Loading...
HomeMy WebLinkAboutAGENDA 08 MAR 2007 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 08, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. IV. 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 Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Mary Justice v. Coachella Valley Association of Governments, et al., Riverside County Superior Court Case No. RIC 464890 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE - Councilmember Cindy Finerty VII. INVOCATION - Councilman Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS 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 February 22, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 156, 173, 174, 175, 179, 183, and 184. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#575) by Barry Wilk in the Amount of $500,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Casey's Restaurant & Lounge, 42-455 Washington Street, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Library Promotion Committee Meeting of January 17, 2007. 2. Marketing Committee Meeting of January 16, 2007. 3. Public Safety Commission Meeting of December 13, 2007. Rec: Receive and file. F. REQUEST FOR RATIFICATION of the City Manager's Approval of the Use of Cal COPS Grant Funds. Rec: By Minute Motion, ratify the City Manager's approval to expend Cal COPS Grant Funds for purchase of: 1) Weapon Cleaning system 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 ($9,380.13); 2) Big Mac Storage Shed ($498.88); 3) Computers and Software ($11,743.92); 4) Palm Desert Police Department Uniform Patches ($1,131.38) -- funds are available in the FY 2006/07 Cal COPS Grant, and no appropriation is needed or requested. G. CONSIDERATION of a Request from The Inn at Deep Canyon for Reimbursement of Penalty and Interest for Underpayment of 2005 Transient Occupancy Tax (T.O.T.). Rec: By Minute Motion, approve reimbursement to The Inn at Deep Canyon for penalty and interest paid in the amount of $654.77 in connection with underpayment of 2005 T.O.T. H. REQUEST FOR RATIFICATION of the City Manager's Authorization of Repair to the City's Bucket Truck and Approval of this OEM (Original Equipment Manufacturer) on the List of Approved Vendors for FY 2006/07. Rec: By Minute Motion, ratify the City Manager's authorization to pay the invoice from Altec Industries, Birmingham, Alabama, for repair to the City's bucket truck in the amount of $1,704.90, and authorize this vendor for the City's Approved OEM List for the remainder of FY 2006/07 I. REQUEST FOR APPROVAL of Change Order No. 2 -- Contract No. C25270 -- Construction of the Traffic Signal and Street Improvements at Highway 74 and Shadow Mountain Drive. Rec: By Minute Motion: 1) Approve Change Order No. 2 in the amount of $41,461.76 to the subject contract with Granite Construction Company, Indio, California; 2) authorize the transfer of $41,461.76 from contingency to base for the contract; 3) authorize the Mayor to execute Change Order No. 2. J. REQUEST FOR APPROVAL of a Reimbursement Agreement with the City of Rancho Mirage for Preparation of the Monterey Avenue Widening Project Traffic Study (Contract No. C26310, Project No. 640-07). Rec: By Minute Motion, approve the subject agreement with the CIty of Rancho Mirage and authorize the Mayor to execute same. K. REQUEST FOR APPROVAL of the 2007 "Summer of Fun" Concert Schedule and Attendant Performing Arts Contracts. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 Rec: By Minute Motion: 1) Approve the attached proposed line-up for the 2007 "Summer of Fun" Concert Series; 2) authorize the Mayor to execute the following contracts as presented: a) Contract No. C26320A - Derek Davis (Rockit Scientist) - $2,300; b) Contract No. C26320B - Steve Swartout (The Cody Bryant Show) - $2,000; c) Contract No. C26320C - Steve Madaio (Steve Madaio and Friends) - $7,300; d) Contract No. C26320D - John Stanley King (The John Stanley King Band) - $2,000; e) Contract No. C26320E - Kal David (Kal David and the Real Deal featuring Lauri Bono) - $2,500; f) Contract No. C26320F - Shirley Villegas (Evaro's) - $3,000; g) Contract