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Home My WebLink About01-14-2016-cc-agdPOSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 14, 2016 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 (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 54956.8: 1) Property: APN 622-020-096 Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Palm Desert Housing Authority 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(d)(2): Number of potential cases: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 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. Action: VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Sabby Jonathan VII. INVOCATION - Mayor Robert A. Spiegel 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. - 5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION TO RECOGNIZE LT. WILLIAM SULLIVAN FOR HIS SERVICE TO THE CITY OF PALM DESERT AS ITS ASSISTANT CHIEF OF POLICE, 2012 - 2015. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 B. PRESENTATION TO THE CITY COUNCIL BY QUEEN SCHEHERAZADE AND HER COURT AS AMBASSADORS OF THE RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL, FEBRUARY 12 - 21, 2016. 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 Meetings of December 10 and December 24, 2015. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 12/2/2015, 12/4/2015, 12/15/2015, and 12/28/2015. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 12/4/2015, 12/11/2015, 12/18/2015, 12/28/2015, and 1/4/2016 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. CLAIM AGAINST THE CITY (#765) by Robert L. Kirton in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Blue Restaurant and Lounge, 73101 Highway 111, Suite 1, Palm Desert. Rec: Receive and file. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Master Fish, 77912 Country Club Drive, Suites 3 & 4, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Olive Garden Italian Restaurant #1313, 72225 Highway 111, Palm Desert. Rec: Receive and file. H. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of November 18, 2015. 2. Parks & Recreation Commission Meeting of November 3, 2015. 3. Youth Committee Meetings of November 2 and December 7, 2015. Rec: Receive and file. I. LETTER OF RESIGNATION - Megan Miller - Art In Public Places Commission. Rec: Receive with very sincere regret. J. LETTER OF RESIGNATION - Maureen Thompson - Art In Public Places Commission. Rec: Receive with very sincere regret. K. LETTER OF RESIGNATION - Ken Stendell - Planning Commission. Rec: Receive with very sincere regret. L. RESOLUTION NO. 2016 - 01 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Records from the Department of Public Art, as Indicated on the Records Retention Schedule (Adopted May 14, 2015) - Records From 1990 - 1994 (Exhibit “A”). Rec: Waive further reading and adopt. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 M. RESOLUTION NO. 2016 - 02 - 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 Building & Safety, as Indicated on the Records Retention Schedule (Adopted May 14, 2015) - Records From 2004 - 2012 (Exhibit “A”). Rec: Waive further reading and adopt. N. REQUEST FOR ADOPTION OF RESOLUTIONS - Setting Forth Findings and Authorizing the Destruction of Paper Records that Have Been Digitally Imaged from the Department of Building & Safety, to Rely On the Electronic Record as the Official Record - Records Dated April, May, June, and July 2015. Rec: Waive further reading and adopt Resolution Nos.: 1) 2016 - 03 - April 2015 Records; 2) 2016 - 04 - May 2015 Records; 3) 2016 - 05 - June 2015 Records; 4) 2016 - 06 - July 2015 Records. O. REQUEST FOR APPROVAL of Replacing Sculpture Joshua Tree One with Reach by Mitchell Taylor for the 2015/2016 El Paseo Exhibition (Contract No. C33510M). Rec: By Minute Motion, approve the replacement of Joshua Tree One with Reach by Mitchell Taylor for the 2015/2016 El Paseo Exhibition. P. REQUEST FOR APPROVAL of Change Order No. 1 - Contract No. C34240 – Commercial and Residential Street Sweeping Services – M & M Sweeping, Inc. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $1,408.96 to the subject contract with M & M Sweeping, Inc., Thousand Palms, California; 2) authorize the Mayor to execute Change Order No. 1 – funds are available in General Fund Account No. 1104310-4332000 - R/M Streets. Q. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C34060 – Catch Basin and Drain Cleaning Project (Project No. 501-15) (K-VAC Environmental Services, Inc., Rancho Cucamonga, 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. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 R. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C34390 – 2016 Street Resurfacing Project (Project No. 752-16) (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. S. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C34440 – Civic Center Turf Reduction Phase I Project (Project No. 963-16) (Earth Sculptures, Inc., 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. T. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C34750 – Deconstruction of Single-Family Home Located at 44900 San Clemente Circle, Palm Desert (5M Contracting, Inc., Tustin, 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. U. REQUEST FOR APPROVAL of the Temporary Use of Alcohol for the Desert Recreation District’s 16th Annual International Sports Festival (a.k.a. Senior Games) Opening Ceremony to be Held on February 19, 2016, at the Palm Desert Community Center, 43900 San Pablo Avenue. Rec: By Minute Motion, approve the temporary waiver of Palm Desert Municipal Code Section 11.01.080(W) - Possession/Consumption of Alcohol in City Parks, pursuant to Palm Desert Municipal Code Section 9.58.040. Action: XI. CONSENT ITEMS HELD OVER 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 XII. RESOLUTIONS A. RESOLUTION NO. 2016 - 07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, VACATING EXCESS PUBLIC UTILITY EASEMENT LOCATED ALONG THE COMMON LINES OF LOTS 1 AND 7, LOTS 5 AND 6, LOTS 5 AND 7, AND ALONG THE EASTERLY LINE OF LOT 7 OF BLOCK Q OF MAP OF PALM DESERT AT THE NORTHEAST CORNER OF LARKSPUR LANE AND SHADOW MOUNTAIN DRIVE UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 2016 - 08 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS LEGISLATIVE BODY OF THE CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK), AUTHORIZING THE USE OF UNSPENT PROJECT FUND MONIES TO OPTIONALLY REDEEM OUTSTANDING SPECIAL TAX BONDS OF THE COMMUNITY FACILITIES DISTRICT. Rec: Waive further reading and adopt. Action: C. RESOLUTION NO. 2016 - 09 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING AND REPLACING RESOLUTION NO. 2015-62, ADOPTING ALLOCATED CLASSIFICATIONS, AUTHORIZED POSITIONS, SALARY SCHEDULE, AND SALARY RANGES, “EXHIBIT ‘A’,” FOR THE PERIOD OF JULY 1, 2015, THROUGH JUNE 30, 2016. Rec: Waive further reading and adopt. