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HomeMy WebLinkAboutAGENDA 28 FEB 2013 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 28, 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: NEC Shadow Mountain Drive/Larkspur Lane (APNs 627-262-008 and 627-262-011), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/Ruth Ann Moore/City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 2) Property: 72-990 Highway 111 (APN 640-140-019), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/Ruth Ann Moore/ POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2013 City of Palm Desert Property Owner: City of Palm Desert 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 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE - Mayor Jan C. Harnik VII. INVOCATION - Councilman Robert A. Spiegel VIII. ORAL COMMUNICATIONS – 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 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., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS None X. CONSENT CALENDAR 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2013 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 February 14, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 158 and 162. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Embassy Suites Palm Desert Resort, 74700 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mic and Moe's, 37011 Cook Street, Suite 101, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mitch's On El Paseo Prime Seafood, 73951 El Paseo, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Schmidy's Tavern, 72286 Highway 111, Suites J3 & J4, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Wolfgang Puck Pizza Bar, 73130 El Paseo, Suites I & J, Palm Desert. Rec: Receive and file. H. RESOLUTION NO. 2013 - 12 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2013 Destruction of Paper Records from the Office of the City Clerk That Have Been Digitally Imaged (February 14, 2013, List). Rec: Waive further reading and adopt. I. REQUEST FOR RATIFICATION of Lease of Office Space Nos. 4 and 5 at the Portola Community Center by Academic Journey/Danitza Borges. Rec: By Minute Motion, ratify Academic Journey's Lease of Office Space No. 4 as of March 1, 2013, and Office Space No. 5 as of February 1, 2013, at the Portola Community Center. J. REQUEST FOR APPROVAL of Amendment to Contract No. 31340 with PMC World - Agreement for the Update to Title 25 - Zoning - Palm Desert Municipal Code, Extending Time of the Contract by Six Months to August 28, 2013. Rec: By Minute Motion, amend the subject contract with PMC World for an additional six months' time to complete the update to Title 25 - Zoning - Palm Desert Municipal Code - there are no funds required for extending the contract time. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31880 - Palm Springs Art Museum-Palm Desert Improvements Project (Project No. 872-12) (Zeus Construction, Palm Desert, 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. L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31940 - Roof Replacements at the Sheriff's Substation and Fire Station Nos. 33 and 71 (Project No. 761-13) (Garland/DBS, Inc., Cleveland, OH). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. M. REQUEST FOR RATIFICATION of City Manager's Approval to Reimburse Southern California Edison Company in the Amount of $30,724.66 for 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2013 Electrical Line Extension Services Provided as Part of the Freedom Park Construction Project. Rec: By Minute Motion, ratify the City Manager's approval to reimburse Southern California Edison Company in the amount of $30,724.66 for electrical line extension services provided as part of the Freedom Park Construction Project. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2013-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESTATING THE CITY OF PALM DESERT IRS SECTION 125 FLEXIBLE BENEFITS PLAN. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. 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 adopt. Action: 2. ORDINANCE NO. 1253 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2013 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 adopt. Action: XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO WESTCON CONSTRUCTION GROUP, INC., IN THE AMOUNT OF $88,738 FOR CONSTRUCTION OF THE 2013 CURB RAMP MODIFICATION PROJECT (CONTRACT NO. 32490, PROJECT NO. 753-13). Rec: By Minute Motion: 1) Award the subject contract for construction of the 2013 Curb Ramp Modification Project to Westcon Construction Group, Inc., Indio, California, in the amount of $88,738; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $8,873.80; 3) authorize the Mayor to execute said contract - funds are available in Account Nos. 110- 4312-433-3320 - ADA Curb Ramp and 231-4312-433-4001 - New Construction Tax/ADA Curb Ramp. Action: B. REQUEST FOR APPROVAL OF A FUNDING AGREEMENT BETWEEN PALM DESERT COUNTRY CLUB AND THE CITY OF PALM DESERT FOR SERVICES RELATED TO THE FORMATION OF A LANDSCAPE AND LIGHTING DISTRICT OR COMMUNITY FACILITIES DISTRICT. Rec: By Minute Motion, authorize the City Manager to: 1) Execute the subject Funding Agreement between Palm Desert Country Club (PDCC) and the City of Palm Desert, allowing PDCC to place funds in trust for the purpose of creating a Landscape and Lighting District (LLD) or Community Facilities District (CFD) (Contract No. C32580A); 2) enter into an agreement with Willdan Financial Services to provide Special District Engineering Services related to the PDCC Golf Course (Contract No. C32580B) - PDCC funds to be placed in Trust Account No. 610-0000-228-3000 for this purpose. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2013 C. REQUEST FOR APPROVAL OF CONTRACT WITH D&B VISIONS FOR CONSULTING SERVICES RELATIVE TO THE CITY'S COMMERCIAL AND MULTI-FAMILY HOUSING RECYCLING PROGRAMS (CONTRACT NO. C32590). Rec: By Minute Motion: 1) Authorize the Mayor to enter into an Agreement with D&B Visions, Temecula, California, for Consulting Services Relative to the City's Commercial and Multi-family Housing Recycling Programs; 2) authorize expenditure of funds for this purpose in an amount not to exceed $80,000 from the Recycle Fund - Account No. 236-4195-454-3090. Action: D. REQUEST FOR AUTHORIZATION TO REIMBURSE THE PALM SPRINGS ART MUSEUM FOR HONORARIUM AND INSTALLATION COSTS IN THE AMOUNT OF $39,555.93 FOR VARIOUS SCULPTURES ON DISPLAY WITHIN THE ERIC JOHNSON MEMORIAL GARDEN (PER LEASE BETWEEN THE CITY OF PALM DESERT AND PALM SPRINGS ART MUSEUM, CONTRACT NO. C29860). Rec: By Minute Motion: 1) Approve reimbursement in the amount of $39,555.93 to the Palm Springs Art Museum for honorarium and installation costs for various sculptures on display within the Eric Johnson Memorial Garden; 2) appropriate $39,555.93 from the Unobligated General Fund for said reimbursement and transfer to Account No. 110-4800-454-3885 for this purpose. Action: E. REQUEST FOR RATIFICATION OF CITY MANAGER'S APPROVAL TO FUND THE ANNUAL FINE ART INSURANCE PREMIUM IN THE AMOUNT OF $8,250 FOR ART SCULPTURES LOCATED WITHIN THE ERIC JOHNSON MEMORIAL GARDEN PER THE LEASE AGREEMENT WITH PALM SPRINGS ART MUSEUM (CONTRACT NO. C29860). Rec: By Minute Motion: 1) Ratify City Manager's approval of $8,250 in funding for the Annual Fine Art Insurance Premium for art sculptures to be placed in the Eric Johnson Memorial Garden, per conditions of the Lease Agreement with the Palm Springs Art Museum; 2) appropriate $8,250 from the Unobligated General Fund for Fine Art Annual Insurance Premium costs and transfer to Account No. 110-4800-454-3885 for this purpose. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2013 F. REQUEST FOR DIRECTION IN RESPONSE TO INFORMATIONAL SUSTAINABILITY PLAN PROGRESS REPORT. Rec: 1) By Minute Motion, provide direction in response to informational Environmental Sustainability Plan Progress Report. 2) Upon the aforementioned consideration, by Minute Motion: a) Receive and file the Progress Report; b) direct staff to continue work on the Sustainability Plan and Committee Goals; c) determine whether or not additional resources should be considered for enhancing current efforts. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of February 4 - 15, 2013. Rec: Receive and file. Action: B. CITY ATTORNEY 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2013 C. CITY CLERK 1. Announcement of Rescheduled City Council Study Session on Thursday, March 14, 2013, at 2:00 p.m. - Administrative Conference Room for a Discussion About Palm Desert Country Club. 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 Requests and Reports: 3. City Council Committee Reports: 4. City Council Comments: 5. Suggested Items for Future City Council Meeting Agendas: XIX. ADJOURNMENT 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 2013 FUTURE MEETINGS: March 4, 2013 1:30 p.m. Oversight Board - CANCELED - 6:00 p.m. Youth Committee Administrative Conference Room March 5, 2013 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber March 12, 2013 12:00 p.m. Architectural Review Commission Community Services Conference Room March 13, 2013 3:00 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission – CANCELED - Adjourn to Mar. 19 – 2 p.m. - NWCR March 14, 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 nd not less than 72 hours prior to the meeting. Dated this 22 day of February, 2013. ___________________________ Rachelle D. Klassen, City Clerk 10