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Home My WebLink AboutAGENDA 09 SEP 2010 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 09, 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 - 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 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) Barry Wilk v. City of Palm Desert, et al., Riverside County Superior Court, Case No. RIC477765 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 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 - Mayor Cindy Finerty VIII. ORAL COMMUNICATIONS – B Any person wishing to discuss any item not scheduled for public hearing 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. 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., 73610 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE TERRY SCHUKART FOR HIS CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS PARKS & RECREATION COMMISSION. Action: X. CONSENT CALENDAR 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 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 Meeting of August 26, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY – Warrant Nos. 49, 50, 52, 56, 60, and 61. Rec: Approve as presented. C. REQUEST FOR AWARD OF CONTRACT for Deinstallation of the 2009/2010 El Paseo Invitational Exhibition and Installation of the 2010/2012 El Paseo Invitational Exhibition (Contract No. C30180). Rec: By Minute Motion: 1) Reject the bid of Michael Volpone as non- responsive; 2) award the subject contract for Deinstallation of the 2009/2010 El Paseo Invitational Exhibition and Installation of the 2011/2012 El Paseo Invitational Exhibition to Same Day Express, Palm Desert, California, in the amount of $3,799; 3) authorize the Mayor to execute said contract - funds are available in Account No. 436-4650-454-4002. D. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C28550 - Fire Station No. 33 Concrete Driveway Repair (Project No. 613-09) (ASR Constructors, Inc., Riverside, 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. E. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29650 - 2010 Curb Ramp Modification Project (Project No. 753-10) (Contreras Construction Company, 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. F. REQUEST FOR APPROVAL of Exemptions from Palm Desert Municipal Code Section Nos. 9.58.010 and 9.58.020 in connection with Receptions for Art Exhibitions to be held in the Palm Desert Community Gallery Between October 2010 and July 2011. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 Rec: By Minute Motion, approve exemptions from Palm Desert Municipal Code Sections 9.58.010 and 9.58.020 in connection with Receptions for Art Exhibitions to be held in the Palm Desert Community Gallery between October 2010 and July 2011 - tentative dates for these Receptions are October 18, 2011 (Jeffrey Kirby, Ben Jasper, and Al Savlowitz); January 10, 2011 (Judy Nemer Sklar and Renee Rauso); and May 23, 2011 (Jayel Aherm). XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1215 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO CHAPTER 5.87 - MASSAGE ESTABLISHMENTS AND MASSAGISTS, AND TO CHAPTER 5.90 - MASSAGISTS PERMITS, OF TITLE 5 - BUSINESS TAXES, LICENSES, AND REGULATIONS, OF THE PALM DESERT MUNICIPAL CODE. Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. REQUEST FOR RATIFICATION OF AUTHORIZATION TO PROCEED WITH AN APPLICATION PROCESS FOR FILLING VACANCY IN THE TERM OF CITY COUNCILMAN RICHARD S. KELLY (NOVEMBER 2012) 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 AND REQUEST FOR SETTING THE TIME FOR AN ADJOURNED CITY COUNCIL MEETING TO CONDUCT INTERVIEWS AND MAKE SAID APPOINTMENT. Rec: By Minute Motion: 1) Ratify the schedule for an Application and Appointment Process to fill the vacancy in the term of City Councilman Richard S. Kelly (November 2012); 2) adjourn today's meeting to a specific time on Monday, September 20, 2010, for making said appointment to the City Council. Action: B. REQUEST FOR AUTHORIZATION FOR THE DIRECTORS OF COMMUNITY DEVELOPMENT TO REDUCE THE TRUST DEPOSIT FEE OF $2,915 TO $1,500 FOR PROCESSING OF A CONDITIONAL USE PERMIT (CUP) FOR A NON-PROFIT ORGANIZATION TO OPERATE A BRIDGE CARD-PLAYING FACILITY LOCATED AT 74-836 TECHNOLOGY DRIVE, SUITE NO. 104 CASE NO. CUP 10-274 (Coachella Valley Bridge Foundation, Applicant) Rec: By Minute Motion, authorize reduction of the processing deposit for CUP 10-274 to $1,500 for a non-profit organization bridge card- playing facility in a Planned Community Development zone. Action: C. CONSIDERATION OF THE APPROVAL OF PERMANENTLY CONVERTING ONE TENNIS COURT AT CAHUILLA HILLS PARK INTO FOUR PICKLEBALL COURTS. Rec: By Minute Motion: 1) Approve the permanent construction of one tennis court at Cahuilla Hills Park into four pickleball courts at a cost not to exceed $10,000; 2) authorize the Director of Finance to appropriate $10,000 from Unobligated Fund 430 - Park Funds to Account No. 430-4618-454-4001 - Citywide Park Improvements for this purpose. Action: D. REQUEST FOR APPROVAL OF AN AGREEMENT WITH DESERT VALLEYS BUILDERS ASSOCIATION FOR THE INSTALLATION AND MAINTENANCE OF COMMUNITY DIRECTIONAL SIGNS, AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENT (CONTRACT NO. C30190). 