HomeMy WebLinkAboutAGENDA 26 FEB 2009
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 26, 2009
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:
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
Conference with Legal Counsel regarding significant potential to initiate
litigation pursuant to Government Code Section 54956.9(c):
Number of potential cases: 1
Conference with Labor Negotiator pursuant to Government Code Section
54957.6:
Negotiating Parties: John M. Wohlmuth/Justin McCarthy/
City of Palm Desert.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2009
A. REPORT ON ACTION FROM CLOSED SESSION.
Action:
VI. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Cindy Finerty
VII. INVOCATION - Councilmember Jean M. Benson
VIII. ORAL COMMUNICATIONS – B
IX. 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, Financing Authority, 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 CALIFORNIA LANDSCAPE CONTRACTORS
ASSOCIATION'S PUBLIC WORKS/SPORTS, PARKS & ATHLETIC
FACILITIES AWARD FOR ENTRADA DEL PASEO.
Action:
B. APPOINTMENTS TO VARIOUS VACANCIES ON AND
REAPPOINTMENTS TO THE CITY'S STANDING COMMITTEES AND
COMMISSIONS.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2009
Rec: 1) By Minute Motion, appoint the following applicants to the
respective Committees and Commissions, as indicated:
a) Architectural Review Commission: Allan Levin to fill the
unexpired term of Kristi Hanson (12/31/11).
b) Audit, Investment & Finance Committee: Jim Walker to fill the
unexpired term of Bill Veazie (12/31/11).
c) Marketing Committee: Ted Giatas to fill the unexpired term of
Melissa Allensworth (12/31/11).
d) Project Area #4 Committee: Kelly Litecky and Javier Lopez to fill
the unexpired terms of Harry Church (12/31/10) and Fran Proulx
(12/31/10),respectively.
e) Rent Review Commission: Josef Jonathan as a regular
Commissioner with a four-year term (12/31/12) and Charles Brown
as Alternate Commissioner to the unexpired term of Dr. Joyce
Wade-Maltais (12/31/11).
f) Youth Committee: Laura Baldwin to the term formerly held by
Anna Miller (12/31/09).
2) By Minute Motion, reappoint the following members to their
respective positions on City Committees and Commissions each for
a four-year term (1/1/09 - 12/31/12), except the Youth Committee,
whose terms are for one year (1/1/09 - 12/31/09):
a) Architectural Review Commission: Pam Touschner.
b) Building Board of Appeals: Robyn Ritchey.
c) Cultural Resources Preservation Committee: Gale Broeker and
Don Graybill.
d) El Paseo Business Association Board: Elyssa Goldberg, Janet
Hanson, and Susan Stauber.
e) Library Promotion Committee: Betty Carapellese Marilyn Hahn,
and Ella Manor.
f) Parks & Recreation Commission: Deborah Hall and Terry
Schukart.
g) Project Area #4 Committee: Charles Ash, Fred Benford, Robert
Duncan, and Roberta Grubb.
h) Public Safety Commission: Jim Butzbach and Marty Nethery.
i) Rent Review Commission: Brian Torsney Sr.
j) Youth Committee: Raine Armstrong, Alahna Dunbar, Carl
Gerhardt, Bryce Griffith, Toni Gutierrez, Kate Hart, Alison
McCollister, Briana Nolan, Katie Pawelczyk, Jonny Rohrbaugh,
Jenna Scott, Ryan Sheehy, Abby Sturgeon, and Elle Wohlmuth.
3) By Minute Motion, direct staff to prepare an Ordinance for
introduction to modify the manner in which Planning
Commissioners are selected and appointed, with each
Councilmember recommending one appointee to be confirmed by
the entire City Council.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2009
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 February 12, 2009.
Rec: By Minute Motion, continue to the meeting of March 12, 2009.
B. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mastro's
Steakhouse, 73-445 El Paseo, Suite 200, Palm Desert
Rec: Receive and file.
C. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Landscape Beautification Committee Meeting of November 19, 2008.
2. Youth Committee Meeting of January 5, 2009.
Rec: Receive and file.
D. INDEPENDENT ACCOUNTANT'S REPORT on Agreed-upon Procedures
Performed on the Measure "A" Transportation Fund for the Fiscal Year
Ended June 30, 2008.
Rec: Receive and file.
E. REQUEST FOR APPROVAL of Revised Agreement Between the City of
Palm Desert Visitors Center and SunLine Transit Agency for the Sale of
SunLine Bus Passes (Contract No. C14510A).
