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Home My WebLink AboutAGENDA 22 AUG 2013 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 22, 2013 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 Any person wishing to discuss any item of Closed Session business may address the City Council or Successor Agency to the Palm Desert 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 Successor Agency Board. Because the Brown Act does not allow the City Council or Successor 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 Successor 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: Lease Property - Parkview Professional Office Complex, 73710 Fred Waring Drive, Suite No. 104, Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Bill Houck/United Way of the Desert Under Negotiation: x Price x Terms of Payment 2) Property: APN 640-020-039 Negotiating Parties: Agency: John M. Wohlmuth/Mark Greenwood/City of Palm Desert POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2013 Property Owner: Charles Amash/Waring Plaza LLC Under Negotiation: x Price x Terms of Payment 3) Property:74719 King Fisher Circle (APN 624-440-027),Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Jerry White and Diana M. Corica Under Negotiation: x Price x Terms of Payment 4) Property: 42148 Verdin Lane (APN 624-440-003), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Justin E. and Patricia Mansker Under Negotiation: x Price x Terms of Payment 5) Property: 43815 Yellow Sage Drive (APN 634-242-027), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Elizabeth A. Gilmore Under Negotiation: x Price x Terms of Payment 6) Property: 74600 King Fisher Circle (APN 624-440-014) Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Carlos Valdez Under Negotiation: x Price x Terms of Payment 7) Property: 43990 Blueberry Lane (APN 634-061-028), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Gladys Harris Under Negotiation: x Price x Terms of Payment 8) Property: 74656 King Fisher Circle (APN 624-440-018) Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2013 Palm Desert Housing Authority Property Owner: Linda Pineda 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 - Councilman Van G. Tanner VII. INVOCATION - Mayor 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., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346- 0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2013 A. PRESENTATION TO RECOGNIZE KIM SNYDER FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS ART IN PUBLIC PLACES COMMISSION, 2005 - 2013. Action: B. PRESENTATION TO RECOGNIZE DIRECTOR OF FINANCE/CITY TREASURER PAUL S. GIBSON AND THE CITY OF PALM DESERT FINANCE DEPARTMENT FOR THEIR RECEIPT OF THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE UNITED STATES AND CANADA'S (GFOA'S) "CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR THE FISCAL YEAR ENDED JUNE 30, 2012." 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 July 11, July 25, and August 8, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 254 and 258; 1, 4, 6, 7, 8, 12, 14, 15, 16, 18, 20, 22, 23, 25, 30, 31, 32, 33, and 35. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORT for the Months of May 2013 and June 2013 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Blue Orchid Thai Bistro, 73030 El Paseo, Suite 102, Palm Desert. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2013 Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Chez Pierre, 74040 Highway 111, Suite E, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Siam Gourmet, Ltd., 72355 Highway 111, Suite A, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Walmart Neighborhood Market #3026, 72314 Highway 111, Palm Desert. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Woodhaven Country Club Homeowners Association, 41555 Woodhaven Drive, Suite E, Palm Desert. Rec: Receive and file. I. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Commission Meeting of June 19, 2013. 2. Audit, Investment & Finance Committee Meetings of May 28 and June 25, 2013. 