REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 24, 2012 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 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 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(b): Number of potential cases: 2 B. Security of Public Services or Facilities Pursuant to Government Code Section 54957: Consultation with: Palm Desert Police Department/ Riverside County Sheriff s Department 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 - Councilmember Jan C. Harnik VII. INVOCATION - Councilmember Cindy Finerty VIII. ORAL COMMUNICATIONS - B A. PRESENTATION OF ANIMAL ADOPTION FEATURE. 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. - 5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE RETIRING CITY OF PALM DESERT EMPLOYEES RHONDA HENDERSON AND JAY NIEMCZAK. 2
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 May 10, 2012. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 253 and 254. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of March 21, 2012. 2. Citizens Sustainability Committee Meeting of February 8, 2012. Rec: Receive and file. D. REQUEST FOR AUTHORIZATION to Streamline the Use of Vendors for the Corporation Yard by Granting Exception to Bidding Requirements and Approving the Original Equipment Manufacturer (OEM) Vendor List and the Corporation Yard Various Vendors and Qualified Service Providers List for Fiscal Year 2012-2013. Rec: By Minute Motion: 1) Grant an exception to the bidding requirements, for FY 2012-2013 as provided for by Section 3.32.090 of the Palm Desert Municipal Code; 2) approve the OEM Vendor List; 3) approve the Corporation Yard Various Vendors and Qualified Service Providers List as presented. 3
E. REQUEST FOR AUTHORIZATION to Use Desert NAPA Auto Parts Company to Supply Aftermarket Automotive Parts, Tools, Equipment, and Services for Fleet Maintenance - Fiscal Year 2012-2013 in an Amount Not to Exceed $25,000. Rec: By Minute Motion, approve the use of Desert NAPA Auto Parts Company, Palm Desert, California, to supply aftermarket automotive parts, tools, equipment, and services for Fleet Maintenance - FY 2012-2013 in an amount not to exceed $25,000 funds are available in General Fund Account No. 110-4331-413-3340 - R/M Fleet. F. REQUEST FOR APPROVAL of the Purchase of Compressed Natural Gas (CNG) Fuel from Clean Energy and SunLine Services Group for Fiscal Year 2012-2013 in an Amount Not to Exceed $40,000. Rec: By Minute Motion, approve the purchase of CNG fuel from Clean Energy, Seal Beach, California, as the primary source, and SunLine Services Group, Thousand Palms, California, as an alternative source for FY 2012-2013 in an amount not to exceed $40,000 funds are available in General Fund Account No. 110-4331-413-2170 - Auto Fleet-Supply Automotive Gas. G. REQUEST FOR APPROVAL of $31,000 Expenditure for Postage for the Bright Side Newsletter in Fiscal Year 2012-2013. Rec: By Minute Motion, approve the expenditure of $31,000 for the United States Postal Service to cover a year s worth of postage for mailing of the bimonthly Bright Side newsletter funds have been included in the proposed budget for 2012-2013 in Account No. 110-4417-414-3026. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31420 Citywide Drywell Removal Project (Project No. 500-12) (Simon Contracting, Indio, 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. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31430 Summit Resurfacing Project (Project No. 752-12C) (Matich Corporation, Inc., Highland, 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. 4
J. ANNUAL REPORT - 2011 Palm Desert Fire Department. Rec: Receive and file. K. ANNUAL REPORT - 2011 Palm Desert Police Department. Rec: Receive and file. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTION TO PROVIDE WORKERS COMPENSATION COVERAGE FOR ALL CITY VOLUNTEERS AND COMMITTEE/COMMISSION MEMBERS AND RELATED ACTIONS. Rec: 1) Waive further reading and adopt Resolution No. 2012-31, relative to providing Workers Compensation Insurance Coverage for all City of Palm Desert Volunteers and Committee/Commission Members, and rescinding Resolution Nos. 02-76, 04-23, 09-73, and any other Resolutions that may exist pertaining to volunteers of the City. 2) By Minute Motion, approve Volunteer Program Acknowledgment of Workers Compensation Form. 5
