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Home My WebLink AboutAGENDA 27 FEB 2014POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 27, 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 FEBRUARY 27, 2014 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 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, 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. PRESENTATION TO RECOGNIZE RON CRISP FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS AUDIT, INVESTMENT & FINANCE COMMITTEE, 2012 - 2013. Action: B. PRESENTATION TO RECOGNIZE STEPHANIE LOOG FOR HER SERVICE TO BOTH THE CITY OF PALM DESERT'S AUDIT, INVESTMENT & FINANCE COMMITTEE AND THE MARKETING COMMITTEE, 2007-2014. Action: C. PRESENTATION TO RECOGNIZE MARLANE WOLF FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS MARKETING COMMITTEE, 2009 - 2014. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 D. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF MARCH 2014 AS "ESSENTIAL TREMOR AWARENESS MONTH" 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 February 13, 2014. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 154, 158, 159, 161, 162, and 165. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#7241 by Golden Eagle Insurance / Elaine Wallace in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. SINGLE AUDIT of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2013. Rec: Receive and file. E. STATE CONTROLLER'S REPORT of the City of Palm Desert's Special Gas Tax Street Improvement Fund for the Period of July 1, 2008, through June 30, 2013; Traffic Congestion Relief Fund Allocations for the Period of July 1, 2008, through June 30, 2011; and Proposition 1 B Allocations for the Period of July 1, 2007, through June 30, 2013. Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 F. INDEPENDENT ACCOUNTANTS' REPORT on Agreed -upon Procedures Performed on the Measure "A" Transportation Fund for the Fiscal Year Ended June 30, 2013. Rec: Receive and file. G. AUDITED FINANCIAL REPORTS of the Palm Desert Recreational Facilities Corporation for the Fiscal Year Ended June 30, 2013. Rec: Receive and file. H. AUDITED COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) for the City of Palm Desert - Fiscal Year Ended June 30, 2013. Rec: Receive and file. I. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Citizens' Sustainability Committee Meeting of November 6, 2013. 2. Parks & Recreation Commission Meeting of January 14, 2014. 3. Public Safety Commission Meeting of November 13, 2013. 4. Youth Committee Meeting of January 6, 2014. Rec: Receive and file. J CONSIDERATION of Recommendation by Legislative Review Committee to Send Letter of Support for AB 1147 (Gomez) - Massage, and to Receive and File Update on Status of AB 471 (Atkins) - Infrastructure Financing Districts. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and authorize the Mayor to send letter of support for AB 1147 (Gomez), and receive and file update on AB 471 (Atkins). K. REQUEST FOR APPROVAL of a Letter of Support to the Los Angeles - San Diego (LOSSAN) Joint Powers Authority Concerning California's Intercity Passenger Rail Program. Rec: By Minute Motion, authorize the Mayor to send a letter of support concerning the California Intercity Passenger Rail Program. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 L. REQUEST FOR APPROVAL of the 2014 Palm Desert Recreational Century Bike Ride, Including Road Closures and Waiver of Palm Desert Municipal Code Regulations Concerning Amplified Sound and Vendor Sales. Rec: By Minute Motion, approve: 1) Palm Desert Recreational Century Bike Ride on Saturday, November 8, 2014; 2) road closure at University Drive from College Drive east to west; 3) southbound lane closure of College Drive between University and Frank Sinatra; 4) waiver of P.D.M.C. Section 11.01.140 - Amplified Sound; 5) waiver of P.D.M.C. Section 11.01.180 (Q) - Prohibited Conduct Generally in City Parks - Vendor Sales. M. REQUEST FOR AMENDMENT to Contract No. C33050—Janitorial Services at the Palm Desert Sheriff Substation, 73520 Fred Waring Drive. Rec: By Minute Motion: 1) Authorize the approval of an amendment to the subject contract with Wurms Janitorial Services, Inc., Corona, California, for the period of March 1, 2014, through June 30, 2015; 2) approve a one-year term extension for the subject contract for the period of July 1, 2014 - June 30, 2015, which includes the new amendments; 3) authorize an increase of monthly janitorial services costs for the subject contract from $1,113.07 to $1,618.95 — funds are currently available in Sheriff Substation Maintenance Account No. 510-4195-495-3695; 4) authorize the City Manager to include an additional two rooms requiring janitorial services, if they are utilized in the future, at a cost of $58.19/month. N. REQUEST FOR AUTHORIZATION to Release Security for Parcel Map No. 36137 - 72235 Painters Path (Poul Moller/Mollers Garden Center, Applicant). Rec: By Minute Motion, authorize release of security for improvements on Parcel Map No. 36137. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 XIII. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 1266 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NOS. 1130 AND 1167, AND AMENDING SECTION 10.36.010 OF TITLE 10 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO SPEED ZONES. Rec: Waive further reading and pass to second reading. Action: B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR ADOPTION OF THE "ENVISION PALM DESERT —> FORWARD TOGETHER" STRATEGIC PLAN AS PRESENTED. Rec: By Minute Motion, adopt the "Envision Palm Desert —> Forward Together" Strategic Plan as presented and direct staff to utilize the Plan going forward as an aid in setting City priorities and policies. Action: B. REQUEST FOR APPROVAL OF CONTRACT WITH DIAMOND CONTRACT SERVICES, INC., IN THE AMOUNT OF $62,400 TO PERFORM JANITORIAL SERVICES FOR THE CITY OF PALM DESERT PARKVIEW OFFICE COMPLEX FOR ONE YEAR (CONTRACT NO. C33340). Rec: By Minute Motion, approve the subject contract with Diamond Contract Services, Inc., Burbank, California, in the amount of $62,400 to perform janitorial services at the City of Palm Desert Parkview Office Complex for one year and authorize the Mayor to execute same — 100% of the contract cost is allocated to each space at the Parkview Office Complex and recovered through lease payments from all the tenants — funds are available in Fund 510. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 C. REQUEST FOR APPROVAL OF THE PROPOSAL FROM AND COMMISSIONING OF BIJAN MASOUMPANAH FOR A DESIGN TO BE PAINTED ON THE TRAFFIC SIGNAL CABINET LOCATED ON THE SOUTHWEST CORNER OF FRED WARING DRIVE AND COLLEGE OF THE DESERT. Rec: By Minute Motion, approve the proposal from and commissioning of Bijan Masoumpanah for a design to be painted on the traffic signal cabinet on the southwest corner of Fred Waring Drive and College of the Desert — total cost of the project would be $1,275 for cabinet preparation, UV/graffiti coating, and a plaque for the artwork. Action: D. REQUEST FOR APPROVAL OF BETTYBY DORE CAPITANI, DUALITY BY HEATH SATOW, AND TAKING FLIGHT BY ALISA LOONEY, WITH CROSS -OVER BY MICHAEL ANDERSON AS THE ALTERNATE, AS THE SCULPTURES FOR PUBLIC SELECTION OF ONE TO PURCHASE FROM THE 2013/2014 EL PASEO INVITATIONAL EXHIBITION. Rec: By Minute Motion, approve Betty by Dore Capitani, Duality by Heath Satow, and Taking Flight by Alisa Looney, with Cross -Over by Michael Anderson as the alternate, as the sculptures for public selection of one to purchase from the 2013/2014 El Paseo Invitational Exhibition. Action: E. REQUEST FOR APPROVAL OF CONTRACT RENEWAL WITH D&B VISIONS FOR CONSULTING SERVICES RELATIVE TO THE CITY'S COMMERCIAL AND MULTI -FAMILY HOUSING RECYCLING PROGRAMS (CONTRACT NO. C32591). Rec: By Minute Motion, authorize: 1) The Mayor to enter into an agreement with D&B Visions, Temecula, California, for consulting services relative to the City's Commercial and Multi -family Housing Recycling Programs; 2) expenditure of funds in an amount not to exceed $80,000 from the Recycle Fund, Account No. 236-4195-454-3090, for this purpose. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 F REQUEST FOR APPROVAL OF A DESIGN CONTRACT WITH HURDZAN GOLF TO DEVELOP THE DESERT WILLOW GOLF COURSE MASTER CAPITAL IMPROVEMENT PLAN AND FIRECLIFF GOLF COURSE RENOVATION DESIGN (CONTRACT NO. C33350). Rec: By Minute Motion: 1) Approve a Professional Services Agreement with Hurdzan Golf, Columbus, Ohio, for the Desert Willow Golf Course Master Capital Improvement Plan and Firecliff Course Renovation Design in an amount not to exceed $95,000; 2) budget an amount not to exceed $7,500 for the consultant's reimbursable travel expenses for up to five (5) site visits; 3) appropriate $102,500 from Desert Willow Capital Improvement Fund 441 for this purpose. Action: G. REQUEST FOR AUTHORIZATION TO INITIATE ASSESSMENT DISTRICT PROCEEDINGS AND TAKE RELATED ACTIONS, INCLUDING A PROJECT BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT, FOR UNDERGROUNDING OF UTILITIES AT PALM DESERT TAMARISK AND ADJACENT PROPERTIES (DISTRICT 12) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Waive further reading and adopt Resolution No. 2014 - 11, initiating proceedings for the undergrounding of overhead electric and communication utility facilities to underground facilities pursuant to the provisions of Chapter 12.12 of the Code of the City of Palm Desert, California, and the Municipal Improvement Act of 1913. 2) Waive further reading and adopt Resolution Nos. 2014 - 12 and SA -RDA 025, approving the execution of a District 12 (Tamarisk) Utility Undergrounding 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. 3) By Minute Motion, approve of and authorize the Executive Director and Mayor/Chair to execute the District 12 (Tamarisk) Utility Undergrounding Project Funding Agreement. 4) By Minute Motion, appropriate $400,000 from Account No. 400-4256-464-4001 to pay for engineering fees that will allow project design to proceed. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 H. REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS AND RE -BID THE PROJECT KNOWN AS THE 2014 CITYWIDE TREE PRUNING PROGRAM (CONTRACT NO. C33200, PROJECT NO. 932-14) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion: 1) Reject all bids received for Contract No. C33200 - 2014 Citywide Tree Pruning Program; 2) authorize staff to rebid the project. Action: I. REQUEST FOR APPROVAL OF A SPONSORSHIP REQUEST FROM PALM DESERT YOUTH SPORTS ASSOCIATION (PDYSA) IN THE AMOUNT OF $5,400 FOR ASSISTANCE WITH OPENING- AND CLOSING - DAY CEREMONIES. Rec: By Minute Motion: 1) Approve the sponsorship request from PDYSA in the amount of $5,400 to assist with opening- and closing -day ceremonies; 2) appropriate $5,400 from Unobligated General Fund monies to Account No. 110-4800-454-3880 - Outside Agency Funding for this purpose. Action: J REQUEST FOR APPROVAL OF THE USE OF DESERT WILLOW GOLF RESORT FOR THE OCTOBER 4, 2014, WORLD EDUCATION UNIVERSITY CONCERT (WE-U), PROMOTING PEACE AND PROSPERITY THROUGH EDUCATION. Rec: By Minute Motion, approve the use of Desert Willow Golf Resort for the October 4, 2014, World Education University Concert benefiting peace and prosperity through free online education. Action: K. REQUEST FOR AWARD OF PURCHASE OF 10,000 REUSABLE CHICOBAGS TO BEST PROMOTIONS IN THE AMOUNT OF $46,541. Rec: By Minute Motion: 1) Reject the bids submitted by Speed Promotional Inc., Sunwest Sales Company, Cardinal Promotions, Sierra Group LLC, S&K Associates, and TS&J as non -responsive; 2) award the purchase of 10,000 Reusable ChicoBags to the lowest responsive, responsible bidder, Best Promotions, Palm Desert, California, in the amount of $46,541 — funds are available in the City's AB 939 Fund, Account No. 236-4195-454-3090. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO CORA CONSTRUCTORS, INC., IN THE AMOUNT OF $54,000 FOR THE FREEDOM DOG PARK EXPANSION PROJECT (CONTRACT NO. C33250A, PROJECT NO. 715-14). Rec: By Minute Motion: 1) Deem Contractor's Proposal submitted by Doug Wall Construction, Inc., Bermuda Dunes, California, as non- responsive; 2) award the subject contract for the Freedom Dog Park Expansion Project in the amount of $54,000 to Cora Constructors, Inc., Palm Desert, California; 3) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $5,400; 4) authorize the Mayor to execute the contract — funds are available in Account No. 233-4670-454-4001 - Capital Park Improvement Fund. Action: XVII. PUBLIC HEARINGS A. REQUEST FOR ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVAL OF A NEW 4,000 SQUARE -FOOT SINGLE-FAMILY HOME, INCLUDING A 473 SQUARE -FOOT DETACHED GARAGE, ON A HILLSIDE RESIDENTIAL PROPERTY LOCATED AT 72000 CHUCKAWALLA WAY (APN 652-090-001), Case No. PP/HDP 13-198 (Mike De Cotiis/Pinnacle International Realty Group, Applicant). Rec: Waive further reading and adopt Resolution No. 2014 - 13, adopting a Mitigated Negative Declaration of Environmental Impact as it relates to the project, and approving a new 4,000 square -foot single-family home, including a detached 473 square -foot garage, on a nine -acre parcel located on a hillside residential property. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 B. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT TO MODIFY PALM DESERT MUNICIPAL CODE SECTION 25.40.050 - ACCESSORY STRUCTURES - TO REFINE PLACEMENT AND DEVELOPMENT STANDARDS, AND SECTION 25.99 - DEFINITIONS - TO COMBINE AND MAKE DEFINITIONS CONSISTENT FOR ACCESSORY BUILDINGS AND STRUCTURES, Case No. ZOA 13-357 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1267 to second reading, approving Zoning Ordinance Amendment No. 13-357, amending Palm Desert Municipal Code Section 25.40.050 -Accessory Buildings and Structures, and Section 25.99 - Definitions. Action: C. REQUEST FOR APPROVAL OF AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.97 - FOOD VENDING VEHICLES - AND THE ESTABLISHMENT OF INSPECTION FEES FOR FOOD VENDING TRUCKS (City of Palm Desert, Applicant). Rec: By Minute Motion, continue this public hearing to the meeting of March 13, 2014. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of January 27 - February 14, 2014. Rec: Receive and file. Action: B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY 1. Fire Department 2. Police Department 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2014 E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: 2. City Council Consideration of Travel Requests and Reports: 3. City Council Committee Reports: 4. City Council Comments: 5. Suaaested Items for Future City Council Meetina Aaendas: XIX. ADJOURNMENT March 3, 2014 March 4, 2014 March 11, 2014 March 12, 2014 March 13,2014 FUTURE MEETINGS: 1:30 p.m. Oversight Board Administrative Conference Room 6:00 p.m. Youth Committee Administrative Conference Room 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber 12:00 p.m. Architectural Review Commission Community Services Conference Room 9:00 a.m. Art In Public Places Commission Community Services Conference Room 3:30 p.m. Housing Commission North Wino Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room 3:00 p.m. 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 21 st day of February, 2014. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. Rachelle D. Klassen, City Clerk 12