HomeMy WebLinkAboutAGENDA 23 JAN 2014POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 23, 2014
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
II. ROLL CALL
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
Any person wishing to discuss any item of Closed Session business may address the
City Council, Successor Agency to the Palm Desert Redevelopment Agency, or Housing
Authority Boards at this point by stepping to the lectern and aivina 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, Successor Agency, or Housing Authority
Boards. Because the Brown Act does not allow the City Council, Successor Agency, or
Housing Authority Boards to take action on items not on the Agenda, members will not enter
into discussion with speakers but may briefly respond or instead refer the matter to staff for
report and recommendation at a future City Council, Successor Agency, or Housing
Authority meeting.
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(d)(1):
1) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County
Superior Court, Case No. CIV 80790; DCA No. E023514
B. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
Number of potential cases: 2
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Action:
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Member
Roman Bloch
VII. INVOCATION - Councilmember Jan C. Harnik
VIII. ORAL COMMUNICATIONS - B
Any person wishing to discuss any item not scheduled for public hearing may address the
City Council, Successor Agency to the Palm Desert Redevelopment Agency, or Housing
Authority Boards at this point by stepping to the lectern and aivina 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, Successor Agency to the Palm Desert
Redevelopment Agency, or Housing Authority Boards. Because the Brown Act does not
allow the City Council, Successor Agency to the Palm Desert Redevelopment Agency, or
Housing Authority Boards to take action on items not on the Agenda, members will not enter
into discussion with speakers but may briefly respond or instead refer the matter to staff for
report and recommendation at a future City Council, Successor Agency to the Palm Desert
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,
telephone (760) 346-0611.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. INTRODUCTION AND RECOGNITION OF EXCELLENCE FOR
PALM DESERT YOUTH SOCCER TEAMS.
Action:
B. PRESENTATION OF UPDATE ON PALM DESERT YOUTH COMMITTEE
ACTIVITIES BY MEMBER ROMAN BLOCH.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014
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 January 9, 2014.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 135, 139, 140, 141, 144, 145, and 146.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Buffalo Cafe,
72261 Highway 111, Space #130, Palm Desert.
Rec: Receive and file.
D. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Art In Public Places Commission Meeting of December 11, 2013.
2. Youth Committee Meeting of December 2, 2013.
Rec: Receive and file.
E. LETTER OF RESIGNATION from Patricia Kent — Audit, Investment &
Finance Committee.
Rec: Receive with very sincere regret.
F. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Disposal — Miscellaneous Computer and Related Electronic Equipment.
Rec: By Minute Motion, declare items listed on the accompanying staff
report's Exhibit "A" as surplus property and authorize disposal as
appropriate.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014
G. REPORT Pursuant to Section 33080.1 of the California Health and Safety
Code (Joint Consideration with the Successor Agency to the
Palm Desert Redevelopment Agency and the Palm Desert Housing
Authority).
Rec: Receive and file.
H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C32830 —
Desert Willow Golf Resort Annual Tree Pruning for Fiscal Year 2013-2014
(Project No. 842-14) (West Coast Arborists, Inc., Anaheim, 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.
I. REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of
Work for Contract No. C33100 — San Pascual Channel Access Ramp Project
(Project No. 518-13) (Cora Constructors, Inc., Palm Desert, CA).
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of
$564 to the subject contract with Cora Constructors, Inc.,
Palm Desert, California; 2) authorize the transfer of $564 from
contingency to base for the contract; 3) authorize the Mayor to
execute Change Order No. 1; 4) accept the work as complete and
authorize the City Clerk to file a Notice of Completion for the subject
project.
J. REQUEST FOR AUTHORIZATION to Release Maintenance Security for the
Ironwood Country Club Entry at Mariposa Drive (Ironwood Master
Association, Applicant).
Rec: By Minute Motion, authorize release of the Maintenance Security for
improvements to the Ironwood Country Club entry at Mariposa Drive.
K. REQUEST FOR APPROVAL of Out -of -State Travel for the Building
Maintenance Supervisor to Attend Carrier Controls Training in Las Vegas,
Nevada - February 18-21, 2014.
