HomeMy WebLinkAboutAGENDA 14 NOV 2013
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, NOVEMBER 14, 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 (CLOSED SESSION ITEMS)
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 Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 72-990 HIghway 111 (APN 640-140-019), Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Martin Alvarez/Ruth Ann Moore/
City of Palm Desert
Property Owner: City of Palm Desert
Under Negotiation: x Price x Terms of Payment
2) Property: 43705 Kelsey Court (APN 634-241-037), Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/
Palm Desert Housing Authority
Property Owner: Terri L. McIntyre
Under Negotiation: x Price x Terms of Payment
3) Property: 43930 Blueberry Lane (APN 634-061-024), Palm Desert
Negotiating Parties:
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/
Palm Desert Housing Authority
Property Owner: Rebecca Baker
Under Negotiation: x Price x Terms of Payment
B. Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(d)(1):
1) City of Palm Desert v. Shah, Riverside County Superior Court,
Case No. INC 1301195
2) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County
Superior Court, Case No. CIV 80790; DCA No. E023514
C. 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 Jan C. Harnik
VII. INVOCATION - Councilman 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 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
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013
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 HONOR PALM DESERT FIRE STATION NO. 33
ENGINEER AND U.S. ARMY RESERVE 1 ST SERGEANT MARK
GRASSO.
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 Meeting of October 24, 2013.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 95, 96, 100, 102, 103, and 104.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#728) by Robert A. Veris in an Unspecified
Total Amount.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
D. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of September 2013 (Joint Consideration with the Successor Agency
to the Palm Desert Redevelopment Agency).
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bristol
Farms, 73101 Country Club Drive, Palm Desert.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013
Rec: Receive and file.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Firewood
Artisan Pizza, 73196 Highway 111, Palm Desert.
Rec: Receive and file.
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Wilma &
Frieda's Cafe, 73575 El Paseo, Suite C-2310, Palm Desert.
Rec: Receive and file.
H. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Audit, Investment & Finance Committee Meeting of September 24,
2013.
2. Cultural Resources Preservation Committee Meeting of September 24,
2013.
Rec: Receive and file.
I. LETTER OF RESIGNATION from Ellis ("Cleve") Langford - Citizens'
Sustainability Committee.
Rec: Receive with very sincere regret.
J. LETTER OF RESIGNATION from Nyla Patzner - Marketing Committee.
Rec: Receive with very sincere regret.
K. CONSIDERATION of Legislative Review Committee's Recommendation
Regarding AB 158 (Levine) and SB 405 (Padilla) - Single-use Plastic
Carryout Bags.
Rec: By Minute Motion, concur with the Legislative Review Committee's
recommendation to send a letter of support for AB 158 (Levine) and
SB 405 (Padilla).
L. REQUEST FOR AUTHORIZATION to Provide Written Instructions to
Wells Fargo Bank, National Association, as Fiscal Agent for the Section
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013
29 Assessment District (No. 2004-02) Limited Obligation Improvement
Bonds, Series 2007, to Use Surplus Monies Remaining in the
Improvement Fund to Call and Redeem Bonds.
Rec: By Minute Motion: 1) Direct the City Treasurer to provide written
instructions to Wells Fargo Bank, N. A., as fiscal agent for the
Section 29 Assessment District (No. 2004-02) Limited Obligation
Improvement Bonds, Series 2007, to use surplus monies remaining
in the Improvement Fund to call and redeem a portion of the
outstanding bonds; 2) authorize the City Treasurer to execute any
ancillary documents necessary to effectuate the actions taken
herewith.
M. REQUEST FOR APPROVAL of a Sister Cities Cooperative Agreement
Between the City of Palm Desert and the Village of Bensenville, Illinois, for
the Joint Sister City of Ixtapa-Zihuatanejo, Mexico.
Rec: By Minute Motion, authorize the Mayor to execute a Sister Cities
Cooperative Agreement between the City of Palm Desert and the
Village of Bensenville, Illinois, for the Joint Sister City of Ixtapa-
Zihuatanejo, Mexico.
N. REQUEST FOR DECLARATION of the City's 1988 Grumman Aerial Cat
Snorkel Fire Truck as Surplus and Proceed with Disposal Via Auction.
Rec: By Minute Motion, declare the City's 1988 Snorkel Fire Truck
(VIN#1D91L43FJ100889) as surplus and authorize auctioning this
vehicle by Ken Porter Auctions, Carson, California.
O. REQUEST FOR AUTHORIZATION to Implement a Biennial Sponsorship
for the Palm Desert Police Explorer Program in the Amount of $13,800.
Rec: By Minute Motion, approve implementation and funding, in the
amount of $13,800, for the Palm Desert Police Explorer Program -
funds are available in the Police Department Contingency Fund,
Account No. 110-4210-422-3042.
