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HomeMy WebLinkAbout2012-05-10 AGENDAPOSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 10, 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 Reauest for Closed Session: 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: 77115 Florida Avenue (APN 637-263-010), Palm Desert; 74131 El Cortez Way (APN 625-062-012), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 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 - Councilmember Cindy Finerty VII. INVOCATION - Councilmember Jan C. Harnik 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 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 to the Palm Desert Agency 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 TO RECOGNIZE SHIMER FOR THEIR SERVICE TO ITS MARKETING COMMITTEE. Action: JENNA LEMASTER AND MICHAEL THE CITY OF PALM DESERT AND POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 B. PRESENTATION OF APPRECIATION TO THE CITY OF PALM DESERT BY THE FRIENDS OF THE CULTURAL CENTER, INC., (D.B.A. MCCALLUM THEATRE). Action- C. REQUEST FOR ACCEPTANCE OF LETTERS OF RESIGNATION FROM CURRENT PALM DESERT YOUTH COMMITTEE MEMBERS, APPOINTMENT OF NEW MEMBERS TO THE PALM DESERT YOUTH COMMITTEE, AND RECEIVE PRESENTATIONS ON THE PLASTIC BAG RECOMMENDATION AND ANTI -BULLYING PROJECT. Rec: By Minute Motion: 1) Accept letters of resignation from the following Palm Desert Youth Committee Members: Kevin Autran, Laura Baldwin, Adam Chaplin, Marvin Chen, Henry Clark, Mykolas Marcinkevicius, and Brain Rohrbaugh. 2) Appoint the following individuals to the Palm Desert Youth Committee to fulfill the unexpired terms of the former members: Roman Bloch, Windy Chisem, Yung Kim, Andrew Mehta, Tyler Newcomb, Don Sandoval-Heglund, and Taylor Schmidman. 3) Receive presentation on the Palm Desert Youth Committee's Plastic Bag Recommendation. 4) Receive update on the Palm Desert Youth Committee's Anti - bullying 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 April 26, 2012. Rec: Approved as presented. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 241, 242, 247, and 248. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of March 2012 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. D. AUDIT, INVESTMENT & FINANCE COMMITTEE MINUTES for the Meeting of March 27, 2012. Rec: Receive and file. E. REQUEST FOR ADOPTION of Resolutions, Setting Forth Findings and Authorizing the Destruction of Paper Files from Department of Building & Safety that Have Been Digitally Imaged for the Months of June 2011, July 2011, and August 2011. Rec: Waive further reading and adopt Resolution Nos.: 1) 2012-26 - June 2011 Records; 2) 2012-27 - July 2011 Records; 3) 2012-28 - August 2011 Records. F. REQUEST FOR AUTHORIZATION to Use Named Vendors for Purposes of Providing Recurring, Routine Services, Supplies, and Maintenance to the Desert Willow Golf Resort. Rec: By Minute Motion, authorize the use of vendors on the accompanying staff report's Desert Willow Golf Resort Vendor List for the purposes of providing recurring, routine services, supplies, and maintenance to the Desert Willow Golf Resort in an amount not to exceed $25,000 per vendor for a 15-month period ending June 30, 2012, pursuant to Section 3.32.110 of the Palm Desert Municipal Code. G. REQUEST FOR AWARD OF CONTRACT for Industrial Uniform Rental and Laundry Services to Prudential Overall Supply in the Amount of $15,974.40 (Contract No. C31650). Rec: By Minute Motion: 1) Award the subject contract for Industrial Uniform Rental and Laundry Services to Prudential Overall Supply, North Palm Springs, California, in the amount of $15,974.40 for the period of July 1, 2012 - June 30, 2014; 2) authorize the Mayor to execute said contract - funds are available in Account No. 110-4310-433-2140 - Street Maintenance/Supply-Uniform Rentals. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 H. REQUEST FOR AUTHORIZATION to Install Gate to Close a Short Segment of Arrow Trail at the Intersection of Buckboard Trail. Rec: By Minute Motion, authorize installation of a gate to close a short segment of Arrow Trail to vehicular traffic at the intersection of Arrow Trail and Buckboard Trail. CONSIDERATION of Legislative Review Committee Recommendation to Provide Letter of Opposition for AB 1450 (Allen) - Employment Advertising. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and provide a letter of opposition to AB 1450 (Allen). J. CONSIDERATION of Legislative Review Committee Recommendation to Provide a Letter of Opposition for AB 1993 (Ma) - Unlicensed Drivers and Peace Officer Impound of Vehicles. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and provide a letter of opposition for AB 1993 (Ma). K. CONSIDERATION of Legislative Review Committee Recommendation to Provide a Letter of Opposition for AB 2039 (Swanson) - Employee Leave. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and provide a letter of opposition for AB 2039 (Swanson). L. CONSIDERATION of Legislative Review Committee Recommendation to Provide a Letter of Support for SB 964 (Wright) - Waste Discharge Requirements and Permits. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and provide a letter of support for SB 964 (Wright). M. CONSIDERATION of Legislative Review Committee Recommendation to Provide a Letter of Opposition for the Regional Water Quality Control Board Restructuring Proposal. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and provide a letter of opposition to the Governor's Regional Water Quality Control Board Restructuring Proposal. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 N. CONSIDERATION of an Exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for an Event at the Palm Springs Art Museum -Palm Desert (The Galen) on May 16, 2012. Rec: By Minute Motion: 1) Approve an exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for a May 16, 2012, event at the Palm Springs Art Museum -Palm Desert (The Galen) located at 72- 567 Highway 111; 2) authorize the City Manager to execute the Temporary Use Permit associated with this event. O. LETTERS Sent to Senators Boxer and Feinstein in Support of H.R. 872 - "The Reducing Regulatory Burdens Act of 2011." Rec: Receive and file. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2012-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 08-02 - RETIREE SERVICE STIPEND PROGRAM FOR EMPLOYEES AND MEMBERS OF THE CITY COUNCIL. Rec: Waive further reading and adopt. FTITAMe , B. RESOLUTION NO. 2012-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH THE ADMINISTRATIVE CITATION SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE PALM DESERT MUNICIPAL CODE. Rec: Waive further reading and adopt. Action - POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS MAY 10, 2012 A. REQUEST FOR APPROVAL OF $50,000 IN FACADE ENHANCEMENT PROGRAM FUNDING TO WESSMAN HOLDINGS, LLC, FOR THE BUILDING LOCATED AT 73-520 EL PASEO (Wessman Holdings, LLC, Applicant). Rec: By Minute Motion, Program funding to located at 73-520 El 400-4800-454-3875. approve $50,000 in Facade Enhancement Wessman Holdings, LLC, for the building Paseo - funds are available in Account No. B. REQUEST FOR RESCISSION OF THE HIRING FREEZE ENACTED ON JANUARY 22, 2009. Rec: By Minute Motion, rescind the Hiring Freeze enacted January 22, 2009, and direct the City Manager to fill allocated and budgeted positions as approved in the annual Salary and Allocated Positions Resolutions, in accordance with normal City procedures. Action: VA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 C. REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION TO THE CONTRACT WITH KNORR SYSTEMS, INC., IN THE AMOUNT OF $109,515 FOR MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION AT THE PALM DESERT AQUATIC CENTER FOR FISCAL YEAR 2012-2013 (CONTRACT NO. C30701). Rec: By Minute Motion: 1) Approve the subject one-year contract extension with Knorr Systems, Inc., Santa Ana, California, for mechanical maintenance services and chemical acquisition at the Palm Desert Aquatic Center in the amount of $109,515; 2) authorize the Mayor to execute said contract - funds are available in Account Nos. 242-4549-454-2111 and 242-4549-454-3311 in the proposed FY 2012-2013 Operating Budget. F-IT41 Me, D. REQUEST FOR AWARD OF CONTRACT FOR THE 2012 CITYWIDE STRIPING PROGRAM TO STATEWIDE STRIPES, INC., IN THE AMOUNT OF $262,773.83 (CONTRACT NO. C31450, PROJECT NO. 564-12). Rec: By Minute Motion: 1) Award the subject contract for the 2012 Citywide Striping Program to Statewide