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Home My WebLink AboutAGENDA 24 FEBRUARY 2011POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 24, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL I1TA 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. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APNs 652-070-001; 652-090-001; 652-120-001, -002, 628-390-0457 0447 -037, and -028 (39 Acres Total) Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert Property Owner: MKH Fund 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 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Jan C. Harnik VII. INVOCATION - Mayor Pro Tern Robert A. Spiegel 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 givinq 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. PRESENTATIONS TO RECOGNIZE MEMBERS OF THE CITY'S COMMITTEES AND COMMISSIONS FOR THEIR YEARS OF SERVICE. 1. Barbara Stenning - Art in Public Places Commission, 2005-2011. 2. Jono Hildner - Audit, Investment & Finance Committee, 2009-2011. 3. A. Phill Babcock, Jr. - Parks & Recreation Commission, 1998-2011. 4. Mari Schmidt - Planning Commission, 2007-2011. 5. Kelly Litecky - Project Area No. 4 Committee, 2009-2011. 6. James Larsh - Public Safety Commission, 2003-2011. F-IT41 Me, POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 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 February 10, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 169, 170, 171, and 176. Rec: Approved as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of September 2010, October 2010, and November 2010 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Red Lobster #6378, Northwest Corner of Highway 111 & Fred Waring Drive, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Service Systems Associates, Inc., 47900 Portola Avenue, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Travel Traders #3063, 74855 Country Club Drive, #A, Palm Desert. Rec: Receive and file. G. AUDIT, INVESTMENT & FINANCE COMMITTEE Minutes for the Meetings of September 28, 2010, October 26, 2010, and November 23, 2010. Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 H. REQUEST FOR EXTENSION of Contract for Online Marketing Services with Off Madison Ave. for a Two -month Period (Contract No. C30020). Rec: By Minute Motion, authorize extension of the subject contract with Off Madison Ave., Tempe, Arizona, for a two -month period through April 2011 - funds are available in the Marketing Budget, Account Nos. 110-4417-414-3090 and 110-4417-414-3221. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29690 - Traffic Signal Installation at Frank Sinatra Drive and Gerald Ford Drive (Project No. 557-05) (Sierra Pacific Electrical Contracting, 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. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29700 - 2010 Citywide Striping Program (Project No. 564-10) Chrisp Company, Fremont, 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 APPROVAL of Two Planning Commissioners Attending the 2011 League of California Cities' Planners Institute Conference in Pasadena, California, March 9-11. Rec: By Minute Motion, authorize travel for two (2) Planning Commissioners to attend the League's Planners Institute Conference in Pasadena, California, March 9-11, 2011 - funds in the approximate amount of $2,600 are available in the City Council Committee Conferences Account (No. 110-4110-410-3121) and Department of Community Development Travel Accounts (No. 110- 4470-412-3115 and-3120). L. CONSIDERATION of City Sponsorship of the Rotary Club of Palm Desert Citizen of the Year Event in the Amount of $2,000. Rec: By Minute Motion, approve: 1) City of Palm Desert sponsorship of the Rotary Club of Palm Desert Citizen of the Year Event in the amount of $2,000; 2) appropriation of $2,000 from the Unobligated General Fund Reserve to the City Manager Local Meetings Account (No. 110-4130-411-3125) for this purpose. In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 M. SINGLE AUDIT REPORT of Federally Assisted Grant Programs for the Fiscal