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Home My WebLink AboutAGENDA 24 APR 2008 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 24, 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) Property: 44-854 San Clemente Circle, Palm Desert (APN 627-071-023) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Peggylee F. Bridwell 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. County of Riverside (Lamar Advertising), Riverside County Superior Court, Case No. RIC485078 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 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 Richard S. Kelly VIII. ORAL COMMUNICATIONS – B IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF APRIL 2008 AS "NATIONAL CHILD ABUSE PREVENTION MONTH" IN THE CITY OF PALM DESERT. Action: B. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF MAY 2008 AS "MENTAL HEALTH MONTH' IN THE CITY OF PALM DESERT. Action: C. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF MAY 5-11, 2008, AS "BUILDING AND SAFETY WEEK 2008" IN THE CITY OF PALM DESERT. Action: D. APPOINTMENT TO THE ARCHITECTURAL REVIEW COMMISSION. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 Rec: Subject to the applicant interview to be conducted Thursday, April 24, 2008, at 3:30 p.m., by Minute Motion, appoint Pam Touschner to the Architectural Review Commission to fill the unexpired term of Ray Lopez (term 12/31/08). 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 April 10, 2008. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 223, 227, 228, 229, 233, and 234. Rec: Approve as presented. C. CLAIMS AGAINST THE CITY (#619) by Paul Leprevost in an Unspecified Amount. Rec: By Minute Motion, reject the Claim, which is being tendered to the contractor, Herman Weissker, Inc., and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#620) by Mercury Insurance (Eric Armstrong) in the Amount of $55,221.63. Rec: By Minute Motion, reject the Claim, and direct the City Clerk to so notify the Claimant. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Roc's Firehouse Grille Station 2, 36-891 Cook Street, Suite 10, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 1. Public Safety Commission Meeting of March 12, 2008. 2. Youth Committee Meeting of March 3, 2008. Rec: Receive and file. G. LETTER OF RESIGNATION from Harry Church - Citizen's Advisory Committee for Project Area #4. Rec: Receive with very sincere regret. H. REQUEST FOR AUTHORIZATION for the Mayor to Execute the National Pollutants Discharge Elimination System (NPDES) Implementation Agreement (Contract No. C13360A). Rec: By Minute Motion, authorize the Mayor to execute the National Pollutant Elimination Discharge System Stormwater Discharge Permit Implementation Agreement. I. REQUEST FOR APPROVAL of the Purchase of Panasonic Toughbook® Field Computers for the Department of Building & Safety in the Amount of $32,000. Rec: By Minute Motion, approve the purchase of seven (7) Panasonic Toughbook® field computers in the amount of $32,000 for field inspection personnel for the Department of Building & Safety - funds are available in Account No. 110-4420-422-4040. J. CONSIDERATION of Request from the Palm Desert Police Department for Authorization to Expend Cal COPS (Supplemental Law Enforcement Funds \[SLEF\]) Funds, Specifically to Staff and Implement an Additional Sobriety/Drivers License Compliance Checkpoint. Rec: By Minute Motion, approve Cal COPS Funds expenditure and authorize the Palm Desert Police Department to staff and implement an additional Sobriety/Drivers License Compliance Checkpoint in the City of Palm Desert in the amount of approximately6 $15,000 - funds are available in the Cal COPS Supplemental Law Enforcement Funds, Account No. 229-4210- 422-3914, and no additional appropriation is required. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 K. CONSIDERATION of Request from the Palm Desert Police Department for Authorization to Expend Cal COPS (Supplemental Law Enforcement Funds \[SLEF\]) Funds for the Purchase of 20 Digital Cameras, Recorders, Cases, Memory Cards, and Related Accessories. Rec: By Minute Motion, approve Cal COPS Funds expenditure for: 1) Purchase of 20 digital cameras, recorders, cases, and memory cards to outfit the next phase of the Police Department staff; 2) purchase of 30 sets of rechargeable batteries and chargers to support the Department's existing cameras and for the new units - funds are available in the Cal COPS Supplemental Law Enforcement Funds, Account No. 229-4210-422-3914, and no additional appropriation is required. L. CONSIDERATION of a Recommendation to Support Pending Legislation - AB 2564 (Garcia) - Irrigation Districts. Rec: By Minute Motion, authorize the Mayor and City Council to send a letter of support for AB 2564 (Garcia). Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 08-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, IN OPPOSITION TO THE GOVERNOR'S PROPOSED 2008-2009 BUDGET RELATIVE TO EDUCATION FUNDING. Rec: Waive further reading and adopt. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1154 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 8.36 - REGULATION AND PROHIBITION OF SMOKING - REGARDING SECONDHAND SMOKE. Rec: Waive further reading and pass to second reading. Action: For Adoption: A. ORDINANCE NO. 1153 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUIRING COMPLETION OF A COURSE ON OVERSEEDING ALTERNATIVES AS A PREREQUISITE FOR ISSUANCE OF BUSINESS LICENSE TO LANDSCAPE-RELATED BUSINESSES IN THE CITY OF PALM DESERT. Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF A MID-YEAR BUDGET ADJUSTMENT FOR PROMOTIONAL ACTIVITIES ASSOCIATED WITH THE CITY OF PALM DESERT'S "SET TO SAVE" PROGRAM. Rec: By Minute Motion, appropriate $128,000 from Unobligated General Fund to Account No. 110-4511-442-3223 for 3rd and 4th Quarter "Set To Save" Promotional Activities. Action: B. CONSIDERATION OF REQUEST FROM THE PALM DESERT POLICE DEPARTMENT FOR AUTHORIZATION TO PURCHASE TWO (2) AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS (ALPR) AND RELATED EQUIPMENT. 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 Rec: By Minute Motion, authorize the purchase of two (2) Automated License Plate Recognition Systems (ALPR), a computer server for storing of data, ancillary equipment, warranties, and licensing in the amount of $65,508.16 - funds are available in the Police General Fund, Account No. 110-4210-422-4045, and no additional appropriation is required. Action: C. REQUEST FOR AWARD OF CONTRACT FOR CITYWIDE PALM TREE PRUNING AND REMOVAL PROGRAM 2008 (CONTRACT NO. C27430, PROJECT NO. 931-08) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion: 1) Waive the bid document's irregularity and award Contract No. C27430 for the Citywide Palm Tree Pruning and Removal Program 2008 to Tree Rite, Bermuda Dunes, California, in the total amount of $86,268 (City - $76,356, Housing Authority - $9,912); 2) authorize the Director of Finance to set aside an additional 10% contingency in the amount of $8,626.80 (City - $7,635.60, Housing Authority - $991.20); 3) authorize the Director of Finance to appropriate $9,912 of the total contract amount to the respective Housing Authority Landscape Maintenance Budget line items, plus set aside $991.20 of the total contingency to the respective Housing Authority Landscape Maintenance Budget; 4) authorize the Mayor to execute said contract. Action: D. REQUEST FOR AWARD OF CONTRACT FOR CITYWIDE TREE PRUNING PROGRAM 2008 (CONTRACT NO. C27440, PROJECT NO. 932-08) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion: 1) Award Contract No. C27440 for the Citywide Tree Pruning Program 2008 to West Coast Arborist, Inc., Anaheim, California, in the total amount of $64,850 (City - $55,252.20, Housing Authority - $9,597.80); 2) authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $6,485 (City - $5,525.22, Housing Authority - $959.78); 3) authorize the Director of Finance to appropriate $9,597.80 of the total contract amount to the respective Housing Authority Landscape Maintenance Budget line items, plus set aside $959.78 of the total contingency to the respective Housing Authority Landscape Maintenance Budget; 4) authorize the Mayor to execute said contract. 