P. REQUEST FOR RATIFICATION of Staff's Submittal of Household
Hazardous Waste Grant Application to CalRecycle in the Amount of
$50,000.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013
Rec: By Minute Motion: 1) Ratify staff's submittal of Household
Hazardous Waste (HHW) Grant Application to CalRecycle in the
amount of $50,000; 2) authorize the City Manager to enter into
media contract with JNS Media Specialists in the amount of
$45,720 from Account No. 236-4195-454-3090 to promote the
City's HHW Program.
Q. REQUEST FOR APPROVAL of Contract with Staples, Inc., for Citywide
General Office Supplies (Contract No. C33140).
Rec: By Minute Motion, approve the subject contract with Staples, Inc.,
for a one-year contract effective November 15, 2013, with two
possible one-year extensions.
R. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C31810 -
Highway 111 Resurfacing Project (Project No. 752-13) (Matich
Corporation, 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 AUTHORIZATION to Release Security for Tract No.
32498 and Accept a One-year Maintenance Bond (Harrison Road
Ventures, LLC, Applicant).
Rec: By Minute Motion, release security on file for Tract No. 32498 and
accept a one-year Maintenance Bond therefor.
XI. CONSENT ITEMS HELD OVER
XII. RESOLUTIONS
A. RESOLUTION NO. 2013 - 62 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, FORMALIZING THE
OUTSIDE AGENCY / CHARITABLE CONTRIBUTIONS FUNDING
COMMITTEE.
Rec: Waive further reading and adopt.
Action:
XIII. ORDINANCES
For Introduction:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013
None
For Adoption:
A. ORDINANCE NO. 1262 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING
ORDINANCE AMENDMENT TO MODIFY SECTION 25.56.080(D)
(SECTION 25.68.080\[D\] CURRENTLY) - WINDOW SIGNS - OF THE
PALM DESERT MUNICIPAL CODE, ALLOWING ILLUMINATED
WINDOW SIGNAGE AND ESTABLISHING STANDARDS FOR THOSE
SIGNS, Case No. ZOA 13-224 (City of Palm Desert, Applicant).
Rec: Waive further reading and adopt.
Action:
XIV. NEW 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 (Cafe Des Beaux-Arts, Applicant).
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:
B. REQUEST FOR AWARD OF CONTRACT TO CORA CONSTRUCTORS,
INC., IN THE AMOUNT OF $76,000 FOR CONSTRUCTION OF THE
SAN PASCUAL CHANNEL ACCESS RAMP (CONTRACT NO. C33100,
PROJECT NO. 518-13).
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013
Rec: By Minute Motion: 1) Award the subject contract for Construction of
the San Pascual Channel Access Ramp Project to Cora
Constructors, Inc., Palm Desert, California, in the amount of
$76,000; 2) authorize the Director of Finance to set aside a 10%
contingency in the amount of $7,600; 3) authorize the Mayor to
execute the contract - funds are available for the project in the
Drainage Facility Account, No. 232-4383-433-4001 - no General
Funds will be used.
Action:
C. REQUEST FOR AUTHORIZATION FOR CITY MANAGER TO ENGAGE
CONTRACT BUILDING INSPECTION SERVICES IN AN AMOUNT NOT
TO EXCEED $40,000 AND TO EXECUTE A CONTRACT WITH A
TEMPORARY STAFFING SERVICES AGENCY TO PROVIDE SAID
SERVICES (CONTRACT NO. C33150)
Rec: By Minute Motion: 1) Authorize the City Manager to engage
Building Inspection Services in an amount not to exceed $40,000;
2) authorize the City Manager to execute a contract with a
temporary staffing service agency to provide said services -
approval will result in increased contract services in Account No.
110-4420-422-3010; however, cost for services is recoupable
through Plan Check and Permit Fees collected for projects.
Action:
D. REQUEST FOR APPROVAL OF THE PURCHASE OF TWO, NEW 2013
BMW - R1200 RT-P MOTORCYCLES AND EMERGENCY EQUIPMENT
FROM BMW MOTORCYCLES OF RIVERSIDE IN THE AMOUNT OF
$63,373.56.
Rec: By Minute Motion: 1) Approve the purchase of two, new 2013
BMW R1200 RT-P Motorcycles and emergency equipment from
BMW Motorcycles of Riverside in the amount of $63,373.56; 2)
appropriate $63,373.56 from Equipment Replacement Fund 530 for
said purchase.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013
E. REQUEST FOR ACCEPTANCE OF CALCOPS SUPPLEMENTAL LAW
ENFORCEMENT SERVICES (SLESF) FOR FISCAL YEAR 2013-2014.
Rec: By Minute Motion, approve the CalCOPS 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 the costs for the 2013 Holiday Theft Suppression
Program and miscellaneous equipment, services, and supplies to
support front-line law enforcement services.
