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Home My WebLink About2017-10-012 AGENDASPOSTED AGENDA Regular Meetings of The Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Palm Desert Housing Authority for Thursday, October 12, 2017 Civic Center Council Chamber 73510 Fred Waring Drive, Palm Desert, CA 92260 wr Please set your electronic devices to silence mode. so 3:00 P.M. — Closed Session 4:00 P.M. — Regular Session and Public Hearings Tips to Help You "Save Our Water": Around the House - Fill the bathtub halfway or less. Saves 12 gallons per bath. Assistive Listening Devices available upon request. Please contact the City Clerk's Office, 73510 Fred Waring Drive, Palm Desert, CA 92260, (760)346-0611, for assistance with access to any of the Agenda, materials, or participation at the Meeting. Mission Statement The City of Palm Desert provides exemplary and sustainable services, amenities and programs for the benefit of the community. Palm Desert City Council Jan C. Harnik, Mayor Sabby Jonathan, Mayor Pro-Tempore Kathleen Kelly, Councilmember Gina Nestande, Councilmember Susan Marie Weber, Councilmember Staff Lauri Aylaian, City Manager Robert W. Hargreaves, City Attorney Rachelle D. Klassen, City Clerk Lori Carney, Director of Administrative Services Russell Grance, Director of Building & Safety Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Finance/City Treasurer Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Grace L. Rocha, Deputy City Clerk Stephen Y. Aryan, Risk Manager POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 12, 2017 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 1. CALL TO ORDER - 3:00 P.M. 11. ROLL CALL III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) Any person wishing to discuss any item not appearing on the agenda that is within the subject matter jurisdiction of the City Council, Successor Agency to the Palm Desert Redevelopment Agency, or Palm Desert Housing Authority may address them at this point by stepping to the lectern and aivina his/her name and address for the record. Remarks shall be limited to a maximum of three (3) minutes unless additional time is authorized by the City Council, Successor Agency, or Housing Authority. Because the Brown Act does not allow the City Council, Successor Agency, or Housing Authority 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 Reauest for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Henderson Community Building, 72559 Highway 111, Palm Desert Negotiating Parties: Agency: Lauri Aylaian/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Laurie Baldwin/ Palm Desert Area Chamber of Commerce Under Negotiation: x Price x Terms of Payment POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2017 2) Property: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Palm Desert Negotiating Parties: Agency: Lauri AylaianlJanet M. Property Owner: City of Palm Under Negotiation: x Price Moore/City of Palm Desert Desert x Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) Timothy Lewis Whiting v. City of Palm Desert, et al., U. S. District Court, Central District of California, Civil Action No. 5:17-cv-01395-J G B- KK 2) Kenneth Doran v. City of Palm Desert, Riverside County Superior Court, Case No. PSC 1705265 C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 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 - Mayor Pro Tern Sabby Jonathan VII. INVOCATION - Mayor Jan C. Harnik Reports and documents relating to each of the following items listed on the agenda, including those received following pasting/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. VIII. AWARDS AND PRESENTATIONS A. PRESENTATION TO RECOGNIZE JIM BUTZBACH FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS PUBLIC SAFETY COMMISSION, 2001 - 2017. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2017 B. