HomeMy WebLinkAboutAGENDA 28 OCT 2010
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, OCTOBER 28, 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: Lease Property - Parkview Professional Office Complex -
73710 Fred Waring Drive, Suite No. 205, 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 Mountains Conservancy
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) City of Palm Desert v. Federal Housing Finance Agency, Federal
National Mortgage Association, and Federal Home Loan Mortgage
Corporation, United States District Court Case No. 10-cv-04482 (N.D.
Cal).
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Action:
VI. PLEDGE OF ALLEGIANCE – Councilman Robert A. Spiegel
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, Financing Authority, 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, Financing Authority, or
Housing Authority Boards. Because the Brown Act does not allow the City Council,
Redevelopment Agency, Financing Authority, 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, Financing Authority, 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 ANNUAL "MINI-MUSTER" RECOGNITION AND
ARTWORK AWARD CERTIFICATES.
Action:
B. PRESENTATION OF PROCLAMATION TO RECOGNIZE "NATIONAL
PHILANTHROPY DAY" - WEDNESDAY, NOVEMBER 17, 2010.
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
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010
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 October 14, 2010, and
the Adjourned Regular City Council Meeting of September 20, 2010.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 86, 90, 91, and 95.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#673) by John Anthony McDonald in the
Amount of $1,500,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
D. CLAIM AGAINST THE CITY (#674) by Kathy Seacrist in the Amount of
$1,500,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
E. PUBLIC SAFETY COMMISSION MINUTES for the Meeting of September
8, 2010.
Rec: Receive and file.
F. RESOLUTION NO. 2010 - 78 - A Resolution of the City Council of the City
of Palm Desert, California, Setting Forth its Findings and Authorizing the
Destruction of Files from the Code Compliance Department that Have
Been Digitally Imaged - Files Dated April - June 2010.
Rec: Waive further reading and adopt.
G. REQUEST FOR APPROVAL of Contract with Time Warner Business
Class for Telephone Service at City Hall (Contract No. C30270).
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010
Rec: By Minute Motion, approve the contract with Time Warner Business
Class for a Primary Rate Interface to handle all City Hall outbound
telephone traffic in the amount of $480/month - funds are available
in Account No. 110-4159-415-3650.
H. REQUEST FOR AUTHORIZATION to Release Maintenance Security for
Construction of Various Public Improvements at 73-061, 73-080, and 73-
081 El Paseo (El Paseo Collection, Applicant).
Rec: By Minute Motion, authorize release of the Maintenance Security
for Construction of Various Public Improvements at 73-061, 73-080,
and 73-091 El Paseo.
I. REQUEST FOR AUTHORIZATION to Release Precise Grading Security
for El Paseo Village - Case No. PP 07-10 (El Paseo Land Company, LLC,
Applicant).
Rec: By Minute Motion, authorize release of Precise Grading Security for
El Paseo Village (Case No. PP 07-10).
J. REQUEST FOR AUTHORIZATION to Release Security for Technology
Drive Street Improvements and Accept the One-year Maintenance Bond
Therefor (Wilson Johnson, Applicant).
Rec: By Minute Motion, authorize release of security for technology Drive
Street Improvements and accept the One-year Maintenance Bond
therefor.
K. REQUEST FOR AUTHORIZATION to Modify United States Department of
Justice BJA FY 2009 Recovery Act Edward Byrne Memorial Justice
Assistance Grant Program Local Solicitation (Award #2009-SB-B9-0954).
Rec: By Minute Motion, authorize staff's recommended modification of
United States Department of Justice BJA FY 2009 Recovery Act
Edward Byrne Memorial Justice Assistance Grant Program Local
Solicitation (Award #2009-SB-B9-0954).
Action:
XI. CONSENT ITEMS HELD OVER
XII. RESOLUTIONS
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010
A. RESOLUTION NO. 2010- 79 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A
CITIZEN'S SUSTAINABILITY COMMITTEE TO GUIDE THE
DEVELOPMENT OF THE ENVIRONMENTAL SUSTAINABILITY PLAN
RECOMMENDED ACTIONS.
Rec: Waive further reading and adopt.
Action:
B. RESOLUTION NO. 2010- 80 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING AN
AMENDED ASSESSMENT FOR A PARCEL OF LAND IN THE CITY OF
PALM DESERT SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02),
FIXING THE AMOUNT OF THE FEES AND COSTS FOR SUCH
AMENDMENT, AND APPOINTING A TIME AND PLACE FOR A
HEARING ON SUCH AMENDMENT.
