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Home My WebLink AboutAGENDA 07 MAY 2009 POSTED AGENDA - S P E C I A L - REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 07, 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. 112, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Health Assessment Resource Center (HARC) Under Negotiation: x Price x Terms of Payment 2) Property: APN 627-071-014 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Michael J. Castelli Other Parties: Under Negotiation: x Price x Terms of Payment 3) Property: APNs 627-071-024 and 627-071-025 Negotiating Parties: POSTED AGENDA SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: The Shou Family Trust Other Parties: Wing Lam Shou, Successor Trustee 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 - Mayor Pro Tem Cindy Finerty VII. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS – B Any person wishing to discuss any item not 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 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. 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 SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXEMPLARY SERVICE - APRIL 2009. Action: B. REAPPOINTMENT OF RUSSELL CAMPBELL TO THE AUDIT, INVESTMENT & FINANCE COMMITTEE. Rec: By Minute Motion, reappoint Russell Campbell to his former position on the Audit, Investment & Finance Committee (term 12/31/10). 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 23, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 213, 215, 216, 221, 226, 230, 236, 237, and 242. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for February 2009 and March 2009 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mamacitas's, 74-991 Velie Way, Suite 4, Palm Desert. Rec: Receive and file. 3 POSTED AGENDA SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Schmidy's Tavern, 72-286 Highway 111, Suites J3 & J4, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Cultural Resources Preservation Committee Meeting of March 31, 2009. 2. Parks & Recreation Commission Meeting of March 3, 2009. Rec: Receive and file. G. LETTER OF RESIGNATION from J. Leo Sullivan - Housing Commission. Rec: Receive with very sincere regret. H. LETTER OF RESIGNATION from Ted Giatas - Marketing Committee. Rec: Receive with very sincere regret. I. REQUEST FOR APPROPRIATION OF FUNDS for Continued Operation and Final Fiscal Year 2008-2009 Payments for Household Hazardous Waste (HHW) Facility Operated by Burrtec Waste & Recycling Services. Rec: By Minute Motion, authorize the appropriation of funds in an amount not to exceed $15,000 for the continued operation and final FY 2008-2009 payments for the HHW Facility operated by Burrtec Waste & Recycling Services from Account No. 236-4195-454-3090 (Recycling Funds). J. REQUEST FOR AUTHORIZATION to Submit Applications for Congestion Mitigation and Air Quality (CMAQ) Funds for Two City Projects in Response to Call for Projects by the Coachella Valley Association of Governments (CVAG). Rec: By Minute Motion, authorize the Director of Public Works to sign and submit the applications for CMAQ Funds for the South Palm Desert Traffic Signal Interconnect and Mid-Valley Bike Path Projects in response to the Call for Projects by CVAG. 4 POSTED AGENDA SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 K. REQUEST FOR AUTHORIZATION to Apply for Department of Homeland Security (DHS) Fiscal Year 2009 Assistance to Firefighters Grant Program. Rec: By Minute Motion, approve staff's request to apply for the DHS FY 2009 Assistance to Firefighters Grant (AFG) Program. L. CONSIDERATION of Public Safety Commission Recommendation Relative to Proposed Location for the New Riverside County Detention Center. Rec: By Minute Motion, approve the recommendation of the Palm Desert Public Safety Commission to formally support the location of the proposed Riverside County Detention Center at a site adjacent to I-10 east of Cabazon. M. REQUEST FOR AUTHORIZATION to Release Maintenance Bond for Parcel Map No. 33736 (Palm Desert Associates, Applicant). Rec: By Minute Motion, accept the maintenance period as complete and authorize the City Clerk to release the subject Maintenance Bond for Parcel Map No. 33736. N. REQUEST FOR AUTHORIZATION to Release Proposals for the Design and Construction of the Civic Center Park Amphitheater (Contract No. C28860). Rec: By Minute Motion, authorize staff to request proposals for the design and construction of the Civic Center Park Amphitheater. O. REQUEST FOR AWARD OF CONTRACT for Construction of a Pickleball Court at University Park East to Larios Builders, Inc., in an Amount Not to Exceed $19,999 (Contract No. C28870). Rec: By Minute Motion, award contract for construction of a Pickleball Court at University Park East in an amount not to exceed $19,999 to Larios Builders, Inc., Rancho Mirage, California - funds are available in the Park Fund, Account No. 430-4668-454-4001. P. REQUEST FOR APPROVAL of Amendment No. 1-A to Contract No. C26550 - Landscape Maintenance Area No. 6 (Project No. 906-08). Rec: By Minute Motion, approve Amendment No. 1-A in the amount of $14,317 to the subject contract with Hort Tech, Inc., Palm Desert, 5 POSTED AGENDA SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 California - funds are available in General Fund Account No. 110- 4614-453 Q. REQUEST FOR APPROVAL of Amendment No. 2 to Contract No. C26561 - Landscape Maintenance Area No. 9 (Project No. 909-08). Rec: By Minute Motion, approve Amendment No. 2 in the amount of $26,122.25 to the subject contract with Hort Tech, Inc., Palm Desert, California - funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. R. REQUEST FOR APPROVAL of Out-of-State Travel for the Public Risk and Insurance Manager's (PRIMA) National Conference in Dallas, Texas, May 31-June 2, 2009. Rec: By Minute Motion, authorize the Risk Manager to travel to Dallas, Texas, to receive "Author of the Year" Award at the subject PRIMA Annual Conference, said travel in an amount not to exceed $400 - funds are available in General Fund Account No. 110-4260-422- 3120. S. REQUEST FOR APPROVAL of a Grant of Easement to Southern California Edison Company (SCE) to Allow Installation of Underground Electrical Systems at Desert Willow to Serve the Starwood Vacation Ownership Project. Rec: By Minute Motion: 1) Approve the subject Grant of Easement to SCE to allow the installation of underground electrical systems on Desert Willow property to serve the Starwood Vacation Ownership Project located on Portola Avenue; 2) authorize the City Manager to execute the Easement Agreement. T. REQUEST FOR AUTHORIZATION to Reject All Bids Received for Landscape Maintenance Areas Nos. 1, 2, 4, 6, 7, and 9 and Re-advertise for Each. Rec: By Minute Motion, reject all bids received for Landscape Maintenance Areas Nos. 1, 2, 4, 6, 7, and 9, and authorize staff to re-advertise for each. U. REQUEST FOR AUTHORIZATION to Reject All Bids Received for Park Maintenance Areas: North, Central, and South, and to Re-advertise for Each. 6 POSTED AGENDA SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 Rec: By Minute Motion, reject all bids received for North, Central, and South Park Maintenance Areas, and authorize staff to re-advertise for each. V. INFORMATIONAL REPORTS: 1. 2008 Palm Desert Emergency Services Annual Report. 2. 2008 Fire Department Annual Report. 3. 2008 Palm Desert Police Department Annual Report. 4. 2008 Public Safety Commission Annual Report. Rec: Receive and file. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 09-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A FEE FOR CHECKS RETURNED WITHOUT PAYMENT. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1183 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM DESERT. Rec: Waive further reading and adopt. Action: 7 POSTED AGENDA SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR CITY ATTORNEY AND REDEVELOPMENT AGENCY COUNSEL SERVICES (CONTRACT NO. C28880). Rec: By Minute Motion: 1) Approve the RFP for City Attorney and Redevelopment Agency Counsel Services; 2) establish a Legal Services Selection Committee to review, interview, and recommend the successful firm(s) or candidate(s) to the City Council/Redevelopment Agency Board, pursuant to the established schedule; 3) designate one Councilmember and two Citizen/Committee Members to serve on the Legal Services Selection Committee, along with the Mayor and City Manager. Action: B. CONSIDERATION OF UPHOLDING THE DIRECTOR OF COMMUNITY DEVELOPMENT'S DENIAL OF A TEMPORARY USE PERMIT FOR TOYOTA OF THE DESERT AUTO SALE IN THE HIGHWAY 111 PARKING LOT AT WESTFIELD SHOPPING CENTER LOCATED AT 72- 840 HIGHWAY 111 Case No. TUP 09-179 (Toyota of the Desert, Applicant). Rec: By Minute Motion, reaffirm the Director of Community Development's denial of a TUP request, based on location for an auto sale in the Highway 111 Parking Lot of Westfield Shopping Center. Action: C. REQUEST FOR APPROVAL OF CONTRACT WITH DIEHL, EVANS & COMPANY, LLP, TO PERFORM AUDITING SERVICES FOR THE CITY OF PALM DESERT, REDEVELOPMENT AGENCY, AND THE PALM DESERT RECREATIONAL FACILITIES CORPORATION FOR THE FICAL YEAR ENDING JUNE 30, 2009, AND THE TRANSIENT OCCUPANCY TAX AUDIT OF THREE HOTELS FOR CALENDAR YEAR 2008. Rec: By Minute Motion: 1) Approve the subject contract with Diehl, Evans & Company, LLP, to perform auditing services for the City of Palm Desert, Redevelopment Agency, and the Palm Desert Recreational Facilities Corporation for the Fiscal Year Ending June 8 POSTED AGENDA SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 30, 2009 (Contract No. C27541); 2) authorize performing the Transient Occupancy Tax Audit on three hotels for calendar year 2008 (Contract No. C27541A). Action: D. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE PALM DESERT CONSOLIDATED LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2009-2010. Rec: Waive further reading and adopt: 1) Resolution No. 09-27, initiating proceedings for the levy and collection of annual assessments for the Palm Desert Consolidated Landscape and Lighting District for FY 2009-2010; 2) Resolution No. 09-28, declaring intent to levy and collect annual assessments for the Palm Desert Consolidated Landscape and Lighting District, and granting preliminary approval of the Engineer's Report for FY 2009-2010. Action: E. REQUEST FOR APPROVAL OF ACTION RELATED TO LEVY THE ANNUAL ASSESSMENT FOR PALM DESERT DRAINAGE BASIN MAINTENANCE ASSESSMENT DISTRICT NO. 01, FISCAL YEAR 2009- 2010. Rec: Waive further reading and adopt Resolution No. 09-29, declaring intent to levy the annual assessment FY 2009-2010 for the Palm Desert Drainage Basin Maintenance Assessment District No. 01, pursuant to the Benefit Assessment Act of 1982, and appointing a time and place for the public hearing on these matters. Action: F. REQUEST FOR AUTHORIZATION TO REIMBURSE THE CITY IN THE AMOUNT OF $216,140 FOR THE FAIR MARKET VALUE OF VACANT LOT (APN 627-092-043) ASSOCIATED WITH THE ALESSANDRO ALLEY IMPROVEMENT PROJECT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Appropriate $216,140 to Account No. 850- 4341-433-4001 from Unobligated Project Area No. 1 Funds; 2) authorize reimbursement to the City in the amount of $216,140 through a Reimbursement Agreement to be executed by the Executive Director; 3) authorize staff to reimburse the Redevelopment Agency using Housing Set-aside Funds, if it is determined that the property or a portion thereof qualifies as low/moderate affordable housing. 9 POSTED AGENDA SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 Action: G. CONSIDERATION OF RESPONSE TO COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT GRAND JURY REPORT. Rec: By Minute Motion, approve the attached draft response to the Grand Jury's Report, regarding the Coachella Valley Mosquito and Vector Control District, or give other direction as deemed appropriate. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO BRETT FIORE OF SIGNATURE SCULPTURE RESTORATION AND MAINTENANCE D.B.A. SAME DAY EXPRESS FOR MAINTENANCE OF THE CITY OF PALM DESERT'S PUBLIC ART COLLECTION AND THE EL PASEO INVITATIONAL EXHIBITION (CONTRACT NO. C28720). Rec: By Minute Motion: 1) Award the subject contract to Brett Fiore of Signature Sculpture Restoration and Maintenance d.b.a. Same Day Express, Palm Desert, California, for a period of three (3) years, renewable each year upon City Council approval, in the amount of $37,500/year; 2) authorize the Mayor to execute said contract-- funds are available in Account No. 240-4650-454-3372. Action: B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 7 AND ACCEPTANCE OF WORK FOR CONTRACT NO. C25570A - ASSESSMENT DISTRICT NO. 2004-02 (PROJECT NO. 627-05) (Skanska Civil USA West \[formerly Yeager-Skanska, Inc.\], Riverside, CA). Rec: By Minute Motion: 1) Approve Change Order No. 7 in the amount of $82,532.15 to the subject contract with Skanska Civil USA West, Riverside, California, for construction of Assessment District No. 2004-02 - funds are available in Account No. 469-4350-433-4001 - Assessment District No. 2004-02 (no General Fund money being used for this expenditure); 2) authorize the Mayor to execute Change Order No. 7; 3) accept the work as complete for the subject contract; 4) authorize the City Clerk to file a Notice of Completion for the subject project. 10 POSTED AGENDA SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 Action: C. REQUEST FOR AUTHORIZATION FOR THE MAYOR TO APPROVE 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, authorize the Mayor to approve the Commercial EIP Loan to Veridian, LLC, for a 60.5 kW photovoltaic solar system in the amount of $522,092 to be installed at 42-635 Melanie Place, Palm Desert. Action: XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION ACTION, DENYING A REQUST FOR A VARIANCE FOR AN EXCEPTION TO PALM DESERT MUNICIPAL CODE SECTION 26.68 - 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, February 12, February 26, March 12, and April 9, 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: B. REQUEST FOR APPROVAL OF THE OUTSIDE AGENCY FUNDING COMMITTEE'S FISCAL YEAR 2009-2010 RECOMMENDATIONS AND OF THE ONE-YEAR ACTION PLAN FOR THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Rec: By Minute Motion: 1) Approve Outside Agency Funding Committee's FY 2009-2010 CDBG recommendations as presented; 2) approve FY 2009-2010 CDBG One-year Action Plan; 3) authorize the City Manager to sign the One-year Action Plan Certifications; 4) authorize staff to submit the Action Plan to the U.S. Department of Housing and Urban Development (HUD). Action: 11 POSTED AGENDA SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 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: 12 POSTED AGENDA SPECIAL PALM DESERT CITY COUNCIL MEETING MAY 7, 2009 XIX. ADJOURNMENT FUTURE MEETINGS: May 12, 2009 12:00 p.m. Architectural Review Commission Community Services Conference Room May 13, 2009 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room May 14, 2009 3:00 p.m. Regular City Council/RDA Meetings -CANCELED- May 18, 2009 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room May 19, 2009 8:30 a.m. Parks & Recreation Commission -CANCELED- 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber May 20, 2009 9:00 a.m. Art In Public Places Commission Visitor Center – 72567 Highway 111 11:30 a.m. Landscape Beautification Committee Public Works Conference Room 3:00 p.m. Library Promotion Committee -CANCELED- May 21, 2009 3:00 p.m. Adj. 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 st not less than 72 hours prior to the meeting. Dated this 1 day of May, 2009. ___________________________ Rachelle D. Klassen, City Clerk 13