The URL can be used to link to this page

Home My WebLink AboutAGENDA 27 MAR 2014 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 27, 2014 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, Successor Agency to the Palm Desert Redevelopment Agency, or Housing Authority 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 , Successor Agency , or Housing Authority Board. Because the Brown Act does not allow the City Council, Successor Agency, or Housing Authority 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, Successor, , or Housing Authority 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. 114, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: State of California, Dept. of General Services Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite Nos. 211 & 224, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 Property Owner: City of Palm Desert Other Parties: State of California, Dept. of General Services 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. Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager D. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Party: John M. Wohlmuth/City of Palm Desert 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 - Councilmember Jan C. Harnik VII. INVOCATION - Mayor Van G. Tanner 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 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 A. APPOINTMENT OF MEMBERS TO THE CITY'S HOTEL & SIGNATURE EVENTS COMMITTEE. Rec: By Minute Motion, appoint the following seven (7) Community Members to the Hotel & Signature Events Committee, with staggered terms of two, three, and four years to be determined at the Committee's organizational meeting: 1) Ralph Scatena, General Manager, JW Marriott Desert Springs; 2) Jeff Kokinacis, Sales Director, Embassy Suites Hotel; 3) Arnold Kirschenbaum, General Manager, The Inn at Deep Canyon; 4) Marilyn L. Dyer, Marketing Manager, Club Intrawest; 5) Mitch Gershenfeld, President &CEO, McCallum Theatre; 6) Scott White, President &CEO, Greater Palm Springs Convention &Visitors Bureau; 7) Barbara deBoom, President &CEO, Palm Desert Area Chamber of Commerce, making a total of nine (9) Members, including Councilmembers Harnik and Spiegel, and Councilmember Benson (Alternate). 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 March 13, 2014. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 183, 186, and 187. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of January 2014 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 1. Art In Public Places Commission Meetings of January 8 and February 12, 2014. 2. Audit, Investment & Finance Committee Meeting of January 28, 2014. Rec: Receive and file. E. RESOLUTION NO. 2014 - 18 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Paper Records from the Office of the City Clerk that Have Been Digitally Imaged (March 12, 2014, List). Rec: Waive further reading and adopt. F. LIMITED PROCEDURES REVIEW of Various Palm Desert Operators for Compliance with the City of Palm Desert's Transient Occupancy Tax (T.O.T.) Ordinance for Calendar Years 2011 and 2012. Rec: By Minute Motion, receive and file the Limited Procedures Review of various Palm Desert Operators for compliance with the City of Palm Desert's T.O.T. Ordinance for Calendar Years 2011 and 2012. G. REQUEST FOR AWARD OF CONTRACT to TNV Towing for Towing Services for Inoperable and Abandoned Vehicles Pursuant to the City's Abandoned Vehicle Abatement Program (Contract No. C33430). Rec: By Minute Motion: 1) Award the subject contract for removal of abandoned and inoperable vehicles to TNVT Towing, Thousand Palms, California; 2) authorize the Mayor to execute said contract on behalf of the City - contractor will receive no compensation directly from the City but from the sale of junked vehicles and/or parts to salvage and vehicle dismantling yards. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 H. REQUEST FOR AWARD OF CONTRACT to Cora Constructors, Inc., in the amount of $41,410 for Construction of the Highway 111 Curb Ramp Modification Project (Contract No. C33130, Project No. 753-14A). Rec: By Minute Motion: 1) Award subject contract for Construction of the Highway 111 Curb Ramp Modification project to Cora Constructors, Inc., Palm Desert, California, in the amount of $41,410; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $4,141; 3) authorize the Mayor to execute the agreement - funds are available in Account No. 213-4312-433- 4001- Measure "A" - ADA Curb Ramp. I. REQUEST FOR ARWARD OF CONTRACT to Westcon Construction, Inc., in the Amount of $45,960 for Construction of the 2014 Curb Ramp Modification Project (Contract No. C33170, Project No. 753-14). Rec: By Minute Motion: 1) Award subject contract for Construction of the 2014 Curb Ramp Modification Project to Westcon Construction, Inc., Indio, California, in the amount of $45,960; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $4,596; 3) authorize the Mayor to execute the agreement - funds are available in Account Nos. 110-4312-433- 3320 ADA Curb Ramp and 231-4312-433-4001 - New Construction Tax/ADA Curb Ramp. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C32870A - 2013 Traffic Signal Maintenance Project (Project No. 580-13) (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. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL OF AN ORDER TO ABATE A PUBLIC NUISANCE DATED FEBRUARY 20, 2014, FOR VIOLATIONS OF PALM DESERT MUNICIPAL CODE SECTION 8.20.020 ON THE PROPERTY LOCATED AT 73900 MOUNTAIN VIEW AVENUE (William T. and Debby L. Flannery, Appellants). Rec: By Minute Motion, deny the Appeal dated March 3, 2014, and uphold the Order to Abate a Public Nuisance dated February 20, 2014, making a determination and finding that the existence and storage of junk, trash, debris, tires, furniture, appliances, cardboard, and other unsightly items at 73900 Mountain View Avenue constitutes a public nuisance as outlined in the Order to Abate a Public Nuisance. Action: B. REQUEST FOR APPROVAL OF THE SUB-REIMBURSEMENT AGREEMENT BETWEEN THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) AND THE CITY OF PALM DESERT FOR THE JEFFERSON STREET INTERCHANGE AT INTERSTATE 10 PROJECT (CONTRACT NO. C33440). Rec: By Minute Motion: 1) Approve the subject Sub-reimbursement Agreement between CVAG, Cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, Rancho Mirage, and the County of Riverside for the Jefferson Street Interchange Project at I-10. 2) Appropriate $312,500 from Unobligated Measure "A" Funds for this expenditure. 3) Authorize the Mayor to execute said agreement - funding is available in Unobligated Measure "A" Funds. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 C. REQUEST FOR APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH DIANE R. GLADWELL, MMC, GLADWELL GOVERNMENTAL SERVICES, INC., TO PERFORM RECORDS MANAGEMENT CONSULTATION AND TRAINING, AND FOR DEVELOPMENT OF RECORDS RETENTION SCHEDULES FOR ALL CITY DEPARTMENTS (CONTRACT NO. C33450). Rec: By Minute Motion, approve the subject contract with Gladwell Governmental Services, Inc., Lake Arrowhead, California, in the amount of $12,200 to perform Citywide Departmental Records Management Training and Retention Schedule Development, and authorize the Mayor to execute same - funds are available through the Mid-year Budget Adjustment approved on February 13, 2014, in City Clerk Professional/Other Account, No. 110-4111-410-3090, for this purpose. Action: D. REQUEST FOR APPROVAL OF FIRST AMENDMENT TO RENEW CONTRACT WITH SAME DAY EXPRESS IN THE AMOUNT OF $39,996 FOR THE PERIOD OF JULY 1, 2014, TO JUNE 30, 2015, FOR MAINTENANCE SERVICES FOR THE CITY OF PALM DESERT'S PERMANENT PUBLIC ART COLLECTION AND THE EL PASEO EXHIBITION (CONTRACT NO. C32741). Rec: By Minute Motion, approve First Amendment to renew the subject contract, its first extension, with Same Day Express, Palm Desert, California, in the amount of $39,996 - July 1, 2014, to June 30, 2015, for Maintenance Services for the City's Permanent Public Art Collection and the El Paseo Exhibition - funds are available in Account No. 436-4650-454-3372. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 E. REQUEST FOR AWARD OF CONTRACT TO ANDY'S LANDSCAPE & TREE SERVICE, INC., IN THE AMOUNT OF $67,008.80 FOR THE 2014 CITYWIDE PALM TREE PRUNING PROGRAM (CONTRACT NO. C33290, PROJECT NO. 931-14) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion: 1) Award subject contract for the 2014 Citywide Palm Tree Pruning Program to Andy's Landscape & Tree Service, Inc., Palm Desert, California, in the total amount of $67,008.80 (City - $59,947.20; Housing Authority - $7,061.60). 2) Authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $6,700.88 (City - $5,994.72; Housing Authority - $706.16). 3) Authorize the Mayor/Chairman to execute the agreement - funds are available for the portion of the contract relative to the City and Assessment Districts in Parks & Recreation Account Nos. 110- 4610-453-3320, 110-4611-453-3320, 110-4610-453-3371, and Repair/Maintenance Medians Account No. 110-4614-453-3370, and Assessment District Fund 200 Accounts; for the Housing Authority, funds are set aside in the FY 2013-2014 and proposed FY 2014-2015 Housing Authority Operating Budgets for this purpose. Action: F. REQUEST FOR DIRECTION RELATIVE TO TAX ROLL BILLING AND RECYCLE AND VEHICLE IMPACT FEES FOR RESIDENTIAL SOLID WASTE AND RECYCLING COLLECTION IN THE CITY. Rec: By Minute Motion, direct staff as to the appropriate follow-up action relative to Tax Roll Billing and Recycle and Vehicle Impact Fees. Action: XV. CONTINUED BUSINESS None \\ 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO WEST COAST ARBORISTS, INC., IN THE AMOUNT OF $106,392 FOR THE 2014 CITYWIDE TREE PRUNING PROGRAM (CONTRACT NO. C33200, PROJECT NO. 932-14) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion: 1) Declare the bid received from Liberty Landscaping, Inc., as non- responsive. 2) Award subject contract for the 2014 Citywide Tree Pruning Program to West Coast Arborists, Inc., Grand Terrace, California, in the total amount of $106,392 (City - $76,736; Housing Authority - $29,656). 3) Authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $10,639.20 (City - $7,673.60; Housing Authority - $2,965.60). 4) Authorize the Mayor/Chairman to execute the agreement - funds are available for the portion of the contract relative to the City and Assessment Districts in Parks & Recreation Account Nos. 110- 4610-453-3320, 110-4611-453-3320, 110-4610-453-3371, and in Repair/Maintenance Medians Account No. 110-4614-453-3370, and Assessment District Fund 200 Accounts; for the Housing Authority, funds are set aside in FY 2013-2014 and proposed FY 2014-2015 Housing Authority Operating Budgets for this purpose. Action: XVII. PUBLIC HEARINGS None 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of March 4 - 14, 2014. Rec: Receive and file. Action: B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY 2. Fire Department 3. 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 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 2014 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 st not less than 72 hours prior to the meeting. Dated this 21 day of March, 2014. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. ____________________________ Rachelle D. Klassen, City Clerk 11