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Home My WebLink AboutAGENDA 13 MAR 2014POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 13, 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 Reauest for Closed Session: A. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 B. Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Member Cory Hutchinson VII. INVOCATION - Councilman Robert A. Spiegel 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 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, 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 OF PROCLAMATION DECLARING THURSDAY, MARCH 13, 2014, AS "FRED JANDT DAY" IN THE CITY OF PALM DESERT. Action: B. PRESENTATION OF UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER CORY HUTCHINSON. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 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 February 27, 2014. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 172, 173, 177, 178, and 182. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for November 2013 and December 2013 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bobby Mao's Chinese Kitchen & Bar, 72840 Highway 111, Suite W400, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meeting of November 26, 2013. 2. Youth Committee Meeting of February 3, 2014. Rec: Receive and file. F REQUEST FOR AUTHORIZATION to Submit an Application for Recertification of Palm Desert's "Tree City USA" Designation. Rec: By Minute Motion, authorize: 1) Staff to submit an application for recertification to the State Forester for the City to maintain the "Tree City USA" designation; 2) Mayor to execute the application. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 G. REQUEST FOR AUTHORIZATION to Advertise, Call for Bids, and Approve Payment of Fees to Coachella Valley Water District (CVWD) for the Landscaping of Monterey Avenue Medians from Country Club Drive to Dick Kelly Drive (Contract No. C33360, Project No. 965-11). Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the subject Landscaping of Monterey Avenue from Country Club Drive to Dick Kelly Drive; 2) authorize payment of $36,616.21 in fees to CVWD in conjunction with the subject project; 3) direct reimbursement from the City of Rancho Mirage for the landscape installation of this project to the Capital Reserve Landscape Fund — funds are available for the project in Account No. 400-4614-433-4001-Landscape Capital Reserve. H. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C32160 - Landscape Maintenance Area No. 1 (LMA No. 1) (Project No. 901-12). Rec: By Minute Motion, approve Amendment No. 1 to the subject contract with Vintage Associates, Inc., Bermuda Dunes, California, to reduce the contract amount by ($2,250) for LMA No. 1 — funds are available in General Fund Account No. 110-4611-453-3320 - R/M Landscape Services. REQUEST FOR APPROVAL of the Performing Arts Contract and Pyro Spectaculars Fireworks Display Contract in Conjunction with Palm Desert's 2014 Independence Day Celebration. Rec: By Minute Motion, approve/authorize the following related to Palm Desert's 2014 Independence Day Celebration: 1) Approve Contract No. C33380A with Pyro Spectaculars by Souza in the amount of $36,000 for professional staff, pyrotechnic supplies, and services; 2) approve Contract No. C33380B with Swing Cats Big Band in the amount of $3,650 to provide instrumental and vocal entertainment; 3) City Manager to approve expenditure with Studio Instrument Rentals (SIR), Palm Springs, California, for concert professional staff, instrumental equipment, sound, and/or lighting in conjunction with the concert; 4) preapproval of line item for FY 2014- 2015 Budget for this event; 5) Mayor to sign subject contracts — funds are available in Account No. 110-4416-414-3061. J REQUEST FOR AUTHORIZATION to Release Security for the El Paseo Collection North Project (El Paseo Collection North, Applicant). Rec: By Minute Motion, authorize release of the security for improvements on the El Paseo Collection North Project. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 K. REQUEST FOR AUTHORIZATION to Release Security for The Gardens On El Paseo Project (The Gardens On El Paseo, LLC, Applicant). Rec: By Minute Motion, authorize release of the security for improvements on The Gardens On El Paseo Project. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2014 - 15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO REMOVE CONDITION OF APPROVAL NO. 9, WHICH REQUIRED THE DEVELOPER TO ENTER INTO A HOUSING AGREEMENT WITH THE CITY OF PALM DESERT FOR PRECISE PLAN/CONDITIONAL USE PERMIT NO. 05-22 AND TENTATIVE TRACT NO. 34179, AND AUTHORIZE THE MAYOR TO EXECUTE THE RELEASE OF THE EXISTING HOUSING AGREEMENT BETWEEN THE CITY AND THE DEVELOPER, Case No. PP 14-010 (GID Monterey, LLC, Applicant). Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 2014 - 16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PERMANENT EXEMPTION, AS PROVIDED FOR IN SECTIONS 24.16.055 AND 24.16.110 OF THE PALM DESERT MUNICIPAL CODE, TO ALLOW LIGHT -EMITTING DIODE (L.E.D.) PARKING LOT LIGHT FIXTURES IN PLACE OF HIGH-PRESSURE SODIUM LIGHT FIXTURES AT DESERT CROSSING CENTER ON THE CORNER OF PAINTERS PATH AND HIGHWAY 111, AND AT THE ALBERTSON'S SHOPPING CENTER ON THE CORNER OF DEEP CANYON DRIVE AND HIGHWAY 111. Rec: Waive further reading and adopt. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION OF THE CITY OF PALM DESERT'S PARTICIPATION WITH THE COUNTY OF RIVERSIDE IN A HOME FUNDING CONSORTIUM AND APPROVAL OF THE AGREEMENT RELATING THERETO (CONTRACT NO. C33390). Rec: 1) Action: Waive further reading and adopt Resolution No. 2014 - 17, authorizing the City's participation with County of Riverside in a HOME Consortium and approving the HOME Consortium Agreement, substantially as to form. 2) By Minute Motion, authorize the City Manager and City Attorney to finalize the Agreement, and the Mayor to execute the HOME Consortium Agreement. B. REQUEST FOR AUTHORIZATION FOR CITY MANAGER TO SIGN THE COVER LETTER AND DIRECTOR OF PUBLIC WORKS TO SIGN AND SUBMIT THE APPLICATION FOR MAP 21 CONGESTION MITIGATION AND AIR QUALITY FUNDS (CMAQ) FOR THE CITYWIDE ADVANCED TRANSPORTATION MANAGEMENT SYSTEM PROJECT. Rec: By Minute Motion: 1) Authorize City Manager to sign cover letter for the CMAQ Funding Application; 2) authorize Director of Public Works to sign and submit the CMAQ Funding Application; 3) if awarded funding, commit to a local agency match amount of $92,000 for the Citywide Advanced Transportation Management System (ATMS) Project. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 C. REQUEST FOR AWARD OF CONTRACT TO PAVEMENT COATINGS CO. IN THE AMOUNT OF $1,610,000 FOR THE 2014 SLURRY SEAL PROJECT (CONTRACT NO. C33230. PROJECT NO. 751-14). Rec: By Minute Motion: 1) Award the subject contract for Construction of the 2014 Slurry Seal Project to Pavement Coatings Co., Jurupa Valley, California, in the amount of $1,610,000. 2) Authorize the Mayor to execute said contract — funds are available in Measure "A" Street Maintenance Fund, Account No. 213-4311-433-4001. Action: D. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT TO DESERT AIR CONDITIONING, INC., IN AN AMOUNT NOT TO EXCEED $75,234 FOR THE PARKVIEW OFFICE COMPLEX H.V.A.C. REPLACEMENT PROJECT (CONTRACT NO. C33400, FINANCE RFP NO. 2014-1). Rec: By Minute Motion, authorize award of the subject contract to Desert Air Conditioning, Inc., Palm Springs, California, for the Parkview Office Complex HVAC Replacement Project in an amount not to exceed $75,234 and Mayor to execute same — funds for this project are budgeted in Account No. 510-4195-495-3370. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 E. REQUEST FOR APPROVAL OF AN INCREASE TO PLAN REVIEW / INSPECTION SERVICE CONTRACTS WITH SCOTT FAZEKAS & ASSOCIATES AND WILLDAN ENGINEERING, RESPECTIVELY, AS UTILIZED BY THE DEPARTMENT OF BUILDING & SAFETY - FISCAL YEAR 2013-2014. Rec: By Minute Motion: 1) Authorize an additional $20,000 to Account No. 110-4420-422-3010 related to Professional Architectural Engineering for the contract with Scott Fazekas & Associates, Irvine, California (Plan Review - Contract No. C32950A), amending the prior authorized amount of not to exceed $40,000 to not exceed $80,000 for Plan Review Services for the remainder of FY 2013-2014. 