3. Citizens' Sustainability Committee Meeting of April 29, 2013. Rec: Receive and file. J. REQUEST FOR AUTHORIZATION to Utilize Vendors on an Authorized Motorcycle Maintenance Vendors List for Repairs to City-owned Police Vehicles, Communication, Radar, and Lidar Equipment, and for Purchase of Equipment Utilized by the Motor Enforcement Team. Rec: By Minute Motion, authorize the Palm Desert Police Department to utilize vendors on the Authorized Motorcycle Maintenance Vendors List as presented in the Riverside County Sheriff's Department Memorandum dated April 19, 2013. K. REQUEST FOR AUTHORIZATION to Purchase Nine (9) Motorola MC75A Mobile Ticket Writers in the amount of $26,365.07 from MSA Systems Inc. 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2013 Rec: By Minute Motion, approve the purchase of nine (9) Motorola MC75A Mobile Ticket Writers in the amount of $26,365.07 from MSA Systems Inc., San Jose, California - item approved as part of the FY 2013-2014 Police Department Budget, and funds are available in Account No. 400- 4210-422-4045. L. REQUEST FOR AUTHORIZATION to Purchase Nine (9) Body Cameras in the Amount of $8,450.60 for the Palm Desert Police Department's Motor Enforcement Team. Rec: By Minute Motion, approve the purchase of nine (9) VieVU LE2 Body Cameras for the Motorcycle Enforcement Officers assigned to the City of Palm Desert in the amount of $8,450.60 - item approved as part of the FY 2013-2014 Police Department Budget, and funds are available in Account No. 400-4210-422-4045. M. REQUEST FOR AUTHORIZATION to Purchase Kevlar Motorcycle Uniforms in an Amount Not to Exceed $10,000 from Motoport, Inc. Rec: By Minute Motion, approve the purchase of Kevlar motorcycle uniforms in an amount not to exceed $10,000 from Motoport, Inc., San Marcos, California - item approved as part of the FY 2013- 2014 Police Department Budget, and funds are available in Account No. 400-4210-422-4045. N. REQUEST FOR AUTHORIZATION to Purchase a Fuel Management System in an Amount Not to Exceed $36,650 from Western Pump, Inc. Rec: By Minute Motion, approve the purchase of a Fuel Management System from Western Pump, Inc., in an amount not to exceed $36,650 - funds are available in Account No. 530-4195-415-4030 - Fleet Equipment Replacement. O. REQUEST FOR RENEWAL of the Contract with the Law Firm of Liebert Cassidy Whitmore (LCW) to Maintain the City's Membership in the Coachella Valley Employment Relations Consortium (Contract No. C21526). Rec: By Minute Motion, approve the subject contract renewal with Liebert Cassidy Whitmore (LCW) for membership in the Coachella Valley Employment Relations Consortium and authorize the City Manager to execute same - funds in the amount of $4,158 are available in Account No 110-4154-415-3121. 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2013 P. REQUEST FOR AUTHORIZATION to Reject All Bids Received for Contract No. C32910 - Country Club Drive Median Landscape Rehabilitation (Project No. 979-14) and for Staff to Re-bid the Project. Rec: By Minute Motion: 1) Reject all bids received in response to solicitation for the subject Country Club Drive Median Landscape Rehabilitation Project; 2) authorize staff to re-bid the project. Q. REQUEST FOR RATIFICATION of the City Manager's Execution of a Parking Agreement with Desert Cities Baptist Church as it Relates to Cahuilla Hills Park and Approve Amendment to Contract with Vintage Associates, Inc., to Include Maintenance of the Parking Area for Remainder of Contract Term in Landscape Maintenance Area No. 18. Rec: By Minute Motion: 1) Ratify the City Manager's Execution of a Parking Agreement with Desert Cities Baptist Church as it relates to Cahuilla Hills Park (Contract No. C33010); 2) amend Contract No. C32190 with Vintage Associates, Inc., Bermuda Dunes, California - Landscape Maintenance Area No. 18 - to include maintenance of the parking area at an additional $100/month ($1,000 for remainder of contract term); 3) authorize the Mayor to execute said Contract Amendment - funds are available in Account No. 110-4611-453- 3320 - R/M Landscape Services. R. REQUEST FOR APPROVAL of Amendment No. 2 to Contract No. C28800D - Property Acquisition Services for the Free Right-turn Lane at Fred Waring Drive and Highway 111 (Project No. 658-08. Rec: By Minute Motion: 1) Approve Amendment No. 2 in the amount of $5,000 to the subject contract with Overland, Pacific & Cutler, Inc., Palm Desert, California, for right-of-way services for the Free Right- turn Lane at Fred Waring Drive and Highway 111; 2) authorize the Mayor to Execute said Amendment - funds are available in Account No. 213-4384-433-4001 - Right-turn Lane - Fred Waring to Highway 111 (no General Fund money is being used). 