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 8 - 14, 2017, AS "FIRE PREVENTION WEEK" IN THE CITY OF PALM DESERT. Action: IX. ORAL COMMUNICATIONS - B Any person wishing to discuss any item not appearing on the agenda that is within the subject matter jurisdiction of the City Council, Successor Agency to the Palm Desert Redevelopment Agency, or Palm Desert Housing Authority may address them at this point by stepping to the lectern and aivina his/her name and address for the record. Remarks shall be limited to a maximum of three (3) minutes unless additional time is authorized by the City Council, Successor Agency, or Housing Authority. Because the Brown Act does not allow the City Council, Successor Agency, or Housing Authority 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. X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY A. Mavor Pro Tern Sabbv Jonathan Committee Reports and General Comments. Action: B. Councilmember Kathleen Kelly, Committee Reports and General Comments. Action: C. Councilmember Gina Nestande Committee Reports and General Comments. Action: D. Councilmember Susan Marie Weber Meeting Summaries Report for the Period of September 18-30, 2017. Rec: Receive and file. Action: E. Mavor Jan C. Harnik Committee Reports and General Comments. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2017 F. City Council Reauests for Action. Action: G. City Council Consideration of Travel Reauests/Reports. Action: XI. STAFF REPORTS AND REMARKS A. City Manager 1. City Manaaer's Meetina Summaries Report for the Period of September 18-29, 2017. Rec: Receive and file. Action: 2. Update on the SpringHill Suites by Marriott Property on Highway 111 by Director of Building & Safety Russell Grance. Rec: Oral report to be provided at the meeting. Action: B. City Attorney C. City Clerk D. Public Safety 1. Fire Department 2. Police Department 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2017 XII. 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 XIII. CONSENT ITEMS HELD OVER. OF THE AGENDA. A. MINUTES of the Regular City Council Meeting of September 28, 2017. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 8/31/2017, 9/22/2017, 9/22/2017-9/30/2017, and 9/29/2017. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrant Dated 9/15/2017 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of June, July, and August 2017 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Amanda's Shabby Chic Tea Room and Boutique, LLC, 73625 Highway 111, Suites B & C, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE. by Wildest Greens, 72990 El Paseo, #3, Palm Desert. Rec: Receive and file. G. AUDIT. INVESTMENT & FINANCE COMMITTEE, Minutes for the Meeting of June 27, 2017. Rec: Receive and file. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2017 H. LETTER OF RESIGNATION from James Butzbach - Public Safety Commission. Rec: Receive with very sincere regret. I. LETTER OF RESIGNATION from Mahasti Islami - Marketing Committee. Rec: Receive with very sincere regret. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C36330 — Desert Willow Clubhouse Carpet Replacement (Project No. 856-18) (Temalpakh, Inc., dlbla The Works Floor & Wall, Palm Springs, CA). Rec: By Minute Motion, accept the work as complete and authorize City Clerk to file a Notice of Completion for the subject project. K. REQUEST FOR APPROVAL, of an Exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property for the Sale and Consumption of Alcohol by The Joslyn Center, 73750 Catalina Way. Rec: By Minute Motion: 1) Approve an exception to Palm Desert Municipal Code Section 9.58.010 - Consumption of Alcoholic Beverages on Public Property - at The Joslyn Center, 73750 Catalina Way, for an event on November 16, 2017; 2) authorize City Manager to sign the Daily License Application from the California Department of Alcoholic Beverage Control for this event. Action: XIII. CONSENT ITEMS HELD OVER XIV. RESOLUTIONS None 0 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2017 XV. ORDINANCES A. For Introduction: None B. For Adoption: IR 1:1 XVI. NEW BUSINESS A. REQUEST FORAPPROVALOF FISCAL YEAR 2016-2017 FINAL BUDGET ADJUSTMENTS TO REVENUE AND EXPENDITURES, AND AUTHORIZE CERTAIN RELATED EXPENDITURES FOR FISCAL YEAR 2017-2018. Rec: 1) Waive further reading and adopt Resolution No. 2017 - 71, authorizing the Fiscal Year 2016-2017 final year-end budget adjustments to revenue and expenditures. 