REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 8, 2011 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 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 Redevelopment Agency Board. Because the Brown Act does not allow the City Council or 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 Redevelopment 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: 43-705 Kelsey Court (APN 634-241-037), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Terri L. McIntyre Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 1) California Redevelopment Association, et al., v. Ana Matosantos, et al., Supreme Court of the State of California, Case No. S194861
C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. VI. VII. VIII. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Jan C. Harnik INVOCATION - Mayor Pro Tem Robert A. Spiegel ORAL COMMUNICATIONS - B Any person wishing to discuss any item not scheduled for public hearing may address the City Council or 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 Redevelopment Agency Board. Because the Brown Act does not allow the City Council or 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 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. REORGANIZATION OF THE CITY COUNCIL 1) SELECTION OF MAYOR AND MAYOR PRO-TEMPORE a) Comments by Outgoing Mayor and Mayor Pro-Tempore. b) Comments by Newly Selected Mayor and Mayor Pro-Tempore. 2
B. PRESENTATION TO FORMALLY RECOGNIZE DEPUTY CHIEF IGNACIO OTERO S CONTRIBUTIONS TO THE CITY OF PALM DESERT AND PALM DESERT SISTER CITIES PROGRAM. C. PRESENTATION OF PROCLAMATION DECLARING DECEMBER 21, 2011, AS NATIONAL HOMELESS PERSONS MEMORIAL DAY IN THE CITY OF PALM DESERT. D. INTRODUCTION OF THE NEW CHIEF OF POLICE OF THE PALM DESERT POLICE DEPARTMENT, CAPTAIN KEVIN VEST. 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 November 10 and November 24, 2011. Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 113, 114, 117, 118, 122, and 123. Approve as presented. C. CLAIM AGAINST THE CITY (#688) by Civic Center Barrio Housing Corp. In an Unspecified Total Amount. By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. 3
D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Public Safety Commission Meeting of October 12, 2011 2. Marketing Committee Meeting of October 18, 2011. Receive and file. E. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C30300 - Fire Stations Renovation Project (Project Nos. 613-09 and 871-09) (The Penta Building Group, Palm Desert, CA) (Joint Consideration with the Palm Desert Redevelopment Agency). By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. F. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C30950 - Monterey Avenue Cold In-Place Recycling Project (Project No. 752-12A) (Cooley Construction, Inc., Hesperia, CA). By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. G. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R28830 - Construction of Berger Circle and Berger Drive South (Project No. 814-09) (Cooley Construction, Inc., Hesperia, CA). By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. H. REQUEST FOR ACCEPTANCE OF ARTWORK R. Hero by Karen and Tony Barone as a Donation to the City of Palm Desert for Placement on the El Paseo Median in Front of the Historical Society of Palm Desert. By Minute Motion, accept R. Hero by Karen and Tony Barone as a donation to the City of Palm Desert for placement on the El Paseo median in front of the Historical Society of Palm Desert located at 72-861 El Paseo, Palm Desert. 4
I. REQUEST FOR APPROVAL of Special Events Application/Agreement for the Palm Desert Youth Sports Association Opening and Closing Day Ceremonies (March 10 and June 2, 2012). By Minute Motion: 1) Approve the Special Events Application/ Agreement for the Palm Desert Youth Sports Association (PDYSA) Opening and Closing Day Ceremonies subject to attached conditions; 2) approve a temporary waiver of Palm Desert Municipal Zone Sections 11.01.140 (Amplified Sound) and 11.01.180 (Vendor Sales) for the duration of the events. J. REQUEST FOR RATIFICATION of Additional Engineering Services Related to Section 29 Retention Basin Repair Project