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Home My WebLink AboutAGENDA 10 JAN 2008 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 10, 2008 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ORAL COMMUNICATIONS – A (CLOSED SESSION ITEMS) 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: APN 628-130-008 Negotiating Parties: Agency: Carlos L. Ortega/Ryan Stendell/City of Palm Desert Property Owner: David Nelson Under Negotiation: x Price x Terms of Payment 2) Property: APN 628-130-011 Negotiating Parties: Agency: Carlos L. Ortega/Ryan Stendell/City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of Potential cases: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2008 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 - Mayor Pro Tem Robert A. Spiegel VII. INVOCATION - Councilman 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. Reports and documents relating to each of the following items listed on the agenda are on file in the Office of the City Clerk and are available for public inspection during normal business hours, Monday – Friday, 8:00 a.m. – 5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO THE PALM DESERT CITY COUNCIL BY QUEEN SCHEHERAZADE AND HER COURT AS AMBASSADORS OF THE 2008 RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL. Action: B. APPOINTMENTS TO THE YOUTH COMMITTEE 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2008 Rec: By Minute Motion, appoint Carl Gerhardt and Anna Miller to the Palm Desert Youth Committee for a one-year term (12/31/08) to fill the vacancies of Kevin Francis and Christina Sun, respectively. 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 Meetings of December 13, 2007, and December 27, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 135, 136, 140, 141, 145, 146, 150, and 151. Rec: Approve as presented. C. CITY/AGENCY COMPLIANCE ANALYSIS and Investment Reports for the Months of September 2007 and October 2007 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Little Dono Sushi, Inc., 72-840 Highway 111, Unit #S343, Palm Desert. Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2008 E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of November 27, 2007. 2. Parks & Recreation Commission Meeting of November 6, 2007. 3. Youth Committee Meeting of November 5, 2007. Rec: Receive and file. F. LETTER OF RESIGNATION from Ray Lopez - Architectural Review Commission. Rec: Receive with very sincere regret. G. RESIGNATION of Alec Ferguson - Youth Committee. Rec: Receive with very sincere regret. H. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. R23210 - Construction of Freedom Park (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion: 1) Approve the Riverside County Department of Environmental Health's required changes to the Freedom Park Concession Building; 2) approve Change Order No. 2 in the amount of $23,765.75 to the subject contract with Simon Contracting, Indio, California, and allocate funds for the aforementioned changes to the Freedom Park Concession Building from the Freedom Park project contingency, Account No. 851- 4670-454-4001. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No R23210 - Construction of Freedom Park (Simon Contracting, Indio, CA) (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C26030A - Street, Sidewalk, and Bus Pad Improvements for the Westfield Bus Bay Project (Contreras Construction Company, Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2008 K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C24720A - Construction of the Country Club Sidewalk Improvements Along the Frontage of Palm Desert Greens (Project No. 699-06) (Contreras Construction Company, Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. L. REQUEST FOR APPROVAL of a $200 Increase to the Public Works Petty Cash Limit. Rec: By Minute Motion, approve an increase to the Public Works Department Petty Cash Fund in the amount of $200. M. REQUEST FOR APPROVAL of Agencies to Provide Temporary Staffing Services for Fiscal Year 2007/08. Rec: By Minute Motion, identify and approve the agencies listed within the accompanying staff report for this item as eligible to provide temporary staffing services to the City of Palm Desert on an as- needed basis for the balance of Fiscal Year 2007/08 in an amount not to exceed $50,000 - funds for this purpose are available in the approved FY 2007/08 Budget. N. REQUEST FOR APROVAL of Out-of