2) By Minute Motion, authorize and appropriate an additional payment to CaIPERS in an amount up to $1,700,000 for Fiscal Year 2017-2018 to reduce the City's unfunded liability. Action: B. REQUEST FOR APPROVAL OF A VEHICLE LEASING AND REPLACEMENT PROGRAM WITH ENTERPRISE FLEET MANAGEMENT, AND RELATED ACTIONS FOR MANAGEMENT OF THE CITY'S FLEET. Rec: By Minute Motion, approve/authorize: 1) Vehicle Leasing and Replacement Program with Enterprise Fleet Management for City vehicles; 2) City Manager to declare various City -owned vehicles as surplus and sell vehicles at such times as disposal is deemed appropriate; 3) proceeds from sale of surplused vehicles to be applied toward cost of the annual leasing program; 4) City Manager to take any actions necessary to facilitate new vehicle leasing process during the three-year replacement program; 5) City Manager to execute a Master Equity Lease Agreement and a Maintenance Management and Fleet Rental Agreement (Contract Nos. C36460A-B) — Capital Project Reserve Funds for leasing of the vehicles are available in Account No. 5304310-4403000 - Equipment Replacement, and funds for the maintenance portion are available in General Fund Account No. 1104331-4334000 - RIM Fleet. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2017 C. REQUEST FOR AUTHORIZATION OF CITY OF PALM DESERT'S PARTICIPATION IN THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS' (CVAG) HOUSING FIRST HOMELESSNESS PROGRAM IN THE AMOUNT OF $103,000. Rec: 1) Waive further reading and adopt Resolution No. 2017 - 72, approving participation in the CVAG Housing First Homelessness Program. 2) By Minute Motion, authorize expenditure of $103,000 for the CVAG Housing First Homelessness Program — funds are available in Dues, Account No. 1104159-4363000 - this is a one-time commitment. Action: D. REQUEST FOR APPROVAL OF $5,000 DONATION TO ONE AMERICA APPEAL TO ASSIST VICTIMS OF THE RECENT HURRICANES HARVEY, IRMA, AND MARIA. Rec: By Minute Motion: 1) Authorize the one-time contribution of $5,000 to One America Appeal to assist victims of the recent Hurricanes Harvey, Irma, and Maria; 2) appropriate $5,000 from the Unobligated General Fund to Account No. 1104800-4388000. Action: XVII. CONTINUED BUSINESS A. ORDINANCE NO. 1329 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION 25.34.120, CHAPTERS 25.16 AND 25.18, TO ALLOW COMMERCIAL CANNABIS OPERATIONS IN THE CITY, SUBJECT TO A CONDITIONAL USE PERMIT; AND ESTABLISHING CHAPTER 5.101 - COMMERCIAL CANNABIS REGULATORY PERMITS AND CHAPTER 8.38 - PERSONAL USE OF CANNABIS, Case No. ZOA 17--027 (City of Palm Desert, Applicant) (Continued from the meeting of September 28, 2017). Rec: Waive further reading and pass to second reading. Action: 0 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2017 XVIII. OLD BUSINESS A. REQUEST FOR DIRECTION REGARDING THE ALESSANDRO WEST CORRIDOR IMPROVEMENT PROJECT WITHOUT UNDERGROUNDING OF THE OVERHEAD UTILITIES. Rec: By Minute Motion, direct staff to proceed with the Alessandro West Corridor Improvement Project (Alessandro West) without the undergrounding of overhead utilities — project is included in FY 2017-2018 Capital Improvement Project Budget and will be reimbursed by restricted funds set aside for this purpose. Action: XIX. PUBLIC HEARINGS None XX. ADJOURNMENT FUTURE MEETINGS: October 17, 2017 6:00 p.m. October 18, 2017 3:00 p.m. October 24, 2017 12:00 p.m. October26, 2017 3:00 p.m Planning Commission Civic Center Council Chamber Library Promotion Committee Administrative Conference Room Architectural Review Commission Development Services Conference Rm. Reg. City Council/Successor-RDA Mtgs. Civic Center Council Chamber I hereby certify, under penalty of perjury underthe 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 5th day of October, 2017. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. Oe� Rahelle-D. Klassen, Clt�/Clerk 9 POSTED AGENDA REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY THURSDAY, OCTOBER 12, 2017 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. il. ROLL CALL III. ADJOURN TO CLOSED SESSION Request for Closed Session: None IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: 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. V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None POSTED AGENDA SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 12, 2017 VI. 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 SUCCESSOR AGENCY BOARD OF DIRECTORS OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII. CONSENT ITEMS HELD OVER. OF THE AGENDA. A. MINUTES of the September 28, 2017, Regular Meeting of the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY - Warrant Dated 9/22/2017 - 9/30/2017. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS,forthe Months of June, July, and August 2017 (Joint Consideration with the Palm Desert City Council). Rec: Receive and file. Action: VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS None IX. NEW BUSINESS None X. CONTINUED BUSINESS None 2 POSTED AGENDA SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 12, 2017 XI. OLD BUSINESS None XII. PUBLIC HEARINGS None XIII. REPORTS, REMARKS, SUCCESSOR AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR B. SUCCESSOR AGENCY COUNSEL C. CHAIR AND MEMBERS OF THE SUCCESSOR AGENCY XIV. ADJOURNMENT I hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 5th day of October, 2017. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. Rathelle D. Klassen, Si*etary 3 POSTED AGENDA PALM DESERT HOUSING AUTHORITY MEETING THURSDAY, OCTOBER 12, 2017 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ADJOURN TO CLOSED SESSION Reauest for Closed Session: A. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) Timothy Lewis Whiting v. City of Palm Desert, et al., U. S. District Court, Central District of California, Civil Action No. 5 :17-cv-013 9 5-J G B- K K IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on rile 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. V. 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 HOUSING AUTHORITY OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VI. CONSENT ITEMS HELD OVER. OF THE AGENDA. A. MINUTES of the Housing Authority Meeting of September 28, 2017. Rec: Approve as presented. POSTED AGENDA PALM DESERT HOUSING AUTHORITY MEETING OCTOBER 12, 2017 B. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrant Dated 9/15/2017 (Joint Consideration with the Palm Desert City Council). Rec: Approve as presented. C. REQUEST FOR AUTHORIZATION for Staff to Negotiate Contract in a Total Amount Not to Exceed $36,000 with Gardner Outdoor and Pool Remodeling for the Resurfacing of an Existing Pool and Deck at Housing Authority Property Known as Catalina Gardens Apartments (Contract No. HA35960). Rec: By Minute Motion, authorize:1) Staff to negotiate subject contract with Gardner Outdoor and Pool Remodeling, Indio, California, for resurfacing of an existing pool and deck at the Authority property known as Catalina Gardens Apartments located at 73600 Catalina Way, Palm Desert — contract will be in a total amount not to exceed $30,000 plus 20% contingency for unforeseen conditions not to exceed $6,000, pursuant to Section 3.30.060 of the Palm Desert Municipal Code; 2) Executive Director, or designee, to review and approve written requests for use of the contingency amount of $6,000 for unforeseen conditions; 3) Authority's legal counsel to finalize a contract with Gardner; 4) Executive Director and/or the Chairman to execute the negotiated contract and any documents necessary to facilitate the contract award and project — monies are available in the FY 2017-2018 Authority Budget, in the appropriate Authority Accounts. Action: Vl. CONSENT ITEMS HELD OVER VII. RESOLUTIONS None Vlll. NEW BUSINESS None IX. CONTINUED BUSINESS None 2 POSTED AGENDA PALM DESERT HOUSING AUTHORITY MEETING OCTOBER 12, 2017 X. OLD BUSINESS None XI. PUBLIC HEARINGS None X111. REPORTS, REMARKS, AND AUTHORITY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR B. AUTHORITY COUNSEL C. CHAIRMAN AND MEMBERS OF THE AUTHORITY XIII. ORAL COMMUNICATIONS - C Any person wishing to discuss any item not appearing on the agenda that is within the subject matter jurisdiction of the City Council, Successor Agency to the Palm Desert Redevelopment Agency, or Palm Desert Housing Authority may address them at this point by stepping to the lectern and aivina his/her name and address for the record. Remarks shall be limited to a maximum of three (3) minutes unless additional time is authorized by the City Council, Successor Agency, or Housing Authority. Because the Brown Act does not allow the City Council, Successor Agency, or Housing Authority 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. XIV. ADJOURNMENT i hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert Housing Authority was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 5th day of October, 2017. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. elre-D. Klassen, SecMary 3