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HomeMy WebLinkAboutAGENDA 14 FEB 2013 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 14, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. 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 Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APNs 634-224-019 (75333 Kelsey Circle North), 634- 062-028 (75455 Wildflower Lane), 634-061-038 (43840 Blueberry Lane), and 634-241-042 (43710 Kelsey Court), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Palm Desert Housing Authority Under Negotiation: x Price x Terms of Payment 2) Property: APN 634-242-015 (75313 Kelsey Circle North), Palm Desert Negotiating Parties: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/Palm Desert Housing Authority Property Owner: Karel Novak and Hanna Novak Under Negotiation: x Price x Terms of Payment 3) Property: APN 693-230-016 Negotiating Parties: Agency: John M. Wohlmuth/Mark Greenwood/City of Palm Desert Property Owner: NetREIT, Inc. 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. Action: VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNTED STATES OF AMERICA - Councilman Robert A. Spiegel VII. INVOCATION - Mayor Pro Tem Jean M. Benson VIII. ORAL COMMUNICATIONS – B 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 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 A. PRESENTATION TO RECOGNIZE PAM TOUSCHNER FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS ARCHITECTURAL REVIEW COMMISSION, 2008-2012. Rec: Action: B. PRESENTATION TO RECOGNIZE GALE BROEKER FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS CULTURAL RESOURCES PRESERVATION COMMITTEE, 2005-2012. Rec: Action: C. PRESENTATION T0 RECOGNIZE D. KENT ROUTH FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS CULTURAL RESOURCES PRESERVATION COMMITTEE, 2004-2013. Rec: Action: D. APPOINTMENTS TO VARIOUS VACANCIES ON AND REAPPOINTMENTS TO THE CITY'S STANDING COMMITTEES AND COMMISSIONS, AND APPROVAL OF RELATED ACTIONS. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 Rec: By Minute Motion: 1) Architectural Review Commission: Appoint Michael T. McAuliffe to a four-year term to fill Pam Touschner's vacancy (Jan. 1, 2013 - Dec. 31, 2016) and James G. McIntosh to Ken Stendell's term (Dec. 31, 2015). 2) Audit, Investment & Finance Committee: Appoint Stanley W. Sperling to Susan Marie Weber's term (Dec. 31, 2014). 3) Cultural Resources Preservation Committee: Appoint Leslie D. Roth to a four- year term to fill Gale Broeker's vacancy (Jan. 1, 2013 - Dec. 31, 2016); reappoint Ricki Brodie and Don Graybill each to a four-year term (Jan. 1, 2013 - Dec. 31, 2016). 4) El Paseo Business Association Board of Directors: Reappoint Elyssa Goldberg, Janet Hanson, and Susan Stauber each to a four-year term (Jan. 1, 2013 - Dec. 31, 2016). 5) Housing Commission: Ratify the four-year extension for J. Wade Tucker (Jan 1, 2012 - Dec. 31, 2015) from expiration of his term in December 2011, once dissolution of the Redevelopment Agency occurred and Council determined that the Palm Desert Housing Authority would assume all Housing activity thereafter. 6) Library Promotion Committee: Reappoint Marilyn Hahn and Ella Manor each to a four-year term (Jan. 1, 2013 - Dec. 31, 2016). 7) Marketing Committee: Appoint Nyla A. Patzner as an Alternate Member for the position currently held by Jennie Rayner (The Living Desert; term Dec. 31, 2015). 8) Parks & Recreation Commission: Appoint Lynn B. Jutovsky to fill Michael Barnard's term (Dec. 31, 2013); reappoint Deborah Hall and Mary Helen Kelly each to a four-year term (Jan. 1, 2013 - Dec. 31, 2016). 9) Planning Commission: Appoint Ken Stendell to fill Van Tanner's vacancy (Dec. 31, 2013); reappoint Nancy DeLuna to a four-year term (Jan. 1, 2013 - Dec. 31, 2016). 10) Public Safety Commission: a) Appoint Terry W. Kramer to Rick Lebel's vacancy (Dec. 31, 2014); reappoint Jim Butzbach and Marty Nethery each to a four-year term (Jan. 1, 2013 - Dec. 31, 2016); b) direct staff to prepare the necessary bylaws modification that will add two members to the Public Safety Commission, making a total body of seven (7), with appointment of Phyllis J. Harkins and Frank T. Taylor to follow at the appropriate time, each for a new term, staggered to end at Dec. 31, 2015, and Dec. 31, 2016, respectively. 