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Home My WebLink AboutAGENDA 25 JUN 2009 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 25, 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, 73710 Fred Waring Drive, Suite No. 106, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Coachella Valley Economic Partnership Under Negotiation: x Price x Terms of Payment 2) Property - Lease Property - Desert Willow Golf Resort - 38995 Desert Willow Drive, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Palm Desert Recreational Facilities Corporation Under Negotiation: x Price x Terms of Payment 3) Property: APN 624-290-001 Negotiating Parties: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 Agency: John M. Wohlmuth/Mark Greenwood/John Garcia/ City of Palm Desert Property Owner: SMG 17, LLC WGBK, LLC 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 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson VII. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS – B IX. Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Redevelopment Agency, Housing Authority or Financing 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, Housing Authority or Financing Authority Boards. Because the Brown Act does not allow the City Council, Redevelopment Agency, Housing Authority or Financing 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, Housing Authority or Financing 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. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF UPDATE ON FAMILY YMCA OF THE DESERT'S SPRING ACTIVITIES. Rec: Family YMCA Executive Director Rob Ballew to provide video presentation. Action: B. APPOINTMENT OF PALM DESERT YOUTH COMMITTEE MEMBERS. Rec: By Minute Motion, appoint Kevin Autran and Jason Richard to the Palm Desert Youth Committee to fill the vacancies created by the resignation of Katie Pawelczk and Ryan Sheehy (terms 12/31/09). 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 June 11, 2009 Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 274, 278, and 279. Rec: Approve as presented. C. PUBLIC SAFETY COMMISSION MINUTES for the Meeting of May 13, 209. Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 D. REQUEST FOR AUTHORIZATION to Streamline and Approve the Use of Various Building Maintenance Services Vendors for Fiscal Year 2009- 2010 by Granting Exception to Bidding Requirements Provided for by Section 3.32.090 of the Palm Desert Municipal Code. Rec: By Minute Motion: 1) Approve of and authorize staff to use vendors specified on the Building Maintenance Services Various Vendors list attached to the accompanying staff report; 2) grant exception to Bidding Requirements as provided for by Section 3.32.090 of the Palm Desert Municipal Code for Fiscal Year 2009-2010 for this purpose. E. REQUEST FOR AUTHORIZATION to Seek Bids for Consideration of the Southern Ring Road Extension at the California State University, San Bernardino, Palm Desert Campus (Contract No. C29090) (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, authorize staff to seek bids for construction of a portion of the Ring Road at the California State University, San Bernardino, Palm Desert Campus (CSUSB), connecting existing Berger Circle Drive to Frank Sinatra Drive - funds of $1.5 million have been earmarked in the Redevelopment Agency Budget. F. REQUEST FOR APPROVAL of a Lease Agreement Between the City of Indian Wells and the City of Palm Desert for Housing a Paramedic Unit at Indian Wells Fire Station No. 55 (Contract No. C29100). Rec: By Minute Motion: 1) Authorize the Mayor to execute a Lease Agreement between the City of Indian Wells and the City of Palm Desert to house a paramedic unit at Indian Wells Fire Station No. 55; 2) approve the purchase and installation of an exhaust drop- down at Indian Wells Fire Station No. 55, with cost estimated not to exceed $3,579 and funds available in Fire Fund 230 for this purpose. G. REQUEST FOR APPROVAL of an Amendment to the Contract with Southwest Aquatics for Maintenance of the Civic Center Park Lagoon and Entrada del Paseo Water Feature to Include the Eric Johnson Garden (Contract No. C27821). Rec: By Minute Motion, approve an amendment to the subject Maintenance Contract with Southwest Aquatics, Palm Desert, California, to include the Eric Johnson Garden in the amount of $1,080 - funds are available in General Fund Account No. 110- 4614-453-3370. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 H. REQUEST FOR AUTHORIZATION to Release Funds in Trust Deposit No. 3310 to Cingular Wireless for Installation of Trees at Civic Center Park (Cingular Wireless, Applicant). Rec: By Minute Motion, authorize the Finance Department to: 1) Debit Faithful Performance Account No. 610-0000-228-0600 in the amount of $25,000 to release Trust Deposit No. 3310; 2) credit the Reimbursements from Non-Government Parties Account No. 110- 0000-349-9400 in the amount of $5,272 for costs incurred by the City associated with the relocation of trees in Civic Center Park; 3) reimburse the balance of funds released from Trust Deposit No. 3310 in the amount of $19,728 to Cingular Wireless. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1187 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 5.91 - ABANDONED SHOPPING CARTS - TO THE PALM DESERT MUNICIPAL CODE. Rec: Waive further reading and pass to second reading. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 B. ORDINANCE NO. 1188 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 15.06 - ENERGY CODE - TO THE PALM DESERT MUNICIPAL CODE AND REPEALING TITLE 24, SECTION 24.30 - ENERGY EFRFICIENCY STANDARDS. Rec: Waive further reading and pass to second reading. Action: C. ORDINANCE NO. 1189 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 15.11 - GREEN BUILDING - TO THE PALM DESERT MUNICIPAL CODE. Rec: Waive further reading and pass to second reading. Action: For Adoption: A. ORDINANCE NO. 1186 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING FIRST AMENDMENTS TO THE DEVELOPMENT AGREEMENTS RELATING TO THE EXPANSION OF SAKS 5TH AVENUE AT THE EXISTING GARDENS ON EL PASEO AND FOR THE EL PASEO VILLAGE REMODEL Case Nos. DA 07-03 and DA 07-04 Amendments #1 (Davis Street Land Company, Applicant). Rec: Waive further reading and adopt. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION FOR STAFF TO PURCHASE REPLACEMENT CHINA AND SERVICEWARE FOR DESERT WILLOW GOLF RESORT. Rec: By Minute Motion, authorize: 1) The City Manager to purchase replacement china and serviceware for Desert Willow Golf Resort in an amount not to exceed $52,000; 2) surplusing majority of the existing china, authorizing staff to donate to a non-profit organization and retaining a small portion for back-up - funds are available in Fiscal Year 2008-2009 Capital Budget for Desert Willow Golf Resort. Action: B. REQUEST FOR APPROVAL OF AGREEMENT BETWEEN THE CITY OF PALM DESERT AND COACHELLA VALLEY WATER DISTRICT (CVWD) FOR THE SMART WATER METERING PROJECT (CONTRACT NO. C29110). Rec: By Minute Motion: 1) Approve subject agreement between the City and CVWD for the Smart Water Metering Project; 2) approve the City of Palm Desert's funding of $20,000 for the project; 3) authorize the City Manager to execute the agreement - funds are available in General Fund Account No. 110-4614-453-3915 - Special Program - Water Conservation. Action: C. REQUEST FOR APPROVAL OF CONTRACT WITH OFFICE DEPOT FOR CITYWIDE GENERAL OFFICE SUPPLIES (CONTRACT NO. C29120). Rec: By Minute Motion, approve the subject contract with Office Depot for a one-year period, with two possible one-year extensions. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 D. REQUEST FOR REVIEW AND APPROVAL OF OUTSIDE AGENCY FUNDING (CHARITABLE CONTRIBUTIONS) FOR FISCAL YEAR 2009- 2010. Rec: By Minute Motion: 1) Approve award of charitable contributions in the total amount of $233,000 to the agencies named in the accompanying staff report, with associated restrictions and conditions; 2) authorize the Mayor to execute agreements with said agencies for awarded funding. Action: E. REQUEST FOR AWARD OF CONTRACT TO BEST CONTRACTING SERVICES IN THE AMOUNT OF $83,628 FOR THE CORPORATION YARD RE-ROOFING PROJECT (CONTRACT NO. C28850). Rec: By Minute Motion: 1) Reject AAA Roofing by Gene, Inc., bid as non-responsive; 2) award the subject contract for Corporation Yard Re-roofing Project to Best Contracting Services, Gardena, California, in the amount of $83,628; 3) authorize an additional $8,362.80 as a 10% contingency for the project; 4) authorize the Mayor to execute said contract - funding is available in the Building Maintenance Reserve for City-owned Facilities Account, No. 450- 4164-415-4001, set aside for major maintenance projects on City- owned Buildings. Action: F. REQUEST FOR AWARD OF CONTRACT TO DATELAND CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $83,914 FOR THE CIVIC CENTER PARKING LOT REHABILITATION PROJECT (CONTRACT NO. C28890). Rec: By Minute Motion: 1) Award the subject contract for Civic Center Parking Lot Rehabilitation Project to Dateland Construction Company, Inc., Indio, California, in the amount of $83,914; 2) appropriate $83,914 to Account No. 400-4313-433-4001 from Unobligated Fund 400; 3) transfer budget in the amount of $83,914 from Account No. 110-4313-433-3320 (Parking Lot Maintenance) to Account No. 110-4199-499-5010 (Transfer Out Account); 4) transfer the funds from the General Fund to Fund 400; 5) authorize the Mayor to execute the subject agreement - funding available in the Capital Reserve Account, No. 400-4313-433-4001. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 G. REQUEST FOR AWARD OF CONTRACT TO HARDY AND HARPER, INC., IN THE AMOUNT OF $834,000 FOR THE FRED WARING DRIVE OVERLAY PROJECT (CONTRACT NO. C28900). Rec: By Minute Motion: 1) Award the subject contract for the Fred Waring Drive Overlay Project to Hardy and Harper, Inc., Santa Ana, California in the amount of $834,000; 2) allocate $200,000 from Account No. 400-4311-433-4001 to the subject project; 3) appropriate $634,000 to Account No. 400-4311-433-4001 from Unobligated Fund 400; 4) transfer budget in the amount of $634,000 from Account No. 110-43611-433-3320 (Street Resurfacing Account) to Account No. 110-4199-499-5010 (Transfer Out Account); 5) transfer the funds from the General Fund to Fund 400; 6) authorize the Mayor to execute the subject agreement- funding available in the Capital Reserve Account, No. 400-4311- 433-4001. Action: H. CONSIDERATION OF A REQUEST BY COLLEGE OF