HomeMy WebLinkAbout2012-02-23 AGENDAPOSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 23, 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
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
Request for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
1)
Property: APNs 627-071-070, 627-071-069, 624-071-067, 627-071-068,
627-071-071, 627-074-014, 627-092-043, 694-200-001,
640-370-016, 694-310-002, 694-310-003, 694-310-005,
694-300-005, 694-300-001, 694-300-006, 694-300-002,
694-190-005, 694-190-006, 694-190-007, 694-190-013,
694-190-016, 694-200-003, 694-200-004, 694-200-006,
694-200-011, 694-200-012, 694-200-022, 627-101-002,
627-101-033, 627-1014-038, 627-101-039, 627-262-008,
630-250-022, 627-102-017, 637-033-001,
Partial 637-071-002, 622-200-053, 622-200-054,
627-102-019, 627-232-005, 620-450-011, 620-450-015,
620-400-028, 620-400-025, 620-400-026, 620-400-010,
620-450-012, 620-450-013, 620-450-014, 620-450-016,
620-450-018, 620-450-020, 620-430-024, 620-430-025,
694-160-003,
694-310-004,
694-300-007,
694-190-014,
694-200-007,
627-101-017,
627-262-011,
628-120-001,
622-200-056,
620-450-021,
620-420-008,
620-450-017,
620-370-002,
620-370-003, 620-370-004, 620-370-017, 620-370-018, 620-370-020,
620-370-033, 620-370-043,
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/Ruth Ann Moore/
City of Palm Desert
Property Owner: Successor Agency to the
Palm Desert Redevelopment Agency
Other Parties: Oversight Board
Under Negotiation: x Price x Terms of Payment
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
2) Property: APN 640-140-019
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/Ruth Ann Moore/
City of Palm Desert
Property Owner: City of Palm Desert
Under Negotiation: x Price x Terms of Payment
B. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
C. Public Employment pursuant to Government Code 54957:
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 Robert A. Spiegel
VIII. ORAL COMMUNICATIONS - B
A. PRESENTATION OF ANIMAL ADOPTION FEATURE.
F-ITAAM
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
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,
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 will 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.
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 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
None
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 February 9, 2012.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 164, 168, 170, 173, 174, 177, 178, 183, and 184.
Rec: Approve as presented.
C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of September 2011, October 2011, and November 2011 (Joint
Consideration with the Successor Agency to the Palm Desert
Redevelopment Agency).
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Clementine,
72-990 El Paseo, Suite Nos. 3, 4, 5, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sammy's
Woodfired Pizza & Grill, 73-595 El Paseo, Suite No. B2208, Palm Desert.
Rec: Receive and file.
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
F. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Audit, Investment & Finance Committee Meetings of September 27,
2011, October 25, 2011, and November 22, 2011.
2. Citizen's Sustainability Committee Meetings of May 26, 2011, July 13,
2011, and October 19, 2011.
3. Parks & Recreation Commission Meeting of January 10, 2012.
4. Public Safety Commission Meeting of December 14, 2011.
Rec: Receive and file.
G. REQUEST FOR APPROVAL of an On -call Professional Services
Agreement with Adjusters International for Post -disaster FEMA Grant
Management (Contract No. C31610).
Rec: By Minute Motion, approve an on -call, contingency Professional
Services Contract with Adjusters International, Utica, New York, for
FEMA Grant Management Consulting - no fiscal impact unless City
elects in the future to utilize such services for FEMA costs recovery.
H. REQUEST FOR APPROVAL of Agreement with Crossroads Software,
Inc., for Hosting and Managing a Secured Website for Dissemination of
Traffic Collision Reports to Authorized Persons and Entities(Contract No.
C31620).
Rec: By Minute Motion, authorize the City Manager to execute
agreement with Crossroads Software, Inc., Brea, California, for
hosting and managing a secured website for the dissemination of
traffic collision reports - no direct fiscal impact to the City.
REQUEST FOR APPROVAL of Change Order No. 2 - Contract No.
C28723 - Maintenance Services for the City of Palm Desert's permanent
Public Art Collection and the El Paseo Invitational Exhibition for the Period
of June 1, 2012 - May 31, 2013.
Rec: By Minute Motion, approve Change Order No. 2 in the amount of
$39,870 to extend the subject contract with Same Day Express,
Palm Desert, California, for one year (third and final) for the period
of June 1, 2012 - May 31, 2013, to provide Maintenance Services
for the City of Palm Desert's Permanent Public Art Collection and
the El Paseo Invitational Exhibition - funds are available in Account
N o . 436-4650-454-3372 .
In
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
CONSIDERATION of Legislative Review Committee Recommendation to
Support the Earthquake Insurance Affordability Act (H.R. 3125 and S. 637).
