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HomeMy WebLinkAboutAGENDA 12 SEP 2013 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 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 (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: 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: APN 640-140-017 Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/ Ruth Ann Moore/City of Palm Desert Property Owner: Rita Spiegel/Palm Desert Partners Under Negotiation: x Price x Terms of Payment POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 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 Pro Tem Jean M. Benson 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 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, SEPTEMBER 12, 2013, AS "THOMAS J. McDERMOTT DAY" IN THE CITY OF PALM DESERT. Action: B. PRESENTATION OF PROCLAMATION DECLARING THE PALM DESERT HIGH SCHOOL BANDS AS THE OFFICIAL CITY BANDS OF THE CITY OF PALM DESERT. Action: 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 C. INTRODUCTION OF NEW COVE COMMUNITIES' FORENSIC TECHNICIAN JILLIAN FRISBY. Action: D. PRESENTATION TO THE CITY COUNCIL BY THE COACHELLA VALLEY WATER DISTRICT REGARDING CHROMIUM-6. 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 August 22, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 38, 39, 43, 47, 48, 50, 54, 55, 58, and 60. Rec: Approve as presented. C. REQUEST FOR DECLARATION of Surplus Property and Authorization of its Disposal -- Miscellaneous Computer and Electronic Equipment. Rec: By Minute Motion, declare items listed on the accompanying staff report's Exhibit "A" as surplus and authorize disposal as appropriate. D. REQUEST FOR ACCEPTANCE OF BID from Dove Printing for Printing of the 2014 City Calendar in the Amount of $12,331.44. Rec: By Minute Motion: 1) Accept the bid from Dove Printing, Palm Desert, California, for printing of the City's Annual Calendar for 2014 in the amount of $12,331.44; 2) authorize the Mayor to execute acceptance of said bid -- funds are available in the 2013- 2014 Marketing Budget, Account No. 110-4417-414-3091. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 E. REQUEST FOR AUTHORIZATION to Purchase a Bobcat S70 Skid Steer Loader with 48-inch Angle Broom Attachment from Inland Bobcat, Inc., in an Amount Not to Exceed $28,381.96. Rec: By Minute Motion: 1) Approve the purchase of a Bobcat S70 Skid Steer Loader with 48-inch angle broom attachment from Inland Bobcat, Inc., Riverside, California, in an amount not to exceed $28,381.96; 2) appropriate $28,381.96 from Unobligated Fund 530 to Account No. 530-4195-415-4030 - Fleet Equipment Replacement for this purpose.. F. REQUEST FOR AUTHORIZATION to Award Annual Contract to Wurm's Janitorial Services, Inc., for Monthly Janitorial Service at the Palm Desert Police Substation, 73-520 Fred Waring Drive, in the Amount of $13,356.84 (Contract No. C33050). Rec: By Minute Motion, authorize award of the subject contract to Wurm's Janitorial Services, Corona, California, in the amount of $13,356.84 annually for monthly janitorial service at the Palm Desert Police Substation, 73-520 Fred Waring Drive -- funds are available in Account No. 510-4195-495-3695. G. REQUEST FOR AUTHORIZATION to Reject Proposal for City Facilities Fire and Security Alarm Monitoring and Authorize Staff to Re-advertise Same (Contract No. C32770, Project No. 780-14). Rec: By Minute Motion: 1) Reject proposal from Desert Alarm, Inc., Palm Desert, California, for the City Facilities Fire and Security Alarm Monitoring; 2) authorize staff to advertise two separate contracts - one for Fire and Security Alarm Monitoring and one for Armed Response. H. REQUEST FOR APPROVAL of 2013 Palm Desert Golf Cart Parade on Sunday, October 27, and Sponsorship Therefor. Rec: By Minute Motion: 1) Approve sponsorship of the 2013 Palm Desert Golf Cart Parade in the amount of $25,000 and in-kind Public Works services for the event; 2) authorize expenditure of funds from Account No. 110-4414-414-3062 for this purpose; 3) authorize $500 expenditure for Mayor's Trophy Award from Account No. 110-4414-414-3061; 4) permit the sale, possession, and consumption of alcoholic beverages on City-owned property in connection with the event on Sunday, October 27, 2013; 5) authorize El Paseo road closure for the parade and activities; 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 6) waive Palm Desert Municipal Code Section 11.01.140 - Amplified Sound for the event. I. REQUEST FOR AUTHORIZATION of Payment for Sponsorship of the 2014 International Sports Festival Scheduled for February 6 - 9. Rec: By Minute Motion, approve payment in the amount of $26,000 to Desert Recreation District for the 2014 International Sports Festival from Account No. 110-4416-414-3062. J. REQUEST FOR RATIFICATION of City Manager's Authorization to Submit a Letter of Opposition for AB 325 (Alejo) - Land Use and Planning. Rec: By Minute Motion, ratify the City Manager's authorization to submit a letter of opposition for AB 325 (Alejo). K. CONSIDERATION of Palm Desert Legislative Review Committee's Recommendation to Provide Letter of Support for AB 483 (Ting) - Local Government: Taxes, Fees, Assessments, and Charges. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee and authorize the Mayor to send a letter of support for AB 483 (Ting). L. REQUEST FOR RATIFICATION of City Manger's Authorization to Submit a Letter of Opposition for SB 341 (DeSaulnier) - Redevelopment-Housing Functions. Rec: By Minute Motion, ratify the City Manager's authorization to submit a letter of opposition for SB 341 (DeSaulnier). M. STATUS UPDATE on Time Warner Negotiations. Rec: Receive and file. Action: XI. CONSENT ITEMS HELD OVER 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 XII. RESOLUTIONS A. RESOLUTION NO. 2013 - 55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2012-2013 BUDGET AS A RESULT OF YEAR-END ADJUSTMENTS. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES A. For Introduction: None B. For Adoption: 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 adopt. 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 adopt. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 3. ORDINANCE NO. 1259 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT FOR A COMPREHENSIVE UPDATE TO PALM DESERT MUNICIPAL CODE TITLE 25 - ZONING, Case No. ZOA 13-223 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL RELATIVE TO WAIVER OF PENALTY RESULTING FROM LATE PAYMENT OF TRANSIENT OCCUPANCY TAX (T.O.T.) FOR THE PERIODS OF MAY 2013 AND JUNE 2013, Case No. T.O.T. - Marriott Vacations Worldwide (Marriott Vacations Worldwide Corporation, Appellant). Rec: By Minute Motion, consider an appeal relative to waiver of penalty resulting from late payment of T.O.T. for the periods of May 2013 and June 2013, and recommend that the City Manager determine status of the waiver. Action: B. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND CITY OF RANCHO MIRAGE FOR CONSTRUCTION AND MAINTENANCE OF LANDSCAPE MEDIANS ON DINAH SHORE DRIVE, MONTEREY AVENUE, AND FRANK SINATRA DRIVE (CONTRACT NO. C33060). Rec: By Minute Motion, authorize the Mayor to execute the subject Reimbursement Agreement between the City of Palm Desert and City of Rancho Mirage for Construction and Maintenance of Landscape Medians on Dinah Shore Drive, Monterey Avenue, and Frank Sinatra Drive. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 C. REQUEST FOR ADOPTION OF RESOLUTIONS, APPROVING THE EXECUTION OF AN EL PASEO 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 (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Waive further reading and adopt Resolution Nos. 2013 - 56 and SA-RDA 018, approving the execution of an El Paseo Project Bond Proceeds Funding Agreement between the Successor Agency and the City, and taking certain related actions (Contract No. C33030A). 2) By Minute Motion, approve and authorize the Mayor/Chair to execute the El Paseo Project Funding Agreement. Action: XV. CONTINUED BUSINESS A. REQUEST TO CONSIDER FINDINGS OF FISCAL IMPACT REPORT FOR THE NORTHERN SPHERE OF INFLUENCE (EXPANDED) AND BERMUDA DUNES AREA, AND DIRECT STAFF AS TO FURTHER ACTIONS, IF ANY, REGARDING POTENTIAL ANNEXATION (Continued from the meeting of August 22, 2013). Rec: By Minute Motion, continue to a date uncertain any consideration of annexation of Bermuda Dunes and areas north of the Interstate 10 Freeway, including Sun City. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 XVI. OLD BUSINESS A. CONSIDERATION OF PROPOSAL "LAKE CAHUILLA PALMS" BY LARRY AND NANCY CUSH AS THE PUBLIC ART COMPONENT FOR THE COACHELLA VALLEY WATER DISTRICT'S STEVE ROBBINS ADMINISTRATION BUILDING LOCATED AT 75-515 AND 75-525 HOVLEY LANE EAST, PALM DESERT (Heather Engel/Coachella Valley Water District, Applicant). Rec: By Minute Motion, approve the proposed artwork, "Lake Cahuilla Palms" by Larry and Nancy Cush, as the public art component for the Coachella Valley Water District's Steve Robbins Administration Building located at 75-515 and 75-525 Hovley Lane East, Palm Desert. Action: XVII. PUBLIC HEARINGS A. CONSIDERATION OF THE ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE HOUSING ELEMENT UPDATE, PURSUANT TO SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND OF THE ADOPTION OF AN UPDATED GENERAL PLAN HOUSING ELEMENT, Case No. GPA 12-361 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt Resolution No. 2013 - 57, approving a Negative Declaration of Environmental Impact and General Plan Amendment No. 12-361, adopting the Housing Element. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period August 12-30, 2013. Rec: Receive and file. Action: B. CITY ATTORNEY 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 C. CITY CLERK 1. Reminder of City Council Study Session - Burrtec Commercial Recycle Fee - Thursday, September 26, 2013, at 2:00 p.m., Administrative Conference Room. Action: 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 10 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2013 FUTURE MEETINGS: September 17, 2013 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber September 18, 2013 9:00 a.m. Art In Public Places Commission Community Services Conference Room 3:00 p.m. Library Promotion Committee Administrative Conference Room September 24, 2013 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 10:00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room 12:00 p.m. Architectural Review Commission Community Services Conference Room September 26, 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 6 day of September, 2013. ___________________________ Rachelle D. Klassen, City Clerk 11