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HomeMy WebLinkAboutAGENDA 24 JUN 2010 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 24, 2010 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: APN 628-130-015 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Barracuda, LLC Other Parties: 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 Other Parties: Under Negotiation: x Price x Terms of Payment POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 3) Property: Lease Property - APN 622-260-082 Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Riverside County Sheriff's Department Under Negotiation: x Price x Terms of Payment 4) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 106, Palm Desert. Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Coachella Valley Economic Partnership 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 - Mayor Pro Tem Jim Ferguson VII. INVOCATION - Councilman Richard S. Kelly 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 VIII. ORAL COMMUNICATIONS – B IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION TO RECOGNIZE THE PALM DESERT HIGH SCHOOL BASEBALL TEAM FOR WINNING THE CIF CHAMPIONSHIP. Rec: Action: B. PRESENTATION TO THE CITY OF PALM DESERT BY THE RIVERSIDE COUNTY DEPARTMENT OF PUBLIC HEALTH - RECOGNIZING THE CITY FOR PROTECTING THE HEALTH OF ITS CITIZENS. Rec: Action: C. PRESENTATION OF UPDATE FROM SOUTHERN CALIFORNIA EDISON PUBLIC AFFAIRS MANAGER KATHLEEN DEROSA REGARDING WORK BEING DONE THROUGHOUT THE CITY. Rec: Action: 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 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 June 10, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 244, 247, and 248. Rec: Approve as presented. C. STATE CONTROLLER'S AUDIT REPORT on the Special Gas Tax Street Improvement Fund for the Period of July 1, 2007, through June 30, 2008. Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of May 18, 2010. 2. Public Safety Commission Meeting of May 12, 2010. Rec: Receive and file. E. LETTER OF RESIGNATION from Lee Morcus - Marketing Committee. Rec: Receive with very sincere regret. F. RESOLUTION NO. 2010 - 39 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from Code Compliance that Have Been Digitally Imaged - Files Dated 2008. Rec: Waive further reading and adopt. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 G. REQUEST FOR AUTHORIZATION to Review the City's Conflict of Interest Code. Rec: By Minute Motion, authorize staff to make a formal review of the City's Conflict of Interest Code and, if necessary at the appropriate time thereafter, prepare a resolution to be adopted by the City Council to effect the required amendments. H. REQUEST FOR AUTHORIZATION to Solicit Bids for Civic Center Roof Replacement (Contract No. C29890, Project No. 726-11) Rec: By Minute Motion, authorize staff to solicit bids for the Civic Center Roof Replacement Project - funds are available in Account No. 450-4161-415-4001 - Capital Reserve - Building Maintenance, which were set aside specifically for major maintenance projects for City-owned buildings. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29240 - Civic Center Parkway Turf Retrofit Project - Phase I (Project No. 962-10) (Leon's Landscaping & Tree Service, Thousand Palms, 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. C29610 - 2010 Citywide Slurry Seal Project (Project No. 751-10) (Roy Allan Slurry Seal, Inc., Santa Fe Springs, 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 Streamline the Use of Vendors for the Public Works Department by Granting Exception to Bidding Requirements and Approving the Original Equipment Manufacturer (OEM) Vendor List and the Public Works Various Vendors and Qualified Service Providers List for Fiscal Year 2010-2011. 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 2010-2011; 2) approve the OEM Vendor List; 3) approve the Public Works Various Vendors and Qualified Service Providers List. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 L. REQUEST FOR APPROVAL of One-year Renewal (Amendment No. 2) of the Contract between the City of Palm Desert and Delta to the City of Palm Desert and Delta Dental of California through June 30, 2011 (Contract No. C27650). Rec: By Minute Motion, authorize the Mayor to execute the subject Amendment No. 2 to the subject contract with Delta Dental of California through June 30, 2011. M. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU) Between the Volunteer Center of Riverside County and the City of Palm Desert to Participate in the 2-1-1 Riverside County Program (Contract No. C29900). Rec: By Minute Motion, authorize: 1) The Mayor to execute an MOU between the County of Riverside and the City of Palm Desert as it relates to participation in the 2-1-1 Riverside County Information and Referral Program; 2) expenditure of funds in the amount of $6,440.07 from Account No. 110-4800-454-3880 - Outside Agency Funding - for this purpose. N. REQUEST FOR APPROVAL of the 2010 Palm Desert ATHENA Scholarship Award Agreement with California State University, San Bernardino (Contract No. C24305). Rec: By Minute Motion: 1) Approve an agreement with California State University, San Bernardino, to establish the 2010 Palm Desert ATHENA Scholarship Fund; 2) authorize the City Manager to sign the subject Agreement. O. REQUEST FOR APPROVAL of an Addendum to Contract No. C27390 in an Amount Not to Exceed $5,000 for Miscellaneous Repairs to the City of Palm Desert's Public Art Collection and the El Paseo Invitational Exhibition. Rec: By Minute Motion, approve an Addendum in an amount not to exceed $5,000 to the subject contract with Same Day Express, Palm Desert, California, to perform miscellaneous repairs to the City of Palm Desert's Public Art Collection and the El Paseo Invitational Exhibition - funds are available in Account No. 436- 4650-454-3372. 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 P. REQUEST FOR AWARD OF CONTRACT to Coachella Valley Printing Group for Printing of the Bimonthly BrightSide Newsletter for Fiscal year 2010-2011, With a One-year Extension Provision (Contract No. C29910). Rec: By Minute Motion: 1) Reject low bidder The PM Group; 2) award the subject contract for printing of the BrightSide Newsletter in the amount of $35,425 for FY 2010-2011 to Coachella Valley Printing Group, Indio, California, with a one-year extension provision; 3) authorize the Mayor to execute the subject contract - funds are included in the proposed Financial Plan for 2010-2011 in the BrightSide Newsletter Account, No. 110-4417-414-3026 Q. REQUEST FOR APPROVAL of a $36,600 Expenditure for Postage for the Bimonthly Brightside Newsletter, Fiscal Year 2010-2011. Rec: By Minute Motion, approve the expenditure of $36,600 for the United States Postal Service to cover six months of postage for the bimonthly BrightSide Newsletter - funds have been included in the proposed Financial Plan for 2010-2011 in the BrightSide Newsletter Account, No. 110-4417-414-3026. R. REQUEST FOR AUTHORIZATION to Reimburse the Art in Public Places Fee in the Amount of $40,000 for "The Messengers" by John Richen for Sacred Heart Church, 43-775 Deep Canyon, Palm Desert (Sacred Heart Church, Applicant). Rec: By Minute Motion, authorize the reimbursement of Art in Public Places Fee in the Amount of $40,000 for "The Messengers" by John Richen as the art component for Sacred Heart Church located at 43-755 Deep Canyon, Palm Desert - funds are available in Account No. 436-0000-312-2700. S. REQUEST FOR AUTHORIZATION to Release Security for Precise Plan No. 07-01 (Longs Drug Store) and Accept the One-year Maintenance Bond Therefor (Longs Drugs, Applicant). Rec: By Minute Motion, authorize release of the Security for Precise Plan No. 07-01 (Longs Drug Store) and accept the one-year Maintenance Bond therefor. 