and Approval of Change Order No. 1 to Contract No. C31040 in the amount of $13,170 (Project No. 627-11). By Minute Motion: 1) Ratify the City Manager s authorization for additional engineering services; 2) approve Change Order No. 1 to Contract No. C31040, Engineering Resources of Southern California, Inc., Hemet, California, in the amount of $13,170; 3) move $4,910 from contingency to base, and appropriate $8,260 from Fund 289 (Section 29 Fund) to the Project Account. Funds are available in Account No. 289-4374-433-3320, Section 29 Repair and Maintenance Account. No General Funds will be spent on this project. K. REQUEST FOR APPROVAL to Amend Contract No. C31100 with Wurms Janitorial Services, Inc., to Increase Janitorial Services From Three to Five Days Per Week at the Palm Desert Sheriff s Substation, 73-520 Fred Waring Drive, for the Period of September 1, 2011, through August 30, 2012. By Minute Motion, authorize approval of an amendment to subject contract with Wurms Janitorial Services, Inc., Corona, California, to increase janitorial services from three to five days per week at the Palm Desert Sheriff s Substation, 73-520 Fred Waring Drive, for the period of September 1, 2011, through August 30, 2012. Funds are budgeted in Account No. 510-4195-495-3310. L. REQUEST FOR APPROVAL of Service Agreement with Colt Security for Night Time Security Services at the Palm Desert Aquatic Center for the Remainder of Fiscal Year 2011-2012. (Contract No. C31370). By Minute Motion, authorize the City Manager to enter into a service agreement with Colt Security, Inc., Palm Desert, California, for the remainder of Fiscal Year 2011-2012 - funds are available in Account No. 242-4549-454-3090, Aquatic Center Professional Services. 5
M. REQUEST FOR RATIFICATION of City Manager s Approval to Implement and Partially Fund the 2011 Shop With A Cop Program that is Occurring on Saturday, December 10, 2011, in the amount of $1,750. By Minute Motion, ratify the City Manager s approval to implement and partially fund the 2011 Shop With A Cop Program that is occurring on Saturday, December 10, 2011, in the amount of $1,750. Funds are available under the Police Department Contingency Account (No. 110-4210-422-3042). N. REQUEST FOR APPROVAL to Implement a Biennial Sponsorship for the Palm Desert Explorer Program in the amount of $10,000. By Minute Motion, approve implementation and funding in the amount of $10,000 for the Palm Desert Explorer Program. Funds are available under the Police Department Contingency Account (No. 110-4210-422-3042). O. INFORMATIONAL UPDATE on the City of Palm Desert s Local Hazard Mitigation Plan Revision. Receive and file. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2011-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC HEARING TO CONSIDER VACATING DAISY LANE RIGHTS-OF-WAY AND EXCESS SIDEWALK AND LANDSCAPE EASEMENTS ALONG SHEPHERD LANE IN TRACT NO. 29469 (Kristi Hanson Architects, Inc., Applicant). Waive further reading and adopt. 6
XIII. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 1230 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 11.01.120 (PARKS, DUTY TO CARE FOR ANIMALS) OF THE PALM DESERT MUNICIPAL CODE RELATING TO DOG PARKS. Waive further reading and pass to second reading. B. For Adoption: 1. ORDINANCE NO. 1229 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 3.32.125 (LOCAL BUSINESS PREFERENCE PROGRAM) TO CHAPTER 3.32 (PURCHASING POLICIES AND PROCEDURES) OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA. Waive further reading and adopt. XIV. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTION OF THE CITY OF PALM DESERT, AUTHORIZING THE PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM. 1) Waive further reading and adopt Resolution No. 2011-88, authorizing the participation in the Riverside County Mortgage Credit Certificate (MCC) Program. 2) By Minute Motion, authorize the City Manager to execute all documents that may be necessary to facilitate the participation. 7