year Ended June 30, 2010. Rec: Receive and file the Report. N. REQUEST FOR AUTHORIZATION to Expend $2,891 in CalCOPS Funds for Various Traffic Collision Investigation Courses. Rec: By Minute Motion, approve the expenditure of $2,891 in CalCOPS funds to send Palm Desert Police Department Officers to various traffic collision investigation courses. O. REQUEST FOR AUTHORIZATION to Expend $3,247.83 in CalCOPS Funds for LifeSavers 2011 - Phoenix Conference, March 27-29. Rec: By Minute Motion, approve the expenditure of $3,247.83 in CalCOPS Funds to send Palm Desert Police Department Officers to the LifeSavers 2011-Phoenix Conference, March 27-29. P. REQUEST FOR AUTHORIZATION to Modify United States Department of Justice BJA Justice Assistance Grant (JAG) Program FY 2010 Local Solicitation (Award #2010-DJ-BX-0688). Rec: By Minute Motion, approve the Palm Desert Police Department's recommendation to modify the program scope for the United States Department of Justice BJA Justice Assistance Grant (JAG) Program FY 2010 Local Solicitation (Award #2010-DJ-BX-0688). Q. INFORMATIONAL REPORT on Burglary and Theft in Palm Desert, 2008- 2010. Rec: Receive and file. XI. CONSENT ITEMS HELD OVER 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO AMEND ENERGY INDEPENDENCE PROGRAM REPORT AND ADMINISTRATIVE GUIDELINES PREPARED PURSUANT TO SECTION 5898.22 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE, AND SETTING A PUBLIC HEARING THEREON. Rec: Waive further reading and adopt. B. RESOLUTION NO. 2011 - 10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING THE MISSION SPRINGS WATER DISTRICT GROUNDWATER QUALITY PROTECTION PROJECT. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: None POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO ANDY'S LANDSCAPE AND TREE SERVICE, INC., IN THE AMOUNT OF $72,376 FOR THE CITYWIDE PALM TREE PRUNING PROGRAM (CONTRACT NO. C30450, PROJECT NO. 931-11) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion: 1) Award subject contract for the Citywide Palm Tree Pruning Program to Andy's Landscape and Tree Service, Inc., Palm Desert, California, in the total amount of $72,376 (City- $64,746.00 and Housing Authority - $7,630.00); 2) authorize the Director of Finance to set aside an additional 16% contingency in the total amount of $7,237.60 (City - $6,474.60 and Housing Authority - $763.00); 3) authorize the Mayor/Chairman to execute said contract - funds are available for the portion of the contract relative to the City and Assessment Districts in Parks and Recreation Account Nos. 110-4610-453-3320, 110-4611-453-33207 110-4611-453-3371; Repair/Maintenance Medians Account No. 110-4614-453-3370; and Assessment District Fund 200 Accounts. for the portion of the contract relative to the Housing Authority, funds are set aside in the 2010-11 Housing Authority Operating Budget. F-IT4 e , B. REQUEST FOR AWARD OF CONTRACT TO LEON'S LANDSCAPING AND TREE SERVICE, INC., IN THE AMOUNT OF $13,639.25 FOR CONSTRUCTION OF THE KANSAS STREET RETENTION BASIN LANDSCAPE (CONTRACT NO. C30530, PROJECT NO. 910-10) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Award the subject contract for Construction of the Kansas Street Retention Basin Landscape to Leon's Landscaping and Tree Service, Inc., Thousand Palms, California, in the amount of $13,639.25; 2) authorize the Director of Finance to set aside a 10% contingency in the amount of $1,363.93; 3) authorize the Mayor to execute said contract - funds are available in Account No. 854-4625-454-4001, Palm Desert CC Park - no General Funds being used for this expenditure. F-IT41 Me, VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 C. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED IN FALCON CREST KNOWN AS 42190 GOLDEN EAGLE LANE (APN 624-431-011), IF NECESSARY, IN ANTICIPATION OF EXPIRATION OF THE FIRST RIGHT -OF -REFUSAL PERIOD (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Authorize acquisition of 42190 Golden Eagle Lane (APN 624-431-011) for the purpose of retaining affordability covenants and resale, if necessary, in anticipation of expiration of the 45-day first right -of -refusal period in amount pursuant to the Affordable Agreement (approximately $226,188, to be increased by reasonable closing costs and commissions); 2) approve Agency Silent Second and City BEGIN Third Trust Deed in amounts necessary to secure an affordable housing cost pursuant to Redevelopment Law for either a direct sale or Agency resale from Housing Set -aside Fund and BEGIN Program monies; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction; 4) authorize the Executive Director or his designee to execute any documents necessary to facilitate this transaction - funds are available in Acquisition Rehab and Resale Account No. 870-4492-464-4001, BEGIN Program Fund Account No. 214-4494-464-3901, and Homebuyer Assistance Account No. 870-4699-464-4001. D. REQUEST FOR APPROVAL OF THE CITY OF PALM DESERT 2011 SUMMER CONCERT SERIES. Rec: By Minute Motion: Action: 1) Approve the 2011 Summer Concert Series Schedule 2) Approve the following Contracts for performances at the 2011 Summer Concert Series; a) Pretzel Logic Band - $2,500 (Contract No. C30620A), b) Navy Band - $500 (Contract No. C30620B)7 c) One 11 Band - $1,000 (Contract No. C30620C); d) The Silverados - $1,000 (Contract No. C30620D). 3) Approve expenditure with Studio Instrument Rentals, Palm Springs, California, for concert professional staff, instrumental equipment, sound, and/or lighting in conjunction with the concerts. 4) Authorize the Mayor to execute said contracts - funds are available in Account No. 110-4416-414-3061. A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 XV. CONTINUED BUSINESS XVI. OLD BUSINESS REQUEST FOR AWARD OF CONTRACT TO COOLEY CONSTRUCTION IN THE AMOUNT OF $1,058,441 FOR CONSTRUCTION OF THE BERGER CIRCLE AND BERGER DRIVE SOUTH RING ROAD AT THE CAL STATE UNIVERSITY, SAN BERNARDINO, AND UNIIVERSITY OF CALIFORNIA, RIVERSIDE - PALM DESERT CAMPUSES (CONTRACT NO. C28830, PROJECT NO. 814-09) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Award the subject contract for construction of the Berger Circle and Berger Drive South Ring Road to Cooley Construction, Inc., Hesperia, California, in the amount of $1,058,441-1 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $105,844.10; 3) authorize the Director of Finance to appropriate $1,164,285.10 from the Unobligated Redevelopment Agency Project Area No. 2 Funds to Account No. 851- 4432-464-4001 for the project; 4) authorize the Mayor to execute said contract - funds will be available in Account No. 851-4432-464-4001 (Cal State Infrastructure) upon Council's authorization). B. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE COOK STREET DRAINAGE AND INTERSECTION IMPROVEMENTS AT COUNTRY CLUB DRIVE AND HOVLEY LANE EAST TO THE LOWEST RESPONSIBLE BIDDER (CONTRACT NO. C29370C, PROJECT NO. 505-03) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Award the subject contract for Construction of the Cook Street Drainage and Intersection Improvements at Country Club Drive and Hovley East in the amount of ($ Verbal recommendation to be provided); 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of ($ Verbal recommendation to be provided); 3) authorize the Mayor to execute said contract; 4) authorize the Director of Finance to set aside 15% allocation for Construction Support and Material Testing Services - funds are currently available in Account Nos. 213-4385-433-4001 (Measure "A"), 232- 4375-433-4001 (Drainage), and 853-4385-433-4001 (Resolution Nos. 07-60 and 542). Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 C. REQUEST FOR AWARD OF CONTRACT TO THE PENTA BUILDING GROUP IN AN AMOUNT NOT TO EXCEED $848,149 FOR THE FIRE STATION NO. 33 (PROJECT NO. 613-09) AND FIRE STATION NO. 71 (PROJECT NO. 871-09) RENOVATION PROJECT (CONTRACT NO. C30300) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion- 1) Approve the two project options of Landscaping and QuakeGuard System at Fire Station Nos. 33 and 71. 