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Home My WebLink AboutAGENDA 27 JUL 2010 POSTED AGENDA ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL MEETING AND PALM DESERT REDEVELOPMENT AGENCY TUESDAY, JULY 27, 2010 – 3:00 P.M. CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. II. PLEDGE OF ALLEGIANCE - Councilmember/Member Jean M. Benson III. INVOCATION - Councilman/Member Robert A. Spiegel IV. ROLL CALL V. ORAL COMMUNICATIONS 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. VI. 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 POSTED AGENDA ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 27, 2010 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 3) Property: 43-755 Kelsey Court Negotiating Parties: Agency: Justin McCarthy/Janet Moore/ Palm Desert Redevelopment Agency Property Owner: Harry G. and Joyce E. Planck 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 b) AC Massage and Lawrence Andrews v. City of Palm Desert, Riverside County Superior Court Case No. INC 10005945 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of Potential cases: 2 Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of Potential cases: 1 VII. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: Report 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, telephone (760) 346-0611. VIII. CONSENT CALENDAR 2 POSTED AGENDA ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 27, 2010 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 and Redevelopment Agency Meetings of July 8, 2010, and July 22, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY/AGENCY TREASURIES - Warrant Nos. 264, 265, 268, 1, 2, 6, 9, 10, 14; 264RDA, 266RDA, 3RDA, 7RDA, 11RDA, 15RDA; 264-Housing, 267-Housing, 4-Housing, 8- Housing, 12-Housing, 16-Housing; 5HA, and 13HA. Rec: Approve as presented. C. CONSIDERATION of a Request for Funding to Sponsor the Santa Rosa and San Jacinto Mountains National Monument Tenth Anniversary Celebration. Rec: By Minute Motion: 1) Approve sponsorship in the amount of $5,000 for the Santa Rosa and San Jacinto Mountains National Monument Tenth Anniversary Celebration; 2) authorize the City Manager to execute the Sponsorship Agreement (Contract No. C30100) - funds are available from Community Sponsorships, Account No. 110- 4416-414-3062. D. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R29260 - Desert Willow Landscape Improvements at the Corner of Desert Willow Drive and Country Club Drive (Earth Sculptures, 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. Action: IX. CONSENT ITEMS HELD OVER 3 POSTED AGENDA ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 27, 2010 X. NEW BUSINESS A. RESOLUTON NO. 576 - A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY, RESCINDING RESOLUTION NO. 556 AND DECLARING ITS INTENT TO WITHDRAW ITS OBJECTION TO THE SALE OF TAX-DEFAULTED PROPERTY KNOWN AS 43-755 KELSEY COURT (APN 634-241-034), PALM DESERT, CALIFORNIA. Rec: Waive further reading and adopt. Action: B. REQUEST FOR AUTHORIZATION FOR STAFF TO PROCEED WITH THE RETROFIT OF THREE DIESEL FUEL-POWERED VEHICLES FOR COMPLIANCE WITH CALIFORNIA AIR RESOURCES BOARD, ON- ROAD DIESEL VEHICLES, DIESEL EMISSIONS REGULATIONS (CONTRACT NO. C30090). Rec: By Minute Motion, authorize staff to retrofit three diesel fuel- powered vehicles for compliance with California Air Resources Board (CARB), On-road Diesel Vehicles, Diesel Emissions Regulations in the amount of $41,923.54 per the quotation provided by ACT Compliance Solutions, Corona, California, - funds are available in General Fund Account No. 110-4331-413-3340 - Auto Fleet Repair and Maintenance. Action: C. REQUEST FOR AUTHORIZATION TO ALLOW NEON WINDOW SIGNS IN STOREFRONTS ON A TEMPORARY BASIS FROM AUGUST 2010 TO OCTOBER 2012, SUBJECT TO THE CRITERIA DESCRIBED. Rec: Waive further reading and adopt Resolution No. 2010-62, approving neon window signs on a temporary basis with issuance of a permit until October 2012, subject to the criteria described in Exhibit "A," attached. Action: D. REQUEST FOR APPROVAL OF ADVERTISING DESIGN SERVICES BY OFF MADISON AVE. FOR FISCAL YEAR 2010-2011 BY OFF MADISON AVE. (CONTRACT NO. C30110). 