The URL can be used to link to this page

Home My WebLink AboutAGENDA 24 MAY 2007 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 24, 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 Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs, Ltd., v. City of Palm Desert, et al., Riverside County Superior Court, Case No. INC053903 b) City of Palm Desert v. Hempie's, Inc., Riverside County Superior Court Case No. INC066628 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 Conference with Labor negotiator pursuant to Government Code Section 54957.6 Negotiating Party: Carlos L. Ortega/City of Palm Desert V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 Action: VI. PLEDGE OF ALLEGIANCE - Councilmember Cindy Finerty VII. INVOCATION - Mayor Richard S. Kelly 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 $50,000 CHECK TO PALM DESERT MIDDLE SCHOOL FOR ITS CHARTER DESIGNATION CAMPAIGN. Action: B. APPOINTMENT TO THE MARKETING COMMITTEE. Rec: By Minute Motion, appoint Theresa Maggio to the Marketing Committee to fill the vacancy created by the resignation of Ric Mandelbaum, with a term expiration of December 31, 2007. Action: X. CONSENT CALENDAR 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 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 May 10, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 225, 230, 233, 237, and 238. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ralphs Grocery Company, 74-884 Country Club Drive, Palm Desert. Rec: Receive and file. D. YOUTH COMMITTEE MINUTES for the Meeting of March 6, 2007. Rec: Receive and file. E. REQUEST FOR APPROVAL of a Joint Use Agreement with Southern California Edison for Utility Relocation Within the Section 29 Assessment District No. 2004-02 (Contract No. C26530). Rec: By Minute Motion, authorize the Mayor to execute the subject agreement for relocation of existing facilities in conjunction with construction of the Section 29 Assessment District No. 2004-02 Improvements. F. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C23830A - Landscape Improvements on Fred Waring Drive Median Phase I - Deep Canyon to California Avenue. Rec: By Minute Motion: 1) Authorize transfer of contingency funds in the amount of $8,702 to base contract for the subject project; 2) approve Change Order No. 1 in the amount of $8,702 to the subject contract with Sierra Landscape Co., Inc., Palm Desert, California. G. REQUEST FOR APPROVAL of Funds for Annual Computer Maintenance. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 Rec: By Minute Motion, approve payment of invoice from Sungard HTE in the amount of $49,019.68 for annual computer software maintenance - funds are available in Account No. 110-4190-415- 3360. H. CONSIDERATION of Request from the Joslyn Senior Center for Five Percent Budget Increase Effective with Fiscal Year 2007/08. Rec: By Minute Motion, approve the requested five percent increase to the Joslyn Senior Center operating budget effective immediately for present 2007/08 fiscal year operations. I. REQUEST FOR AUTHORIZATION to Submit the Fiscal Year 2007/08 Used Oil Recycling Grant Application (13th Cycle) to the California Integrated Waste Management Board. Rec: By Minute Motion, authorize staff to submit the subject application to the California Integrated Waste Management Board (CIWMB) and authorize the appropriation and expenditure of funds in the amount of $12,942 from the Recycling Fund, Account No. 236- 4195-454-3090. J. REQUEST FOR APPROVAL of Addendum to Contract for Maintenance of the City's Public Art Collection and Sculptures in the El Paseo Exhibition (Contract No. C23570). Rec: By Minute Motion, approve an addendum to the subject contract with Michael Volpone, Cathedral City, California, to perform miscellaneous repairs to the City of Palm Desert's Public Art Collection and El Paseo Exhibition - funds are available in Account No. 240-4650-454-3372. K. REQUEST FOR RATIFICATION OF "Click It or Ticket" Mini Grant Funding. Rec: By Minute Motion, ratify City Manager's approval of mini grant funding in the amount of $11,353.40 supplied by the California Office of Traffic Safety for implementation of the "Click It or Ticket" Seatbelt Compliance Program. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 L. 2006 ANNUAL PUBLIC SAFETY REPORTS Rec: By Minute Motion, receive and file the 2006 Annual Reports for the Palm Desert Police Department and the Palm Desert Fire Department. