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Home My WebLink AboutAGENDA 11 JUL 2013 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 11, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARDING 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: 74719 King Fisher Circle (APN 624-440-027), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/Palm Desert Housing Authority Property Owner: Jerry White and Diana M. Corica Under Negotiation: x Price x Terms of Payment 2) Property: 42148 Verdin Lane (APN 624-440-003), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Justin E. and Patricia Mansker Under Negotiation: x Price x Terms of Payment 3) Property: APN 640-140-017 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/Ruth Ann Moore/ City of Palm Desert Property Owner: Rita Spiegel/Palm Desert Partners Under Negotiation: x Price x Terms of Payment 4) Property: 43878 Portola Avenue (APN 622-200-055), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/City of Palm Desert Property Owner: Josephine v. Gaudio Trust Under Negotiation: x Price x Terms of Payment 5) Property: APNs 694-170-014 and 694-170-023 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/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(d)(2): Number of potential cases 2 C. Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(d)(4) 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 Jan C. Harnik VII. INVOCATION - Councilman Robert A. Spiegel 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 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 A. PRESENTATION OF PROCLAMATION RECOGNIZING SUNDAY, JULY 14, 2013, AS THE 100TH BIRTHDAY OF PRESIDENT GERALD R. FORD. Action: B. PRESENTATION OF PROCLAMATION DECLARING APRIL 5TH IN PERPETUITY AS "GERALD FORD DAY" IN THE CITY OF PALM DESERT. 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 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 June 27, 2013. Rec: Approve as presented. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 240, 244, 245, 258, and 251. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#722) by Pinnacle Landscape Company in the Amount of $42,574. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pho Vu, 34260 Monterey Avenue, Palm Desert. Rec: Receive and file. E. LIBRARY PROMOTION COMMITTEE Meeting Minutes for February 20, 2013. Rec: Receive and file. F. LETTER OF RESIGNATION from Kim Snyder - Art in Public Places Commission. Rec: Receive with very sincere regret. G. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C32210 - Desert Willow Reservoir Cover Replacement Project (Project No. 861-12) (Layfield Environmental System Corporation, Spring Valley, 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. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C32630 - Traffic Signal L.E.D. Indication Replacement Project (Project No. 583-13) (Siemens Industry, Inc., Anaheim, 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. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 I. REQUEST FOR APPROVAL for the Riverside County Office of Emergency Services to Provide Instructors for a community emergency Response Team (CERT) Course During summer 2013 in an Amount Not to Exceed $2,000. Rec: By Minute Motion: 1) Authorize staff to proceed with one CERT Course, with instruction provided by the Riverside County Office of Emergency Services (OES); 2) appropriate $2,000 from the Unobligated General Fund Reserves to Account No. 110-4130-411- 3090 for any costs associated with hosting one CERT Course. J. REQUEST FOR AUTHORIZATION for the Mayor to Execute Bill of Sale and Declaration document to the Coachella Valley Water District (CVWD) for Sewer Facilities Constructed in Association with the Section 29 Retention Basin Repair Project (Project No. 627-11). Rec: By Minute Motion, authorize the Mayor to execute the bill of Sale and Declaration Document to the Coachella Valley Water district for sewer facilities constructed in association with the Section 29 Retention Basin Repair Project. K. REQUEST FOR APPROVAL of the Legislative Review Committee's Recommendation to Draft Correspondence Concerning the Agua Caliente Band of Cahuilla Indians' Lawsuit Against Coachella Valley Water District (CVWD) and Desert Water Agency (DWA), and Regarding the Establishment of California Public Utilities Commission (CPUC) Rules for Video Franchise Holders. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and approve sending letters to the Agua Caliente Band of Cahuilla Indians and CPUC concerning separate matters as outlined in the accompanying staff report. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION FOR CITY MANAGER TO ASSIGN SENIOR MANAGEMENT ANALYST OF THE CITY MANAGER'S OFFICE TO THE VACANT SEAT ON THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PROGRAM'S TRAILS MANAGEMENT SUBCOMMITTEE. Rec: By Minute Motion, authorize the City Manager to assign the Senior Management Analyst of the City Manager's Office to fill the vacant seat on the Multiple Species Habitat Conservation Program's Trails Management Subcommittee. Action: B. REQUEST FOR AUTHORIZATION OF THE AWARD OF CONTRACT TO WEST COAST ARBORISTS, INC., FOR TREE PRUNING AT DESERT WILLOW GOLF RESORT IN AN AMOUNT NOT TO EXCEED $51,750 (CONTRACT NO. C32830, PROJECT NO. 842-14). Rec: By Minute Motion, authorize: 1) Award of the subject contract to West Coast Arborists, Inc., Anaheim, California, for tree pruning at the Desert Willow Golf Resort in an amount not to exceed $51,750; 2) Mayor to execute contract - funds are available in Course and Grounds Expenses Account No. 520-4195-495-8031. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 C. REQUEST FOR AWARD OF PURCHASE OF 202,500 POUNDS OF GRASS SEED TO SIMPLOT PARTNERS IN THE AMOUNT OF $232,486.20. Rec: By Minute Motion, waive minor irregularity and award the purchase of 202,500 pounds of grass seed to Simplot Partners, Palm Desert, California, in the amount of $232,486.20 - funds are available in General Fund Account Nos. 110-4610-453-2190 - Supplies/Other, 110-4610-453-3371 - R/M Tri-Cities Sports Facility, and 110-4614- 453-3370 - R/M Medians for the City's portion and Desert Willow Corporation will fund the balance. Action: D. REQUEST FOR AWARD OF CONTRACT TO SIEMENS INDUSTRY, INC., IN THE AMOUNT OF $161,400 FOR THE 2013 CITYWIDE TRAFFIC SIGNAL MAINTENANCE PROJECT (CONTRACT NO. C32870A, PROJECT NO. 580-13). Rec: By Minute Motion: 1) Award the subject contract for 2013 Citywide Traffic Signal Maintenance Project to Siemens Industry, Inc., Anaheim, California, in the amount of $161,400; 2) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $16,140; 3) appropriate $26,812 from Unobligated Fund 234 to Account No. 234-4250-422-4001; 4) authorize Mayor to execute said contract - funds are available in Traffic Signal Maintenance Account No. 234-4250-422-4001 - no General Fund money being used for this expenditure. Action: E. REQUEST FOR APPROVAL OF ONE-YEAR RENEWAL OF CONTRACT WITH DELTA DENTAL THROUGH JUNE 30, 2014 (CONTRACT NO. C27650). Rec: By Minute Motion, authorize the Mayor to approve and execute Amendment No. 7 to the subject contract with Delta Dental through June 30, 2014 - no increase in cost per employee, with total annual costs of approximately $172,000 available in the FY 2013-2014 Budget. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 F. REQUEST FOR APPROVAL OF FIRST AMENDMENT TO THE HOUSING AGREEMENT BETWEEN CITY OF PALM DESERT AND THE VINEYARDS APARTMENTS, LLC. Rec: By Minute Motion: 1) Approve the draft First Amendment to the Housing Agreement, substantially as to form, by and between the City of Palm Desert and the Vineyards Apartments, LLC, in order to allow the developer to refinance its loan on the project; 2) authorize the City Manager to finalize and the Mayor to execute the First Amendment to Housing Agreement and any ancillary documents necessary to effectuate the actions taken herewith. Action: G. REQUEST FOR APPROVAL OF A PROPOSAL BY HOLIDAY LIGHTING DESIGN & DECOR TO MANAGE PHASE ONE OF PALM DESERT'S HOLIDAY DECOR PROGRAM AND OF A PROPOSAL BY DEKRA-LITE INDUSTRIES, INC., TO REFURBISH AND DELIVER EXISTING HOLIDAY DECOR INVENTORY. Rec: By Minute Motion: 1) Approve a proposal by Holiday Lighting Design & Decor, Palm Desert, California, in an amount not to exceed $60,997.40 to manage Phase One of Palm desert's Holiday Decor Program (Contract No. C32980). 2) Approve a proposal by Dekra-Lite Industries, Inc., Santa Ana, California, in the amount of $19,976.76 for the refurbishment of various existing Holiday Decor and delivery of all existing decorations (Contract No. C32980A). 