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HomeMy WebLinkAboutAGENDA 09 DEC 2010 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 09, 2010 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 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: 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 2) Property: APN 622-020-089 Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: DesertArc Under Negotiation: x Price x Terms of Payment POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 3) Property: 44-900 East San Clemente Circle, Palm Desert (APN 627-074-006) Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Martin Alvarez/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Timothy R. and Lee A. Palmer Trust Under Negotiation: x Price x Terms of Payment 4) Property: 44-845 San Clemente Circle, Palm Desert ( APN 627-071-023) Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Martin Alvarez/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 5) Property: Lease Property - Parkview Professional Office Complex,73-710 Fred Waring Drive, Suite No. 116, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Assembly Committee on Rules, State of California Under Negotiation: x Price x Terms of Payment 6) Property: Lease Property - Parkview Professional Office Complex, 73-710 Fred Waring Drive, Suite No. 118, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: ACT for MS 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: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 VI. PLEDGE OF ALLEGIANCE - Councilman William R. Kroonen VII. INVOCATION - Mayor Cindy Finerty 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. 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. NOTE: NEW BUSINESS ITEMS A AND B TO BE THE FIRST ITEMS OF BUSINESS AT THE RECONVE3NING OF THE REGULAR MEETINGS, 4:00 P.M. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS None 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 Adjourned Regular City Council Meeting of November 18, 2010, and the Regular City Council Meeting of November 25, 2010. Rec: Approve as presented. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY – Warrant Nos. 114, 118, 121, and 123. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mastros Steakhouse, 73-405 El Paseo, Suite 120, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Pastry Swan Bakery, 73-580 El Paseo, Suite A, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Trattoria Tiramisu, 72-655 Highway 111, Suite B6, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Woodhaven Country Club, 41-555 Woodhaven Drive East, Palm Desert. Rec: Receive and file. G. CITY COMMITTEE AND COMMISSION MEETING MINUTES 1. Cultural Resources Preservation Committee Meeting of September 28, 2010. 2. Landscape Beautification Committee Meeting of September 15, 2010. 3. Library Promotion Committee Meeting of September 15, 2010. 4. Marketing Committee Meeting of October 19, 2010. 5. Public Safety Commission Meeting of October 13, 2010. Rec: Receive and file. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 H. REQUEST FOR APPROVAL of the 2011 Master List of Qualified Professional Services Consultants for Services Valued at Less than $25,000 per Project (Joint Consideration with the Palm Desert Redevelopment Agency and the Palm Desert Housing Authority. Rec: By Minute Motion: 1) Approve the 2011 Consultant Master List as outlined in the accompanying staff report; 2) authorize staff to negotiate agreements and contract amendments with the Qualified Consultants for up to $25,000 per project, and authorize the City Manager/Executive Director to execute same; 3) approve the proceedings for selection and award of contracts as set forth in the accompanying staff report and as authorized by Palm Desert Municipal Code Section 3.32.090. I. REQUEST FOR APPROVAL of Amendments No. 1 to Contract No. C29550 - Landscape Maintenance Area No. 17 (Project No. 917-10). Rec: By Minute Motion, approve Amendment No. 1 for a net increase to the price of $2,278.22 in the subject contract with Kirkpatrick Landscaping Services, Inc., Indio, California, for adjustments in the scope of work for Landscape Maintenance Area No. 17 - funds are available in General Fund Accounting No. 110-4610-453-3320 - Repair/Maintenance Landscaping. J. REQUEST FOR AUTHORIZATION for the Mayor to Execute Owner's Certification of Water Quality Management Plan and to Execute Covenant and Agreement for Parcel Map Waiver No. 10-065 (City of Palm Desert, Applicant - Alessandro Alley Project). Rec: By Minute Motion, authorize the Mayor to execute the Owner's Certification of Water Quality Management Plan and to execute the Covenant and Agreement for Parcel Map Waiver No. 10-165. K. REQUEST FOR AUTHORIZATION to Release Maintenance Security for the Firestone Store Located at 78-018 Country Club Drive (Precise Plan No. 07-13 (Fountainhead Indio, L.P., Applicant). Rec: By Minute Motion, authorize release of the subject Maintenance Security for the Firestone Tire Store (PP 07-13). 