State Travel for the City's Senior Engineer/City Surveyor to Attend 2008 California Land Surveyors Association Annual Conference. Rec: By Minute Motion, approve out-of-state travel for the Senior Engineer/City Surveyor to attend the subject conference in Reno, Nevada, February 23-27, 2008 - funds for this purpose in the estimated amount of $1,365 are available in Account No. 110-4614- 453-3120. XI. CONSENT ITEMS HELD OVER 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2008 XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL OF AN ORDER TO ABATE A PUBLIC NUISANCE FOR PROPERTY LOCATED AT 77-740 DELAWARE PLACE, PALM DESERT Case No. 07-3553 (Manual Sanchez, Appellant). Rec: By Minute Motion: 1) Make a determination and finding that the storage of gardening materials, landscape construction materials, and other items referenced as such at 77-740 Delaware Place is a public nuisance pursuant to Section 8.20.020, Chapter 8.70, and Chapter 25.15 of the Palm Desert Municipal Code; 2) uphold the Order to Abate for the subject property. Action: B. REQUEST FOR APPROVAL OF TRACT MAP NO. 35426 AND A RELATED GRANT OF EASEMENT (Starwood/WVC Rancho Mirage, Inc., Applicant). Rec: 1) Waive further reading and adopt Resolution No. 08-1, approving the map of Tract No. 35426. 2) By Minute Motion, authorize the Mayor to execute a Grant of Easement to WVC Rancho Mirage, Inc. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2008 C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 1 TO VINTAGE ASSOCIATES (CONTRACT NO. C27180, PROJECT NO. 901-08). Rec: By Minute Motion: 2) Deem lowest bids by RZ Landscape, Indio, California, and Westcape, Coachella, California, non-responsive; 2) award the subject contract to Vintage Associates, Bermuda Dunes, California, in the amount of $106,000 and to include extra work and services at the specified contract amount; 3) authorize the Mayor to execute said contract - funds are available in Account No. 110- 4614-453-3320. Action: D. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 2 TO VINTAGE ASSOCIATES (CONTRACT NO. C27190, PROJECT NO. 902-08) Rec: By Minute Motion: 2) Deem lowest bids by RZ Landscape, Indio, California, and Westcape, Coachella, California, non-responsive; 2) award the subject contract to Vintage Associates, Bermuda Dunes, California, in the amount of $126,000 and to include extra work and services at the specified contract amount; 3) authorize the Mayor to execute said contract - funds are available in Account No. 110- 4614-453-3320. Action: E. REQUEST OF AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 7 TO SIERRA LANDSCAPE COMPANY (C0NTRACT NO. C27200, PROJECT NO. 907-08). Rec: By Minute Motion: 2) Deem lowest bids by RZ Landscape, Indio, California, and Westcape, Coachella, California, non-responsive; 2) award the subject contract to Sierra Landscape Company, Palm Desert, California, in the amount of $85,380 and to include extra work and services at the specified contract amount; 3) authorize the Mayor to execute said contract - funds are available in the respective Landscape and Lighting Assessment District Accounts. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2008 F. REQUEST FOR AWARD OF CONTRACT TO VERSA LANDSCAPE, INC., FOR THE PORTOLA AVENUE BRIDGE OVER THE WHITEWATER CHANNEL LANDSCAPING AND IRRIGATION PROJECT (CONTRACT NO. C22870D, PROJECT NO. 647-L-04). Rec: By Minute Motion: 1) Award the subject contract to Versa Landscape, Inc., Corona, California, in the amount of $53,730; 2) set aside a 10% contingency for the project; 3) authorize the Mayor to execute the agreement - funds are available in Account No. 400- 4359-433-4001. Action: G. REQUEST FOR AUTHORIZATION OF THE PURCHASE OF TRAFFIC SIGNAL EQUIPMENT FOR 15 INTERSECTIONS ON HIGHWAY 111 AND HIGHWAY 74. Rec: By Minute Motion: 1) Authorize the purchase of traffic signal equipment from Econolite Control Products, Anaheim, California, to upgrade 15 signalized intersections on Highway 111 and Highway 74 in the amount of $92,355.62; 2) appropriate said funds to Account No. 110-4250-433-3325 for this purpose. Action: H. REQUEST FOR APPROVAL OF THE PALM DESERT ART OF FOOD AND WINE FESTIVAL Rec: By Minute Motion: 1) Approve the 2008 Art of Food and Wine Festival to be held in Palm Desert November 6-9; 2) approve a budget of $550,000 for the event and appropriate $450,000 from the City's General Fund and $100,000 from the Redevelopment Agency, with the base management fee being paid from this budget; 3) approve a one-year extension of Contract No. C26170 with Kemper Sports Management, amended as reflected in the accompanying staff report and recommendation; 4) appropriate $192,000 from the Unobligated General Fund for additional expenses of the 2007 Event. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2008 XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF AGREEMENT FOR THE LANDSCAPING/SCREENING OF PALM DESERT MOBILE ESTATES (CONTRACT NO. C26960) (Continued from the meetings of October 25 and December 13, 2007). Rec: By Minute Motion: 1) Approve a landscape-only approach to screening the recently-exposed north face of the Palm Desert Mobile Estates RV storage area; 2) authorize staff to negotiate a three-way cost sharing agreement between the City of Palm Desert, the Coachella Valley Water District (CVWD), and Palm Desert Mobile Estates, and authorize Mayor to execute same; 3) appropriate necessary funds for the project in an amount not to exceed $15,000 to Account No. 400-4614-433-4001; 4) suspend enforcement action and continue hearing of appeal of Notice to Abate for sixty days pending successful resolution of the issue; 5) authorize the City Manager to dismiss the Notice to Abate upon execution by all parties of cost sharing agreement. Action: B. CONSIDERATION OF AN APPEAL OF AN ORDER TO ABATE A PUBLIC NUISANCE FOR PALM DESERT MOBILE ESTATES, LOCATED AT THE SOUTHWEST CORNER OF PORTOLA AVENUE AND THE WHITEWATER STORM CHANNEL Case No. 07-369 (Mark Bessire/Palm Desert Mobile Estates, Appellant) (Continued from the meetings of October 11, October 25, and December 13, 2007). Rec: By Minute Motion: 1) Approve a landscape-only approach to screening the recently-exposed north face of the Palm Desert Mobile Estates RV storage area; 2) authorize staff to negotiate a three-way cost sharing agreement between the City of Palm Desert, the Coachella Valley Water District (CVWD), and Palm Desert Mobile Estates, and authorize Mayor to execute same; 3) appropriate necessary funds for the project in an amount not to exceed $15,000 to Account No. 400-4614-433-4001; 4) suspend enforcement action and continue hearing of appeal of Notice to Abate for sixty days pending successful resolution of the issue; and 5) authorize the City Manager to dismiss the Notice to Abate upon execution by all parties of cost sharing agreement. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2008 XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST TO COMMENCE WITH THE FISCAL YEAR 2008/2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CYCLE AND TO OPEN THE FISCAL YEAR 2008/2009 APPLICATION PROCESS. Rec: 1) Receive public comment relative to the FY 2008/2009 Community Development Block Grant Cycle and Development, One-year Action Plan, and Five-year Consolidated Plan. 2) By Minute Motion, approve CDBG operation under the existing Five-year Consolidated Plan for the period of FY 2003/2004 to 2007/2008 and the filing of the new Consolidated Plan in FY 2008/2009. 3) Open the CDBG Application process for FY 2008/2009. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Reminder of the City Council Goal-setting Retreat Scheduled for Tuesday and Wednesday, January 15-16, 2008, at the J.W. Marriott Desert Springs Resort and Spa. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2008 D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of the Appointment/Reappointment of a Representative to the Coachella Valley Animal Campus Commission (Mayor Jean M. Benson). Rec: By Minute Motion, appoint/reappoint a City Councilmember to the Coachella Valley Animal Campus Commission. Action: o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2008 FUTURE MEETINGS: January 15, 2008 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber January 16, 2008 9:00 a.m. Art in Public Places Commission -CANCELED- 11:30 a.m. Landscape Beautification Committee Public Works Conference Room 3:00 p.m. Library Promotion Committee -CANCELED- January 21, 2008 3:00 p.m. Citizens’Adv. Cmte. – Proj. Area #4 -CANCELED- MLK, Jr., Holiday January 22, 2008 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room January 23, 2008 8:30 a.m. Parks & Rec. Cmssn. (Adj. From 1/15/08) North Wing Conference Room January 24, 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 4 day of January, 2008. Rachelle D. Klassen, City Clerk 12