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Home My WebLink AboutAGENDA 10 APR 2014POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 10, 2014 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 640-020-003 Negotiating Parties: Agency: John M. Wohlmuth/Ryan Stendell/City of Palm Desert Property Owner: David J. Mitchell Under Negotiation: x Price x Terms of Payment 2) Property: 42204 Golden Eagle Lane (APN 624-431-012), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Nicholas and Corena Killebrew Under Negotiation: x Price x Terms of Payment POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 B. 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 Van G. Tanner VII. INVOCATION - Councilmember Jan C. Harnik 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 DECLARING THURSDAY, APRIL 10, 2014, AS "DON BRADY DAY" IN THE CITY OF PALM DESERT. Action: B. INTRODUCTION TO THE CITY COUNCIL BY NEW GENERAL MANAGER OF SUNLINE TRANSIT AGENCY LAUREN SKIVER. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 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 March 27, 2014. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 192, 193, 196, 197, and 200. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#741) by Alex Meyerhoff in the Amount of $13,819.76. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Stuft Pizza, 72840 Highway 111, Suite V465, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Cultural Resources Preservation Committee Meeting of October 29, 2013. 2. Marketing Committee Meeting of January 21, 2014. Rec: Receive and file. F. LETTER OF RESIGNATION from Janet Hanson — El Paseo Business Improvement District Board of Directors. Rec: Receive with very sincere regret. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 G. REQUEST FOR AUTHORIZATION to Release Security for El Paseo Collection Fashion Plaza Improvements at 73130 El Paseo (El Paseo Collection Fashion Plaza, LLC, Applicant). Rec: By Minute Motion, authorize release of the security for improvements for El Paseo Collection Fashion Plaza. H. REQUEST FOR APPROVAL of Third Annual Martha's Village & Kitchen Thanksgiving Day 5K Run/Walk on November 27, 2014, Including Closure of Public Streets (Martha's Village & Kitchen, Applicant). Rec: By Minute Motion, approve the Third Annual Martha's Village & Kitchen Thanksgiving Day 5K Run/Walk, including closure of El Paseo between Highway 74 and Portola Avenue. CONSIDERATION of Legislative Review Committee Recommendation to Provide Letters of Opposition and Support to Various Proposed Legislation. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and approve the recommended letters of support for AB 1521 (Fox), AB 1896 (Perez), AB 2415 (Ting), SB 69 (Roth), and SB 270 (Padilla, De Leon, and Lara); and a letter of opposition for House Resolution No. 29 (Gomez). J REQUEST FOR AWARD OF CONTRACT to The Printing Place for Printing of the City's Bimonthly BrightSide Newsletter for Fiscal Year 2014-2015, with a One-year Extension Provision (Contract No. C33460). Rec: By Minute Motion: 1) Award the subject contract to low bidder The Printing Place, Palm Desert, California, for printing of the BrightSide Newsletter in the amount of $31,909.86 for Fiscal Year 2014-2015, including an optional, one-year extension provision at the same price; 2) authorize the Mayor to execute said contract — funds are included in the proposed General Fund Budget for FY 2014-2015 in Account No. 110-4417-414-3026. Action: XI. CONSENT ITEMS HELD OVER 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 XII. RESOLUTIONS A. RESOLUTION NO. 2014 - 19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A TWILIGHT RESIDENT GREEN FEE BETWEEN MAY 1 TO SEPTEMBER 30 AT DESERT WILLOW GOLF RESORT. Rec: Waive further reading and adopt. Action: B. RESOLUTION NO. 2014 - 20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PORTIONS OF RESOLUTION NO. 2013-49, "EXHIBIT A" - SALARY SCHEDULE, SALARY RANGES, AND ALLOCATED CLASSIFICATIONS FOR THE PERIOD OF JULY 1, 2013 - JUNE 30, 2014 (ADDING CLERICAL ASSISTANT AND DELETING OFFICE ASSISTANT II - CITY CLERK DEPARTMENT). Rec: Waive further reading and adopt. Action: XIII. ORDINANCES A. For Introduction: 1. URGENCY ORDINANCE NO. 1269 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING FINDINGS AND ESTABLISHING A MORATORIUM ON THE OPERATION OF FOOD VENDING TRUCKS WITHIN THE PUBLIC RIGHT-OF-WAY BY AMENDING PALM DESERT MUNICIPAL CODE SECTION 5.97.110(A) TO PROHIBIT SUCH OPERATION. Rec: Waive further reading and adopt the Urgency Ordinance by four -fifths vote of the City Council. Action: B. For Adoption: None 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION FOR STAFF TO NEGOTIATE A NEW OPERATIONS CONTRACT WITH THE FAMILY YMCA OF THE DESERT FOR SERVICES AT THE PALM DESERT AQUATIC CENTER (CONTRACT NO. C33470). Rec: By Minute Motion, direct staff to negotiate a new Operations Contract with the Family YMCA of the Desert (YMCA) for services provided at the Palm Desert Aquatic Center. Action: B. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE 2014 GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF PALM DESERT ON TUESDAY, NOVEMBER 4, INCLUDING ELECTION OF CERTAIN OFFICERS AND CONSIDERATION OF MEASURES RELATING TO AN INCREASE IN THE CITY'S TRANSIENT OCCUPANCY TAX (T.O.T.). Rec: Waive further reading and: 1) Adopt Resolution No. 2014 - 21, calling for the holding of a General Municipal Election to be held on Tuesday, November 4, 2014, for the election of certain officers. 2) Adopt Resolution No. 2014 - 22, requesting the Board of Supervisors of the County of Riverside to consolidate a General Municipal Election to be held on Tuesday, November4, 2014, with the Statewide General Election to be held on the date pursuant to § 10403 of the Elections Code. 3) Adopt Resolution No. 2014 - 23. adopting regulations for candidates for elective office pertaining to candidates' statements submitted to the voters for the November 2014 Election. 4) Adopt Resolution No. 2014 - 24, submitting to the qualified voters of the City at said Election a Measure relating to an increase in Transient Occupancy Tax (T.O.T.). 5) Adopt Resolution No. 2014 - 25, submitting to the qualified voters of the City at said Election an Advisory Measure for Allocation of Additional T.O.T. Revenue to promotional and marketing -related expenses. 6) Adopt Resolution No. 2014 - 26, setting priorities for filing a written argument regarding a City Measure. 7) Adopt Resolution No. 2014 - 27, providing for the filing of Rebuttal Arguments for City Measures submitted at Municipal Elections. 8) Pass Ordinance No. 1270 to second reading, amending Sections 3.28.030 and 3.28.070 of Title 3 of the Palm Desert Municipal Code - T.O.T., pending majority vote of the voters. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 XV. CONTINUED BUSINESS A. CONSIDERATION OF AN APPROVAL TO ALLOW AN OUTDOOR DINING AREA TO ENCROACH INTO THE PUBLIC RIGHT-OF-WAY ALONG LARKSPUR LANE, SUBJECT TO THE BUSINESS OWNER PROVIDING CERTAIN FACADE IMPROVEMENTS, INCLUDINGANEWAWNING, NEW PATIO RAILING, NEW PATIO FURNITURE, AND CONCRETE PLANTERS WITH UMBRELLAS, FOR CAFE DES BEAUX-ARTS LOCATED AT 73640 EL PASEO, Case No. ODP 13-210 (Cafe Des Beaux-Arts, Applicant) (Continued from the meetings of November 14 and December 12, 2013). Rec: By Minute Motion, accept the Applicant's request to formally withdraw consideration of the outdoor dining area six feet from back of curb along Larkspur Lane for Cafe Des Beaux-Arts. Action: XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT TO MODIFY PALM DESERT MUNICIPAL CODE SECTION 25.40.050 - ACCESSORY STRUCTURES - TO REFINE PLACEMENT AND DEVELOPMENT STANDARDS, AND SECTION 25.99 - DEFINITIONS - TO COMBINE AND MAKE DEFINITIONS CONSISTENT FOR ACCESSORY BUILDINGS AND STRUCTURES, Case No. ZOA 13-357 (City of Palm Desert, Applicant) (Continued from the meetings of February 27 and March 13, 2014). Rec: Waive further reading and pass Ordinance No. 1267A to second reading, approving Zoning Ordinance Amendment No. 13-357, amending Palm Desert Municipal Code Section 25.40.050 - Accessory Buildings and Structures, and Section 25.99 - Definitions. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 B. CONSIDERATION OF AN ORDINANCE, AMENDING THE PALM DESERT MUNICIPAL CODE BY ADDING CHAPTER 5.12 TO REDUCE SINGLE -USE PLASTIC BAGS BY RETAIL ESTABLISHMENTS WITHIN THE CITY OF PALM DESERT (City of Palm Desert, Applicant). Rec: Waive further reading and: 1) Adopt Resolution No. 2014 - 28, approving a Negative Declaration for CEQA (California Environmental Quality Act) purposes. 2) Pass Ordinance No. 1271 to second reading, adding Chapter 5.12 to the Palm Desert Municipal Code to reduce single -use plastic bags by retail establishments. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meetina Summaries for the Period of March 17-28, 2014. Rec: Receive and file. Action: B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY 1. Fire Department 2. Police Department 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2014 E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for Action: 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 April 15, 2014 April 16, 2014 April 22, 2014 April 24, 2014 FUTURE MEETINGS: 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber 3:00 p.m. Library Promotion Committee Administrative Conference Room 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room 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 4th day of April, 2014. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. Rachelle D. Klassen, City Clerk 9