3) Authorize the City Manager to execute aforementioned contracts related to Phase One of the City's Holiday Lighting and Decoration Program. 4) Appropriate $32,710.16 from the Unobligated General Fund for costs not budgeted in the FY 2013-2014 Budget for Palm Desert's Holiday Decoration Program (Phase One) and transfer to Account No. 110-4310-433-3910 for this purpose. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 H. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE HOUSING COST ASSOCIATED WITH A DIRECT SALE IN FALCON CREST (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion: 1) Approve silent Down Payment Assistance Loans associated with a direct sale in Falcon Crest, not to exceed $80,000 in accordance with the Falcon Crest Sales Program and documents, to ensure an affordable housing cost pursuant to California Health and Safety Code Section 50052.5 for qualified low- or moderate-income households from any available funding source restricted for such purpose (Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation). 2) Authorize the use of the Falcon Crest Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, and authorize the Mayor to execute. 3) Authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction. 4) Authorize the Authority Chairman and/or the Authority's Executive Director, or his designee, to finalize and execute any ancillary documents necessary to effectuate the actions taken herewith - monies are available in the appropriate account in the Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation Fund. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF MODIFIED COURSE, AS DESIGNED BY CITY STAFF FOR ALL 5K RUN/WALKS ON EL PASEO, FOR THE SECOND ANNUAL MARTHA'S VILLAGE & KITCHEN THANKSGIVING 5K RUN/WALK (Continued from the meeting of June 27, 2013). Rec: By Minute Motion: 1) Reconfirm and approve Martha's Village & Kitchen 5K Race for 2013 as considered and approved at the April 11, 2013, City Council Meeting; 2) approve payment to certify modified City course in an amount not to exceed $1,400 and appropriate said funds, if necessary. Action: XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE FORMATION OF PRESIDENT'S PLAZA I BUSINESS IMPROVEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS THEREIN COMMENCING WITH FISCAL YEAR 2013-2014. Rec: 1) Open the public hearing. 2) By Minute Motion, continue public hearing and balloting Period for the District to the meeting of August 22, 2013. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of June 17-28, 2013. Rec: Receive and file. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 B. CITY ATTORNEY C. CITY CLERK 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 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 FUTURE MEETINGS: July 8, 2013 2:00 p.m. Citizens’ Sustainability Committee Administrative Conference Room July 16, 2013 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber July 17, 2013 9:00 a.m. Art In Public Places Commission Community Services Conference Room 3:00 p.m. Library Promotion Committee -CANCELED- July 23, 2013 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room July 25, 2013 3:00 p.m. Reg. City Council/Successor RDA Mtgs. -CANCELED-Summer Schedule July 30, 2013 10:00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room August 5, 2013 1:30 a.m. Oversight Board Administrative Conference Room 6:00 p.m. Youth Committee -CANCELED- August 6, 2013 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber August 8, 2013 3:00 p.m. Reg. City Council/Successor RDA Mtgs. -CANCELED-Summer Schedule August 13, 2013 12:00 p.m. Architectural Review Commission Community Services Conference Room August 14, 2013 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room August 20, 2013 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber August 21, 2013 9:00 a.m. Art In Public Places Commission Community Services Conference Room 3:00 p.m. Library Promotion Committee -CANCELED- August 22, 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 th prior to the meeting. Dated this 5 day of July, 2013. ___________________________ Rachelle D. Klassen, City Clerk 