B. CONSIDERATION OF REQUEST BY BURRTEC WASTE AND RECYCLING FOR APPROVAL OF THE ANNUAL PRODUCER PRICE INDEX (PPI) AND COUNTY OF RIVERSIDE GATE/DISPOSAL FEE INCREASES. Rec: 1) By Minute Motion, approve the proposed 3.91% PPI Rate Increase and 3.52% Gate/Disposal Fee Increase from $39.16 to $40.54 per ton. 2) Waive further reading and adopt Resolution No. 2012-32, approving the new Adjusted Rate Schedule of Fees (Exhibit 3 for Residential, Commercial, and Roll-off) for the Collection, Recycling, and Disposal of Municipal Solid Waste and Residential/Commercial Recycling contained in Contract No. C27410 - Solid Waste Management Services. 3) By Minute Motion, apply rate increase to residents. C. REQUEST FOR AUTHORIZATION TO SUSPEND PALM DESERT MUNICIPAL CODE CHAPTER 25.68 - SIGNS, SECTIONS 25.68.090 (A) AND (M) - TEMPORARY SIGNS - FOR A PERIOD OF THREE MONTHS 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., MAY 25 - SEPTEMBER 4, 2012. Rec: By Minute Motion, approve a three-month suspension of Chapter 25.68 - Signs, Sections 25.68.090 (A) and (M) - Temporary Signs - to allow community home builders two, temporary off-site signs not located within the public right-of-way; one 3-foot x 10-foot banner per street frontage; and four company flags located at the entry of each residential development temporary program to run from May 25, 2012, through September 4, 2012, during weekends, beginning Fridays at 3:00 p.m. and ending Mondays at 10:00 a.m. 6
D. CONSIDERATION OF INITIATION OF PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR FISCAL YEAR 2012-2013 FOR CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 01. Rec: Waive further reading and adopt Resolution No. 2012-33, declaring intention to levy the annual assessment for Fiscal Year 2012-2013 for the City of Palm Desert Benefit Assessment District No. 01 pursuant to the Benefit Assessment Act of 1982 and appointing a time and place for the public hearing on these matters. E. CONSIDERATION OF INITIATION OF PROCEEDINGS TO LEVY AND COLLECT ANNUAL ASSESSMENTS FOR THE PALM DESERT CONSOLIDATED LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2012-2013; AND GRANTING PRELIMINARY APPROVAL OF THE ENGINEER S REPORT FOR THE CONSOLIDATED PALM DESERT LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2012-2013. Rec: Waive further reading and adopt: 1) Resolution No. 2012-34, initiating proceedings for the levy and collection of annual assessments for the Palm Desert Consolidated Landscape and Lighting District for FY 2012-2013; 2) Resolution No. 2012-35, declaring the intent to levy and collect annual assessments for the Palm Desert Consolidated Landscape and Lighting District; and granting preliminary approval of the Engineer s Report for FY 2012-2013. F. REQUEST FOR APPROVAL OF ONE-YEAR EXTENSION OF CONTRACT WITH FAMILY YMCA OF THE DESERT FOR MANAGEMENT AND OPERATIONS SERVICES AT THE PALM DESERT AQUATIC CENTER FOR FISCAL YEAR 2012-2013 (CONTRACT NO. C29401). Rec: By Minute Motion: 1) Approve the subject contract, a one-year extension, with Family YMCA of the Desert for Management and Operations Services at the Palm Desert Aquatic Center; 2) authorize the Mayor to execute the First Amendment funds are available in Fund 242 Accounts and have been included in the proposed FY 2012-2013 operating budget. 7
G. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 1 TO TRUGREEN LANDCARE FOR A TWO-YEAR CONTRACT IN THE AMOUNT OF $153,576 PLUS AN AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C31520, PROJECT NO. 901-12). Rec: By Minute Motion: 1) Award subject contract for Landscape Maintenance Area No. 1 to TruGreen LandCare, Riverside, California, for a two-year term in the amount of $153,576; 2) include extra repair work and services in an amount not to exceed 20% of contract amount, or $30,715.20; 3) authorize the Mayor to execute the contract funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians and Assessment District Account No. 276-4374-433-3320 - Haystack Drainage Channel. H. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 9 TO MARIPOSA LANDSCAPES, INC., FOR A TWO-YEAR CONTRACT IN THE AMOUNT OF $238,896 PLUS AN AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C31540, PROJECT NO. 909-12). Rec: By Minute Motion: 1) Award subject contract for Landscape Maintenance Area No. 9 to Mariposa Landscapes, Inc., Irwindale, California, for a two-year term in the amount of $238,896; 2) include extra repair work and services in an amount not to exceed 20% of the contract amount, or $47,779.20; 3) authorize the Mayor to execute the contract funds are available in General Fund Account No. 110-4614-453-3370 - Repair/Maintenance Medians. 8
I. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 16 TO TRUGREEN LANDCARE FOR A TWO-YEAR CONTRACT IN THE AMOUNT OF $194,352 PLUS AN AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C31550, PROJECT NO. 916-12). Rec: By Minute Motion: 1) Award subject contract for Landscape Maintenance Area No. 16 to TruGreen LandCare, Riverside, California, for a two-year term in the amount of $194,352; 2) include extra repair work and services in an amount not to exceed 20% of contract amount, or $38,870.40; 3) authorize the Mayor to execute the contract funds are available in General Fund Account No. 110-4611-453-3320 - R/M Landscaping Services. J. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 17 TO TRUGREEN LANDCARE FOR A TWO-YEAR CONTRACT IN THE AMOUNT OF $278,136 PLUS AN AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C31560, PROJECT NO. 917-12). Rec: By Minute Motion: 1) Award subject contract for Landscape Maintenance Area No. 17 to TruGreen LandCare, Riverside, California, for a two-year term in the amount of $278,136; 2) include extra repair work and services in an amount not to exceed 20% of contract amount, or $55,627.20; 3) authorize the Mayor to execute the contract funds are available in General Fund Account No. 110-4610-453-3320 - R/M Landscape Services, Account No. 110-4611-453-3320 - R/M Landscape Services, and Account No. 110-4611-453-3371 - Tri-Cities Sports Facility. 9
K. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 18 TO TRUGREEN LANDCARE FOR A TWO-YEAR CONTRACT IN THE AMOUNT OF $109,080 PLUS AN AMOUNT NOT TO EXCEED 20% OF CONTRACT AMOUNT FOR EXTRA REPAIR WORK AND SERVICES (CONTRACT NO. C31570, PROJECT NO. 918-12). Rec: By Minute Motion: 1) Award subject contract for Landscape Maintenance Area No. 18 to TruGreen LandCare, Riverside, California, for a two-year term in the amount of $109,080; 2) include extra repair work and services in an amount not to exceed 20% of the contract amount, or $21,816; 3) authorize the Mayor to execute the contract funds are available in General Fund Account No. 110-4611-453-3320 - R/M Landscaping Services. L. REQUEST FOR AWARD OF CONTRACT TO SETO CONSTRUCTION, INC., IN AN AMOUNT NOT TO EXCEED $82,046 FOR WILLOWS ROOM - CONFERENCE ROOM LIGHTING/CEILING REMODEL AT DESERT WILLOW GOLF RESORT (CONTRACT NO. C31460). Rec: By Minute Motion: 1) Authorize award of the subject contract for Willows Room - Conference Room Lighting/Ceiling Remodel at Desert Willow Golf Resort in the amount of $82,046 to Seto Construction, Inc., Bermuda Dunes, California; 2) authorize the Director of Finance to set aside the amount of $8,204 as 10% contingency for the project (use of contingency requires additional action); 3) declare remaining six (6) chandeliers removed during the Kitchen/Building Expansion as surplus and authorize staff to dispose of them; 4) appropriate $63,490 for the design, bidding, and construction of the Willows Room - Conference Room Ceiling Remodel at Desert Willow Project from Account No. 441-4195-495-8092. 10
M. REQUEST FOR AWARD OF CONTRACT TO QUALITY MECHANICAL PROFESSIONALS, INC., IN AN AMOUNT NOT TO EXCEED $37,900 FOR THE REPLACEMENT AND MODIFICATION OF KITCHEN AIR CONDITIONING AT DESERT WILLOW GOLF RESORT (CONTRACT NO. C31720). Rec: By Minute Motion: 1) Authorize award of the subject contract for Replacement and Modification of Kitchen Air Conditioning at Desert Willow Golf Resort to Quality Mechanical Professionals, Inc., El Cajon, California, in the amount of $37,900; 2) authorize the Director of Finance to set aside the amount of $3,790 as 10% contingency for the project (use of contingency requires additional action); 3) declare the existing HVAC rooftop unit as surplus and authorize staff to dispose of it; 4) appropriate $45,302 for the design, bidding, and construction of the Kitchen Air Conditioning Modifications at Desert Willow from Account No. 441-4195-495-8092. N. REQUEST FOR APPROVAL OF THE USE OF SPECIFIC AUTOMOTIVE FACILITIES FOR SUPPLEMENTAL GENERAL FLEET REPAIRS FROM L & L AUTOMOTIVE, INC., AND OZZIE S AUTOMOTIVE, INC., FOR FISCAL YEAR 2012-2013 IN AN AMOUNT NOT TO EXCEED $100,000. Rec: By Minute Motion, approve the use of specific automotive facilities for supplemental general fleet repairs from L & L Automotive, Inc., Palm Desert, California, and Ozzie s Automotive, Inc., Palm Desert, California, for FY 2012-2013 in an amount not to exceed $100,000 funds are available in General Fund Account No. 110-4331-413-3340 - R/M Fleet. 11
