HomeMy WebLinkAboutAGENDA 26 SEP 2013
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 26, 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: 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
B. Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(d)(1):
POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
a) AC Massage v. City of Palm Desert, State of California, Court of
Appeals
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 - Palm Desert Youth Committee
Member Cassidy Quilling.
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 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, (760) 346-0611.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
A. PRESENTATION OF PROCLAMATION, DECLARING THE WEEK OF
OCTOBER 6-12, 2013, AS "FIRE PREVENTION WEEK" IN THE CITY OF
PALM DESERT.
Action:
B. PRESENTATION OF PROCLAMATION, DECLARING THE MONTH OF
OCTOBER 2013 AS "FIRE PREVENTION AND MINI-MUSTER MONTH"
IN THE CITY OF PALM DESERT.
Rec:
Action:
C. PRESENTATION OF UPDATE ON YOUTH COMMITTEE ACTIVITIES BY
MEMBER CASSIDY QUILLING.
Rec:
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 September 12, 2013.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 61, 65, 66, 70.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bouchee
Cafe & Deli, 72785 Highway 111, Suite B1, Palm Desert.
Rec: Receive and file.
D. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
1. Citizens’ Sustainability Committee Meeting of July 8, 2013.
2. Marketing Committee Meeting of June 18, 2013.
3. Parks & Recreation Commission Meeting of June 4, 2013.
4. Public Safety Commission Meeting of May 8, 2013.
5. Youth Committee Meeting of May 7, 2013.
Rec: Receive and file.
E. REQUEST FOR DECLARATION of Surplus Property and Authorization for
Disposal Through Auction - Five (5) City Vehicles.
Rec: By Minute Motion, declare five (5) City vehicles as surplus and
authorize disposal through auction.
F. REQUEST FOR AUTHORIZATION to Advertise a Request for Proposals
(RFP) for Construction Engineering and a Call for Sealed Bids for
Construction of Monterey at I-10 Ramp Modifications (Project No. 669-02).
Rec: By Minute Motion, authorize: 1) City Clerk to advertise a Request
for Proposals (RFP) for Construction Engineering for the Monterey
Avenue at I-10 Ramp Modifications Project (Contract No.
C22310H); 2) City Clerk to advertise a Notice Inviting Sealed Bids
for Construction of the Monterey Avenue at I-10 Ramp
Modifications (Contract No. C23310I) - no fiscal impact, other than
cost of publication, for this action; however, ultimate project cost is
estimated to be $8.36 million.
G. REQUEST FOR APPROVAL of a Professional Services Agreement with
Vacation Rental Compliance in an Amount Not to Exceed $24,000 for
Continuation of a Contracted Program to Identify and Bring Into
Compliance Palm Desert Homeowners Not Currently Complying with
Palm Desert Municipal Code Section 3.28.020 - Transient Occupancy Tax
(T.O.T.) and Section 5.10 - Short-term Rentals (Contract No. C32281).
Rec: By Minute Motion, approve the subject contract with Vacation
Rental Compliance, Rancho Mirage, California, in an amount not to
exceed $24,000 to identify and register non-compliant short-term
rental properties in Palm Desert.
H. REQUEST FOR APPROVAL of Amendment No. 2 to Contract No.
C32190 - for Landscape Maintenance Area No. 18 to Add the Monthly
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
Maintenance of the Southern Well Site at Ironwood Park (Project No. 918-
12).
Rec: By Minute Motion, approve Amendment No. 2 in the amount of
$2,700 to the subject contract with Vintage Associates, Inc.,
Bermuda Dunes, California, to add the monthly maintenance of the
southern well site at Ironwood Park - funds are available in General
Fund Account No. 110-4611-453-3320 - R/M Landscape Services.
I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C32000A -
Civic Center Sheriff Substation HVAC Upgrade Project (Project No. 763-
11) (Anderson Air Conditioning, L.P., Fullerton, 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.
