Loading...
HomeMy WebLinkAboutAGENDA 13 NOV 2014POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 13, 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: 72565 Highway 111 (APN 640-370-016), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/ City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 2) Property: APN 627-232-005 Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/ City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: City of Palm Desert 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 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 - Palm Desert Youth Committee Member Abigail Sanford VII. INVOCATION - Mayor Van G. Tanner 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 aivina 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. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING NOVEMBER 2014 AS "COMPLEX REGIONAL PAIN SYNDROME AWARENESS MONTH" IN THE CITY OF PALM DESERT. Action: B. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, NOVEMBER 13, 2014, AS "CAPTAIN KEVIN VEST DAY" IN THE CITY OF PALM DESERT. Action: C. PRESENTATION OF PROCLAMATION DECLARING SATURDAY, NOVEMBER 29, 2014, AS "SMALL BUSINESS SATURDAY" IN THE CITY OF PALM DESERT. Action: D. PRESENTATION BY LIFESTREAM TO RECOGNIZE THE CITY OF PALM DESERT FOR ITS TREMENDOUS SPIRIT AND BEING THE HIGHEST DONOR IN THE 2014 "NINE CITIES CHALLENGE." Action: E. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY MEMBER ABIGAIL SANFORD. Action: F REQUEST FOR ACCEPTANCE OF RESIGNATION AND APPOINTMENT OF MEMBER TO THE PALM DESERT YOUTH COMMITTEE. Rec: By Minute Motion, accept the resignation of Member Victoria Delapaz and appoint Andrew Olson to fill said vacancy on the Palm Desert Youth Committee. Action: 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 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 October 23, 2014. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 101, 102, 106, and 107. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of September 2014 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Clementine Gourmet Market & Cafe, 72990 El Paseo, Suites 3, 4, 5, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by El Paseo Grill, 73030 El Paseo, Suite 103, Palm Desert. Rec: Receive and file. F CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meeting of September 23, 2014. 2. Youth Committee Meeting of October 6, 2014. Rec: Receive and file. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 G. LETTER OF RESIGNATION from Bob Fliday — El Paseo Business Improvement District Board of Directors. Rec: Receive with very sincere regret. H. REQUEST FOR AUTHORIZATION to Deem Bidders Non -responsive for the University Site Soil Stabilization Project and for the City Clerk to Re -advertise the Project (Contract No. C33890C, Project No. 767-15). Rec: By Minute Motion: 1) Deem bidders non -responsive for the subject University Site Soil Stabilization Project; 2) authorize the City Clerk to re -advertise and call for bids for said project; 3) authorize the project to be re -bid without requiring Bid Bond, Performance Bond, or Payment Bond. I. REQUEST FOR AUTHORIZATION to Utilize a Mounted Posse for Additional Patrol of the Westfield Palm Desert Mall During the 2014 Holiday Season. Rec: By Minute Motion, authorize: 1) Palm Desert Police Department to utilize the Riverside County Sheriff's Mounted Posse (Cabazon Station) during the 2014 Holiday Season to patrol the Westfield Palm Desert Mall; 2) donation of $1,000 from the SLESF CaiCOPS Account, No. 229-4210-422-3914, to fund a Mounted Posse Patrol as part of the 2014 Holiday Theft Suppression Program. J REQUEST FOR AUTHORIZATION to Release Maintenance Security for Tract No. 32498 (Harrison Road Ventures, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the Maintenance Security on file for Tract No. 32498. Action: XI. CONSENT ITEMS HELD OVER 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 XII. RESOLUTIONS A. RESOLUTION NO. 2014 - 90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING SUBMITTAL OF APPLICATION FOR THE CAL -RECYCLE RUBBERIZED PAVEMENT GRANT PROGRAM. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1276 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 3.30.020 OF THE PALM DESERT MUNICIPAL CODE TO REQUIRE COMPLIANCE WITH STATE PREVAILING WAGE REQUIREMENTS ON CITY PUBLIC WORKS PROJECTS. Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE "FREEDOM FLAGS FOR FAMILIES" MILITARY BANNER PROGRAM GUIDELINES AND PROVIDE STAFF WITH DIRECTION ON BANNER DESIGN. Rec: By Minute Motion: 1) Approve the "Freedom Flags for Families" Military Banner Program Guidelines as presented; 2) direct staff to work with a graphic artist for a banner design. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 B. REQUEST FOR AUTHORIZATION TO VACATE EXCESS RIGHTS-OF- WAYAND FOR MAYOR TO EXECUTEAQUITCLAIM DEED RELATIVE TO THE COUNTY OF RIVERSIDE -OWNED PROPERTY AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND DINAH SHORE DRIVE. Rec: 1) Action: Waive further reading and adopt Resolution No. 2014 - 91, vacating excess Rights -of -Way, all being generally located at the northeast corner of Monterey Avenue and Dinah Shore Drive. 2) By Minute Motion, authorize the Mayor to execute a Quitclaim Deed to the County of Riverside and retain an Easement for Channel Maintenance Access purposes. C. REQUEST FOR APPROVAL OF PROPOSED LAW ENFORCEMENT RESPONSIBILITIES MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, COLLEGE OF THE DESERT, AND UNIVERSITY OF CALIFORNIA, RIVERSIDE. Rec: By Minute Motion, approve a Law Enforcement Responsibilities Memorandum of Understanding (MOU) Between each of: 1)The City of Palm Desert, County of Riverside, and California State University, San Bernardino (Contract No. C33990A); 2) the City of Palm Desert, County of Riverside, and University of California, Riverside (Contract No. C33990B); 3) the City of Palm Desert, County of Riverside, and College of the Desert (Contract No. C33990C). Action: D. REQUEST FOR ACCEPTANCE OF CAL -COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING (SLESF) FOR FISCAL YEAR 2014-2015. Rec: By Minute Motion, approve the CaICOPS Supplemental Law Enforcement Services Funding (SLESF) Expenditure Plan, as provided by the Chief of Police, for expenditure of a $100,000 grant award to cover costs for the 2014 Holiday Theft Suppression Program and miscellaneous equipment, services, and supplies to support front-line law enforcement services. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 E. REQUEST FOR APPROVAL OF A FUNDING AGREEMENT FOR UNIVERSITY SITE WORK AND COSTS BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT, AND TAKING CERTAIN RELATED ACTIONS (CONTRACT NO. C33890D) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Action: Waive further reading and adopt Resolution Nos. 2014 - 92 and SA -RDA 037, approving the execution of a Funding Agreement for the University Site Work and Costs between the Successor Agency to the Palm Desert Redevelopment Agency and the City of Palm Desert, and taking certain related actions. 2) By Minute Motion, approve of and authorize the Mayor/Chair to execute the University Site Project Funding Agreement. F. REQUEST FOR APPROVAL OF AN EL PASEO MULTI -USE COMMUNITY CENTER PROJECT BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT, AND TAKING CERTAIN RELATED ACTIONS (CONTRACT NO. C33970) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Rec: Waive further reading and adopt Resolution Nos. 2014 - 93 and SA -RDA 038, approving the execution of an El Paseo Multi -Use Community Center Bond Proceeds Funding Agreement between the Successor Agency to the Palm Desert Redevelopment Agency and the City of Palm Desert, and taking certain related actions. Action: G. REQUEST FOR APPROVAL OF FUNDS FOR PAYMENT TO SUN-GARD PUBLIC SECTOR FOR ANNUAL COMPUTER SOFTWARE MAINTENANCE IN THE AMOUNT OF $60,799.86. Rec: By Minute Motion, approve payment to SunGard Public Sector in the amount of $60,799.86 to provide computer software maintenance for one year — funds are available in Account No. 110-4190-415-3360. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 H. CONSIDERATION OF REQUEST FOR FUNDING OF THE "ROCKIN' THE HOLIDAYS" MUSICAL REVIEW AT THE J. W. MARRIOTT DESERT SPRINGS RESORT. Rec: By Minute Motion: 1) Approve a $10,000 sponsorship for the "Rockin' the Holidays" Musical Review; 2) appropriate $10,000 from the Unobligated General Fund to Account No. 110-4417-414-3222 for the subject sponsorship. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR ADOPTION OF RESOLUTION, ACCEPTING AND REJECTING CERTAIN OFFERS OF DEDICATION WITHIN THE MAP OF TRACT NO. 13008 (THE SUMMIT). Rec: Waive further reading and adopt Resolution No. 2014 - 94, accepting and rejecting certain offers of dedication within the map of Tract No. 13008 (The Summit). Action: B. CONSIDERATION OF AMENDMENTS TO THE PALM DESERT MUNICIPAL CODE, TITLE 5 - BUSINESS TAXES, LICENSES, AND REGULATIONS - CHAPTER NOS. 5.87 AND 5.90, AND TITLE 25 - ZONING - CHAPTER NOS. 25.16, 25.58, 25.34, AND 25.99 - PERTAINING TO THE REGULATION OF MASSAGE ESTABLISHMENTS, BASED ON ASSEMBLY BILL 1147, Case No. ZOA 14-351 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1277 to second reading, approving amendments to the Palm Desert Municipal Code, Title 5 - Business Licenses, Taxes, and Regulations - Chapter Nos. 5.87 and 5.90, and Title 25 - Zoning - Chapter Nos. 25.16, 25.58, 25.34, and 25.99 - pertaining to the regulation of Massage Establishments, based on Assembly Bill 1147. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 C. CONSIDERATION OF A CHANGE OF ZONE FROM OFFICE PROFESSIONAL (O.P.) TO PUBLIC (P) FOR A VACANT 0.68-ACRE PROPERTY LOCATED AT 72565 HIGHWAY 111, ALSO KNOWN AS A.P.N. 640-370-016, Case No. C/Z 14-190 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1278 to second reading, approving Change of Zone No. 14-190. Action: D. REQUEST FOR APPROVAL OF ESTABLISHING THE AMOUNT OF D.U.I. DRIVER AND VEHICLE IMPOUND COST RECOVERY FEE, PURSUANT TO CHAPTER NO. 10.25 OF THE PALM DESERT MUNICIPAL CODE, AND RESCINDING RESOLUTION NO. 09-67. Rec: Waive further reading and adopt Resolution No. 2014 - 95, establishing the amount of the D.U.I. Driver and Vehicle Impound Cost Recovery Fee, pursuant to Chapter No. 10.25 of the Palm Desert Municipal Code, and rescinding Resolution No. 09-67. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manaaer Meeting Summaries for the Period of October 13-31, 2014. Rec: Receive and file. Action: B. CITY ATTORNEY C. CITY CLERK 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 D. PUBLIC SAFETY 1. Fire Department 2. Police Department 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. Sugaested Items for Future City Council Meeting Agendas: XIX. ADJOURNMENT 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 13, 2014 FUTURE MEETINGS: November 18, 2014 2:00 p.m. 6:00 p.m. November 19, 2014 3:00 p.m. November 25, 2014 10:00 a.m. 10:00 a.m. 12:00 p.m. November 27, 2014 3:00 p.m. December 1, 2014 1:30 p.m. 6:00 p.m. December 2, 2014 8:30 a.m. 6:00 p.m. December 9, 2014 12:00 p.m. December 10, 2014 9:00 a.m. 3:30 p.m. 3:30 p.m. December 11, 2014 3:00 p.m. Marketing Committee Administrative Conference Room Planning Commission Civic Center Council Chamber Library Promotion Committee Administrative Conference Room Audit, Investment & Finance Committee North Wing Conference Room Cultural Resources Preservation Cmte. Administrative Conference Room Architectural Review Commission Community Services Conference Room Reg. City Council/Successor-RDA Mtgs. -CANCELED- Thanksgiving Holiday_ Oversight Board Administrative Conference Room Youth Committee Administrative Conference Room Parks & Recreation Commission Administrative Conference Room Planning Commission Civic Center Council Chamber Architectural Review Commission Community Services Conference Room Art In Public Places Commission Community Services Conference Room Housing Commission North Wing Conference Room Public Safety Commission Administrative Conference Room 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 7th day of November, 2014. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. Rachelle D. Klassen, City Clerk 12