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1138 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 25.115 TO TITLE 25 OF THE PALM DESERT MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF PALM DESERT. Rec: Waive further reading and pass to second reading. Action: For Adoption: A. ORDINANCE NO. 1137 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESCRIBING THE PALM DESERT REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN. Rec: Waive further reading and adopt. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE PURCHASE OF FURNISHINGS FOR CITY COUNCIL OFFICES AND RELATED ACTIONS. Rec: By Minute Motion: 1) Approve the purchase of furnishings for City Council Offices in the amount of $51,579 from Total Plan Business Interiors, Inc., Riverside, California; 2) provide direction on proceeding with all or some of the proposed categories of furnishings; 3) declare existing furniture being replaced as surplus goods; 4) authorize the appropriation of $51,579 from the City's Unobligated Funds to Account No. 110-4159-415-4040 for this purpose; 5) authorize the Director of Finance to set aside a 10% contingency in the amount of $5,158 from Account No. 110-4159- 415-4040 - use of contingency requires additional action. Action: B. REQUEST FOR AWARD OF CONTRACT FOR PARK MAINTENANCE SERVICES (CONTRACT NO. C26380). Rec: By Minute Motion: 1) Determine that the PWLC II Inc. bid is non- responsive; 2) award the subject contract to Greenscape Landscape, Inc., Desert Hot Springs, California, in the amount of $273,000 and authorize the Mayor to execute same. Action: C. REQUEST FOR APPROVAL OF OUTSIDE AGENCY FUNDING (CHARITABLE CONTRIBUTIONS) FOR FISCAL YEAR 2007/08. Rec: By Minute Motion: 1) Review and approve the recommendation of the Outside Agency Funding Committee for charitable contributions in the amount of $444,500 to the named agencies in the accompanying staff report, with associated restrictions and conditions; 2) authorize the Mayor to execute the respective Outside Agency Funding Agreements with said agencies. Action: XV. CONTINUED BUSINESS None 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A PRECISE PLAN TO CONSTRUCT A 2,486 SQUARE-FOOT, TWO-STORY OFFICE PROFESSIONAL BUILDING WITH A 30-FOOT TOWER - PROPERTY LOCATED AT 73- 141 FRED WARING DRIVE Case No. PP 07-03 (Prest / Vuksic Architects, Bob and Marilyn Ford, Applicants) (Continued from the meeting of May 10, 2007). Rec: Waive further reading and adopt Resolution No. 07-33, approving Precise Plan 07-03. Action: B. CONSIDERATION OF STREET NAME CHANGE FOR HARRY F. KAVANAUGH COURT TO SUNSHINE COURT (Howard & Beverly Chuchian, Applicants). Rec: Waive further reading and adopt Resolution No. 07-34, approving a street name change for Harry F. Kavanaugh Court to Sunshine Court. Action: C. REQUEST FOR APPROVAL OF THE OUSIDE AGENCY FUNDING COMMITTEE'S FISCAL YEAR 2007/08 FUNDING RECOMMENDATIONS, ONE-YEAR ACTION PLAN, AND FIVE-YEAR CONSOLIDATION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATIONS. Rec: By Minute Motion: 1) Approve Outside Agency Funding Committee's FY 2007/08 recommendations as proposed; 2) approve FY 2007/08 One-year Action Plan; 3) approve the Five- year Consolidated Plan; 4) authorize the City Manager to sign One- year Action Plan Certification; 5) authorize staff to submit the Action Plan to the U.S. Department of Housing and Urban Development (HUD). Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 D. CONSIDERATION OF PUBLIC TESTIMONY OF THE PROGRESS OF THE PALM DESERT REDEVELOPMENT PROJECT AREAS (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Open the public hearing on the Five-year Implementation Plan Mid-process Review. 2) Receive public testimony. 3) Close the public hearing - no other City Council/Agency Board action is required. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK A. Reminder of Joint City Council, Redevelopment Agency, Housing Authority Study Session, Friday, June 1, 2007, 10:00 a.m., Regarding Preliminary Budgets FY 2007/08. Action: B. Reminder of City Council Study Session Thursday, June 14, 2007, 2:30 p.m. Regarding Palm Desert High School Renovation. Action: C. Consideration of Request to Schedule Study Session Thursday, June 14, 2007, at 2:00 p.m. to Receive a Presentation Regarding the Country Village Project. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2007 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: XIX. ADJOURNMENT FUTURE MEETINGS: May 29, 2007 10:00 a.m. Historic Preservation Committee Administrative Conference Room June 5, 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 June 12, 2007 12:00 p.m. Architectural Review Commission Community Services Conference Room June 13, 2007 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room June 14, 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 18th day of May, 2007. Rachelle D. Klassen, City Clerk 9