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HomeMy WebLinkAboutAGENDA 09 MAY 2013 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 09, 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: Lease Property-Parkview Professional Office Complex - 73710 Fred Waring Drive, Suite No. 112, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: HARC 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 C. Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(d)(4): Number of potential cases: 1 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013 Action: VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Member Donavon Sandoval-Heglund 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 M. CONNOR LIMONT FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS PLANNING COMMISSION, 2007 - 2013 (Continued from the meeting of April 11, 2013). Action: B. PRESENTATION OF PROCLAMATION DECLARING MAY 2013 AS "MENTAL HEALTH MONTH" IN THE CITY OF PALM DESERT. Action: C. PRESENTATION OF PROCLAMATION DECLARING MAY 2013 AS "WATER SAFETY MONTH" IN THE CITY OF PALM DESERT. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013 D. PRESENTATION TO THE CITY COUNCIL BY FAMILY SERVICES OF THE DESERT IN APPRECIATION FOR THE 2013 "BUNNY HOP" 5K RUN/WALK ON EL PASEO, SUNDAY, MARCH 31. Action: E. REQUEST FOR ACCEPTANCE OF LETTERS OF RESIGNATION FROM PALM DESERT YOUTH COMMITTEE MEMBERS AND APPOINTMENT OF INDIVIDUALS TO THE RESULTING VACANCIES FOR THE REMAINDER OF THEIR ONE-YEAR TERMS, DECEMBER 31, 2013. Rec: By Minute Motion: 1) Accept letters of resignation from the following Palm Desert Youth Committee Members with very sincere regret: Julien Bloch, William Harvey, Jason Rosenblum, and Wes Wohlmuth. 2) Appoint the following individuals to the Palm Desert Youth Committee to fill the vacancies in the December 31, 2013, terms created by the aforementioned resignations: Michelle Dan, Victoria Delapaz, Emily Goldstone, and Samantha Sandoval. 3) Receive presentation on upcoming 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 April 25, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 204, 207, 208, 209, and 212. Rec: Approve as presented. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013 C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Albertsons 6559, 74590 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Albertsons 6567, 42095 Washington Street, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pizza Hut, 72310 Highway 111, Palm Desert. Rec: Receive and file. F. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Citizens' Sustainability Committee Meeting of March 20, 2012. 2. Cultural Resources Preservation Committee Meeting of January 31, 2012. Rec: Receive and file. G. REQUEST FOR RATIFICATION of Application for Federal Funds for Street Rehabilitation (Project No. 672-13). Rec: By Minute Motion, ratify the City Manager's authorization to apply for Federal Surface Transportation Program (STP) Rehabilitation Funds. H. REQUEST FOR DECLARATION of Various Miscellaneous Items from the Visitor Center and the Palm Desert Library as Surplus and Authorize Disposal as Recommended. Rec: By Minute Motion, declare various miscellaneous items from the Visitor Center and from the Palm Desert Library, as listed on the accompanying staff report, as surplus and authorize disposal as recommended. I. REQUEST FOR DECLARATION of Various Miscellaneous Items from the Palm Springs Art Museum-Palm Desert as Surplus and Authorize Disposal As Recommended. Rec: By Minute Motion, declare various miscellaneous salvaged items from the Palm Springs Art Museum-Palm Desert, as listed on the 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013 accompanying staff report, as surplus and authorize disposal as recommended. J. REQUEST FOR AWARD OF CONTRACT to Brett Fiore of Same Day Express for Maintenance of the City of Palm Desert's Public Art Collection and the El Paseo Invitational Exhibition (Contract No. C32740). Rec: By Minute Motion: 1) Award subject contract to Brett Fiore of Same Day Express, Palm Desert, California, for maintenance of the City of Palm Desert's Public Art Collection and the