No. C26320G - Redlands Symphony Orchestra - $18,000. Funds in the amount of $37,100 are available in Account No. 110-4416- 14-3061 to produce these activities, and no appropriation is needed or requested. L. REQUEST FOR APPROVAL of a Purchase Order for the 2007 "Summer of Fun" Movies Series. Rec: By Minute Motion, approve a Purchase Order in the amount of $13,307 with Live Oak Multimedia, Indio, California, for movies, professional staff, and audio/visual equipment for the 2007 "Summer of Fun" movies. M. REQUEST FOR APPROVAL of Out-of-State Travel for the Americans For the Arts Annual Convention: "Risk and Reward: Balancing Acts in Arts and Community." Rec: By Minute Motion, approve the subject request for travel by the Public Art Coordinator and Public Art Technician to attend the 2007 Americans For the Arts Annual Convention in Las Vegas, Nevada, May 31 - June 3, 2007 -- funds are available in Account No. 436- 4650-454-3120. N. INFORMATIONAL REPORT: City of Palm Desert Branding Plan. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 Rec: Receive and file. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS XIII. ORDINANCES For Introduction: For Adoption: A. ORDINANCE NO. 1132 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND PALM DESERT FUNDING COMPANY, L.P., A DELAWARE LIMITED PARTNERSHIP Case No. DA 06-02 Related To C/Z 06-04 (Palm Desert Funding Company, L.P., Applicant). Rec: Waive further reading and adopt. Action: B. ORDINANCE NO. 1133 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 14.01 OF TITLE 14 OF THE PALM DESERT MUNICIPAL CODE BY ADDING NEW SECTIONS 14.01.082 AND 14.01.084 RELATING TO A SUPPORT FEE FOR LOCAL CABLE USAGE AND SPECIAL PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES. Rec: Waive further reading and adopt. Action: C. ORDINANCE NO. 1134 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 2 OF THE PALM DESERT MUNICIPAL CODE, ADDING CHAPTER 2.72 RELATIVE TO APPEAL PROCEDURES TO THE CITY COUNCIL. Rec: Waive further reading and adopt. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 XIV. NEW BUSINESS A. CONSIDERATION OF THE AUTHORIZATION TO ISSUE LIMITED OBLIGATION IMPROVEMENT BONDS, SERIES 2007, IN CONNECTION WITH THE CITY OF PALM DESERT SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02) AND APPROVAL OF RELATED DOCUMENTS AND AGREEMENTS. Rec: 1) Waive further reading and adopt Resolution No. 07-12, authorizing the issuance and sale of the City's Limited Obligation Improvement Bonds, Series 2007, in a principal amount not to exceed $40,000,000 in connection with the City of Palm Desert Section 29 Assessment District (No. 2004-02) and approving certain documents and taking certain other actions in connection therewith. 2) By Minute Motion, approve payment to Capital Realty Associates for $40,000 for the related appraisal and absorption study. Action: B. CONSIDERATION OF THE AUTHORIZATION TO ISSUE SPECIAL TAX BONDS, SERIES 2007, OF CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT (CFD) NO. 2005-1 (UNIVERSITY PARK) AND APPROVAL OF RELATED DOCUMENTS. Rec: 1) Waive further reading and adopt Resolution No. 07-13, authorizing the issuance of the City's Special Tax Bonds, Series 2007, in a principal amount not to exceed $20,000,000 and approving certain documents and taking certain other actions in connection therewith. 2) By Minute Motion, approve payment to Capital Realty Associates for $35,000 for the related appraisal and absorption study. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 C. REQUEST FOR APPROVAL OF CONTRACT FOR PAYMENT TO RELOCATE TRANSMISSION POLES AND ATTACHMENTS ON GERALD FORD DRIVE (SECTION 29 ASSESSMENT DISTRICT). Rec: By Minute Motion, authorize: 1) Appropriation for the relocation of transmission poles and attachments in the amount of $397,197.97; 2) staff to enter into the necessary contract with Southern California Edison for the relocation of transmission poles and attachments; 3) staff to transfer funds from the General Fund to the Improvement Fund for this purpose. Action: D. REQUEST FOR AWARD OF CONTRACT FOR PAINTING OF THE EXTERIOR OF THE PALM DESERT