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HomeMy WebLinkAbout2012-04-12 AGENDAPOSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 12, 2012 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 (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 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 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 Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 628-120-011 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert Property Owner: Robert S. Rocke Under Negotiation: x Price x Terms of Payment 2) 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 3) Property: 13,120 Square -foot Portion of Frontage Road Adjacent to Highway 74 and APN 627-231-017, Palm Desert Negotiating Parties: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2012 Agency: John M. Wohlmuth/City of Palm Desert Property Owner: Fred Fern and David Fletcher/Chartwell Properties Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 1) City of Palm Desert v. Waldemar and Barbara Azbill, Riverside County Superior Court Case No. INC 1104212 C. 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 - Mayor Robert A. Spiegel VII. INVOCATION - Councilmember Jean M. Benson VIII. ORAL COMMUNICATIONS - B A. PRESENTATION 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 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 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. FA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2012 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 APRIL 2012 AS "CHILD ABUSE PREVENTION MONTH" IN THE CITY OF PALM DESERT. B. PRESENTATION OF "DMV/DONATE LIFE DESERT. Action- X. CONSENT CALENDAR PROCLAMATION DECLARING APRIL 2012 AS CALIFORNIA MONTH" IN THE CITY OF PALM 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 March 22, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 209, 210, 216, 217, 221, and 222. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of December 2011, January 2012, and February 2012 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2012 D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art in Public Places Commission Meeting of January 18, 2012. 2. Audit, Investment & Finance Committee Meetings of January 24 and February 28, 2012. 3. Library Promotion Committee Meeting of October 5, 2011. 4. Marketing Committee Meeting of February 28, 2012. 5. Parks & Recreation Commission Meeting of February 7, 2012. 6. Public Safety Commission Meeting of February 8, 2012. Rec: Receive and file. E. LETTER OF RESIGNATION from Rick E. Lebel - Public Safety Commission. Rec: Receive with very sincere regret. F. SINGLE AUDIT of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2011. Rec: G. REQUEST TO EXERCISE Option to Continue the Contract with White Nelson Diehl Evans, LLP to Perform Auditing Services for the City of Palm Desert and its Entities for the Fiscal Years Ending June 30, 2012, 2013, and 2014 (Contract No. C27544). Rec: By Minute Motion, that the City Council exercise the option to continue subject contract with White Nelson Diehl Evans, LLP, Irvine, California, to perform auditing services for the City of Palm Desert and its entities for the fiscal years ending June 30, 2012, 2013, and 2014. H. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C30630 with Pinnacle Landscape Company for Landscape Maintenance Area 4 in the Amount of $6,286 (Project No. 904-11). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $6,286 to the subject contract with Pinnacle Landscape Company, Santa Ana, California, for Landscape Maintenance Area 4; 2) authorize the Mayor to execute said Change Order No. 1 - funds are available in Account No. 110-4614-453-3370, R/M Medians. In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2012 REQUEST FOR APPROVAL to Increase Plan Review/Inspection Service Contracts (Contract Nos: C30940A and C30940B). Rec: By Minute Motion, authorize an additional amendment of $30,000 related to professional service agreements with Scott Fazekas & Associates, Irvine, California (Contract No. C30940A), and Willdan Engineering, San Bernardino, California (Contract No. C30940B) - this action would amend the prior authorized amount not to exceed $60,000 cumulatively for Plan Review and Inspection Services for the remainder of fiscal year 2011-2012; funds are available in General Fund Account No. 110-4420-422-3010 as set forth in the 2011/2012 budget. J. REQUEST FOR AWARD OF CONTRACT to Simon Contracting for Construction of the Citywide Drywell Removal Project in the Amount of $38,110 (Contract No. C31420, PROJECT NO. 500-12). Rec: By Minute Motion: 1) Award subject contract for Construction of the Citywide Drywell Removal Project to Simon Contracting, Indio, California, in the amount of $38,110; 2) authorize the Director of Finance to set aside an additional 100/0 contingency in the amount of $3,811; 3) authorize the Mayor to execute the subject agreement - funds are available in General Fund Account No. 420-4291-433- 4001, Drainage/Nuisance Water Mitigation. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2012 XIII. ORDINANCES For Introduction: None For Adoption: ORDINANCE NO. 1237 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE BY DELETING SECTION 2.52.300, TYPES OF APPOINTMENT, AND SECTION 2.52.305, DEFINITION OF EMPLOYMENT TYPES IN THEIR ENTIRETY, AND REPLACING THEM WITH SECTION 2.52.300 TYPES OF EMPLOYMENT AND SECTION 2.52.305 DEFINITION OF EMPLOYMENT TYPES. Rec: Waive further reading and adopt. Action: 2. ORDINANCE NO. 1238 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO SECTION 25.70.020 MEMBERSHIP TO INCREASE THE NUMBER OF ARCHITECTURAL REVIEW COMMISSIONERS FROM SEVEN TO NINE, Case No. ZOA 12-57. Rec: Waive further reading and adopt. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2012 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF ARTWORK SELECTIONS AND ALTERNATES FOR THE 2013/2014 EL PASEO INVITATIONAL EXHIBITION (CONTRACT NOS. C31730 A-R). Rec: By Minute Motion: 1) Approve the eighteen sculptures and two alternates selected for the 2013/2014 El Paseo Invitational Exhibition; 2) approve honorariums of $2,575 for each of the participating artists - funds will be available in Account No. 436- 4650-454-4002 in Fiscal Year 2012/2013. B. REQUEST FOR APPROVAL OF THE 2012 SUMMER CONCERT SERIES SCHEDULE, PERFORMING ARTS CONTRACTS, AND EXPENDITURES. Rec: By Minute Motion- 1 ) Approve the 2012 Summer Concert Series schedule; 2) Approve Contract No. C31740A, with the Palm Desert High School Symphonic Band in the amount of $0.00; 3) Approve Contract No. C31740B, with the band Nitro Express in the amount of $1,200; 4) Approve Contract No. C31740C, with the band Southbound in the amount of $1,000; 5) Approve Contract No. C31740D, with the band Vanity Fair in the amount of $2,000; 6) Approve expenditure with Studio Instrument Rentals (SIR) of Palm Springs for concert professional staff, instrumental equipment, sound, and/or lighting in conjunction with the concerts; 7) Approve five percent fee with Gigmasters online website for booking services of selected bands in the amount of $210; 8) Authorize the Mayor to execute subject contracts - funds are available in Account No. 110-4416-414-3061. Action: VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2012 C. REQUEST FOR APPROVAL OF THE PERFORMING ARTS CONTRACT AND PYRO SPECTACULARS FIREWORKS DISPLAY CONTRACT IN CONJUNCTION WITH PALM DESERT'S INDEPENDENCE DAY CELEBRATION, WEDNESDAY, JULY 4, 2012. Rec: By Minute Motion: 1) Approve Contract No. C31750A, with Pyro Spectaculars by Souza, Rialto, California, in the amount of $36,000 for professional staff, pyrotechnic supplies, and services for Palm Desert's 2012 Independence Day Celebration; 2) Approve Contract No. C31750B, with Swing Cats Big Band, Yorba Linda, California, in the amount of $3,650 to provide instrumental and vocal entertainment for Palm Desert's 2012 Independence Day Celebration; 3) Approve expenditure with Studio Instrument Rentals (SIR) of Palm Springs for concert professional staff, instrumental equipment, sound, and/or lighting in conjunction with the concert; 4) Approve five percent fee with Gigmasters (online website) for booking service of selected band in the amount of $182.50; 5) Authorize the Mayor to sign subject contracts - funds are available in Account No. 110-4416-414-3061. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2012 XVII. PUBLIC HEARINGS A. REQUEST FOR ADOPTION OF RESOLUTION NO. 2012 - 23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING A PORTION OF THE FRONTAGE ROAD ALONG THE EAST SIDE OF HIGHWAY 74 AS PART OF THE APPROVED HOTEL AND CONDOMINIUM PROJECT KNOWN AS ROSEWOOD, UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA (PDH Partners, LLC, Applicant). Rec: Waive further reading and adopt. B. REQUEST FOR APPROVAL OF GENERAL PLAN AMENDMENT FROM RESIDENTIAL, HILLSIDE RESERVE (R-HR) TO OPEN SPACE -PUBLIC RESERVES (OS/PR), APN 628-120-001; CHANGE OF ZONE FROM PLANNED RESIDENTIAL - 5 (PR 5) TO PUBLIC INSTITUTION (P), APNs 694-160-003 AND 694-200-001; CHANGE OF ZONE FROM PLANNED RESIDENTIAL - 5 (PR 5) TO PLANNED RESIDENTIAL - 22 (PR 22), APNs 694-300-001, 694-300-0057 AND 694-310-005; CHANGE OF ZONE FROM SINGLE-FAMILY/MOBILE HOME RESIDENTIAL (R-1- M) TO PLANNED RESIDENTIAL - 5 (PR 5), APN 620-400-028; CHANGE OF ZONE FROM HILLSIDE PLANNED RESIDENTIAL (HPR) TO OPEN SPACE (OP), APN 628-120-001, Case No. GPA and C/Z 12-767 (City of Palm Desert, Applicant). Rec: Waive further reading and: 1) Adopt Resolution No. 2012- 24, approving a General Plan Amendment from Residential, Hillside Reserve (R-HR) to Open Space -Public Reserves (OS/PR), APN 628-120-0017 Case GPA and C/Z 12-76. 2) Pass Ordinance No. 1239 to second reading, approving a Change of Zone to four (4) properties, Case C/Z 12-76. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2012 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period March 14-April 3, 2012. Rec: Receive and file. Action: 2. Request Formation of a Sub -Committee for Palm Desert Holiday Decor inventory. Rec: By Minute Motion: 1) Form a City Council sub -committee to review and make recommendations to modify the current Holiday Decor Inventory; 2) select two Councilmembers to serve on this sub -committee along with the appropriate staff. B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY 1. Fire Department 2. Police Department 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 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 2012 FUTURE MEETINGS: April 17, 2012 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission -CANCELED- April 18, 2012 9:00 a.m. Art In Public Places Commission Community Services Conference Room 11:30 a.m. Landscape Beautification Committee - CANCELED - 3:00 p.m. Library Promotion Committee Administrative Conference Room April 24, 2012 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 April 26, 2012 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 6th day of April, 2012. Rachelle D. Klassen, City Clerk 11