El Paseo Invitational Exhibition for a period of one (1) year (July 1, 2013 - June 30, 2014) in the amount of $39,996; 2) consider three-year (3) contract, renewable each year upon City Council approval; 3) authorize the Mayor to execute said contract - funds are available in Account No. 436-4650-454-3372. K. REQUEST FOR APPROVAL of Out-of-State Travel for Director of Public Works and Transportation Engineer to Attend the 2013 Institute of Transportation Engineers (ITE) Western District Annual Meeting and Exhibit Conference in Phoenix, Arizona - July 14-17. Rec: By Minute Motion, authorize Out-of State Travel for Director of Public Works and Transportation Engineer to attend the 2013 ITE Western District Annual Meeting and Exhibit Conference in Phoenix, Arizona, from July 14-17 - funds are available in Account No. 110-4300-413-3120-Public Works Conference/ Seminars/ Workshops. L. REQUEST FOR APPROVAL of Exemptions from Palm Desert Municipal Code Sections 9.58.010 and 9.58.020 - Consumption and Possession of Alcoholic Beverages on Public Property - in Connection with Receptions for Art Exhibitions to be Held in the Palm Desert Community Gallery Between July 2013 and February 2014. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013 Rec: By Minute Motion, approve exemptions from Palm Desert Municipal Code Sections 9.58.010 and 9.58.020 in connection with the Opening Receptions for Art Exhibitions to be held in the Palm Desert Community Gallery Between July 2013 and February 2014 - tentative dates are: July 1 - Regina Kirillov and Coreen Moore; September 16-James Campbell, Grant McMillan, and Gary Rosenblum; November 25 - Travis Hiner; and February 10 - Gideon Cohn and Daniel Kaufman. M. CONSIDERATION of the Legislative Review Committee's Recommendation to Provide Letters of Support for Legislation - AB 225 (Nestande) and AB 564 (Mullin). Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and approve sending letters of support for AB 225 (Nestande) - Medium-speed Electric Vehicles and for AB 565 (Mullin) - Enforceable Obligations of former Redevelopment Agencies. N. CONSIDERATION of the Legislative Review Committee's Recommendation to Provide Letter of Opposition for Legislation - AB 5 (Ammiano). Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and approve sending letters of opposition for AB 5 (Ammiano) - Homeless Person's Bill of Rights. O. REQUEST FOR RATIFICATION of the City Manager's Approval for Submitting a Letter of Support for U.S. Senate Bill 743 (Enzi). Rec: By Minute Motion, ratify the City Manager's approval for submitting a letter of support for U.S. Senate Bill No. 743 (Enzi) - Internet Sales Tax Equalization. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2013 - 16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013 ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (PUB. RESOURCES CODE 2100 ET SEQ.). Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 2013 - 17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC HEARING FOR CONSIDERATION OF A STREET NAME CHANGE FOR COSMOPOLITAN LANE (Mario J. Gonzales, Knightswood Ventures, LLC, Applicant). Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF A FIRST AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT (CONTRACT NO. C31111). Rec: By Minute Motion, approve the First Amendment to Agreement for Law Enforcement Services between the County of Riverside and the City of Palm Desert. Action: B. REQUEST FOR APPROVAL OF A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF PALM DESERT BY THE COUNTY OF RIVERSIDE (CONTRACT NO. C32750). 