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Home My WebLink AboutAGENDA 14 MAR 2013 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 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: 74555 Falcon Lane (APN 624-430-009), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/Palm Desert Housing Authority Property Owner: Martingale Investments, LLC Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 1) Pasternack v. Fagel, Bighorn, and City of Palm Desert, Riverside County Superior Court, Case No. INC 1206949 C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2013 D. Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE - Taylor Schmidman, Palm Desert Youth Committee Member 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 A. PRESENTATION TO RECOGNIZE AARON BONNER FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS LIBRARY PROMOTION COMMITTEE, 2011-2012. Action: B. PRESENTATION TO RECOGNIZE JOSEF B. JONATHAN FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS RENT REVIEW COMMISSION, 2009-2012. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2013 C. PRESENTATION OF PROCLAMATION, DECLARING THURSDAY, MARCH 14, 2013, AS "JOE AND ANN DELUCA DAY" IN THE CITY OF PALM DESERT. Action: D. PRESENTATION OF PROCLAMATION, DECLARING APRIL 2013 AS "HUNGER ACTION MONTH" IN THE CITY OF PALM DESERT. Action: E. PRESENTATION BY TAYLOR SCHMIDMAN TO PROVIDE AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES. 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 February 28, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 163, 168, 172, 173, 175, 176, and 177. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#716-SUPPLEMENTAL) by Laura Roberts in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of January 2013 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2013 E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Piero's Pizzavino, 73722 El Paseo, Suites 1 & 2, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art in Public Places Commission Meeting of January 16, 2013. 2. Audit, Investment & Finance Committee Meeting of January 22, 2013. 3. Library Promotion Committee Meeting of March 21, 2012. 4. Marketing Committee Meeting of February 19, 2013. 5. Parks & Recreation Commission Meeting of January 15, 2013. 6. Youth Committee Meeting of February 4, 2013. Rec: Receive and file. G. REQUEST FOR APPROVAL of Awarding the Annual Color Plants Bid for Fall 2013 and Spring 2014 to Armstrong Growers in the Amount of $14,067.85 (Project No. 930-13). Rec: By Minute Motion, award the Annual Color Plants Bid for Fall 2013 and Spring 2014 to Armstrong Growers, Bermuda Dunes, California, in the amount of $14,067.85 - funds are available in General Fund Account Nos. 110-4614-453-3370 - Repair/Maintenance Median and 110-4610-453-3320 - R/M Landscape Services. H. REQUEST FOR AUTHORIZATION to Remove Existing Sports Lighting at Oleson Baseball Field in an Amount Not to Exceed $16,000. Rec: By Minute Motion, authorize removal of sports lighting at Oleson Baseball Field in an amount not to exceed $16,000 - funds are available in Park Fund Account No. 430-4618-454-4001. I. CONSIDERATION of Exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for Three Private Events at the Palm Springs Art Museum-Palm Desert (The Galen) Located at 72567 Highway 111. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2013 Rec: By Minute Motion, approve an exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - for three (3) private events (as indicated in the accompanying staff report's attached Temporary Use Permit copy) at the Palm Springs Art Museum-Palm Desert (The Galen) located at 72567 Highway 111. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2013 - 14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ITS RESOLUTION NO. 01-110 AND RESTATING ITS POLICY ON THE OFFICE OF MAYOR AND THE OFFICE OF MAYOR PRO-TEMPORE. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1254 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 11.01.010 - PARKS, PROHIBITED CONDUCT GENERALLY - AS RELATED TO FEEDING OF WILD OR DOMESTIC BIRDS AND/OR WATERFOWL IN CITY PARKS. Rec: Waive further reading and pass to second reading. Action: B. ORDINANCE NO. 1255 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.60.020 OF THE PALM DESERT MUNICIPAL CODE (AMENDING ORDINANCE NO. 875) RELATIVE TO THE PUBLIC SAFETY COMMISSION (MEMBERSHIP). 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2013 Rec: Waive further reading and pass to second reading. Action: For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO AMERICAN ASPHALT SOUTH, INC., IN THE AMOUNT OF $1,092,700 FOR THE 2013 SLURRY SEAL PROJECT AND APPROVAL OF A REIMBURSEMENT AGREEMENT WITH CITY OF INDIAN WELLS FOR SLURRY SEAL OF FRED WARING DRIVE BETWEEN DEEP CANYON ROAD AND WASHINGTON STREET (PROJECT NO. 751-13). Rec: By Minute Motion: 1) Award contract for Construction of the 2013 Slury Seal Project to American Asphalt South, Inc., Fontana, California, in the amount of $1,092,700 (Contract No. C32500). 