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Home My WebLink AboutAGENDA 09 JUNE 2011POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 09, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 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: 47445 South Cliff Road (APN 628-120-012), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert Property Owner: Kathleen Rust/Hayward Pardue 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 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Parties: John M. Wohlmuth/City of Palm Desert POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 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 - Mayor Jean M. Benson VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS — B Any person wishing to discuss any item not scheduled for public hearing may address the City Council or Redevelopment Agency 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. 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., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346- 0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE THE PALM DESERT HIGH SCHOOL TENNIS AND BASEBALL TEAMS FOR THEIR OUTSTANDING ACCOMPLISHMENTS IN THE 2011 SEASON. B. CONSIDERATION OF THE CITY COUNCIL LIAISON ALTERNATE APPOINTMENTS TO THE CITY AND OUTSIDE COMMITTEES. Rec: Discussion of choices and resulting action to appoint to occur at the meeting. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 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 May 26, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 242, 243, and 247. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Costa Italia Ristorante, 73-111 El Paseo, Palm Desert. Rec: Receive and file D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Richie's Real American Diner, 72-840 Highway 111, Suite 398, Palm Desert. Rec: Receive and file E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Hood, 74-360 Highway 111, Palm Desert. Rec: Receive and file F. REQUEST FOR APPROVAL of the Use of Desert NAPA Auto Parts Company to Supply Aftermarket Automotive Parts, Tools, Equipment, and Services for Fleet Maintenance - Fiscal year 2011-2012 in an Amount Not to Exceed $40,000. Rec: By Minute Motion, approve the use of Desert NAPA Auto Parts Company, Palm Desert, California, to supply aftermarket automotive parts, tools, equipment, and services for fleet maintenance in FY 2011-2012 in an amount not to exceed $40,000 - funds are budgeted in General Fund Account No. 110-4331-413- 3340. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 G. REQUEST FOR APPROVAL of Vendors for Equipment Rental Services for Fiscal Year 2011-2012. Rec: By Minute Motion, approve use of the following equipment rental companies to provide equipment rental services to the City for FY 2011-2012; Elms Equipment Rental, Inc., Indio, California; Clairemont Equipment Rental, Indio, California; Hertz Rental, Indio, California; Johnson Rental Service, Indio, California; and United Rentals, Cathedral City, California. H. REQUEST FOR APPROVAL of Amendment No. 2 to Contract No. C29211 with Furino Greene Creative Inc. - Advertising Services for the El Paseo Business Improvement District. Rec: By Minute Motion: 1) Approve Amendment No.2 in the amount of $22,000 to the subject contract with Furino Greene Creative, Inc., Palm Desert, California, for additional advertising expenditures for the El Paseo Business Improvement District; 2) appropriate an additional $22,000 to Fund 271-4491-464-3215 - El Paseo Assessment District Other Advertising. REQUEST FOR EXTENSION of Contract No. C29910 with Coachella Valley Printing Group for Printing of the Bimonthly BrightSide Newsletter in Fiscal Year 2011-2012. Rec: By Minute Motion: 1) Approve a one-year extension of the subject contract with Coachella Valley Printing Group for bimonthly printing of the BrightSide Newsletter in the amount of $35,425 in FY 2011- 2012, as provided