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 11, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARDING 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: 74719 King Fisher Circle (APN 624-440-027), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/Palm Desert Housing Authority Property Owner: Jerry White and Diana M. Corica Under Negotiation: x Price x Terms of Payment 2) Property: 42148 Verdin Lane (APN 624-440-003), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Justin E. and Patricia Mansker Under Negotiation: x Price x Terms of Payment 3) Property: APN 640-140-017 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/Ruth Ann Moore/ City of Palm Desert Property Owner: Rita Spiegel/Palm Desert Partners Under Negotiation: x Price x Terms of Payment 4) Property: 43878 Portola Avenue (APN 622-200-055), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/City of Palm Desert Property Owner: Josephine v. Gaudio Trust Under Negotiation: x Price x Terms of Payment 5) Property: APNs 694-170-014 and 694-170-023 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/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(d)(2): Number of potential cases 2 C. Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(d)(4) 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 Jan C. Harnik VII. INVOCATION - Councilman Robert A. Spiegel 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 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 A. PRESENTATION OF PROCLAMATION RECOGNIZING SUNDAY, JULY 14, 2013, AS THE 100TH BIRTHDAY OF PRESIDENT GERALD R. FORD. Action: B. PRESENTATION OF PROCLAMATION DECLARING APRIL 5TH IN PERPETUITY AS "GERALD FORD DAY" IN THE CITY OF PALM DESERT. 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 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 June 27, 2013. Rec: Approve as presented. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 240, 244, 245, 258, and 251. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#722) by Pinnacle Landscape Company in the Amount of $42,574. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pho Vu, 34260 Monterey Avenue, Palm Desert. Rec: Receive and file. E. LIBRARY PROMOTION COMMITTEE Meeting Minutes for February 20, 2013. Rec: Receive and file. F. LETTER OF RESIGNATION from Kim Snyder - Art in Public Places Commission. Rec: Receive with very sincere regret. G. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C32210 - Desert Willow Reservoir Cover Replacement Project (Project No. 861-12) (Layfield Environmental System Corporation, Spring Valley, 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. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C32630 - Traffic Signal L.E.D. Indication Replacement Project (Project No. 583-13) (Siemens Industry, Inc., Anaheim, 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. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 I. REQUEST FOR APPROVAL for the Riverside County Office of Emergency Services to Provide Instructors for a community emergency Response Team (CERT) Course During summer 2013 in an Amount Not to Exceed $2,000. Rec: By Minute Motion: 1) Authorize staff to proceed with one CERT Course, with instruction provided by the Riverside County Office of Emergency Services (OES); 2) appropriate $2,000 from the Unobligated General Fund Reserves to Account No. 110-4130-411- 3090 for any costs associated with hosting one CERT Course. J. REQUEST FOR AUTHORIZATION for the Mayor to Execute Bill of Sale and Declaration document to the Coachella Valley Water District (CVWD) for Sewer Facilities Constructed in Association with the Section 29 Retention Basin Repair Project (Project No. 627-11). Rec: By Minute Motion, authorize the Mayor to execute the bill of Sale and Declaration Document to the Coachella Valley Water district for sewer facilities constructed in association with the Section 29 Retention Basin Repair Project. K. REQUEST FOR APPROVAL of the Legislative Review Committee's Recommendation to Draft Correspondence Concerning the Agua Caliente Band of Cahuilla Indians' Lawsuit Against Coachella Valley Water District (CVWD) and Desert Water Agency (DWA), and Regarding the Establishment of California Public Utilities Commission (CPUC) Rules for Video Franchise Holders. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and approve sending letters to the Agua Caliente Band of Cahuilla Indians and CPUC concerning separate matters as outlined in the accompanying staff report. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION FOR CITY MANAGER TO ASSIGN SENIOR MANAGEMENT ANALYST OF THE CITY MANAGER'S OFFICE TO THE VACANT SEAT ON THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PROGRAM'S TRAILS MANAGEMENT SUBCOMMITTEE. Rec: By Minute Motion, authorize the City Manager to assign the Senior Management Analyst of the City Manager's Office to fill the vacant seat on the Multiple Species Habitat Conservation Program's Trails Management Subcommittee. Action: B. REQUEST FOR AUTHORIZATION OF THE AWARD OF CONTRACT TO WEST COAST ARBORISTS, INC., FOR TREE PRUNING AT DESERT WILLOW GOLF RESORT IN AN AMOUNT NOT TO EXCEED $51,750 (CONTRACT NO. C32830, PROJECT NO. 842-14). Rec: By Minute Motion, authorize: 1) Award of the subject contract to West Coast Arborists, Inc., Anaheim, California, for tree pruning at the Desert Willow Golf Resort in an amount not to exceed $51,750; 2) Mayor to execute contract - funds are available in Course and Grounds Expenses Account No. 520-4195-495-8031. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 C. REQUEST FOR AWARD OF PURCHASE OF 202,500 POUNDS OF GRASS SEED TO SIMPLOT PARTNERS IN THE AMOUNT OF $232,486.20. Rec: By Minute Motion, waive minor irregularity and award the purchase of 202,500 pounds of grass seed to Simplot Partners, Palm Desert, California, in the amount of $232,486.20 - funds are available in General Fund Account Nos. 110-4610-453-2190 - Supplies/Other, 110-4610-453-3371 - R/M Tri-Cities Sports Facility, and 110-4614- 453-3370 - R/M Medians for the City's portion and Desert Willow Corporation will fund the balance. Action: D. REQUEST FOR AWARD OF CONTRACT TO SIEMENS INDUSTRY, INC., IN THE AMOUNT OF $161,400 FOR THE 2013 CITYWIDE TRAFFIC SIGNAL MAINTENANCE PROJECT (CONTRACT NO. C32870A, PROJECT NO. 580-13). Rec: By Minute Motion: 1) Award the subject contract for 2013 Citywide Traffic Signal Maintenance Project to Siemens Industry, Inc., Anaheim, California, in the amount of $161,400; 2) authorize Director of Finance to set aside a 10% contingency for the project in the amount of $16,140; 3) appropriate $26,812 from Unobligated Fund 234 to Account No. 234-4250-422-4001; 4) authorize Mayor to execute said contract - funds are available in Traffic Signal Maintenance Account No. 234-4250-422-4001 - no General Fund money being used for this expenditure. Action: E. REQUEST FOR APPROVAL OF ONE-YEAR RENEWAL OF CONTRACT WITH DELTA DENTAL THROUGH JUNE 30, 2014 (CONTRACT NO. C27650). Rec: By Minute Motion, authorize the Mayor to approve and execute Amendment No. 7 to the subject contract with Delta Dental through June 30, 2014 - no increase in cost per employee, with total annual costs of approximately $172,000 available in the FY 2013-2014 Budget. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 F. REQUEST FOR APPROVAL OF FIRST AMENDMENT TO THE HOUSING AGREEMENT BETWEEN CITY OF PALM DESERT AND THE VINEYARDS APARTMENTS, LLC. Rec: By Minute Motion: 1) Approve the draft First Amendment to the Housing Agreement, substantially as to form, by and between the City of Palm Desert and the Vineyards Apartments, LLC, in order to allow the developer to refinance its loan on the project; 2) authorize the City Manager to finalize and the Mayor to execute the First Amendment to Housing Agreement and any ancillary documents necessary to effectuate the actions taken herewith. Action: G. REQUEST FOR APPROVAL OF A PROPOSAL BY HOLIDAY LIGHTING DESIGN & DECOR TO MANAGE PHASE ONE OF PALM DESERT'S HOLIDAY DECOR PROGRAM AND OF A PROPOSAL BY DEKRA-LITE INDUSTRIES, INC., TO REFURBISH AND DELIVER EXISTING HOLIDAY DECOR INVENTORY. Rec: By Minute Motion: 1) Approve a proposal by Holiday Lighting Design & Decor, Palm Desert, California, in an amount not to exceed $60,997.40 to manage Phase One of Palm desert's Holiday Decor Program (Contract No. C32980). 2) Approve a proposal by Dekra-Lite Industries, Inc., Santa Ana, California, in the amount of $19,976.76 for the refurbishment of various existing Holiday Decor and delivery of all existing decorations (Contract No. C32980A). 