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Home My WebLink AboutAGENDA 10 APR 2008 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 10, 2008 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) ADDENDUM POSTED 4-7-08 2) Property: 43-915 Portola Avenue, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Martin Alvarez/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Dianne Dorrough Trust Other Parties: Under Negotiation: x Price x Terms of Payment 2) ADDENDUM POSTED 4-7-08 3) Property: 43-895 Portola Avenue, Palm Desert Negotiating Parties: Agency: Carlos L. Ortega/Martin Alvarez/City of Palm Desert/Palm Desert Redevelopment Agency POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 Property Owner: Rutilio & Dominga Perez Other Parties: Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS - B IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE - MARCH 2008. Rec: 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 March 27, 2008. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 206, 207, 211, 212, 216, 217, 221, and 222. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 Rec: Approve as presented. C. CITY'S/AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for November 2007, December 2007, January 2008, and February 2008 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by American Male, 36-901 Cook Street, Suite 5, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jalapeno's Spicy Mexican Grill, 72-286 Highway 111, Suite J5, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sushi Cafe, 36-901 Cook Street, Suite 6, Palm Desert. Rec: Receive and file. G. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Historic Preservation Committee Meeting of January 29, 2008. H. 2. Parks & Recreation Commission Meeting of February 19, 2008. Rec: Receive and file. H. REQUEST FOR ADOPTION of Resolutions Authorizing Destruction of Paper Files from the Department of Building & Safety That Have Been Digitally Imaged Onto CDs. Rec: Waive further reading and adopt Resolution: 1) No. 08-19 for October 2007 records; 2) No. 08-20 for November 2007 records; 3) No. 08-21 for December 2007 records; 4) No. 08-22 for January 2008 records. I. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU) Between the City of Riverside and the City of Palm Desert for the "Avoid The 30 Enforcement Program" (Contract No. C27560). Rec: By Minute Motion, approve the subject MOU between the City of Riverside and the City of Palm Desert to participate in the "Avoid 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 The 30 Enforcement Program" grant that will be administered by the City of Riverside. J. REQUEST FOR AUTHORIZATION to expend Cal COPS Grant Funds (Supplemental Law Enforcement Services Fund - SLESF) 2007/08 to Purchase 500 City of Palm Desert Police Uniform Patches. Rec: By Minute Motion: 1) Authorize the expenditure of Cal COPS Grant Funds (Supplemental Law Enforcement Services Fund - SLESF) 2007/08 to purchase 500 City of Palm Desert Police uniform patches in an estimated amount of $1,131.38; 2) authorize the use of West End Uniforms as a sole source vendor for this product. K. REQUEST FOR APPROVAL of Honorariums for Each of the Four Artists Presenting Proposals for the Painter's Path Project (Contract Nos. C27570A-D). Rec: By Minute Motion, approve honorariums in the amount of $2,000 each to Gary Price, Dee Clements, Terry Allen, and Clay Dahlberg for the Painter's Path Project - funds are available in Account No. 436-4650-454-3010. L. CONSIDERATION of Legislative Review Committee Action on AB 2069 (Jones) - Residential Development. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 25, 2008, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2069 (Jones). M. CONSIDERATION of Legislative Review Committee Action on AB 2097 (Coto) - Low and Moderate Income Housing Fund. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 25, 2008, meeting, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 2097 (Coto) N. CONSIDERATION of Legislative Review Committee Action on AB 2335 (Nakanishi) - Building Permits. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 25, 2008, meeting, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 2335 (Nakanishi). 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 O. CONSIDERATION of Legislative Review Committee Action on AB 2601 (Benoit) - Vehicle License Fee. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 25, 2008, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2601 (Benoit). P. CONSIDERATION of Legislative Review Committee Action on AB 2604 (Torrico) - Developer Fees. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 25, 2008, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2604 (Torrico). Q. CONSIDERATION of Legislative Review Committee Action on AB 2676 (Calderon) - Transient Occupancy Taxes. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 25, 2008, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2676 (Calderon). R. CONSIDERATION of Legislative Review Committee Action on AB 1433 (Wyland) - Mobile Home Parks. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 25, 2008, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1433 (Wyland). S. CONSIDERATION of Legislative Review Committee Action on AB 1473 (Calderon) - Green Buildings. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its March 25, 2008, meeting, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1473 (Calderon). T. INFORMATIONAL REPORTS: 1. 2007 Annual Public Safety Reports. U. 2. Report Outlining the Process for Changing the Street Name from Highway 74 to Monterey Avenue. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 Rec: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 08-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SURRENDERING THE PERMIT FOR THE COACHELLA VALLEY FRINGE-TOED LIZARD HABITAT CONSERVATION PLAN. Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 08-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPLACING AND SUPERCEDING RESOLUTION NO. 94-88, RELATING TO THE PRODUCTION OF DOCUMENTS. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1153 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUIRING COMPLETION OF A COURSE ON OVERSEEDING ALTERNATIVE AS A PREREQUISITE FOR ISSUANCE OF A BUSINESS LICENSE TO LANDSCAPE-RELATED BUSINESSES IN THE CITY OF PALM DESERT. Rec: Waive further reading and pass to second reading. Action: For Adoption: XIV. NEW BUSINESS 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 A. CONSIDERATION OF AN APPEAL OF A DECISION BY THE DIRECTOR OF COMMUNITY DEVELOPMENT, REVOKING A HOME-BASED BUSINESS PERMIT FOR SANCHO'S LANDSCAPING - 77-740 DELAWARE PLACE (APN 637-160-039), PALM DESERT Case No. Home-based Business Permit No. 05-34941 (Manuel and Trudy Sanchez, Appellants). Rec: By Minute Motion, continue this matter to the meeting of April 24, 2008, to allow for the final inspection, as outlined in the letter dated March 3, 2008, from Best, Best & Krieger (copy attached to the accompanying staff report). Action: B. REQUEST FOR AWARD OF CONTRACT FOR THE 2008 CITYWIDE RESTRIPING PROJECT (CONTRACT NO. C27470, PROJECT NO. 564- 08). Rec: By Minute Motion: 1) Award the subject contract to JP Striping, Inc., Beaumont, California, in the amount of $315,000; 2) set aside a 10% contingency for the contract in the amount of $31,500; 3) appropriate $196,500 from Unobligated General Fund to the Project Account, No. 110-4315-433-3320 for the contract; 4) authorize the Mayor to execute said contract. Action: C. REQUEST FOR AWARD OF CONTRACT FOR THE CITYWIDE DRYWELL REMOVALS PROJECT TO SIMON CONTRACTING (CONTRACT NO. C27580, PROJECT NO. 500-08). Rec: By Minute Motion: 1) Award the subject contract to Simon Contracting, Indio, California, in the amount of $100,214; 2) set aside a 10% contingency for the project; 3) authorize the Mayor to execute said contract. Action: XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF THE AMENDED CITY OF PALM DESERT CELLULAR PHONE POLICIES (Continued from the meeting of March 27, 2008). Rec: By Minute Motion, approve the Amended Wireless Cellular Phone Stipend Policy and the Push-to-Talk Cellular Phone Policy. 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2008 Action: XVI. OLD BUSINESS A. REQUEST FOR FURTHER DISCUSSION ON THE IMPLEMENTATION OF ONE OF TWO ALTERNATIVES TO COMPLETE THE WIDENING OF SOUTHBOUND PORTOLA AVENUE BETWEEN THE WHITEWATER BRIDGE AND MAGNESIA FALLS DRIVE (PROJECT NO. 657-08). Rec: By Minute Motion: 1) Direct staff to proceed with the full widening of southbound Portola Avenue between the Whitewater Bridge and Magnesia Falls; 2) award Contract No. C27510 to Harvey- Meyerhoff Consulting Group, Carlsbad, California, in the amount of $30,570 for environmental services to complete the Initial Study and Mitigated Negative Declaration of Environmental Impact for the project; 3) authorize the Mayor to execute said contract - funds are available in Account No. 440-4359-433-4001. Action: XVII. PUBLIC HEARINGS XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK A. Consideration of the September 25, 2008, City Council Meeting Relative to the League of California Cities Annual Conference in Long Beach, September 24-27, 2008. D. PUBLIC SAFETY o Fire Department o Police Department 8