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 T. CONSIDERATION of Request for Funding to Sponsor the Palm Desert Golf Cart Parade on Sunday, October 31, 2010. Rec: By Minute Motion: 1) Approve a $25,000 contribution and in-kind Public Works Services for the Palm Desert Golf Cart Parade; 2) permit the sale, possession, and consumption of alcoholic beverages on City-owned property in connection with the event; 3) authorize the closing of El Paseo for the event - funds have been included in the proposed Financial Plan for 2010-2011, Community Events, Account No. 110-4416-414-3061. U. REQUEST FOR RATIFICATION of Legislative Opinion Letter for AB 1873 (Huffman) - Property Assessed Clean Energy Bonds. Rec: By Minute Motion: 1) Ratify a legislative support letter dated June 1, 2010, for AB 1873 signed by the City Manager; 2) authorize the Mayor to sign a legislative support letter for AB 1873. V. REQUEST FOR AUTHORIZATION to Apply For and Accept the United States Department of Justice BJA Justice Assistance Grant (JAG) Program FY 2010 Local Solicitation. Rec: By Minute Motion, authorize staff to apply for and accept the United States Department of Justice BJA Justice Assistance Grant (JAG) Program FY 2010 Local Solicitation. W. INFORMATIONAL REPORT on Renaming of the New Banquet Spaces, Terrace, Dining Room, Salons, Ballroom, and Intrawest Room at the Desert Willow Golf Resort. Rec: Receive and file. Action: XI. CONSENT ITEMS HELD OVER 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 XII. RESOLUTIONS A. RESOLUTION NO. 2010 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2010-2011. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1214 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 11.01 - GENERAL PROVISIONS, PARKS / TRAILS MANAGEMENT - OF THE PALM DESERT MUNICIPAL CODE. Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE 2010 GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF PALM DESERT ON TUESDAY, NOVEMBER 2. Rec: Waive further reading and adopt: 1) Resolution No. 2010 - 41- calling for the holding of a General Municipal Election to be held on Tuesday, November 2, 2010, for the election of certain officers; 2) Resolution No. 2010- 42 - requesting the Board of Supervisors of the County of Riverside to consolidate a General Municipal Election to be held on Tuesday, November 2, 2010, with the Statewide General Election to be held on the date; 3) Resolution No. 2010 - 43 - adopting regulations for candidates for elective office pertaining to candidate’s statements submitted to the voters at said Election. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 B. REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE COUNCIL CHAMBER AUDIO/VISUAL UPGRADES AND ADMINISTRATIVE CONFERENCE ROOM UPGRADES AS OUTLINED IN THE JUNE 24, 2010, STUDY SESSION (CONTRACT NO. C29920). Rec: By Minute Motion, authorize staff to issue an RFP to upgrade the audio/visual components in the Council Chamber and the Administrative Conference Room, as outlined in the Study Session - funds are available in Fund 400 to cover the cost of the improvements, no additional appropriation is required. Action: C. REQUEST FOR AWARD OF CONTRACT FOR TRAFFIC SIGNAL INSTALLATION AT FRANK SINATRA DRIVE AND GERALD FORD DRIVE TO SIERRA PACIFIC ELECTRICAL CONTRACTING IN THE AMOUNT OF $220,700, AND AUTHORIZE THE ACCEPTANCE OF AGREEMENT AND GRANT OF EASEMENT FOR SAME (CONTRACT NO. C29690, PROJECT NO. 557-05). Rec: By Minute Motion: 1) Award the subject contract for Traffic Signal Installation at Frank Sinatra Drive and Gerald Ford Drive in the amount of $220,700 to Sierra Pacific Electrical Contracting, Riverside, California; 2) authorize the Director of Finance to set aside a 10% contingency in the amount of $22,070; 3) authorize the Mayor to execute the contract; 4) authorize the Mayor to execute Acceptance of the Agreement and Grant of Easement for the Traffic Signal Installation at Frank Sinatra Drive and Gerald Ford Drive - funds are available for this project in Account No. 234-4264-422- 4001 - Traffic Signals - no General Fund money is being expended for this project. Action: D. REQUEST FOR AWARD OF CONTRACT FOR THE 2010 CITYWIDE STRIPING PROGRAM TO J P STRIPING, INC., IN THE AMOUNT OF $84,220 (CONTRACT NO. C29700, PROJECT NO. 564-10). Rec: By Minute Motion: 1) Award subject contract for the 2010 Citywide Striping Program in the amount of $84,220 to J P Striping, Inc., Beaumont, California, and the Mayor to execute same; 2) authorize the director of Finance to set aside a 10% contingency in the amount of $8,422 for this project - funds are available in General Fund Account No. 110-4315-433-3320, Striping and Legends. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 E. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE 2010 CITYWIDE RESURFACING PROJECT TO MATCH CORPORATION IN THE AMOUNT OF $1,990,803 (CONTRACT NO. C29720, PROJECT NO. 752-10). Rec: By Minute Motion: 1) Select the warm-mix asphalt alternative; 2) award the subject contract for Construction of the 2010 Citywide Resurfacing Project in the amount of $1,990,803 to Matich Corporation, San Bernardino, California; 3) authorize the Mayor to execute said contract - funding is available in General Fund Street Maintenance Account, No. 110-4311-433-3320, New Construction Tax Parking Lot Maintenance Account, No. 231-4313-433-3320, and the Gas Tax Street Maintenance Account No. 211-4311-433- 3320. Action: F. REQUEST FOR APPROVAL OF AN AB 2766 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF PALM DESERT AND THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG), INCREASING THE CITY'S CONTRIBUTION FROM 45% TO 100% FOR UP TO ONE YEAR TO THE REGIONAL PM10 STREET SWEEPING PROGRAM (CONTRACT NO. C29930). Rec: By Minute Motion: 1) approve of the AB 276 MOU between the City and CVAG, increasing the City's contribution from 45% to 100% for up to one year to the Regional PM10 Street Sweeping Program; 2) authorize the Mayor to execute the MOU on behalf of the City. Action: G. REQUEST FOR APPROVAL OF AMENDMENT TO CONTRACT WITH FURINO GREENE CREATIVE INC. IN THE AMOUNT OF $200,000 FOR ADVERTISING SERVICES AND EXPENDITURES FOR THE EL PASEO BUSINESS IMPROVEMENT DISTRICT (CONTRACT NO. C29211). Rec: By Minute Motion: 1) Approve Amendment in the amount of $200,000 ($42,000 in Agency Services, $158,000 in Advertising and Promotional Expenditures) to the subject contract with Furino Greene Creative Inc., Palm Desert, California; 2) authorize the Mayor to execute said Contract Amendment - funds have been included in the proposed Financial Plan for 2010-2011 - Other Advertising, Account No. 271-4491-464-3215. Action: 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 H. CONSIDERATION OF HOSTING THE RIVERSIDE SHERIFF'S ASSOCIATION 15TH ANNUAL K-9 TRIALS AT PALM DESERT'S FREEDOM PARK ON NOVEMBER 12-13, 2010. Rec: By Minute Motion, approve: 1) Hosting of the Riverside Sheriff's Association 15th Annual K-9 Trials at Palm Desert's Freedom Park on November 12-13, 2010; 2) issuance of a Temporary Use Permit outlining special requirements as indicated by the event organizers/staff and outlined within the staff report; 3) request by the Riverside Sheriff's Association to waive the Business License Fee Requirement for Exhibit Vendors who will be selling event- themed items on November 12-13, 2010. Action: I. CONSIDERATION OF A REQUEST FOR FUNDING TO SPONSOR FASHION WEEK EL PASEO 2011 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Approve a $50,000 sponsorship for the 2011 Fashion Week Event; 2) authorize up to $10,000 in-kind City services and fees; 3) authorize use of the Agency-owned lot at the northeast corner of Shadow Mountain Drive and Larkspur; 4) permit the consumption of alcoholic beverages on Agency-owned property; 5) authorize the Mayor/Chairman to execute the sponsorship contract (Contract No. C29940) - funds have been included in the proposed Financial Plan for 2010-2011, Community Sponsorship, Account No. 110-4416-414-3062. Action: J. REQUEST FOR AUTHORIZATION TO SUSPEND PALM DESERT MUNICIPAL CODE CHAPTER 25.68 - SIGNS, SECTION 25.68 (M) PROHIBITED SIGNS - FOR A PERIOD OF 60 DAYS TO ALLOW THE DISPLAY OF TEMPORARY OFF-SITE SIGNAGE FOR RETAIL BUSINESS. Rec: By Minute Motion, authorize a 60-day suspension of Chapter 25.68 - Signs, Section 25.68.050 (M) - Existing Off-site Signage Prohibition - to allow retail businesses temporary off-site signage not located within the public right-of-way, as requested by several small business owners. Action: 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR AUTHORIZATION FOR STAFF TO PROCEED WITH TRAFFIC SIGNAL SYNCHRONIZATION PROJECT WITH THE CITY OF RANCHO MIRAGE (PROJECT NO. 555-10). Rec: By Minute Motion: 1) Authorize the City Manager to execute Contract No. ML09021 with the South Coast Air Quality Management District (AQMD) (City Contract No. C29950A); 2) authorize 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 $78,900 (Contract No. C29950B); 3) authorize staff to prepare and execute an agreement with the City of Rancho Mirage