HomeMy WebLinkAbout2012-06-14 AGENDAPOSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 14, 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 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 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: Lease Property - Parkview Professional Office Complex,
73710 Fred Waring Drive, Suite No. 112, Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
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.
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2012
A. REPORT ON ACTION FROM CLOSED SESSION.
F-IT4 e ,
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Mayor Pro Tern William R. Kroonen
VII. INVOCATION - Councilmember Jean M. Benson
VIII. ORAL COMMUNICATIONS - B
A. PRESENTATION OF ANIMAL ADOPTION FEATURE.
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 aivin
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 Board 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.
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, (760) 346-0611.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE RETIRING CITY OF PALM DESERT
EMPLOYEES MARIA ARZAGA, ROB BISHOP, TERRY CECHIN, ERNIE
OWENS, KAREN PRUSINOWSKI, SAM SZYMANSKI, AND ALANA
TOWNSEND.
B. PRESENTATION BY MARY LOU SUTER, EXECUTIVE DIRECTOR, AND
PAMELA PLICK, BOARD PRESIDENT, TO PROVIDE AN UPDATE ON
ACTIVITIES, PROGRAMS, AND SERVICES PROVIDED BY THE
JOSLYN CENTER.
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2012
F-IT4 e ,
C. PRESENTATION BY TOM KIRK, EXECUTIVE DIRECTOR OF THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG), ON
STATUS OF GRANT APPLICATION TO THE SOUTH COAST AIR
QUALITY MANAGEMENT DISTRICT (SCAQMD) FOR THE 1e11
PROJECT.
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 24, 2012.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 259, 260, 265, 266, 270,271, and 276.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#707) by the Estate of Frank Nero Tanuvasa
in an Amount in Excess of $25,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimants.
D. CLAIM AGAINST THE CITY (#708) by Jose C. Rojo in an Amount No
Less Than $100,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sam's Club
#6609, 34-220 Monterey Avenue, Palm Desert.
Rec: Receive and file.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2012
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Water's Edge
Pool Bar, 1091 Pinehurst Lane, Palm Desert.
Rec: Receive and file.
G. PARKS & RECREATION COMMISSION MINUTES for the Meeting of
April 3, 2012.
Rec: Receive and file.
H. REQUEST FOR AUTHORIZATION to Review the City's Conflict of
Interest Code.
Rec: By Minute Motion, authorize staff to make a formal review of the
City's Conflict of Interest Code, pursuant to the Political Reform Act,
and if necessary at the appropriate time thereafter, prepare a
resolution to be adopted by the City Council to effect the required
amendments.
REQUEST FOR APPROVAL of the Streamlined Use of Vendors for the
Special Programs Department for Fiscal Year 2012-2013 by Granting an
Exception to Bidding Requirements in Section 3.32.090 of the Palm
Desert Municipal Code.
Rec: By Minute Motion: 1) Grant an exception to the bidding
requirements, as provided by Section 3.32.090 of the Palm Desert
Municipal Code, for the Special Programs Department - FY 2012-
2013; 2) approve the Special Programs/Event Vendor List for FY
2012-2013 as presented.
J. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU)
Between Community Connect (formerly the Volunteer Center of Riverside
County) and the City of Palm Desert to Participate in the 2-1-1 Riverside
County Program (Contract No. C31890).
Rec: By Minute Motion: 1) Authorize the Mayor to execute the subject
MOU between Community Connect (formerly the Volunteer Center
of Riverside County) and the City to participate in the 2-1-1
Riverside County Information and Referral Program; 2) authorize
expenditure of funds for same in an amount not to exceed $7,500
from Account No. 110-4132-411-3090.
In
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2012
K. REQUEST FOR AUTHORIZATION to Refund Building Permit Fees for a
Project at 73-101 Highway 111 (Permit No. 12-55361) (Just LLC/Best
Signs, Inc., Applicant).