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2013 S. REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of Work for Contract No. C32050 - Desert Willow Irrigation Pump Renovation (Project No. 850-13) (South West Pump & Drilling, Inc., Coachella, CA). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $4,928.31 to the subject contract with South West Pump & Drilling, Inc., for the Desert Willow Irrigation Pump Renovation Project; 2) authorize the transfer of $4,928.31 from contingency to base for the project; 3) authorize the Mayor to execute Change Order No. 1; 4) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. T. REQUEST FOR AUTHORIZATION to Release Security for Tract no. 31020 and Accept New Security and Agreement for Same (Knightswood Ventures, LLC, Applicant). Rec: By Minute Motion, release the security for Tract No. 31020 and accept new security and agreement for same. U. REQUEST FOR APPROVAL of Out-of-State Travel for Palm Desert Visitor Center Coordinator to Attend the 2013 Las Vegas Souvenir and Resort Gift Show from September 17-19, 2013. Rec: By Minute Motion, authorize the Palm Desert Visitor Center Coordinator to attend the Las Vegas Souvenir and Resort Gift Show, Las Vegas, Nevada, for the period of September 17 - 19, 2013 - funds are available in Account No. 110-4419-453-3120 - Visitor Center Conference/Seminars Workshops. V. REQUEST FOR APPROVAL of Out-of-State Travel for the Engineering Technician to Attend International Municipal Signal Association Certification Renewal Training in Las Vegas, Nevada, October 7 - 8, 2013. Rec: By Minute Motion, authorize the Engineering Technician to attend International Municipal Signal Association (IMSA) Certification Renewal Training in Las Vegas, Nevada, on October 7 - 8, 2013 - funds are available in Account No. 110-4310-433-3120 - Street Maintenance Conference/Seminars/Workshops. W. INFORMATIONAL REPORT Related to the 2014 Slurry Seal Project (Project No. 751-14). Rec: Receive and file. 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2013 XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 2013 - 50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE SUBDIVISION MAP OF TRACT NO. 31490 (D.R. Horton, Applicant). Rec: Waive further reading and adopt. Action: XIII. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 1257 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 10.24.010, 10.24.020, 10.24.050, 10.24.080, AND 10.24.160 OF THE MUNICIPAL CODE OF THE CITY OF PALM DESERT, CALIFORNIA, REGARDING ABANDONED VEHICLES - ENFORCEMENT AND ABATEMENT. Rec: Waive further reading and pass to second reading. Action: 2. ORDINANCE NO. 1258 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 24.04 OF THE PALM DESERT MUNICIPAL CODE, PERTAINING TO WATER-EFFICIENT LANDSCAPE GUIDELINES. Rec: Waive further reading and pass to second reading. Action: B. For Adoption: None 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2013 XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION FOR THE PALM DESERT POLICE DEPARTMENT TO PARTICIPATE IN THE POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAMS (P.A.C.T.) PROGRAM. Rec: By Minute Motion: 1) Approve the Palm Desert Police Department's participation in the P.A.C.T. Program; 2) authorize the City Manager or his designee to execute any documents related to the City's participation in P.A.C.T.; 3) appropriate $200,000 from Fund 229 - Police Department Budget - and estimated reimbursement of $200,000 from the City's participation in the P.A.C.T. Program. Action: B. REQUEST FOR APPROVAL OF THE ANNUAL FALL 2013 CONCERT SERIES. Rec: By Minute Motion: 1) Approve the 2013 Fall Concert Series Schedule. 2) Approve Contract No. C33020A - Kelly Moneymaker (Blues) in the amount of $525. 3) Approve Contract No. C33020B - Amanda Castro (Jazz) in the amount of $865. 4) Approve Contract No. C33020C - David and Olivia (Americana/Country) in the amount of $625. 5) Approve Contract No. C33020D - Shaken Not Stirred (Variety/Pop/Rock) in the amount of $2,000. 6) Approve expenditure with Studio Instrument rentals (SIR), Palm Springs, California, for concert professional staff, instrumental equipment, sound, and/or lighting in conjunction with the concerts. 