4 POSTED AGENDA ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 27, 2010 Rec: By Minute Motion, authorize payment to Off Madison Ave., Tempe, Arizona, in an amount not to exceed $20,000 for advertising creative, testing, and website integration - funds are available in the Marketing Budget, Account No. 110-4417-414-3219. Action: XI. OLD BUSINESS A. REQUEST FOR RATIFICATION OF ENGINEERING ADVANCE TO SOUTHERN CALIFORNIA EDISON AND AUTHORIZE PAYMENT FOR UTILITY RELOCATION FOR THE FRANK SINATRA DRIVE AND PORTOLA AVENUE INTERSECTION IMPROVEMENTS PROJECT (CONTRACT NO. C27950C, PROJECT NO. 572-08). Rec: By Minute Motion: 1) Ratify the engineering advance to Southern California Edison (SCE); 2) authorize payment for the utility relocation in conjunction with construction of the Frank Sinatra Drive and Portola Avenue Intersection Improvement Project; 3) authorize the City Manager to execute the Relocation Estimate Agreement - funds are available in the Portola Avenue at Frank Sinatra Intersection Improvement Project Account, No. 213-4548- 433-4001, Measure "A." Action: 5 POSTED AGENDA ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 27, 2010 B. REQUEST FOR AUTHORIZATION TO RESCIND AWARDS OF CONTRACT TO GHA ENTERPRISES, INC., FOR THE LAKEVIEW TERRACE EXPANSION PROJECT AT DESERT WILLOW GOLF RESORT AND TO AWARD SAID CONTRACT TO THE LOWEST RESPONSIVE BIDDER (CONTRACT NO. R29420A). Rec: By Minute Motion: 1) Rescind award of Contract No. R29420A to GHA Enterprises, Inc., Cathedral City, California. 2) Approve Project Additive Alternates 1, 2, 4, 6, and 7. 3) Authorize the Chairman to execute Contract No. R29420A with the lowest responsive bidder in an amount not to exceed $______(verbal recommendation to be provided) for the Lakeview Terrace Expansion Project at Desert Willow Golf Resort. 4) Authorize the Director of Finance to set aside a 10% contingency for the project (use of which requires additional action) - funds have been included in the 2011-2011 Financial Plan in Project Area No. 2, Account No. 851-4663- 454-4001. Action: 6 POSTED AGENDA ADJOURNED REGULAR JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 27, 2010 C. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT TO THE LOWEST RESPONSIVE BIDDER FOR THE KITCHEN/BUILDING EXPANSION PROJECT AT DESERT WILLOW GOLF RESORT (CONTRACT NO. R29450C). Rec: 1) By Minute Motion, authorize the Chairman to execute the subject contract with the lowest responsive bidder in an amount not to exceed $__________ (verbal recommendation to be provided) for the Kitchen/Building Expansion Project at Desert Willow Golf Resort. 2) By Minute Motion, authorize the Director of Finance to set aside the amount of $______(verbal recommendation to be provided) as 10% contingency for the project (use of which requires additional action) - funds for the construction have been included in the 2010-2011 Financial Plan in Project Area No. 2, Account No. 851-4663-454-4001. 3) By Minute Motion, authorize the use of an amount not to exceed $231,000, including 10% contingency for non-fixed furniture, fixtures, and equipment associated with the Kitchen/Building Expansion - funds are available in Desert Willow Golf Course Maintenance Fund 241. 4) Waive further reading and adopt Resolution No. 2010-61, approving a loan in an amount not to exceed $500,000 from the City's Golf Course Maintenance Fund (Fund 241) to the Desert Willow Golf Course Operating Fund (Fund 250). Action: D. REQUEST FOR APPROVAL OF THE 2010-2011 MEDIA PLACEMENT PLAN. Rec: By Minute Motion: 1) Approve the 2010-2011 JNS Advertising Services Media Plan as presented; 2) provide staff with direction on allocation of the remaining $25,565 of media buys - funds are available in Advertising Buys, Account No. 110-4417-414-3221. Action: XII. ADJOURNMENT 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 and Palm Desert Redevelopment Agency was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated st this 21 day of July, 2010. ___________________________ Rachelle D. Klassen, City Clerk 7