Rec: Waive further reading and adopt.
Action:
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010
XIV. NEW BUSINESS
A. CONSIDERATION OF REQUEST FOR REDUCTION OF THE TRUST
DEPOSIT FEE OF $2,915 TO $1,500 FOR PROCESSING OF A
CONDITIONAL USE PERMIT (CUP) TO OPERATE THE WEST COAST
BARBER COLLEGE AT 74-350 ALESSANDRO DRIVE, SUITE A-1,
WHICH IS LOCATED IN THE R-3(4) ZONE (RESIDENTIAL MULTIPLE
FAMILY) (Jesus Escamilla, Applicant).
Rec: By Minute Motion, deny the request for reduction of the processing
deposit from $2,915 to $1,500 for processing of a Conditional Use
Permit (CUP) for West Coast Barber College located in the
Residential Multiple Family Zone.
Action:
B. REQUEST FOR AWARD OF CONTRACT TO CONVERSE
CONSULTANTS IN THE AMOUNT OF $53,800 FOR MATERIAL
TESTING AND SPECIAL INSPECTION SERVICES FOR THE PALM
DESERT AQUATIC CENTER (CONTRACT NO. C29400C, PROJECT
NO. 722-10) (JOINT CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY).
Rec: By Minute Motion: 1) Award the subject contract for Material
Testing and Special Inspection Services to Converse Consultants,
Redlands, California, in the amount of $53,800; 2) authorize the
Director of Finance to set aside a 10% contingency in the amount
of $5,380; 3) authorize the Mayor to execute said contract - funds
are available in Account No. 233-4549-454-4001 - Park and
Recreation Facilities Fund, and Account No. 851-4549-454-4001 -
Project Area No. 2 Aquatic Facility Capital Budget - no General
Fund money is being used for this expenditure.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010
C. REQUEST FOR AWARD OF CONTRACT TO ROBERTSON
INDUSTRIES, INC., IN THE AMOUNT OF $74,407.01 FOR THE
WASHINGTON CHARTER SCHOOL PLAYGROUND IMPROVEMENTS
(CONTRACT NO. C30220, PROJECT NO. 729-11).
Rec: By Minute Motion: 1) Waive irregularities in Contractor's Proposal
submitted by Robertson Industries, Inc.; 2) award the subject
contract for the Washington Charter School Playground
Improvements to Robertson Industries, Inc., Phoenix, Arizona, in
the amount of $74,407.01; 3) set aside a 10% contingency in the
amount of $7,440.70; 4) authorize the Mayor to execute said
contract - funds are available in Account No. 233-4618-454-4001 -
Park and Recreation Facilities, Citywide Park Improvements - no
General Fund money is being used for this expenditure.
Action:
D. REQUEST FOR AWARD OF CONTRACT TO CANDYL GOLF GROUP,
INC., IN THE AMOUNT OF $25,081.59 FOR THE CIVIC CENTER
PARKWAY TURF RETROFIT PROJECT - PHASE II (CONTRACT NO.
C30250, PROJECT NO. 962-11).
Rec: By Minute Motion: 1) Award the subject contract for the Civic
Center Parkway Turf Retrofit Project - Phase II to Candyl Golf
Group, Inc., La Quinta, California, in the amount of $25,081.59; 2)
approve a 10% contingency in the amount of $2,508.16 for the
project; 3) authorize the Mayor to execute said contract - funds are
available in Account No. 400-4614-433-4001 - Capital Project
Reserve Fund.
Action:
E. REQUEST FOR APPROVAL OF AN EASEMENT EXCHANGE
AGREEMENT TO ACCOMMODATE A LOT LINE ADJUSTMENT
LOCATED AT THE NORTH END OF TECHNOLOGY DRIVE IN THE
CITY (CONTRACT NO. C30280) (La Quinta Village Business Center,
Applicant).
Rec: By Minute Motion, approve and authorize the Mayor to execute the
subject Easement Exchange Agreement to accommodate a lot line
adjustment located at the north end of Technology Drive.