CIVIC CENTER (CONTRACT NO. C26200). Rec: By Minute Motion, authorize: 1) The City Manager to award the subject contract to Best Quality Painting, Indian Wells, California, in the amount of $28,000 for the supplies and labor necessary to paint the exterior of the Palm Desert Civic Center; 2) the Director of Finance to set aside up to $10,000 for Special Services to be used for the known/unknown repairs in the building's surface -- funds are available in Fund 400. Action: E. REQUEST FOR AWARD OF CONTRACT FOR THE CITYWIDE TREE PRUNING PROGRAM (CONTRACT NO. C26210, PROJECT NO. 932- 07) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion, award the subject contract to Tree Elements, Inc., Yorba Linda, California, in the amount of $229,710, authorize a 10% contingency in the amount of $22,971, and the Mayor to execute said contract -- funds are available in various General Fund accounts, respective Assessment District and Housing Authority 2006/07 facility budgets. Action: F. INFORMATIONAL REPORT REGARDING THE 2007/08 PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY (CVA) MARKETING PLAN. Rec: By Minute Motion, receive and file the subject informational report. 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 Action: XV. CONTINUED BUSINESS A. 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 meetings of January 25 and February 22, 2007). Rec: By Minute Motion, receive and file the response from Palm Desert Greens Association regarding the proposed median modification on Frank Sinatra Drive. Action: B. REQUEST FOR AWARD OF CONTRACT FOR PROFESSIONAL DESIGN SERVICES FOR PARKING LOT IMPROVEMENTS AT THE PRESIDENTS' PLAZA I (EAST/WEST) BUSINESS IMPROVEMENT DISTRICT (CONTRACT NO. C26260) (Continued from the meeting of February 22, 2007). Rec: By Minute Motion, continue this item to the meeting of April 12, 2007. Action: XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 2 - CONTRACT NO. C22310A -- DESIGN SERVICES ASSOCIATED WITH THE MONTEREY AVENUE/INTERSTATE 10 INTERCHANGE PROJECT. Rec: By Minute Motion, approve of and authorize the Mayor to execute Amendment No. 2 in the amount of $67,948 to the subject contract with RBF Consulting, Inc., Ontario, California, for landscaping and aesthetic design services for the Monterey Avenue Interchange Ramp Improvement Project on Interstate 10 -- funds are available in the Project Account, No. 213-4389-433-4001. Action: B. REQUEST FOR APPROVAL OF CONSTRUCTION OF THE FRED WARING DRIVE SOUNDWALL AT THE DESERT BREEZES COMMUNITY. 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 Rec: By Minute Motion, approve construction of the Fred Waring Drive Soundwall at the Desert Breezes Community as proposed in Option Two of the accompanying staff report. Action: XVII. PUBLIC HEARINGS A. CONSIDERATION OF A CITY COUNCIL REQUEST FOR REVIEW OF A PLANNING COMMISSION DECISION APPROVING A PRECISE PLAN OF DESIGN FOR A 2,770 SQUARE-FOOT WORLD SAVINGS/WACHOVIA BANK AT 73-051 HIGHWAY 111 (APN 627-192- 043) Case No. PP 06-11 (Studio E Architects, Applicant). Rec: Waive further reading and adopt Resolution No. 07-14, affirming the action of the Planning Commission, subject to conditions. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK A. Reminder of the City Council Study Session with the City's Legislative Advocate in Sacramento, Anthony Gonsalves, on Thursday, March 22, 2007, at 2:00 p.m. D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 8, 2007 o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: March 7, 2007 3:30 p.m. Housing Commission (Adj. Mtg.) North Wing Conference Room March 13, 2007 12:00 a.m. Architectural Review Commission Community Services Conference Room March 14, 2007 3:30 p.m. Housing Commission -CANCELED- 3:30 p.m. Public Safety Commission Administrative Conference Room March 19, 2007 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room March 20, 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 March 21, 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 March 22, 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 2nd day of March, 2007. Rachelle D. Klassen, City Clerk 10