3) Authorize the City Manager to execute aforementioned contracts related to Phase One of the City's Holiday Lighting and Decoration Program. 4) Appropriate $32,710.16 from the Unobligated General Fund for costs not budgeted in the FY 2013-2014 Budget for Palm Desert's Holiday Decoration Program (Phase One) and transfer to Account No. 110-4310-433-3910 for this purpose. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 H. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE HOUSING COST ASSOCIATED WITH A DIRECT SALE IN FALCON CREST (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion: 1) Approve silent Down Payment Assistance Loans associated with a direct sale in Falcon Crest, not to exceed $80,000 in accordance with the Falcon Crest Sales Program and documents, to ensure an affordable housing cost pursuant to California Health and Safety Code Section 50052.5 for qualified low- or moderate-income households from any available funding source restricted for such purpose (Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation). 2) Authorize the use of the Falcon Crest Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, and authorize the Mayor to execute. 3) Authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction. 4) Authorize the Authority Chairman and/or the Authority's Executive Director, or his designee, to finalize and execute any ancillary documents necessary to effectuate the actions taken herewith - monies are available in the appropriate account in the Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation Fund. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 XV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF MODIFIED COURSE, AS DESIGNED BY CITY STAFF FOR ALL 5K RUN/WALKS ON EL PASEO, FOR THE SECOND ANNUAL MARTHA'S VILLAGE & KITCHEN THANKSGIVING 5K RUN/WALK (Continued from the meeting of June 27, 2013). Rec: By Minute Motion: 1) Reconfirm and approve Martha's Village & Kitchen 5K Race for 2013 as considered and approved at the April 11, 2013, City Council Meeting; 2) approve payment to certify modified City course in an amount not to exceed $1,400 and appropriate said funds, if necessary. Action: XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE FORMATION OF PRESIDENT'S PLAZA I BUSINESS IMPROVEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS THEREIN COMMENCING WITH FISCAL YEAR 2013-2014. Rec: 1) Open the public hearing. 2) By Minute Motion, continue public hearing and balloting Period for the District to the meeting of August 22, 2013. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of June 17-28, 2013. Rec: Receive and file. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 B. CITY ATTORNEY C. CITY CLERK 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 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2013 FUTURE MEETINGS: July 8, 2013 2:00 p.m. Citizens’ Sustainability Committee Administrative Conference Room July 16, 2013 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber July 17, 2013 9:00 a.m. Art In Public Places Commission Community Services Conference Room 3:00 p.m. Library Promotion Committee -CANCELED- July 23, 2013 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room July 25, 2013 3:00 p.m. Reg. City Council/Successor RDA Mtgs. -CANCELED-Summer Schedule July 30, 2013 10:00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room August 5, 2013 1:30 a.m. Oversight Board Administrative Conference Room 6:00 p.m. Youth Committee -CANCELED- August 6, 2013 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber August 8, 2013 3:00 p.m. Reg. City Council/Successor RDA Mtgs. -CANCELED-Summer Schedule August 13, 2013 12:00 p.m. Architectural Review Commission Community Services Conference Room August 14, 2013 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room August 20, 2013 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber August 21, 2013 9:00 a.m. Art In Public Places Commission Community Services Conference Room 3:00 p.m. Library Promotion Committee -CANCELED- August 22, 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 th prior to the meeting. Dated this 5 day of July, 2013. ___________________________ Rachelle D. Klassen, City Clerk 12