2) Authorize the Mayor to execute Contract No. C32500. 3) Authorize the Mayor to execute a Reimbursement Agreement with the City of Indian Wells for the Slurry Seal of Fred Waring Drive between Deep Canyon Road and Washington Street (Contract No. C32500A). 4) Budget estimated revenue in the amount of $204,600 to the General Fund - funding for this project is available in General Fund Account No. 110-4311-433-3320. Action: B. REQUEST FOR AWARD OF CONTRACT TO RELIABLE TREE CARE IN THE AMOUNT OF $68,553.90 FOR THE CITYWIDE PALM TREE PRUNING PROGRAM (CONTRACT NO. C32530, PROJECT NO. 931- 13) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2013 Rec: By Minute Motion: 1) Award subject contract for the Citywide Palm Tree Pruning Program to Reliable Tree Care, Coachella, California, in the total amount of $68,553.90 ($61,736.49 - City and $6,817.41 - Housing Authority). 2) Authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $6,855.39 ($6,173.65 - City and $681.74 - Housing Authority). 3) Authorize the Mayor/Chairman to execute the contract - funds are available for the portion of the contract relative to the City and Assessment Districts in Parks and Recreation Account Nos. 110-4610-453-3320, 110-4611-453-3320, and 110-4611-453-3371, Repair/Maintenance Medians Account No. 110-4614-453-3370, and Assessment District Fund 200 Accounts; and for the Housing Authority, funds are set aside in the 2013-2014 Housing Authority Operating Budget. Action: C. REQUEST FOR AWARD OF CONTRACT TO SIEMENS INDUSTRY, INC., IN THE AMOUNT OF $52,700 FOR THE TRAFFIC SIGNAL L.E.D. INDICATION REPLACEMENT PROJECT (CONTRACT NO. C32630, PROJECT NO. 586-13). Rec: By Minute Motion: 1) Award subject contract for the Traffic Signal L.E.D. Indication Replacement Project to Siemens Industry, Inc., Anaheim, California, in the amount of $52,700. 2) Authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $5,270. 3) Authorize the Mayor to execute said contract - funds are available in the Traffic Signal Reserve Account No. 440- 4250-422-4001. Action: D. REQUEST FOR AUTHORIZATION FOR MAYOR TO EXECUTE THE OPERATION, MAINTENANCE, AND REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE CITY OF INDIAN WELLS FOR COMMON INFRASTRUCTURE FACILITIES (CONTRACT NO. C32640). 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2013 Rec: By Minute Motion, authorize the Mayor to execute the subject Operation, Maintenance, and Reimbursement Agreement between the City of Palm Desert and the City of Indian Wells for common infrastructure facilities. Action: E. REQUEST FOR APPROVAL OF THE FIRST ANNUAL SPRING (2013) CONCERT SERIES. Rec: By Minute Motion: 1) Approve the 2013 Spring Concert Series schedule; 2) approve Contract No. C32650A with Bobby Sanchez Combo (Oldies) in the amount of $1,200; 3) approve Contract No. C32650B with Jasmine Fields (New Country) in the amount of $1,200; 4) approve Contract No. C32650C with L.A.vation (U2 Tribute/Rock) in the amount of $1,800; 5) approve partnership with Family YMCA of the Desert for performance by Upstream (performances include Calypso Music, Dancing, Fire Eating- Breathing, Limbo, etc.); 6) approve expenditure with Studio Instrument Rentals (SIR), Palm Springs, California, for concert professional staff, instrumental equipment, sound, and/or lighting in conjunction with the concerts; 7) authorize the Mayor to execute the aforementioned contracts - funds are available in Account No. 110- 4416-414-3061 for the series. Action: F. REQUEST FOR APPROVAL OF PERFORMING ARTS CONTRACT AND PYRO SPECTACULARS FIREWORKS DISPLAY CONTRACT IN CONJUNCTION WITH PALM DESERT'S 2013 INDEPENDENCE DAY CELEBRATION. Rec: By Minute Motion: 1) Approve Contract No. C32660A with Pyro Spectaculars by Souza in the amount of $36,000 for professional 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2013 staff and pyrotechnic supplies and services for Palm Desert's 2013 Independence Day Celebration; 2) approve Contract No. C32660B with Swing Cats Big Band in the amount of $3,650 to provide instrumental and vocal entertainment for Palm Desert's 2013 Independence Day Celebration; 3) approve expenditure with Studio Instrument Rentals, Palm Springs, California, for concert professional staff, instrumental equipment, sound, and/or lighting in conjunction with the concert; 4) pre-approve line item in FY 2013- 2014 Budget for this event; 5) authorize the Mayor to execute the aforementioned contracts-funds are available in Account No. 110- 4416-414-3061 for this event. Action: G. REQUEST FOR AUTHORIZATION TO EXTEND SUSPENSION OF PALM DESERT MUNICIPAL CODE CHAPTER 25.58 - SIGNS, SECTIONS 25.68.090 (A) AND (M) - TEMPORARY SIGNS - UNTIL SEPTEMBER 3, 2013 (DAY AFTER LABOR DAY), TO ALLOW COMMUNITY HOME BUILDERS TEMPORARY SIGNAGE RELIEF DURING WEEKENDS STARTING FRIDAYS AT 3:00 P.M. AND ENDING MONDAYS AT 10:00 A.M. Rec: By Minute Motion, approve an extension of the suspension of Palm Desert Municipal Code Chapter 25.58 - Signs, Sections 25.68.090 (A) and (M) - Temporary Signs - to allow home builders: 1) Six temporary, off-site signs not located within the public right-of-way. 2) One 5' x 20' banner per street frontage. 