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Home My WebLink AboutAGENDA 22 FEB 2007 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 22, 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: APNs 653-740-001/002/003; 653-370- 004/018/028/029/030 Negotiating Parties: Agency: Justin McCarthy/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Carlos L. Ortega/City of Palm Desert; County of Riverside Under Negotiation: x Price x Terms of Payment 2) 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: Sam P. Spinello/SG&H Partners, LP Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 a) Indian Springs, Ltd., v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 053903 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 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 - Councilman Jim Ferguson VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS – B Any person wishing to discuss any item not scheduled for public hearing may addess the City Council or Redevelopment Agency Board at this point by stepping to the lectern and giving his/her name and addess 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. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE HEATHER SACRE FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS EL PASEO BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS. Action: X. CONSENT CALENDAR 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 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 February 8, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 164, 165, and 169. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES 1. Parks & Recreation Commission Meeting of January 16, 2007. 2. Youth Committee Meeting of January 2, 2007. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by A Ocha Corporation for Le Basil Restaurant, 72-695 Highway 111, #A-10, Palm Desert. Rec: Receive and file. E. REQUEST FOR APPROVAL of a Contribution to the County Engineers Association of California (CEAC) Statewide Local Streets and Roads Needs Assessment Study. Rec: By Minute Motion, appropriate up to $5,000 from the Unobligated General Fund balance to contribute to the CEAC and League of California Cities' Statewide Local Streets and Roads Needs Assessment Study. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 F. REQUEST FOR APPROVAL of a Letter from the Mayor to State Legislators, Requesting Change on the Time of Use Meter Requirements for All Photovoltaic Solar Systems. Rec: By Minute Motion, instruct staff to prepare a letter from the Mayor to Senator Battin, Assemblyman Benoit, and Assemblywoman Garcia, asking for immediate assistance in authoring and introducing clean- up legislation amending Public Resources Code Section 2827 as it pertains to requiring Time of Use (TOU) metering on new photovoltaic solar systems. G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Redesign of the City's EGov Website (Contract No. C26240). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the redesign and reprogramming of the City's EGov website. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C25730 -- Country Club Drive Pavement Rehabilitation Improvements (Project No. 646-06) (Matich Corporation, 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. I. REQUEST FOR APPROVAL of the Extension of Contract No. C24680 -- Landscape Maintenance Area No. 9. Rec: By Minute Motion, approve extension of the subject contract with Vintage Associates, Inc., Bermuda Dunes, California, in the amount of $28,691.25 for the period of February 1 - June 30, 2007 -- funds are available in Account No. 110-4614-453-3370. J. REQUEST FOR APPROVAL of the Purchase of Industrial Storage Shelves for the Mezzanine in the New Building at the Maintenance Services Facility. Rec: By Minute Motion, authorize the purchase of the subject equipment from G/M Business Interiors (Goforth & Marti), Riverside, California, in the total amount of $21,801.19 -- funds are available in Account No. 110-4330-413-4440. K. REQUEST FOR AWARD OF BID for the Purchase of Two Solar-powered Message Boards. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 Rec: By Minute Motion, reject the bid from Traffic Control Services, Anaheim, California, as non-responsive, and award the subject purchase to United Traffic, City of Industry, California, in the amount of $37,281.50 -- funds are available in Account No. 110- 4310-433-4045. L. REQUEST FOR APPROVAL of Application Fee for California Solar Initiative Rebate Program for Solar Project on the Civic Center North Carports. Rec: By Minute Motion: 1) Approve of the subject application fee in the amount of $1,506 to Southern California Edison; 2) authorize the expenditure of $1,506 from Account No. 400-4511-422-3911 -- no appropriation is required. M. REQUEST FOR APPROVAL of Contracts for Fireworks Displays for the 2007 Independence Day Celebration and the Final "Summer of Fun" Concert. Rec: By Minute Motion, approve: 1) Contract No. C26250A in the amount of $30,148 ($7,500 of which will be paid by the City of Rancho Mirage) with Pyro Spectaculars by Souza, Rialto, California, for professional staff and pyrotechnic supplies and services for the Annual Independence Day Celebration scheduled to be held on July 4, 2007; 2) Contract No. C26250B in the amount of $6,148 with Pyro Spectaculars by Souza, Rialto, California, for professional staff and pyrotechnic supplies and services for use at the final "Summer of Fun" concert scheduled to be held on August 30, 2007; 3) authorize the Mayor to execute said contracts -- funds have been budgeted in Account No. 110-4416-414-3061. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 A. RESOLUTION NO. 07-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ITS RESOLUTION NO. 95-13 AS TO THE DATES OF THE ANNUAL ARBOR DAY CELEBRATION IN THE CITY OF PALM DESERT. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF EXTENSION OF THE CITY AND PALM DESERT CABLE TELEVISION FRANCHISE AGREEMENT AND RELATED ACTIONS. Rec: Waive further reading and: 1) Adopt Resolution No. 07-11, extending the Cable Television Franchise Agreement with Time Warner Cable retroactive to June 30, 2006, with an extension to January 2, 2008; 2) pass Ordinance No 1133 to second reading, amending Chapter 14.01 of Title 14 of the Palm Desert Municipal Code relative to a Support Fee for Local Cable Usage and Special Provisions applicable to holders of State Video Franchises; 3) pass Ordinance No. 1134 to second reading, amending Title 2, adding Chapter 2.72 to the Palm Desert Municipal Code relative to Appeal Procedures. Action: B. REQUEST FOR AWARD OF CONTRACT FOR PROFESSIONAL DESIGN SERVICES FOR PARKING LOT IMPROVEMENTS AT THE 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 PRESIDENTS' PLAZA I (EAST/WEST) BUSINESS IMPROVEMENT DISTRICT (CONTRACT NO. C26260). Rec: By Minute Motion: 1) Approve the subject contract in the amount of $62,447 for professional design services plus $3,000 for reimbursables to Nasland Engineering, San Diego, California; 2) authorize the Director of Finance to set aside the amount of $6,244.70 for a 10% contingency (Use of contingency requires additional action); 3) authorize the City Manager to execute said agreement - funds are available in Fund 400 and the City's Recycling Account, No. 236-4195-454-3090. Action: C. CONSIDERATION OF REQUEST TO PROVIDE A FINANCIAL CONTRIBUTION AS PART OF COLLEGE OF THE DESERT FOUNDATION'S "MAN ABOUT TOWN" FUNDRAISING EVENT, BENEFITING COLLEGE OF THE DESERT PUBLIC SAFETY ACADEMY. Rec: By Minute Motion, approve a $25,000 donation to the College of the Desert Foundation, benefiting the College of the Desert Public Safety Academy. Action: XV. CONTINUED BUSINESS A. REQUEST FOR AUTHORIZATION TO INITIATE THE PROCESS OF DETACHING THE CITY OF PALM DESERT FROM THE COACHELLA VALLEY RECREATION AND PARK DISTRICT (Continued from the meetings of November 16, 2006, and January 25, 2007). Rec: By Minute Motion: 1) Grant the Coachella Valley Recreation and Park District a six-month extension, based on meeting identified goals in documentation provided; 2) continue the matter to the City Council Meeting of August 23, 2007. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 B. 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, and February 8, 2007. Rec: By Minute Motion, approve as presented and authorize the Mayor to execute same. Action: C. REQUEST FOR APPROVAL OF THE DESIGN AND CONSTRUCTION OF MEDIAN MODIFICATION ON FRANK SINATRA DRIVE BETWEEN PALM DESERT GREENS COUNTRY CLUB AND MARRIOTT'S SHADOW RIDGE (Continued from the meeting of January 25, 2007). Rec: By Minute Motion, direct staff to proceed with the design and construction of the proposed median modification on Frank Sinatra Drive to restrict left turns from North Fork Drive (Palm Desert Greens Country Club) and Rose Ridge Drive (Marriott's Shadow Ridge). Action: D. REQUEST FOR AWARD OF CONTRACTS FOR THE WESTFIELD BUS BAY PROJECT (Continued from the meeting of February 8, 2007). Rec: By Minute Motion: 1) Award Contract No. C26030A to Contreras Construction Company, Indio, California, in the amount of $283,000 for the street and sidewalk improvements; 2) award Contract No. C26030B to All Purpose Manufacturing, Oceanside, California, in the amount of $125,000 for bus shelter structure; 3) award Contract No. C26030C to Hort Tech, Inc., Bermuda Dunes, California, in an amount not to exceed $50,000 for landscaping; 4) approve contingency for the project in the amount of $77,602. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 3 TO CONTRACT NO. C22870 - DESIGN ENGINEERING FOR THE PORTOLA AVENUE BRIDGE AT THE WHITEWATER CHANNEL. Rec: By Minute Motion: 1) Approve Amendment No. 3 in the amount of $32,915 to the subject contract with Moffatt & Nichol Engineers, Irvine, California, for the design of a soundwall on northbound Portola Avenue between Magnesia Falls Drive and the Portola Bridge (adjacent to Wedgwood Glen Community), and the Mayor to execute same; 2) appropriate $32,915 for this Amendment from Unobligated Funds in Account No. 400. Action: B. REQUEST FOR APPROVAL OF AMENDMENT NO. 4 TO CONTRACT NO. C22870 - DESIGN ENGINEERING FOR THE PORTOLA AVENUE BRIDGE AT THE WHITEWATER CHANNEL. Rec: By Minute Motion: 1) Approve Amendment No. 4 in the amount of $59,500 to the subject contract with Moffatt & Nichol Engineers, Irvine, California, to design the widening of southbound Portola Avenue between the Portola Bridge and Magnesia Falls Drive (adjacent to Palm Desert Mobile Estates), and the Mayor to execute same; 2) appropriate $59,500 for this Amendment from Unobligated Funds in Account No. 400. Action: C. REQUEST FOR APPROPRIATION OF FUNDS FOR THE CITY'S PORTION OF THE PORTOLA AVENUE EXTENSION. Rec: By Minute Motion, appropriate $713,246.44 to Account No. 400- 4365-433-4001 for the City's share of infrastructure improvements on Portola Avenue and authorize expenditure of said funds. Action: D. REQUEST FOR APPROVAL OF AQUATIC CENTER DESIGN AND JOINT USE AGREEMENT WITH COLLEGE OF THE DESERT. 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 Rec: By Minute Motion: 1) Approve of the Aquatic Center Design as presented; 2) approve the Joint Use Agreement between the City of Palm Desert and College of the Desert (Contract No. C26270); 3) authorize the City Manager to negotiate any minor changes as needed in finalizing the agreement; 4) authorize staff to proceed through the entitlement process. Action: XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE UNIVERSITY PARK MASTER PLAN DEVELOPMENT AGREEMENT AS IT RELATES TO 190 +/- ACRES GENERALLY LOCATED SOUTH OF GERALD FORD DRIVE AND EAST OF PORTOLA AVENUE - 73-500 COLLEGE DRIVE Case No. DA 06-02 Related to C/Z 06-04 (Palm Desert Funding Company, LP, Applicant) (Continued from the meeting of February 8, 2007). Rec: To be provided. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2007 o City Council Requests for Action: o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: February 27, 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 March 6, 2007 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber 6:00 p.m. Youth Committee Administrative Conference Room March 8, 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 16th day of February, 2007. Rachelle D. Klassen, City Clerk 11