HomeMy WebLinkAboutAGENDA 28 JAN 2010
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 28, 2010
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
II. ROLL CALL
III. ORAL COMMUNICATIONS – A (CLOSED SESSION ITEMS)
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 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
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010
3) 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
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:
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE
UNITED STATES OF AMERICA - Mayor Cindy Finerty
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.
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.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE JULIE MUNSON FOR HER SERVICE
TO THE CITY OF PALM DESERT AND ITS PARKS & RECREATION
COMMISSION (Continued from the meeting of January 14, 2010).
Action:
B. PRESENTATION TO RECOGNIZE JOHN WESTON FOR HIS SERVICE
TO THE CITY OF PALM DESERT AND ITS ART IN PUBLIC PLACES
COMMISSION.
Action:
C. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF
FEBRUARY 2010 AS "AMERICAN HEART MONTH" AND FRIDAY,
FEBRUARY 5, 2010, AS "NATIONAL WEAR RED DAY" IN THE CITY OF
PALM DESERT.
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 January 14, 2010.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 149, 150, and 151.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Joe's
Sushi IV, 72-286 Highway 111, Suite J5, Palm Desert.
Rec: Receive and file.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Third
Corner, 73-101 Highway 111, Palm Desert.
Rec: Receive and file.
E. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Landscape Beautification Committee Meeting of November 18, 2009.
2. Parks & Recreation Commission Meeting of December 1, 2009.
3. Public Safety Commission Meeting of December 9, 2009.
Rec: Receive and file.
F. LETTER OF RESIGNATION from Brent Wise - Marketing Committee.
Rec: Receive with very sincere regret.
G. LETTER OF RESIGNATION from Javier Lopez - Citizens' Advisory
Committee for Project Area No. 4.
Rec: Receive with very sincere regret.
H. REPORT Pursuant to Section 33080.1 of the California Health and Safety
Code (Joint Consideration with the Palm Desert Redevelopment
Agency).
Rec: Receive and file.
I. REQUEST FOR AUTHORIZATION to Refund Fees Associated with
Building Permit No. 09-48363 for a Project Located at 77-270 Michigan
Drive, Palm Desert (Gavin Ardolino, Ardolino Construction Co., Inc.,
Applicant).
Rec: By Minute Motion, authorize the refund of fees in the amount of
$242.40 for Building Permit No. 09-48363 for a project located at
77-270 Michigan Drive, Palm Desert.
J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28900 --
Fred Waring Drive Overlay Project (Project No. 752-08A) (Hardy and
Harper, Inc., Santa Ana, 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.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010
K. REQUEST FOR AUTHORIZATION to Release Performance Security for
Tract No. 30706 (Portola Pointe) (Palm Desert Partners, L. P., Applicant).
Rec: By Minute Motion, authorize release of the Performance Security
for Tract No. 30706 (Portola Pointe).
L. REQUEST FOR APPROVAL of Out-of-State Travel for City Surveyor to
Attend the California Land Surveyors Association Conference in Reno,
Nevada, February 28 - March 3, 2010.
Rec: By Minute Motion, authorize the City Surveyor to attend the
California Land Surveyors Association (CLSA) Conference in Reno,
Nevada, from February 28 - March 3, 2010 -- funds are available in
Account No. 110-4300-413-3120 - Public Works
Conferences/Seminars/Workshops.
M. REQUEST FOR RATIFICATION of a Request for Approval to Expend
CalCOPS Funds in the Amount of $246 for Radar Operator and Laser
Operator Courses.
Rec: By Minute Motion, ratify the approval of a request to expend
CalCOPS funds in the amount of $246 for Radar Operator and
Laser Operator Courses.
N. REQUEST FOR RATIFICATION of a Request for Approval to Expend
CalCOPS Funds in the Amount of $1,780 for a Child Passenger Safety
(CPS) Technician Course.
Rec: By Minute Motion, ratify the approval of a request to expend
CalCOPS funds in the amount of $1,780 for a Child Passenger
Safety (CPS) Technician Course.
O. CONSIDERATION of Sponsorship Request for the 2010 NCAA Men's
Division II Golf Western Superregionals.
Rec: By Minute Motion: 1) Approve a contribution of $5,000 for
sponsorship of the 2010 NCAA Men's Division II Golf Western
Superregionals; 2) authorize funds from the Unobligated General
Fund Reserve for this purpose.
XI. CONSENT ITEMS HELD OVER
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010
XII. RESOLUTIONS
None
XIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1205 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, REVISING CHAPTER
15.02 OF THE PALM DESERT MUNICIPAL CODE, AMENDING THE
2007 EDITION OF THE CALIFORNIA BUILDING CODE RELATING TO
SWIMMING POOL ENCLOSURES AND SAFETY DEVICES.
Rec: Waive further reading and pass to second reading to be conducted
at a public hearing at the regular meeting of February 25, 2010.
Action:
For Adoption:
A. ORDINANCE NO. 1203 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING
CHAPTER 15.07 - "SOLAR PV" - TO THE PALM DESERT MUNICIPAL
CODE.
Rec: Waive further reading and adopt.