Rec: By Minute Motion, approve the subject contract between the City of
Palm Desert Visitors Center and SunLine Transit Agency, and
authorize the Mayor to execute same.
F. REQUEST FOR APPROVAL of Extension of Maintenance Agreement with
Amtech Elevator Services for Elevator at the City Maintenance Facility for
the Remainder of Fiscal Year 2008-2009 (Contract No. C27260).
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2009
Rec: By Minute Motion: 1) Extend the subject contract with Amtech
Elevator Services, Anaheim, California, on a month-to-month basis
at the rate of $229.98/month (total cost of extension $1,019.63) for
the remainder FY 2008-2009; 2) authorize the Mayor to execute the
contract - funds are available in the Repair/Maintenance Buildings
Account No. 110-4330-413-3310.
G. REQUEST FOR APPROVAL of 60-day Extension to the Solid Waste
Franchise Agreement with Burrtec Waste and Recycling (Contract No.
C17230A).
Rec: By Minute Motion, approve a 60-day extension to the subject Solid
Waste Franchise Agreement with Burrtec Waste and Recycling.
H. REQUEST FOR APPROVAL of Amendment No. 2 to Contract No.
C27190- Landscape Maintenance Area No. 2 (Project No. 902.08).
Rec: By Minute Motion: 1) Approve Amendment No. 2 to the subject
contract with Vintage Associates, Inc., Bermuda Dunes, California,
to add maintenance of the medians on Fred Waring Drive between
California Avenue and Washington Street for an additional
$1,100/month; 2) authorize the Mayor to execute Amendment No. 2
- funds are available in the Repair/Maintenance Medians Account
No. 110-4614-453-3370.
I. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No.
C28030A - Country Club Drive Curb Ramp Retrofit (Project No. 619-08).
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount
of $10,009 to the subject contract with Contreras Construction
Company, Indio, California; 2) authorize the transfer of $10,009
from contingency to base for the project; 3) authorize the Mayor to
execute Change Order No. 1.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2009
J. REQUEST FOR AUTHORIZATION to Refund Plan Check Fee for 44-277
Portola Avenue - Building Permit No. 08-00046270 (Gregory O. Holta,
Applicant).
Rec: By Minute Motion, authorize the refund of Plan Check Fee in the
amount of $3,379.60 for Building Permit No. 08-00046270 for a
project located at 44-277 Portola Avenue.
K. REQUEST FOR AUTHORIZATION to Release Improvement Security for
Case No. PP 06-11 and Accept Maintenance Security for the Project
(Wachovia Bank, Applicant).
Rec: By Minute Motion, authorize release of the Improvement Security
for Case No. PP 06-11 (Wachovia Bank) in the amount of $42,235
and accept the 10% Maintenance Security on the Faithful
Performance Bond for same in the amount of $2,816.
L. REQUEST FOR AUTHORIZATION to Release Various Trust Deposits
Accepted by the Public Works Department.
Rec: By Minute Motion, authorize release of various Trust Deposits
accepted by the Public Works Department from the following
Applicants, as detailed on the accompanying staff report; Prest
Vuksic Architects, Steven W. Delateur, Palm Valley HOA,
Fountains Retirement Communities, Jobe Construction, Halle
Properties, Inc., Sunwest Homes, FKC Palm Desert, LLC, Marriott,
Cardiff Holdings, and Ewing Builders.
M. INFORMATIONAL REPORT on Valet Parking in the City of Palm Desert.
Rec: Receive and file.
Action:
XI. CONSENT ITEMS HELD OVER
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2009
XII. RESOLUTIONS
A. RESOLUTION NO. 09-14 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, GRANTING CONSENT TO
THE COUNTY OF RIVERSIDE TO BE INCLUDED IN THE PALM
SPRINGS DESERT RES0RT COMMUNITIES TOURISM BUSINESS
IMPROVEMENT DISTRICT.
Rec: Waive further reading and adopt.
Action:
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR AWARD OF DESIGN/BUILD CONTRACT TO COPLEY
DESIGN COLLABORATIVE FOR IMPROVEMENTS TO HOVLEY
SOCCER PARK AND COMMUNITY GARDEN CONSTRUCTION
(CONTRACT NO. C28610).