B. REQUEST FOR AWARD OF CONTRACT FOR THE TRAFFIC SIGNAL INTERCONNECT TO THE LOWEST RESPONSIBLE BIDDER (PROJECT NO. 553-99) (CONTRACT NO. C29760). By Minute Motion: 1) Award subject contract for the Traffic Signal System Interconnect to the lowest responsible bidder (Memorandum recommendation and bidding recap to be provided at the City Council meeting); 2) authorize the Finance Director to set aside a 10% contingency (Memorandum recommendation to be provided at City Council meeting); 3) authorize the Mayor to execute same - funds are available in Account Nos. 440-4594-422-4001 (Capital Project Signalization) and 234-4594-422-4001 (Traffic Signalization) for this project expenditure. C. REQUEST FOR AWARD OF CONTRACT TO B & T WORKS, INC. FOR CONSTRUCTION OF THE HIGHWAY 111 SIDEWALK IMPROVEMENTS IN THE AMOUNT OF $526,805 (PROJECT NO. 697-05) (CONTRACT NO. C23110A). By Minute Motion: 1) Award the subject contract to B & T Works, Inc., Wildomar, California, for construction of the Highway 111 Sidewalk Improvements in the amount of $526,805 (Project No. 697-05); 2) authorize the Director of Finance to set aside a 10 percent contingency in the amount of $52,680.50; 3) authorize the Mayor to execute the subject agreement - funding is available in the Measure A Fund Project Account No. 213-4362- 433-4001. D. REQUEST FOR AWARD OF CONTRACT TO SOUTH WEST PUMP & DRILLING, INC. FOR THE REFURBISHMENT OF WELL NO. 2 AT THE DESERT WILLOW GOLF RESORT IN THE AMOUNT NOT TO EXCEED $61,491.90 (CONTRACT NO. C31320). By Minute Motion: 1)Authorize the award of the subject contract to South West Pump & Drilling, Inc., Coachella, CA, in the amount of $61,491.90 for the Desert Willow Well No. 2 Refurbishment project; 2) authorize the Finance Director to set aside the amount of $6,149.19 as 10 percent contingency; 3) authorize the City Manager to approve up to $6,149.10 for unforeseen conditions subject to City Council ratification. The budget for this project was approved as part of the fiscal year ending 2012 Desert Willow Budget - funds are available in Account No. 441-4195- 495-8092. 8
E. REQUEST FOR APPROVAL OF THE LEASE AGREEMENT BETWEEN THE DESERT WILLOW GOLF RESORT AND TURF STAR IN THE AMOUNT OF $329,867.52 ANNUALLY FOR A TERM OF 60 MONTHS ($1,649,337.60 CUMULATIVE) FOR THE PURPOSE OF PROCURING GOLF COURSE MAINTENANCE EQUIPMENT (CONTRACT NO. C31380). By Minute Motion: 1) Approve the subject Lease Agreement for golf course maintenance equipment for the Desert Willow Golf Resort with Turf Star, Bermuda Dunes, California, in the amount of $329,867.52 annually for a term of 60 months ($1,649,337.60 cumulative) (includes tax and interest); 2) declare list of Trade-In Equipment as surplus; 3) declare three Lely Spreaders as surplus; 4) authorize the City Manager to approve and execute contracts for additional golf course maintenance equipment (Lely Spreaders, JCB Bucket, and Rollers) in an amount not to exceed $100,000.00 (includes tax and interest) under same Lease Agreement - funds are available in Golf Course Expenses, Account No. 520-4195-495-8091. F. REQUEST FOR APPROVAL OF THE FINAL ONE-YEAR OPTION TO EXTEND THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT, KEMPER SPORTS MANAGEMENT, INC., AND THE PALM DESERT RECREATIONAL FACILITIES CORPORATION TO OPERATE AND MANAGE THE DESERT WILLOW GOLF RESORT PER SECTION 2.1(B) OF THE MANAGEMENT AGREEMENT (CONTRACT NO. C27682), AND DIRECT STAFF TO COMMENCE NEGOTIATIONS WITH KEMPER SPORTS MANAGEMENT, INC., TO MANAGE THE DESERT WILLOW GOLF RESORT AND ENTER INTO A NEW CONTRACT TO BEGIN YEAR 2013-2014. By Minute Motion: 1) Approve the final one-year option to extend the management agreement between the City of Palm Desert, Kemper Sports Management, Inc., and the Palm Desert Recreational Facilities Corporation to operate and manage the Desert Willow Golf Resort per section 2.1(B) of the Management Agreement (C27682). 2) Allow staff to commence negotiations with Kemper Sports Management, Inc., to manage the Desert Willow Golf Resort and enter into a new management contract to begin fiscal year 2013-2014. 9