Action:
XI. CONSENT ITEMS HELD OVER
XII. RESOLUTIONS
A. RESOLUTION NO. 2013 - 58 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING
RESOLUTION NO. 09-78 AND ADOPTING A REVISED TRAVEL
EXPENSE REIMBURSEMENT POLICY FOR CITY
ELECTED/APPOINTED OFFICIALS AND CITY EMPLOYEES.
Rec: Waive further reading and adopt.
Action:
XIII. ORDINANCES
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
For Introduction:
A. ORDINANCE NO. 1260 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER
2.52 OF THE PALM DESERT MUNICIPAL CODE BY AMENDING
SECTION NOS. 2.52.205 - RECRUITMENT NOTICES AND
APPLICATION REQUIREMENTS, 2.52.305 - DEFINITION OF
EMPLOYMENT TYPES, AND 2.52.700 - HOLIDAYS.
Rec: Waive further reading and pass to second reading.
Action:
B. ORDINANCE NO. 1261 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION
NOS. 3.28.020 AND 3.28.040 OF THE PALM DESERT MUNICIPAL
CODE - TRANSIENTS OCCUPANCY TAX (T.0.T.).
Rec: Waive further reading and pass to second reading.
Action:
For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION TO UTILIZE FRAZER, LTD., TO
REFURBISH AND REMOUNT PALM DESERT MEDIC UNIT NO. 67 IN
AN AMOUNT NOT TO EXCEED $114,000.
Rec: By Minute Motion: 1) Approve of the refurbishing and remounting
of Palm Desert Medic Unit No. 67 by Frazer, Ltd., Houston, Texas,
in an amount not to exceed $114,000; 2) appropriate $114,000
from the Unobligated Equipment Replacement Fund to Account No.
530-4195-415-4030 for this purpose; 3) approve Out-of-State
Travel for one Fire Department representative to travel to Houston,
Texas, to inspect and take possession of refurbished Medic Unit
No. 67.
Action:
B. REQUEST FOR RATIFICATION OF THE PURCHASE AND SALE
AGREEMENT AND RELATED DOCUMENTS ASSOCIATED WITH THE
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
ACQUISITION OF PROPERTY KNOWN AS 43878 PORTOLA AVENUE
(APN 622-200-055-4)(CONTRACT NO. C33040).
Rec: By Minute Motion, ratify the City Manager's execution of a
Purchase and Sale Agreement and related documents associated
with the acquisition of real property known as 43878 Portola
Avenue (APN 622-200-055-4) in the amount of $250,000 plus up to
$10,000 for tenant settlement agreements - funds are available in
Account No. 400-4438-433-4001.
Action:
C. REQUEST FOR POLICY DIRECTION PERTAINING TO THE
MAINTENANCE OF TURF IN CITY DOG PARKS.
Rec: By Minute Motion, reaffirm staff's current re-seeding policy of
closing all dog parks in the City for a period of eight (8) weeks.
Action:
D. CONSIDERATION OF REGULAR CITY COUNCIL, SUCCESSOR
AGENCY, HOUSING AUTHORITY, AND FINANCING AUTHORITY
MEETING TIME.
Rec: By Minute Motion, concur with staff's recommendation to retain the
existing Regular City Council Meeting schedule, concurrently with
Successor Agency, Housing and Financing Authority Meetings, and
time as set forth in Resolution No. 02-57, with the regular meeting
convening at 3:00 p.m. and adjourning to Closed Session,
reconvening the regular meeting at 4:00 p.m. for the conduct of
regular business and public hearings.
Action:
XV. CONTINUED BUSINESS
None
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
XVI. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT TO GOLDEN VISTA
CONSTRUCTION d.b.a. GOLDEN VALLEY CONSTRUCTION IN THE
AMOUNT $48,332 FOR THE COUNTRY CLUB DRIVE MEDIAN
LANDSCAPE REHABILITATION (CONTRACT NO. C32910, PROJECT
NO. 979-14).
Rec: By Minute Motion: 1) Award the subject contract for the Country
Club Drive Median Landscape Rehabilitation Project to Golden
Vista Construction, Inc., d.b.a. Golden Valley Construction, Palm
Springs, California, in the amount of $48,332; 2) authorize the
Director of Finance to set aside a 10% contingency in the amount
of $4,833.20; 3) authorize the Mayor to execute said contract -
funds are available in Account No. 400-4614-433-4001 - Capital
Project Reserve Landscape Services.