Rec: By Minute Motion, authorize a refund of Building Permit Fees in the
amount of $103.50 for Permit No. 12-55361 for a project located at
73-101 Highway 111.
L. REQUEST FOR EXTENSION of Professional Service Contracts for
Building and Safety Plan Review Services - Fiscal Year 2012-2013.
Rec: By Minute Motion, approve extension of Professional Service
Agreements with: 1) Scott Fazekas & Associates, Irvine, California
(Contract No. C30941A); 2) Willdan Engineering, San Bernardino,
California (Contract No. C30941 B), 3) JAS Pacific, Upland,
California (Contract No. C30941 C) - for Building Plan Review
Services in a total amount not to exceed $30,000 for all contracts
from funds available in the FY 2012-2013 Budget, Account No.
110-4420-422-3010.
M. REQUEST FOR APPROVAL of the Use of Specified Vendors to Provide
Equipment Rental Services for Fiscal Year 2012-2013.
Rec: By Minute Motion, approve use of 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 - to
provide equipment rental services FY 2012-2013 - funds are
available in General Fund Account No. 110-4310-433-3430 -
Construction Equipment Rental.
N. REQUEST FOR AWARD OF PURCHASE of Irrigation Supplies on an As -
needed Basis to John Deere Landscapes in an Amount Not to Exceed
$25,000 (Project No. 911-12).
Rec: By Minute Motion, award the Purchase of Irrigation Supplies on an
as -needed basis to John Deere Landscapes, Palm Desert,
California, in an amount not to exceed $25,000 - funds are
available in General Fund Account Nos. 110-4610-453-3320 - R/M
Landscape Services, 110-4611-453-3320 - R/M Landscape
Services, 110-4611-453-3371 - Tri-Cities Sports Facility, and 110-
4614-453-3370 - R/M Medians.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2012
O. REQUEST FOR APPROVAL of Second One-year Extension of Contract
with Courtmaster Sports, Inc., for Sports Courts Cleaning Services in the
Amount of $14,661.82 (Contract No. C29832).
Rec: By Minute Motion: 1) Approve the subject one-year contract
extension with Courtmaster Sports, Inc., North Palm Springs,
California, for Sports Court Cleaning Services in the amount of
$14,661.82; 2) authorize the Mayor to execute said contract - funds
are available in General Fund Account Nos. 110-4611-453-3325 -
R/M Other and 110-4610-453-3321 - R/M Civic Center Park.
P. REQUEST FOR APPROVAL of Change Order No. 1 in the Amount of
$18,085 to Contract No. C30700 - Chemical Acquisition at the Palm
Desert Aquatic Center.
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the Amount
of $18,085 to the subject contract with Knorr Systems, Inc., Santa
Ana, California; 2) authorize the Mayor to execute Change Order
No. 1 -- funds are available in Account No. 242-454-9454-2111 -
Aquatic Center Chemicals.
Q. REQUEST FOR AUTHORIZATION to Release Security for Precise Plan
No. 05-29 - Spyder Circle and Dinah Shore Drive (PVJ Associates, LLC,
Applicant).
Rec: By Minute Motion, authorize release of the security for Case No. PP
05-29 (PVJ Showroom).
R. REQUEST FOR AUTHORIZATION to Release Security for Precise Plan
No. 06-01 - The Vineyards, Located on Cook Street Between University
Park Drive and Frank Sinatra Drive (Sinatra & Cook Project, LLC,
Applicant).
Rec: By Minute Motion, authorize release of the security for Case No. PP
06-01 - The Vineyards.
C^'.
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2012
S. REQUEST FOR APPROVAL of Exemptions from 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
July 2012 and June 2013.
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 July 2012 and June 2013; 1) July 9,
2012, for Lorraine Klotz and Ed Seeberger; 2) September 24, 20127
for Ryan Campbell, Mario Pikus, and Richard Rowland; 3)
December 10, 2012, for Dennis Johnson, George Kenton, and
Christina Lange; 4) April 22, 2013, for Ronald Backer.
