POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 2015 CIVIC CENTER COUNCIL CHAMBER

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1 REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 2015 CIVIC CENTER COUNCIL CHAMBER FRED WARING DRIVE, PALM DESERT, CA I. CALL TO ORDER - 3:00 P.M. II. III. ROLL CALL ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) 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 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, or Housing Authority Boards. Because the Brown Act does not allow the City Council, Successor 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, or Housing Authority meeting. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section : 1) Property: APN (San Antonio Circle/Alessandro West) Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/ City of Palm Desert Property Owner: David & Agnes Holtz Under Negotiation: x Price x Terms of Payment 2) Property: Lease Property - Parkview Professional Office Complex Fred Waring Drive, Suite No. 201, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Virginia Waring Piano Competition Under Negotiation: x Price x Terms of Payment

2 B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section (d)(2): Number of potential cases: 2 C. 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. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Sabby Jonathan NATIONAL ANTHEM - Palm Desert High School Band VII. VIII. INVOCATION - Councilman Van G. Tanner 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. - 5:00 p.m., Fred Waring Drive, Palm Desert, CA 92260, telephone (760) IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, NOVEMBER 12, 2015, AS MICHELLE McLAUGHLIN CHERLAND DAY IN THE CITY OF PALM DESERT. 2

3 B. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, NOVEMBER 12, 2015, AS CAROLE SCHAUDT DAY IN THE CITY OF PALM DESERT. C. PRESENTATION OF PROCLAMATION DECLARING NOVEMBER 28, 2015, AS SMALL BUSINESS SATURDAY IN THE CITY OF PALM DESERT. D. INTRODUCTION OF DEPUTY ZACHARY TAYLOR AND DEPUTY CHRISTIN ROGERS TO HONOR THEIR OUTSTANDING CONTRIBUTIONS TO THE CITY OF PALM DESERT S POLICE DEPARTMENT, AS RECENTLY RECOGNIZED BY MOTHERS AGAINST DRUNK DRIVING ( MADD ). E. INTRODUCTION OF PALM DESERT S NEW K9 TEAM OF DEPUTY PATRICK MUSHINSKIE AND RIO. 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 October 22, Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 10/5/ /15/2015, 10/21/ /31/2015, and 10/30/2015. Approve as presented. 3

4 C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 10/2/2015, 10/9/2015, 10/16/ /31/2015, 10/23/2015, and 10/30/2015 (Joint Consideration with the Palm Desert Housing Authority). Approve as presented. D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of September 2015 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of July 8, Audit, Investment & Finance Committee Meeting of September 22, Library Promotion Committee Meeting of February 18, Marketing Committee Meeting of September 15, Parks & Recreation Commission Meeting of September 1, Public Safety Commission Meeting of May 13, Youth Committee Meeting of October 5, Receive and file. F. REQUEST FOR AUTHORIZATION to Issue a Call For Entries Seeking Artists for the 2017/2018 El Paseo Exhibition (Contract No. C34780). By Minute Motion, authorize staff to issue a Call For Entries Seeking Artists to exhibit in the 2017/2018 El Paseo Exhibition. G. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal Miscellaneous Office Equipment. By Minute Motion, declare items listed on the accompanying staff report s Exhibit A as surplus property and authorize disposal as appropriate. H. RESOLUTION NO 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 Department of Community Development, as Indicated in the Records Retention Schedule (Adopted May 14, 2015) Records Dated (Exhibit A). Waive further reading and adopt. 4

5 I. RESOLUTION NO 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 Finance, as Indicated on the Records Retention Schedule (Adopted May 14, 2015) - Records Dated (Exhibit A). Waive further reading and adopt. J. REQUEST FOR RATIFICATION of the City Manager s Authorization for Additional Engineering Costs to Contract for Construction Documents for the El Paseo Multi-Use Community Center (a.k.a. Entrada Pavilion Project) (Contract No. C33970A). By Minute Motion, ratify the City Manager s authorization for additional engineering costs to the subject contract with JMA Architecture, Inc., Palm Desert, California, in the amount of $2,500 for the El Paseo Multi-Use Community Center (a.k.a. Entrada Pavilion Project) funds are available in Account No K. REQUEST FOR AUTHORIZATION to Purchase One Flatbed Pickup Truck from Fairview Ford of San Bernardino in the Amount of $40, By Minute Motion, authorize purchase of one (1) flatbed pickup truck from Fairview Ford of San Bernardino, California, in the amount of $40, funds are available in Account No Equipment Replacement. L. REQUEST FOR AUTHORIZATION to Purchase a One-Ton Dump Truck from Fairview Ford of San Bernardino in the Amount of $36, By Minute Motion, authorize purchase of a one-ton dump truck from Fairview Ford of San Bernardino, California, in the amount of $36, M. REQUEST FOR APPROVAL of Program Supplement Agreement No. 011-N for Federal Aid Funds Between City of Palm Desert and the State of California Department of Transportation for Construction of the Portola Avenue STP Rehab Project (Contract No. C34290A, Project No ). By Minute Motion: 1) Approve Program Supplement Agreement No. 011-N between the City of Palm Desert and State of California Department of Transportation (Caltrans) for Construction of the Portola Avenue STP Rehab Project; 2) authorize the Mayor to execute said Agreement approval will allow City to receive Federal STP funds for the project. 5

