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Home My WebLink AboutAGENDA 28 MAR 2013 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 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 Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 B. 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 TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Robert A. Spiegel VII. INVOCATION - Councilman Van G. Tanner POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 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 A. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF APRIL 2013 AS "CHILD ABUSE PREVENTION MONTH" IN THE CITY OF PALM DESERT Action: B. PRESENTATION OF PALM DESERT ENERGY PARTNERSHIP SUMMARY OF RESULTS - FINAL 2012. Rec: By Minute Motion, receive and file the report. Action: C. REQUEST FOR ACCEPTANCE OF RESIGNATION FROM M. CONNOR LIMONT AND DISCUSSION REGARDING RESULTING VACANCY ON THE PLANNING COMMISSION (TERM DECEMBER 31, 2014). Rec: By Minute Motion: 1) Receive Ms. Limont's resignation with very sincere regret; 2) discuss process for filling vacancy for term ending December 31, 2014, and/or direct staff to provide written process for filling vacancy; and/or 3) appoint an individual to fill the unexpired term to December 31, 2014. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 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 March 14, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 167, 180, 183, and 184. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Buffalo Wild Wings, 72920 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Stone Eagle Golf Club, 48099 Highway 74, Palm Desert. Rec: Receive and file. E. PUBLIC SAFETY COMMISSION MINUTES for the Meeting of February 12, 2013. Rec: Receive and file. F. SINGLE AUDIT of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 2012. Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 G. REQUEST FOR APPROVAL of the 2013 Palm Desert ATHENA Scholarship Award Agreement Between the City of Palm Desert and CSUSD Philanthropic Foundation (Contract No. C24307A). Rec: By Minute Motion: 1) Approve an agreement between the City of Palm Desert and the CSUSB Philanthropic Foundation to establish the 2013 Palm Desert ATHENA Scholarship Fund; 2) Authorize the City Manager to sign said agreement on behalf of the City. H. REQUEST FOR AUTHORIZATION to Continue Monthly Maintenance Costs Through August 1, 2013, Associated with Various Maintenance Vendors at the Police Substation Located at 73-520 Fred Waring Drive. Rec: By Minute Motion, approve continuing monthly maintenance costs through August 1, 2012, associated with services provided by Wurms Janitorial, Aqua Serv, and ThyssenKrupp Elevator at the Police Substation located at 73-520 Fred Waring Drive - funds for the maintenance costs are currently available in Account No. 510- 4195-495-3695. I. REQUEST FOR RATIFICATION of a Lease Agreement Extension Between the City of Indian Wells and the City of Palm Desert for Palm Desert Medic Unit No. 255 at Indian Wells Fire Station No. 55 (Contract No. C29100). Rec: By Minute Motion, ratify approval of a Lease Agreement Extension between the City of Indian Wells and the City of Palm Desert for Medic Unit No. 255 at Indian Wells Fire Station No. 55. J. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C31980 - El Paseo Business Improvement District Advertising Services. Rec: By Minute Motion, approve Amendment No. 1 in the amount of $30,000 to the subject contract with FG Creative, Palm Desert, California - funds are available in Account No. 271-4491-464-3215. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 K. CONSIDERATION of Palm Desert Legislative Review Committee's Recommendation to Provide Letters of Opposition and Support to Various Proposed Legislation. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and send a letter of: 1) Opposition for SB 7 (Steinberg) - Prevailing Wage; 2) support for AB 147 (Perez) - Quantification Settlement Agreement; 3) support for AB 148 (Perez) - Salton Sea; 4) support for AB 158 (Levine) - Plastic Bags; 5) support for AB 265 (Gatto) - Dog Parks; 6) support for SB 21 (Roth) - UCR Medical School. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. 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 adopt. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 2. 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). Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF PAYMENT TO COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE OPERATION OF ROY'S DESERT RESOURCE CENTER IN THE AMOUNT OF $103,000. Rec: By Minute Motion, approve payment to CVAG in the amount of $103,000 for the operation of Roy's Desert Resource Center for Fiscal Year 2013-2014 - funds are being set aside as part of the FY 2013-2014 Budget, no additional impact to the General Fund. Action: B. REQUEST FOR AUTHORIZATION FOR MAYOR TO EXECUTE A GRANT DEED AND A GRANT OF EASEMENT TO COACHELLA VALLEY WATER DISTRICT (CVWD) FOR THE FREEDOM PARK WELL SITE. Rec: By Minute Motion, authorize the Mayor to execute a Grant Deed and a Grant of Easement to CVWD for the Freedom Park Well Site - there is no fiscal impact associated with this action. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 C. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR CONSTRUCTION OF THE MONTEREY AVENUE AND FRED WARING DRIVE IMPROVEMENT PROJECT (CONTRACT NO. C29780A, PROJECT NO. 656-06). Rec: By Minute Motion, authorize staff to advertise and solicit bids from qualified contractors for Construction of the Monterey Avenue and Fred Waring Drive Improvement Project - project estimated at $2.9 million, and funding is available in Measure "A" Funds Account No. 213-4383-433-4001 and Drainage Facility Account No. 232-4383- 433-4001 - no General Fund money is being used for this experience. Action: D. REQUEST FOR APPROVAL OF EXTENSION OF CONTRACT WITH D.W. NICHOLSON, LLC, D.B.A. DESERT BUILDING SERVICES, TO PERFORM JANITORIAL SERVICES FOR THE CITY OF PALM DESERT PARKVIEW OFFICE COMPLEX ONE ADDITIONAL YEAR IN THE AMOUNT OF $73,020 (CONTRACT NO. C22169). Rec: By Minute Motion, approve extension of the subject contract with D.W. Nicholson, LLC, d.b.a. Desert Building Services, Rancho Mirage, California, to perform janitorial services at the City of Palm Desert Parkview Office Complex for one additional year in the amount of $73,020, and authorize the Mayor to execute same - funds are available in Fund 510 (100% of the cost of this contract is allocated to each space at the Parkview Office Complex and recovered through lease payments from all tenants - no appropriation is required). Action: XV. CONTINUED BUSINESS None 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO AToM ENGINEERING CONSTRUCTION, INC., IN THE AMOUNT OF $60,398 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: 1) Award subject contract to AToM Engineering Construction, Inc., Hemet, California, in the amount of $60,398 for Construction of the Left-turn Pocket on Magnesia Falls Drive at the Aquatic Center Driveway; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $6,039.80; 3) appropriate $6,437.80 from Unobligated Fund 400 to Account No. 400-4549-454-4001 for the project; 4) authorize the Mayor to execute said contract - funding is available in Aquatic Center Capital Improvements Account No. 400-4549-454-4001. 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, AND REGULATIONS, AND TO TITLE 25 - ZONING, REGARDING MASSAGE BUSINESS ZONING AND LAND USE RESTRICTIONS (Continued from the meeting of March 14, 2013). 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: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 28, 2013 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of March 4-15, 2013. Rec: Receive and file. Action: B. CITY ATTORNEY C. CITY CLERK 1. Announcement of Joint Palm Desert City Council/Palm Desert Housing Authority Study Sessions to Review the Preliminary Fiscal Year 2013-2014 City Financial Plan. a) Wednesday, April 3, 2013 - 10:00 a.m. - Administrative Conference Room. b) Thursday, April 4, 2013 - 10:00 a.m. - Administrative Conference Room. 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 MARCH 28, 2013 FUTURE MEETINGS: April 1, 2013 1:30 p.m. Oversight Board -CANCELED- Adj to Apr. 8 6:00 p.m. Youth Committee Administrative Conference Room April 2, 2013 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber April 8, 2013 1:30 p.m. Adj. Reg. Oversight Board Administrative Conference Room April 9, 2013 12:00 p.m. Architectural Review Commission Community Services Conference Room April 10, 2013 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room April 11, 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 March, 2013. ___________________________ Rachelle D. Klassen, City Clerk 10