for in the contract; 2) authorize the Mayor to execute said contract - funds are included in the Proposed Financial Plan for 2011-2012 in Account No. 110-4417-414-3026. J. REQUEST FOR APPROVAL of Postage Expenditure for the BrightSide Newsletter - Fiscal Year 2011-2012. Rec: By Minute Motion, approve the expenditure of $33,600 for the United States Postal Service to cover six months' postage for the bimonthly BrightSide Newsletter -funds have been included in the proposed Financial Plan for FY 2011-2012 in Account No. 110- 4417-414-3026. In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C23210G - Freedom Park Well Site Wall (Project No. 713-10) (John Barajas Masonry, Inc., Bermuda Dunes, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. L. REQUEST FOR EXEMPTIONS to Palm Desert Municipal Code Sections 9.58.010 and 9.58.020 in Connection with Receptions for Art Exhibitions to be Held in the Palm Desert Community Gallery Between August 2011 and June 2012. Rec: By Minute Motion, approve exemptions from Palm Desert Municipal Code Sections 9.58.010 and 9.58.020 in connection with the Opening Receptions for Art Exhibitions to be held in the Palm Desert Community Gallery between August 2011 and June 2012 - tentative dates for the Receptions are: August 8, 2011 (Arnold Familian, Leila Namvar, and Meridy Volz), October 17, 2011 (Jeni Bate, Lynne Cunningham, and Gary Mergelkamp), December 19, 2011 (Michael Magic, Asuko Hewett, and Gerard Athalakian), and April 30, 2012 (Maria Hunt). M. REQUEST FOR APPROVAL of Out -of -State Travel for the Fire Department's Paramedic Coordinator to Travel to Houston, Texas, for the Purpose of Inspecting and Delivering Palm Desert's New Clean Diesel Medic Unit. Rec: By Minute Motion: 1) Authorize the subject Out -of -State Travel for the Fire Department's Paramedic Coordinator, or alternate, to travel to Houston, Texas, for the purpose of inspecting and delivering Palm Desert's new Clean Diesel Medic Unit; 2) appropriate an additional $525 from the Capital Replacement Fund to cover delivery -related travel costs concerning Palm Desert's new Clean Diesel Fuel Ambulance. Action: XI. CONSENT ITEMS HELD OVER 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 XII. RESOLUTIONS A. RESOLUTION NO. 2011- 45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2010-2011 BUDGET TO PROVIDE TRANSFER, APPROPRIATION, AND ESTIMATED REVENUES OF UNOBLIGATED FUNDS FROM THE UNOBLIGATED GENERAL FUND RESERVES TO FLEET / EQUIPMENT REPLACEMENT, RETIREE HEALTH, BUILDING MAINTENANCE / CAPITAL REPLACEMENT, GOLF COURSE CAPITAL IMPROVEMENTS, PARKS & AQUATIC CENTER CAPITAL IMPROVEMENTS, COMMUNITY CONTINGENCY RESERVE (WITHIN GENERAL FUND), AND LAND ACQUISITION FUNDS. Rec: Waive further reading and adopt. F-ITAme , B. RESOLUTION NO. 2011- 46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE BYLAWS OF THE PALM DESERT CITIZENS' SUSTAINABILITY COMMITTEE. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: None POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 NEW BUSINESS A. CONSIDERATION OF REQUEST BY BURRTEC WASTE AND RECYCLING FOR APPROVAL OF THE ANNUAL PRODUCER PRICE INDEX (PPI) AND COUNTY OF RIVERSIDE GATE/DISPOSAL FEE INCREASES. Rec: 1) By Minute Motion, approve the proposed 4.07% PPI Rate Increase and 0.31% Gate/Disposal Fee Increase from $39.04 to $39.16 per ton. 2) Waive further reading and adopt Resolution No. 2011-47, approving the new adjusted Rate Schedule of Fees (Exhibit 3 for Residential, Commercial, and Roll -off) for the Collection, Recycling, and Commercial, and Roll -off) for the Collection, Recycling, and Disposal of Municipal Solid Waste and Residential/Commercial Recycling contained in Contract No. C27410 - Solid Waste Management Services. F-IT4 e , B. REQUEST FOR APPROVAL OF THE PALM DESERT CENTURY BIKE RIDE ON SATURDAY, NOVEMBER 12, 2011, INCLUDING ROAD CLOSURE ON UNIVERSITY DRIVE FROM COLLEGE DRIVE EAST TO WEST, AND WAIVER OF PALM