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1301 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE SECTION 25.34.120 - PROHIBITING CANNABIS DISPENSARIES, CANNABIS MANUFACTURERS, CULTIVATION, AND DELIVERY OF CANNABIS IN THE CITY. Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF PAYMENT TO SOUTHERN CALIFORNIA GAS COMPANY IN THE AMOUNT OF $98,403.43 FOR BILLING ERRORS RELATED TO THE PALM DESERT AQUATIC CENTER. Rec: By Minute Motion: 1) Authorize payment to Southern California Gas Company (SoCal Gas) in the amount of $98,403.43 from Fiscal Year 2015-2016 Account No. 2424549-4351200; 2) appropriate $98,403.43 from Unobligated Fund 242 to FY 2015-2016 Account No. 2424549-4351200. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 B. CONSIDERATION OF A SPONSORSHIP REQUEST FOR FASHION WEEK EL PASEO AND FOOD & WINE FESTIVAL PALM DESERT, APRIL 2 - 10, 2016, AND RELATED EVENT AUTHORIZATIONS. Rec: By Minute Motion: 1) Approve sponsorship funding of $75,000 for Fashion Week El Paseo and $75,000 for Food & Wine Festival Palm Desert 2016, for a total of $150,000; 2) appropriate an additional $75,000 from Unobligated General Fund to Community Sponsorships - FY 2015-2016, Account No. 1104416-4306200 – current funding in the account is $75,000, and the additional appropriation will bring total funding to $150,000; 3) authorize closing a portion of Larkspur Lane for event staging in April 2016; 4) authorize use of the north side of Shadow Mountain Drive behind The Gardens On El Paseo for valet parking; 5) authorize waiving of all permit and inspection fees pertaining to the event; 6) authorize the Mayor to execute the Sponsorship Agreement and allow the City Attorney to make non- substantive changes (Contract No. C34950). Action: C. REQUEST FOR APPROVAL OF A PURCHASE AND SALE AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT FOR THE PROPERTY LOCATED AT 44889 SAN CLEMENTE CIRCLE (A.P.N. 627-071-071), PROPERTY 1(e) OF THE APPROVED LONG- RANGE PROPERTY MANAGEMENT PLAN (CONTRACT NO. SA34960) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) By Minute Motion, authorize the Executive Director/ City Manager to execute the Purchase and Sale Agreement and any and all documents necessary to effectuate the conveyance and acceptance of said property. 2) Waive further reading and adopt Resolution No. 2016 - 10, authorizing and approving the acceptance of certain real property from the Successor Agency by the City. 3) Waive further reading and adopt Resolution No. SA-RDA 051, approving the conveyance of certain real property from the Successor Agency to the City. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 D. REQUEST FOR APPROVAL OF A PROCESS FOR ANNUALLY ASSIGNING CITY COUNCILMEMBERS TO INTERNAL AND EXTERNAL LIAISON APPOINTMENTS. Rec: By Minute Motion, approve a process of annually selecting and/or approving City Council Liaison Assignments to internal and external boards, committees, or commissions, using the following formula, in order of priority, for making same: 1) Seniority of continuous service on the City Council; 2) specific expertise or interest in a particular activity; 3) timing of regular meetings of the entity to coincide with the Councilmember’s availability and schedule. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AN ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTIONS 25.16.030, 25.28.070, AND 25.99.020 TO ALLOW NEW AND USED OUTDOOR AUTOMOTIVE SALES IN CERTAIN LOCATIONS, AND OTHER MODIFICATIONS TO AUTO USES THROUGHOUT THE CITY, Case No. ZOA 15-350 (City of Palm Desert, Applicant). Rec: Waive further reading and: 1) Pass Ordinance No. 1302 to second reading, approving Zoning Ordinance Amendment 15-350 to amend Palm Desert Municipal Code Sections 25.16.030, 25.28.070, and 25.99.020; 2) adopt Resolution No. 2016 - 11, approving a Notice of Determination of a Negative Declaration for Zoning Ordinance Amendment 15-350. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of November 26, 2015 - January 14, 2016. Rec: Receive and file. Action: B. CITY ATTORNEY C. CITY CLERK 1. Announcement of City Council Study Session on Thursday, January 28, 2016, at 2:00 p.m. in the Administrative Conference Room – Community Policing Issues. Action: D. PUBLIC SAFETY 1. Fire Department 2. Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilmember Susan Marie Weber’s Meeting Summaries Report for November 30, 2015 - January 2, 2016. Rec: Receive and file. Action: 2. Council Requests for Action/Committee Reports/Comments: 3. Council Consideration of Travel Requests and Reports: XIX. ADJOURNMENT 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 2016 FUTURE MEETINGS: January 19, 2016 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber January 20, 2016 3:00 p.m. Library Promotion Committee Administrative Conference Room January 25, 2016 1:30 p.m. Adj. Reg. Oversight Board Meeting Administrative Conference Room January 26, 2016 9:00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12:00 p.m. Architectural Review Commission Development Services Conference Room January 28, 2016 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 8th day of January, 2016. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. Rachelle D. Klassen, City Clerk 12