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Home My WebLink About2012-07-12 AGENDAIV. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 12, 2012 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 CALL TO ORDER - 3:00 P.M. ROLL CALL 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 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 or Successor Agency, or Housing Authority Boards. Because the Brown Act does not allow the City Council, Successor Agency, or Housing Authority Boards 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, Successor Agency, or Housing Authority Meeting. ADJOURN TO CLOSED SESSION Request for Closes Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 43-705 Kelsey Court (APN 634-241-037), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Successor Agency to the Palm Desert Redevelopment Agency/Palm Desert Housing Authority Property Owner: Terri L. McIntyre Under Negotiation: x Price x Terms of Payment 2) Property: 42-128 Verdin Lane (APN 624-440-003), Palm Desert Negotiating Parties: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2012 Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Successor Agency to the Palm Desert Redevelopment Agency/Palm Desert Housing Authority Property Owner: Justin and Patricia Mansker Under Negotiation: x Price x Terms of Payment 3) Property: 13,120 Square -foot Portion of Highway 74 Frontage Road Right-of-way Adjacent to the El Paseo Collection South (APN 627-231-017) Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/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 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 Jean M. Benson VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. F-ITAMe , B. GENERAL ORAL COMMUNICATIONS. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2012 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 may briefly respond or 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. 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., 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 June 28, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 283, 288, 291, 295, 297, and 301. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by First-Com Vintner, 74-199 El Paseo Drive, Suite #101, Palm Desert. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2012 Rec: Receive and file. D. CONSIDERATION of a Request for the Return of Fees Paid Regarding a Denial of Conditional Use Permit No. 11-244 to Operate a Short-term Rental Located at 44-600 San Jose Avenue (APN 627-164-005) (Alan and Susan Parker, Applicants). Rec: By Minute Motion, approve the Applicant's request for reimbursement of fees paid for review of a Short-term Rental Conditional Use Permit (CUP) Application and Appeal. E. REQUEST FOR AWARD OF CONTRACT to MRC Engineering, Inc., in an Amount Not to Exceed $41,500 Plus Reimbursable Expenses for Professional Engineering Services - Civic Center Sheriff Substation HVAC Upgrades (Contract No. C32000). Rec: By Minute Motion: 1) Authorize award of the subject contract for Professional Engineering Services - Civic Center Sheriff Substation HVAC Upgrade Project to MRC Engineering, Inc., Palm Desert, California, in the amount of $41,500 plus an additional amount not to exceed $1,200 for reimbursable expenses; 2) authorize the Director of Finance to set aside the amount of $4,150 as 10% contingency for the project (use of contingency requires additional action); 3) waive competitive bidding requirements and select local engineer from Approved Consultants List; 4) declare existing HVAC equipment as surplus and authorize staff to dispose of it - funds are available in Account No. 450-4161-415-4001. F. REQUEST FOR APPROVAL of Amendment No. 4 and Amendment No. 5 to Contract with Delta Dental for Employee Dental Benefits (Contract No. C27650). Rec: By Minute Motion, authorize approval of the following Amendments to the subject contract with Delta Dental, respectively, and the Mayor to execute same for; 1) One-year renewal through June 30, 2013; 2) voluntary enrollment of part-time employees - no increase in cost per employee - funds are available in the FY 2012-2013 Budget. G. REQUEST FOR APPROVAL of Mills Act Contract for Shadow Mountain Golf Club (Contract No. C32010). In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2012 Rec: By Minute Motion, approve Mills Act Contract for the Shadow Mountain Golf Club, Palm Desert, reaffirming the recommendation of the Cultural Resources Preservation Committee, in accordance with Section 29.70.030 of the Palm Desert Municipal Code. H. REQUEST FOR APPROVAL of Out -of -State Travel for Landscape Manager to Attend an International Society of Arboriculture (ISA) West Coast Chapter Board and Conference Planning Meeting in Las Vegas, Nevada, on July 13, 2012. Rec: By Minute Motion, approve of the subject out-of-state travel for Landscape Manager to attend an ISA West Coast Chapter Board and Conference Planning Meeting in Las Vegas, Nevada, on July 13, 2012 - no fiscal impact beyond one work day from the Landscape Manager to attend the meeting. INFORMATIONAL REPORT Related to Ongoing Capital Improvement Projects at the Palm Desert Aquatic Center. Rec: Receive and file. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2012 - 54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACTING FOR ITSELF AND AS THE LEGISLATIVE BODY OF CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK), APPROVING AND AUTHORIZING THE EXECUTION AND DELIVLERY OF A SECOND SUPPLEMENTAL INDENTURE WITH RESPECT TO THE DISTRICT'S SPECIAL TAX BONDS. Rec: Waive further reading and adopt. F-ITAMe , XIII. ORDINANCES 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2012 For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO MATICH CORPORATION, INC., IN THE AMOUNT OF $3,109,000 FOR CONSTRUCTION OF THE HIGHWAY 111 RESURFACING PROJECT (CONTRACT NO. C31810, PROJECT NO. 752-13). Rec: By Minute Motion: 1) Waive bid irregularity; 2) award the subject contract for Construction of the Highway 111 Resurfacing Project to Matich Corporation, Inc., Highland, California, in the amount of $371097000; 3) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $310,900; 4) authorize the Mayor to execute the contract - funds are available in the Recycling Fund Street Maintenance Account No. 236-4311-433- 3320, the Measure "A" Street Maintenance Account No. 213-4311- 433-3320, and the Gas Tax Fund Street Maintenance and Prop 1 B Account Nos. 211-4311-433-3320 and 211-4311-433-3916.. B. REQUEST FOR AUTHORIZATION FOR DIRECTOR OF PUBLIC WORKS TO APPLY FOR A HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)-FUNDED GRANT TO INSTALL SAFETY LIGHTING AT TWO INTERSECTIONS: PORTOLA AVENUE/DINAH SHORE DRIVE AND SAN PABLO AVENUE/SAN GORGONIO WAY. Rec: By Minute Motion, authorize the Director of Public Works to apply for an HSPI Grant to install safety lighting at two intersections: Portola Avenue/Dinah Shore Drive and San Pablo Avenue/San Gorgonio Way - funds are available in Account No. 234-4276-422- 4001 - Traffic Signal Public Safety Fund - no General Fund money will be used for this expenditure. Action - POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2012 C. REQUEST FOR AUTHORIZATION TO SUSPEND PERMIT FEES FOR ENERGY -EFFICIENT POOL PUMP REPLACEMENTS UNDER THE "SET TO SAVE" PROGRAM UNTIL DECEMBER 31, 2012. Rec: By Minute Motion, authorize the City Manager to waive permit fees for Energy -efficient Pool Pump Replacements under the existing "Set To Save" Program through December 31, 2012. D. REQUEST FOR AWARD OF CONTRACT TO OFF MADISON AVENUE FOR DIGITAL MARKETING AND PUBLIC RELATIONS SERVICES - FISCAL YEAR 2012-2013 (CONTRACT NO. C32020). Rec: By Minute Motion: 1) Concur with the recommendation of the Marketing Committee and award the subject contract to Off Madison Ave (OMA), Phoenix, Arizona, in the amount of $87,000 for digital marketing and public relations services; 2) authorize the Mayor to execute said contract on behalf of the City - funds are available in Account No. 110-4417-414-3090. F-IT41 Me, E. REQUEST FOR APPROVAL OF THE IMPLEMENTATION OF LANDMARK'S VISITOR CENTER RETAIL AND MERCHANDISING RECOMMENDATIONS AND AUTHORIZATION FOR STAFF TO PROCEED WITH OBTAINING BIDS FOR RETAIL DISPLAYS. Rec: By Minute Motion: 1) Support implementation of Landmark's Retail and Merchandising Recommendations for the Palm Desert Visitor Center; 2) authorize staff to proceed with obtaining bids for retail displays. Action: VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2012 F. REQUEST FOR APPROVAL OF PURCHASE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND CLUB CAR, INC. (ELECTRIC CAR DISTRIBUTORS), IN THE AMOUNT OF $74,030.47 FOR THREE (3) NEIGHBORHOOD ELECTRIC VEHICLES FOR THE EL PASEO COURTESY CART PROGRAM (CONTRACT NO. C32030). Rec: By Minute Motion: 1) Approve the purchase of three (3) neighborhood electric vehicles for the El Paseo Courtesy Cart Program in the amount of $74,030.47 (includes tax and freight) from Club Car, Inc./Electric Car Distributors, Rancho Mirage, California; 2) declare the three (3) existing Courtesy Cart vehicles as surplus to be used for trade-ins toward the purchase; 3) authorize a 30% down payment to Electric Car Distributors; 4) appropriate $75,000 to Capital Outlays/Vehicles - Account No. 530- 4195-415-4030; 5) authorize the reimbursement of Capital Outlays Auto/Vehicles Account No. 530-4195-415-4030 from Trust - Parking Authority Account No. 610-0000-228-0900 to pay for the carts; 6) authorize the City Manager to accept the bid quotes for the purchase - with the aforementioned action to reimburse Capital Outlays Auto/Vehicles Account from Trust - Parking Authority Account, funds will be available to purchase the carts. UTOUMe , G. REQUEST FOR AUTHORIZATION OF A ONE-YEAR CONTRACT EXTENSION WITH RITE RATE, INC. (FORMERLY RITE RATE BUSINESS SOLUTIONS), FOR OPERATION OF THE EL PASEO COURTESY CART SERVICE (CONTRACT NO. R29972). Rec: By Minute Motion: 1) Authorize a one-year contract extension with Rite Rate, Inc., Palm