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013 Rec: By Minute Motion, approve the subject Cooperative Agreement to provide Fire Protection, Fire Prevention, Rescue, and Medical Emergency Services by and between the County of Riverside and the City of Palm Desert. Action: C. REQUEST FOR AWARD OF CONTRACT TO KIRKPATRICK LANDSCAPING SERVICES, INC., FOR A 24-MONTH PERIOD IN THE AMOUNT OF $207,960, PLUS AN AMOUNT NOT TO EXCEED 20% OF THE CONTRACT AMOUNT FOR EXTRA REPAIR WORK AND SERVICES - LANDSCAPE MAINTENANCE AREA NO. 2 (CONTRACT NO. C32600, PROJECT NO. 902.13). Rec: By Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 2 to Kirkpatrick Landscaping Services, Inc., Indio, California, for a 24-month period in the amount of $207,960 ($103,980/year); 2) include extra repair work and services in an amount not to exceed 20% of the 24-month contract amount ($41,592); 3) authorize the Mayor to execute said contract - funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. Action: D. REQUEST FOR AWARD OF CONTRACT TO VINTAGE ASSOCIATES, INC., FOR A 24-MONTH PERIOD IN THE AMOUNT OF $249,360, PLUS AN AMOUNT NOT TO EXCEED 20% OF THE CONTRACT AMOUNT FOR EXTRA REPAIR WORK AND SERVICES - LANDSCAPE MAINTENANCE AREA NO. 4 (CONTRACT NO. C32610, PROJECT NO. 904-13). Rec: By Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 4 to Vintage Associates, Inc., Bermuda Dunes, California, for a 24-month period in the amount of $249,360 ($124,680/year); 2) include extra repair work and services in an amount not to exceed 20% of the 24-month contract amount ($49,872); 3) authorize the Mayor to execute said contract - funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. Action: E. REQUEST FOR AWARD OF CONTRACT TO KIRKPATRICK LANDSCAPING SERVICES, INC., FOR A 24-MONTH PERIOD IN THE AMOUNT OF $192,823.02, PLUS AN AMOUNT NOT TO EXCEED 20% OF THE CONTRACT AMOUNT FOR EXTRA REPAIR WORK AND 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013 SERVICES - LANDSCAPE MAINTENANCE AREA NO. 7 (CONTRACT NO. C32620, PROJECT NO. 907-13). Rec: By Minute Motion: 1) Award the subject contract for Landscape Maintenance Area No. 7 to Kirkpatrick Landscaping Services, Inc., Indio, California, for a 24-month period in the amount of $192,823.02 ($96,411.51/year); 2) include extra repair work and services in an amount not to exceed 20% of the 24-month contract amount $38,564.60); 3) authorize the Mayor to execute said contract - funds are available in the respective Landscape and Lighting District Accounts. Action: F. REQUEST FOR AWARD OF CONTRACT TO LANCE SOARES, INC., D.B.A. CLEAN SWEEP ENVIRONMENTAL, IN THE AMOUNT OF $282,219.60 FOR A 24-MONTH PERIOD FOR COMMERCIAL AND RESIDENTIAL STREET SWEEPING SERVICES (CONTRACT NO. C32710). Rec: By Minute Motion: 1) Award the subject contract to Lance Soares, Inc., d.b.a. Clean Sweep Environmental, North Highlands, California, for Commercial and Residential Street Sweeping for a 24-month period in the amount of $282,219.60 ($141,109.80/year); 2) authorize the Mayor to execute said contract - funds are available in General Fund Account No. 110-4310-433-3320 - Street Repair and Maintenance. Action: G. REQUEST FOR AWARD OF CONTRACT TO CLEANSTREET IN THE AMOUNT OF $72,209.12 FOR A 24-MONTH PERIOD FOR PARKING LOT SWEEPING (CONTRACT NO. C32720). Rec: By Minute Motion: 1) Award the subject contract for Parking Lot Sweeping for a 24-month period to CleanStreet, Gardena, California, in the amount of $72,209.12 ($38,104.56/year); 2) authorize the Mayor to execute said contract - funds are budgeted in the respective accounts for all Parking Lot Sweeping expenses, as listed in the accompanying staff report. Action: H. REQUEST FOR AWARD OF CONTRACT TO GRANITE CONSTRUCTION COMPANY IN THE AMOUNT OF $2,988,995 FOR CONSTRUCTION OF THE MONTEREY AVENUE AND FRED WARING 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013 DRIVE IMPROVEMENT PROJECT (CONTRACT NO. C29780A, PROJECT NO. 656-06). Rec: By Minute Motion: 1) Award subject contract for Construction of the Monterey Avenue and Fred Waring Drive Improvement Project to Granite Construction Company, Indio, California, in the amount of $2,988,995; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $298,899.50; 3) appropriate $70,557.09 from Unobligated Measure "A" to Account No. 213-4383-433-4001 for the project; 4) authorize the Mayor to execute said contract; 5) approve a Reimbursement Agreement with City of Rancho Mirage, pending final review and approval by the City Attorney (Contract No. C29780B); 6) authorize deposit of reimbursement funds received from City of Rancho Mirage under Contract No. C29780B to be made to the Unobligated Measure "A" Fund; 7) authorize the Mayor to execute said