6 N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C34530 Tamarisk Row Micro-Mill Project (Project No ) (Pavement Coatings Company, Jurupa Valley, CA). By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. O. REQUEST FOR AUTHORIZATION to Commission an Artist to Paint Design on the Set of Two (2) Traffic Signal Cabinets on the Northwest Corner of Fred Waring Drive/Portola Avenue (Contract No. C34790). By Minute Motion, authorize commissioning of an artist to paint design on the set of two (2) traffic signal cabinets on the northwest corner of Fred Waring Drive/Portola Avenue funds are available in Account No , no General Fund money will be expended. P. REQUEST FOR AUTHORIZATION to Commission an Artist to Create Artwork for a Vinyl Wrap to be Placed on the Set of Two (2) Traffic Signal Cabinets on the Southeast Corner of Magnesia Falls Drive/Portola Avenue (Contract No. C34800). By Minute Motion, authorize commissioning of an artist to create artwork for a vinyl wrap to be placed on the set of two (2) traffic signal cabinets on the southeast corner of Magnesia Falls Drive/Portola Avenue funds are available in Account No , no General Fund Money will be expended. XI. CONSENT ITEMS HELD OVER 6

7 XII. RESOLUTIONS A. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT LOCATED OVER PORTIONS OF LOTS AH AND T, AND THE RIGHT OF INGRESS AND EGRESS FOR SERVICE AND EMERGENCY PURPOSES OVER ALL OF LOT T OF TRACT NO UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. Waive further reading and adopt. B. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (CVB) AMENDED AND RESTATED JOINT POWERS AGREEMENT. Waive further reading and adopt. C. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM. Waive further reading and adopt. D. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ITS RESOLUTION NO AND RESTATING ITS POLICY ON THE OFFICE OF MAYOR AND THE OFFICE OF MAYOR PRO-TEMPORE. Waive further reading and adopt. 7

8 XIII. ORDINANCES A. For Introduction: 1. ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REVISING SECTION OF THE PALM DESERT MUNICIPAL CODE - PERSONNEL SYSTEM, BENEFITS - SICK LEAVE. Waive further reading and pass to second reading. 2. ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.97 OF THE PALM DESERT MUNICIPAL CODE, ADDING SECTION TEMPORARY PERMITTED USES - ALLOWING FOOD VENDING TRUCKS TO OPERATE WITH LESS RESTRICTIONS IN FOUR DESIGNATED AREAS ON A TEMPORARY BASIS UNTIL DECEMBER 31, Waive further reading and pass to second reading B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR ESTABLISHMENT OF AN INTERNAL SERVICE FUND 577 FOR COMPENSATED ABSENCES IN THE CITY OF PALM DESERT. 1) Waive further reading and adopt Resolution No , establishing an Internal Service Fund 577 for compensated absences in the City of Palm Desert. 2) By Minute Motion: a) Approve a transfer in the amount of $56,000 from the General Fund to Compensated Absences Fund; b) appropriate $82,402 to Compensated Absences Fund. 8

9 B. REQUEST FOR ACCEPTANCE OF CALCOPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING (SLESF) FOR FISCAL YEAR By Minute Motion, approve the CalCOPS Supplemental Law Enforcement Services Funding (SLESF) Expenditure Plan, as provided by the Chief of Police, for expenditure of a $100,000 grant award to cover the costs of the 2015 Holiday Theft Suppression Program and miscellaneous equipment, services, and supplies to support front-line law enforcement services. C. REQUEST FOR AWARD OF CONTRACT TO EARTH SCULPTURES, INC., IN THE AMOUNT OF $110,239 FOR THE PORTOLA AVENUE SIDEWALK RELOCATION LANDSCAPE PROJECT (CONTRACT NO. C27690E, PROJECT NO ). By Minute Motion: 1) Award subject contract in the amount of $110,239 to Earth Sculptures, Inc., Indio, California, for the Portola Avenue Sidewalk Relocation Landscape Project; 2) authorize Director of Finance to set aside a 10% contingency in the amount of $11,023.90; 3) authorize the Mayor to execute said contract funds are available in Account No Portola Sidewalk Capital Project Fund. D. REQUEST FOR AWARD OF CONTRACT TO HARDY AND HARPER, INC., IN THE AMOUNT OF $647,000 FOR CONSTRUCTION OF THE PORTOLA AVENUE STP REHAB PROJECT (CONTRACT NO. C34290, PROJECT NO ). By Minute Motion: 1) Award subject contract, including Bid Alternate #1, for Construction of the Portola Avenue STP Project to Hardy and Harper, Inc., Santa Ana, California, in the amount of $647,000; 2) authorize Director of Finance to set aside 10% contingency for the project in the amount of $64,700; 3) authorize Mayor to execute said contract funding is available in Account Nos General Fund Street Maintenance and Measure A Fund Street Maintenance. 9