Desert, California (formerly Rite Rate Business Solutions), in the amount of $85,700 for operation ($80,700 for scheduled hours and $5,000 for operating during special events) of the El Paseo Courtesy Cart Service commencing November 9, 2012, through May 12, 2013; 2) authorize the reimbursement of $5,000 from El Paseo Business Improvement District Account No. 271-4491-464-3215 to Courtesy Cart Account No. 110-4416-414-3681 as contribution toward operations; 3) authorize the Mayor to execute said contract - funds in the amount of $85,700 are available in Courtesy Carts Account No. 110-4416- 414-3681. Action: A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING J U LY 12, 2012 H. REQUEST FOR APPROVAL OF A PROPOSAL BY DEKRA-LITE INDUSTRIES, INC., TO PURCHASE ADDITIONAL HOLIDAY DECOR AND TO REBURBISH, INSTALL, REMOVE, MAINTAIN, CLEAN, PACKAGE, AND STORE THE CITY OF PALM DESERT'S HOLIDAY LIGHTING AND DECORATIONS PER CONTRACT NO. C28120. Rec: By Minute Motion: 1) Approve proposal by Dekra-Lice Industries, Inc., Santa Ana, California, in the amount of $48,264 for the annual installation, removal, maintenance, cleaning, and storage of Palm Desert's Holiday Lighting and Decorations per the subject contract; 2) approve proposal by Dekra-Lice Industries, Inc., in the amount of $17,936.53 for the one-time refurbishment of existing decor and purchase of new decor items; 3) appropriate $1,410 from the Unobligated General Fund into Account No. 110-4310-433-3910 for the Holiday Decor Program's annual cost for installation, removal, maintenance, cleaning, and packaging of equipment; 4) appropriate $17,936.53 from the Unobligated General Fund into Account No. 110-4300-413-4040 for the refurbishment of existing holiday decor and purchase of new decor items; 5) authorize the City Manager to execute all contract documents associated with this proposal and subject contract. F-IT4 e , CONSIDERATION OF REQUEST FOR FUNDING TO SPONSOR FASHION WEEK EL PASEO AND FOOD AND WINE FESTIVAL PALM DESERT 2013 - 2015. Rec: By Minute Motion: 1) Approve a $75,000 sponsorship for Fashion Week El Paseo and Food & Wine Festival Palm Desert for the next three years; 2) appropriate an additional $25,000 from Unobligated General Funds to Community Sponsorships for Fiscal Year 2012- 2013, Account No. 110-4416-414-3062; 3) authorize up to $10,000 in -kind City services and fees; 4) authorize use of the City -owned lot at the northeast corner of Shadow Mountain and Larkspur for the Fashion Week Event in March 2013; 5) authorize closing a portion of Larkspur Lane in the evenings from 5.00 p.m. to 10.00 p.m. during Fashion Week Event in March 2013; 6) permit the consumption of alcoholic beverages on City -owned property; 7) authorize the Mayor to execute the sponsorship contract (Contract No. C32040) - funds of $50,000 have been included in the proposed Financial Plan for FY 2012-2013, Community Sponsorships Account No. 110-4416-414-3062. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 12, 2012 XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meetign Summaries for the Period of June 20 - 29, 2012. Rec: Receive and file. Action- 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 FUTURE MEETINGS: J U LY 12, 2012 July 17, 2012 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber July 18, 2012 9:00 a.m. Art In Public Places Commission Community Services Conference Room 3:00 p.m. Library Promotion Committee -CANCELED- 4:30 p.m. City Council Compensation Committee Administrative Conference Room 5:00 p.m. City Council Comp. Cmte. — Public Input Civic Center Council Chamber July 24, 2012 8:30 a.m. Adj. Reg. Parks & Recreation Commission Administrative Conference Room 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room July 26, 2012 3:00 p.m. Reg. City Council/Successor RDA Mtgs. -CANCELED-Summer Schedule July 31, 2012 10:00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room August 6, 2012 1:30 a.m. Oversight Board -CANCELED — Will adjourn to Aug. 20 6:00 p.m. Youth Committee -CANCELED — Summer Schedule August 7, 2012 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber August 8, 2012 3:30 p.m. Housing Commission -CANCELED- 3:30 p.m. Public Safety Commission -CANCELED- August 9, 2012 3:00 p.m. Reg. City Council/Successor RDA Mtgs. -CANCELED — Summer Schedule August 14, 2012 12:00 p.m. Architectural Review Commission Community Services Conference Room August 15, 2012 9:00 a.m. Art In Public Places Commission Community Services Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room (FUTURE MEETINGS continued on the next page.) 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING (FUTURE MEETINGS continued from previous page.) J U LY 12, 2012 August 20, 2012 1:30 p.m. Adj. Reg. Oversight Board Meeting Administrative Conference Room August 21, 2012 2:00 p.m. Marketing Committee -CANCELED- 6:00 p.m. Planning Commission Civic Center Council Chamber August 23, 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 6t" day of July, 2012. Rachelle D. Klassen, City Clerk 12