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HomeMy WebLinkAboutAGENDA 23 OCT 2014POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 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 or Successor Agency to the Palm Desert Redevelopment Agency Board 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 or Successor Agency Board. Because the Brown Act does not allow the City Council or Successor Agency Board 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 or Successor Agency 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 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 Cory Hutchinson VII. INVOCATION - Councilmember Jan C. Harnik POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2014 VIII. ORAL COMMUNICATIONS - B Any person wishing to discuss any item not scheduled for public hearing may address the City Council or Successor Agency to the Palm Desert Redevelopment Agency Board 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 or Successor Agency to the Palm Desert Redevelopment Agency Board. Because the Brown Act does not allow the City Council or Successor Agency to the Palm Desert Redevelopment Agency Board 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 or Successor Agency to the Palm Desert Redevelopment Agency 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 2014 "MINI -MUSTER" FIRE SAFETY PROGRAM RECOGNITION AND ARTWORK AWARD CERTIFICATES. Action: B. PRESENTATION OF UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER CORY HUTCHINSON. 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 October 9, 2014. Rec: Approve as presented. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2014 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 89, 94, 95, and 96. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by JT's Diner, 37011 Cook Street, Suites 101 & 102, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Walmart Store #5096, 34500 Monterey Avenue, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Citizens' Sustainability Committee Meeting of May 12, 2014. 2. Public Safety Commission Meeting of May 14, 2014. 3. Youth Committee Meeting of September 8, 2014. Rec: Receive and file. F LETTER OF RESIGNATION from Eric Corey Freed — Citizens' Sustainability Committee. Rec: Receive with very sincere regret. G. LETTER OF RESIGNATION from Luke Taylor — Citizens' Sustainability Committee. Rec: Receive with very sincere regret. H. RESOLUTION NO. 2014 - 85 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Existing Short-term Rental Applications from the Department of Community Development that Have Been Digitally Imaged — Dated 2011. Rec: Waive further reading and adopt. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2014 I. RESOLUTION NO. 2014 - 86 - 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 1988, 1989, and 1998. Rec: Waive further reading and adopt. J. REQUEST FOR APPROVAL of One-year Lease Agreements with Incight and Christopher's Clubhouse to Share Office Space No. 4 at the Portola Community Center, 45480 Portola Avenue (Contract Nos. C33930A and C33930B). By Minute Motion, authorize the Mayor to enter into one-year Lease Agreements with Incight and Christopher's Clubhouse to share Office Space No. 4 at the Portola Community Center. K. REQUEST FOR AUTHORIZATION to Reduce the Amount of Security Held for Tract No. 34391 (KB Home, Southern California, Applicant). Rec: By Minute Motion, authorize reduction of the security for Tract No. 34391 to 10% of the amount of the Faithful Performance Bond to be held for a one-year period. L. CONSIDERATION of a Request for Exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for a Reception to be Held by the RAP (Regional Access Project) Foundation, Riverside County Office, and The United Way on November 13, 2014, at the Parkview Professional Office Complex. Rec: By Minute Motion, approve an exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for a reception being jointly held by the RAP Foundation, Riverside County Office, and The United Way on November 13, 2014, at the Parkview Professional Office Complex. Action: XI. CONSENT ITEMS HELD OVER 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2014 XII. RESOLUTIONS A. RESOLUTION NO. 2014 - 87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING PARCEL MAP NO. 36741 (The Reserve Club, Applicant). Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 2014 - 88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE OBTAINING OF CRIMINAL HISTORY INFORMATION FOR THE PURPOSE OF EMPLOYMENT, LICENSING, AND CERTIFICATION. Rec: Waive further reading and adopt. Action: C. RESOLUTION NO. 2014 - 89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE BYLAWS FOR THE HOTEL AND SIGNATURE EVENTS COMMITTEE. Rec: Waive further reading and adopt. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2014 XIII. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 1276 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 3.30.020 OF THE PALM DESERT MUNICIPAL CODE TO REQUIRE COMPLIANCE WITH THE STATE PREVAILING WAGE REQUIREMENTS ON CITY PUBLIC WORKS PROJECTS. Rec: Waive further reading and pass to second reading. Action: B. For Adoption: 1. ORDINANCE NO. 1275 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION NOS. 1.16.010, 1.16.020, AND 1.16.030 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO USE OF THE OFFICIAL CITY SEAL. Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO DESERT AIR CONDITIONING, INC., IN AN AMOUNT NOT TO EXCEED $46,642 FOR PARKVIEW OFFICE COMPLEX H.V.A.C. REPLACEMENT PROJECT II (CONTRACT NO. C33940, FINANCE RFP NO. 2014-4). 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 II in an amount not to exceed $46,642 — funds are budgeted in Account No. 510-4195-495-3370. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2014 B. REQUEST FOR AUTHORIZATION TO EXECUTE A DEPOSIT AGREEMENT FUNDED BY EL PASEO HOTEL, LLC, TO DEPOSIT EARNEST MONEY IN ESCROW FOR PURCHASE OF PROPERTY AT THE NORTHEAST CORNER OF SHADOW MOUNTAIN DRIVE AND LARKSPUR LANE, PALM DESERT (APNs 627-262-008 and 627-262-011) (CONTRACT NO. C33950). Rec: By Minute Motion: 1) Approve the Deposit Agreement funded by El Paseo Hotel, LLC, to deposit earnest money into escrow for the purchase of property located at the northeast corner of Shadow Mountain Drive and Larkspur Lane, Palm Desert, and authorize the City Attorney to make non -substantive changes; 2) authorize the City Manager to execute said Agreement — no impact to the General Fund. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO VALLEY PIPELINE SERVICES IN THE AMOUNT OF $64,300.08 FOR CONSTRUCTION OF THE FREEDOM PARK WELL SITE PROJECT (CONTRACT NO. C23210H, PROJECT NO. 713-13). Rec: By Minute Motion: 1) Waive bid irregularity; 2) award the subject contract for Construction of the Freedom Park Well Site Project to Valley Pipeline Services, Palm Desert, California, in the amount of $64,300.08; 3) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $6,430.01; 4) appropriate $25,000 from Unobligated Park and Recreation Facilities Fund to the Project Account, No. 233-4618-464-4001; 5) authorize the Mayor to execute said contract. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2014 B. CONSIDERATION OF THE SELECTION OF ONE ARTIST TEAM TO CREATE PUBLIC ARTWORK FOR THE CARLOS ORTEGA VILLAS AND AWARD OF CONTRACT IN THE AMOUNT OF $30,000 TO THE SELECTED ARTIST TEAM (CONTRACT NO. C33500). Rec: By Minute Motion: 1) Select a proposal for the public art component for the Carlos Ortega Villas; 2) authorize the Mayor to execute an Agreement for Commission of Public Artwork in the amount of $30,000 for this purpose — funds will be disbursed from Account No. 436-4650-454-4001. Action: XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manaaer Meetina Summaries for the Period of September 29 - October 10, 2014. Rec: Receive and file. Action: B. CITY ATTORNEY C. CITY CLERK 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2014 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 Agendas: XIX. ADJOURNMENT 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 23, 2014 FUTURE MEETINGS: October 28, 2014 10:00 a.m. Audit, Investment & Finance Committee North Wino Conference Room 10:00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room November 3, 2014 1:30 p.m. Oversight Board Administrative Conference Room 6:00 p.m. Youth Committee Administrative Conference Room November 4, 2014 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber November 12, 2014 9:00 a.m. Art In Public Places Commission Community Services Conference Room 12:00 p.m. Architectural Review Commission -Adjourned from Nov. 11-Veterans Day - Community Services Conference Room 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room November 13, 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 17th day of October, 2014. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. Rachelle D. Klassen, City Clerk 10