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Home My WebLink AboutAGENDA 24 SEP 2009 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 24, 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: 48-825 Portola Avenue, Palm Desert (APN 622-200-057) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Option One Mortgage Loan 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. A. REPORT ON ACTION FROM CLOSED SESSION. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 VI. PLEDGE OF ALLEGIANCE - Mayor Robert A. Spiegel VII. INVOCATION - Councilmember Jean M. Benson VIII. ORAL COMMUNICATIONS – B 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, or Housing Authority meeting. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE SUSAN MCMILLEN FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO. 4. Action: B. PRESENTATION OF PROCLAMATION DECLARING THAT THE CITY OF PALM DESERT'S NEW AFFORDABLE SENIOR HOUSING DEVELOPMENT FORMALLY BE NAMED "CARLOS ORTEGA VILLAS." Action: C. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF OCTOBER 4-10, 2009, AS "FIRE PREVENTION WEEK" IN THE CITY OF PALM DESERT. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 D. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 2009 AS "FIRE PREVENTION AND MINI-MUSTER MONTH" IN THE CITY OF PALM DESERT. Action: E. PRESENTATION TO THE CITY COUNCIL BY THE RIVERSIDE COUNTY MULTI-AGENCY "S.A.F.E." (SEXUAL ASSAULT FELONY ENFORCEMENT) TASK FORCE. Action: F. APPOINTMENT OF THE CITY'S PRIMARY REPRESENTATIVE AND ALTERNATE TO SERVE ON THE SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT ADVISORY COMMITTEE (MAC). Rec: By Minute Motion, appoint the City's primary representative and alternate to serve on the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee (MAC), effective December 16, 2008 - December 16, 2011. 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 September 10, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 65, 66, 70, and 71. Rec: Approve as presented. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meeting of July 21, 2009. 2. Public Safety Commission Meeting of June 10, 2009. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Guadalajara Cafe, 74-478 Highway 111, #C, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Tres Palmas Bed & Breakfast, 73-135 Tumbleweed Lane, Palm Desert. Rec: Receive and file. F. REQUEST FOR AUTHORIZATION to Streamline the Use of Vendors for Park Maintenance Services and Supplies by Granting Exception to the Bidding Requirements, and Approving the Vendors and Qualified Service Providers List - Fiscal Year 2009-2010. Rec: By Minute Motion: 1) Grant an exception to the bidding requirements as provided for by Section 3.32.090 of the Palm Desert Municipal Code for FY 2009-2010 for Park Maintenance Services; 2) approve the list of Park Maintenance Services Vendors and Qualified Service Providers for FY 2009-2010. G. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C28910-Eldorado Median Landscape Renovation (Project No. 942-08). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $5,500 to the subject contract with Candyl Golf Group, Inc., La Quinta, California; 2) authorize the transfer of said funds from contingency to base for the project - Capital Project Reserve Funds are available in Account No. 400-4614-433-4001. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28030 - Country Club Drive Pavement Rehabilitation Project (Project No. 619-09) (Vance Corporation, Rialto, 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. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28390 - 2008 Citywide Overlay Project (Project No. 752-08) (Palm Canyon Contractors, Inc., Yucaipa, 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. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28890 - Civic Center Parking Lot Rehabilitation (Project No. 750-09) (Dateland Construction Company, Inc., 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. K. REQUEST FOR AUTHORIZATION to Accept Proposed Law Enforcement Responsibilities Memorandum of Understanding Agreements Between the City of Palm Desert, County of Riverside and California State University, San Bernardino, University of California, Riverside, and College of the Desert (Contract Nos. C29230A-C). Rec: By Minute Motion, approve a Law Enforcement Responsibilities Memorandum of Understanding (MOU) Between the City of Palm Desert, County of Riverside, and respectively: 1) California State University, San Bernardino; 2) University of California, Riverside, 3) College of the Desert. L. REQUEST FOR AUTHORIZATION to Expend CalCOPS Funds for Various Police Department Training Courses. Rec: By Minute Motion: 1) Approve a recommendation to expend CalCOPS Funds for various training courses, as listed on the accompanying staff report; 2) ratify the City Manager's approval for Palm Desert Police Department Officers to attend three distinct training events, valued at $1,946, to be expended from CalCOPS Funding, 3) appropriate $2,860 from CalCOPS Funding, Account No. 229-4210-422-3914, to be used for six distinct training events. M. REQUEST FOR AUTHORIZATION to Expend CalCOPS Funds for Crime Free Multi-housing Software from Dynamic Design Crime Free Software. Rec: By Minute Motion: 1) Approve a recommendation to expend CalCOPS Funds for Crime Free Multi-housing Software from Dynamic Design Crime Free Software; 2) appropriate $1,390 from CalCOPS Funding Account No. 229-4210-422-3914, to purchase Crime Free Multi- housing Software from Dynamic Design Crime Free Software. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 N. REQUEST FOR AUTHORIZATION to Accept United States Department of Justice BJA (Bureau of Justice Assistance) FY 2009 Justice Assistance Grant Program (Award # 2009-DJ-BX-1348) in the amount of $15,654; Rec: By Minute Motion: 1) Approve a recommendation to accept U.S. Department of Justice BJA Fiscal Year 2009 Justice Assistance Grant Program (Award #2009-DJ-BX-1348) in the amount of $15,654; 2) ratify the City Manager's execution of any prior or future grant documents associated with the U.S. Department of Justice BJA Fiscal Year 2009 Justice Assistance Grant Program (Award #2009-DJ-BX- 1348). O. REQUEST FOR AUTHORIZATION for Staff to Close El Paseo Between Portola Avenue and Highway 74 on Sunday, October 25, 2009, for the Annual Golf Cart Parade. Rec: By Minute Motion, authorize staff to close El Paseo on October 25, 2009, between Portola Avenue and Highway 74 for the Annual Golf Cart Parade. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION. 09-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CERTIFICATE (MCC) PROGRAM. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 For Adoption: A. ORDINANCE NO. 1195 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 10.25- PALM DESERT VEHICLE IMPOUND PROGRAM - SECTIONS 10.25.010, 10.25.020, 10.25.030, AND 10.25.040 TO THE PALM DESERT MUNICIPAL CODE. Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE ADDITION OF CHAPTER 9.26 - UNLAWFUL CAMPING - TO THE PALM DESERT MUNICIPAL CODE. Rec: Waive further reading and: 1) By four-fifths vote, adopt Urgency Ordinance No. 1196, adding Chapter 9.26 - Unlawful Camping - to the Palm Desert Municipal Code; 2) pass Ordinance No. 1197 to second reading, adding Chapter 9.26 - Unlawful Camping - to the Palm Desert Municipal Code. Action: B. REQUEST FOR RATIFICATION OF CITY MANAGER'S ACCEPTANCE OF COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) FUNDS IN THE AMOUNT OF $92,992. Rec: By Minute Motion, ratify City Manager approval to accept Community Development Block Grant Recovery (CDBG-R) funds in the amount of $92,992. Action: C. REQUEST FOR APPROVAL OF THE CIVIC CENTER PARKWAY TURF RETROFIT PROJECT AND AUTORIZE STAFF TO PROCEED WITH BIDDING PROCESS (CONTRACT N0. C29240). Rec: By Minute Motion: 1) Approve the Civic Center Parkway Turf Retrofit Project; 2) authorize staff to proceed with the bidding process for same - Capital Project Reserve Funds are available in Account No. 400-4614-433-4001. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 D. REQUEST FOR AUTHORIZATION TO ACCEPT UNITED STATES DEPARTMENT OF JUSTICE BJA (BUREAU OF JUSTICE ASSISTANCE) FISCAL YEAR 2009 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM LOCAL SOLICITATION (AWARD #2009-SB-B9-0954) IN THE AMOUNT OF $64,344. Rec: By Minute Motion: 1) Approve a recommendation to accept U.S. Department of Justice BJA Fiscal Year 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation (Award #2009-SB-B9-0954) in the amount of $64,344; 2) ratify City Manager's execution of any prior or future grant documents associated with the U.S. Department of Justice BJA Fiscal Year 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation (Award #2009-SB-B9-0954). Action: E. REQUEST FOR AUTHORIZATION TO ACCEPT OFFICE OF TRAFFIC SAFETY (OTS) DUI ENFORCEMENT AND AWARENESS PROGRAM GRANT (GRANT #AL 1094) FOR FISCAL YEAR 2009-2010 IN THE AMOUNT OF $163,167. Rec: By Minute Motion: 1) Approve a recommendation to accept Office of Traffic Safety (OTS) DUI Enforcement and Awareness Program Grant (Grant #AL 1094) FOR FY 2009-2010 in the amount of $163,167; 2) ratify the City Manager's execution of any prior or future grant documents associated with the OTS DUI Enforcement and Awareness Program Grant (Grant #AL 1094) for FY 2009-2010. Action: XV. CONTINUED BUSINESS A. REQUEST FOR AUTHORIZATION TO PURCHASE REPLACEMENT CHINA AND FLATWARE FOR THE DESERT WILLOW RESORT (Continued from the meetings of June 25, August 27, and September 10, 2009). Rec: By Minute Motion: 1) Authorize purchase of replacement china and flatware for the Desert Willow Resort in an amount not to exceed $156,943.42; 2) surplus the majority of the existing china, authorizing staff to donate it to a non-profit organization, and retain a small portion for back-up; 3) appropriate an additional $103,944 from the Unobligated Golf Maintenance Fund 241 to Account No. 241-4195- 495-4040 for this purpose ($52,000 previously appropriated). Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2009 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE CIVIC CENTER SITE AND CONCEPTUAL DESIGN FOR AN AQUATIC CENTER IN THE CITY OF PALM DESERT Rec: By Minute Motion: 1) Approve the Civic Center Park Site for an Aquatic Center; 2) approve the Aquatic Center Conceptual Design as presented; 3) authorize staff to proceed with a Request for Proposals (RFP) for Architectural Design Services of an Aquatic Center based on conceptual design as presented (Contract No. C29250). Action: B. REQUEST FOR CITY COUNCIL DIRECTION PERTAINING TO LEASING OF OFFICE SPACE TO FRIENDS OF THE DESERT MOUNTAINS AND FEE STRUCTURE AT THE PORTOLA COMMUNITY CENTER. Rec: 1) Provide direction to staff relative to one of the following options: a) Restrict the number of office spaces that one organization may occupy to a maximum of three (3); or b) Do not place a restriction on the number of office spaces that one organization may occupy and allow Friends of the Desert Mountains to occupy five (5) offices within the Portola Community Center. and 2) Provide direction to staff relative to one of the following options: a) Direct staff to review existing fee structure for tenants and users of the Portola Community Center and return for City Council consideration; or b) Retain existing fee structure. Action: XVII. PUBLIC HEARINGS None 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 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 FUTURE MEETINGS: September 29, 2009 10:00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room October 5, 2009 6:00 p.m. Youth Committee Administrative Conference Room October 6, 2009 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber October 7, 2009 3:30 p.m. Adj. Reg. Housing Commission North Wing Conference Room October 8, 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 18thday of September, 2009. ___________________________ Rachelle D. Klassen, City Clerk 10