Action:
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF REQUEST BY BURRTEC WASTE AND
SERVICES TO ESTABLISH THE NEW COMMERCIAL RECYCLE FEE
(Continued from the meeting of August 22, 2013).
Rec: 1) By Minute Motion, approve the new Commercial Recycle
Fee set at 35% of trash rate.
2) By Minute Motion, approve the implementation date of
November 1, 2013, for the new Commercial Recycle Fee for
customers already recycling (the fee will be applied to non-
recycling commercial customers as the recycle program is
implemented).
3) Waive further reading and adopt Resolution No. 2013 - 59,
approving the new Commercial Recycle Fee set at 35% of
trash rate as provided for in Contract No. C27410 - Solid
Waste Management Services.
4) By Minute Motion, apply new Commercial Recycle Fee to
commercial customers.
Action:
B. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT
TO MODIFY SECTION 25.56.080(D) (SECTION 25.68.080\[D\]
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
CURRENTLY) - WINDOW SIGNS - OF THE PALM DESERT MUNICIPAL
CODE, ALLOWING ILLUMINATED WINDOW SIGNAGE FOR ALL
BUSINESSES, EXCEPT FOR BUSINESSES LOCATED ON EL PASEO,
Case No. ZOA 13-224 (City of Palm Desert, Applicant).
Rec: Waive further reading and pass Ordinance No. 1262 to second
reading, approving Zoning Ordinance Amendment No. 13-224,
amending Palm Desert Municipal Code Section 25.56.080(D) -
Window Signs (currently Section 25.58.080\[D\]).
Action:
C. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT
TO MODIFY SECTION 25.56.080(G) (SECTION 25.68.080\[G\]
CURRENTLY) - PEDESTRIAN-ORIENTED SIGNS - OF THE PALM
DESERT MUNICIPAL CODE TO RESTRICT THEM ON EL PASEO AND
ALLOW A-FRAME SIGNS IN OTHER PARTS OF THE CITY, Case No.
ZOA 13-225 (City of Palm Desert, Applicant).
Rec: Waive further reading and pass Ordinance No. 1263 to second
reading, approving Zoning Ordinance Amendment No. 13-225,
amending Palm Desert Municipal Code Section 25.56.080(G)
(currently Section 25.68.080\[G\]) - Pedestrian-oriented Signs.
Action:
D. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT
TO MODIFY SECTION 25.56.040(A)(SECTION 25.58.310 CURRENTLY)
- PARKING REQUIREMENTS TABLE 25.46-1 - OF THE PALM DESERT
MUNICIPAL CODE, CHANGING THE NUMBER OF PARKING SPACES
REQUIRED FOR VARIOUS LAND USES, Case No. ZOA 13-226 (City of
Palm Desert, Applicant).
Rec: Waive further reading and pass Ordinance No. 1264 to second
reading, approving Zoning Ordinance Amendment No. 13-226,
amending Palm Desert Municipal Code Section 25.46.040(A)
(currently 25.58.310) - Parking Schedule.
Action:
XVIII. REPORTS AND REMARKS
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POSTED AGENDA
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 26, 2013
A. CITY MANAGER
1. City Manager Meeting Summaries for the Period of September 3-
13, 2013.
Rec: Receive and file.
Action
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 SEPTEMBER 26, 2013
FUTURE MEETINGS:
October 1, 2013 8:30 a.m. Parks & Recreation Commission
Administrative Conference Room
6:00 p.m. Planning Commission
Civic Center Council Chamber
October 7, 2013 1:30 p.m. Oversight Board
Administrative Conference Room
6:00 p.m. Youth Committee
Administrative Conference Room
October 8, 2013 12:00 p.m. Architectural Review Commission
Community Services Conference Room
October 9, 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
October 10, 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 20 day of September, 2013.
___________________________
Rachelle D. Klassen, City Clerk
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