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Home My WebLink AboutAGENDA 25 SEP 2008 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 25, 2008 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 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 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 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: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATE OF AMERICA – Mayor Jean M. Benson VII. INVOCATION – Councilmember Cindy Finerty 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, including those received following posting/distribution, 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 OF PROCLAMATION DECLARING THE WEEK OF OCTOBER 5 - 11, 2008, AS "FIRE PREVENTION WEEK" IN THE CITY OF PALM DESERT. Action: B. APPOINTMENT OF A HOUSING AUTHORITY RESIDENT MEMBER TO THE PALM DESERT HOUSING COMMISSION. Rec: Subject to the interview to be conducted by Mayor Benson and Mayor Pro Tem Spiegel, by Minute Motion, appoint J. Wade Tucker to the Palm Desert Housing Commission to serve as one of its two Housing Authority Resident Members, filing the vacancy in the term of former member Linda Ward (term December 31, 2011). Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 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 11, 2008. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 26. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meeting of August 19, 2008. 2. Public Safety Commission Meeting of June 11, 2008. 3. Youth Committee Meeting of July 7, 2008. Rec: Receive and file. D. REQUEST FOR APPROVAL of an Agreement with Coachella Valley Water District (CVWD) for Maintenance of a Storm Drain Siphon in Hovley Lane West Near Corte Placitas (Contract No. C28190). Rec: By Minute Motion, approve of and authorize the Mayor to execute the subject agreement with CVWD for maintenance of a storm drain siphon in Hovley Lane West near Corte Placitas. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 E. REQUEST FOR RATIFICATION of the City Manager's Approval of a Hearing Examiner Contract to Conduct Administrative Review Hearings for Contested Non-moving Parking Citations in Accordance with Enhanced Requirements of Assembly Bill 408 and for Animal Control Hearings Within the Jurisdiction of the City of Palm Desert (Contract No. C28070). Rec: By Minute Motion, ratify the City Manager's approval of the subject Hearing Examiner Contract with Rick E. Lebel, Palm Desert, California, to conduct administrative review hearings for contested non-moving parking citations and to conduct animal control hearings within the jurisdiction of the City of Palm Desert for the amount of $25.00 per each contested case. F. REQUEST FOR APPROVAL of Amendment No. 5 to Contract No. C23110 - Engineering Services for Modification to Design of the Left Turn Pocket at Plaza Way on Highway 111 (Project No. 697-05). Rec: By Minute Motion: 1) Approve Amendment No. 5 in the amount of $3,720 to the subject contract with Omnis, Inc., Pomona, California, for design and engineering services to modify the left turn pocket at Plaza Way on Highway 111; 2) authorize the Mayor to execute the Amendment - funds are available in Account No. 110-4300-413- 3010. G. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C27790 - Joni Yard Warehouse Re-roofing Project (Coast Roof Company, Inc., Fullerton, 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. H. REQUEST FOR APPROVAL of USAF Band of the Goldern West/Rhythm n' Brass Band at the Palm Desert Civic Center Park Amphitheater, Wednesday, October 15, 2008. Rec: By Minute Motion, approve a performance by the USAF Band of the Golden West/Rhythm n' Brass Band scheduled to take place on Wednesday, October 15, 2008, at the Palm Desert Civic Center Park Amphitheater. Action: XI. CONSENT ITEMS HELD OVER 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1167 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 1130 AND AMENDING SECTION 10.36.010 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO SPEED ZONES. Rec: Waive