HomeMy WebLinkAboutAGENDA 12 DEC 2013
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, DECEMBER 12, 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, 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 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 Tanner
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2013
VII. INVOCATION - Mayor Pro Tem Jean M. Benson
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 will 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 TO RECOGNIZE ELLIS C. ("CLEVE") LANGFORD
FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS
CITIZENS' SUSTAINABILITY COMMITTEE.
Action:
B. PRESENTATION TO RECOGNIZE THE PALM DESERT HIGH SCHOOL
WATER POLO TEAM WINNING THE 2013 CALIFORNIA
INTERSCHOLASTIC FEDERATION (CIF) CHAMPIONSHIP.
Action:
C. PRESENTATION OF PROCLAMATION DECLARING THURSDAY,
DECEMBER 12, 2013, AS "CHARLIE AND LINDA GARBARINI DAY" IN
THE CITY OF PALM DESERT AND RECOGNIZING THEIR
SIGNIFICANT CONTRIBUTIONS TO THE ANNUAL "TOYS FOR TOTS"
DRIVE.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2013
D. PRESENTATION OF PROCLAMATION CELEBRATING THE 20TH
ANNIVERSARY OF CAFÉ DES BEAUX-ARTS IN THE CITY OF PALM
DESERT.
Action:
E. PRESENTATION TO THE CITY COUNCIL BY 2013 GOLF CART
PARADE CHAIRMAN MIKE HARDIN.
Action:
F. REORGANIZATION OF THE CITY COUNCIL
1) SELECTION OF MAYOR AND MAYOR PRO-TEMPORE
a) Comments by Outgoing Mayor and Mayor Pro-Tempore.
b) Comments by Newly Selected Mayor and Mayor Pro-Tempore.
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 November 14 and
November 28, 2013.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 107, 108, 113, 114, 118, 121, AND 122.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#732) by Erik Diehl, a Minor, in the Amount
of $2,000,000.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant's representative.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2013
D. COMPLIANCE ANALYSIS AND INVESTMENT REPORT for the Month of
October 2013 (Joint Consideration with the Successor Agency to the
Palm Desert Redevelopment Agency).
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Palm Desert
Shell, 77920 Avenue of the States, Palm Desert.
Rec: Receive and file.
F. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Art In Public Places Commission Meeting of September 18, 2013.
2. Audit, Investment & Finance Committee Meeting of October 22, 2013.
3. Citizens' Sustainability Committee Meeting of August 28, 2013.
4. Library Promotion Committee Meeting of June 19, 2013.
5. Marketing Committee Meeting of September 17, 2013.
6. Public Safety Commission Meetings of September 11 and October 9,
2013.
Rec: Receive and file.
G. LETTER OF RESIGNATION from Jennie Rayner - Palm Desert Marketing
Committee.
Rec: Receive with very sincere regret.
H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C33030 - El
Paseo Median Electrical Retrofit Project (Project No. 790-14) (Cove
Electric, Inc., Palm Desert, CA) (Joint Consideration with the
Successor Agency to the Palm Desert Redevelopment Agency).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
I. REQUEST FOR AUTHORIZATION to Issue a Call for Entries Seeking
Artists for the 2015/2016 El Paseo Exhibition.
Rec: By Minute Motion, authorize staff to issue a call for entries seeking
artists to exhibit in the 2015/2016 El Paseo Exhibition.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2013
J. REQUEST FOR APPROVAL to Renew Lease Agreement with Cintas
Corporation for Uniform Services at the Desert Willow Golf Resort in the
Amount of $41,709.96 (Contract No. C30333, Project No. 845-14).
Rec: By Minute Motion, approve the subject Lease Agreement with
Cintas Corporation, Ontario, California, for Uniform Services at the
Desert Willow Golf Resort in the amount of $41,709.96 (includes
tax). Funds for the lease renewal are available in Golf Course
Expenses, Account No. 520-4195-495-8091.
K. REQUEST FOR ADOPTION of Resolutions - Setting Forth Findings and
Authorizing Destruction of Paper Records from the Department of Building
& Safety that Have Been Digitally Imaged (October 2012, November 2012,
December 2012, and January 2013 Records).
Rec: Waive further reading and adopt Resolution Nos.: 1) 2013 - 65 -
October 2012 Records; 2) 2013 - 66 - November 2012 Records; 3)
2013 - 67 - December 2012 Records; 4) 2013 - 68 - January 2013
Records.