Rec: By Minute Motion, concur with the recommendation of the Legislative
Review Committee and approve a letter of support for the Earthquake
Insurance Affordability Act (H.R. 3125 and S. 637).
K. CONSIDERATION of Legislative Review Committee Recommendation to
Support the California Desert Protection Act of 2011 (S. 138).
Rec: By Minute Motion, concur with the recommendation of the Legislative
Review Committee and approve a letter reaffirming support for the
California Desert Protection Act of 2011 (S. 138).
L. CONSIDERATION of Legislative Review Committee Recommendation to
Support the Violence Against Women Reauthorization Act of 2011 (S. 1925).
Rec: By Minute Motion, concur with the recommendation of the Legislative
Review Committee and approve a letter of support for the Violence
Against Women Reauthorization Act of 2011 (S. 1925).
M. CONSIDERATION of Legislative Review Committee Recommendation to
Support SB 654 (Steinberg) - Redevelopment Agencies' Housing Funds.
Rec: By Minute Motion, concur with the recommendation of the Legislative
Review Committee and approve a letter of support for SB 654
(Steinberg).
N. CONSIDERATION of Legislative Review Committee Recommendation to
Support AB 593 (Ma) - Victims of Domestic Violence.
Rec: By Minute Motion, concur with the recommendation of the Legislative
Review Committee and approve a letter of support for AB 593 (Ma).
O. REQUEST FOR APPROVAL of Out -of -State Travel for Landscape Specialist
to Attend the Annual International Society of Arboriculture Conference in
Portland, Oregon, August 11 - 15, 2012.
Rec: By Minute Motion, authorize the Landscape Specialist to attend the
Annual Conference of the International Society of Arboriculture (ISA)
in Portland, Oregon, August 11-15, 2012, at a cost of $530 - funds are
available in Account No. 110-4614-453-3120 - Landscape Services -
Conferences/Seminars/Workshops.
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
P. REQUEST FOR AUTHORIZATION to Accept and Execute Any Related
Documents for Award of a FY 2011 Homeland Security Grant Program
(HSGP) in the Amount of $7,814 for a Community Emergency Response
Team (CERT) Training Course.
Rec: By Minute Motion: 1) Authorize City Manager to execute the FY
2011 Grant Assurance document for award of a Homeland Security
Grant Program (to conduct a CERT Class) and any other future
related documents associated with this grant; 2) appropriate an
amount not to exceed $1,000 from the Unobligated General Fund
Reserves for any costs associated with the CERT Class above the
grant award amount of $7,814.
Q. INFORMATIONAL REPORT on the 2011 Holiday Theft Suppression
Program.
Rec: Receive and file.
Action:
XI. CONSENT ITEMS HELD OVER
XII. RESOLUTIONS
A. RESOLUTION NO. 2012 - 09 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING
RESOLUTION NO. 07-66 AND ELIMINATING COMPENSATION FOR
MEMBERS OF THE PLANNING COMMISSION.
Rec: Waive further reading and adopt.
F-ITAMe ,
B. RESOLUTION NO. 2012 - 10 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE
MAP OF PARCEL MAP NO. 36137 (Pouf Moller/Moller's Garden Center,
Applicant).
Rec: Waive further reading and adopt.
Action -
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
XIII. ORDINANCES
For Introduction:
For Adoption:
A. ORDINANCE NO. 1233 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CHANGES
OF ZONE FOR 22 PROPERTIES THROUGHOUT THE CITY IN
ACCORDANCE WITH CALIFORNIA STATE LAW TO COINCIDE WITH
THE RECENTLY UPDATED 2011 HOUSING ELEMENT.
Rec: Waive further reading and adopt.
FTITAMe ,
XIV. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION TO TERMINATE CONTRACTS WITH
MERCHANTS LANDSCAPE SERVICES, INC., FOR LANDSCAPE
MAINTENANCE AREAS NOS. 1, 16, 17, AND 18 EFFECTIVE JUNE 30, 2012,
AND AUTHORIZE STAFF TO GO OUT FOR BID FOR THESE LANDSCAPE
MAINTENANCE AREAS.
Rec: By Minute Motion: 1) Effective June 30, 2012, terminate, without cause,
the following Landscape Maintenance Area (LMA) Contracts with
Merchants Landscape Services, Inc., Santa Ana, California: a) Contract
No. C30760 - LMA No. 1 (Project No. 901-11); b) Contract No. C30810 -
LMA No. 16 (Project No. 916-11); c) Contract No. C30820 - LMA No. 17
(Project No. 917-11); d) Contract No. C30830 - LMA No. 18 (Project No.
918-11) 2) authorize staff to go out for bid for LMA Nos. 1, 16, 17, and 18.
