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Home My WebLink About2012-03-22 AGENDAPOSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 22, 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 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. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: 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 - Mayor Pro Tem William R. Kroonen VII. INVOCATION - Councilmember Jan C. Harnik POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 VIII. ORAL COMMUNICATIONS — B A. PRESENTATION OF ANIMAL FEATURE. 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 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 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 OF PROCLAMATION DECLARING THURSDAY, MARCH 22, 2012, AS "SALLIE FRASER DAY" IN THE CITY OF PALM DESERT. Rec: Action: B. PRESENTATION TO RECOGNIZE CAPTAIN ANDREW SHOUSE FOR HIS VALUABLE CONTRIBUTIONS TO THE CITY OF PALM DESERT AS ITS ASSISTANT CHIEF OF POLICE FROM OCTOBER 2008 TO FEBRUARY 2012. Rec: Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 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 March 8, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 198, 199, 203, and 204. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Kabobz Mediterranean Restaurant and Market, 77-932 Country Club Drive, Unit 2- 4, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mimmo's Italian Restaurant & Bar, 73-540 Highway 111, Suite 4 & 5, Palm Desert. Rec: Receive and file. E. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Paper Files from the Department of Building & Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt Resolution Nos.: 1) 2012 - 16 for March 2011 Records; 2) 2012 - 17 for April 2011 Records; 3) 2012 - 18 for May 2011 Records. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 F. REQUEST FOR APPROVAL of Program Supplement Agreement No. 009- N for Highway Safety Improvement Program Funds Between the City of Palm Desert and the State of California Department of Transportation (Caltrans) for Fred Waring Drive at San Pascual Traffic Signal Modification Project (Project No. 56-05). Rec: By Minute Motion: 1) Approve subject Program Supplement Agreement No. 009-N between the City of Palm Desert and Caltrans; 2) authorize the Mayor to execute the Agreement - funds are available in Account No. 234-4276-422-4001- Traffic Signals, with Reimbursement to be made from the HSIP Funds by Caltrans. G. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C30790 - Landscape Maintenance Area No. 7 (Project No. 907-11). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the decreased amount of ($3,825) to the subject contract with Pinnacle Landscape Company, Santa Ana, California; 2) authorize the Mayor to execute said Change Order - funds are available in their respective Landscape and Lighting Assessment District Accounts. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C26670A - Miscellaneous Drainage Improvements Project (Project No. 520-05) (Tri- Star Contracting II, Inc., Desert Hot Springs, 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. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31150 - McCallum Theatre Parking Lot Landscape Retrofit Project (Project No. 967-12) (Horizon Professional Landscape, Coachella, 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. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31320 - Refurbishment of Well No. 2 at Desert Willow Golf Resort (South West Pump & Drilling, Inc., Coachella, 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. In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 K. CONSIDERATION of Legislative Review Committee Recommendation on SB 986 (Dutton) - Disposition of Bond Proceeds from Former Redevelopment Agencies. Rec: By Minute Motion, concur with the Legislative Review Committee's recommendation and approve the recommended letter of support for SB 986 (Dutton). L. REQUEST FOR APPROVAL of the Revised Citizens On Patrol (COPS) Manual. Rec: By Minute Motion, concur with the recommendation of the Public Safety Commission and approve the Revised COPS Manual as presented. M. INFORMATIONAL REPORT on Multi -way Stop Control Installation on Alessandro Drive at San Luis Rey Avenue. Rec: Receive and file. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS XIII. ORDINANCES For Introduction: For Adoption: A. ORDINANCE NO. 1234 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE PERSONNEL SYSTEM - BY DELETING SECTION 2.52.555 - ELECTRONIC MAIL/INTERNET POLICY AND REPLACING IT WITH SECTION 2.52.555 - TECHNOLOGY AND ELECTRONIC COMMUNICATIONS POLICY. Rec: Waive further reading and adopt. B. ORDINANCE NO. 1235 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM PLANNED COMMERCIAL DISTRICT, SINGLE-FAMILY RESIDENTIAL 9000, AND OFFICE PROFESSIONAL TO PLANNED RESIDENTIAL, 16 UNITS PER GROSS ACRE, EXHIBITS A, B, AND C ATTACHED (APNs 637-071-002, 637-170-003, 637-170-004, 637-170- 007), Case No. C/Z 11-200 (Successor Agency to the Palm Desert Redevelopment Agency/Palm Desert Housing C. Authority, Applicant). Rec: Waive further reading and adopt. Action: C. ORDINANCE NO. 1236 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 3.28.020 - TRANSIENT OCCUPANCY TAX; ADDING CHAPTER 5.10 - SHORT-TERM RENTALS; AND REPEALING SECTIONS OF CHAPTER 25 - ZONING, REQUIRING A CONDITIONAL USE PERMIT FOR SHORT-TERM RENTALS. Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. REQUEST FOR DIRECTION TO STAFF CONCERNING ISSUANCE OF A TEMPORARY USE PERMIT FOR GREATER THAN 10 DAYS IN A CALENDAR YEAR TO ALLOW RECREATIONAL VEHICLE SALES AT 34-220 MONTEREY AVENUE (SAM'S CLUB), Case No. TUP 12-101 (Mike Thompson RV, Applicant). Rec: By Minute Motion, provide direction to staff on a requested Temporary Use Permit (TUP) for Recreational Vehicle (RV) sales located within the Sam's Club parking lot - upon City Council consideration, direct staff to modify, approve, or deny the proposed temporary use. B. REQUEST FOR AWARD OF CONTRACT TO MATICH CORPORATION FOR CONSTRUCTION OF THE SUMMIT RESURFACING PROJECT IN THE AMOUNT OF $668,000 (CONTRACT NO. C31430, PROJECT NO. 752-12C. C^'. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 Rec: By Minute Motion: 1) Award subject contract for Construction of the Summit Resurfacing Project to Matich Corporation, Highland, California, in the amount of $668,000; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $66,800; 3) authorize the Mayor to execute said contract; 4) authorize the City Manager to execute a Reimbursement Agreement with utility companies with facilities in the street (Contract Nos. C31430A-B-C) - funds for this project are available in the Measure "A" Street Maintenance Account, No. 213- 4311-433-3320. C. REQUEST FOR APPROVAL OF CONTRACT WITH SUNGard FOR THE PURCHASE, INSTALLATION, ONLINE AND ONSITE TRAINING FOR ONESolution SOFTWARE IN THE AMOUNT OF $318,660 PLUS APPLICABLE TAXES AND TRAVEL EXPENSES ASSOCIATED WITH ONSITE INSTALLATION AND TRAINING (CONTRACT NO. C31700). Rec: By Minute Motion, approve the subject contract with SUNGard for the purchase, installation, online and onsite training for ONESolution Software in the amount of $318,660 plus applicable taxes and travel expenses associated with onsite installation and training - funds are available in the Equipment Replacement Fund for FY 2012-2013. D. REQUEST FOR AWARD OF CONTRACT TO RELIABLE TREE CARE IN THE AMOUNT OF $71,407.80 FOR THE CITYWIDE PALM TREE PRUNING PROGRAM (CONTRACT NO. C31400, PROJECT NO. 931-12 (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion: 1) Waive minor irregularity and award subject contract for the Citywide Palm Tree Pruning Program to Reliable Tree Care, Coachella, California, in the total amount of $71,407.80 (City- $63,782.40; Housing Authority - $7,625.40); 2) authorize the Director of Finance to set aside an additional 10% contingency for the contract in the total amount of $7,140.78 (City - $67378.24-7 Housing Authority - $762.54); 3) authorize the Mayor/Chairman to execute the contract - funds are available for portion of the contract relative to the City and Assessment Districts in Parks and Recreation Account Nos. 110-4610-453-3320, 110-4611-453-33207 and 110-4611-453-3371; Repair/Maintenance Medians Account No. 110-4614-453-3370, and Assessment District fund 200 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 Accounts; and for the Housing Authority, funds are set aside in the 2011-2012 Housing Authority Operating Budget. E. REQUEST FOR APPROVAL OF A RESTRUCTURE OF THE CITY'S VISITOR INFORMATION CENTER OPERATIONS; AMENDMENT TO RESOLUTION NO. 2011-61 - THE CITY'S ALLOCATED CLASSIFICATIONS, BY CREATING THE NEW CLASSIFICATIONS OF TOURISM AND MARKETING MANAGER, VISITOR CENTER COORDINATOR, AND CUSTOMER SERVICE CLERK; AND ADOPTION OF AN ORDINANCE TO ESTABLISH A CATEGORY AND CRITERIA FOR PART-TIME EMPLOYEES. Rec: 1) Waive further reading and adopt Resolution No. 2012 - 22, amending Resolution No. 2011-61, the City's Allocated Classifications, by reclassifying the position of "Visitor Information Center" Grade 131 to "Tourism and Marketing Manager" at Salary Grade 131; adding the position of Visitor Center Coordinator at Grade 107; and adding the position "Customer Service Clerk" at Salary Grade 87; and authorize establishment of new categories within the City's Allocated Classifications. 