Rec: By Minute Motion, award the subject Design/Build Contract for
Improvements at Hovley Soccer Park and Community Garden
Construction to Copley Design Collaborative, Oceanside,
California, in an amount not to exceed $175,400 and authorize the
Mayor to execute same -- funds are available in the Parks Capital
Improvement Fund, Account Nos. 430-4612-454-4001 and 430-
4618-454-4001, and from Capital Projects Fund, Account No. 400-
4546-454-4001.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2009
B. REQUEST FOR APPROVAL OF THE 2009 ART OF FOOD & WINE
PALM DESERT, NOVEMBER 5-8.
Rec: By Minute Motion: 1) Approve the 2009 Art of Food & Wine
Festival to be held in Palm Desert, November 5-8; 2) approve a
budget of $375,000 for the event and appropriate $182,000 from
the City's General Fund, $125,000 from the Redevelopment
Agency, and $68,000 from the 2008 surplus; 3) approve a one-year
extension of the contract with Kemper Sports Management
(Contract No. C26170), amended as detailed in the accompanying
staff report.
Action:
C. REQUEST FOR APPROVAL OF THE ENERGY INDEPENDENCE
PROGRAM (EIP) PHOTOVOLTAIC SOLAR LOAN FOR VERIDIAN, LLC,
AT 42-635 MELANIE PLACE (CITY LOAN NO. 08-151CS).
Rec: By Minute Motion, upon final review and approval by City Legal
Counsel, approve of and authorize the Mayor to execute the
subject Commercial EIP Loan with Veridian, LLC, Palm Desert,
California, for a 60.5kW photovoltaic solar system in the amount of
$522,092 to be installed at 42-635 Melanie Place.
Action:
D. REQUEST FOR AMENDMENT OF THE CITY'S FACADE
ENHANCEMENT PROGRAM (FEP) GUIDELINES.
Rec: By Minute Motion, amend the FEP Program Guidelines to set a
total maximum cap for FEP consideration Funds to $75,000 for
FEP Projects.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2009
XV. CONTINUED BUSINESS
A. REQUEST FOR AUTHORIZATION FOR STAFF TO SUBMIT FIRST
DRAFT OF THE GENERAL PLAN 2008 HOUSING ELEMENT UPDATE
TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT (Continued from the meetings of June 26, July 10, and
August 28, and December 11, 2008).
Rec: By Minute Motion, continue this matter to a date uncertain.
Action:
B. REQUEST FOR APPROVAL OF THE REPLACEMENT OF PALM
DESERT FIRE STATION NO. 71 AMBULANCE CAB/CHASSIS AND
REFURBISHMENT OF ITS EXISTING PATIENT COMPARTMENT AT A
COST OF $86,875 PLUS APPLICABLE TAXES (Continued from the
meetings of January 22, and February 12, 2009).
Rec: By Minute Motion, continue this item to a date uncertain.
Action:
C. RESOLUTION NO. 09-9 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, DENYING A VARIANCE
TO CONSTRUCT A GOLF CART SHED WITHIN THE REQUIRED FIVE-
FOOT SIDE YARD SETBACK LOCATED ON PROPERTY LINE AT 46-
020 BURROWEED LANE Case No. VAR 08-261 (Michael and Marianne
Toia, Applicants/Appellants) (Continued from the meeting of February 12,
2009).
Rec: Waive further reading and adopt.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2009
D. REQUEST FOR APPROVAL OF $60,00 IN FACADE ENHANCEMENT
PROGRAM CONSIDERATION FUNDS FOR THE "EL PASEO RETAIL
BUILDING" LOCATED AT 73-750 EL PASEO (Steven J. Gordon, El
Paseo Retail Group, LLC, Applicant) (Continued from the meeting of
February 12, 2009).
Rec: By Minute Motion, approve $60,000 in Facade Enhancement
Program consideration funds to the El Paseo Retail Group, LLC, for
the "El Paseo Retail Building" located at 73-750 El Paseo - funds
are available in Account No. 400-4800-454-3875.
Action:
E. REQUEST FOR APPROVAL OF PROPOSAL FOR THE PAINTER'S
PATH PROJECT FOR ENTRADA DEL PASEO (CONTRACT NO.
C27570E) (Continued from the meeting of February 12, 2009).
Rec: By Minute Motion: 1) Approve one of four proposals submitted for
the Painter's Path Project at Entrada del Paseo in the Eric Johnson
Memorial Gardens; 2) award $250,000 commission to the selected
artist - funds for this purpose in the amount of $168,139.56 are
available in Account No. 436-4650-454-4001 (Public Art Fund) and
in the amount of $81,860.44 in Account No. 850-4358-433-4001
(Redevelopment Agency Fund).