11) Rent Review Commission: Reappoint Brian Torsney, Sr., to a four-year term (Jan. 1, 2013 - Dec. 31, 2016). 12) Citizen's Sustainability Committee: Appoint Tommy D. Edwards and Gregory A. Gritters each to a four-year term (Jan. 1, 2013 - Dec. 31, 2016). 13) Youth Committee: Reappoint Julien Bloch, Roman Bloch, Kaylie Chen, Windy Chisem, Will Harvey, Yung Kim, Jessica Kozlak, Andrew Mehta, Jozanne Murphy, Cassidy Quilling, Jason Rosenblum, Don Sandoval-Heglund, Daniel Sanford, Taylor Schmidman, and Wes Wohlmuth each for a one-year term (Jan. 1 - Dec. 31, 2013) Action: 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 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 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 January 24, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 147, 148, 152, 153, and 154. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of November 2012 and December 2012 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MINUTES. 1) Art in Public Places Commission Meeting of October 17, 2012. 2) Audit, Investment & Finance Committee Meeting of November 27, 2012. 3) Marketing Committee Meeting of December 8, 2012. 4) Youth Committee Meeting of January 7, 2013. Rec: Receive and file. E. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal - Desert Willow Golf Resort Equipment. Rec: By Minute Motion, declare items listed on the accompanying staff report's Exhibit "A" as surplus and authorize disposal as appropriate. F. REQUEST FOR AUTHORIZATION to Bid the Colorado Timing and Scoring System for the Palm Desert Aquatic Center (Contract No. C32540). 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 Rec: By Minute Motion, authorize staff to bid the Colorado Timing and Scoring System for the Palm Desert Aquatic Center - funds are available in Aquatic Center Fund 242, Capital Account No. 242- 4549-454-4001. G. REQUEST FOR AUTHORIZATION to Renew a One-year Lease Agreement with Donna Piszczor, d.b.a. Palm Desert RC Raceway, for the Operation of a Remote-controlled Car Racetrack on a Vacant City-owned Parcel Located on Painters Path (APN 640-091-010) (Contract No. C29463). Rec: By Minute Motion, authorize the Mayor to execute a one-year Lease Agreement with Donna Piszczor, d.b.a. Palm Desert RC Raceway, for the operation of a remote-controlled car racetrack on a vacant City-owned parcel located on Painters Path (APN 640- 091-010). H. REQUEST FOR AUTHORIZATION to Transfer Mobile Telephone Contractual Service for the Palm Desert Police Department from Spring/Nextel to Verizon Wireless to Achieve an Annual Cost Savings. Rec: By Minute Motion, approve a contractual change to the cellular service provider for the Palm Desert Police Department from Sprint/Nextel to Verizon Wireless and purchase 20 new mobile smart phones, and authorize the City Manager, or his designee, to execute any related documentation. I. INFORMATIONAL REPORT on the 2012 Holiday Theft Suppression Program. Rec: Receive and file. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2013 - 07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2012-2013 BUDGET AS A RESULT OF MID-YEAR ADJUSTMENTS. Rec: Waive further reading and adopt. B. RESOLUTION NO. 2013 - 08 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 RESOLUTION NO. 2012-37 - DEVELOPMENT SERVICE FEES RELATIVE TO FUEL CELL PERMITS AND MICROFILM FEES. Rec: Waive further reading and adopt. Action: C. RESOLUTION NO. 2013 - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING SUPPORT FOR AN ENERGY PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA EDISON, IMPERIAL IRRIGATION DISTRICT, SOUTHERN CALIFORNIA GAS COMPANY, AND THE MEMBER AGENCIES OF THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS TO BE KNOWN AS "THE DESERT CITIES ENERGY PARTNERSHIP." Rec: Waive further reading and adopt. Action: D. RESOLUTION NO. 2013 - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING, A PERMANENT EXEMPTION, AS PROVIDED