Action:
Rec: By Minute Motion, authorize Out -of -State Travel for the Building
Maintenance Supervisor to attend Carrier Controls Training in
Las Vegas, Nevada — February 18-21, 2014 — funds are available in
Account No. 110-4310-433-3120 - Street Maintenance
Conference/Seminars/Workshops.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014
XI. CONSENT ITEMS HELD OVER
XII. RESOLUTIONS
A. RESOLUTION NO. 2014 - 02 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
RESOLUTION NO. 2013-13T0 INCLUDE RECENT I.R.S. NOTICE 2013-71,
WHICH RELAXES THE "USE -IT -OR -LOSE -IT" RULE THAT APPLIES TO
HEALTH FLEXIBLE SPENDING ARRANGEMENTS.
Rec: Waive further reading and adopt.
Action:
XIII. ORDINANCES
A. For Introduction:
None
B. For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF A PROPOSED CO-SPONSORSHIP WITH
RENOVA ENERGY CORPORATION TO COMMISSION DEBORAH
FLOWERS TO CREATE ARTWORK FOR THE SET OF THREE (3) UTILITY
CABINETS ON THE NORTHEAST CORNER OF THE INTERSECTION OF
EL PASEO AND HIGHWAY 74 (Mr. Vincent Battaglia, CEO, Renova Energy
Corporation, Applicant).
Rec: By Minute Motion, approve a proposed co-sponsorship with Renova
Energy Corporation to commission Deborah Flowers to create artwork
for the set of three (3) utility cabinets on the northeast corner of the
intersection of El Paseo and Highway 74.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014
B. REQUEST FOR APPROVAL OF SPONSORSHIP IN THE AMOUNT OF
$15,000 FOR THE MARCH 30, 2014, DESERT CONCORSO ITALIAN AUTO
SHOW AT SHADOW MOUNTAIN RESORT (Desert Concorso, Inc.,
Applicant).
Rec: By Minute Motion: 1) Approve sponsorship in the amount of $15,000
to the Desert Concorso, Inc., for the March 30, 2014, Desert Concorso
Italian Auto Show; 2) appropriate $15,000 from the Unobligated
General Fund for this purpose.
Action:
C. REQUEST FOR APPROVAL OF A REUSABLE BAG PROMOTIONAL
PROGRAM TO EDUCATE AND ENCOURAGE RESIDENTS AND
BUSINESSES TO REDUCE THE USE OF SINGLE -USE PLASTIC BAGS
FOR SHOPPING.
Rec: By Minute Motion: 1) Approve the Reusable Bag Promotional Program
in the amount of $57,900; 2) appropriate $57,900 from the
AB 939 Fund, Account No. 236-4195-454-3090, to be used for a
Reusable Bag Promotional Program.
Action:
D. REQUEST FOR APPROVAL OF THE CITY OF PALM DESERT'S
PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT
CERTIFICATE (MCC) PROGRAM.
Rec: 1) Waive further reading and adopt Resolution No. 2014 - 03,
authorizing participation in the Riverside County Mortgage
Credit Certificate (MCC) Program.
2) By Minute Motion, authorize the City Manager to execute all
documents that may be necessary to facilitate the participation.
Action:
E. REQUEST FOR APPROVAL OF EXTENSION TO LEASE AGREEMENT
BETWEEN DESERT WILLOW GOLF RESORT AND GPSi LEASING, LLC,
FOR THE ONBOARD GOLF CART GLOBAL POSITIONING SYSTEM (GPS)
(CONTRACT NO. C30341).
Rec: By Minute Motion, approve the subject Lease Agreement Extension
between the City/Desert Willow Golf Resort and GPSi Leasing, LLC,
in an amount not to exceed $8,507/month for the Onboard Golf Cart
Global Positioning System.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014
F REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR
PROPOSALS (RFP) TO CONSULTANTS QUALIFIED TO PREPARE AN
UPDATE OF THE CITY OF PALM DESERT GENERAL PLAN, AND
APPOINT TWO MEMBERS OF THE CITY COUNCIL TO SERVE ON AN
AD HOC SUBCOMMITTEE THAT WILL EVALUATE THE PROPOSALS
RECEIVED (CONTRACT NO. C33240).
Rec: By Minute Motion: 1) Authorize staff to issue an RFP to consultants
qualified to prepare an update of the 2004 Palm Desert General Plan;
2) appoint two City Councilmembers to serve on an Ad Hoc
Subcommittee that will evaluate the proposals received in response
to the RFP.
Action:
G. REQUEST FOR APPROVAL OF EXPANSION OF THE FREEDOM PARK
DOG PARK AND A PROJECT BOND PROCEEDS FUNDING AGREEMENT
BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT FOR
THIS PURPOSE (JOINT CONSIDERATION WITH THE SUCCESSOR
AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY).