Action:
XVI. OLD BUSINESS
A. REQUEST FOR AUTHORIZATION FOR STAFF TO NEGOTIATE AN
AMENDMENT TO THE REIMBURSEMENT AGREEMENT WITH
SUNRISE DESERT PARTNERS FOR STREET IMPROVEMENTS
ASSOCIATES WITH THE TOSCANA COUNTRY CLUB DEVELOPMENT
(CONTRACT NO. C18170).
Rec: By Minute Motion, authorize staff to negotiate an amendment to the
subject Reimbursement Agreement with Sunrise Desert Partners,
Palm Desert, California, requiring interest to be brought current
while extending payment of the principal for a period of two years.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2009
B. REQUEST FOR APPROVAL OF AMENDMENT NO. 3 TO CONTRACT
NO. C22310A FOR ADDITIONAL DESIGN SERVICES AND APPROVAL
OF CONSTRUCTION COOPERATIVE AGREEMENT NO. 8-1425 WITH
THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORATATION
FOR THE MONTEREY AVENUE INTERCHANGE RAMP
MODIFICATION PROJECT ON INTERSTATE 10 (PROJECT NO. 669-
02).
Rec: By Minute Motion: 1) Approve Amendment No. 3 in the amount of
$409,285 to the subject contract with RBF Consulting, Inc., Palm
Desert, California, for additional design services to complete plans,
specifications and estimate, bidding, award, and construction
support services for the Monterey Avenue Interchange Ramp
Modification Project on Interstate 10; 2) approve Cooperative
Agreement No. 8-1425 between the City of Palm Desert and State
of California Department of Transportation (Caltrans) for the
construction phase of the Monterey Avenue Interchange
Modification Project on I-10; 3) authorize the Mayor to execute said
Amendment No. 3 and Cooperative Agreement No. 8-1425 -- funds
for Amendment No. 3 to contract with RBF are available in Measure
"A" Monterey Ramp Modification Account , No. 213-4389-433-
4001; funds identified in Cooperative Agreement No. 8-1425 are
included in FY 2009 Measure "A," Monterey Ramp Modification
Account, No. 213-4389-433-4001 and I-10 at Monterey-
Landscaping Account, No. 400-4646-433-4001; additional fund 213
monies will be requested in FY 2010 Budget to complete funding of
the project.
Action:
C. 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:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2009
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION
ACTION, DENYING REQUEST FOR A VARIANCE FOR AN EXCEPTION
TO PALM DESERT MUNICIPAL CODE SECTION 25.68 - SIGNS, TO
PERMIT A THIRD MONUMENT SIGN FOR CARL'S JR. IN THE
UNIVERSITY VILLAGE CENTER LOCATED AT 36-879 COOK STREET
Case No. VAR 08-304 (National Sign and Marketing/The Evans Company,
Applicants/Appellants) (Continued from the meetings of December 11,
2008, and February 12, 2009).
Rec: Waive further reading and adopt Resolution No. 09-12, reaffirming
the action of the Planning Commission, denying a variance
requested by Carl's Jr. for a third monument sign on Cook Street
located within the University Village.
Action:
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
B. CITY ATTORNEY
C. CITY CLERK
A. Consideration of Friday, March 20, 2009, for City Council Study Session to
Meet with Departments Regarding the Fiscal Year 2009-2010 Budget.
D. PUBLIC SAFETY
o Fire Department
o Police Department
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2009
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Request to Adjust the May 2009 Regular City Council
Meeting Schedule (Mayor Robert A. Spiegel).
Rec: By Minute Motion, adjust the May 2009 regular City
Council Meeting schedule to hold meetings on
Thursday, May 7, and Thursday, May 21 (instead of
May 14 and May 28).
o City Council Committee Reports:
o City Council Comments:
XIX. ADJOURNMENT
FUTURE MEETINGS:
March 2, 2009 6:00 p.m. Youth Committee
Administrative Conference Room
March 3, 2009 8:30 a.m. Parks & Recreation Commission
Administrative Conference Room
6:00 p.m. Planning Commission
Civic Center Council Chamber
March 10, 2009 12:00 p.m. Architectural Review Commission
Community Services Conference
Room
March 11, 2009 3:30 p.m. Housing Commission
North Wing Conference Room
3:30 p.m. Public Safety Commission
Administrative Conference Room
March 12, 2009 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 20 day of February, 2009.
___________________________
Rachelle D. Klassen, City Clerk
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