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Home My WebLink AboutAGENDA 11 JAN 2007 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 11, 2007 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 Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 Public Employment Pursuant to Government Code Section 54957: Titles of Positions: City Attorney City Manager IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENTS AND REAPPOINTMENTS TO VARIOUS POSITIONS ON THE CITY'S ESTABLISHED COMMITTEES AND COMMISSIONS. Rec: To be provided following applicant interviews on Thursday, January 4, 2007. Action: VI. CONSENT CALENDAR POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 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 Meetings of December 14, 2006, and December 28, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 118, 119, 120, and 121. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by ECM Restaurants, Inc., for Cosmo's, 73-155 Highway 111, Palm Desert. Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meeting of November 28, 2006. 2. Parks & Recreation Commission Meeting of November 21, 2006. 3. Public Safety Commission Meeting of November 8, 2006. 4. Youth Committee Meeting of November 7, 2006. Rec: Receive and file. E. RESIGNATION of Bill Veazie -- Audit, Investment & Finance Committee. Rec: Receive with very sincere regret. F. LETTER OF RESIGNATION from Ken Stendell -- Building Board of Appeals & Condemnation. Rec: Receive with very sincere regret. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2007 G. LETTER OF RESIGNATION from Art McKay -- Coachella Valley Mosquito & Vector Control District. Rec: Receive with very sincere regret. H. RESIGNATION of Ray Rodriguez, Jr. -- Marketing Committee. Rec: Receive with very sincere regret. I. REQUEST FOR APPROVAL of Amendment No. 2 to Contract No. C23340 -- Professional Services Associated with the Section 29 District Formation. Rec: By Minute Motion, approve Amendment No. 2 to the subject contract with MuniFinancial, Temecula, California, in a total amount not to exceed $24,000 for additional professional services associated with the Section 29 District formation -- funds are available in Trust Account No. 610-0000-228-2100. J. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C23340A -- Professional Services Associated with the Section 29 Benefit Assessment District Formation. Rec: By Minute Motion, approve Amendment No. 1 to the subject contract with MuniFinancial, Temecula, California, in a total amount not to exceed $13,000 for additional professional services associated with the Section 29 Benefit Assessment District formation -- funds are available in Trust Account No. 610-0000-228- 2100. K. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C25270 -- Traffic Signal Installation at Highway 74 and Shadow Mountain Drive. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $17,180.89 to the subject contract with Granite Construction Company, Indio, California; 2) authorize the transfer of said funds from contingency to base for the contract; 3) authorize the Mayor to execute Change Order No. 1. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2007 L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C24360A -- Citywide Arterial Slurry Seal Program (Project No. 751-06A) (Pavement Coatings Company, Cypress, 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. M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C24480 -- Calle de los Campesinos Resurfacing Improvements (Project No. 608-04) (D & L Wheeler Enterprises, Yucaipa, 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 APPROVAL of One-year Lease Agreement with Palm Desert Sister Cities Foundation and Ratify Staff's Approval of Occupancy at Portola Community Center (Contract No. C26120). Rec: By Minute Motion: 1) Approve one-year Lease Agreement with Palm Desert Sister Cities Foundation to occupy Office Space No. 6 at the Portola Community Center at an annual cost of $2,340; 2) ratify staff's approval to allow the organization to occupy office space within the Portola Community Center as of January 1, 2007. O. CONSIDERATION of Request from Soroptimist International of Palm Desert for Sponsorship of the 11th Annual Art & Wine Tour of El Paseo. Rec: By Minute Motion, approve sponsorship of the 11th Annual Art and Wine Tour of El Paseo on Friday, February 16, 2007, and appropriate funds from the Unobligated General Fund in an amount not to exceed $1,400 for expenses associated therewith. VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS IX. ORDINANCES For Introduction: 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2007 For Adoption: A. ORDINANCE NO. 1124 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING LOCAL ENERGY EFFICIENCY STANDARDS FOR BUILDINGS COVERED BY THE 2005 CALIFORNIA BUILDING ENERGY EFFICIENCY STANDARDS. Rec: Waive further reading and adopt. Action: B. ORDINANCE NO. 1130 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NOS. 526, 526A, 546, 774, 780, 797, 804, 815, 831, 832, 834, 835, 836, 844, 845, 876, 877, 878, 879, 910, 911, 913, 921, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 994, 995, 996, 997, 998, 999, 1000, 1002, AND 1005, AND AMENDING SECTION 10.36.010 OF TITLE 10 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO SPEED ZONES. Rec: Waive further reading and adopt. Action: X. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE RENAMING OF THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY (PSDRCVA) TO THE PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY (PSDRCCVA). Rec: By Minute Motion, provide direction to staff on the suggested renaming of the Authority. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2007 B. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE REMAINDER OF THE CITY OF PALM DESERT TRAILS SYSTEM (CONTRACT NO. C26130). Rec: By Minute Motion: 1) Award the subject contract to Michael Schuler, Palm Desert, California, in the amount of $394,350 and authorize a 10% contingency for the project in the amount of $39,435 for construction of the Art Smith Trail extension, Art Smith Trail extension past water tanks, Hopalong Cassidy Trail extension to Cat Canyon, Herb Jeffries Trail to Bump N' Grind Trail, Hopalong Cassidy Trail extension Cahuilla Hills to Herb Jeffries Trail; Homestead Trail to Cat Canyon extension, Herb Jeffries to Painters Path, and Painters Path to lower Bump N' Grind Trail, subject to City Attorney concurrence; 2) appropriate an additional $65,826 to Trails Construction Account No. 430-4636-454-4001 and authorize the Mayor to execute said contract. Action: C. REQUEST FOR AWARD OF CONTRACT FOR CIVIC CENTER WELL SITE LANDSCAPE RENOVATION (CONTRACT NO. C26140). Rec: By Minute Motion: 1) Award the subject contract to Hort Tech, Inc., Palm Desert, California, in the amount of $29,258.06; 2) approve a 10% contingency for the project in the amount of $2,926; 3) authorize the Mayor to execute the agreement -- funds are available in Account No. 400-4614-433-4001. Action: XI. CONTINUED BUSINESS A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 26, 2006 (Continued from the meetings of November 16 and December 14, 2006). Rec: By Minute Motion, approve as presented. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2007 XII. OLD BUSINESS A. CONSIDERATION OF THE COMMISSIONING OF VETERANS MEMORIAL AT FREEDOM PARK (CONTRACT NO. C23420). Rec: By Minute Motion: 1) Accept and approve the design for the Veterans Memorial at Freedom Park by Romo Studios; 2) authorize the Mayor to execute said contract in the amount of $251,680 -- funds are available in Account No. 436-4650-454-4001. Action: B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C25570 -- SECTION 29 ASSESSMENT DISTRICT, NO. 2004-02, SEWER INSTALLATION PHASE I. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $63,407.91 to the subject contract with Jones Bros. Construction Company, Coachella, California; 2) authorize the transfer of said funds from contingency to base for the contract; 3) authorize the Mayor to execute Change Order No. 1. Action: C. INFORMATIONAL REPORT ON THE MONTEREY AVENUE SIDEWALK FROM COUNTRY CLUB DRIVE TO FRANK SINATRA DRIVE. Rec: By Minute Motion, receive and file the report. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2007 XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE PAYMENT FOR ACQUISITION AND DEVELOPMENT OF PROPERTY FOR CHILD CARE CENTERS LOCATED AT 44-911 CABRILLO AVENUE AND 75-433 ORANGE BLOSSOM LANE IN THE CITY OF PALM DESERT, AND AUTHORIZATION OF THE CONVEYANCE AGREEMENT AND ASSIGNMENT AND ASSUMPTION OF LEASES WITH THE REDEVELOPMENT AGENCY RELATED TO SAID PROPERTY (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Open the Joint Public Hearing and accept public testimony on the conveyance of property located at 44-911 Cabrillo Avenue and 75-433 Orange Blossom Lane from the Palm Desert Redevelopment Agency to the City of Palm Desert; close the public hearing. 2) Waive further reading and adopt: City Council Resolution Nos. 07-1 and 07-2, and Redevelopment Agency Resolution Nos. 537 and 538, making findings in accordance with Health and Safety Code Section 33431 and Sections 33445 and 33679 for the conveyance of property located at 44-911 Cabrillo Avenue, Palm Desert, California, and 75-433 Orange Blossom Lane, Palm Desert, California, from the Palm Desert Redevelopment Agency to the City of Palm Desert for the purposes of childcare/early education facilities. 3) By Minute Motion, approve Contract No. C26100, conveying the property located at 44-911 Cabrillo Avenue, the City of Palm Desert Early Childhood Education Center in conjunction with Desert Sands Unified School District, from the Palm Desert Redevelopment Agency to the City of Palm Desert. 4) By Minute Motion, approve: a) Contract No. C26110, conveying the property located at 75-433 Orange Blossom Lane, Palm Desert, California, the Jean M. Benson Child Care Center, from the Palm Desert Redevelopment Agency to the City of Palm Desert; b) Contract No. R11813 - Second Amendment to Lease, extending the Lease of the property located at 75-433 Orange Blossom Lane, Palm Desert, California, the Jean M. Benson Child Care Center. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2007 B. CONSIDERATION OF THE FORMATION OF CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1. Rec: Waive further reading and adopt one of the following resolutions in connection with the proposed formation of Benefit Assessment District No. 1: 1) In the case of a majority protest, Resolution No. 07-3, declaring results of the tabulation of assessment ballots in connection with Benefit Assessment District No. 1 and finding a majority protest exists. or 2) In the absence of a majority protest, Resolution No. 07-3A, ordering modifications to the Engineer's Report in connection with Benefit Assessment District No. 1, approving the Engineer's Report as so modified, ordering formation of such District, and confirming a maximum assessment in connection therewith. Action: C. CONSIDERATION OF THE FORMATION OF CITY OF PALM DESERT SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02). Rec: Waive further reading and adopt one of the following resolution sets in connection with the proposed formation of the Section 29 Assessment District (No. 2004-02): 1) In the case of a majority protest, Resolution No. 07-4, declaring results of the tabulation of assessment ballots in connection with the Section 29 Assessment District and finding a majority protest exists. or 2) In the absence of a majority protest: a) Resolution No. 07-4A, making certain findings in connection with proposed Section 29 Assessment District (No. 2004-02); b) Resolution No. 07-4B, approving the Engineer's Report in connection with City of Palm Desert Section 29 Assessment District (No. 2004-02), confirming the assessments in connection with such District, ordering proposed acquisitions and improvements to be made, approving as to form and authorizing the execution and delivery of certain agreements, and taking certain other actions; c) Resolution No. 07- 4C, making certain designations in connection with City of Palm Desert Section 29 Assessment District (No. 2004-02). 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2007 Action: XIV. 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 o City Council Requests for Action: 1. Consideration of the Appointment of City Council Representatives to the Various Internal and External Committee Assignments (Mayor Richard S. Kelly). Rec: To be provided. Action: o City Council Committee Reports: o City Council Comments: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 2007 XV. 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. XVI. ADJOURNMENT FUTURE MEETINGS: January 15, 2007 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 -CANCELED- January 16, 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 Administrative Conference Room January 17, 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 January 23, 2007 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room January 25, 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 5th day of January, 2007. Rachelle D. Klassen, City Clerk 11