FOR IN SECTIONS 24.16.055 AND 24.16.110 OF THE PALM DESERT MUNICIPAL CODE, TO ALLOW LIGHT-EMITTING DIODE (LED) PARKING LOT LIGHT FIXTURES IN PLACE OF HIGH-PRESSURE SODIUM LIGHT FIXTURES AT 77-750, 77-760, 77-770, AND 77-780 COUNTRY CLUB DRIVE (Country Club Marketplace, Applicant). Rec: Waive further reading and adopt. Action: XIII. ORDINANCES 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 For Introduction: A. ORDINANCE NO. 1252 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.16.010 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA - AUDIT, INVESTMENT & FINANCE COMMITTEE. Rec: Waive further reading and pass to second reading. Action: B. ORDINANCE NO. 1253 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 2.48.110 AND 2.48.090 OF THE PALM DESERT MUNICIPAL CODE (AMENDING ORDINANCE NOS. 758 AND 116), RELATIVE TO DISASTER ADMINISTRATION AND EMERGENCY RELIEF. Rec: Waive further reading and pass to second reading. Action: For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION FOR STAFF TO SOLICIT BIDS FOR CONSTRUCTION OF A LEFT-TURN POCKET ON MAGNESIA FALLS DRIVE AT THE PALM DESERT AQUATIC CENTER DRIVEWAY (CONTRACT NO. C32550, PROJECT NO. 622-13). Rec: By Minute Motion, authorize staff to prepare bid documents and solicit bids from qualified contractors to construct a left-turn pocket on Magnesia Falls Drive at the Aquatic Center driveway - funding to bid and construct this project is available in Aquatic Center Capital Improvements, Account No. 242-454-9454-4001. Action: B. REQUEST FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITIES OF INDIAN WELLS, 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 PALM DESERT, AND RANCHO MIRAGE FOR THE FUNDING OF A DEDICATED FORENSIC TECHNICIAN POSITION FOR THE COVE COMMUNITIES' LAW ENFORCEMENT SERVICES (CONTRACT NO. C32560). Rec: By Minute Motion, approve the subject MOU between the Cities of Indian Wells, Palm Desert, and Rancho Mirage for funding a Dedicated Forensic Technician Position for the Cove Communities' Law Enforcement Services, commencing in Fiscal Year 2013-2014, and authorize the Mayor to execute same. Action: C. REQUEST FOR APPROVAL OF AN AGREEMENT WITH THE NATIONAL CIVIC LEAGUE FOR FACILITATION AND PREPARATION OF A NEW CITY OF PALM DESERT STRATEGIC PLAN (CONTRACT NO. C32570). Rec: By Minute Motion: 1) Approve an agreement with the National Civic League in the amount of $80,000 for facilitation and preparation of a new City of Palm Desert Strategic Plan; 2) authorize the Mayor to execute said contract - funds are available in Account No. 400-4130-411-3090. Action: D. REQUEST FOR AWARD OF CONTRACT TO LAYFIELD ENVIRONMENTAL SYSTEMS CORPORATION IN AN AMOUNT NOT TO EXCEED $260,478 FOR THE DESERT WILLOW RESERVOIR COVER REPLACEMENT (CONTRACT NO. C32210, PROJECT NO. 861-12). Rec: By Minute Motion: 1) Authorize award of the subject contract to Layfield Environmental Systems Corporation, Spring Valley, California, for the Desert Willow Reservoir Cover Replacement Project in an amount not to exceed $260,478; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $26,047.80; 3) authorize the Mayor to execute the contract; 4) authorize the City Manager to approve Change Orders in an amount not to exceed 50% of the contingency ($13,023.90) - funds for the project are available in Course and Grounds Expenses Account No. 441-4195-495-8092. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 A. REQUEST FOR APPROVAL OF AN INCREASE TO PLAN REVIEW/INSPECTION CONTRACTS FOR THE BUILDING & SAFETY DEPARTMENT FOR A MID-YEAR BUDGET ADJUSTMENT. Rec: By Minute Motion, authorize an additional expenditure of $30,000 each for Professional Service Agreement (Contract No. C30940A) with Scott Fazekas & Associates, Irvine, California, and to Professional Service Agreement (Contract No. C30940B) with Willdan Engineering, San Bernardino, California, for Building Plan Review and Inspection Services for the remainder of FY 2012-2013 - the increase shall not exceed a new cumulative total of $60,000 with the approval of an additional appropriation of $30,000 conditioned upon City Council approval of Mid-year