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 Rec: By Minute Motion: 1) Approve the subject Agreement with Desert Valleys Builders Association (DVBA) for Installation and Maintenance of Community Directional Signs at locations throughout the City; 2) authorize the City Manager to execute the agreement. Action: E. REQUEST FOR APPROVAL OF PAYMENT TO THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) IN THE AMOUNT OF $103,000 FOR THE OPERATION OF ROY'S DESERT RESOURCE CENTER. Rec: By Minute Motion: 1) Approve payment to CVAG in the amount of $103,000 for the operation of Roy's Desert Resource Center; 2) appropriate funds in the amount of $103,000 from Account No. 110- 4159-415-3630 for this purpose. Action: F. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE 2011 CITYWIDE SLURRY SEAL PROJECT TO AMERICAN ASPHALT SOUTH, INC., IN THE AMOUNT OF $1,061,850 (CONTRACT NO. C30080, PROJECT NO. 751-11). Rec: By Minute Motion: 1) Award the subject contract for Construction of the 2011 Citywide Slurry Seal Project to American Asphalt South, Inc., Fontana, California, in the amount of $1,061,850; 2) authorize the Mayor to execute said contract - funds are available in General Fund Account No. 110-4311-433-3320. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO ASR CONSTRUCTORS, INC., IN THE AMOUNT OF $7,769,000 FOR CONSTRUCTION OF THE PALM DESERT AQUATIC CENTER (CONTRACT NO. C29400A) (JOINT 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Award the subject contract to ASR Constructors, Inc., Riverside, California, for the base bid amount of $7,663,000; 2) select alternates 2 through 5 in the additional amount of $106,000, for a total contract amount of $7,769,000; 3) authorize the director of Finance to set aside a 10% contingency for the project in the amount of $776,900; 4) reject the protest raised by Pacific Custom Pools, Inc., Pasadena, California; 5) 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: B. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT TO THE LOWEST RESPONSIVE BIDDER FOR THE PALM DESERT VISITOR CENTER TENANT IMPROVEMENTS AT 73-470 EL PASEO, SUITE NO. 14, PALM DESERT (CONTRACT NO. R30070) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) 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 tenant Improvements for the new Visitor Center to be located at 73-470 El Paseo, Suite No. 14; 2) authorize the Director of Finance to set aside the amount of $ (verbal recommendation to be provided) as 10% contingency for the project; 3) appropriate $(verbal recommendation to be provided) from the Agency's Economic Development Rental Services/Facilities Fees Unobligated Funds to Account No. 850-4430-422-3421 for the project. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 C. REQUEST FOR AUTHORIZATION FOR STAFF TO DISCONTINUE THE MONTHLY INSPECTIONS AT STONE EAGLE GOLF COURSE AND REVERT TO QUARTERLY INSPECTIONS AS NECESSARY PER THE MAINTENANCE AGREEMENT. Rec: By Minute Motion, authorize staff to discontinue the monthly inspections at Stone Eagle Golf Course and revert to quarterly inspections as necessary per the Maintenance Agreement (Contract No. C28130). Action: XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK 1. Reminder to Adjourn today's Meeting to Monday, September 20, 2010, at Specific time for Consideration of Filling the City Council Vacancy. 2. Announcement of City Council Study Session at 11:00 a.m. on Thursday, September 23, 2010, at the UCR - Palm Desert Graduate Center, 75080 Frank Sinatra Drive, Palm Desert, in order to meet new Chancellor of The University of California, Riverside, Tim White. D. PUBLIC SAFETY 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of the reassignment of City Council Committee/Commission Liaison Appointments. Rec: 1) Review the list of assignments provided in the agenda packet; 2) by Minute Motion, make revised assignments to the various liaison appointments as deemed appropriate. City Council Consideration of Travel Requests and Reports: City Council Committee Reports; City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 2010 September 13, 2010 6:00 p.m. Adj. Reg. Youth Committee Administrative Conference Room September 14, 2010 12:00 p.m. Architectural Review Commission Community Services Conference Room September 15, 2010 9:00 a.m. Art in Public Places Commission Community Services Conference Room 11:30 a.m. Landscape Beautification Committee Public Works Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room September 20, 2010 3:00 p.m. Citizens’ Adv. Cmte.-Proj. Area #4 Administrative Conference Room September 21, 2010 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber September 23, 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 3rd day of September, 2010. ___________________________ Rachelle D. Klassen, City Clerk 10