Reimbursement Agreement - funding is available for this project in Measure "A" Funds, Account No. 213-4383-433-4001, Drainage Facility Account No. 232-4383-433-4001, and Unobligated Measure "A" Funds - no General Fund money being used for this expenditure. Action: I. REQUEST FOR APPROVAL OF CONTRACT WITH TERRA NOVA PLANNING & RESEARCH FOR FINANCIAL ANALYSES ASSOCIATED WITH POTENTIAL ANNEXATIONS OF AREA TO THE CITIES OF PALM DESERT AND CATHEDRAL CITY, AND APPROPRIATION OF FUNDS FOR SAME (CONTRACT NO. C32760). Rec: By Minute Motion: 1) Approve the subject contract with Terra Nova Planning & Research, Palm Desert, California, to analyze a fiscal impact analysis and plan for municipal services prepared by Ralph Anderson & Associates for Cathedral City; and prepare a fiscal impact analysis for the lands currently in the northerly portion of the Palm Desert Sphere of Influence, including Bermuda Dunes, Sun City, and the commercial areas between 38th Avenue and Interstate 10; 2) decline at this time to study the potential financial impact of annexing any area(s) outside of the Palm Desert Sphere of Influence; 3) appropriate $29,110 plus a 10% contingency (totaling $32,021) from Unobligated General Fund Reserves to Account No. 110-4470-412-3090 for the subject contract. Action: J. REQUEST FOR APPROVAL OF AN INCREASE TO THE RESIDENT GOLF RATE AT DESERT WILLOW GOLF RESORT TO $48.00 BASED ON THE CONSUMER PRICE INDEX (CPI). 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013 Rec: 1) By Minute Motion, approve a Resident Golf Fee Rate increase from $45.00 to $48.00 for Fiscal Year 2013-2014 based on actual CPI, utilizing 2010 as the base year. 2) Waive further reading and adopt Resolution No. 2013-18, establishing an annual Resident Golf Rate Adjustment based on annual CPI, by whole-dollar increases only. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C32210 FOR THE DESERT WILLOW RESERVOIR COVER REPLACEMENT PROJECT (PROJECT NO. 861-12). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the total amount of $149,938.60 to the subject contract with Layfield Environmental Systems Corporation, Spring Valley, California; 2) Authorize the transfer of $26,047.80 from contingency to base for this purpose; 3) Approve a 21 calendar-day time extension to the contract; 4) Authorize the Mayor to execute Change Order No. 1 - funds for the remaining balance of Change Order No. 1 ($123,890.80) are available in Course and Grounds Expenses Account, No. 441-4195-495-8092. Action: XVII. PUBLIC HEARINGS 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013 A. CONSIDERATION OF AN APPEAL TO THE CITY COUNCIL FOR REVIEW OF THE PLANNING COMMISSION ACTION APPROVING CONDITIONAL USE PERMIT (CUP) 12-231, ALLOWING A NEW VERIZON 68-FOOT WIRELESS TELECOMMUNICATIONS MONO-PALM AND NEW EQUIPMENT SHELTER LOCATED AT TEMPLE SINAI, 73- 251 HOVLEY LANE WEST, Case No. CUP 12-231 (Verizon Wireless, Applicant) (Eitan Hedram, Appellant). Rec: Waive further reading and adopt Resolution No. 2013 - 19, reaffirming the Planning Commission's action and approving Case No. CUP 12-231. Action: B. REQUEST FOR APPROVAL OF THE OUTSIDE AGENCY FUNDING COMMITTEE'S FISCAL YEAR 2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING RECOMMENDATIONS, FIVE-YEAR CONSOLIDATED PLAN, AND ONE-YEAR ACTION PLAN. Rec: 1) Open the public hearing. 2) By Minute Motion, continue this public hearing to the meeting of May 23, 2013. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of April 15-26, 2013. Rec: Receive and file. Action: B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 2013 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 FUTURE MEETINGS: May 14, 2013 12:00 p.m. Architectural Review Commission Community Services Conference Room May 15, 2013 9:00 a.m. Art In Public Places Commission Community Services Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room May 21, 2013 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber May 23, 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 rd not less than 72 hours prior to the meeting. Dated this 3 day of May, 2013. ___________________________ Rachelle D. Klassen, City Clerk 13