L. CONSIDERATION of a Sponsorship Request by the Palm Springs Cruisin'
Association in Support of Hosting Events Within Palm Desert.
Rec: By Minute Motion: 1) Authorize the sponsorship request of the Palm
Springs Cruisin' Association; 2) authorize payment of $2,400 from
Account No. 110-4416-414-3062 (City Sponsored Events).
M. CONSIDERATION of Surplus of Street Name Sign and Sale of Sign.
Rec: By Minute Motion: 1) Surplus the Deer Grass Street name sign; 2)
authorize the City Manager to sell the sign to Mr. William Anderson
for $10.
Action:
XI. CONSENT ITEMS HELD OVER
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2013
XII. RESOLUTIONS
A. RESOLUTION NO. 2013 - 69 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING THE
DIRECTOR OF COMMUNITY DEVELOPMENT TO SUBMIT LOCAL
GROWTH FORECASTS TO THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS.
Rec: Waive further reading and adopt.
Action:
B. RESOLUTION NO. 2013 - 70 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE
FINAL SUBDIVISION MAP OF TRACT NO. 36554-1 AND THE RELATED
IMPROVEMENT AGREEMENT (Mario Gonzalez, GHA Communities,
Applicant).
Rec: Waive further reading and adopt.
Action:
C. RESOLUTION NO. 2013 - 71 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, RECONSTITUTING
THE ADVISORY BODY FORMERLY KNOWN AS THE UNIVERSITY
PLANNING COMMITTEE, PER THE FORMER PALM DESERT
REDEVELOPMENT AGENCY DISPOSITION AND DEVELOPMENT
AGREEMENT WITH MEMBERS OF THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA-RIVERSIDE - PALM DESERT (UCR)
AND CALIFORNIA STATE SAN BERNARDINO - PALM DESERT (CSU)
AND RENAMING IT THE UNIVERSITY PLANNING AND
DEVELOPMENT COMMITTEE TO CONTINUE TO SUPPORT
RELEVANT AND THOUGHTFUL DEVELOPMENT FOR THE ENTIRETY
OF THE CSU/UCR ACREAGE IN THE CITY OF PALM DESERT.
Rec: Waive further reading and adopt.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2013
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL FOR RYAN CAMPBELL TO CREATE A
PROPOSAL FOR AND PAINT A DESIGN ON THE SET OF TWO
TRAFFIC SIGNAL CABINETS ON FRED WARING DRIVE AND PHYLLIS
JACKSON LANE (CONTRACT NO. C32670C).
Rec: By Minute Motion, concur with the recommendation of the Art in
Public Places Commission and approve Ryan Campbell to create a
proposal and paint a design on the set of two traffic signal cabinets
on Fred Waring Drive and Phyllis Jackson Lane.
Action:
B. REQUEST FOR APPROVAL OF THE CITY'S PARTICIPATION IN THE
2014 DESERT SCULPTURE SYMPOSIUM, AUTHORIZE
EXPENDITURE IN THE AMOUNT OF $25,000 FROM THE ART IN
PUBLIC PLACES FUND FOR PURCHASE OF A SCULPTURE,
APPROPRIATE $5,000 FROM THE UNOBLIGATED GENERAL FUND
RESERVES, AND GRANT PERMISSION TO UTILIZE CITY PROPERTY
FOR THE DESERT SCULPTURE SYMPOSIUM.
Rec: By Minute Motion: 1) Approve the City's participation in the 2014
Desert Sculpture Symposium; 2) authorize expenditure in the
amount of $25,000 from the Art in Public Places Fund for purchase
of a sculpture, Account No. 436-4650-454-4001; 3) appropriate
$5,000 from the Unobligated General Fund Reserves to Account
No. 110-4416-414-3062 for incidental costs; 4) grant permission to
utilize City property for the Desert Sculpture Symposium.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2013
C. REQUEST FOR APPROVAL OF A FUNDING COMMITMENT IN THE
AMOUNT OF $40,000 TO THE COACHELLA VALLEY ECONOMIC
PARTNERSHIP (CVEP) IN SUPPORT OF THE COACHELLA VALLEY
IHUB/ACCELERATOR NETWORK PROJECT.