DESERT MUNICIPAL CODE SECTION 11.01.140 - AMPLIFIED SOUND, AND SECTION 11.01.080 - PROHIBITED CONDUCT GENERALLY IN CITY PARKS, ITEM Q - VENDOR SALES. Rec: By Minute Motion, approve: 1) Palm Desert Century Bike Ride on Saturday, November 12, 2011; 2) road closure for the event at University Drive from College Drive East to West; 3) waiver of Palm Desert Municipal Code Section 11.01.140 - Amplified Sound; 4) waiver of Palm Desert Municipal Code Section 11.01.186 - Prohibited Conduct Generally in City Parks, Item Q - Vendor Sales. C. REQUEST FOR APPROVAL OF $60,000 IN FACADE ENHANCEMENT PROGRAM CONSIDERATION FUNDS TO PIERO PIERATTONI FOR PIERO'S PIZZAVINO LOCATED AT 73-722 EL PASEO (Piero Pierattoni, Applicant). Rec: By Minute Motion, approve $60,000 in Facade Enhancement Program consideration funds to Piero Pierattoni for Piero's PizzaVino located at 73-722 El Paseo - funds are available in Account No. 400-4800-454-3875. Action: VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 D. REQUEST FOR APPROVAL OF ACTIONS RELATING TO FUNDS WITHIN THE ENERGY INDEPENDENCE LOAN AND AQUATIC CENTER FUND; AND TRANSFERRING ALL FUNDS FROM 241 GOLF COURSE MAINTENANCE TO FUND 441 - GOLF COURSE CAPITAL; AND TRANSFERRING FUNDS FROM FUND 239 - CITYWIDE BUSINESS LICENSE FUND TO FUND 110- GENERAL FUND; AND ASSIGNING THE USE OF IDENTIFIED FUNDS FOR CAPITAL, MAINTENANCE, AND OPERATION -RELATED EXPENDITURES. Rec: 1) Waive further reading and adopt Resolution No. 2011-48, committing the funds within the Energy Independence Loan and Aquatic Center Fund, and transferring all funds from Fund 241- Golf Course Maintenance to Fund 441 - Golf Course Capital, and transferring all funds from Fund 239 - Citywide Business License Fund to Fund 110 - General Fund as of June 30, 2011. Action: 2) By Minute Motion, assign use of the following funds for Capital, Maintenance, and Operational -related Expenditures; a) Golf Course Maintenance Fund 441: Assign for capital improvements, equipment purchasing, perimeter maintenance, operational cost of Desert Willow, and transfer to the General Fund. b) Capital Project Reserve Fund 400: Assign for Capital Improvements, Equipment Purchasing, and Operational Cost of the City. c) Drainage Facilities Fund 420: Assign for Drainage Capital Improvements and Maintenance. d) Parks and Recreation Facilities Fund 430: Assign for Parks Capital Improvements and Maintenance. e) Signalization fund 440: Assign for Traffic Signals and Capital Improvements and Maintenance. f) Buildings Fund 450: Assign for the Capital Improvements and Maintenance of City -owned Buildings. g) Library Fund 452: Assign for the Capital Purchases and Operations of the Multi -Agency Library. A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 E. REQUEST FOR APPROVAL OF THE USE OF SPECIFIC AUTOMOTIVE FACILITIES FOR SUPPLEMENTAL GENERAL FLEET REPAIRS FOR FISCAL YEAR 2011-2012 IN AN AMOUNT NOT TO EXCEED $100,000 FROM OZZIE'S AUTOMOTIVE INC. AND HILLTOP AUTOMOTIVE. Rec: By Minute Motion, approve the use of Ozzie's Automotive Inc., Palm Desert, California, and Hilltop Automotive, Palm Desert, California, for general fleet repair services for FY 2011-2012 in an amount not to exceed $100,000 - funds for General Fleet Repair Services are budgeted in General Fund Account No. 110-4331- 413-3340. F. CONSIDERATION OF RECOMMENDATION TO APPROPRIATE FUNDS FROM TH CITIZENS COURSES UNOBLIGATED GENERAL FUND TO CONDUCT TWO EMERGENCY RESPONSE TEAM (CERT) TRAINING IN COORDINATION WITH THE PUBLIC SAFETY ACADEMY AT COLLEGE OF THE DESERT AND TO PURCHASE TRAINING EQUIPMENT. Rec: By Minute Motion, appropriate funds in the amount of $32,300 from the Unobligated FY 2011-2012 General Fund to conduct two (2) CERT Courses at the Public Safety Academy at College of the Desert and purchase the equipment necessary to conduct the courses. G. REQUEST FOR AWARD OF CONTRACT TO TRI-STAR CONTRACTING II, INC., IN THE AMOUNT OF $996,972.70 FOR