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HomeMy WebLinkAboutAGENDA 22 JAN 2009 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 22, 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: 1) Property: Lease Property - Parkview Professional Office Complex - 7370 Fred Waring Drive, Suite No. 116, Palm Desert Negotiating Parties: Agency: Justin McCarthy/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: State of California, Assembly Committee on Rules 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 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 22, 2009 Public Employment Pursuant to Government Code Section 54957 Title of Position: City Manager 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 Robert A. Spiegel VII. INVOCATION - Mayor Pro Tem Cindy Finerty VIII. ORAL COMMUNICATIONS – B Any person wishing to discuss any item no scheduled for public hearing 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 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. 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 None 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 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 January 8, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 139, 143, 144, 148, and 149. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORT for the Month of November 2008 (Joint Consideration with the Palm Desert Redevelopment Agency.) Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pat & Oscar's Restaurant, 72-840 Highway 111, Suite W465, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Cultural Resources Preservation Committee Meeting of November 25, 2008. 2. Youth Committee Meeting of December 1, 2008. Rec: Receive and file. F. LETTER OF RESIGNATION from Melissa Allensworth - Marketing Committee. Rec: Receive with very sincere regret. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2009 G. REPORT Pursuant to Section 33080.1 of the California Health & Safety Code (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, receive and file. H. REQUEST FOR AUTHORIZATION to Distribute a Request for Proposals (RFP) for Professional Marketing Services for the City of Palm Desert (Contract No. C28480). Rec: By Minute Motion, authorize distribution of a Request For Proposals (RFP) for Professional Marketing Services for the City of Palm Desert. I. REQUEST FOR AUTHORIZATION to Purchase of the Publication "Images of America - Palm Desert" and Profit-sharing of the Proceeds with the Historical Society of Palm Desert. Rec: By Minute Motion, authorize purchase of the publication "Images of America - Palm Desert" and profit-sharing of the proceeds with The Historical Society of Palm Desert -- funds are available in Account No. 110-4419-453-8012. J. REQUEST FOR APPROVAL of 30-day Extension to the City's Solid Waste Franchise Agreement with Burrtec Waste and Recycling (Contract No. C17230A). Rec: By Minute Motion, approve a 30-day extension to the subject Solid Waste Franchise Agreement with Burrtec Waste and Recycling. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28020 - San Pascual Channel Low-Flow Channelization Improvements Project (Project No. 518-08) (Dateland 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 AUTHORIZATION to Release Performance Security for The Living Desert Administration Building - Case No., CUP 04-12 (The Living Desert, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the Performance Security in the amount of $7,388 for Case No. CUP 04-12. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2009 M. REQUEST FOR WAIVER OF FEES Associated with The Historical Society of Palm Desert's 9th Annual Ed Mullins Picnic In the Park. Rec: By Minute Motion, waive fees associated with The Historical Society of Palm Desert's 9th Annual Ed Mullins Picnic In The Park scheduled to be held on Sunday, March 29, at Pavilion No. 1 in the Palm Desert Civic Center Park. N. REQUEST FOR WAIVER OF FEES Associated with The Historical Society of Palm Desert's Founder's Day Celebration. Rec: By Minute Motion, waive fees associated with The Historical Society of Palm Desert's Annual Founder's Day Celebration scheduled to be held on Saturday, May 16, 2009, in the Council Chamber located at the Palm Desert Civic Center. O. REQUEST FOR ACCEPTANCE of West Coast Arborists' Donation to the Public Works Department. Rec: By Minute Motion, accept West Coast Arborists' donation of a wooden, two-person bench to the City's Public Works Department. P. INFORMATIONAL ITEMS 1. Report on Federal Approval of Congestion Mitigation and Air Quality (CMAQ) Project Grant Funding. 2. Update on Media Placements and Public Relations Activities for the City of Palm Desert as Provided by Nancy J. Friedman Public Relations. Rec: Receive and file. Action: XI. CONSENT ITEMS HELD OVER 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2009 XII. RESOLUTIONS A. RESOLUTION NO. 09-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2008-2009 BUDGET AS A RESULT OF MID-YEAR ADJUSTMENTS. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AWARD OF PURCHASE CONTRACT TO FORMS AND SURFACES FOR TRASH/RECYCLE RECEPTACLES FOR CITY PARKS (CONTRACT NO. C28490). Rec: By Minute Motion: 1) Approve the sole-source purchase of trash/recycle receptacles; 2) award purchase contract for same to Forms and Surfaces, Pittsburgh, Pennsylvania; 3) authorize appropriation and expenditure of funds for same in the amount of $232,373.25 from the Recycle Fund, Account No. 236-4195-454- 3090. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2009 B. REQUEST FOR APPROVAL OF $175,000 EXPENDITURE FOR PRESENTING SPONSORSHIP OF FASHION WEEK EL PASEO 2009, MARCH 23-29. Rec: By Minute Motion, authorize expenditure of $175,000 to Palm Springs Life for Presenting Sponsorship of Fashion Week El Paseo 2009 - funds are included in the FY 2008-2009 Special Events Budget. Action: C. REQUEST FOR AUTHORIZATION FOR THE CITY MANAGER TO REVIEW AND APPROVE A PROPOSED TEMPORARY USE PERMIT FOR A CERTIFIED FARMERS MARKET AT ENTRADA DEL PASEO (City of Palm Desert, Applicant). Rec: By Minute Motion, authorize the City Manager to review and approve a Temporary Use Permit as the property owner for Entrada del Paseo. Action: D. REQUEST FOR APPROVAL OF A PURCHASE ORDER TO FRAZER AMBULANCE IN AN AMOUNT NOT TO EXCEED $86,875 PLUS APPLICABLE TAXES FOR THE REFURBISHMENT AND REMOUNTING OF MEDIC UNIT #M71. Rec: By Minute Motion, authorize staff to issue a purchase order to Frazer Ambulance in an amount not to exceed $86,875 plus applicable taxes - funds for this purpose have been budgeted for in FY 2008-09 in Fund 530. Action: E. REQUEST FOR EXTENSION OF CONTRACT FOR JANITORIAL SERVICES AT CITY OF PALM DESERT PARKVIEW OFFICE COMPLEX FOR ONE ADDITIONAL YEAR (CONTRACT NO. C22165). Rec: By Minute Motion, approve extension of the subject contract with D.W. Nicholson, LLC, d.b.a. Desert Building Services, Rancho Mirage, California, to perform janitorial services for the City of Palm Desert Parkview Office Complex for one additional year in the amount of $6,085/month ($73,020). Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2009 F. REQUEST FOR AUTHORIZATION TO NEGOTIATE TERMS OF AN AGREEMENT TO RELEASE FUNDS TO FOOD IN NEED OF DISTRIBUTION (FIND) FOR ACQUISITION OF A WAREHOUSE FACILITY (CONTRACT NO. C28500). Rec: By Minute Motion, authorize the City Attorney, Assistant City Manager, and Finance Director to negotiate terms of an agreement to release funds to FIND for its acquisition of a warehouse facility -- funds for this purpose are available in Fund 400. Action: G. REQUEST FOR ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY, REGARDING FUNDING OF PHASE 2 LOANS FOR THE PALM DESERT ENERGY INDEPENDENCE PROGRAM (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: Waive further reading and adopt. 1) City Council Resolution No. 09-2, amending Resolution No. 08-75, regarding its intention to finance distributed generation renewable energy sources and energy efficiency improvements. 2) City Council Resolution No. 09-3, providing for the issuance and sale of limited obligation improvement bonds in principal amount not to exceed $2.5 million, approving as to form and authorizing the execution and delivery of a bond purchase agreement in connection therewith, and authorizing certain other matters relating thereto. 3) Redevelopment Agency Resolution No. 555, authorizing the Redevelopment Agency's investment in and purchase of the City of Palm Desert's Energy Independence Program, Limited Obligation Improvement Bonds, Series 2009A (Taxable), approving as to form and authorizing the execution and delivery of a bond purchase agreement in connection therewith, and authorizing certain other matters relating thereto. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2009 XV. CONTINUED BUSINESS A. REQUEST FOR AUTHORIZATION FOR STAFF TO NEGOTIATE WITH WELLS FARGO BANK REGARDING ITS PROPOSAL TO ASSIST THE CITY WITH STRUCTURING A VARIABLE RATE BOND ISSUE TO PROVIDE FINANCING FOR THE CITY'S ENERGY INDEPENDENCE PROGRAM (Continued from the meetings of November 20, November 24, and December 11, 2008). Rec: By Minute Motion, withdraw this item from the agenda. Action: XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE POLICIES AND PROCEDURES FOR THE CITY'S TRAFFIC SIGNAL BOX ARTISTIC TREATMENT PROGRAM. Rec: By Minute Motion, approve the Policies and Procedures established for the Traffic Signal Box Artistic Treatment Program in the City of Palm Desert as presented. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2009 XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION ACTION, DENYING A REQUEST FOR A VARIANCE TO ALLOW THE REDUCTION OF A REQUIRED MINIMUM SIDE YARD SETBACK FROM FIVE FEET TO ZERO FEET TO ALLOW CONSTRUCTION OF A GOLF CART SHED LOCATED ON THE PROPERTY LINE FOR AN EXISTING SINGLE-FAMILY HOME AT 46-020 BURROWEED LANE Case No. VAR 08-261 (Michael and Marianne Toia, Applicants/Appellants). Rec: 1) By Minute Motion, reverse the action of the Planning Commission, denying a variance to allow the reduction of a required minimum side yard setback from five feet to zero feet to allow construction of a golf cart shed located on the property line for an existing single-family home at 46-020 Burroweed Lane. 2) Waive further reading and adopt Resolution No. 09-4, approving Variance 08-261, subject to conditions attached thereto. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o Police Department 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2009 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: 1. Report from Public Safety Commission Subcommittee on Emergency Preparedness (Mayor Pro Tem Cindy Finerty). Action: o City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: January 27, 2009 10:00 a.m. Audit, Investment & Finance Cmte. North Wing Conference Room 10:00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room January 29, 2009 3:00 p.m. Citizens’ Adv. Cmte. for Proj. Ara #4 (Adj. From January 19, 2009) Administrative Conference Room February 2, 2009 6:00 p.m. Youth Committee Administrative Conference Room February 3, 2009 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber February 10, 2009 12:00 p.m. Architectural Review Commission Community Services Conference Room February 11, 2009 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room February 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 16 day of January, 2009. ___________________________ Rachelle D. Klassen, City Clerk 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 2009 12