Action:
B. ORDINANCE NO. 1204 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
CHAPTER 3.30 OF TITLE 3 OF THE PALM DESERT MUNICIPAL
CODE - PUBLIC WORKS CONTRACTS AND BIDDING
REQUIREMENTS.
Rec: Waive further reading and adopt.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010
XIV. NEW BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF
THE 2009 CURB RAMP MODIFICATION PROJECT IN THE AMOUNT
OF $55,400 TO SIMON CONTRACTING (CONTRACT NO. C28990,
PROJECT NO. 753-09).
Rec: By Minute Motion: 1) Award the subject contract for Construction of
the 2009 Curb Ramp Modification Project in the amount of $55,400
to Simon Contracting, Indio, California; 2) authorize the Mayor to
execute the subject agreement -- funds are available in General
Fund Account No. 110-4312-433-3320 - Curb and Gutter
Maintenance.
Action:
B. REQUEST FOR AUTHORIZATION TO PURCHASE CUSTOM BLEND
FERTILIZERS FROM CROP PRODUCTION SERVICES FOR THE
DESERT WILLOW GOLF RESORT IN AN AMOUNT NOT TO EXCEED
$202,710.
Rec: By Minute Motion, authorize purchase of custom blend fertilizers for
the Desert Willow Golf Resort in an amount not to exceed $202,710
from Crop Production Services, San Jacinto, California -- funds are
available in Account No. 520-4195-495-8031 - Golf Course and
Ground Expenses.
Action:
C. REQUEST FOR AUTHORIZATION TO DEVELOP AND IMPLEMENT A
PROGRAM TO ABATE DEAD AND DYING LANDSCAPING AT
ABANDONED/FORECLOSED PROPERTIES IN THE CITY.
Rec: By Minute Motion, authorize staff to develop and implement a
landscape replacement process to help address foreclosed and/or
abandoned properties within the City.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010
D. INFORMATIONAL REPORT OUTLINING IMPLEMENTATION OF THE
GOALS AND OBJECTIVES OF THE YEAR 2000 COMMITTEE
SUMMARY AND YEAR 2010 STRATEGIC PLAN REGARDING THE ART
IN PUBLIC PLACES PROGRAM.
Rec: By Minute Motion, receive and file the informational report.
Action:
E. INFORMATIONAL REPORT FROM THE 2009 PUBLIC SAFETY
COMMISSION DISASTER SUBCOMMITTEE.
Rec: By Minute Motion, receive and file the informational report.
Action:
F. CONSIDERATION OF REQUEST TO DESIGNATE THE PORTION OF
STATE HIGHWAY 74 WITHIN THE CITY OF PALM DESERT AS THE
"S. ROY WILSON SCENIC HIGHWAY" AND AUTHORIZE
APPROPRIATION OF FUNDS FOR FABRICATION AND INSTALLATION
OF SIGNAGE FOR THIS PURPOSE.
Rec: By Minute Motion: 1) Direct staff to the appropriate action in
response to inquiries about designating the portion of Highway 74
within the City of Palm Desert as the "S. Roy Wilson Scenic
Highway;" 2) authorize the Director of Finance to appropriate
approximately $1,000 for the fabrication and installation of signage
for the designation.
Action:
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
None
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF A 10-1/2-MONTH EXTENSION OF THE EXISTING
45-DAY MORATORIUM ON ISSUANCE OF PERMITS TO PARK
RECREATIONAL VEHICLES ON PRIVATE PROPERTY.
Rec: Waive further reading and adopt Urgency Ordinance No. 1206 by
four-fifths vote, making findings and imposing a 10-1/2-month
extension to the existing 45-day interim moratorium on issuance of
permits to park recreational vehicles on private property.
Action:
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
B. CITY ATTORNEY
C. CITY CLERK
1. Announcement of Joint City Council, Redevelopment Agency, and
Housing Authority Study Session, Monday, February 8, 2010,
1:30 p.m., Administrative Conference Room -- Fiscal Year 2009-2010
Project Status Update.
Action:
D. PUBLIC SAFETY
o Fire Department
o Police Department
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 28, 2010
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Consideration of Request for Purchase of Table at the Virginia
Waring International Piano Competition Black and White Ball.
Rec: By Minute Motion: 1) Approve City of Palm Desert
contribution of $3,000 to the Virginia Waring International
Piano Competition Black and White Ball on January 31,
2010, for a table of 10; 2) appropriate said funds from
Account No. 110-4110-410-3125 - City Council Local
Meetings.
Action:
o City Council Committee Reports:
o City Council Comments:
XIX. ADJOURNMENT
FUTURE MEETINGS:
February 1, 2010 6:00 p.m. Youth Committee
Administrative Conference Room
February 2, 2010 8:30 a.m. Parks & Recreation Commission
Administrative Conference Room
6:00 p.m. Planning Commission
Civic Center Council Chamber
February 9, 2010 12:00 p.m. Architectural Review Commission
Community Services Conf. Room
February 10, 2010 3:30 p.m. Housing Commission
North Wing Conference Room
3:30 p.m. Public Safety Commission
Administrative Conference Room
February 11, 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
nd
not less than 72 hours prior to the meeting. Dated this 22 day of January, 2010.
___________________________
Rachelle D. Klassen, City Clerk
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