O. REQUEST FOR APPROVAL OF THE PURCHASE OF GAS AND DIESEL FUEL FOR THE CITY S FLEET AND EQUIPMENT, AND FOR DESERT WILLOW S MAINTENANCE VEHICLES AND EQUIPMENT FROM KENNY STRICKLAND, THE SOCO GROUP, INC., AND LEE ESCHER OIL CO., INC., FOR FISCAL YEAR 2012-2013 IN AN AMOUNT NOT TO EXCEED $245,000. Rec: By Minute Motion, approve the purchase of gas and diesel fuel from Kenny Strickland, Coachella, California, The SoCo Group, Inc., Carlsbad, California, and Lee Escher Oil Co., Inc., Coachella, California, for FY 2012-2013 for: 1) City s fleet and equipment in an amount not to exceed $145,000; 2) Desert Willow Maintenance Facility in an amount not to exceed $100,000 funds are available in General Fund Account No. 110-4331-413-2170 - Auto Fleet-Supply Automotive Gas and Account No. 520-4195-495-8031 - Desert Willow Maintenance Facility. P. REQUEST FOR APPROPRIATION OF $55,000 FROM THE LAND ACQUISITION FUND RESERVE IN FUND 400 FOR COSTS RELATED TO THE PURCHASE OF AN UNDEVELOPED PARCEL IN THE CAHUILLA HILLS (APN 628-120-011) AND RATIFY THE CITY MANAGER S EXECUTION OF VACANT LAND PURCHASE SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS FOR SAME (CONTRACT NO. C31870). Rec: By Minute Motion: 1) Appropriate $55,000 from the Land Acquisition Reserve (Account No. 400-4950-419-4010) for costs related to the purchase of an undeveloped parcel in the Cahuilla Hills (APN 628-120-011); 2) ratify the City Manager s execution of Vacant Land Purchase Agreement and Joint Escrow Instructions for this purpose. XV. CONTINUED BUSINESS None 12
XVI. OLD BUSINESS A. CONSIDERATION OF FACADE ENHANCEMENT PROGRAM FUNDING TO WESSMAN HOLDINGS, LLC, FOR THE REAR BUILDING ELEVATION LOCATED AT 73-520 EL PASEO (Wessman Holdings, LLC, Applicant). Rec: By Minute Motion, consider Facade Enhancement Program funding to Wessman Holdings, LLC, for the rear building elevation located at 73-520 El Paseo. XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF CHANGE OF ZONE FROM PLANNED RESIDENTIAL - FIVE DWELLING UNITS PER ACRE (PR 5) TO PLANNED RESIDENTIAL - 20 DWELLING UNITS PER ACRE (PR 20) IN COMPLIANCE WITH STATE LAW AND THE APPROVED HOUSING ELEMENT (APNs 694-300-001, 694-300-005, AND 694-310-005), Case No. C/Z 12-76 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1240 to second reading, approving Change of Zone 12-76 as described in its Exhibit A attached thereto. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of May 2-15, 2012. Rec: Receive and file. B. CITY ATTORNEY 13
C. CITY CLERK 1. Request for Designation of Voting Delegates and Alternate(s) for the 2012 League of California Cities Annual Conference, September 5-7, San Diego. Rec: By Minute Motion, designate Mayor Robert A. Spiegel as the City s Voting Delegate and an Alternate, if desired, for the 2012 League of California Cities Annual Conference, September 5-7, in San Diego. 2. Consideration of 2012 City Council Summer Meeting Schedule. Rec: Discuss observing the traditional schedule of holding the first regular meeting in July and the second regular meeting in August, or setting an alternative schedule for the Summer of 2012. D. PUBLIC SAFETY 1. Fire Department 2. Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for 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 14
FUTURE MEETINGS: May 29, 2012 10:00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room June 4, 2012 1:30 p.m. Oversight Board of the SA-PDRDA Administrative Conference Room 6:00 p.m. Youth Committee Administrative Conference Room June 5, 2012 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber June 12, 2012 12:00 p.m. Architectural Review Commission Community Services Conference Room June 13, 2012 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room June 14, 2012 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 not less than 72 hours prior to the meeting. Dated this 18th day of May, 2012. Rachelle D. Klassen, City Clerk 15