for their 20% portion of the project for an amount not to exceed $15,700 (Contract No. C29950C); 4) appropriate $78,900 from Fund 234, Traffic Signal Fund unobligated fund balance. Action: B. REQUEST FOR APPROVAL AND EXECUTION OF AGREEMENT WITH THE DESERT SUN FOR SPONSORSHIP OF A PROMOTIONAL MAGAZINE (CONTRACT NO. C29960) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Approve agreement with The Desert Sun for sponsorship of a promotional magazine in the amount of $110,000 for Fiscal Year 2010-2011; 2) authorize the Mayor to sign said agreement - funds are included in the proposed Financial Plan for 2010-2011, split between the respective Redevelopment Agency and City Advertising and Professional Services Accounts. Action: 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 C. REQUEST FOR RATIFICATION OF THE CITY MANAGER'S AUTHORIZATION OF AMENDMENT NO. 1 TO CONTRACT NO. C29400 WITH GOULD EVANS ASSOCIATES IN THE AMOUNT OF $23,600 FOR ADDITIONAL DESIGN SERVICES; AUTHORIZATION FOR STAFF TO SOLICIT BIDS FOR CONSTRUCTION AND RELEASE OF THE REQUEST FOR PROPOSALS (RFP) FOR OPERATIONS OF THE AQUATIC CENTER (PROJECT NO. 722- 10) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Ratify City Manager's authorization of Amendment No. 1 to the subject contract with Gould Evans Associates, Phoenix, Arizona, in the amount of $23,600 for additional design services for the Aquatic Center Project; 2) authorize the Mayor to execute Amendment No. 1; 3) authorize staff to solicit bids for construction (Contract No. C29400A); 4) authorize staff to release the RFP for operations of said project (Contract No. C29400B) - funds for the original design service contract are available in Account No. 233-4602-454-4001 (+/-40%) - Park Fund, and Account No. 851-4549-454-4001 (+/- 60%) - Project Area No. 2 Aquatic Facility Capital Budget; funds for Contract Amendment No. 1 are also available in Account No. 851-4549-454-4001 held as contingency, no General Fund money is being used for this expenditure. Action: D. REQUEST FOR APPROVAL OF THE FINAL ARTWORK DESIGN BY ARTIST PAUL HOBSON FOR THE PALM DESERT AQUATICS CENTER. Rec: By Minute Motion, approve the final artwork design by artist Paul Hobson for the Palm Desert Aquatics Center. Action: XVII. PUBLIC HEARINGS A. CONSIDERATION OF REQUESTS BY BURRTEC WASTE AND RECYCLING FOR APPROVAL OF THE ANNUAL PROUDUCER PRICE INDEX (PPI) AND COUNTY OF RIVERSIDE GATE/DISPOSAL FEE INCREASES. Rec: 1) By Minute Motion, approve the proposed 4.3% PPI rate increase and Gate/Disposal Fee increase from $37.45 to $39.04; 2) waive further reading and adopt Resolution No. 2010 - 44, approving the new adjusted rate Schedule of Fees (Exhibit 3 for Residential, Commercial, and Roll- off) for the Collection Recycling, and Disposal of Municipal Solid Waste and Residential/Commercial Recycling Contained in Contract No. C27410 - Solid Waste Management Services; 3) approve the 4.3% PPI rate increase to residents; 4) approve utilizing a portion of the $8.25 recycle (tipping) fee to absorb the Gate Disposal Fee increase of $1.59 to residents for 2010 and reduce the recycle fee to $7.81. 14 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 Action: B. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR FISCAL YEAR 2010-2011 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Rec: 1) Open the joint Public Hearing and accept public testimony. Waive further reading and adopt: 2) City Council Resolution No. 2010 - 45, adopting a City Program and Financial Plan for the Fiscal Year July 1, 2010, through June 30, 2011. 3) City Council Resolution No. 2010 - 46, establishing the Appropriations Limit for the 2010-2011 Fiscal Year. 4) Redevelopment Agency Resolution No. 573, adopting a Redevelopment Agency Program and Financial Plan for the Fiscal Year July 1, 2010, through June 30, 2011. 5) Housing Authority Resolution No. HA-43, adopting a Housing Authority Program and Financial Plan for the Fiscal Year July 1, 2010, through June 30, 2011. 