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Home My WebLink AboutAGENDA 25 JAN 2007 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 25, 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 Public Employment pursuant to Government Code Section 54957: Title of Position: City Attorney Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Party: Carlos L. Ortega/City of Palm Desert IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: V. AWARDS, PRESENTATIONS, AND APPOINTMENTS 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 REDEVELOPMENT AGENCY OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular City Council Meeting of January 11, 2007. Rec: Approve as presented. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2007 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 125, 129, 133, 134, 135, 136, 140, 141, 142, 143, and 144. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#573) by Lorenzo Cendejas in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. YOUTH COMMITTEE MINUTES for the Meeting of December 5, 2006. Rec: Receive and file. E. REQUEST FOR APPROVAL of Funding for Emergency Services for Satellite Phones. Rec: By Minute Motion, approve funding of $8,100 yearly to provide ongoing service for 12, handheld, satellite phones for use by the Mayor, City Council, Fire Chief, Police Chief, City Manager, Risk Manager, and other Emergency Team Section Chiefs -- funds are available FY 2006/07 in Account No. 110-4260-422-3915; in subsequent years, funds will be available in Account No. 110-4260- 422-2191. F. REQUEST FOR RATIFICATION of the City Manager's Approval of the Purchase and Installation of Equipment for Council Chamber Audio System Upgrade. Rec: By Minute Motion, ratify the City Manager's authorization of the waiver of prescribed bidding requirements (P.D.M.C. 3.32.065\[D\]) and approve the subject purchase from and installation by Muzak LLC, Riverside, California, in the amount of $16,352.60 from Account No. 400-4563-433-4001 -- funds for this purpose are already designated and no additional appropriation is required. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2007 G. REQUEST FOR APPROVAL of Tract Map No. 34597 (Serenity of Palm Desert, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 07-5, approving the Final Subdivision Map of Tract No. 34597 and the Improvement Agreement related thereto. H. REQUEST FOR APPROVAL of the Installation of Tree and Plaque on City Property Honoring Marian Marsh Henderson. Rec: By Minute Motion, approve of the installation of a tree or native desert flora and plaque honoring the memory of Marian Marsh Henderson on City-owned property located at 72-861 El Paseo Drive. I. REQUEST FOR RATIFICATION of the City Manager's Approval of Payment for Construction of a Retaining Wall at the Civic Center Park Well Site (Contract No. C26160). Rec: By Minute Motion, ratify the City Manager's approval of payment in the amount of $14,850 for the subject project by A.C.R. Concrete, Indio, California -- funds are available in Account No. 110-4610- 453-3320. J. REQUEST FOR APPROVAL of Amendment to the Community Development Block Grant (CDBG) Subrecipient Agreements with ABC Recovery Center and Stroke Recovery Center. Rec: By Minute Motion, approve: 1) ABC Recovery Center Amended Subrecipient Agreement Nos. C23050-K3 in the new amount of $59,500 and C25280A1 in the new amount of $75,500; 2) Stroke Recovery Center Amended Subrecipient Agreement No. C23730- J2 in the new amount of $108,965. K. INFORMATIONAL REPORT on the Palm Desert Community Center Weight Equipment. Rec: Receive and file. Action: VII. CONSENT ITEMS HELD OVER 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2007 VIII. RESOLUTIONS A. RESOLUTION NO. 07-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT ADJOINING PASEO BRAVO IN THE SPANISH WALK PROJECT, TRACT NO. 33837-1, UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4, OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA (D. R. Horton c/o Stantec Consulting, Applicant). Rec: Waive further reading and adopt. Action: IX. ORDINANCES For Introduction: None For Adoption: None X. NEW BUSINESS A. REQUEST FOR APPROVAL OF AGREEMENT FOR THE PROVISION OF LEGAL SERVICES TO THE CITY OF PALM DESERT (CONTRACT NO. C00-008A). Rec: By Minute Motion, approve as presented and authorize the Mayor to execute same. Action: B. REQUEST FOR APPROVAL OF REQUEST TO USE CIVIC CENTER PARK FOR BOY SCOUT CAMPOREE -- MARCH 30 - APRIL 1, 2007. Rec: By Minute Motion, approve the subject request by the Sunrise District of the Boy Scouts of America to utilize the Civic Center Park for a Camporee. Action: 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2007 C. REQUEST FOR APPROVAL OF DESIGNATED TIME PERIODS FOR BICYCLES TO UTILIZE THE PALM DESERT SKATE PARK. Rec: By Minute Motion, approve of the designation of specific time periods for bicycles to utilize the Palm Desert Skate Park: Sunday - 6:00 a.m. to 12:00 p.m.; Wednesday - 3:00 p.m. to 5:00 p.m. Action: D. CONSIDERATION OF CHANGING THE CLOSING TIME AT JOE MANN PARK. Rec: By Minute Motion, approve of changing the closing time at Joe Mann Park from 11:00 p.m. to 10:00 p.m. Action: E. REQUEST FOR APPROVAL OF THE NAMING OF A PALM DESERT TRAILHEAD AND CONNECTION TO THE BUMP AND GRIND TRAIL. Rec: By Minute Motion, approve of the naming of the trailhead and connection to the Bump and Grind Trail as the Mike Schuler Trailhead and Trail. Action: F. REQUEST FOR APPROVAL OF CONTENT FOR FREEDOM PARK KIOSKS. Rec: By Minute Motion, approve of the list on the accompanying staff report and wording for the information to be contained on the 10 kiosks located at Freedom Park. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2007 G. CONSIDERATION OF A REQUEST FOR FUNDING OF THE PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY'S (CVA) CO-OP MARKETING CAMPAIGN TO INCREASE AIRLINE SERVICE. Rec: By Minute Motion: 1) Concur with the recommendation of the Marketing Committee and support the CVA spot marketing campaign in the amount of $50,000; 2) appropriate funds from the Unobligated General Fund to Account No. 110-4417-414-3221 for this purpose. Action: H. REQUEST FOR APPROVAL OF CONTRACT FOR PRODUCTION OF THE 2007 PALM DESERT ART OF FOOD & WINE FESTIVAL (CONTRACT NO. C26170). Rec: By Minute Motion: 1) Approve of the subject contract with Kemper Sports Management in an amount not to exceed $285,000; 2) appropriate $285,000 from the City's Unobligated General Fund for this purpose. Action: I. REQUEST FOR APPROVAL OF ACTIONS RELATED TO CONTRACT WITH SUNLINE TRANSIT AUTHORITY FOR ROUTES 51 A & B (THE SHOPPER HOPPER) (CONTRACT NO. C24080A). Rec: By Minute Motion: 1) Authorize the Mayor to award the subject contract for six months in an amount not to exceed $148,000 for vehicle operation, preventative maintenance, and fuel; 2) authorize the Director of Finance to set aside the amount of $14,800 as 10% contingency (use of contingency requires additional action) for this contract; 3) approve an additional expense not to exceed $3,000 to cover the adjustment to the Red Route by 30 minutes for the previous six months; 4) approve an additional expense not to exceed $3,000 to cover miscellaneous repairs to the vehicles over the next six months. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2007 J. REQUEST FOR DISCUSSION RELATIVE TO DESIGN AND CONSTRUCTION OF MEDIAN MODIFICATION ON FRANK SINATRA DRIVE BETWEEN PALM DESERT GREENS COUNTRY CLUB AND MARRIOTT'S SHADOW RIDGE. 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: K. REQUEST FOR APPROVAL OF AGREEMENT FOR PROGRAM MANAGEMENT SUPPORT SERVICES FOR THE PROPOSED MONTEREY AVENUE/DINAH SHORE DRIVE LANDSCAPING PROJECT (CONTRACT NO. C26180, PROJECT NO. 937-06). Rec: By Minute Motion: 1) Approve of the subject agreement with NAI Consulting, Cathedral City, California, in the amount of $70,200; 2) approve a 10% contingency for the services in the amount of $7,020; 3) appropriate said funds from General Fund Reserves to the project account; 4) authorize the Mayor to execute said contract. Action: L. REQUEST FOR APPROVAL OF AGREEMENT FOR PROGRAM MANAGEMENT SUPPORT SERVICES FOR FEDERAL FUNDING OF THE I-10/MONTEREY AVENUE ON/OFF RAMP LANDSCAPING PROJECT (CONTRACT NO. C26190, PROJECT NO. 969-06). Rec: By Minute Motion: 1) Approve of the subject agreement with NAI Consulting, Cathedral City, California, in the amount of $18,500; 2) approve a 10% contingency for the services in the amount of $1,850; 3) appropriate said funds from General Fund Reserves to the project account; 4) authorize the City Manager to execute said contract. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2007 M. CONSIDERATION OF REQUEST FOR NOMINATION OF A PALM DESERT SISTER CITIES FOUNDATION EX OFFICIO MEMBER. Rec: By Minute Motion, nominate a Palm Desert City Councilmember to serve as an Ex Officio Director of the Palm Desert Sister Cities Foundation. 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, and January 11, 2007). Rec: By Minute Motion, approve as presented. Action: B. 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 meeting of November 16, 2006). 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: XII. OLD BUSINESS None 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2007 XIII. PUBLIC HEARINGS A. CONSIDERATION OF THE FORMATION OF CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 (Continued from the meeting of January 11, 2007). 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: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2007 B. CONSIDERATION OF THE FORMATION OF CITY OF PALM DESERT SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02) (Continued from the meeting of January 11, 2007). 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). Action: C. REQUEST FOR APPROVAL OF PHASE 1 OF A HILLSIDE DEVELOPMENT PLAN TO ALLOW THE CONSTRUCTION OF A PROPERTY ACCESS ROADWAY AND TURN-AROUND FOR PERCOLATION AND SOILS INVESTIGATION -- PROPERTY LOCATED WEST OF THE PALM VALLEY STORM CHANNEL ON UPPER WAY WEST (APN 628-130-015) Case No. PP/HPD 05-17 (Baracuda LLC, c/o Bruce Kuykendall, Applicant). Rec: Waive further reading and adopt Resolution No. 07-7, approving Case No. PP/HPD 05-17. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2007 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: 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 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. XVI. ADJOURNMENT 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 2007 FUTURE MEETINGS: January 30, 2007 10:00 a.m. Historic Preservation Committee Administrative Conference Room February 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 February 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 19th day of January, 2007. Rachelle D. Klassen, City Clerk 12