2) Waive further reading and pass Ordinance No. 1237 to second reading, deleting Palm Desert Municipal Code Sections 2.52.300 - Types of Employment and 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, adding the category of "Part-time Regular Employee" and making certain other housekeeping changes. 3) By Minute Motion, approve lifting of the hiring freeze and authorize the hiring of one full-time and two part-time Customer Service Clerks through an abbreviated hiring process. 4) By Minute Motion, authorize reclassification of the Visitor Information Center Manager, Grade 131, to Marketing and Tourism Manager, Grade 131. FTITAMe , F. REQUEST FOR ADOPTION OF A SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT, GOVERNMENT CODE SECTIONS 81000, ET SEQ. (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 Rec: Waive further reading and adopt Resolution No. SA -RDA 006, adopting a Conflict of Interest Code Containing Designated Positions and Disclosure Categories for the Successor Agency to the Palm Desert Redevelopment Agency. 2) As Code Reviewing Body, the City Council, by Minute Motion, approve the Successor Agency to the Palm Desert Redevelopment Agency Conflict of Interest Code and all associated actions to be taken in connection therewith. Action: XV. CONTINUED BUSINESS XVI. OLD BUSINESS A. RESOLUTION NO. 2012 -03 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A HEIGHT STUDY REQUIREMENT FOR NEW DEVELOPMENT REQUESTING APPROVAL OF ANY CONSTRUCTION EXCEEDING THE HEIGHT STANDARDS. Rec: Waive further reading and adopt. Action: XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE VACATION OF DAISY LANE RIGHTS -OF -WAY AND EXCESS SIDEWALK, AND LANDSCAPE EASEMENTS ALONG SHEPHERD LANE IN TRACT NO. 29469 (Kristi Hanson Architects, Inc., Applicant) (Continued from the meeting of January 26, 2012). Rec: Waive further reading and adopt Resolution No. 2012 - 05, vacating Daisy Lane Rights -of -way and excess sidewalk, and Landscape Easements along Shepherd Lane in Tract No. 29469. B. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT TO SECTION 25.70.020 OF THE PALM DESERT MUNICIPAL CODE TO INCREASE THE NUMBER OF ARCHITECTURAL REVIEW POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2012 COMMISSIONERS FROM SEVEN (7) TO NINE (9), Case No. ZOA 12-57 (City of Palm Desert, Applicant). Rec: 1) Waive further reading and pass Ordinance No. 1238 to second reading, approving Zoning Ordinance Amendment No. 12-57 and amending Section 25.70.020 of the Palm Desert Municipal Code - Membership of the Architectural Review Commission, adding two (2) members. 2) By Minute Motion, appoint Gene Colombini and Paul Clark to the newly created positions, respectively, on the Architectural Review Commission, subject to adoption of the Ordinance and resulting effective date of May 12, 2012, each with a term ending December 31, 2016. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER A. City Manager Meeting Summaries for the Period February 29 - March 13, 2012. C. Rec: Receive and file. B. CITY ATTORNEY C. CITY CLERK A. Reminder of First City Council Study Session for Working on the Fiscal year 2012-2013 Budget - Scheduled for Wednesday, April 4, 2012, 10.00 a.m. in the Administrative Conference Room. D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING o City Council Requests for Action: o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: MARCH 22, 2012 March 27, 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 2, 2012 6.00 p.m. Youth Committee Administrative Conference Room April 3, 2012 8.30 a.m. Parks & Recreation Commission Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber April 10, 2012 12.00 p.m. Architectural Review Commission Community Services Conference Room April 11, 2012 3.30 p.m. Housing Commission North Wing Conference Room 3.30 p.m. Public Safety Commission Administrative Conference Room April 12, 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 this 16th day of March, 2012. Rachelle D. Klassen, City Clerk 11