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Home My WebLink AboutAGENDA 13 JANUARY 2011POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 13, 2011 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 Any person wishing to discuss any item of Closed Session business may address the City Council or Redevelopment Agency Board 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 or Redevelopment Agency Board. Because the Brown Act does not allow the City Council or Redevelopment Agency Board to take action on items not on the Agenda, members will not enter into discussion with speakers but will instead refer the matter to staff for report and recommendation at a future City Council or Redevelopment Agency meeting. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - 1.5 Acres between Marrakesh Country Club and Haystack Drive (APN 630-200-019) Negotiating Parties: Agency: John M. Wohlmuth/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Marrakesh Country Club Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex 73720 Fred Waring Drive, Suite 100, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties -The State of California Water Resources Control Board Under Negotiation: x Price x Terms of Payment 3) Property: Northwest Corner of Highway 111 and Monterey Avenue (APN 640-140-019) POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: City of Palm Desert/Palm Desert Redevelopment Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government code Section 54956.9(b). 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 - Councilmember Cindy Finerty VII. INVOCATION - Mayor Pro Tern Robert A. Spiegel VIII. ORAL COMMUNICATIONS — B Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Redevelopment Agency, or Housing Authority Boards at this point by stepping to the lectern and givinq 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, Redevelopment Agency, or Housing Authority Boards Board. Because the Brown Act does not allow the City Council, Redevelopment Agency, or Housing Authority Boards to take action on items not on the Agenda, members will not enter into discussion with speakers but will instead refer the matter to staff for report and recommendation at a future City Council, 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 We 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. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CITY COUNCIL PRESENTATION TO RECOGNIZE FORMER COUNCILMAN AND MAYOR JIM FERGUSON FOR HIS 13 YEARS OF SERVICE ON THE PALM DESERT CITY COUNCIL. FTITAMe , B. PRESENTATION OF PROCLAMATION DECLARING JANUARY 13, 2011, AS "PAT WALSH DAY" 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 Meetings of December 9 and December 23, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 127, 128, 131, 136, 140, 141, 145, and 146. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of November 16, 2010. 2. Parks & Recreation Commission Meeting of November 2, 2010. Rec: Receive and file. D. REQUEST FOR APPROVAL to Provide In -Kind Service to Support the Festival of Opera and Art to Occur on April 10, 2011. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 Rec: By Minute Motion, approve the provision of in -kind services as outlined in the accompanying staff report to support the 2011 Festival of Opera and Art on April 10, 2011. E. REQUEST FOR RATIFICATION of City Manager's Authorization to Enter Into a Memorandum of Understanding (MOU) Agreement with the City of Riverside to Participate in a California Office of Traffic Safety (OTS) -Avoid the 30 DUI Grant Program for Fiscal Year 2010-2011. Rec: By Minute Motion, ratify the City Manager's authorization to enter into the subject Memorandum of Understanding Agreement with the City of Riverside, Riverside, California, to participate in a California Office of Traffic Safety (OTS) - Avoid the 30 DUI Grant Program for Fiscal Year 2010-2011. F. REQUEST FOR ACCEPTANCE of the Office of Traffic Safety (OTS) Next Generation - Click It or Ticket Program for Fiscal Year 2010-2011 (Grant #CT11302). Rec: By Minute Motion, accept the Office of Traffic Safety (OTS) Next Generation Click It or Ticket Program for Fiscal Year 2010-2011 (Grant #CT11302) in the amount of $1,740.48. Funds will be used to conduct at least two seat belt enforcement campaigns throughout the year. The program will run from November 15, 2010, through June 6, 2011. G. REQUEST FOR ACCEPTANCE of the Office of Traffic Safety (OTS) Sobriety Checkpoint Mini -Grant Program for Fiscal Year 2010-2011 (Grant #SC11302). Rec: By Minute Motion, accept the Office of Traffic Safety (OTS) Sobriety Checkpoint Mini -Grant Program for Fiscal Year 2010-2011 (Grant #SC11302) in the amount of $26,640. H. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal of Palm Desert Police Department Miscellaneous Camera Equipment. Rec: By Minute Motion, declare items on the accompanying staff report as surplus property and authorize disposal as appropriate. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 REQUEST FOR AUTHORIZATION to Release Security for Desert Wings, LLC (Desert Wings, LLC, Applicant). Rec: By Minute Motion, authorize release of security for Desert Wings, LLC (Buffalo Wild Wings Restaurant), and waive the one-year maintenance requirement. J. REQUEST FOR APPROVAL to Possess and Consume Alcohol in Connection with an Open House Reception at the New Palm Desert Visitor Center on January 26, 2011. Rec: By Minute Motion, permit the possession and serving of alcohol in connection with the open house reception at the new Palm Desert Visitor Center, 73-470 El Paseo, to be held on January 26, 2011. K. REQUEST FOR EXTENSION of Contract No. C22161 B with D.W. Nicholson, LLC, DBA Desert Building Services to Perform Janitorial Services for the City of Palm Desert at the Henderson Building for One Additional Year. Rec: By Minute Motion, approve extension to subject contract with D.W. Nicholson, LLC, DBA Desert Building Services, Rancho Mirage, California, to perform janitorial services for the City of Palm Desert at the Henderson Building for one additional year in the amount of $11,880, and authorize the Mayor to execute same. Funds are available in Fund 510. L. CONSIDERATION FOR APPROVAL to Contract with Willdan Financial Services to Initiate and Prepare the Re-formation of the Allessandro Alley Private Business Improvement District (PBID) (Contract No. C30480). Rec: By Minute Motion: 1)Authorize the Mayor to enter into an agreement with Willdan Financial Services, Temecula, California, in the amount of $14,750 for re-forming the Alessandro Alley Private Business Improvement District (PBID); 2) appropriate $14,750 to Fund No. 288, Allessandro Alley PBID, which will be reimbursed throughout the life of the PBID. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 M. CONSIDERATION FOR APPROVAL to Contract with Willdan Financial Services to Initiate and Prepare the Re-formation of the Presidents Plaza III Private Business Improvement District (PBID) (Contract No. C30490). Rec: By Minute Motion: 1)Authorize the Mayor to enter into an agreement with Willdan Financial Services, Temecula, California, in the amount of $12,750 for re-forming the Presidents Plaza III Private Business Improvement District (PBID); 2) appropriate $12,750 to Fund No. 282, Presidents Plaza III PBID, which will be reimbursed throughout the life of the PBID. N. REQUEST FOR APPROVAL of Out -of -State Travel for One City Code Compliance Officer to Attend the 2011 International Codes Council Educode Training Conference in Las Vegas, Nevada, January 31 - February 4, 2011. Rec: By Minute Motion, authorize one City Code Compliance Officer to attend the 2011 International Codes Council Educode Training Conference in Las Vegas, Nevada, January 31 - February 4, 2011 - funds are available in Account No. 110-4154-415.31-20, Human Resources and 110-4470-412.31-20, Community Development Department Conference/Seminars/Workshops. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2011 - 1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE APPLICATION PROCESS, REVIEW PROCEDURES, AND REQUIRED CONTRACT PROVISIONS FOR THE IMPLEMENTATION OF THE PALM DESERT MILLS ACT PURSUANT TO PALM DESERT MUNICIPAL CODE CHAPTER 29.70. Rec: Waive further reading and adopt. FTITAMe , C^'. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. CONSIDERATION OF APPROVAL FOR A TEMPORARY WAIVER TO PALM DESERT MUNICIPAL CODE SECTIONS 9.58.040, AND 11.01.080 W FOR THE DESERT RECREATION DISTRICT'S ANNUAL INTERNATIONAL SPORTS FESTIVAL OPENING DINNER CEREMONY TO BE HELD AT THE PALM DESERT COMMUNITY CENTER. Rec: By Minute Motion, grant a temporary waiver to Palm Desert Municipal Code (PDMC) Section 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040 for the Desert Recreation District's Annual International Sports Festival Opening Ceremony to be held at the Palm Desert Community Center on February 4, 2011. B. REQUEST FOR EXTENSION OF CONTRACT NO. C22167 WITH