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 L. REQUEST FOR RATIFICATION of the City Manager's Approval to Permit the Consumption of Alcoholic Beverage at a Special Event on City Sidewalks and Closed Streets to Benefit the Behind A Miracle (BAM) Fundraiser to be Held in Front of The Shops on El Paseo on Saturday, December 4, 2010 (Chartwell Properties, Applicant). Rec: By Minute Motion, ratify the City Manager's approval to permit the consumption of alcoholic beverages on the sidewalk and closed streets owned by the City on the El Paseo Block located between Highway 74 and Ocotillo Drive for the subject event. M. REQUEST FOR APPROVAL of Out-of-State Travel for the City Surveyor to Attend the California Land Surveyors Association Conference in Las Vegas, Nevada, March 6-9, 2011. Rec: By Minute Motion, authorize the City Surveyor to attend the California Land Surveyors Association Conference in Las Vegas, Nevada, March 6-9, 2011 - funds are available in Account No. 110- 4300-413-3120 - Public Works Conferences/Seminars/Workshops. N. REQUEST FOR AUTHORIZATION to Extend Contract for Online Marketing Services with Off Madison Ave. for a Two-month Period (Contract No. C30020). Rec: By Minute Motion, authorize extension of the subject contract with Off Madison Ave., Tempe, Arizona, for a two-month period through February 2011 in the total amount of $12,500 - funds are available in the Marketing Budget, Account No. 110-4417-414-3090. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2010 - 85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE AND SALE AGREEMENTS AND ALL NECESSARY DOCUMENTATION FOR THE PURCHASE OF TWO(2) PARCELS COMPRISING LOT 14 OF TRACT MAP 33837-1, APNs 694-170-014 and 694-170-023. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 For Introduction: None For Adoption: None XIV. NEW BUSINESS NOTE: NEW BUSINESS ITEMS A AND B TO BE THE FIRST ITEMS OF BUSINESS AT THE RECONVE3NING OF THE REGULAR MEETINGS, 4:00 P.M. A. DECLARATION OF RESULTS OF THE 2010 PALM DESERT GENERAL MUNICIPAL ELECTION CONDUCTED IN THE CITY ON TUESDAY, NOVEMBER 2. Rec: Waive further reading and adopt Resolution No. 2010 - 86, reciting the fact of the General Municipal Election held on Tuesday, November 2, 2010, declaring the result and such other matters as provided by law. Action: B. ACTIONS RELATED TO INSTALLATION OF NEWLY ELECTED COUNCILMEMBERS AND THE ANNUAL MAYORAL ROTATION. 1. Presentation to Outgoing Mayor Pro-Tempore Jim Ferguson by Mayor Cindy Finerty and Mayor's Comments. 2. Comments by City Councilmembers. 3. Comments by Outgoing Mayor Pro Tempore Jim Ferguson 4. City Clerk Administers the Oath of Office to Newly Elected Councilmembers and Presents Each with Certificate of Election. 5. Seating and Comments from Newly Elected Councilmembers. 6. Selection of Mayor and Mayor Pro-Tempore. 7. Comments from the Newly Appointed Mayor and Mayor Pro-Tempore. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 C. REQUEST FOR AWARD OF CONTRACTS FOR THE PORTOLA AVENUE AND FRANK SINATRA DRIVE INTERSECTION IMPROVEMENTS PROJECT (PROJECT NO. 572-08). Rec: By Minute Motion: 1) Select the warm-mix asphalt alternative; 2) award Contract No. C27950A for Construction of the Improvements at the Intersection in the amount of $3,931.371 to H & H General Contractors, Inc., Highland, California; 3) approve a 10% contingency for the construction contract in the amount of $393,137; 4) award Contract No. C27950B for Geotechnical Services in the amount of $35,210 to Southern California Soil & Testing, Inc., Indio, California; 5) award Contract No. C27950C for Surveying Services in the amount of $25,901 to RBF Consulting, Palm Desert, California; 6) authorize the Mayor to execute the aforementioned agreements - funds are available in Account Nos. 213-4548-433-4001, 232-4548-433-4001, and 400-4548-433-4001. Action: D. REQUEST FOR AWARD OF CONTRACT FOR CONSULTANT