2) Authorize an additional $41 ,000 to Account No. 110-4420-422-3010 related to Professional Architectural/Engineering for the contract with Willdan Engineering, San Bernardino, California (Hourly Contract Inspection Services - Contract No. C33150), for the remainder of FY 2013-2014. 3) Appropriate $61,000 from the Unobligated General Fund Reserves to Account No. 110-4420-422-3010, FY 2013-2014 — cost for Contract Services is recoupable through Plan Check and Building Permit Fees collected for projects. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 XVII. PUBLIC HEARINGS A. 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) (Continued from the meeting of February 27, 2014). 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: B. 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) (Continued from the meeting of February 27, 2014). Rec: 1) Receive testimony and conduct the public hearing on Resolution No. 2014 -14, establishing inspection fees for Food Vending Trucks. Action: 2) Waive further reading and adopt Resolution No. 2014 - 14, establishing inspection fees for Food Vending Trucks. 3) Waive further reading and adopt Ordinance No. 1268, approving changes to Chapter 5.97 of the Palm Desert Municipal Code - Food Vending Vehicles - including such minor modifications as were made prior to second reading of the Ordinance. 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 C. REQUEST FOR APPROVAL OF THE PROPOSED SALE OF A PROPERTY LOCATED AT 43-930 BLUEBERRY LANE (APN 634-061-024), PALM DESERT, PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Rec: 1) Action: That the Housing Authority Board conduct a public hearing and accept testimony on the proposed sale of a property located at 43-930 Blueberry Lane (APN 634-061-024) to qualified households of low or moderate income. 2) Following public testimony, close the public hearing and request that the Authority Board waive further reading and adopt Resolution No. HA - 61, approving the sale of the property pursuant to the attached draft Purchase and Sale Agreement at the calculated resale price of $136,444 for 43-930 Blueberry Lane or the fair market value of the property, whichever is less. By Minute Motion of the City Council: 3) Approve a silent homebuyer assistance loan not to exceed 40% of the sales price for the home to ensure an affordable housing cost for a qualified low- or moderate -income household from any available funding source restricted for such purpose (BEGIN, Housing Mitigation, Agency/Housing Authority Program Income). 4) Authorize payment of the transaction costs from the sale proceeds for the purpose of repairs required for closing and fees customary to real estate transactions in Riverside County, including escrow, title, FHA Fees, inspections, vermin eradication, commissions, and disclosures. 5) Authorize use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, in their substantial form, as attached to the accompanying staff report. 6) Authorize the Authority Chairman and/or the Authority's Executive Director or his designee to finalize and execute the Purchase and Sale Agreement and any ancillary documents necessary to effectuate the sale and actions taken herewith. 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manaaer Meeting Summaries for the Period of February 18-28, 2014. Rec: Receive and file. Action: B. CITY ATTORNEY C. CITY CLERK 1. Announcement of City Council Study Session - Thursday, March 27, 2014, at 2:00 p.m., Administrative Conference Room — Solid Waste Contract Negotiation and Potential Tax Roll Billing. Action: D. PUBLIC SAFETY 1. Fire Department 2. Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Reauests 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 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 2014 March 18, 2014 March 19, 2014 March 25, 2014 March 27, 2014 FUTURE MEETINGS: 6:00 p.m. Planning Commission Civic Center Council Chamber 3:00 p.m. Library Promotion Committee Administrative Conference Room 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 10:00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room 2:00 p.m. Adj. Reg. Marketing Committee Mtg. 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 7th day of March, 2014. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. Rachelle D. Klassen, City Clerk 12