7) Authorize the Mayor to execute subject contracts - funds are available in Account No. 110-4416-414-3061. Action: 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2013 C. REQUEST FOR APPROVAL OF PALM SPRINGS ART MUSEUM NEW YEAR'S EVE 5K RUN/WALK RACE. Rec: By Minute Motion: 1) Approve Tuesday, December 31, 2013, date for the Palm Springs Art Museum New Year's Eve 5K Race; 2) approve Painters Path (from El Paseo to Fred Waring Drive - behind Desert Crossing Shopping Center) and Edgehill (from El Paseo to Cahuilla Hills Park) Road Closures for the event. Action: D. REQUEST FOR CITY COUNCIL DIRECTION REGARDING POTENTIAL EXPANSION OF AREAS IN WHICH DRIVE-THROUGH RESTAURANTS ARE PERMITTED WITHIN THE CITY OF PALM DESERT. Rec: By Minute Motion, direct staff to: 1) Initiate a Zoning Ordinance Amendment, allowing drive-through restaurants Citywide. OR 2) Initiate a Zoning Ordinance Amendment to allow drive-through restaurants in additional, clearly defined locations (such as north of Frank Sinatra Drive). OR 3) Make no change to the Zoning Ordinance regarding drive-through restaurants. Action: 11 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2013 E. REQUEST FOR AWARD OF CONTRACT TO COVE ELECTRIC, INC., IN THE AMOUNT OF $58,525 FOR THE EL PASEO MEDIAN ELECTRICAL RETROFIT PROJECT (CONTRACT NO. C33030, PROJECT NO. 970-14) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Rec: By Minute Motion: 1) Award subject contract for the El Paseo Median Electrical Retrofit Project to Cove Electric, Inc., Palm Desert, California, in the amount of $58,525; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $5,852.50; 3) appropriate $64,377.50 from Unobligated General Funds to Account No. 400-4614-454-4001 - Capital Reserve Landscape; 4) authorize the City Manager to draft a Reimbursement Agreement between the City and Successor Agency, authorizing payment from any Successor Agency funding source available for this purpose (Contract No. C33030A); 5) authorize the Mayor to execute the contract agreement. Action: F. REQUEST FOR APPROVAL OF A PROPOSAL BY HOLIDAY LIGHTING DESIGN & DECOR TO MANAGE PHASE TWO OF PALM DESERT'S HOLIDAY DECOR PROGRAM IN THE AMOUNT OF $70,871.16 (CONTRACT NO. C32980A). Rec: By Minute Motion: 1) Approve a proposal by Holiday Lighting Design & Decor, Palm Desert, California, in an amount not to exceed $70,871.16 to manage Phase Two of Palm Desert's Holiday Decor Program per the subject contract; 2) authorize City Manager to execute any contractual documents related to Phase Two of the City's Holiday Lighting and Decoration Program; 3) appropriate $70,871.16 from the Unobligated General Fund for costs not budgeted in FY 2013-2014 for Palm Desert's Holiday Decoration Program Phase Two and transfer to Account No. 110-4310-433- 3910 for this purpose. Action: 12 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2013 XV. CONTINUED BUSINESS A. REQUEST FOR DIRECTION REGARDING UTILITY UNDERGROUNDING IN PALM DESERT (Continued from the meetings of December 13, 2012, April 25, and June 27, 2013). Rec: By Minute Motion, retain Palm Desert's existing process for the creation of Utility Undergrounding Assessment Districts with the following modifications: 1) Allow neighborhoods to determine their own feasible and cost-effective District boundaries without regard to previous City-established Districts. 2) Direct staff to include an additional step to the City's established District formation process that provides Southern California Edison with an opportunity to evaluate the technical feasibility and economic efficiency of a proposed District prior to a formal engineering study. Action: XVI. OLD BUSINESS A. REQUEST TO RECEIVE AND FILE TERRA NOVA PLANNING & RESEARCH'S REVIEW OF THE CITY OF CATHEDRAL CITY FISCAL IMPACT ANALYSIS FOR THE THOUSAND PALMS COMMUNITY DATED JULY 25, 2013. Rec: By Minute Motion, receive and file the report from Terra Nova Planning & Research, Inc. - this information will be available for use when and if Cathedral City files an application with the Local Agency Formation Commission (LAFCO) to annex the Thousand Palms area. Action: 13 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2013 B. REQUEST TO RECEIVE AND FILE LAND USE AND FISCAL IMPACTS REPORT FOR THE NORTHERN SPHERE OF INFLUENCE (EXPANDED) AND BERMUDA DUNES AREA, CONTINUING DISCUSSION AND ACTION ON THE MATTER TO THE MEETING OF SEPTEMBER 12, 2013. Rec: By Minute Motion, receive and file "Land Use and Fiscal Impacts for the Northern Sphere of Influence (Expanded) and the Bermuda Dunes Areas," prepared by Terra Nova Planning & Research, Inc., and continue the matter to the meeting of September 12, 2013, at which time a staff recommendation will be made and public testimony on the matter can be heard. Action: C. CONSIDERATION OF PRIOR RECOMMENDATION TO FORWARD CORRESPONDENCE TO AGUA CALIENTE BAND OF CAHUILLA INDIANS REGARDING LAWSUIT AGAINST COACHELLA VALLEY WATER DISTRICT (CVWD) AND DESERT WATER AGENCY (DWA). Rec: 1) Consider whether or not to send subject letter based upon current discussions. 