2) Authorize the Mayor to execute Contract No. C30300 with The Penta Building Group, Palm Desert, California, in an amount not to exceed $848,149 (including Landscaping and QuakeGuard Options) for the Fire Station Nos. 33 (Project No. 613-09) and 71 (Project No. 871-09) Renovation Project. 3) Authorize the Director of Finance to set aside the amount of $84,814.90 as 10% contingency (use of contingency requires additional action) - funds for this project are included in the 2010/2011 Redevelopment Agency Financial Plan in Project Area Nos. 1 and 2, Account Nos. 850-4220- 464-4001 and 851-4220-464-4001. F-IT41 Me, D. REQUEST FOR APPOINTMENT OF TWO (2) CITY COUNCILMEMBERS TO A SUBCOMMITTEE THAT WILL WORK WITH STAFF AND THE BUSINESS COMMUNITY TO DEVELOP NEW STANDARDS FOR ILLUMINATED WINDOW SIGNS ("NEON SIGNS"). Rec: By Minute Motion, appoint two (2) City Councilmembers to a subcommittee dealing with illuminated window signage. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AN AMENDMENT TO RESOLUTION NO. 91-5, REMOVING DEPARTMENT OF COMMUNITY DEVELOPMENT/PLANNING CONDITION REGARDING EXCLUSION OF A SUPERMARKET; ZONING ORDINANCE AMENDMENT TO CHAPTER 25.30 OF THE PALM DESERT MUNICIPAL CODE TO ALLOW SUPERMARKETS NOT EXCEEDING 60,000 GROSS SQUARE FEET AS CONDITIONAL USES IN THE REGIONAL PC (3) ZONE; EXTERIOR MODIFICATIONS AND A TOWER ELEMENT (AS PROVIDED FOR BY P.D.M.C. 25.56.300) TO INCREASE THE WEST TOWER ELEMENT FROM 34 FEET TO 40 FEET LOCATED AT 72-280 HIGHWAY 111; AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE PROJECT, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Case Nos. ZOA/CUP 10-228 (KKE Architects, Applicant). Rec: By Minute Motion, continue to the meeting of March 10, 2011. F-IT4 e , B. CITY COUNCIL REQUEST FOR REVIEW OF THE APPROVAL OF A PRECISE PLAN OF DESIGN FOR A NEW DEPARTMENT OF MOTOR VEHICLES (DMV) FACILITY LOCATED AT 36-400 TECHNOLOGY DRIVE, NORTH OF GERALD FORD DRIVE - PROPOSED BUILDING TOTALS 11,280 SQUARE FEET ON A VACANT, 2.22-ACRE SITE Case No. PP 10-302 (The Magnon Companies, Applicant). Rec: Waive further reading and adopt Resolution No. 2011 - 11, approving Precise Plan No. 10-302, subject to attached conditions. Action: 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 C. REQUEST FOR REDEVELOPMENT AGENCY PUBLIC HEARING AND THE AGENCY'S AND CITY'S ADOPTION OF RESOLUTIONS APPROVING THE DELEGATION AND CONVEYANCE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT REDEVELOPMENT AGENCY (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Conduct a public hearing before the Agency Board regarding the Delegation and Conveyance Agreement. Following public testimony: 2) Waive further reading and adopt Redevelopment Agency Resolution No. 581 and City Council Resolution No. 2011-12, approving the Delegation and Conveyance Agreement (Contract No. R30610), and authorizing the City Manager/Executive Director to execute the Agreement and any and all documents necessary to facilitate the Agreement. 3) By Minute Motion, authorize the Mayor/Chairman to execute any and all documents necessary for the conveyances. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of February 2 - 15, 2011. Rec: Receive and file. B. CITY ATTORNEY C. CITY CLERK 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action- 0 City Council Consideration of Travel Requests and Reports: o City Council Committee Reports: o City Council Comments- 0 Suggested Items for Future City Council Meeting Agendas XIX. ADJOURNMENT FUTURE MEETINGS March 1, 2011 8.30 a.m. Parks & Recreation Commission Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber March 7, 2011 6.00 p.m. Youth Committee Administrative Conference Room March 8, 2011 12.00 p.m. Architectural Review Commission Community Services Conference Room 3.00 p.m. Citizens' Adv. Cmte.-Prof. Area #4 (Special Mtg.-Combined Feb -Mar.) Administrative Conference Room March 9, 2011 3.30 p.m. Housing Commission North Wing Conference Room 3.30 p.m. Public Safety Commission Administrative Conference Room March 10, 2011 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 February, 2011. 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2011 Rachelle D. Klassen, City Clerk 14