G. REQUEST FOR APPROVAL OF CONTRACT NO. C31390 WITH BLUE MOON ADVERTISING IN AN AMOUNT NOT TO EXCEED $85,000 FOR MARKETING AND DESIGN SERVICES AT DESERT WILLOW GOLF RESORT FOR AN 18-MONTH PERIOD. By Minute Motion: 1) Approve an 18-month contract with Blue Moon Advertising in an amount not to exceed $85,000 for marketing and design services for Desert Willow Golf Resort. 2) Authorize the City Manager to execute said Agreement. Funds have been allocated in the Desert Willow Fiscal Year 2011/2012 Operating Budget, Fund 520, for the first six (6) months of the contract. 3) Approve subsequent twelve months (12) funding subject to Fiscal Year 2012/13 budget approval. H. REQUEST FOR AUTHORIZATION FOR THE DIRECTOR OF PUBLIC WORKS TO SUBMIT AN APPLICATION FOR PROPOSITION 1B FUNDS FOR A HIGHWAY 111 PAVEMENT REHABILITATION PROJECT. By Minute Motion, authorize the Director of Public Works to submit an application for Proposition 1B Funds in the amount of $739,630.24 for a Pavement Rehabilitation Project on Highway 111 in response to a call for projects by the State Department of Finance. I. REQUEST FOR APPROVAL TO ACCEPT THE OFFICE OF TRAFFIC SAFETY (OTS) SOBRIETY CHECKPOINT MINI-GRANT PROGRAM FOR 2011-2012 (GRANT NO. SC12302) IN THE AMOUNT OF $68,800. By Minute Motion: 1) Accept the Office of Traffic Safety (OTS) Sobriety Checkpoint Mini-Grant Program for 2011-2012 (Grant No. SC12302) in the amount of $68,800. Account No. 229-4210-422-3919 has been designated by the Finance Department for this purpose; 2) authorize the City Manager to execute all necessary OTS Sobriety Checkpoint Mini-Grant Documents. 10
J. REQUEST FOR CITY COUNCIL DIRECTION REGARDING A SINGLE-USE PLASTIC BAG ORDINANCE. The City Council provide direction to staff regarding an ordinance regulating single-use plastic bags. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. CONSIDERATION OF REQUEST TO DIRECT STAFF TO PREPARE AND BRING FORWARD FOR CONSIDERATION A SHORT-TERM RENTAL ORDINANCE AND A PROFESSIONAL SERVICES CONTRACT WITH AN INDEPENDENT CONTRACTOR TO PROVIDE SERVICES TO IDENTIFY AND BRING INTO COMPLIANCE NON-LICENSED SHORT-TERM RENTALS. By Minute Motion, direct staff to prepare and bring forward for consideration: 1) A Short-Term Rental Ordinance; 2) a professional services contract with an independent contractor to provide services to identify and bring into compliance non-licensed short-term rentals. XVII. PUBLIC HEARINGS A. REQUEST TO COMMENCE WITH THE FISCAL YEAR 2012/2013 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE-YEAR ACTION PLAN DEVELOPMENT AND GRANT APPLICATION PROCESS. Staff requests that City Council take the following actions: 1) Open the Public Hearing and receive public comment relative to FY 2012/2013 Community Development Block Grant (CDBG) Cycle Process and development of the One-Year Action Plan. 2) Open the Community Development Block Grant (CDBG) Application Process for FY 2012/2013. 11
XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of November 7 - November 29, 2011. Receive and file. B. CITY ATTORNEY C. CITY CLERK 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 12
FUTURE MEETINGS: December 13, 2011 12:00 p.m. Architectural Review Commission Community Services Conference Rm. December 14, 2011 3:30 p.m. Public Safety Commission December 19, 2011 3:00 p.m. Citizens Adv. Cmte.-Proj. Area #4 December 20, 2011 2:00 p.m. Marketing Committee 6:00 p.m. Planning Commission Civic Center Council Chamber December 21, 2011 9:00 a.m. Art In Public Places Commission Community Services Conf. Room 11:30 a.m. Landscape Beautification Cmte. 3:00 p.m. Library Promotion Committee December 22, 2011 3:00 p.m. Regular City Council/RDA Meetings -CANCELED- December 27, 2011 10:00 a.m. Audit, Investment & Finance Cmte. North Wing Conference Room 10:00 a.m. Cultural Resources Preservation Cmte. 12:00 p.m. Architectural Review Commission Community Services Conference Rm. January 3, 2012 8:30 a.m. Parks & Recreation Commission 6:00 p.m. Planning Commission Civic Center Council Chamber January 9, 2012 6:00 p.m. Youth Committee January 10, 2012 12:00 p.m. Architectural Review Commission Community Services Conference Rm. January 11, 2012 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission January 12, 2012 3:00 p.m. Regular City Council/RDA Meetings 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 is 2 nd day of December, 2011. Rachelle D. Klassen, City Clerk 13