6) City Council Resolution No. 2010 - 47, setting the Salary Schedule, Salary Ranges, and Allocated Classifications. By Minute Motion: 7) Approve the Out-of-State Travel Requests as listed in the accompanying staff report memo entitled same. Action: 15 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 C. REQUEST FOR ADOPTION OF RESOLUTIONS, AUTHORIZING A REQUEST TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO AMEND THE CONTRACT USE OF CALIFORNIA NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDING AND EXECUTION OF THE RELATED AGREEMENT AND ANY AMENDMENTS THERETO (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Open the joint Public Hearing and accept public testimony. 2) Waive further reading and adopt City Council Resolution No. 2010 - 48, authorizing a request to amend the contract use of California Neighborhood Stabilization Program (NSP) funding and execution of the relative agreement, and any amendments thereto. 3) Waive further reading and adopt Redevelopment Agency Resolution No. 574, authorizing a request to amend the contract use of California Neighborhood Stabilization Program (NSP) funding and execution of the relative agreement, and any amendments thereto. 4) By Minute Motion, authorize the City Manager/Executive Director or the Director of Housing to sign Funds Requests and other required reporting forms. Action: D. REQUEST FOR APPROVAL OF THE ANNUAL BUDGET FOR THE ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT - FISCAL YEAR 2010-2011. Rec: Waive further reading and adopt: 1) Resolution No. 2010- 49, approving the Alessandro Alley Property and Business Improvement District Annual Budget for FY 2010-2011; 2) Resolution No. 2010-50, ordering the levy and collection of assessments for the Property and Business Improvement District for FY 2010-2011. Action: E. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT AND ORDER TO LEVY FOR FISCAL YEAR 2010-2011 FOR THE CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1. Rec: Waive further reading and adopt Resolution No. 2010-51, approving the Annual Engineer's Report and ordering the levy and collection of assessments within the City of Palm Desert Benefit Assessment District No. 1 for FY 2010-2011, pursuant to the provisions of the Benefit Assessment Act of 1982. Action: 16 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 F. REQUEST FOR APPROVAL OF THE FINAL ENGINEER'S REPORT AND TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2010- 2011. Rec: Waive further reading and adopt: 1) Resolution No. 2010 - 52, approving the Final Engineer's Report for the Consolidated Palm Desert Landscaping and Lighting District for FY 2010-2011; 2) Resolution No. 2010-53, ordering the levy and collection of assessments within the Consolidated Palm Desert Landscaping and Lighting District for FY 2010-2011. Action: G. REQUEST FOR APPROVAL OF THE ANNUAL BUDGET FOR THE PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2010-2011. Rec: Waive further reading and adopt: 1) Resolution No. 2010-54, approving the President's Plaza I Business Improvement District Annual Budget for FY 2010-2011; 2) Resolution No. 2010-55, ordering the levy and collection of assessments for FY 2010-2011. Action: H. REQUEST FOR APPROVAL OF THE PRESIDENT'S PLAZA III BUSINESS IMPROVEMENT DISTRICT ANNUAL BUDGET FOR FISCAL YEAR 2010-2011. Rec: Waive further reading and adopt: 1) Resolution No. 2010-56, approving the President's Plaza III Business Improvement District Annual Budget for FY 2010-2011; 2) Resolution No. 2010-57, ordering the levy and collection of assessments for FY 2010-2011. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY 17 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 2010 C. CITY CLERK 1. Announcement of Joint City Council-Redevelopment Agency Study Session regarding College of the Desert Child Development Center and the City's Childcare Mitigation Funds, Thursday, July 8, 2010, at 2:00 p.m., Administrative Conference Room. 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: XIX. ADJOURNMENT FUTURE MEETINGS: June 29, 2010 10:00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room July 5, 2010 6:00 p.m. Youth Committee -CANCELED- July 6, 2010 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission -CANCELED- July 8, 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 72 hours prior to the meeting. Dated this 18th day of June, 2010. ___________________________ Rachelle D. Klassen, City Clerk 18