10 E. REQUEST FOR AWARD OF CONTRACT TO ROSA LOWINGER & ASSOCIATES IN THE AMOUNT OF $15,000 FOR RESTORATION OF PEACE MEMORIAL, AN ARTWORK IN THE CITY OF PALM DESERT S PUBLIC ART COLLECTION (CONTRACT NO. C34810). By Minute Motion: 1) Award subject contract in the amount of $15,000 to Rosa Lowinger & Associates, Los Angeles, California, for restoration of Peace Memorial, an artwork in the City of Palm Desert s Public Art Collection. 2) Authorize Mayor to execute contract. 3) Appropriate funds in the amount of $15,000 from the Public Art Fund s Repair and Maintenance Account, No for same. F. REQUEST FOR APPROVAL OF MEDIA PLAN FOR FISCAL YEAR AND AUTHORIZATION TO CREATE PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $403,000 FOR MEDIA BUY EXPENDITURES RELATED TO CITY MARKETING SERVICES CONTRACTOR H & L PARTNERS EXECUTING SAID MEDIA PLAN (CONTRACT NO. C34640). By Minute Motion: 1) Concur with the Marketing Committee s recommendation and approve the Palm Desert Media Plan for Fiscal Year ) Authorize creation of a purchase order in an amount not to exceed $403,000 for said Media Buy expenditures related to H & L Partners executing said Media Plan, per subject contract funds are available in the approved FY Budget, and additional funds are available for cooperative advertising opportunities with various community entities, such as Desert Willow, hotel properties, and El Paseo Business Improvement District, as well as local attractions; no additional funds are being requested as part of this item. 10

11 G. 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 DESERT ROSE KELSEY COURT (APN ) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). By Minute Motion: 1) Approve a silent down payment assistance loan associated with a direct sale in Desert Rose, not to exceed 40% of a sales price of $131,750 to ensure an affordable housing cost pursuant to California Health & Safety Code Section , for a qualified low- or moderate-income household from any available funding source restricted for such purpose (Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation). 2) Authorize use of the Desert Rose 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. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None 11

12 XVII. PUBLIC HEARINGS A. REQUEST FOR ADOPTION OF A RESOLUTION, FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY LOCATED ALONG THE SOUTH SIDE OF SAN ANTONIO CIRCLE, EAST OF MONTEREY AVENUE, IN PALM DESERT, CALIFORNIA, OTHERWISE KNOWN AS A PORTION OF A.P.N , FOR THE ALESSANDRO WEST IMPROVEMENT PROJECT. Waive further reading and adopt Resolution No , finding that the public interest and necessity require the acquisition of a portion of real property in fee simple interest located along the south side of San Antonio Circle, east of Monterey Avenue, in Palm Desert, California, Riverside County, otherwise known as a portion of Assessor s Parcel Number (A.P.N.) , for the proposed construction of road improvements along the south side of San Antonio Circle in Alessandro West. B. REQUEST FOR ADOPTION OF A RESOLUTION, MAKING CERTAIN FINDINGS PURSUANT TO GOVERNMENT CODE SECTION RELATIVE TO THE ANNUAL REPORT OF CALCULATION OF GOVERNMENT CODE SECTION DEVELOPMENT IMPACT FEES FOR THE CITY OF PALM DESERT. 1) Receive public testimony on the Annual Report and Findings. XVIII. REPORTS AND REMARKS A. CITY MANAGER 2) Waive further reading and adopt Resolution No , making certain findings pursuant to California Government Code Section Nos and City Manager Meeting Summaries for the Period of October 12-30, Receive and file. 12

13 B. CITY ATTORNEY C. CITY CLERK 1. Announcement of City Council Study Session - Review of Council Liaison Assignments - Thursday, December 10, 2015, at 2:00 p.m. in the. D. PUBLIC SAFETY 1. Fire Department 2. Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Mayor s Meeting Summaries Report for the Period of October 10- November 6, Receive and file. 2. Council Requests for Action/Committee Reports/Comments: 3. Council Consideration of Travel Requests and Reports: XIX. ADJOURNMENT 13

14 FUTURE MEETINGS: November 16, :00 p.m. Citizens Sustainability Committee November 17, :00 p.m. Marketing Committee 6:00 p.m. Planning Commission Civic Center Council Chamber November 18, :00 a.m. Adj. Art In Public Places Commission Development Services Conference Room 3:00 p.m. Library Promotion Committee November 24, :00 a.m. Cultural Resources Preservation Cmte. 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12:00 p.m. Architectural Review Commission Development Services Conference Room November 26, :00 p.m. Reg. City Council/Successor-RDA Mtgs. -CANCELED- Thanksgiving Holiday December 1, :30 a.m. Parks & Recreation Commission 6:00 p.m. Planning Commission Civic Center Council Chamber December 2, :00 p.m. Hotel & Signature Events Committee North Wing Conference Room December 7, :30 p.m. Oversight Board 6:00 p.m. Youth Committee December 8, :00 p.m. Architectural Review Commission Development Services Conference Room December 9, :00 a.m. Art In Public Places Commission Development Services Conference Room 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission December 10, :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 prior to the meeting. Dated this 6th day of November, Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. 14 Rachelle D. Klassen, City Clerk