T. CONSIDERATION of Legislative Review Committee Recommendation to
Provide a Letter of Opposition to AB 2312 (Ammiano) - Medical Marijuana
Regulation.
Rec: By Minute Motion, concur with the recommendation of the
Legislative Review Committee and authorize the Mayor to send a
letter of opposition to AB 2312 (Ammiano).
XI. CONSENT ITEMS HELD OVER
XII. RESOLUTIONS
A. RESOLUTION NO. 2012 - 32AA RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE
NEW ADJUSTED RATE SCHEDULE OF FEES (EXHIBIT 3 FOR
RESIDENT, 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.
Rec: Waive further reading and adopt.
Action:
VA
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2012
B. RESOLUTION NO. 2012 - 36 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST
AMENDMENT TO REIMBURSEMENT AGREEMENT WITH RESPECT
TO THE PALM DESERT FINANCING AUTHORITY'S ENERGY
INDEPENDENCE PROGRAM, VARIABLE RATE DEMAND LEASE
REVENUE BONDS, SERIES 2009 (FEDERALLY TAXABLE).
Rec: Waive further reading and adopt.
Action:
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
XIV. NEW BUSINESS
A. CONSIDERATION OF THE APPROVAL OF AN ENCROACHMENT INTO
THE PUBLIC RIGHT-OF-WAY FOR OUTDOOR SEATING LOCATED AT
73-520 EL PASEO (APN 627-211-024). Case No. MISC 12-78, (John
Wessman, Applicant).
Rec: By Minute Motion, deny the Applicant's request at this time.
B. REQUEST FOR APPROVAL OF FUNDS FOR ANNUAL COMPUTER
SOFTWARE MAINTENANCE WITH SUNGARD PUBLIC SECTOR IN
THE AMOUNT OF $55,657.04.
Rec: By Minute Motion, approve payment to SunGard Public Sector in
the amount of $55,657.04 to provide computer software
maintenance for one year - funds are available in Account No. 110-
4190-415-3360.
Action:
A
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2012
C. REQUEST FOR AWARD OF CONTRACT TO DBX, INC., IN THE
AMOUNT OF $159,093 FOR TRAFFIC SIGNAL MODIFICATIONS ON
FRED WARING DRIVE AT SAN PASCUAL AVENUE (CONTRACT NO.
C23480A, PROJECT NO. 566-05).
Rec: By Minute Motion: 1) Award the subject contract for Traffic Signal
Modifications on Fred Waring Drive at San Pascual Avenue to DBX
Inc., Temecula, California, in the amount of $159,093; 2) authorize
the Director of Finance to set aside a 10% contingency for the
project in the amount of $15,909.30; 3) authorize the Mayor to
execute said contract - funds are available in Account No. 234-
4276-422-4001 - Traffic Signal Public Safety - no General Fund
money being used.
D. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT WITH
THE COUNTY OF RIVERSIDE FOR THE PAVING OF CAHUILLA WAY
CONTRACT NO. C31900).
Rec: By Minute Motion, approve of and authorize the Mayor to execute
the subject Reimbursement Agreement with the County of
Riverside for the paving of Cahuilla Way at an estimated cost of
$113,000 - funds are available in Account No,. 110-4311-433-3320
- Street Maintenance.
E. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT WITH
THE COACHELLA VALLEY WATER DISTRICT (CVWD) FOR THE
ADJUSTMENT OF VALVE AND MANHOLE COVERS (CONTRACT NO.
C31910).
Rec: By Minute Motion, approve of and authorize the Mayor to execute
the subject Reimbursement Agreement with Coachella Valley
Water District for the Adjustment of Valve and Manhole Covers.
F-IT4 e ,
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2012
F. REQUEST FOR SELECTION OF EITHER "DESERT MELODIES" OR
"ASCENSION" FOR PURCHASE FROM THE 2011/2012 EL PASEO
INVITATIONAL EXHIBITION FOR PLACEMENT ON THE VACANT ART
PAD ON EL PASEO JUST WEST OF HIGHWAY 74.