Rec: 1) By Minute Motion, authorize expansion of area of the Freedom
Park Dog Park, as proposed in the accompanying staff report's
Conceptual Design.
Action:
2) By Minute Motion, authorize staff to solicit bids for all project
components (Contract No. C33250A).
3) By Minute Motion, appropriate $100,000 from Unobligated 233
Park Funds to Account No. 233-4670-454-4001 and estimate
a reimbursement from the former Palm Desert Redevelopment
Agency Project Area No. 4 Funding.
4) Waive further reading and adopt Resolution Nos. 2014 - 04
and SA -RDA 023, approving the execution of a Freedom Park
Dog Park Project Bond Proceeds Funding Agreement between
the Successor Agency to the Palm Desert Redevelopment
Agency and the City of Palm Desert, and taking certain related
actions (Contract No. C33250B).
5) By Minute Motion, approve of and authorize the Mayor/Chair
to execute said Project Funding Agreement.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014
H. INFORMATIONAL REPORT OF PROPOSED NEW SCULPTURES AND
MOVEMENT OF EXISTING SCULPTURES AT THE PALM SPRINGS ART
MUSEUM - PALM DESERT AND AUTHORIZATION TO ADVERTISE AND
CALL FOR BIDS FOR MISCELLANEOUS IMPROVEMENTS.
Rec: By Minute Motion: 1) Receive and file the Informational Report;
2) authorize the City Clerk to advertise and call for bids for
construction of Palm Springs Art Museum -Palm Desert Improvements
(Contract No. C33260, Project No. 872-14).
Action:
I. REQUEST FOR APPROVAL OF FUNDING THE ANNUAL FINE ART
INSURANCE PREMIUM IN THE AMOUNT OF $8,250 FOR ART
SCULPTURES LOCATED WITHIN THE ERIC JOHNSON MEMORIAL
GARDEN PER TERMS OF THE LEASE AGREEMENT WITH THE
PALM SPRINGS ART MUSEUM.
Rec: By Minute Motion: 1) Approve $8,250 in funding for the Annual Fine
Art Insurance Premium for art sculptures to be placed in the
Eric Johnson Memorial Garden, per conditions of the Lease
Agreement with the Palm Springs Art Museum (Contract No. C29860);
2) appropriate $8,250 from the Unobligated General Fund for Fine Art
Annual Insurance Premium costs and transfer to Account No.
110-4800-454-3885 for this purpose.
Action:
J. REQUEST FOR APPROVAL OF A CONTRACT WITH RIVERSIDE
COUNTY ECONOMIC DEVELOPMENT AGENCY FOR SPONSORSHIP OF
THE 2014 RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL
IN AN AMOUNT UP TO $20,000 (CONTRACT NO. C33270).
Rec: By Minute Motion: 1) Approve the subject contract with the Riverside
County Economic Development Agency (EDA) in the amount of
$10,000 to sponsor the 2014 Riverside County Fair and National Date
Festival, February 14-23, substantially to form; 2) authorize an
additional amount of $10,000 to be provided in sponsorship only in the
event EDA successfully obtains a commitment from an organization,
including, but not limited to, the Gary Sinise Foundation, to financially
support the project and/or inclusion of specially -adaptable home
design features that meet the needs of a selected disabled veteran for
a Habitat for Humanity of the Coachella Valley, Inc., new home build;
3) authorize the Director of Finance to appropriate $20,000 from the
Community Contingency Reserve Account for the above; 4) authorize
the City Manager or his designee to finalize the contract and the
Mayor to execute the contract to effectuate the actions taken herewith.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014
XV. CONTINUED BUSINESS
A. INFORMATIONAL REPORT ON HOLIDAY DECOR PROGRAM (Continued
from the meeting of January 9, 2014).
Rec: By Minute Motion:
1) Receive and file Informational Report on the City's Holiday
Decor Program.
2) Provide other direction, if so desired, for the median lights to
stay up longer during the entire shopping season through
March 9, 2014 (start of Daylight Savings Time).
3) Approve modifications to the electrical retrofit on the El Paseo
Medians in an amount not to exceed $4,000 — funds are
available within the Landscape Services Maintenance Account,
and no appropriation is requested.
Action:
XVI. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACTS FOR CONSTRUCTION OF AND
CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE
MONTEREY AVENUE AT 1-10 RAMP MODIFICATIONS PROJECT
(PROJECT NO. 669-02).