CONSTRUCTION OF MISCELLANEOUS DRAINAGE IMPROVEMENTS AT SEVERAL CITY LOCATIONS (CONTRACT NO. C26670A, PROJECT NO. 520-05). Rec: By Minute Motion: 1) Waive irregularity in the bid; 2) award subject contract in the amount of $996,972.70 to Tri-Star Contracting II, Inc., Desert Hot Springs, California, for Construction of the Miscellaneous Drainage Project; 3) set aside a 10% contingency for the project in the amount of $99,697.27; 4) authorize the Mayor to execute said contract; 5) authorize the City Manager to execute a Reimbursement Agreement with the Utility Companies with facilities in the street funds are available in Account No. 420-4370-433-4001 - Capital Project Drainage Facilities - no General Fund money is being used for this expenditure. FTITAMe , POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 H. REQUEST FOR AWARD OF CONTRACT TO MATCH CORPORATION IN THE AMOUNT OF $596,960 FOR CONSTRUCTION OF THE COOK STREET COLD -IN -PLACE RECYCLING (CIPR) PROJECT (CONTRACT NO. C30860), PROJECT NO. 752-11). Rec: By Minute Motion: 1) Select the warm -mix asphalt alternative; 2) award subject contract in the amount of $596,960 to Matich Corporation, San Bernardino, California, for Construction of the Cook Street CIPR Project; 3) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $59,696; 4) appropriate $656,656 from Unobligated Fund 211 to Account No. 211-4311-433-3320 - Gas Tax Street Maintenance; 5) authorize City Manager to execute a Reimbursement Agreement with the Utility Companies with facilities in the street; 6) authorize the Mayor to execute the subject contract - no General Funds will be used for this project. Action: REQUEST FOR APPROVAL OF BUILDING & SAFETY DEPARTMENT FISCAL YEAR 2011-2012 PLAN REVIEW / INSPECTION SERVICES CONTRACTS WITH SCOTT FAZEKAS & ASSOCIATES, WILLDAN ENGINEERING, AND JAS PACIFIC. Rec: By Minute Motion, award subject Professional Services contracts for Building Plan Review and Inspection Services - FY 2011-2012 with a commencement date of July 1, 2011, and ending date of June 30, 2012, and in a cumulative amount not to exceed $30,000 with; 1) Scott Fazekas & Associates, Irvine, California (Contract No. C30940A); 2) Willdan Engineering, San Bernardino, California (Contract No. C30940B, 3) JAS Pacific, Upland, California (Contract No. C30940C) - funds are available in General Fund Account No. 110-4420-422-3010 as set forth in the FY 2011-2012 Budget. Action- J. REQUEST FOR DIRECTION TO STAFF REGARDING THE CITY'S CONTINUED SPONSORSHIP OF PD STYLE MAGAZINE AND EXTENSION OF THE RELATED CONTRACT WITH THE DESERT SUN FOR SAME (CONTRACT NO. C29960). Rec: By Minute Motion, provide direction, regarding continuation of the City's $110,000 annual sponsorship of PD Style Magazine and extension of the related contract with The Desert Sun - if Council wishes to maintain the current subsidy, additional funds should be appropriated as part of the FY 2011-2012 Budget approval process. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 2011 XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of May 18-31, 2011. Rec: Receive and file. Action- B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o Police Department 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: JUNE 9, 2011 o City Council Consideration of Travel Requests and Reports: o City Council Committee Reports: o City Council Comments: o Suggested Items for Future City Council Meeting Agendas XIX. ADJOURNMENT FUTURE MEETINGS June 14, 2011 12.00 p.m. Architectural Review Commission Community Services Conference Room June 15, 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 June 20, 2011 3.00 p.m. Citizens' Adv. Cmte.-Prof. Area #4 Administrative Conference Room June 21, 2011 2.00 p.m. Marketing Committee Meeting Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber June 23, 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 3d day of June, 2011. Rachelle D. Klassen, City Clerk 12