Rec: By Minute Motion: 1) Approve a funding commitment of $40,000 to
the Coachella Valley Economic Partnership (CVEP) in support of
the Coachella Valley iHub Accelerator Network project; 2)
appropriate $40,000 from unobligated general funds to Account No.
110-4430-422-3630 (Economic Development Dues).
Action:
D. REQUEST FOR AUTHORIZATION FOR STAFF TO COMMENCE
NEGOTIATIONS WITH BURRTEC FOR THE SOLID WASTE AND
RECYCLE FRANCHISE AGREEMENT EXTENSION OPTION.
Rec: By Minute Motion: 1) Authorize staff to commence negotiations with
Burrtec Waste and Recycling Services, Inc., for the Solid Waste
and Recycle Franchise Agreement extension option; 2) receive and
file Recycle Fee Nexus Study and Road Maintenance &
Refuse/Recycle Vehicle Impact Study.
Action:
E. REQUEST FOR REAPPOINTMENT OF THE DIRECTOR OF
FINANCE/CITY TREASURER PAUL S. GIBSON AS THE CITIES OF
PALM DESERT'S AND RANCHO MIRAGE'S REPRESENTATIVE TO
THE IMPERIAL IRRIGATION DISTRICT'S (IID) ENERGY CONSUMERS
ADVISORY COMMITTEE (ECAC) FOR A FOUR-YEAR TERM,
JANUARY 2014 - DECEMBER 2017.
Rec: By Minute Motion, reappoint Director of Finance/City Treasurer
Paul S. Gibson as the Cities of Pam Desert's and Rancho Mirage's
representative to the Imperial Irrigation District's (IID) Energy
Consumers Advisory Committee (ECAC) for a four-year term,
January 2014 - December 2017.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2013
F. CONSIDERATION OF APPROVAL OF $75,000 IN FACADE
ENHANCEMENT PROGRAM (FEP) FUNDING FOR PROJECT
LOCATED AT 73-811 EL PASEO (Justin Baldwin/Presage Real Estate,
LLC, Applicant).
Rec: By Minute Motion: 1) Approve the Facade Enhancement Program
Agreement with Justin Baldwin (Presage Real Estate, LLC) in the
amount not to exceed $75,000 for property located at 73-811 El
Paseo, Palm Desert; 2) appropriate $75,000 from the Economic
Development Fund 425 for the subject Facade Enhancement
Program project.
Action:
G. CONSIDERATION OF A TRANSIENT OCCUPANCY TAX (TOT)
REIMBURSEMENT AGREEMENT WITH EL PASEO HOTEL, LLC.
(CONTRACT NO. C33180).
Rec: By Minute Motion: 1) Approve a Transient Occupancy Tax (TOT)
Reimbursement Agreement as to form with El Paseo Hotel, LLC.,
Palm Desert, California, in the amount not to exceed $1,800,000 for
the operation of a 154-room boutique hotel located at the northeast
corner of Larkspur Lane and Shadow Mountain Drive and authorize
the City Attorney to make non-substantive changes; 2) authorize
the Mayor to execute said Agreement.
Action:
H. CONSIDERATION OF TITLE SPONSORSHIP REQUEST FROM THE
LIVING DESERT FOR ITS "DESERT BIRDS OF THE OUTBACK"
EXHIBIT FROM JANUARY 4, 2014, THROUGH MAY 2014, IN THE
AMOUNT OF $40,000.
Rec: By Minute Motion: 1) Consider becoming a title sponsor for The
Living Desert's Desert Birds of the Outback exhibit from January 4,
2014, through May 2014, in the amount of $40,000; 2) if Council
approves a title sponsorship, appropriate $40,000 from the
Community Contingency portion of the Unobligated General Fund
Reserves (Account No. 110-4110-410-3880) to the Marketing
budget (Account No. 110-4417-414-3222).
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2013
I. CONSIDERATION TO PURCHASE THE COLORADO TIMING SYSTEM
FOR THE PALM DESERT AQUATIC CENTER IN AN AMOUNT NOT TO
EXCEED $70,000.
Rec: By Minute Motion: 1) Authorize the purchase of the Colorado
Timing System (CTS) for the Palm Desert Aquatic System in an
amount not to exceed $70,000; 2) appropriate $70,000 from
Unobligated Fund 242 monies to Account No. 242-4549-454-4001
(Aquatic Center, Capital Account).