D.W. NICHOLSON, LLC, DBA DESERT BUILDING SERVICES TO PERFORM JANITORIAL SERVICES FOR THE CITY OF PALM DESERT AT THE PARKVIEW OFFICE COMPLEX FOR ONE ADDITIONAL YEAR. Rec: By Minute Motion, approve extension of subject contract with D.W. Nicholson, LLC, DBA Desert Building Services, Rancho Mirage, California, to perform janitorial services for the City of Palm Desert at the Parkview Office Complex for one additional year in the amount of $73,020, and authorize the Mayor to execute same. Funds are available in Fund 510. Action: VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 C. REQUEST FOR AWARD OF CONTRACT FOR THE CIVIC CENTER REROOFING PROJECT (CONTRACT NO. C29890). Rec: By Minute Motion: 1) Reject the bid from the apparent low responsive bidder, Tecta America Southern California, Inc., Santa Ana, California, due to mathematical errors; 2) award the subject contract in an amount of $903,250 to Progressive Roofing, Manteca, California, for the Civic Center Reroofing Project; 3) approve a 10% contingency of $90,325; 4) authorize the Mayor to execute the subject agreement - funds are available for this project in the Building Maintenance/Repair and Maintenance City Hall, Account No. 450-4161-415-4001. D. REQUEST FOR APPROVAL OF THE REIMBURSEMENT AGREEMENT WITH THE CITY OF RANCHO MIRAGE FOR THE MONTEREY AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (PROJECT NO. 555- 10) (CONTRACT NO. C29950C). Rec: By Minute Motion, authorize the Mayor to execute the subject Reimbursement Agreement with the City of Rancho Mirage, Rancho Mirage, California, for the Monterey Avenue Traffic Signal Synchronization Project. FTITAMe , A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 E. REQUEST FOR APPROVAL OF CONTRACT NO. C30500 WITH THE LAWRENCE COMPANY FOR THE CREATION AND REVISION OF NEW AND EXISTING RECYCLE BINNEY PUBLIC SERVICE ANNOUNCEMENTS (PSAs) AND AUTHORIZE ADVERTISEMENT OF PSAs. Rec: By Minute Motion: 1) Approve the subject contract in the amount of $193,260, plus a 10% contingency in the amount of $19,326, with The Lawrence Company, El Segundo, California, and authorize the Mayor to execute same for A) the creation of three (3) new Public Service Announcements (PSAs) (i.e. for Used Oil Recycling, the Bulky Item Pick-up Program, and Universal Waste and Sharps Disposal); B) the revision of the existing Household Hazardous Waste (HHW) PSA to reflect the new At -Home HHW Collection Program; and C) record Spanish translation of each PSA. 2) Authorize LNS, La Quinta, California, to perform media placements of the PSAs (spots on Time Warner, KESQ, KMIR, KPSP, etc) in the amount of $110,000, plus 10% contingency in the amount of $11,000. 3) Approve an appropriation in the amount $333,586 from the Recycle Account No. 236-4195-454-3090 to cover the requested work. F. REQUEST FOR APPROVAL TO PURCHASE IRRIGATION SUPPLIES FOR THE DESERT WILLOW GOLF RESORT (CONTRACT NO. C30510). Rec: By Minute Motion: 1) Approve the purchase of irrigation supplies from High Tech Irrigation Corporation, Indio, California, in an amount not to exceed $141,777.20; 2) waive any bid irregularities - funds are available in Golf Course/Ground Expenses, Account No. 520-4195-495-8031. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 G. REQUEST FOR APPROVAL OF LEASE AGREEMENT BETWEEN THE DESERT WILLOW GOLF RESORT AND GPS INDUSTRIES, LLC, FOR THE PURPOSE OF PROCURING A GOLF CART ONBOARD GLOBAL POSITIONING SYSTEM (GPS) (CONTRACT NO. C30520). Rec: By Minute Motion, approve the Lease Agreement for a golf cart onboard global positioning system for the Desert Willow Golf Resort in the amount of $11,058.61 per month (includes tax and interest) for a term of 48 months with GPS Industries, LLC, Sarasota, Florida - funds are available in the Golf Course Expenses, Account No. 520-4195-495-8091. Action: XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF THE 2011 MASTER LIST OF QUALIFIED PROFESSIONAL SERVICES CONSULTANTS FOR SERVICES VALUED AT LESS THAN $25,000 PER PROJECT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY) (Continued from the Meeting of December 9, 2010). Rec: By Minute Motion: 1) Approve the 2011 Consultant Master List as outlined in the accompanying staff report; 2) authorize staff to negotiate agreements and contract amendments with the Qualified Consultants for up to $25,000 per project, and authorize the City Manager/Executive Director to execute same; 3) approve the proceedings for selection and award of contracts as set forth in