T. CONSIDERATION of Action Taken by Legislative Review Committee Regarding AB1120 (Tran) - Sales Tax Exemption Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 27, 2007, Meeting and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB1120 (Tran). U. CONSIDERATION of Action Taken by Legislative Review Committee Regarding AB1152 (Niello) - Sales Tax Exemption Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 27, 2007, Meeting and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB1152 (Niello). V. CONSIDERATION of Action Taken by Legislative Review Committee Regarding AB1206 (Smyth) - Sales Tax Exemption. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 27, 2007, Meeting and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB1206 (Smyth). W. CONSIDERATION of Action Taken by Legislative Review Committee Regarding AB1449 (Saldana) - Density Bonuses. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 27, 2007, Meeting and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB1449 (Saldana). X. CONSIDERATION of Action Taken by Legislative Review Committee Regarding AB1681 (Houston) - Sales Tax Exemption. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 27, 2007, Meeting and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB1681 (Houston). Y. REQUEST FOR AUTHORIZATION to Reject All Bids and Re-advertise for Two Half-ton Pick-up Trucks (Regular Cab). Rec: By Minute Motion, reject all bids received on March 12, 2007, for the subject purchase and authorize the City Clerk to re-advertise. 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 Z. INFORMATIONAL ITEMS: 1. Report on the Status of Highways 111 and 74 Relinquishment. 2. "Long Range Plan Proposals for Enhancing Disaster Preparation and Response" Report. 3. Update on Public Relations Activities Conducted by Nancy J. Friedman Public Relations. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1135 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT AMENDING DEVELOPMENT AGREEMENT 96-1 AS IT RELATES TO A 300-TIMESHARE DEVELOPMENT, 215 CURRENTLY ENTITLED UNDER THE EXISTING DEVELOPMENT AGREEMENT Case No. DA 06-03 As It Relates to Case Nos. PP/CUP 06-17 and TT 35426 (Starwood/WVC Rancho Mirage, Inc., Applicants). Rec: Waive further reading and adopt, subject to receipt of the Development Agreement as executed by the Applicants. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 XIV. NEW BUSINESS A. REQUEST FOR REVIEW OF REQUEST TO ENTER INTO A 25 YEAR EASEMENT PURCHASE AGREEMENT FOR CITY LAND AT THE PALM DESERT SOCCER PARK (74-735 HOVLEY LANE EAST) TO HOST A SPRINT PCS WIRELESS CELL TOWER (CONTRACT NO. C19290). Rec: To be provided. Action: B. REQUEST FOR APPROVAL OF A CHANGE IN OPERATIONAL TIMES FOR THE PALM DESERT SKATE PARK. Rec: By Minute Motion, approve a change to the operational hours of the Palm Desert Skate Park to coincide with the Desert Sands Unified School District calendar. Action: C. INFORMATIONAL REPORT ON THE REGIONAL HOUSING NEEDS ASSESSMENT ALLOCATION (RHNA) UPDATE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion, receive and file the report. Action: D. CONSIDERATION OF A REQUEST FOR OWNERSHIP TRANSFER FOR VILLA AT PALM DESERT, AS REQUIRED BY DEVELOPMENT AGREEMENT Case No. DA 86-1 (Atria Palm Desert, LLC, Applicant). Rec: By Minute Motion, approve assignment of ownership from Atria Senior Living Group, Inc., to Atria Palm Desert, LLC, and authorize the Mayor to execute the Consent to Assignment. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 E. REQUEST FOR AWARD OF CONTRACT FOR INSTALLATION OF NORTH CARPORTS PHOTOVOLTAIC SYSTEM (CONTRACT NO. C23290C1). Rec: By Minute Motion, authorize: 1) Award of the subject contract to Carlson Solar, Hemet, California, in the amount of $464,157.68; 2) a 10% contingency for the project in the amount of $46,415.70; 3) $800 for Interconnection Application fee for net-metering to Southern California Edison; 4) Director of Finance to allocate $510,373.38 for this work - no appropriation is necessary for the project, funds are available in Account No. 400-4511-422-3911. Action: F. REQUEST FOR AWARD OF CONTRACT FOR THE 2007 CITYWIDE PALM TREE PRUNING AND REMOVAL PROGRAM (CONTRACT NO. C26220, PROJECT NO. 931-07) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion: 1) Award the subject contract to Tree Rite, Bermuda Dunes, California, in the total amount of $78,421.50 (City: $68,336.75; Housing Authority: $10,084.75); 2) authorize the Director of Finance to set aside an additional 10% Contingency totaling $7,842.15 (City: $6,833.67; Housing Authority; $1,008.48); 3) authorize the Director of Finance to appropriate $10,084.75 of the total contract amount to the respective Housing Authority Landscape Maintenance Budget line items plus set aside $1,008.48 of the total contingency to the respective Housing Authority Landscape Maintenance Budget; 4) authorize the Mayor to execute the agreement - funds for the City portion of the contract are available in General Fund and Assessment District Fund 200 accounts. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 G. CONSIDERATION OF THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION'S (LAFCO REQUEST FOR REVIEW OF THE CITY OF PALM DESERT SPHERES OF INFLUENCE. Rec: By Minute Motion: 1) Provide direction to LAFCO relative to retention of the Del Webb Sphere of Influence. 2) Provide direction to LAFCO relative to retention of the Bermuda Dunes Sphere of Influence, and if City Council direction is to retain this Sphere: a) Authorize staff to retain the services of a professional firm to conduct a Fiscal Impact Feasibility Study on the Annexation of the Bermuda Dunes Sphere of Influence; b) appropriate an amount not to exceed $25,000 for Fiscal Impact Feasibility Study on the Annexation of the Bermuda Dunes Sphere of Influence. Action: H. REQUEST FOR RATIFICATION OF THE AMENDMENT TO THE AGREEMENT FOR ANIMAL CONTROL FIELD SERVICES WITH THE RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES EXTENDING THE TERM FOR THE PERIOD OF JULY 1, 2006, TO JUNE 30, 2007 (CONTRACT NO. C24200). Rec: By Minute Motion: 1) Approve the One-year Extension to the subject agreement with the Riverside County Department of Animal Services, Riverside, California, in an amount not to exceed $88,328 unless otherwise approved; 2) authorize the Mayor to execute same - funds are available in Account No. 110-4230-442-3090. Action: XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF AGREEMENT FOR THE PROVISION OF LEGAL SERVICES TO THE CITY OF PALM DESERT (CONTRACT NO. C00-008A) (Continued from the meetings of January 25, February 8, February 22, and March 22, 2007). Rec: By Minute Motion, approve as presented and authorize the Mayor to execute same. Action: 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 B. REQUEST FOR AWARD OF CONTRACT FOR PROFESSIONAL DESIGN SERVICES FOR PARKING LOT IMPROVEMENTS AT THE PRESIDENTS' PLAZA I (EASE/WEST) BUSINESS IMPROVEMENT DISTRICT (CONTRACT NO. C26260) (Continued from the meetings of February 22 and March 8, 2007). Rec: By Minute Motion: 1) Approve the subject contract with Nasland Engineering, San Diego, California, in the amount of $45,282, plus $1,000 in reimbursables, to prepare a Parking Structure Feasibility Study for Presidents' Plaza l (EAST/WEST); 2) authorize the Director of Finance to set aside the amount of $4,528.20 as a 10% contingency (use of contingency requires additional action); 3) authorize the Mayor to execute the agreement - funds are available in Fund 400. Action: XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT NO. C22870C - CONSTRUCTION MANAGEMENT SERVICES ON THE WHITEWATER BRIDGE AT PORTOLA AVENUE (PROJECT NO. 647- 04). Rec: By Minute Motion, approve; 1) Amendment No. 1 in the amount of $133,050 to the subject contract with Berg & Associates, San Pedro, California, for additional construction management services; 2) transfer of $76,117.10 from contingency to base for this amendment; 3) appropriation of $56,932.90 for this Amendment from Unobligated Fund 400 monies. Action: XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AN AMENDMENT TO CHAPTER 25.15 OF THE PALM DESERT MUNICIPAL CODE - HILLSIDE PLANNED RESIDENTIAL DISTRICT AND CHAPTER 25.86 - PUBLIC HEARINGS Case No. ZOA 07-01 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1136 to second reading, approving Case No. ZOA 07-01. Action: 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1). Reminder of Study Session to Receive an Update Presentation from the Palm Springs Desert Resort Communities Convention & Visitors Authority on Thursday, April 26, 2007, at 2:00 p.m. Action: D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of City Council Liaison Appointment to the City’s Public Safety Commission (Mayor Richard S. Kelly). Action: o City Council Committee Reports: o City Council Comments: 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2007 XIX. ADJOURNMENT FUTURE MEETINGS: April 16, 2007 3:00 p.m. Citizens’ Adv. Cmte. -Proj. Area #4 Administrative Conference Room April 17, 2007 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 April 18, 2007 9:00 a.m. Art in Public Places Commission Visitor Center – 72567 Highway 111 3:00 p.m. Library Promotion Committee Administrative Conference Room April 24, 2007 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 April 26, 2007 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 April, 2007. Rachelle D. Klassen, City Clerk 14