3) Four company flags located at the entry of each residential development. 4) Temporary program from March 15, 2013, through September 3, 2013, during weekends - beginning Fridays at 3:00 p.m. and ending Mondays at 10:00 a.m. Action: H. REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ), SEEKING ARTISTS TO CREATE ARTWORK FOR THREE SETS OF TRAFFIC SIGNAL CABINETS ON FRED WARING DRIVE AND APPROVE FIVE (5) $100 HONORARIA EACH FOR FINALISTS TO CREATE PROPOSALS FOR THE ARTWORK (CONTRACT NO. C32670). Rec: By Minute Motion: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2013 1) Authorize staff to issue an RFQ, seeing artists to create artwork for three (3) traffic signal cabinets on Fred Waring Drive. 2) Approve honoraria in the amount of $100 each for five (5) finalists (total $500) to create proposals for the artwork - funds are available in Account No. 436-4650-454-4001. Action: I. REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ), SEEKING AN ARTIST OR ARTIST TEAM TO WORK WITH YOUTH TO CREATE ARTWORK FOR THE EAST-FACING WALLS OF THE PALM DESERT COMMUNITY CENTER AND APPROVE THREE (3) $500 HONORARIA EACH TO FINALISTS TO CREATE PROPOSALS FOR THE ARTWORK (CONTRACT NO. C32680). Rec: By Minute Motion: 1) Authorize staff to issue an RFQ, seeking an artist or artist team to work with youth to create artwork for the east-facing walls of the Palm Desert Community Center. 2) Approve honoraria in the amount of $500 each (total $1,500) to three (3) finalists to create a design proposal for the artwork - funds are available in Account No. 436-4650-454- 4001. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE THIRD AMENDMENT TO THE SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT - DELETING "WEIGHTED VOTING" FROM SECTIONS 3(G) AND 3(H) THEREOF (CONTRACT NO. C00-515). 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2013 Rec: By Minute Motion, approve the Third Amendment to the SunLine Joint Powers Transportation Agency Agreement and authorize the Mayor to execute same. Action: B. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 AND CHANGE ORDER NO. 1 TO CONTRACT NO. C31040A WITH KIP, INCORPORATED, FOR THE SECTION 29 RETENTION BASIN REPAIR PROJECT (PROJECT NO. 627-11). Rec: By Minute Motion: 1) Approve Amendment No. 1 to the subject contract with KIP, Incorporated, Murrieta, California. 2) Approve Change Order No. 1 to said contract in the total amount of $127,427.58 for the Section 29 Retention Basin Repair Project. 3) Authorize the transfer of $80,231.15 from contingency to base for the project. 4) Appropriate $47,196.43 from Unobligated Fund 469 - Assessment District 2004-02 to Account No. 469-4350-433- 4001. 5) Authorize the Mayor to execute said Amendment No. 1 and Change Order No. 1. Action: XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AMENDMENTS TO THE PALM DESERT MUNICIPAL CODE, CHAPTER 5.87 - MASSAGE ESTABLISHMENTS AND MASSAGISTS, CHAPTER 5.90 - MASSAGISTS PERMITS OF TITLE 5 BUSINESS TAXES, LICENSES, 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2013 AND REGULATIONS, AND TO TITLE 25 - ZONING, REGARDING MASSAGE BUSINESS ZONING AND LAND USE RESTRICTIONS. Rec: Waive further reading and pass Ordinance No. 1256 to second reading, approving amendments to the Palm Desert Municipal Code Title 5 - Business Taxes, Licenses, and Regulations, and Title 25 - Zoning in Chapter 5.87 - Establishments and Massagists, Chapter 5.90 - Massagists Permits, Chapter 25.10 - Agricultural District, and Chapter 25.38 - Public Institution District, regarding massage business zoning and land use restrictions. Action: XVIII. REPORTS AND REMARKS A. CITYMANAGER 1. City Manager Meeting Summaries for the Period of February 19 - March 1, 2013. Rec: Receive and file. Action: 2. Shopping Center Update. Rec: Receive and file. Action: B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY 1. Fire Department 2. Police Department 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2013 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 FUTURE MEETINGS: March 19, 2013 2:00 p.m. Marketing Committee Administrative Conference Room 2:00 p.m. Adj. Reg. Public Safety Commission North Wing Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber March 20, 2013 9:00 a.m. Art in Public Places Commission Community Services Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room March 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 March 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 March, 2013. ___________________________ Rachelle D. Klassen, City Clerk 13