Rec: By Minute Motion:
1) Waive minor clerical irregularities in the contract bid submitted
by Powell Constructors, Inc.
2) Award Contract No. C22310H for Construction of the Monterey
Avenue at 1-10 Ramp Modifications Project to Powell
Constructors, Inc., Fontana, California, in the amount of
$7,037,417.35.
3) Authorize the Director of Finance to set aside a 10%
contingency for the project in the amount of $703,741.74.
4) Award Contract No. C223101 for Construction Management
Services on the Monterey Avenue at 1-10 Ramp Modifications
Project to Dynamic Engineering Services, Inc., Corona,
California, in the amount of $785,714.20.
5) Authorize the Mayor to execute the aforementioned contracts —
funds are available in Account No. 213-4389-433-4001 -
Monterey Avenue at 1-10 Ramp Modification; the City will
receive Federal, State, and Local Reimbursement, as shown
in the accompanying staff report.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014
B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 FOR
ADDITIONAL GEOTECHNICAL TESTING AND A REQUEST FOR
ACCEPTANCE OF WORK FOR CONTRACT NO. C29780A - MONTEREY
AVENUE AND FRED WARING DRIVE IMPROVEMENT PROJECT
(PROJECT NO. 656-06) (Granite Construction Company, Indio, CA).
Rec: By Minute Motion:
1) Approve Change Order No. 1 in the amount of $50,000 to the
subject contract with Granite Construction Company, Indio,
California.
2) Authorize the transfer of $50,000 from contingency to base for
the contract.
3) Authorize the Mayor to execute Change Order No. 1.
4) Authorize payment of invoices totaling $15,334.50 to Sladden
Engineering for additional geotechnical testing for the Monterey
Avenue and Fred Waring Drive Improvement Project.
5) Accept the work as complete and authorize the City Clerk to
file a Notice of Completion for the subject project — funds for
additional geotechnical testing are available in Account
No. 213-4383-433-4001.
Action:
XVII. PUBLIC HEARINGS
None
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meeting Summaries for the Period of December 30,
2013 - January 10, 2014.
Rec: Receive and file.
Action:
B. CITY ATTORNEY
C. CITY CLERK
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014
1 Announcement of City Council Study Session Planned for
Wednesday, January 29, 2014 — Time to Be Announced — To
Interview Applicants for Various Standing Committee and Commission
Vacancies.
Action:
2. Consideration of the Appointment of Voting Delegate and/or Alternate
to Attend the Southern California Association of Governments (SCAG)
General Assembly May 1-2, 2014, at the Renaissance Esmeralda
Resort & Spa, Indian Wells.
Rec: By Minute Motion, if desired, appoint a City Councilmember
Voting Delegate and/or Alternate for the SCAG General
Assembly on May 1-2, 2014.
Action:
D. PUBLIC SAFETY
1. Fire Department
2. Police Department
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. City Council Requests for Action:
2. City Council Consideration of Travel Reauests and Reports:
3. City Council Committee Reports:
4. City Council Comments:
5. Suaaested Items for Future City Council Meetina Aaendas:
XIX. ADJOURNMENT
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2014
January 28, 2014
February 3, 2014
February 4, 2014
February 10, 2014
February 11, 2014
February 12, 2014
February 13, 2014
FUTURE MEETINGS:
10:00 a.m.
10:00 a.m.
12:00 p.m.
1:30 p.m.
6:00 p.m.
8:30 a.m.
6:00 p.m.
2:00 p.m.
12:00 p.m.
9:00 a.m.
3:30 p.m.
3:30 p.m.
3:00 p.m.
Audit, Investment & Finance Committee
North Wina Conference Room
Cultural Resources Preservation Cmte.
Administrative Conference Room
Architectural Review Commission
Community Services Conference Room
Oversight Board
Administrative Conference Room
Youth Committee
Administrative Conference Room
Parks & Recreation Commission
Administrative Conference Room
Planning Commission
Civic Center Council Chamber
Citizens' Sustainability Committee
Administrative Conference Room
Architectural Review Commission
Community Services Conference Room
Art In Public Places Commission
Community Services Conference Room
Housing Commission
North Wina Conference Room
Public Safety Commission
Administrative Conference Room
Reg. City Council/Successor RDA Mtgs.
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 17th day of January, 2014. Note: This agenda is subject
to amendment up to 72 hours in advance of the meeting.
Rachelle D. Klassen, City Clerk
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