2) If it is determined to go ahead, by Minute Motion, authorize the letter to be signed by the Mayor Pro Tem. Action: 14 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2013 XVII. PUBLIC HEARINGS A. CONSIDERATION OF ACTIONS RELATING TO PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2013-2014 (Continued from the meeting of July 11, 2013). Rec: Waive further reading and adopt: 1) Resolution No. 2013-51, declaring results of the property owner protest ballot proceedings conducted for the proposed President's Plaza I Property and Business Improvement District Assessments commencing with Fiscal Year 2013-2014. 2) Resolution No. 2013-52, approving and adopting the Management District Plan and Engineer's Report for the President's Plaza I Property and Business Improvement District for Fiscal Year 2013-2014. 3) Resolution No. 2013-53, ordering the formation/renewal of the President's Plaza I Property and Business Improvement District and the levy and collection of assessments for said District for Fiscal Year 2013- 2014. Action: B. CONSIDERATION OF REQUEST BY BURRTEC WASTE AND RECYCLING SERVICES FOR APPROVAL OF THE ANNUAL PRODUCER PRICE INDEX (PPI) AND COUNTY OF RIVERSIDE GATE/DISPOSAL FEE INCREASES, AND APPROVAL OF THE NEW COMMERCIAL RATE. Rec: 1) By Minute Motion, approve the proposed 1.2% PPI rate increase and 1.85% Gate/Disposal Fee Increase from $40.54 to $41.28 per ton. 2) Waive further reading and adopt Resolution No. 2013-54, approving the new adjusted rate schedule of fees (Exhibit 3 for Residential, Commercial, and Roll-off) for the Collection, Recycling, and Disposal of Municipal Solid Waste and Residential/Commercial Recycling contained in Contract No. C27410 - Solid Waste Management Services. 3) By Minute Motion, approve the new Commercial Recycle Fee set at 35% of Trash Rate. 4) By Minute Motion, apply the rate increase to resident and commercial billing accounts. Action: 15 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2013 C. CONSIDERATION OF THE APPROVAL OF A COMPREHENSIVE UPDATE TO THE PALM DESERT MUNICIPAL CODE, TITLE 25 - ZONING, Case No. ZOA 13-223 (City of Palm Desert, Applicant). Rec: Waive further reading and pass Ordinance No. 1259 to second reading, approving Zoning Ordinance Amendment No. 13-223, amending Palm Desert Municipal Code Section 25 - Zoning in its entirety. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of July 1-August 9, 2013. Rec: Receive and file. Action: 2. Report on United Way Campaign and Employee Payroll Deductions. Rec: Receive and file. Action: B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY 1. Fire Department 2. Police Department 16 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2013 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 FUTURE MEETINGS: August 27, 2013 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 10:00 a.m. Cultural Resources Preservation Cmte. -CANCELED- 12:00 p.m. Architectural Review Commission Community Services Conference Room August 28, 2013 2:00 p.m. Citizens’ Sustainability Committee Administrative Conference Room September 2, 2013 1:30 a.m. Oversight Board (Labor Day) -Adjourn to Sept. 9, 2013, 1:30 p.m. 6:00 p.m. Youth Committee -Adjourn to Sept. 9, 2013, 6:00 p.m. September 3, 2013 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber September 9, 2013 1:30 p.m. Adj. Reg. Oversight Board Administrative Conference Room 6:00 p.m. Adj. Reg. Youth Committee Administrative Conference Room September 10, 2013 12:00 p.m. Architectural Review Commission Community Services Conference Room September 11, 2013 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room September 12, 2013 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 th prior to the meeting. Dated this 16 day of August, 2013. ___________________________ Rachelle D. Klassen, City Clerk 17