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Home My WebLink About2012-09-27 AGENDAPOSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 27, 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 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 - 73710 Fred Waring Drive, Suite No. 210, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: The Altum Group 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. Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012 Action: VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tern William R. Kroonen VII. INVOCATION - Councilmember Jan C. Harnik VIII. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. Action: 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 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 to the Palm Desert Redevelopment Agency Board. Because the Brown Act does not allow the City Council or Successor Agency to the Palm Desert Redevelopment agency Board to take action on items not on the Agenda, members will not enter into 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 ROBYN S. RITCHEY FOR HER CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS BUILDING BOARD OF APPEALS & CONDEMNATION, 1995-2012. F-IT41 Me, B. PRESENTATION OF PROCLAMATION, DECLARING THE WEEK OF OCTOBER 7-13, 2012, AS "FIRE PREVENTION WEEK" IN THE CITY OF PALM DESERT. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012 C. PRESENTATION OF PROCLAMATION, DECLARING THE MONTH OF OCTOBER 2012 AS "FIRE PREVENTION AND MINI -MUSTER MONTH" IN THE CITY OF PALM DESERT. Action- D. REQUEST FOR REAPPOINTMENT OF DOUG WALKER TO A FOUR- YEAR TERM (JANUARY 2013 - JANUARY 2017) AS THE CITY OF PALM DESERT'S REPRESENTATIVE TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (CVMVCD) BOARD OF TRUSTEES. Rec: By Minute Motion, reappoint Douglas J. Walker as the City of Palm Desert's representative to the Coachella Valley Mosquito and Vector Control District (CVMVCD) Board of Trustees for a four-year term, January 2013 to January 2017. 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 September 13, 2012. Rec: Approve as presented. B. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of July 17, 2012. 2. Public Safety Commission Meeting of June 13, 2012. Rec: Receive and file. C. REQUEST FOR APPROVAL of Tenant Improvements in an Amount Not to Exceed $15,000 for Suite No. 210 at the Parkview Professional Office Complex, 73710 Fred Waring Drive, and Authorization for the City Manager to Approve all Expenditures up to $15,000. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012 Rec: By Minute Motion: 1) approve tenant improvements in an amount not to exceed $15,000 for Suite No. 210 at the Parkview Professional Office Complex; 2) authorize the City Manager to approve all expenditures up to $15,000; 3) appropriate $15,000 for this purpose from Fund 510. D. REQUEST FOR AUTHORIZATION for Staff to Solicit Proposals for the Desert Willow Reservoir Cover Replacement Project (Contract No. C32210, Project No. 861-12). Rec: By Minute Motion, authorize staff to solicit proposals for the Desert Willow Reservoir Cover Replacement Project - funds are available in Course and Grounds Expenses, Account No. 520-4195-495- 8031. E. REQUEST FOR AWARD OF CONTRACT to West Coast Arborists, Inc., in an Amount Not to Exceed $44,250 for Tree Pruning at Desert Willow Golf Resort (Contract No. C32070, Project No. 842-13). Rec: By Minute Motion: 1) Authorize award of the subject contract to West Coast Arborists, Inc., Anaheim, California, in an amount not to exceed $44,250 for Tree Pruning at Desert Willow Golf Resort; 2) authorize the Mayor to execute the contract - funds are available in Course and Grounds Expenses, Account No. 520-4195-495-8031. F. REQUEST FOR APPROVAL of a Professional Services Agreement with Vacation Rental Compliance in an Amount Not to Exceed $21,600 for a Contracted Program to Identify and Bring Into Compliance Palm Desert Homeowners Not Currently Complying with Palm Desert Municipal Code Section 3.28.020 - Transient Occupancy Tax (TOT) and Section 5.10 - Short-term Rentals (Contract No. C32280). Rec: By Minute Motion, approve the subject Professional Services Contract with Vacation Rental Compliance, Rancho Mirage, California, in an amount not to exceed $21,600. G. REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of Work for Contract No. C31450 - 2012 Citywide Striping Program (Project No. 564-12) (Statewide Stripes, Inc., San Diego, CA). In POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012 XI. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $23,695 to the subject contract with Statewide Stripes, Inc., San Diego, California; 2) transfer $23,695 from contingency to base for the subject contract; 3) authorize the Mayor to execute Change Order No. 1; 4) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project - funding is available in General Fund Account No. 110-4315-433-3320. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 31580 - Desert Willow Maintenance Building Site Lighting at 38-650 Portola Avenue, Also Known a 38-400 Portola Avenue (Falcon Builders, Inc., Indian Wells). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. INFORMATIONAL REPORT Related to the Highway 111 Resurfacing Project (Contract No. C31810, Project No. 752-13). Rec: Receive and file. Action: CONSENT ITEMS HELD OVER RESOLUTIONS A. RESOLUTION NO. 2012 - 65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING AN OFFER MADE IN PARCEL MAP NO. 34211-1 AS AN EASEMENT OF DRAINAGE PURPOSES, RATHER THAN IN FEE TITLE, OVER CHANNEL LOT B AND THE 15-FOOT WIDE EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES. Rec: Waive further reading and adopt. B. RESOLUTION NO. 2012 - 66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA AMENDING PORTIONS OF RESOLUTION NO. 2012-53 - SALARY SCHEDULE, SALARY RANGES, AND ALLOCATED CLASSIFICATIONS. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012 Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1241 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 2.04.040, 2.04,060, 2.04.110, 2.08.020, 2.08.030, 2.12.010, 2.16.010, 2.52.505, 2.60.030, AND 10.12.010 OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH VARIOUS CITY OFFICES. Rec: Waive further reading and adopt. F-ITOU me, B. ORDINANCE NO. 1242 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 2.36.250, 2.36.300, 2.36.430, AND REPEALING SECTION 2.36.480 OF THE PALM DESERT MUNICIPAL CODE DEALING WITH THE CONDUCT OF COUNCIL MEETINGS. Rec: Waive further reading and adopt. F-ITAme , C. ORDINANCE NO. 1243 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 5.10.050, 8.20.020, 9.24.075, AND 9.25.020 OF THE PALM DESERT C^'. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012 MUNICIPAL CODE, DEALING WITH PROPERTY MAINTENANCE ISSUES. Rec: Waive further reading and adopt. D. ORDINANCE NO. 1244 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 5.040.010, 5.04.100, 5.84.120, AND 5.84.130, AND DELETING SECTIONS 5.84.020 AND 5.84.050 OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH PEDDLING AND SOLICITATION. Rec: Waive further reading and adopt. E. ORDINANCE NO. 1245 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 4.10.070, 4.10.080, AND 4.10.120 OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH PLACEMENT OF ARTWORK. Rec: Waive further reading and adopt. F. ORDINANCE NO. 1246 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 9.24.030, 9.24.040, AND 9.24.100 OF THE PALM DESERT MUNICIPAL CODE, DEALING WITH NOISE CONTROL. Rec: Waive further reading and adopt. G. ORDINANCE NO. 1247 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, 26.24.220, 26.28.050, 26.49.060, 27.12.015, THE CITY COUNCIL OF AMENDING SECTIONS 27.12.045, 27.28.120, POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012 ADDING SECTION 27.12.056, AND DELETING SECTION 27.12.067 OF THE PALM DESERT MUNICIPAL CODE DEALING WITH CIVIL ENGINEERING. Rec: Waive further reading and adopt. UTOUMe , H. ORDINANCE NO. 1249 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.28.010 OF THE PALM DESERT MUNICIPAL CODE - CITY COUNCIL COMPENSATION AND REIMBURSEMENT. Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. REQUEST FOR REVISION OF THE CONDITIONS OF APPROVAL FOR PRECISE PLAN NO. 10-302 (FUTURE DEPARTMENT OF MOTOR VEHICLES [DMV] SITE) TO WAIVE REQUIREMENT TO CONCRETE - LINE THE (FORMER) MID -VALLEY CHANNEL (Sycamore III, LLC, Applicant). Rec: By Minute Motion, approve revision of the Conditions of Approval for PP 10-302 (future DMV site) to waive the requirement to concrete -line the (former) Mid -Valley Channel. B. REQUEST FOR AUTHORIZATION TO PURCHASE FERTILIZER PRODUCTS FROM CROP PRODUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $212,693.11 FOR THE DESERT WILLOW GOLF RESORT (CONTRACT NO. C32290, PROJECT NO. 843-13). Rec: By Minute Motion: 1) Reject the apparent low bid and declare it non- responsive; 2) authorize the Desert Willow Golf Resort to purchase fertilizer products from Crop Production Services, San Jacinto, California, in an amount not to exceed $212,693.11; 3) authorize the Mayor to execute said contract - funds are available in Course and Grounds Expenses, Account No. 520-4195-495-8031. C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 1 TO KIRKPATRICK LANDSCAPING N. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012 SERVICES, INC., FOR A 20-MONTH CONTRACT IN THE AMOUNT OF $187,000, PLUS AN AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C32160, PROJECT NO. 901-12). Rec: By Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 1 to Kirkpatrick Landscaping Services, Inc., Indio, California, for a 20-month contract in the amount of $187,000; 2) include extra repair work and services in an amount not to exceed 20% of contract amount $37,400); 3) appropriate an additional $14,800 from Unobligated General Funds to Account No. 110-4614-453-3370; 4) authorize Mayor to execute the contract - funds are available in General Fund Account No. 110-4614-453- 3370 - Repair/Maintenance Medians and Assessment District Account No. 276-4374-433-3320 - Haystack Drainage Channel. D. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 16 TO VINTAGE ASSOCIATES, INC., FOR A 20-MONTH CONTRACT IN THE AMOUNT OF $280,000, PLUS AN AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C32170, PROJECT NO. 916-12). Rec: By Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 16 to Vintage Associates, Inc., Bermuda Dunes, California, for a 20-month contract in the amount of $280,000; 2) include extra repair work and services in an amount not to exceed 20% of contract amount $56,000); 3) appropriate an additional $42,000 from Unobligated General Funds to Account No. 110-4611-453-3320; 4) authorize Mayor to execute the contract - funds are available in General Fund Account No. 110-4611-453- 3320 - R/M Landscaping Services. F-IT4 e , POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012 E. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 17 TO EXCEL LANDSCAPE INC., FOR A 20- MONTH CONTRACT IN THE AMOUNT OF $281,000, PLUS AN AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C32180, PROJECT NO. 917-12). Rec: By Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 17 to Excel Landscape Inc., Corona, California, for a 20-month contract in the amount of $281,000; 2) include extra repair work and services in an amount not to exceed 20% of contract amount $56,200); 3) appropriate an additional $8,400 from Unobligated General Funds to Account No. 110-4610- 453-3320; 4) authorize Mayor to execute the contract - funds are available in General Fund Account No. 110-4610-453-3320 - R/M Landscaping Services, Account No. 110-4611-453-3320 - R/M Landscape Services, and Account No. 110-4610-453-3371 - Tri Cities Sports Facility. F. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 18 TO VINTAGE ASSOCIATES, INC., FOR A 20-MONTH CONTRACT IN THE AMOUNT OF $148,100, PLUS AN AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C32190, PROJECT NO. 918-12). Rec: By Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 18 to Vintage Associates, Inc., Bermuda Dunes, California, for a 20-month contract in the amount of $148,100; 2) include extra repair work and services in an amount not to exceed 20% of contract amount $29,620); 3) appropriate an additional $13,640 from Unobligated General Funds to Account No. 110-4611-453-3320; 4) authorize Mayor to execute the contract - funds are available in General Fund Account No. 110-4611-453- 3320 - R/M Landscaping Services. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012 G. REQUEST FOR APPROVAL OF THE CITY OF PALM DESERT MARKETING PLAN AND RELATED DIGITAL AND PRINT MEDIA PLANS FOR FISCAL YEAR 2012-2013. Rec: By Minute Motion: 1) Concur with the Marketing Committee's recommendation and approve the Marketing Plan for Fiscal Year 2012-2013; 2) concur with the Marketing Committee's recommendation and approve Digital and Print Media Plans for Fiscal Year 2012-2013. Action: XV. CONTINUED BUSINESS A. CONSIDERATION OF PROPOSED FEE REDUCTION FOR HVAC AND WATER HEATER REPLACEMENT PERMITS WITHIN CITY OF PALM DESERT (Continued from the meeting of August 23, 2012). Rec: By Minute Motion, approve a fee structure, which incentivizes the applicant with reduced permit fees when installing more energy - efficient equipment beyond the minimum required by State Energy Code and to eliminate the issuance fee for replacement water heaters and HVAC permits. B. REQUEST FOR DIRECTION RELATED TO A -FRAME AND PEDESTAL SIGNS (Continued from the meeting of August 23, 2012). Rec: By Minute Motion, continue this item to the meeting of October 11, 2012. C. REQUEST FOR DIRECTION TO STAFF ON THE ADMINISTRATION OF CITY COUNCILMEMBER BENEFITS (Continued from the meeting of August 23, 2012). Rec: 1) Consider information to be provided by City Attorney. Action: 2) By Minute Motion, direct staff on the administration of City Councilmember Benefits. 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012 D. ORDINANCE NO. 1248 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 10.20.010, 10.20.020, 10,32.060, 10.48.120, 10.48.150, 10.72.010, 25.58.312, AND DELETING SECTIONS 10.12.030, 10.12.040, 10,32.050, 10.40.010, 10.40.030, 10.56.020, 10.60.010, AND 10.68.010 OF THE PALM DESERT MUNICIPAL CODE DEALING WITH TRAFFIC ISSUES (Continued from the meeting of September 13, 2012). Rec: Waive further reading and pass to second reading. E. REQUEST FOR APPROVAL OF SOLID WASTE AND RECYCLE ROUTE CHANGE FOR PALM DESERT RESORTER, PALM VALLEY COUNTRY CLUB, AND DESIGNATED RESIDENTIAL AREAS (Continued from the meeting of September 13, 2012). Rec: By Minute Motion, continue this matter to the meeting of October 11, 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 September 1- 14, 2012. Rec: Receive and file. B. CITY ATTORNEY 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012 C. CITY CLERK 1. Reminder of City Council Study Session Scheduled for Thursday, October 11, 2012, at 2.00 p.m., Administrative Conference Room, for a Discussion Regarding the City's Economic Development Strategy Plan. Action- 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 Reauests and Reports 3. City Council Committee Reports: 4. City Council Comments: 5. Suggested Items for Future City Council Meeting Agendas: XIX. ADJOURNMENT 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2012 FUTURE MEETINGS: October 1, 2012 1.30 p.m. Oversight Board Administrative Conference Room 6.00 p.m. Youth Committee Administrative Conference Room October 2, 2012 8.30 a.m. Parks & Recreation Commission Administrative Conference Room 6.00 p.m. Planning Commission Civic Center Council Chamber October 8, 2012 1.30 p.m. Oversight Board —Special Meeting Administrative Conference Room October 9, 2012 12.00 p.m. Architectural Review Commission Community Services Conf. Room October 10, 2012 3.30 p.m. Housing Commission North Wing Conference Room 3.30 p.m. Public Safety Commission Administrative Conference Room October 11, 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 21 st day of September, 2012. Rachelle D. Klassen, City Clerk 14