Action:
B. REQUEST FOR APPROVAL OF THE PURCHASE AND INSTALLATION OF A
SINGLE -VAULT, PREFABRICATED RESTROOM FROM CTX
INCORPORATED, AND THE ASSOCIATED LANDSCAPE IMPROVEMENTS
AT CAHUILLA HILLS PARK IN AN AMOUNT NOT TO EXCEED $31,380.56
(CONTRACT NO. C31630, PROJECT NO. P714-11).
Rec: By Minute Motion, approve the purchase and installation of a single -vault,
prefabricated restroom from CTX Incorporated, Spokane Valley,
Washington, and associated landscape improvements at Cahuilla Hills
Park in an amount not to exceed $31,380.56 - funds are available in
Account No. 430-4628-454-4001- Park Facilities/Cahuilla Hills.
Action:
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
C. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE
2012 CITYWIDE SLURRY SEAL PROJECT IN THE AMOUNT OF $928,409
TO ROY ALLAN SLURRY SEAL, INC. (CONTRACT NO. C31440, PROJECT
NO. 751-12).
Rec: By Minute Motion: 1) Award the subject contract for Construction of
the 2012 Citywide Slurry Seal Project to Roy Allan Slurry Seal, Inc.,
Santa Fe Springs, California, in the amount of $928,409; 2) authorize
the Director of Finance to set aside an additional 10% contingency for
the project in the total amount of $92,840.90-1 3) authorize the Mayor to
execute said contract - funds are available in General Fund Account
No. 110-4311-433-3320 - Street Maintenance.
D. REQUEST FOR AWARD OF CONTRACT FOR THE CITYWIDE TREE
PRUNING PROGRAM IN THE AMOUNT OF $54,280 TO WEST COAST
ARBORISTS (CONTRACT NO. C31410, PROJECT NO. 932-12) (JOINT
CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY).
Rec: By Minute Motion: 1) Award subject contract for the Citywide Tree
Pruning Program to West Coast Arborists, Anaheim, California, in
the total amount of $54,280 (City - $39,600; Housing Authority -
$14,680); 2) authorize the Director of Finance to set aside an
additional 10% contingency for the contract in the total amount of
$57428 (City - $3,960; Housing Authority - $17468); 3) authorize the
Mayor/Chairman to execute said contract - funds are available for
the portion of contract relative to City and Assessment Districts in
Parks and Recreation Account Nos. 110-4610-453-3320, 110-
4611-453-3320, and 110-4611-453-3371; Repair/Maintenance
Medians Account No. 110-4614-453-3370; Assessment District
Fund 200 Accounts; and for the Housing Authority, funds are set
aside in the 2011-2012 Housing Authority Operating Budget.
Action:
A
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
XV. CONTINUED BUSINESS
A. REQUEST FOR AUTHORIZATION TO NEGOTIATE AND RECORD
CONSERVATION EASEMENTS FOR CITY -AND SUCCESSOR AGENCY
TO THE PALM DESERT REDEVELOPMENT AGENCY -OWNED
PROPERTIES (Continued from the meeting of January 12, 2012).
Rec: By Minute Motion, direct staff to: 1) Prepare a Change of Zone and
General Plan Amendment on City- and Successor Agency to the
Palm Desert Redevelopment Agency -owned properties within the
hillside area; 2) continue negotiating conservation Easements for
the same properties; 3) investigate an acceptable party to accept
the Conservation Easement.
F-IT41 Me,
B. FISCAL IMPACT ANALYSIS REPORT REGARDING POTENTIAL
ANNEXATION BY THE CITY OF PALM DESERT FOR AREAS NORTH
OF INTERSTATE 10 (Continued from the meeting of January 26, 2012).
Rec: By Minute Motion, continue to the meeting of March 8, 2012.
Action:
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
k=
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meeting Summaries for the Period of February 1-14,
2012.
Rec: Receive and file.
B. CITY ATTORNEY
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 23, 2012
C. CITY CLERK
1. Consideration of the Appointment of a Delegate and/or Alternate to
the Southern California Association of Governments (SCAG)
General Assembly - April 4-5, 2012, in Los Angeles, California.
Rec: If desired, by Minute Motion, appoint a City Councilmember
as Delegate and/or an Alternate to the SCAG General
Assembly being held in Los Angeles, California, April 4-5,
2012, and direct staff to provide the appropriate notification
for attendance.
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 FEBRUARY 23, 2012
FUTURE MEETINGS:
February 28, 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
March 5, 2012
6:00 p.m.
Youth Committee
Administrative Conference Room
March 6, 2012
8:30 a.m.
Parks & Recreation Commission
Administrative Conference Room
6:00 p.m.
Planning Commission
Civic Center Council Chamber
March 8, 2012
3:00 p.m.
Regular City Council/SA-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 is 17th day of February, 2012.
Rachelle D. Klassen, City Clerk
11