Action:
J. INFORMATIONAL REPORT ON THE HIRING OF FG CREATIVE TO
PROVIDE MARKETING SERVICES FOR THE PALM DESERT AQUATIC
CENTER.
Rec: By Minute Motion, receive and file the informational report.
Action:
XV. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF AN OUTDOOR DINING AREA TO
ENCROACH INTO THE PUBLIC RIGHT-OF-WAY ALONG LARKSPUR
LANE, SUBJECT TO THE BUSINESS OWNER PROVIDING CERTAIN
FACADE IMPROVEMENTS, INCLUDING A NEW AWNING, NEW PATIO
RAILING, NEW PATIO FURNITURE, AND CONCRETE PLANTERS
WITH UMBRELLAS FOR CAFÉ DES BEAUX-ARTS LOCATED AT 73640
EL PASEO, Case No. ODP 13-210 (Café Des Beaux-Arts, Applicant)
(Continued from the meeting of November 14, 2013).
Rec: By Minute Motion, allow the Applicant to create an outdoor dining
area six feet (6') from back of curb along Larkspur Lane, provided
that they construct facade improvements, including a new awning,
new patio railing, new patio furniture, and concrete planters with
umbrellas for Café Des Beaux-Arts, subject to the Applicant
receiving design approval from the Architectural Review
Commission and providing an acceptable phasing plan for
construction of the outdoor dining area.
Action:
XVI. OLD BUSINESS
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2013
XVII. PUBLIC HEARINGS
A. REQUEST FOR ADOPTION OF RESOLUTION NO. 2013 - 72,
AMENDING RESOLUTION NO. 2012-37 AS RELATED TO THE PUBLIC
WORKS DEPARTMENT LANDSCAPE SERVICES FEES.
Rec: 1) Open the public hearing and receive public comment.
2) Waive further reading and adopt Resolution No. 2013 - 72,
amending Resolution No. 2012-37 as related to the Public
Works Department Landscape Services Fees.
Action:
B. REQUEST TO COMMENCE WITH DEVELOPMENT OF THE FISCAL
YEAR 2014/2015 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) ONE-YEAR ACTION PLAN AND GRANT APPLICATION
PROCESS.
Rec: 1) Open the Public Hearing and receive public comment
relative to the FY 2014/2015 Community Development Block
Grant (CDBG) Cycle and development of the One-Year
Action Plan.
2) Open the Community Development Block Grant (CDBG)
Application Process for FY 2014/2015.
Action:
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. City Manager Meeting Summaries for the Period of November 4 -
27, 2013.
Rec: Receive and file.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2013
2. REQUEST FOR APPOINTMENT of Two City Councilmembers to
the El Pseo Streetscape Sub-Committee (Ad Hoc Committee).
Rec: By Minute Motion, designate two Councilmembers to serve
as City representatives on the El Paseo Streetscape
Sub-Committee.
B. CITY ATTORNEY
C. CITY CLERK
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. Suggested Items for Future City Council Meeting Agendas:
XIX. ADJOURNMENT
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 2013
FUTURE MEETINGS:
December 17, 2013 2:00 p.m. Marketing Committee
Administrative Conference Room
6:00 p.m. Planning Commission
Civic Center Council Chamber
December 18, 2013 3:00 p.m. Library Promotion Committee
Administrative Conference Room
December 24, 2013 10:00 a.m. Audit, Investment & Finance Cmte.
North Wing Conference Room
12:00 p.m. Architectural Review Commission
Community Services Conference Room
December 26, 2013 3:00 p.m. Reg. City Council/Successor-RDA Mtgs.
- CANCELED - Holiday Schedule
December 31, 2013 10:00 a.m. Cultural Resources Preservation Cmte.
Administrative Conference Room
January 6, 2014 1:30 p.m. Oversight Board
Administrative Conference Room
6:00 p.m. Youth Committee
Administrative Conference Room
January 7, 2014 8:30 a.m. Parks & Recreation Commission
Administrative Conference Room
6:00 p.m. Planning Commission
Civic Center Council Chamber
January 8, 2014 9:00 a.m. Art In Public Places Commission
Community Services Conference Room
3:30 p.m. Housing Commission
North Wing Conference Room
3:30 p.m. Public Safety Commission
Administrative Conference Room
January 9, 2014 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
th
board not less than 72 hours prior to the meeting. Dated this 6 day of December, 2013.
____________________________
Rachelle D. Klassen, City Clerk
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