Action:
F. REQUEST FOR APPROVAL OF LEASE AGREEMENT BETWEEN THE
DESERT WILLOW GOLF RESORT AND CLUB CAR, INC., IN THE
AMOUNT OF $829,850.56 FOR A TERM OF 48 MONTHS IN ORDER TO
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010
PROCURE 176 GOLF CARTS AND THREE (3) BEVERAGE CARTS
(CONTRACT NO. C30290).
Rec: By Minute Motion, approve the subject Lease Agreement with Club
Car, Inc., for golf carts at Desert Willow Golf Resort in the amount
of $829,850.56 (includes tax and interest) - funds are available in
Golf Course Expenses, Account No. 520-4195-495-8091.
Action:
G. CONSIDERATION OF A RENOVATION PLAN FOR FIRE STATION NO.
33 AND FIRE STATION NO. 71 (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY).
Rec: By Minute Motion: 1) Approve the Renovation Plan and Priorities
recommended by the Palm Desert Fire Department (Cal Fire) for
Fire Station No. 33 and Fire Station No. 71; 2) authorize staff to
issue a Request for Proposal (RFP) for Architectural Services
Related to the Comprehensive Design of the Proposed Station
Renovations (Contract No. C30300).
Action:
H. REQUEST FOR CITY COUNCIL DIRECTION REGARDING PLACEMENT
OF "HOPPY'S CREED" SIGNS ALONG THE HOPALONG CASSIDY
TRAIL IN THE CITY.
Rec: By Minute Motion, provide direction to staff regarding placement of
"Hoppy's Creed" trail signs along the Hopalong Cassidy Trail.
Action:
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010
A. REQUEST FOR AWARD OF CONTRACT FOR DESIGN SERVICES TO
FEHR & PEERS IN THE AMOUNT OF $76,497.74 FOR THE
MONTEREY AVENUE SIGNAL SYNCHRONIZATION PROJECT WITH
THE CITY OF RANCHO MIRAGE (CONTRACT NO. C29950B, PROJECT
NO. 555-10).
Rec: By Minute Motion: 1) Award the subject contract for Design
Services for the Monterey Avenue Signal Synchronization Project
to Fehr & Peers, Riverside, California, in the amount of $76,497.74;
2) authorize the Mayor to execute said contract - funds are
available in Account No. 234-4594-422-4001 - Traffic Signal
Coordination - no General Fund money is being used for this
project.
Action:
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF THE VACATION OF PORTIONS OF FRED
WARING DRIVE AND ALASKA AVENUE RIGHTS-OF-WAY (City of Palm
Desert, Applicant).
Rec: Waive further reading and adopt Resolution No. 2010-81, vacating
portions of Fred Waring Drive and Alaska Avenue Rights-of-way.
Action:
B. CONSIDERATION OF THE ANNUAL REPORT OF CALCULATION OF
GOVERNMENT CODE 66006 - DEVELOPMENT IMPACT FEES FOR
THE CITY OF PALM DESERT.
Rec: 1) Receive public testimony on Annual Report and Findings.
2) Waive further reading and adopt Resolution No. 2010-82,
making certain findings pursuant to California Government
Code Sections 66001 and 66006.
Action:
XVIII. REPORTS AND REMARKS
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010
A. CITY MANAGER
B. CITY ATTORNEY
C. CITY CLERK
1) Reminder of the Next City Council and Redevelopment Agency
Meetings to be Held on Thursday, November 18, 2010, at 3:00 p.m.
Action:
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:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2010
November 1, 2010 6:00 p.m. Youth Committee
Administrative Conference Room
November 2, 2010 8:30 a.m. Parks & Recreation Commission
Administrative Conference Room
6:00 p.m. Planning Commission
-CANCELED – Election Day
November 9, 2010 12:00 p.m. Architectural Review Commission
Community Services Conference Room
November 10, 2010 3:30 p.m. Housing Commission
North Wing Conference Room
3:30 p.m. Public Safety Commission
Administrative Conference Room
November 11, 2010 Veterans Day Regular City Council/RDA Meetings
Holiday -CANCELED –
Will Adjourn to 11/18/10 at 3:00 p.m.
November 15, 2010 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4
Administrative Conference Room
November 16, 2010 2:00 p.m. Marketing Committee
Administrative Conference Room
6:00 p.m. Planning Commission
Civic Center Council Chamber
November 17, 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
November 18, 2010 3:00 p.m. Adj. 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 October, 2010.
_____________________________
Rachelle D. Klassen, City Clerk
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