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Home My WebLink AboutAGENDA 25 MAR 2010 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 25, 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 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 3) Property: 72-559 - 72567 Highway 111, Palm Desert (APNs 640- 370-015, 640-320-004) Negotiating Parties: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: City of Palm Desert Other Parties: Palm Springs Art Museum Under Negotiation: x Price x Terms of Payment 4) Property: Lease Property - Parkview Professional Office Complex, 73720 Fred Waring Drive, Suite No. 100, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: State of California, Water Resources Control Board Under Negotiation: x Price x Terms of Payment 5) Property: 73-470 El Paseo, #10, Palm Desert Negotiating Parties: Agency: Justin McCarthy/Donna Gomez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Acadia Realty Trust 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 Conference with Labor Negotiator pursuant to Government Code Section 54957.6; Negotiating Parties: John M. Wohlmuth/City of Palm Desert V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE OF COLORS and PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Boy Scout Troop 131 VII. INVOCATION - Councilmember Jean M. Benson VIII. ORAL COMMUNICATIONS – B 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 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. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MARCH 25, 2010, AS "BOY SCOUT TROOP 131 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 March 11, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 184, 185, 189 City/RDA, and 190. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#659) by Ruhnau, Ruhnau & Clark & Associates in the Amount of $133,350 Plus Interest and Attorney Fee. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. LETTER OF RESIGNATION from Charles H. Brown - Rent Review Commission. Rec: Receive with very sincere regret. E. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Files from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt Resolution Nos.: 1) 2010 - 15 - September 2009 Records; 2) 2010 - 16 - October 2009 Records; 3) 2010 - 17 - November 2009 Records; 4) 2010 - 18 - Closed Investigations - Set Number Three. F. RESOLUTION NO. 2010 - 19 - 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: Dated 1997 - 2003. Rec: Waive further reading and adopt. G. SINGLE AUDIT of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2009. Rec: By Minute Motion, receive and file the Single Audit Report of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2009. H. REQUEST FOR AWARD OF CONTRACT for the Annual Color for El Paseo Medians and Civic Center Park - Fall 2010 and Spring 2011 to Progressive Growers, Inc., in the Amount of $22,915.28 (Contract No. C29360, Project No. 930-10). Rec: By Minute Motion, award the subject contract for the Annual Color for El Paseo Medians and Civic Center Park - Fall 2010 and Spring 2011 to Progressive Growers, Inc., Vista, California, in the amount of $22,915.28 - funds are available in General Fund Account Nos. 110-4614-453-3370 - Repair/Maintenance Median and in 110- 4610-453-2190 - Parks and Recreation Supplies. I. REQUEST FOR APPROVAL of Out-of-State Travel for Landscape Manager to Attend the Annual Western Chapter International Society of 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 Arboriculture Conference and Trade Show - Tucson, Arizona - April 28 - May 1, 2010. Rec: By Minute Motion, authorize the Landscape Manager to attend the Annual Western Chapter International Society of Arboriculture Conference and Trade Show (ISA Conference) in Tucson, Arizona, from April 28-May 1, 2010 - funds are available in Account No. 110- 4614-453-3120 - Landscape Services Conferences/Seminars/Workspace. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1210 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM OFFICE PROFESSIONAL (O.P.) TO RESIDENTIAL ESTATES (R.E.) 40,000 SQUARE-FOOT MINIMUM LOT SIZE FOR TWO PARCELS LOCATED AT 77-925 HIDDEN RIVER ROAD AND 77-930 DELAWARE PLACE, PURSUANT TO ATTACHED EXHIBIT "A" Case Nos. GPA / CZ 10-18 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 A. REQUEST FOR AUTHORIZATION TO COLLECT A $168 FEE FOR REVIEW OF RECREATIONAL VEHICLE (RV) PARKING ON PRIVATE PROPERTY, AND PROVIDE STAFF WITH DIRECTION REGARDING CONTRADICTORY REQUIREMENTS OF THE PALM DESERT MUNICIPAL CODE. Rec: 1) Waive further reading and adopt Resolution No. 2010-20, authorizing staff to collect a $168 fee for reviewing parking compliance of Recreational Vehicles (RVs) on Private Property associated with Title 8 - Health and Safety - of the Palm Desert Municipal Code. 2) By Minute Motion, provide direction to staff regarding contradictory requirements in the Municipal Code relating to RV Parking, between the requirements of Sections 8.40.080-D - Recreational Vehicles on Private Property, 9.26.040-C - Unlawful Camping, and 10.96.020-B - Temporary Parking Permit Procedure. Action: B. REQUEST FOR AWARD OF CONTRACT FOR THE 2010 CITYWIDE SLURRY SEAL PROJECT TO ROY ALLAN SLURRY SEAL, INC., IN THE AMOUNT OF $130,357 (CONTRACT NO. C29610, PROJECT NO 751- 10). Rec: By Minute Motion: 1) Waive irregularities in the contract documents; 2) accept Tire Rubber Modified Slurry Seal (TRMSS) as an equal to Rubberized Emulsion Aggregate Slurry (REAS); 3) award subject contract for the 2010 Citywide Slurry Seal Project to Roy Allan Slurry Seal, Inc., Santa Fe Springs, California, in the amount of $130,357; 4) authorize Mayor to execute the agreement - funds are available in General Fund Account No. 110-4311-433-3320 - Street Maintenance. Action: C. REQUEST FOR AUTHORIZATION TO NEGOTIATE WITH THE DESERT SUN FOR A FULLY DEVELOPED CONCEPT FOR A PALM DESERT MAGAZINE. Rec: By Minute Motion, authorize staff to negotiate a fully developed concept for a Palm Desert Magazine with The Desert Sun and identify a funding strategy as part of the 2010-2011 Budget approval process. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF STAFF'S RECOMMENDATION TO NOT RENEW CONTRACT WITH STATENET FOR LEGISLATIVE AND REGULATORY REPORTING SERVICES (CONTRACT NO. C29630) (Continued from the meeting of March 11, 2010). Rec: By Minute Motion, do not renew the subject contract with StateNet, Sacramento, California, in the amount of $1,800 to provide legislative and regulatory reporting services. Action: XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK A. Reminder of City Council Study Session to Discuss Potential Audio/Visual Equipment Upgrades to the Civic Center Council Chamber - Thursday, April 8, 2010, at 2:00 p.m. in the Council Chamber. D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 2010 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: March 30, 2010 10:00 a.m. Cultural Resources Presv. Committee -CANCELED- April 5, 2010 6:00 p.m. Youth Committee Administrative Conference Room April 6, 2010 8:30 p.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber April 7, 2010 3:00 p.m. Adj. Reg. Housing Commission North Wing Conference Room April 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 19th day of March, 2010. ___________________________ Rachelle D. Klassen, City Clerk 8