Action:
F. REQUEST FOR APPROVAL OF THE UTILIZATION OF A MOUNTED
POSSE FOR ADDITIONAL PATROL OF THE WESTFIELD PALM
DESERT MALL DURING THE 2013 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 2013 Holiday Season to patrol the Westfield
Palm Desert Mall; 2) donation of $1,000 from the SLESF CalCOPS
Account, No. 229-4210-422-3914 to fund a mounted posse patrol
as part of the 2013 Holiday Theft Suppression Program.
Action:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013
G. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE
LOANS FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED
FOR THIS PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN
AFFORDABLE HOUSING COST ASSOCIATED WITH A DIRECT SALE
IN DESERT ROSE (JOINT CONSIDERATION WITH THE PALM
DESERT HOUSING AUTHORITY).
Rec: By Minute Motion:
1) Approve a silent down payment assistance loan associated with a
direct sale in Desert Rose, not to exceed 40% of the sales price of
the home to ensure an affordable housing cost pursuant to
California Health and Safety Code Section 50052.5, for a qualified
low- or moderate-income household from any available funding
source restricted for such purpose (Low and Moderate Income
Housing Asset Fund, BEGIN Fund, and Housing Mitigation).
2) Authorize the use of the Desert Rose Sales Program and
documents, including the restrictive covenant and loan documents
for the applicable funding source, and authorize the Mayor to
execute.
3) Authorize the Director of Finance to draw monies from the relative
funds to facilitate the transaction.
4) Authorize the Authority Chairman and/or the Authority's Executive
Director or his designee to finalize and execute any ancillary
documents necessary to effectuate the actions taken herewith -
monies are available in the appropriate account in the Low and
Moderate Income Housing Asset Fund, BEGIN Fund, and Housing
Mitigation Fund.
Action:
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013
A. CONSIDERATION OF THE ESTABLISHMENT OF A HOTEL AND
SIGNATURE EVENTS COMMITTEE.
Rec: Waive further reading and adopt Resolution No. 2013 - 63,
establishing an advisory committee to the City Council known as
the Hotel and Signature Events Committee.
Action:
XVII. PUBLIC HEARINGS
A. REQUEST FOR ADOPTION OF ORDINANCE NO. 1265 - AMENDING
SPECIFIED CHAPTERS OF THE PALM DESERT MUNICIPAL CODE TO
ADOPT THE 2013 EDITIONS OF THE CALIFORNIA CODE OF
REGULATIONS, TITLE 24, AND RELATED CODES WITH SELECTED
APPENDICES AND AMENDMENTS.
Rec: 1) Open the public hearing and accept public testimony
regarding Ordinance No. 1265.
2) Waive further reading and adopt Ordinance No. 1265.
Action:
B. REQUEST FOR ADOPTION OF RESOLUTION NO. 2013 - 64 - MAKING
CERTAIN FINDINGS PURSUANT TO CALIFORNIA GOVERNMENT
CODE SECTION 66001 RELATIVE TO THE ANNUAL REPORT OF
CALCULATION OF GOVERNMENT CODE SECTION 66006 -
DEVELOPMENT IMPACT FEES FOR THE CITY OF PALM DESERT.
Rec: 1) Open the public hearing and accept public testimony
regarding Resolution No. 2013 - 64.
2) Waive further reading and adopt Resolution No. 2013 - 64,
making certain findings pursuant to California Government
Code Sections 66001 and 66006.
Action:
XVIII. REPORTS AND REMARKS
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013
A. CITY MANAGER
1. City Manager Meeting Summaries for the Period of October 14-
November 1, 2013.
Rec: Receive and file.
Action:
B. CITY ATTORNEY
C. CITY CLERK
1. Reminder of Cancellation of Next Regular City Council Meeting -
Thursday, November 28, 2013, for Observance of the Thanksgiving
Holiday; and Request for Discussion Regarding Second Regular
City Council Meeting Scheduled for Thursday, December 26, 2013.
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
FUTURE MEETINGS:
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2013
November 19, 2013 2:00 p.m. Marketing Committee
Administrative Conference Room
6:00 p.m. Planning Commission
Civic Center Council Chamber
November 20, 2013 3:00 p.m. Library Promotion Committee
Administrative Conference Room
November 26, 2013 10:00 a.m. Audit, Investment & Finance Committee
North Wing Conference Center
10:00 a.m. Cultural Resources Preservation Cmte.
Administrative Conference Room
12:00 p.m. Architectural Review Commission
Community Services Conference Room
November 28, 2013 3:00 p.m. Reg. City Council/Successor-RDA Mtgs.
-CANCELED-Thanksgiving Holiday
December 2, 2013 1:30 p.m. Oversight Board
Administrative Conference Room
6:00 p.m. Youth Committee
Administrative Conference Room
December 3, 2013 8:30 a.m. Parks & Recreation Commission
Administrative Conference Room
6:00 p.m. Planning Commission
Civic Center Council Chamber
December 10, 2013 12:00 p.m. Architectural Review Commission
Community Services Conference Room
December 11, 2013 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
December 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 8 day of November, 2013.
___________________________
Rachelle D. Klassen, City Clerk
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