further reading and pass to second reading. Action: B. ORDINANCE NO. 1168 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ITS ORDINANCE NO. 401 AND PROVIDING FOR THE DESIGNATION AND PRESERVATION OF HISTORIC SITES AND DISTRICT, CREATING A CULTURAL RESOURCES PRESERVATION COMMITTEE, REQUIRING CERTAIN CONSTRUCTION AND ALTERATIONS TO BE APPROVED BY THE CULTURAL RESOURCES PRESERVATION COMMITTEE, AND PROVIDING PENALTIES FOR VIOLATION. Rec: Waive further reading and pass to second reading. Action: For Adoption: A. ORDINANCE NO. 1166 - AN ORDINANCE OF THE CITY COUCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 3.32.080(A) OF THE PALM DESERT MUNICIPAL CODE BY ADDING SECTION 3.32.080(A)(5), RELATING TO EMERGENCY SPENDING AND DECLARING A LOCAL EMERGENCY. Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 A. REQUEST FOR AWARD OF CONTRACT FOR CONSULTANT ENVIRONMENTAL DOCUMENTATION SERVICES TO LSA ASSOCIATES, INC., FOR DEVELOPMENT OF FIVE (F) CITY PROJECTS AWARDED FEDERAL CONGESTION MITIGATION AND AIR QUALITY (CMAQ) GRANT FUNDING (CONTRACT NO. C28200, PROJECT NO. 606-09). Rec: By Minute Motion: 1) Award the subject Consultant Environmental Documentation Services Contract to LSA Associates, Inc., Brea, California, in the amount of $70,160; 2) authorize the Mayor to execute said contract; 3) authorize transfer of funds in the amount of $500,000 from the Highway 111 Tier III Project, Account No. 213-4362-433-4001, to the Highway 111 Improvements Project, Account No. 213-4362-433-4001. Action: B. REQUEST FOR AWARD OF CONTRACT FOR THE MID-VALLEY BIKEPATH PRELIMINARY ENGINEERING SERVICES TO RRM DESIGN GROUP (CONTRACT NO. C28210, PROJECT NO. 707-07). Rec: By Minute Motion: 1) Award the subject contract for the Mid-Valley Bikepath Preliminary Engineering Services to RRM Design Group, San Clemente, California, in the amount of $88,598; 2) authorize a 10% contingency for the contract in the amount of $8,859.80; 3) authorize the Mayor to execute said contract - funds are available in Account No. 233-4544-454-4001. Action: C. REQUEST FOR AUTHORIZATION TO REQUEST PROPOSALS FOR IMPROVEMENTS TO HOVLEY SOCCER PARK (CONTRACT NO. C28220). Rec: By Minute Motion, authorize staff to request proposals for the design and construction of park improvements at Hovley Soccer Park. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 XV. CONTINUED BUSINESS A. ORDINANCE NO. 1164 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT 06-02, UNIVERSITY PARK, BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERTFUNDING COMPANY, DELETING THE COACHELLA VALLEY WATER DISTRICT WELL SITES FROM THE SCOPE OF THE DEVELOPMENT AGREEMENT Case No. DA 06-02 Amendment 1 (Palm Desert Funding Company, LP, Applicant) (Continued from the meeting of September 11, 2008). Rec: Waive further reading and adopt. Action: B. ORDINANCE NO. 1165 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT AS IT RELATES TO CONSTRUCTION FOR A 20-UNIT SENIOR CITIZEN APARTMENT PROJECT ON THE NORTH SIDE OF CATALINA WAY, LOCATED AT 73-582 CATALINA WAY, BETWEEN THE CITY OF PALM DESERT AND BERNARD INVESTMENT GROUP, ATTACHED AS EXHIBIT "A" Case No. DA 08-50 (Bernard Investment Group/Ken Bernard, Applicant) (Continued from the meeting of September 11, 2008). Rec: Waive further reading and adopt. Action: XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Consideration of Request from the Riverside County Registrar of Voters for an Appointment to the November 4, 2008, Election Observer Panel. Action: 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 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2008 FUTURE MEETINGS: September 30, 2008 10:00 a.m. Historic Preservation Committee -CANCELED- October 6, 2008 6:00 p.m. Youth Committee Administrative Conference Room October 7, 2008 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber October 8, 2008 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room October 9, 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 19 day of September, 2008. ___________________________ Rachelle D. Klassen, City Clerk 9