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 Action: E. REQUEST FOR AWARD OF CONTRACT FOR CITYWIDE TREE REMOVAL PROGRAM 2008 (CONTRACT NO. C27450, PROJECT NO. 933-08) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion: 1) Reject lowest bidder's proposal as non- responsive; 2) waive the second lowest bidder's documents' irregularity and award Contract No. C27450 for the Citywide Tree Removal Program 2008 to Tree Rite, Bermuda Dunes, California, in the total amount of $23,640 (City - $18,840, Housing Authority - $4,800); 3) authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $2,364 (City - $1,884, Housing Authority - $480); 4) authorize the Director of Finance to appropriate $4,800 of the total contract amount to the respective Housing Authority Landscape Maintenance Budget line items, plus set aside $480 of the total contingency to the respective Housing Authority Landscape Maintenance Budget; 5) authorize the Mayor to execute said contract. Action: F. REQUEST FOR AUTHORIZATION FOR THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH TOSCANA LAND, LLC, FOR CONSTRUCTION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF HOVLEY LANE EAST AND ELDORADO DRIVE (CONTRACT NO. C27600). Rec: By Minute Motion: 1) Authorize the Mayor to execute a Reimbursement Agreement with Toscana Land, LLC, for construction of a traffic signal at the intersection of Hovley Lane East/Eldorado Drive; 2) appropriate $177,500 from Unobligated Fund 400 to Project Account, No. 400-4392-433-4001 for this purpose. Action: G. REQUEST FOR AUTHORIZATION FOR THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A CONDITIONAL AGREEMENT IN SUPPORT OF LETTER OF CREDIT FOR THE SECTION 29 ASSESSMENT DISTRICT, NO. 2004-02 (CONTRACT NO. C25570B). Rec: By Minute Motion, authorize Director of Public Works Mark Greenwood, P.E., to execute the Conditional Agreement in support of the letter of Credit between Skanska USA Civil West, Riverside, California, and the City of Palm Desert. 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 Action: H. REQUEST FOR APPROVAL OF THE REPLACEMENT OF COMMUNITY PARK PLAYGROUND LOCATED BEHIND PALM DESERT MIDDLE SCHOOL ON PORTOLA AVENUE/MAGNESIA FALLS DRIVE AND AWARD OF CONTRACT FOR SAME (CONTRACT NO. C27610). Rec: By Minute Motion: 1) Reject the proposals of Stemmer Construction and Recreation Masters for non-responsiveness; 2) authorize replacement of the subject Community Park Playground; 3) award the subject contract to Linnert Builders, Orange California, in the amount of $201,327.53; 4) authorize a 10% contingency for the project in the amount of $20,132.75 - funds are available in Account No. 233-4618-454-4001. Action: XV. CONTINUED BUSINESS 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) (Continued from the meeting of April 10, 2008). 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: XVI. OLD BUSINESS A. UPDATE ON THE CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY, AND PALM DESERT HOUSING AUTHORITY STRATEGIC OBJECTIVES (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion, receive and file the Update on the City of Palm Desert, Palm Desert Redevelopment Agency, and Palm Desert Housing Authority Strategic Objectives. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 B. REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT AND REVISED RESOLUTION FOR THE SAKS FIFTH AVENUE EXPANSION AND THE EL PASEO VILLAGE REMODEL - SUBJECT PROPERTIES ARE LOCATED 73-425 THROUGH 73-545 EL PASEO (APNs 627-252- 004/005 and 627-261-006 Case Nos. PP 07-10, CUP 07-18 and DA 07-03 (Davis Street Land Company, Applicant). Rec: By Minute Motion, continue item to the meeting of May 8, 2008. Action: C. 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. 647-08). 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. 400-4359-433-4001. Action: XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Reminder of Joint City Council/Planning Commission Study Session - Housing Element Update, Thursday, May 8, 2008, 2:00 p.m. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2008 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: April 29, 2008 10:00 a.m. Historic Preservation Committee -CANCELED- May 5, 2008 6:00 p.m. Youth Committee Administrative Conference Room May 6, 2008 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber May 8, 2008 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 th not less than 72 hours prior to the meeting. Dated this 18 day of April, 2008. __________________________ Rachelle D. Klassen, City Clerk 11