Rec: By Minute Motion, select either "Desert Melodies" or "Ascension"
for purchase from the 2011/2012 El Paseo Invitational Exhibition for
placement on the vacant art pad on El Paseo just west of Highway
74 - funds are available in Account No. 436-4650-454-4001.
F-IT41 Me,
G. CONSIDERATION OF REQUEST FOR FUNDING FROM THE SEA AND
DESERT INTERPRETIVE ASSOCIATION (SDIA).
Rec: By Minute Motion: 1) Consider funding the Sea and Desert
Interpretive Association Request in the amount of $10,000 to match
the California State Parks Foundation effort to keep the Salton Sea
State Recreation Area open after June 2012; 2) allocate $10,000
from the General Fund Community Contingency to fund the
contribution.
F-IT41 Me,
XV. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF CHANGE OF ZONE FROM PLANNED
RESIDENTIAL - FIVE DWELLING UNITS PER ACRE (PR 5) TO
PLANNED RESIDENTIAL - 20 DWELLING UNITS PER ACRE (PR 20)
FOR THE AREA DESCRIBED IN EXHIBIT "A" OF THE
ACCOMPANYING STAFF REPORT, IN COMPLIANCE WITH STATE
LAW AND THE APPROVED HOUSING ELEMENT (APN 694-310-005),
Case No. C/Z 12-76 (City of Palm Desert, Applicant) (Continued from the
meeting of May 24, 2012).
Rec: 1) Waive further reading and pass Ordinance No. 1240A to
second reading, approving Change of Zone 12-76 as described
in its Exhibit "A" attached thereto.
Action:
2) By Minute Motion, direct staff to work with the surrounding
residents in the next Housing Element Update cycle beginning
in the fall of 2012, to restudy for down -zoning all or a portion of
the area identified in the aforementioned Exhibit 'A," to the
extent feasible while maintaining compliance with all
applicable Housing and other laws.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2012
XVI. OLD BUSINESS
A. REQUEST FOR AUTHORIZATION TO NEGOTIATE A SPECIAL
EVENTS PERMIT WITH MARTHA'S VILLAGE AND KITCHEN TO HOST
THE 2012 MARTHA'S VILLAGE THANKSGIVING 5K ON EL PASEO.
Rec: By Minute Motion, direct staff to negotiate a Special Events Permit
with Martha's Village and Kitchen for the 2012 Martha's Village
Thanksgiving Day 5K on El Paseo.
Action:
XVII. PUBLIC HEARINGS
A. ADOPTION OF RESOLUTION RELATIVE TO DEVELOPMENT SERVICE
FEES.
Rec: Waive further reading and adopt Resolution No. 2012 - 37,
amending Development Service Fees and reinstating permit fees
for solar panel installation and water heater, pool pump, and HVAC
inspection.
Action:
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meeting Summaries for the Period of May 16 - June
5, 2012.
Rec: Receive and file.
B. CITY ATTORNEY
C. CITY CLERK
D. PUBLIC SAFETY
1. Fire Department
2. Police Department
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. City Council Requests for Action:
JUNE 14, 2012
2. City Council Consideration of Travel Reauests and Reports:
3. City Council Committee Reports:
4. City Council Comments:
5. Suggested Items for Future City Council Meeting Agendas:
XIX. ADJOURNMENT
101ILI]NAiv, IAAIlki[4'ia
June 19, 2011
2.00 p.m.
Marketing Committee
Administrative Conference Room
6.00 p.m.
Planning Commission
Civic Center Council Chamber
June 20, 2012
9.00 a.m.
Art In Public Places Commission
Community Services Conference Room
3.00 p.m.
Library Promotion Committee
-CANCELED-
3.45 p.m.
City Council Compensation Committee
Administrative Conference Room
June 26, 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
June 28, 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 8th day of June, 2012.
Rachelle D. Klassen, City Clerk
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