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Home My WebLink AboutAGENDA 23 APR 2009 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 23, 2009 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: APNs 627-092-045 and 627-092-035 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: City of Palm Desert/ Arthur and Dora Cohn Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. Manuel Sanchez and Trudy Sanchez, Riverside County Superior Court, Case No. INC 085047 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 APRIL 23, 2009 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 Jim Ferguson VII. INVOCATION - Councilmember Jean M. Benson 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 TO RECOGNIZE KEVIN GROCHAU FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS ART IN PUBLIC PLACES COMMISSION (Continued from the meeting of April 9, 2009). Action: B. PRESENTATION OF PROCLAMATION DECLARING MAY 2009 AS "MENTAL HEALTH MONTH" IN THE CITY OF PALM DESERT. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 C. REAPPOINTMENT OF RUSSELL CAMPBELL TO THE CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO. 4. Rec: By Minute Motion, reappoint Russell Campbell to his former position on the Citizens' Advisory Committee for Project Area No. 4 (term 12/31/12). 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 9, 2009. Rec: Approve as presented. B. CLAIM AGAINST THE CITY (#637) by Joe Lyn Dorsey-Colclasure in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. C. CLAIM AGAINST THE CITY (#638) by Joe Ann Allen in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. YOUTH COMMITTEE MINUTES for the Meeting of March 2, 2009. Rec: Receive and file. E. LETTER OF RESIGNATION from Russell Campbell - Palm Desert Recreational Facilities Corporation and Joslyn Cove Senior Center Board of Directors. Rec: Receive with very sincere regret. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 F. REQUEST FOR AUTHORIZATION to Purchase Storage Area Network (SAN) to Increase Computer Files Storage Space and Allow for Server Consolidation. Rec: By Minute Motion, approve the subject Storage Area Network (SAN) purchase in the amount of 48,393 plus State taxes -- funds are available in Account No. 110-4190-415-4040. G. REQUEST FOR AWARD OF CONTRACT for the Annual Color Plantings on El Paseo Medians and in Civic Center Park for Fall 2009 and Spring 2010 to Progressive Growers, Inc. (Contract No. C28640, Project No. 930-09). Rec: By Minute Motion, award the subject contract to Progressive Growers, Inc., Vista, California, in the amount of $22,124.67 -- funds are available in the General Fund, Account Nos. 110-4614- 453-3370 - Repair/Maintenance Median and 110-4610-453-2190 - Parks and Recreation Supplies. H. REQUEST FOR APPROVAL of Master Agreement No. 08-5414R and Program Supplement Agreement No. N005 with Caltrans for Congestion Mitigation and Air Quality Funds (CMAQ) for Design of Free Right-turn Lane - Westbound Fred Waring Drive to Northbound Highway 111 (Contract No. C28800, Project No. 658-08). Rec: By Minute Motion, approve the subject Master Agreement and Program Supplement Agreement between the City of Palm Desert and Caltrans for Design of the Free Right-turn Lane on Fred Waring Drive. I. REQUEST FOR AUTHORIZATION to Refund Plan Check Fee in the Amount of $168 for Building Permit No. 09-47014 for Project Located at 217 Wild Horse Drive, Palm Desert (Klaus Becker Construction, Applicant). Rec: By Minute Motion, authorize a refund of the Plan Check Fee in the amount of $168 for Building Permit No. 09-47014 for a project located at 217 Wild Horse Drive. Action: XI. CONSENT ITEMS HELD OVER 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 XII. RESOLUTIONS A. RESOLUTION NO. 09-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A CHANGE OF ZONE FROM PLANNED COMMUNITY DEVELOPMENT (PCD) TO PLANNED RESIDENTIAL 14 DWELLING UNITS PER ACRE (PR-14), A TENTATIVE PARCEL MAP (TPM) TO SUBDIVIDE AN 11.8-ACRE PARCEL INTO TWO (2) LOTS, AND A PRECISE PLAN (PP) OF DESIGN TO ALLOW THE CONSTRUCTION OF 144 AFFORDABLE HOUSING UNITS WITH AMENITIES; A FIVE-FOOT HEIGHT EXCEPTION AND A MITIGATED NEGATIVE DECLARATION - PROPOSED PROJECT LOCATED ON THE SOUTH SIDE OF 35TH AVENUE BETWEEN GATEWAY DRIVE AND CORTESIA WAY (C STREET) (APN 694-130- 005) Case Nos. C/Z-PP 08-191 and TPM 36000 (John Bigley, Mark Irving, Urban Housing Communities, LLC, Applicant/Property Owner). Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. CONSIDERATION OF ORDINANCES AMENDING THE CITY'S CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CalPERS). Rec: 1) Waive further reading and adopt Urgency Ordinance No. 1182 by four-fifths vote, amending the City's Contract with CalPERS. 2) Waive further reading and pass Ordinance No. 1183 to second reading, amending the City's Contract with CalPERS. 