the accompanying staff report and as authorized by Palm Desert Municipal Code Section 3.32.090. F-IT4 e , 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 B. REQUEST FOR AWARD OF CONTRACTS FOR THE PORTOLA AVENUE AND FRANK SINATRA DRIVE INTERSECTION IMPROVEMENTS AND APPROVE A WATER LINE RELOCATION AGREEMENT WITH COACHELLA VALLEY WATER DISTRICT (CVWD)(PROJECT NO. 572-08) (Continued from the Meeting of December 9, 2010). Rec: By Minute Motion: 1) Select the warm -mix asphalt alternative; 2) award Contract No. C27950A for Construction of the Improvements at the Intersection in the amount of $3,931,371 to H & H General Contractors, Inc., Highland, California; 3) approve a 10% contingency for the construction contract in the amount of $3937137; 4) award Contract No. C27950D for Geotechnical Services in the amount of $35,210 to Southern California Soil & Testing, Inc., Indio, California; 5) award Contract No. C27950E for Surveying Services in the amount of $25,901 to RBF Consulting, Palm Desert, California; 6) approve a loan in the amount of $102,300 and an Agreement (C27950F) with Coachella Valley Water District (CVWD) for the relocation of water lines and installation of siphons; 7) authorize the Mayor to execute the aforementioned agreements. Funds are available in the following accounts: Measure A, Account No. 213-4548-433- 4001($1,050,714); Drainage Fees, Account No. 232-4548-433- 4001($3,094,005); Capital Project Reserve, Account No. 400-4548- 433-4001($3437200). Action: XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE MEDIA PLACEMENT PLAN FOR THE REMAINDER OF THE 2010/2011 FISCAL YEAR. Rec: By Minute Motion, approve the 2010/2011 Media Placement Plan in an amount not to exceed $151,343 with JNS Advertising, La Quinta, California - funds are available in Advertising Buys, Account No. 110-4417-414-3221. Action: 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF FOURTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN PALM DESERT REDEVELOPMENT AGENCY AND WVC RANCHO MIRAGE, INC. REGARDING MODIFICATION OF MINIMUM PROJECT AMENITY FEES FOR THE WESTIN DESERT WILLOW VILLAS TIMESHARE PROJECT (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Approve the Fourth Amendment with WVC Rancho Mirage, Inc.; 2) authorize the Mayor/Executive Director to execute the Fourth Amendment. F-IT4 e , B. REQUEST FOR APPROVAL OF CHANGE OF ZONE FROM SERVICE INDUSTRIAL (S.I.) TO PLANNED RESIDENTIAL 5 UNITS PER ACRES (PR-5) AND A TENTATIVE TRACT MAP TO CREATE 15 NEW RESIDENTIAL LOTS ON THE NORTH SIDE OF PICASSO DRIVE WITHIN THE GALLERY RESIDENTIAL DEVELOPMENT, LOCATED ON THE NORTHWEST CORNER OF GERALD FORD DRIVE AND PORTOLA AVENUE, Case Nos: C/Z 10-276 and TT 36335 (Ponderosa Homes II, Inc./MSA Consulting, Inc. Applicants). Rec: Waive further reading and: 1) Pass Ordinance No. 1219 to second reading, approving a Change of Zone from Service Industrial (S.I.) to Planned Residential 5/acre (PR-5). 2) Adopt Resolution No. 2011- 2, Tentative Tract Map 36335, subject to conditions. C. REQUEST TO ACCEPT CAL COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING (SLESF) FOR 2010/2011. Rec: By Minute Motion, accept the Cal COPS Supplemental Law Enforcement Services Funding (SLESF) grant award of $100,000 to cover the cost for the 2010 Holiday Theft Suppression Program and the acquisition of necessary equipment, services, and supplies to support front line law enforcement services. Action: 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action- 0 City Council Consideration of Travel Requests and Reports: o City Council Committee Reports: o City Council Comments- 0 Suggested Items for Future City Council Meeting Agendas 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2011 XIX. ADJOURNMENT FUTURE MEETINGS January 18, 2011 2.00 p.m. Marketing Committee Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber January 19, 2011 9.00 a.m. Art In Public Places Commission Community Services Conference Room 11.30 a.m. Landscape Beautification Committee Administrative Conference Room 3.00 p.m. Library Promotion Committee Administrative Conference Room January 20, 2011 3.00 p.m. Adj. Citizens' Adv. Cmte.-Prof Area #4 Administrative Conference Room January 25, 2011 10.00 a.m. Audit, Investment & Finance Cmte. 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 January 27, 2011 3.00 p.m. Regular City Council/RDA Meetings 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 7t" day of January, 2011. Rachelle D. Klassen, City Clerk 14