HomeMy WebLinkAboutAGENDA 27 SEP 2007
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 27, 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: 43-915 Portola Avenue, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: Dianne Dorrough Trust
Under Negotiation: x Price x Terms of Payment
2) Property: 43-895 Portola Avenue, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: Rutilio & Dominga Perez
Under Negotiation: x Price x Terms of Payment
3) Property: 43-878 Portola Avenue, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: Josephine Gaudio
Under Negotiation: x Price x Terms of Payment
4) Property: 43-845 Portola Avenue, Palm Desert
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: Don & Dorothy Thompson
Under Negotiation: x Price x Terms of Payment
5) Property: 72375 Upper Way West, Palm Desert (APN 628-130-014)
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: Janice C. Wood Living Trust, Dated 10-31-96
Under Negotiation: x Price x Terms of Payment
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. Cannahelp, Riverside County Superior Court
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 TO THE FLAG OF THE
UNITED STATES OF AMERICA - Councilman Robert A. Spiegel
VII. INVOCATION - Mayor Pro Tem Jean M. Benson
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007
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 TO RECOGNIZE CITY OF PALM DESERT/PALM
DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR
EXCEPTIONAL SERVICE - AUGUST 2007
Action:
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 September 13, 2007.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 52, 64, 68, 71, and 79.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by El Rodeo
Cafe, 44-820 San Pablo Avenue, Palm Desert
Rec: Receive and file.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fresh &
Easy, 72-885 Highway 111, Palm Desert.
Rec: Receive and file.
E. CITY COMMITTEE/COMMISSION MEETING MINUTES
1. Parks & Recreation Commission Meetings of August 21, 2007, and
September 4, 2007.
2. Youth Committee Meeting of June 23, 2007.
Rec: Receive and file.
F. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Appropriate Disposal (Desert Willow Golf Resort Miscellaneous Office and
Groundskeeping Equipment).
Rec: By Minute Motion, declare the items listed in the accompanying
staff report as surplus property and authorize disposal as indicated.
G. REQUEST FOR APPROVAL of Contract for StateNew Legislative
Tracking Services - March 2008 to February 2009 (Contract No. C26980).
Rec: By Minute Motion, approve the subject contract with StateNet,
Sacramento, California, in the amount of $1,890 to provide
legislative and regulatory reporting services and authorize the
Mayor to execute same -- funds are available in Account No. 110-
4112-410-3060.
H. REQUEST FOR APPROVAL of Change Order Nos. 1 and 2 to Contract
No. C26800 -- Construction of the Freedom Park Community Garden.
Rec: By Minute Motion, approve the following for the subject contract
with Larios Builders, Anza, California: 1) Change Order No. 1 in
the amount of $3,118.23; 2) Change Order No. 2 in the credit
amount of ($203.70) -- funds are available in the contingency set
aside for this project, Account No. 400-4546-454-4001.
I. REQUEST FOR APPROVAL of $10,000 Sponsorship for the Annenberg
Theater's Opening Night Benefit Concert, Sunday, November 4, 2007.
Rec: By Minute Motion: 1) Approve a $10,000 sponsorship for the
Annenberg Theater; 2) appropriate $10,000 for the sponsorship
from Account No. 110-4159-415-3125; 3) determine that the
sponsorship is a benefit to the City.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007
J. REQUEST FOR APPROVAL of Beer Concession for the 2007 Golf Cart
Parade.
Rec: By Minute Motion, permit the sale, possession, and consumption of
alcoholic beverages on City-owned property located at the
northeast corner of El Paseo and Larkspur Drive in connection with
a special event, the 2007 Palm Desert Gold Cart Parade scheduled
to be held Sunday, October 28.
Action:
XI. CONSENT ITEMS HELD OVER
XII. RESOLUTIONS
None
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT,
PALM DESERT MIDDLE SCHOOL FOUNDATION, AND CITY OF PALM
DESERT AS IT RELATES TO PARTICIPATION IN AN AFTER SCHOOL
PROGRAM AT PALM DESERT MIDDLE SCHOOL AND ATTENDANT
APPROPRIATION TO IMPLEMENT SAID PROGRAM (CONTRACT NO.
C26990).
Rec: By Minute Motion: 1) Authorize the Mayor to execute the subject
MOU between Desert Sands Unified School District, Palm Desert
Middle School Foundation, and City of Palm Desert as it relates to
participation in an After School Program at Palm Desert Middle
School; 2) appropriate $55,631 from the Unobligated General Fund
to Account No. 110-4800-454-3892 for this purpose.
Action:
B. REQUEST FOR AWARD OF CONTRACT FOR THE 2007 CITYWIDE
STREETS RESURFACING PROGRAM (CONTRACT NO. C26570,
PROJECT NO. 752-07).
Rec: By Minute Motion: 1) Award the subject contract to Granite
Construction Company, Indio, California, in the amount of
$3,322,233.00; 2) approve a 10% contingency for the project in the
amount of $332,223.30; 3) authorize the Mayor to execute the
subject contract - funds are available in Account No. 110-4311-433-
3320.