3) By Minute Motion, authorize the Mayor to execute the Certification of Compliance with Government Code Section 20903 and the Contract Amendment documents. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 B. CONSIDERATION OF RESOLUTION NO. 09-24, AMENDING RESOLUTION NO. 08-02 - RETIREE SERVICE STIPEND PROGRAM FOR EMPLOYEES AND MEMBERS OF THE CITY COUNCIL. Rec: Waive further reading and adopt Resolution No. 09-24, amending Resolution No. 08-02 - Retiree Service Stipend Program for Employees and Members of the City Council. Action: C. REQUEST FOR ADOPTION OF RESOLUTION AMENDING RESOLUTION NO. 03-33 AND APPOINTING PHILLIP K. SMITH, JR., AND OSCAR ARMIJO TO THE BOARD OF DIRECTORS OF THE PALM DESERT RECREATIONAL FACILITIES CORPORATION AND THE NOMINATION OF JOHN M. WOHLMUTH TO SERVE AS ITS PRESIDENT. Rec: 1) Waive further reading and adopt Resolution No. 09-25, amending Resolution No. 03-33 and appointing Phil Smith and Oscar Armijo to the Board of Directors for the Palm Desert Recreational Facilities Corporation. 2) By Minute Motion, nominate John M. Wohlmuth as President of the Palm Desert Recreational Facilities Corporation. Action: D. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE COUNTRY CLUB DRIVE PAVEMENT REHABILITATION PROJECT TO VANCE CORPORATION IN THE AMOUNT OF $1,489,780 (CONTRACT NO. C28030, PROJECT NO. 619-08). Rec: By Minute Motion: 1) Award the subject contract for construction of the Country Club Drive Pavement Rehabilitation Project to Vance Corporation, Rialto, California, in the amount of $1,489,780; 2) authorize an additional $148,978 as 10% contingency for the project; 3) authorize the Mayor to execute said contract -- funds are available in Country Club Drive Pavement Rehabilitation Account No. 211-4311-433-3916, Gas Tax Fund, and Account No. 400-4311-433-4001, and no General Fund monies being used. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 E. REQUEST FOR AWARD OF CONTRACT FOR THE 2008 CITYWIDE OVERLAY PROJECT TO PALM CANYON CONTRACTORS, INC., IN THE AMOUNT OF $700,134.73 (CONTRACT NO. C28390, PROJECT NO. 752-08). Rec: By Minute Motion: 1) Award the subject contract for 2008 Citywide Overlay Project to Palm Canyon Contractors, Inc., Yucaipa, California, in the amount of $700,134.73; 2) authorize a 10% contingency for the project in the amount of $70,013.47; 3) authorize the Mayor to execute said contract -- funds are available in General Fund Account No. 110-4311-433-3320 - Street Resurfacing. Action: F. REQUEST FOR AWARD OF CONTRACT FOR THE 2009 CITYWIDE RESTRIPING PROJECT TO ORANGE COUNTY STRIPING SERVICES, INC., IN THE AMOUNT OF $58,295 (CONTRACT NO. C28660, PROJECT NO. 564-09). Rec: By Minute Motion: 1) Award the subject contract for 2009 Citywide Restriping Project to Orange Country Striping Services, Inc., Orange, California, in the amount of $58,295; 2) authorize the Director of Finance to set aside the amount of $5,829.50 as 10% contingency for the project; 3) authorize the Mayor to execute said contract -- funds are available in General Fund, Account No. 110- 4315-433-3320 - Striping and Legends-Routine Maintenance- Streets. Action: XV. CONTINUED BUSINESS None 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AN EXTENSION FOR A PERIOD OF ONE YEAR TO ALLOW THE OUTDOOR DISPLAY OF MERCHANDISE IN THE CITY, SUBJECT TO THE PREVIOUSLY APPROVED CONDITIONS. Rec: By Minute Motion, approve extension of the existing Temporary Use Permits and the ability to approve new permits to allow the outdoor displays of merchandise for a period of one year, subject to the previously approved conditions. Action: XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Reminder of Study Session, Friday, April 24, 2009, at 9:00 a.m. to Continue Discussions Regarding Preparation of the City Manager's/Executive Director's Financial Plan for Fiscal Year 2009- 2010. Action: 2. Reminder of May 2009 City Council Meeting Schedule: a) Thursday, May 7, 2009 - 3:00 p.m. (instead of May 14, 2009); b) Thursday, May 21, 2009 - 3:00 p.m. (instead of May 28, 2009). D. PUBLIC SAFETY o Fire Department o Police Department 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 2009 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 28, 2009 10:00 a.m. Audit, Investment & Finance Cmte. North Wing Conference Room 10:00 a.m. Cultural Resources Preserv. Cmte. Administrative Conference Room 12:00 p.m. Architectural Review Commission Community Services Conf. Room May 4, 2009 6:00 p.m. Youth Committee Administrative Conference Room May 5, 2009 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber May 7, 2009 3:00 p.m. Special 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 17th day of April, 2009. ___________________________ Rachelle D. Klassen, City Clerk 9