DESIGN/BUILD SERVICES FOR THE EECBG PHOTOVOLTAIC SYSTEMS PROJECT TO STRONGHOLD ENGINEERING, INC., IN AN AMOUNT NOT TO EXCEED $588,917 (CONTRACT NO. C30210, PROJECT NO. 704-11). Rec: By Minute Motion: 1) Award the subject contract in an amount not to exceed $588,917 to Stronghold Engineering, Inc., Riverside, California, for Consultant Design/Build Services for the EECBG Photovoltaic Systems Project; 2) appropriate $348,917 from the Unobligated Office Complex Enterprise Fund (Fund 510) to the project account; 3) budget for receipt of $240,000 grant funds to Fund 450 and $289,000 to Fund 510; 4) authorize the Mayor to execute said contract - funds are available in City-owned Facility Account (No. 450-4164-415-4001) and Unobligated Office Complex Enterprise Fund (Account No. 510-4195-495-4020) - no General Fund money is being used for this expenditure. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 E. REQUEST FOR AWARD OF CONTRACT FOR THE CITYWIDE CATCH BASIN, STORM DRAIN, AND UNDER-SIDEWALK DRAIN CLEAN-OUT PROJECT 2010-2011 TO ADVANCED SEWER TECHNOLOGIES IN THE AMOUNT OF $39,812 (CONTRACT NO. C30260). Rec: By Minute Motion: 1) Award the subject contract in the amount of $39,812 for the Citywide Catch Basin, Storm Drain, and Under- sidewalk Drain Clean-out 2010-2011 Project to Advanced Sewer Technologies, Los Angeles, California; 2) approve a 10% contingency for the project in the amount of $3,981; 3) appropriate $18,793 from Unobligated General Fund Reserves to the Storm Drain Maintenance Account, No. 110-4314-433-3320; 4) authorize the Mayor to execute said contract - General Fund Account No. 110-4314-433-3320 - Storm Drain Maintenance has $25,000 available for this purpose; appropriation of $18,793 from Unobligated General Fund Reserves will fully fund this contract, including contingency. Action: F. REQUEST FOR AWARD OF CONTRACT TO CONSTRUCT THE TENANT IMPROVEMENTS AT SUITE 100 OF THE PARKVIEW PROFESSIONAL OFFICE COMPLEX FOR THE STATE OF CALIFORNIA WATER RESOURCES BOARD TO DOUG WALL CONSTRUCTION IN THE AMOUNT OF $216,000 (CONTRACT NO. C30400). Rec: By Minute Motion: 1) Award the bid and subject contract in the amount of $216,000 to Doug Wall Construction, Inc., Bermuda Dunes, California, and authorize a 10% contingency for the project; 2) appropriate $216,000 from the Parkview Office Complex Fund 510 to the project and authorize the Mayor to execute said contract. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 G. REQUEST FOR AUTHORIZATION OF THE CITY'S CONVEYANCE TO THE PALM DESERT REDEVELOPMENT AGENCY OF SAN BENITO VACANT LOT 99 OF PALMA VILLAGE UNIT NO. 7, ALSO KNOWN AS APN 627-092-050 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion, authorize: 1) Mayor to execute a Grand Deed, conveying the subject property to the Palm Desert Redevelopment agency; 2) Chairman to execute a Certificate of Acceptance of Deed, conveying the subject property; 3) City Manager/Executive Director or his designee to execute any documents necessary to effectuate the actions taken by the City Council and Agency Board herewith. Action: H. REQUEST FOR APPROVAL FOR THE CITY OF PALM DESERT TO WAIVE ALL COSTS ASSOCATED WITH INSPECTIONS AND PERMIT ISSUANCE FOR THE METER PANEL UPGRADES REQUIRED AS PART OF THE PROPOSED PALM DESERT COUNTRY CLUB UNDERGROUNDING PROJECT IN AN AMOUNT NOT TO EXCEED $285,826. Rec: By Minute Motion, approve the City of Palm Desert's waiver of all costs associated with inspections and permit issuance for the meter panel upgrades required as part of the proposed Palm Desert Country Club Undergrounding Project. Action: I. INFORMATIONAL REPORT REGARDING LANDSCAPE AND LIGHTING DISTRICTS AND RESIDENTIAL DEVELOPMENTS WITH NO COMMON AREA FUNDING MECHANISMS. Rec: By Minute Motion, receive and file the informational report relating to the City's Landscape and Lighting Districts and areas with no common area funding mechanism. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 J. CONSIDERATION OF CONCEPTUAL APPROVAL FOR THE 2011 ROCK 'N' ROLL NEW YEAR'S EVE HALF MARATHON IN THE CITY. Rec: By Minute Motion, conceptually approve: 1) The 2011 Rock 'N' Roll New Year's Eve Half Marathon scheduled for Saturday, December 31, 2011; 2) proposed event route and road closure detail - this event will be brought back before City Council for final approval once details and associated costs have been determined. Action: K. CONSIDERATION OF PROPOSED CITY COUNCIL AND EXECUTIVE STAFF RETREAT AND GOAL/PRIORITY SETTING SESSION. Rec: By Minute Motion: 1) Direct the City Manager to organize a City Council Retreat between the entire City Council and appropriate selected Executive Staff to be held at a Palm Desert location in January 2011; 2) select available dates in January to schedule said Retreat; 3) appropriate an amount not to exceed $10,000 from Account No. 110-4154-415-3121 for this purpose. Action: L. CONSIDERATION OF THE FORMATION OF A CLERGY COMMITTEE COMPRISED OF TWO CITY COUNCILMEMBERS AND LOCAL CONGREGATION LEADERS. Rec: By Minute Motion, provide direction to staff relative to formation of a Clergy Committee to work with local congregations in discussing community issues. Action: XV. CONTINUED BUSINESS None 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. R30070 IN THE DEDUCTIVE AMOUNT OF $52,133 FOR THE PALM DESERT VISITOR CENTER TENANT IMPROVEMENT PROJECT LOCATED AT 73-740 EL PASEO, SUITE 14 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the deductive amount of $52,133 to the subject contract with Orr Builders, Palm Desert, California; 2) authorize the Chairman to execute said documents. Action: B. REQUEST FOR CLARIFICATION OF CITY COUNCIL ACTION REGARDING A DECISION RELATED TO COMPLETION OF A FEASIBILITY STUDY AND CONCEPTUAL DESIGN FOR AN EXPANSION OF THE CIVIC CENTER SKATE PARK. Rec: By Minute Motion, provide direction to staff regarding timing for preparation of a Feasibility Study and Conceptual Design for an expansion of the Civic Center Skate Park, previously reviewed at the City Council Meeting of November 18, 2010. Action: C. INFORMATIONAL REPORT REGARDING SHORT-TERM RENTAL PROPERTIES IN PALM DESERT. Rec: By Minute Motion, receive and file the informational report regarding Short-term Rentals. Action: 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 XVII. PUBLIC HEARINGS A. REQUEST TO COMMENCE WITH THE FISCAL YEAR 2011/2012 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE-YEAR ACTION PLAN DEVELOPMENT AND APPLICATION PROCESS. Rec: 1) Receive public comment relative to FY 2011/2012 Community Development Block Grant Cycle process and development of the One-Year Action Plan. 2) Open the Community Development Block Grant application process for Fiscal Year 2011/2012 - no further action is required at this time. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Informational Report on Production and Distribution of the City's 2011 Community Calendar (Joint consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. B. CITY ATTORNEY C. CITY CLERK 1. Consideration of the Annual Committee/Commission Appointment and Reappointment Process, and City Council Liaison Assignments. Rec: 1) Discuss convenient schedule for a) Getting names of selected Committee/Commission Applicants to the City Clerk's Office for scheduling interviews; b) selecting a day(s) for this purpose to conduct the 15-minute session with each Applicant; c) considering the City Council Liaison Assignments for the coming year. 2) By Minute Motion: a) Set date for conducting a Study Session for Interviews and/or an Adjourned or Special meeting of the City Council for making appointments/reappointments to the City's Committees and Commissions; b) make City Council assignments to the internal and external Committees/Commissions at the aforementioned meeting; OR make the City Council Liaison Assignments for 2011 at this meeting. Action 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 2010 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 Consideration of Travel Requests and Reports: o City Council Committee Reports: o City Council Comments: o Suggested Agenda Items for Subsequent Council Meeting Agendas XIX. ADJOURNMENT FUTURE MEETINGS: December 14, 2010 12:00 p.m. Architectural Review Commission Community Services Conference Room December 15, 2010 9:00 a.m. Art in Public Places Commission Community Services Conference Room 11:30 a.m. Landscape Beautification Committee Administrative Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room December 20, 2010 3:00 p.m. Citizens’Adv. Cmte.-Proj. Area #4 Administrative Conference Room December 21, 2010 10:00 a.m. Audit, Invest. & Finance Cmte. (Special Mtg.) North Wing Conference Room 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber December 23, 2010 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 rd 72 hours prior to the meeting. Dated this 3 day of December, 2010. ______________________________ Rachelle D. Klassen, City Clerk 14