Action:
C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
IMPROVEMENTS ON COUNTRY CLUB DRIVE MEDIANS FROM
MONTEREY AVENUE TO PORTOLA AVENUE (CONTRACT NO.
C25030A, PROJECT NO. 934-06).
Rec: By Minute Motion: 1) Award the subject contract to Park West
Landscape, Inc., Corona, California, in the amount of $663,719.55;
2) approve a 10% contingency of $66,371.96 for the project; 3)
authorize the Mayor to execute said contract - funds are available
in Account No. 400-4614-433-4001.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007
D. REQUEST FOR DIRECTION RELATED TO BUS SHELTER
ADVERTISING AND MAINTENANCE IN THE CITY OF PALM DESERT.
Rec: By Minute Motion, direct staff to: 1) Prohibit advertising on bus
shelters within City limits; 2) appropriate $38,000 from the FY
2007/08 Unobligated General Fund to pay SunLine Transit Agency,
Thousand Palms, California (SunLine), for the maintenance of all
bus shelters in Palm Desert, making similar allocations for shelter
maintenance in future years; 3) develop a program in cooperation
with SunLine to begin replacing advertising bus shelters throughout
the City with shelters that do not include ads.
Action:
XV. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF THE PALM DESERT STRATEGIC
SOLAR PLAN WITH PHASES ONE, TWO, AND THREE (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY ) (Continued from the meeting of September 13, 2007).
Rec: By Minute Motion: 1) Adopt the Palm Desert Strategic Solar Plan;
2) authorize staff to return to the City Council with a Management
Contract for Services and activities listed in the Strategic Solar
Plan; 3) authorize appropriation of $1,000,000 from the Palm
Desert Redevelopment Agency's unallocated Project area Nos. 1,2,
3, and 4 Funds for Phase One funding, subject to members of the
Palm Desert Partnership supporting the application for CPUC
(California Public Utility Commission) funds for photovoltaic
incentives for future Phases Two and Three; 4) authorize the City
Manager to begin negotiations with outside agencies to secure
additional funding for Phases Two and Three.
Action:
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF AGREEMENT FOR THE
LANDSCAPING/SCREENING OF PALM DESERT MOBILE ESTATES
(CONTRACT NO. C26960).
Rec: To be provided.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007
B. INFORMATIONAL REPORT ON SHOPPING CART RETRIEVAL IN THE
CITY OF PALM DESERT
Rec: Receive and file.
Action:
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION
DENIAL OF AN AMENDMENT TO DEVELOPMENT AGREEMENT 02-01
TO ALLOW THE DIVISION OF HOMES FROM FOUR (4) TO 12
FRACTIONAL INTERESTS WITHIN THE STONE EAGLE PROJECT,
WEST OF HIGHWAY 74 AT HOMESTEAD ROAD - APPLICATION HAS
SINCE BEEN REVISED TO NINE (9) FRACTIONAL INTERESTS ON A
MAXIMUM 20 UNITS Case No. DA 02-01 Amendment #1 (Eagle 6.5 LLC,
Applicant/Appellant) (Re-advertised for the meeting of September 27,
2007).
Rec: Waive further reading and adopt Ordinance No. 1142, approving an
amendment to the Stone Eagle Development Agreement, including
a Negotiated Facilities Impact Fee similar to other timeshare
projects within the City.
Action:
B. CONSIDERATION OF RESCINDING ORDINANCE NO. 705 § 1 (PART)
AND APPROVING A NOTICE OF EXEMPTION AND AN AMENDMENT
TO TITLE 10 (VEHICLES AND TRAFFIC) OF THE PALM DESERT
MUNICIPAL CODE, REPLACING CHAPTER 10.50 - VALET PARKING
TO CHANGE THE PROCEDURES FOR ISSUANCE OF VALET
PARKING PERMITS AND TO REVISE THE PENALTIES FOR FAILURE
TO COMPLY WITH REQUIREMENTS OF THE ORDINANCE (City of
Palm Desert, Applicant).
Rec: Waive further reading and pass Ordinance No. 1143 to second
reading, rescinding Ordinance No. 705 § 1 (Part) and approving a
Notice of Exemption and an amendment to Title 10 (Vehicles and
Traffic) of the Palm Desert Municipal Code, replacing Chapter
10.50 - Valet Parking to change the procedures for issuance of
valet parking permits and to revise the penalties for failure to
comply with requirements of the Ordinance.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2007
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
o City Council Requests for Action:
o City Council Committee Reports:
o City Council Comments:
XIX. ADJOURNMENT
FUTURE MEETINGS:
October 2, 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
October 9, 2007 12:00 p.m. Architectural Review Commission
Community Services Conference Room
October 10, 2007 3:30 p.m. Housing Commission
North Wing Conference Room
3:30 p.m. Public Safety Commission
Administrative Conference Room
October 11, 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 21st day of September, 2007
Rachelle D. Klassen, City Clerk
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