THE DESERT FOR ENDORSEMENT OF ITS DRAFT POLICY AND SUSTAINABILITY STEWARDSHIP. Rec: By Minute Motion: 1) Approve a request by College of the Desert (COD) for endorsement of their Draft Policy on Sustainability Stewardship; 2) direct the City Manager to prepare correspondence to COD, indicating the City Council's endorsement of COD's Draft Policy on Sustainability Stewardship and include staff and City Council's (if any) recommendations concerning this document. Action: XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF THE DEVELOPMENT OF AN "ARTIST SHOWCASE" CONCERT SERIES IN CIVIC CENTER PARK (Continued from the meetings of May 21 and June 11, 2009). Rec: By Minute Motion, withdraw this request from the agenda. Action: XVI. OLD BUSINESS None 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION, DENYING A CONDITIONAL USE PERMIT (CUP) TO OPERATE A SHORT-TERM RENTAL IN AN R-1 SINGLE FAMILY ZONE LOCATED AT 77-040 UTAH CIRCLE Case No. CUP 09-160 (Lisa Theodoratus, Applicant/Appellant). Rec: Waive further reading and adopt Resolution No. 09-51, affirming the appeal and approving CUP 09-180. Action: B. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT UPDATING AND REVISING PALM DESERT MUNICIPAL CODE SECTION 25.68 - SIGNS Case No. ZOA 09-104 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1190 to second reading, approving ZOA 09-104. Action: C. REQUEST FOR APPROVAL OF AMENDMENTS TO THE CITY OF PALM DESERT ENERGY INDEPENDENCE PROGRAM (EIP) ADMINISTRATIVE GUIDELINES. Rec: Waive further reading and adopt Resolution No. 09-52, approving amendments to the Energy Independence Program Report and Administrative Guidelines prepared pursuant to Section 5898.22 of the California Streets and Highways Code. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 D. CONSIDERATION OF THE AUTHORIZATION OF ISSUANCE OF THE PALM DESERT FINANCING AUTHORITY'S ENERGY INDEPENDENCE PROGRAM, VARIABLE RATE DEMAND LEASE REVENUE BONDS, SERIES 2009 (FEDERALLY TAXABLE), AND APPROVAL OF RELATED DOCUMENTS (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Rec: Waive further reading and adopt. 1) Financing Authority Resolution No. FA-63, authorizing the issuance, sale, and delivery of the Authority's Energy Independence Program, Variable Rate Demand Lease Revenue Bonds, Series 2009 (Federally Taxable); approving as to form and authorizing the execution and delivery of certain documents in connection therewith; and authorizing certain other matters relating thereto. 2) City Council Resolution No. 09-53, making a finding of significant public benefit, approving as to form and authorizing the execution and delivery of certain documents in connection with the sale and issuance of the Palm Desert Financing Authority's Energy Independence Program, Variable Rate Demand Lease Revenue Bonds, Series 2009 (Federally Taxable), and authorizing certain other matters relating thereto. Action: 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 E. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR FISCAL YEAR 2009-2010 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Rec: 1) Conduct a Joint Public Hearing of the City Council, Redevelopment Agency, and Housing Authority on the proposed budgets FY 2009-2010. 2) Waive further reading and adopt City Council Resolution No. 09-54, adopting a City Program and Financial Plan for the Fiscal Year July 1, 2009, through June 30, 2010. 3) Waive further reading and adopt City Council Resolution No. 09-55, establishing the Appropriations Limit for FY 2009- 2010. 4) Waive further reading and adopt Redevelopment Agency Resolution No. 560, adopting a Redevelopment Agency Program and Financial Plan for the Fiscal Year July 1, 2009, through June 30, 2010. 5) Waive further reading and adopt Housing Authority Resolution No. HA-40, adopting a Housing Authority Program and Financial Plan for the Fiscal Year July 1, 2009, through June 30, 2010. 6) Waive further reading and adopt City Council Resolution No. 09-56, setting the Salary Schedule, Salary Ranges, and Allocated Classifications for FY 2009-2010. 7) By Minute Motion, approve the Out-of-State Travel as listed in the accompanying staff report. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 C. CITY CLERK 1) Request for Designation of Voting Delegates and Alternative(s) for the League of California Cities Annual Conference, September 16-18, 2009, San Jose. Rec: By Minute Motion, designate the City of Palm Desert's voting delegate and alternate(s) for the 2009 League of California Cities Annual Conference, San Jose. 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 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 2009 FUTURE MEETINGS: June 30, 2009 10:00 a.m. Cultural Resources Preserv. Cmte Administrative Conference Room July 6, 2009 6:00 p.m. Youth Committee -CANCELED- Summer Schedule July 7, 2009 8:30 a.m. Parks & Recreation Commission -CANCELED- Will adj. to July 21, 2009 6:00 p.m. Planning Commission Civic Center Council Chamber July 8, 2009 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room June 9, 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 not less than 72 hours prior to the meeting. Dated this 19thday of June, 2009. ___________________________ Rachelle D. Klassen, City Clerk 14