Budget Adjustment earlier on this agenda - funds are available in General Fund Account No. 110-4420-422-3010 as set forth in the FY 2012- 2013 Budget. Action: B. REQUEST FOR APPROVAL OF COOPERATIVE AGREEMENT AMENDMENT AND MAINTENANCE AGREEMENT WITH CALTRANS FOR THE MONTEREY AVENUE INTERCHANGE RAMP MODIFICATION PROJECT ON INTERSTATE 10 (PROJECT NO. 669-02). Rec: By Minute Motion, approve the following related to the Monterey Avenue Interchange Ramp Modification Project on Interstate 10: 1) Cooperative Agreement Amendment No. 1 (Contract No. C22310-D, Caltrans District Agreement No. 8-1425 A/1); 2) Maintenance Agreement for Retaining Wall and Tie Back Wall No. 930 (Contract No. C22310-G). Action: XVII. PUBLIC HEARINGS 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 A. REQUEST FOR APPROVAL OF THE PROPOSED SALE OF THE PROPERTY LOCATED AT 74537 KING FISHER CIRCLE (APN 624-441- 007), PALM DESERT, PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Rec: 1) Waive further reading and adopt City Council Resolution No. 2013 - 11, confirming that the authorization of the former Palm Desert Redevelopment Agency (the "Agency") to sell small housing projects pursuant to Health and Safety Code Section 33433(c) transferred to the Palm Desert Housing Authority as the successor to the former Palm Desert Redevelopment Agency's Housing Functions and Assets. 2) City Council and Authority Board conduct a public hearing and accept testimony on the proposed sale of the property located at 74537 King Fisher Circle (APN 624-441-007) to a qualified household of low or moderate income. 3) Following public testimony, close the public hearing and waive further reading and adopt Housing Authority Resolution No. HA - 49, approving the sale of the property pursuant to the attached draft Purchase and Sale Agreement. By Minute Motion: 4) Approve silent homebuyer assistance loans in amounts that do not exceed $80,000 in total to ensure an affordable housing cost from any available funding source restricted for such purpose (BEGIN, Housing Mitigation, Agency/Housing Authority Program Income). 5) Authorize payment of the transaction costs from the sale proceeds for the purpose of repairs required for closing, fees customary to real estate transactions in Riverside County, including escrow, title, FHA fees, inspections, vermin eradication, commissions, and disclosures. 6) Authorize use of the Falcon Crest sales program and documents, including the restrictive covenant and loan documents for the applicable funding source, in their substantial form, understanding that references will be changed as necessary to the Authority. 7) Authorize the Authority's Executive Director or his designee to finalize and execute the Purchase and Sale Agreement and any ancillary documents necessary to effectuate the sale and actions taken herewith. Action: XVIII. REPORTS AND REMARKS 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of January 14 - February 1, 2013. Rec: Receive and fille. B. CITY ATTORNEY C. CITY CLERK 1. Consideration of the Appointment of a Delegate and/or Alternate to the Southern California Association of Governments (SCAG) General Assembly, May 2-3, 2013, at the J.W. Marriott Desert Springs Resort & Spa, Palm Desert. Rec: If desired, by Minute Motion, appoint a Delegate and/or Alternate to represent the City of Palm Desert at the SCAG General Assembly, May 2-3, 2013, in Palm Desert. Action: D. PUBLIC SAFETY 1. Fire Department 2. Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2013 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 FUTURE MEETINGS: February 19, 2013 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber February 20, 2013 9:00 a.m. Art In Public Places Commission Community Services Conference Room 3:00 p.m. Library Promotion Committee Public Library – 73300 Fred Waring Drive February 26, 2013 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 February 28, 2013 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 th not less than 72 hours prior to the meeting. Dated this 8 day of February, 2013. ___________________________ Rachelle D. Klassen, City Clerk 13