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Home My WebLink AboutAGENDA 24 APR 2014POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 24, 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 Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 44215 San Pascual (APN 627-102-017), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/ City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 2) Property: 73697 Santa Rosa Way (APN 627-102-019), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/ City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 3) Property: 42148 Verdin Lane (APN 624-440-003), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Justin E. and Patricia Mansker Under Negotiation: x Price x Terms of Payment 4) Property: 42065 Hovley Gardens Drive (APN 624-430-005), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Commercial Pacific Holding, Inc. Under Negotiation: x Price x Terms of Payment 5) Property: 75475 Orange Blossom Lane (APN 634-061-030), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Jack Garner, c/o Estate of Jack Garner Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) City of Palm Desert v. Shah, Riverside County Superior Court, Case No. INC 1301195 2) People v. Shah, Riverside County Superior Court, Case No. INM 1301466 C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 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 - Palm Desert Youth Committee Member Michelle Dan 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 JANET HANSON FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS EL PASEO BUSINESS IMPROVEMENT DISTRICT BOARD, 2005 - 2014. Action: B. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF MAY 2014 AS "MENTAL HEALTH MONTH" IN THE CITY OF PALM DESERT. Action: 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 C. PRESENTATION OF UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY COMMITTEE MEMBER MICHELLE DAN. Action: D. PRESENTATION OF INFORMATIONAL REPORT TO CITY COUNCIL BY COACHELLA VALLEY MOSQUITO & VECTOR CONTROL DISTRICT ENVIRONMENTAL BIOLOGIST JENNIFER HENKE, REGARDING THE DISTRICT'S EFFORTS TO REDUCE AND ELIMINATE MOSQUITOES. 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 April 10, 2014. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 202, 203, 206, 207, 208, and 212. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of March 25, 2014. 2. Parks & Recreation Commission Meeting of February 4, 2014. 3. Public Safety Commission Meeting of February 12, 2014. 4. Youth Committee Meeting of March 3, 2014. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Stoli Group, U.S.A., LLC, 72948 Willow Street, Palm Desert. Rec: Receive and file. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 E. RESOLUTION NO. 2014 - 29 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Temporary Use Permits from the Department of Community Development that Have Been Digitally Imaged, Dated 2000 - 2003. Rec: Waive further reading and adopt. F REQUEST FOR APPROVAL of the Streamlined Use of Vendors for the Special Programs Department in Fiscal Year 2014-2015 by Granting an Exception to the Bidding Requirements in Palm Desert Municipal Code Section 3.32.090. Rec: By Minute Motion: 1) Grant an exception to the bidding requirements as provided for by Section 3.32.090 of the Palm Desert Municipal Code for FY 2014-2015 for the Special Programs Department; 2) approve the Special Programs Department's Preferred Vendor List for this purpose. G. REQUEST FOR EXTENSION of Contract with White Nelson Diehl Evans, LLP, to Perform Auditing Services for the City and its Related Entities for One Additional Year (Contract No. C27545). Rec: By Minute Motion, authorize extension of the subject contract with White Nelson Diehl Evans, LLP, Irvine, California, for one additional year, Fiscal Year Ending June 30, 2015. H. REQUEST FOR AUTHORIZATION for Director of Public Works to Submit Grant Applications for COLMAC Funds. Rec: By Minute Motion, authorize the Director of Public Works to submit Grant Applications for COLMAC (Colmac Energy, Inc., Litigation Settlement) Funds in response to a call for projects by the County of Riverside. Action: XI. CONSENT ITEMS HELD OVER 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1267A-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO MODIFY SECTION 25.40.050 - ACCESSORY STRUCTURES - TO REFINE PLACEMENT 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 adopt. Action: 2. ORDINANCE NO. 1271 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.12 OF THE PALM DESERT MUNICIPAL CODE, RELATING TO SINGLE -USE CARRYOUT PLASTIC BAGS AND PROHIBITING THE FREE DISTRIBUTION OF RECYCLED PAPER BAGS BY RETAIL ESTABLISHMENTS (City of Palm Desert, Applicant). Rec: Waive further reading and adopt. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 6 TO MARIPOSA LANDSCAPES, INC., FOR A 24-MONTH TERM IN THE AMOUNT OF $145,224, PLUS AN AMOUNT NOT TO EXCEED 20% OF THE CONTRACT AMOUNT ($29,044.80) FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C33300, PROJECT NO. 906-14). Rec: By Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 6 (LMA No. 6) to Mariposa Landscapes, Inc., Bermuda Dunes, California, for a 24-month term in the amount of $145,244 ($72,612/year); 2) include extra repair work and services in an amount not to exceed 20% of the 24-month contract amount ($29,044.80); 3) authorize the Mayor to execute said contract — funds are available in Desert Willow Account Nos. 441-4195-495-3320 (Maintenance) and 441-4195-495-3321 (Extras). Action: B. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 9 TO MARIPOSA LANDSCAPES, INC., FOR A 24-MONTH TERM IN THE AMOUNT OF $360,984, PLUS AN AMOUNT NOT TO EXCEED 20% OF THE CONTRACT AMOUNT ($72,196.80) FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C33310, PROJECT NO. 909-14). Rec: By Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 9 (LMA No. 9) to Mariposa Landscapes, Inc., Bermuda Dunes, California, for a 24-month term in the amount of $360,984 ($180,492/year); 2) include extra repair work and services in an amount not to exceed 20% of the 24-month contract amount ($72,196.80); 3) authorize the Mayor to execute said contract — funds are available in the Landscape Repairs/Maintenance Account, No. 110-4614-453-3370. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 17 TO EXCEL LANDSCAPE, INC., FOR A 24-MONTH TERM IN THE AMOUNT OF $453,840, PLUS AN AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT ($90,768) FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C33410, PROJECT NO. 917-14). Rec: By Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 17 (LMA No. 17) to Excel Landscape, Inc., Corona, California, for a 24-month term in the amount of $453,840; 2) include extra repair work and services in an amount not to exceed 20% of the 24-month contract amount ($90,768); 3) authorize the Mayor to execute said contract — funds are available in Account Nos. 110-4610-453-3320 - R/M Landscape Services, 1 10-461 1-453-3320 - R/M Landscape Services, and 110-4610-453-3371 - Tri-Cities Sports Facility. Action: D. REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ), SEEKING AN ARTIST OR ARTIST TEAM TO CREATE ARTWORK FOR EITHER THE WEST- OR NORTH -FACING EXTERIOR WALL OF THE COMMUNITY BUILDING AT CARLOS ORTEGA VILLAS; AND APPROVAL OF THREE (3) $1,000 HONORARIA TO FINALISTS TO CREATE PROPOSALS FOR THE ARTWORK (CONTRACT NO. C33500). Rec: By Minute Motion: 1) Authorize staff to issue an RFQ, seeking an artist or artist team to create artwork for either the west- or north -facing wall of the Community Building at Carlos Ortega Villas; 2) approve honoraria in the amount of $1,000 each, for a total up to $3,000, for up to three (3) finalists to create a design proposal for the artwork — funds will be disbursed in FY 2014-2015 from Account No. 436-4650-454-4001. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 E. REQUEST FOR APPROVAL OF 18 SCULPTURES AND THREE (3) ALTERNATES SELECTED FOR THE 2015/2016 EL PASEO EXHIBITION; AND APPROVE HONORARIA OF $2,576 FOR EACH OF THE PARTICIPATING ARTISTS (CONTRACT NOS. C33510A - R). Rec: By Minute Motion: 1) Approve the 18 sculptures and 3 alternates selected for the 2015/2016 El Paseo Exhibition; 2) approve honoraria of $2,576 for each of the participating artists — funds will be available in Account No. 436-4650-454-4002 in FY 2014-2015. Action: F REQUEST FOR APPROVAL OF A BOND PROCEEDS FUNDING AGREEMENT IN AN AMOUNT NOT TO EXCEED 25% OF THE TOTAL PROJECT COSTS FOR THE PORTOLA AVENUE / INTERSTATE 10 INTERCHANGE PROJECT BY THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS, SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, AND CITY OF PALM DESERT (CONTRACT NO. C33520 (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Action: Waive further reading and adopt Resolution Nos. 2014 - 30 and SA -RDA 028, approving the execution and delivery of a Bond Proceeds Funding Agreement in an amount not to exceed 25% of the total project costs for the Portola Avenue/ 1-10 Interchange Project by and among the Coachella Valley Association of Governments (CVAG), Successor Agency to the Palm Desert Redevelopment Agency, and City of Palm Desert, and taking certain related actions therewith. 2) By Minute Motion, authorize the Mayor and Chairman, upon finalization of the agreement by the City Manager and approval by both CVAG and the Oversight Board of the Successor Agency, to execute the Bond Proceeds Funding Agreement regarding Portola Avenue/I-10 Interchange Project. 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 XV. CONTINUED BUSINESS A. APPOINTMENT OF MEMBERS TO THE CITY'S HOTEL AND SIGNATURE EVENTS COMMITTEE (Continued from the meeting of March 27, 2014). Rec: 1) Waive further reading and adopt Resolution No. 2014 - 31, rescinding Resolution No. 2013-63 and establishing an advisory committee known as the Hotel and Signature Events Committee. 2) By Minute Motion, appoint the following seven (7) Members to the Hotel and Signature Events Committee, with staggered terms of two, three, and four years to be determined at the Committee's organizational meeting: -Councilmember Jan Harnik - Councilman Robert Spiegel -Councilmember Jean Benson (Alternate) -Ralph Scatena, General Manager, J. W. Marriott Desert Springs Resort and Spa -Jeff Kokinacis, Sales Director, Embassy Suites Hotel - Arnold Kirschenbaum, General Manager, The Inn at Deep Canyon - Marilyn L. Dyer, Marketing Manager, Club Intrawest -Scott White, President & CEO, Greater Palm Springs Convention & Visitors Bureau Action: XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO RAIMI + ASSOCIATES IN THE AMOUNT OF $799,703 TO PREPARE AN UPDATE OF THE CITY OF PALM DESERT COMPREHENSIVE GENERAL PLAN; AND APPROPRIATE $800,000 FROM UNOBLIGATED FUND 400 FOR SAID PURPOSE (CONTRACT NO. C33240). Rec: By Minute Motion: 1) Award subject contract in the amount of $799,703 to Raimi + Associates, Riverside, California, for update of the City of Palm Desert Comprehensive General Plan and preparation of the associated Environmental Impact Report, subject to final review and approval of the City Attorney; 2) authorize the Mayor to execute said contract; 3) appropriate $800,000 from Unobligated Fund 400 for this purpose. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 2014 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF LOCAL HISTORIC LANDMARK DESIGNATION FOR THE PROPERTY AT 74-135 LARREA STREET (APN 625-132-022) - THE RANDALL HENDERSON HOUSE - IN ACCORDANCE WITH PALM DESERT MUNICIPAL CODE SECTION 29.40.010, Case No. CRPC 14-01 (Karen L. McCune, Applicant). Rec: Waive further reading and adopt Resolution No. 2014 - 32, reaffirming the action of the Cultural Resources Preservation Committee and bestowing Landmark Designation on 74-135 Larrea Street, Assessor's Parcel No. 625-132-022, in accordance with Section 29.40.010 of the Palm Desert Municipal Code. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting_ Summaries for the Period of March 31 - April 11, 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 APRIL 24, 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. Suggested Items for Future City Council Meeting Agendas: XIX. ADJOURNMENT FUTURE MEETINGS: April 29, 2014 10:00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room May 5, 2014 1:30 p.m. Oversight Board Administrative Conference Room 6:00 p.m. Youth Committee Administrative Conference Room May 6, 2014 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber May8, 2014 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 18th day of April, 2014. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. Rachelle D. Klassen, City Clerk 12