Stripes, Inc., San Diego, California, in the amount of $262,773.83; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the total amount of $26,277.38; 3) authorize the Mayor to execute said contract - funds are available in Account No. 110-4315-433-3320 - Striping. F-IT41 Me, E. CONSIDERATION OF RESIDENT RATE FOR DESERT WILLOW GOLF RESORT. Rec: By Minute Motion: 1) Approve the resident fee policy to increase the $45.00 resident rate at Desert Willow by CPI (Consumer Price Index) on whole -dollar increments; 2) direct staff to prepare and bring back a Resolution to the City Council at the appropriate time to raise the rate when applicable. Action: A POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 F. REQUEST FOR REVIEW AND APPROVAL OF THE OUTSIDE AGENCY FUNDING (CHARITABLE CONTRIBUTIONS) FOR FISCAL YEAR 2012- 2013. Rec: By Minute Motion: 1) Approve the award of charitable contributions in the total amount of $190,000 to the agencies listed in the accompanying staff report, with associated restrictions and conditions; 2) authorize the Mayor to execute agreements with said agencies for awarded funding. G. CONSIDERATION OF DONATION TO CAL STATE UNIVERSITY, SAN BERNARDINO, PRESIDENT'S FUND IN HONOR OF RETIRING PRESIDENT ALBERT KARNIG. Rec: By Minute Motion: 1) Consider providing a $10,000 donation to the President's Fund to support the Cal State, San Bernardino, President's Academic Excellence Scholarship Program and other preferred scholarships; 2) allocate $10,000 from the General Fund Community Contingency to fund the contribution. Action: XV. CONTINUED BUSINESS XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 5 TO CONTRACT NO. C22310A WITH RBF CONSULTING, INC., FOR ADDITIONAL DESIGN SERVICES FOR THE MONTEREY AVENUE INTERCHANGE RAMP MODIFICATION PROJECT ON INTERSTATE 10 (PROJECT NO. 669-02). Rec: By Minute Motion, approve Amendment No. 5 in the amount of $171,804 to the subject contract with RBF Consulting, Inc., Ontario, California, for additional design services to complete plans, specifications, estimate bidding, award, and construction support services for the Monterey Avenue Interchange Ramp Modification Project on Interstate 10 - funds are available in Measure "A" - Monterey Ramp Modification Account No. 213-4389-433-4001. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 B. REQUEST FOR APPOINTMENT OF CITY COUNCIL COMPENSATION AD HOC CITIZEN'S COMMITTEE. Rec: By Minute Motion, make appointments to the City Council Compensation Ad Hoc Citizen's Committee from the nominations provided by City Councilmembers and as presented by the City Manager. Action: XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE OUTSIDE AGENCY FUNDING COMMITTEE'S FISCAL YEAR 2012-2013 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING RECOMMENDATIONS AND ONE- YEAR ACTION PLAN. Rec: By Minute Motion: 1) Approve Outside Agency Funding Committee's FY 2012- 2013 Community Development Block Grant (CDBG) funding recommendations as proposed. 2) Approve FY 2012-2013 CDBG One-year Action Plan. 3) Authorize the City Manager to sign CDBG One-year Action Plan Certifications. 4) Authorize staff to submit the CDBG One-year Action Plan to the U.S. Department of Housing and Urban Development (HUD). Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of April 18 - May 1, 2012. Rec: Receive and file. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 10, 2012 B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY i. Fire Department 2. Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL i. City Council Requests for Action: 2. City Council Consideration of Travel Requests and Reports: 3. City Council Committee Reports: 4. City Council Comments: s. Suggested Items for Future City Council Meeting Agendas: XIX. ADJOURNMENT 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FUTURE MEETINGS: MAY 10, 2012 May 9, 2012 10:00 a.m. Citizen's Sustainability Committee Administrative Conference Room May 15, 2012 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber May 16, 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 May 22, 2012 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room May 24, 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 4th day of May, 2012. Rachelle D. Klassen, City Clerk 12