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Home My WebLink AboutAGENDA 10 JAN 2013 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 10, 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 Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 1) City of Palm Springs v. All Persons Interested, etc., et al., Riverside County Superior Court, Case No. INDIO 51124 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 TO THE FLAG OF THE UNITED STATES OF AMERICA - Mayor Pro Tem Jean M. Benson POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2013 VII. INVOCATION - Mayor Jan C. Harnik VIII. ORAL COMMUNICATIONS – 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 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 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 Meetings of December 13 and December 27, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 113, 114, 118, 119, 124, 125, 128, 129, 133, and 135. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#717) by Heirs of Gerald Weiss in the Amount of $15,000.000. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2013 Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#718) by Araceli L. McDougal in the Amount of $389,347.53. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Total Wine & More, 72-339 Highway 111, #339, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Wineville USA, 42-815 Kansas Street, Palm Desert. Rec: Receive and file. G. MARKETING COMMITTEE MINUTES for the Meeting of November 20, 2012. Rec: Receive and file. H. REQUEST FOR AUTHORIZATION to Utilize Vendors on an Authorized Motorcycle Maintenance Vendors List for Repairs to City-owned Police Vehicles, Communication, RADAR and LIDAR Equipment. Rec: By Minute Motion, authorize the Palm Desert Police Department to utilize vendors on the Authorized Motorcycle Maintenance Vendors List, as presented in the Riverside County Sheriff's Memorandum dated May 22, 2012 - funds are available in the FY 2012-2013 Police Department Budget. I. REQUEST FOR AUTHORIZATION for Purchase of Storage Area Network (SAN) in the Amount of $31,399.37 Under the DELL Government Pricing Contract. Rec: By Minute Motion, approve the purchase of a Storage Area Network (SAN) to increase storage space for all the City's electronic files and servers in the amount of $31,399.37 - funds are budgeted in Account No. 530-4190-415-4040. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2013 J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31440 - 2012 Citywide Slurry Seal Project (Project No. 751-12) (Roy Alan Slurry Seal, Inc., Santa Fe 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. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31850 - Civic Center Parking Lot Resurfacing Project (Project No. 750-12) (Ben's Asphalt, Santa Ana, 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 APPROVAL of Temporary Use of Alcohol for the Desert Recreation District's 13th Annual International Sports Festival (a.k.a. Senior Games) Opening Ceremony to be Held on February 8, 2013, at the Palm Desert Civic Center Park Amphitheater. Rec: By Minute Motion, approve the temporary waiver of Palm Desert Municipal Code Section 11.01.080 (W) - Possession/Consumption of Alcohol in City Parks, pursuant to Palm Desert Municipal Code Section 9.58.040, for the subject event. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2013 - 01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE SUBDIVISION MAP OF PARCEL MAP NO. 36395 (Kambiz Kamdar, c/o Ark Construction and Development, Inc., Applicant). Rec: Waive further reading and adopt. Action: 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2013 XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF A SECOND AMENDMENT AND RESTATED JOINT POWERS AGREEMENT, CREATING A REGIONAL AIRPORT AUTHORITY TO BE KNOWN AS JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (CONTRACT NO. C08462). Rec: By Minute Motion: 1) Approve the Second Amendment and Restated Joint Powers Agreement, Creating a Regional Airport Authority to be known as the Jacqueline Cochran Regional Airport Authority (JCRAA); 2) authorize the Mayor to execute the Agreement; 3) appropriate $2,500 from the Unobligated General Fund and transfer to Account No. 110-4159-415-3630 to fund increase in the annual JCRAA Membership dues. Action: B. REQUEST FOR AWARD OF CONTRACT TO DIAMOND CONTRACT SERVICES, INC., IN AN AMOUNT NOT TO EXCEED $105,190.22 FOR CITY FACILITIES JANITORIAL SERVICES (CONTRACT NO. C32350, PROJECT NO. 771-13). Rec: By Minute Motion: 1) Declare Williams & Associates Plus One bid as non-responsive and reject; 2) authorize award of the subject contract to Diamond Contract Services, Inc., La Quinta, California, for the City Facilities Janitorial Services in an amount not to exceed $105,190.22; 3) authorize the Director of Finance to set aside $10,519.22 as 10% contingency for the contract; 4) appropriate $115,709.24 from the Unobligated General Fund to Building Maintenance Janitorial Services, Account No. 110-4340-413-3326 for the contract; 5) authorize the Mayor to execute said contract. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2013 C. REQUEST FOR AWARD OF CONTRACT TO ANDERSON AIR CONDITIONING, L.P., IN AN AMOUNT NOT TO EXCEED $983,000 FOR THE CIVIC CENTER SHERIFF SUBSTATION HVAC UPGRADES (CONTRACT NO. C32000A, PROJECT NO. 763-11). Rec: By Minute Motion: 1) authorize award of the subject contract to Anderson Air Conditioning, L.P., Fullerton, California, for the Civic Center Sheriff Substation HVAC Upgrades in an amount not to exceed $983,000; 2) authorize the Director of Finance to set aside $98,300 as 10% contingency for the contract; 3) reallocate $400,000 from the Civic Center and Chamber Restroom Remodel Projects in Building Maintenance Account No. 450-4161-415-4001 to the Sheriff Substation HVAC Project; 4) authorize the Mayor to execute said contract. Action: D. REQUEST FOR APPROVAL OF THE 2013 ECONOMIC DEVELOPMENT STRATEGIC PLAN. Rec: By Minute Motion, approve the 2013 Economic Development Strategic Plan as presented. Action: XV. CONTINUED BUSINESS A. REQUEST FOR AUTHORIZATION FOR CITY STAFF TO UNDERTAKE FACILITY OPERATION OF THE PORTOLA COMMUNITY CENTER (Continued from the meetings of November 16 and December 13, 2012). Rec: By Minute Motion, continue this matter to a date uncertain. Action: B. REQUEST FOR APPROVAL OF DESIGN GUIDELINES FOR THE EL PASEO SHOPPING DISTRICT AND DIRECT STAFF TO DEVELOP PROCEDURES AND FEES FOR ESTABLISHING A SIDEWALK CAFE PERMIT (Continued from the meetings of November 15 and December 13, 2012). Rec: By Minute Motion, approve design guidelines for the El Paseo Shopping District and direct staff to develop procedures and fees for establishing a Sidewalk Cafe permit. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2013 XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of December 3 - 31, 2012. Rec: Receive and file. Action: 2. Report on History of the Appointment of Mayor/Mayor Pro Tem and Options for Appointment of Mayor Pro Tem for the December 12, 2013, City Council Meeting. Rec: By Minute Motion, select one of the options presented and direct staff to prepare a Resolution memorializing same for adoption at the next City Council Meeting. Action: B. CITY ATTORNEY C. CITY CLERK 1. Announcement of City Council Study Session - Thursday, January 24, 2013, at 2:00 p.m., Administrative Conference Room, for the Purpose of Discussing Development of the City's Updated Strategic Plan. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2013 D. PUBLIC SAFETY 1. Fire Department 2. Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: a) Consideration of City Council Appointments to Internal and External Boards, Committees, and Commissions. Rec: 1) Consider making appointments of Councilmembers to the list of various internal and external Boards, Committee, and Commissions. 2) By Minute Motion, make the requested appointments as recommended. Action: b) Request for Scheduling of City Council Study Session to Conduct Interviews of Applicants for Various Vacancies and Consider Reappointments of Members on the City’s Standing Committees and Commissions. Rec: By Minute Motion, select a mutually convenient time during the week of January 28 – February 1 to conduct City Committee/Commission applicant interviews and discuss appointments/reappointments to be placed on the February 14, 2013, Council Meeting agenda. 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 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2013 FUTURE MEETINGS: January 15, 2013 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber January 16, 2013 9:00 a.m. Art In Public Places Commission Community Services Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room January 22, 2013 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room January 24, 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 not less than 72 hours prior to the meeting. Dated this 4th day of January, 2013. ___________________________ Rachelle D. Klassen, City Clerk 9