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Home My WebLink AboutAGENDA 12 NOV 2009 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 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. 100, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: George Hanover Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex – 73710 Fred Waring Drive, Suite No. 101, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Paul Golden/George Turner Under Negotiation: x Price x Terms of Payment 3) Property: Lease Property - Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 208, Palm Desert POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2009 Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: State of California, Department of Food & Agriculture Under Negotiation: x Price x Terms of Payment 4) Property: 42135 Kansas Street (APN 637-033-001), Palm Desert Negotiating Parties: Agency: Justin McCarthy/Mark Greenwood/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Fannie Mae/Brian Barr, Broker Under Negotiation: x Price x Terms of Payment 5) Property: APN 628-130-015 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Barracuda, LLC Under Negotiation: x Price x Terms of Payment 6) Property: APN 628-130-008 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: David Nelson Under Negotiation: x Price x Terms of Payment 7) Property: APN 628-120-005 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Roger Snellenberger Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) PDCC Development LLC, Petition for Bankruptcy, United States Bankruptcy Court, Central District of California 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. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2009 A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATE OF AMERICA – Councilman Richard S. Kelly VII. INVOCATION – Councilmember Jean M. Benson VIII. ORAL COMMUNICATIONS – B 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. 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 PROCLAMATION DECLARING WEDNESDAY, NOVEMBER 18, 2009, AS "NATIONAL PHILANTHROPY ®" DAY IN THE CITY OF PALM DESERT. Action: B. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEE FOR EXEMPLARY SERVICE - OCTOBER 2009. Action: C. PRESENTATION TO THE CITY COUNCIL BY THE ABRAHAM LINCOLN ELEMENTARY SCHOOL AFTER SCHOOL PROGRAM. Action: D. PRESENTATION TO THE CITY COUNCIL BY THE PALM DESERT CHARTER MIDDLE SCHOOL AFTER SCHOOL PROGRAM. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2009 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 October 22, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 98, 99, 102, 103, and 107. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#651) by Michelyn Flynn in the Amount of $500,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of June 2009, July 2009, and August 2009 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Casa Mendoza Mexican Cuisine & Bar, 36901 Cook Street, Suites 3 & 4, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of September 16, 2009. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2009 2. Audit, Investment & Finance Committee Meetings of June 23, 2009, and July 28, 2009. 3. Cultural Resources Preservation Committee Meeting of September 29, 2009. 4. Landscape Beautification Committee Meeting of August 19, 2009. 5. Marketing Committee Meetings of May 19, 2009, and May 27, 2009. Rec: Receive and file. G. REQUEST FOR EXTENSION of Contract with D.W. Nicholson, LLC, d.b.a. Desert Building Services to Perform Janitorial Services at the Henderson Community Building for One Year in the Amount of $16,200 (Contract No. C22161A). Rec: By Minute Motion, approve extension of the subject contract with D.W. Nicholson, LLC, d.b.a. Desert Building Services to perform janitorial services for the Henderson Community Building for one additional year in the amount of $16,200 - funds are available in Account No. 510-4195-495-3698. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28660 - 2009 Citywide Restriping Project (Project No. 564-09) (Orange County Striping Services, Inc., Orange, 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. I. REQUEST FOR AUTHORIZATION to Release Improvement Security for the Colonnade and Accept a One-year Maintenance Bond - Case No. PP 07-08 (Desert El Paseo, LP/Harkman Family Enterprises, LP, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the Improvement Security for the Colonnade (PP 07-08) and accept a One-year Maintenance Bond. J. REQUEST FOR AUTHORIZATION to Release the Performance Bond for Tract Map No. 32420 and Accept a One-year Maintenance Bond (Brava Development Group, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the Performance Bond for Tract Map No. 32420 (Brava) and accept a One-year Maintenance Bond. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2009 K. REQUEST FOR APPROVAL of a Mayoral Dinner Recognizing the Official Visit of Presidente Municipal Ing. Alejandro Bravo Abarca of Palm Desert's Sister City of Ixtapa-Zihuatanejo. Rec: By Minute Motion, approve a Mayoral Dinner in an amount not to exceed $1,400 to be held on Saturday, November 14, 2009, recognizing the official visit of Presidente Municipal Ing. Alejandro Bravo Abarca of Palm Desert's Sister City of Ixtapa-Zihuatanejo - funds are available in the City Council Local Meetings Account, No. 110-4110-410-3125. L. REQUEST FOR APPROVAL of the Sale, Possession, and Consumption of Wine and/or Spirits at the Joslyn Cove Senior Center's Fiscal Year 2009-2010 Sponsored Events. Rec: By Minute Motion, approve the sale, possession, and consumption of wine and/or spirits at the Joslyn Cove Senior Center's FY 2009- 2010 Sponsored Events, as enumerated on the accompanying staff report. M. INFORMATIONAL UPDATE Regarding Application for Designation as Bicycle-friendly City from the League of American Bicyclists. Rec: Receive and file. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 09-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING EXTENDED PRODUCER RESPONSIBILITY - CALIFORNIA UNIVERSAL WASTE RULE. Rec: Waive further reading and adopt. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2009 B. RESOLUTION NO. 09-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NOS. 08-101, 07-72, AND 02-8, ADOPTING A TRAVEL EXPENSE REIMBURSEMENT POLICY FOR OFFICIAL CITY BUSINESS BY ELECTED/APPOINTED OFFICIALS AND CITY EMPLOYEES. Rec: Waive further reading and adopt. Action: C. RESOLUTION NO. 09-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AN EXPENSE REIMBURSEMENT POLICY FOR LOCAL MEETINGS/EVENTS ATTENDANCE BY ELECTED/APPOINTED OFFICIALS AND CITY EMPLOYEES. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) SEEKING ARTISTS FOR THE PUBLIC ART COMPONENT AT THE PALM DESERT AQUATICS CENTER, AND APPROVE THREE (3) $1,000 HONORARIUMS TO FINALISTS TO CREATE PROPOSALS (CONTRACT NO. C29310). Rec: By Minute Motion: 1) Authorize staff to issue an RFQ, seeking artists for the public art component at the Palm Desert Aquatics Center to be located in the Date Grove of Civic Center Park; 2) approve an honorarium in the amount of $1,000 each to three finalist to create a design proposal for the artwork for the Palm Desert Aquatics Center - funds are available in Account No. 436- 4650-454-3010. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2009 B. REQUEST FOR APPROVAL OF PARCEL MAP NO. 34211-1, THE RELATED IMPROVEMENT AGREEMENT, AND DRAINAGE CHANNEL MAINTENANCE AGREEMENT (MATTHEW JOHNSON, WILSON JOHNSON CRE, IN., APPLICANT). Rec: 1) Waive further reading and adopt Resolution No. 09-79, approving Parcel Map No. 34211-1 and the Improvement Agreement related thereto; 2) by Minute Motion, authorize the City Manager to execute a related Drainage Channel Maintenance Agreement. Action: C. REQUEST FOR APPROVAL OF ACTIONS RELATED TO AN EXCHANGE OF REAL PROPERTY WITH DESERT SANDS UNIFIED SCHOOL DISTRICT. Rec: By Minute Motion, authorize the Mayor to : 1) Execute an Agreement for Exchange of Real Property with Desert Sands Unified School District (Contract No. C29320); 2) execute a Grant Deed to convey real property; 3) accept two Grant Deeds in the Exchange. Action: D. REQUEST FOR AUTHORIZATION TO PROCEED WITH THE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (CONTRACT NO. C29330, PROJECT NO. 552.10). Rec: By Minute Motion, authorize: 1) Staff to issue a Request for Proposals (RFP) from traffic engineering firms to provide traffic signal synchronization timing services in an amount not to exceed $70,000; 2) staff to solicit bids to provide traffic data collection services in an amount not to exceed $10,000; 3) transfer of $80,000 from Account No. 234-4264-422-4001 (Traffic Signal at Frank Sinatra and Gerald Ford) to the Project Account in Traffic Signal Fund 234 (Account Number to be established by the Finance Department). Action: E. REQUEST FOR APPROVAL OF THE 11TH ANNUAL "TURKEY TROT" 5K RUN/WALK TO BE HELD ON NOVEMBER 26, 2009, INCLUDING CLOSURE OF PUBLIC STREETS. Rec: Report and final recommendation will be made at the City Council Meeting. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2009 F. REQUEST FOR APPROVAL OF THE APPROPRIATION OF FUNDS IN THE AMOUNT OF $92,992 FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) PROGRAM. Rec: By Minute Motion, appropriate funds in the amount of $92,992 for the Community Development Block Grant Recovery (CDBG-R) Program. Action: G. CONSIDERATION OF CITY OF PALM DESERT PARTICIPATION IN THE PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY (CVA) JOINT POWERS AUTHORITY (JPA). Rec: By Minute Motion, remain a participating member in the Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA) Joint Powers Authority (JPA) and reconsider the BID in February 2010, after a Study Session discussion with the CVA and the Hospitality Industry and Business Council, Inc. (HIBC), to be held in January 2010. Action: H. REQUEST FOR CONFIRMATION OF THE ANNUAL YEAR-END COMMITTEE/COMMISSION APPOINTMENT AND REAPPOINTMENT PROCESS SCHEDULE. Rec: By Minute Motion, confirm the schedule presented in the accompanying staff memo. Action: XV. CONTINUED BUSINESS None 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2009 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE ADOPT-A-HIGHWAY PROGRAM CRITERIA, ADMINISTRATIVE PROCESS, AND FUNDING FOR IMPLEMENTATION. Rec: By Minute Motion, approve the criteria, administrative process, and the expenditure of funds not to exceed $5,000 per year for implementation of the City's Adopt-A-Highway Program - funds are available for litter removal supplies in the Streets Maintenance Small Tools and Equipment Account No. 110-4310-433-2180, and funds are available for courtesy signs and safety supplies in the Traffic Safety Supplies Account No. 110-4250-433-2145. Action: XVII. PUBLIC HEARINGS A. REQUEST FOR ADOPTION OF RESOLUTION, MAKING CERTAIN FINDINGS RELATIVE TO THE ANNUAL REPORT OF CALCULATION OF GOVERNMENT CODE 66006, DEVELOPMENT IMPACT FEES FOR THE CITY OF PALM DESERT. Rec: 1) Receive public testimony on the Annual Report and Findings. 2) Waive further reading and adopt Resolution No. 09-80, to make certain findings pursuant to California Government Code Section 66001. Action: B. CONSIDERATION OF THE REVISION OF CHAPTER 8.36 - REGULATION AND PROHIBITION OF SMOKING - OF THE PALM DESERT MUNICIPAL CODE. Rec: Waive further reading and pass Ordinance No. 1200 to second reading, revising and restating Chapter 8.36 - Regulation and Prohibition of Smoking, of the Palm Desert Municipal Code. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 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: XIX. ADJOURNMENT 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 2009 FUTURE MEETINGS: November 16, 2009 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room November 17, 2009 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber November 18, 2009 9:00 a.m. Art In Public Places Commission Community Services Conference Room 11:30 a.m. Landscape Beautification Committee Public Works Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room 3:30 p.m. Adj. Reg. Public Safety Commission North Wing Conference Room November 24, 2009 10:00 a.m. Audit, Investment & Finance Committee 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 November 26, 2009 3:00 p.m. Regular City Council/RDA Meetings -CANCELED – Thanksgiving Holiday December 1, 2009 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber December 7, 2009 6:00 p.m. Youth Committee Administrative Conference Room December 8, 2009 12:00 p.m. Architectural Review Commission Community Services Conference Room December 9, 2009 3:30 p.m. Housing Commission North Wing Conference Rooom 3:30 p.m. Public Safety Commission Administrative Conference Room December 10, 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 6thday of November, 2009. ___________________________ Rachelle D. Klassen, City Clerk 12