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Home My WebLink AboutAGENDA 08 MAY 2014 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 08, 2014 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: 44215 San Pascual (APN 627-102-017), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Martin Alvarez/ City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 2) Property: 73697 Santa Rosa Way (APN 627-102-019), Palm Desert Negotiating Parties: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 Agency: John M. Wohlmuth/Martin Alvarez/ City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency 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 UNTIED STATES OF AMERICA - Councilmember Jean M. Benson VII. INVOCATION - Councilman Robert A. Spiegel VIII. ORAL COMMUNICATIONS – B Any person wishing to discuss any item not scheduled for public hearing 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 to the Palm Desert Redevelopment Agency Board. Because the Brown Act does not allow the City Council or Successor Board to the Palm Desert Redevelopment 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 to the Palm Desert Redevelopment Agency 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 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 A. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF MAY 4- 10, 2014, AS "PUBLIC SERVICE RECOGNITION WEEK" IN THE CITY OF PALM DESERT. 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 April 24, 2014. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 213. Rec: Approve as presented. C. LIBRARY PROMOTION COMMITTEE Meeting Minutes for November 20, 2013. Rec: Receive and file. D. REQUEST FOR ADOPTION of Resolutions, Setting Forth the City Council's Findings and Authorizing the Destruction of Files from the Department of Building & Safety that Have Been Digitally Imaged - Records for Months of February - June 2013. Rec: Waive further reading and adopt the following Resolution Nos. for the specified months of records processed, as follows: 1) Resolution No. 2014 - 33 - February 2013 Records; 2) Resolution No. 2014 - 34 - March 2013 Records; 3) Resolution No. 2014 - 35 - April 2013 Records; 4) Resolution No. 2014 - 36 - May 2013 Records; 5) Resolution No. 2014 - 37 - June 2013 Records. E. REQUEST FOR APPROVAL of $33,000 Expenditure for postage for The BrightSide Newsletter - Fiscal Year 2014-2015. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 Rec: By Minute Motion, approve the expenditure of $33,000 for the United States Postal Service to cover a year's worth of postage for mailing of the bimonthly BrightSide Newsletter - funds have been included in the proposed FY 2014-2015 Budget, Account No. 110- 4417-414-3026. F. REQUEST FOR AUTHORIZATION to Reject All Bids Received in the Solicitation for Contract No. C33420 - Frank Sinatra Drive Resurfacing Program with Cold-in-place Recycling, and Authorize City Clerk to Re- advertise (Project No. 752-14). Rec: By Minute Motion: 1) Reject all bids received in the solicitation for the subject Frank Sinatra Drive CIR Project: 2) authorize the City Clerk to re-advertise and call for bids for said project. G. REQUEST FOR APPROVAL of Out-of-state Travel for the Director of Public Works to Attend the International Transportation Engineers Western District Conference - Rapid City, South Dakota, June 29 - July 2, 2014. Rec: By Minute Motion, authorize Out-of-state Travel for the Director of Public Works to attend the International Transportation Engineers Western District Conference being held in Rapid City, South Dakota, June 29 - July 2, 2014 - funds are available in Account No. 110-4300-413-3120 - Administration Conference /Seminars/Workshops. Action: XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 A. CONSIDERATION OF AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S DECISION TO DENY A REQUEST FOR AN EXCEPTION TO PALM DESERT MUNICIPAL CODE SECTION 25.40.080 - FENCES AND WALLS AT 77750 DELAWARE PLACE, PALM DESERT, Case No. MISC 14-081 (Peyton McElyea, Applicant/Appellant). Rec: Waive further reading and adopt Resolution No. 2014 -38, denying the Appeal and upholding the Architectural Review Commission's decision to deny a request for an exception to Palm Desert Municipal Code Section 25.40.080 - Fences and Walls at 77750 Delaware Place. Action: B. REQUEST FOR APPROVAL OF ONE-YEAR EXTENSION TO CONTRACT WITH KNORR SYSTEMS, INC., FOR MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION AT THE PALM DESERT AQUATIC CENTER FOR FISCAL YEAR 2014-2015 IN THE AMOUNT OF $109,515 (CONTRACT NO. C30703). Rec: By Minute Motion: 1) Approve one-year extension of the subject contract with Knorr Systems, Inc., Santa Ana, California, for Mechanical Maintenance Services and Chemical Acquisition at the Palm Desert Aquatic Center in the amount of $109,515; 2) authorize the Mayor to execute the contract extension - funds are available in Account Nos. 242-4549-454-2111 and 242-4549-454- 3311 in the proposed FY 2014-2015 Operating Budget. Action: C. REQUEST FOR APPROVAL OF THE MUNICIPAL STORMWATER IMPLEMENTATION AND COST-SHARING AGREEMENT BETWEEN THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, COUNTY OF RIVERSIDE, COACHELLA VALLEY WATER DISTRICT, AND CITIES OF BANNING, CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS, AND RANCHO MIRAGE (CONTRACT NO. C33550). Rec: By Minute Motion, authorize the Mayor to execute the subject Municipal Stormwater Implementation and Cost-sharing Agreement. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 D. REQUEST FOR AWARD OF CONTRACT FOR THE TRAFFIC SIGNAL L.E.D. INDICATION REPLACEMENT PROJECT TO SIERRA PACIFIC ELECTRICAL CONTRACTING, INC., IN THE AMOUNT OF $74,153 (CONTRACT NO. C33370, PROJECT NO. 586-14). Rec: By Minute Motion: 1) Award subject contract for the Traffic Signal LED indication Replacement Project to Sierra Pacific Electrical Contracting, Inc., Anaheim, California, in the amount of $74,153; 2) authorize the Director of Finance to set aside a 10% contingency in the amount of $7,415.30; 3) appropriate $10,328.30 from Unobligated Fund 440 - Traffic Signal Safety to Account No. 440- 4250-422-4001; 4) authorize the Mayor to execute said contract - funding is available for this project in Fund 440 and Measure "A." Action: E. REQUEST FOR ADOPTION OF RESOLUTIONS, APPROVING THE CITY'S INTENT AND COMMITMENT TO UTILIZE THE SUCCESSOR AGENCY PARCELS KNOWN AS A.P.N. 627-102-017 AND A.P.N. 627- 102-019 FOR THE FUTURE EXPANSION OF THE JOSLYN SENIOR CENTER (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Rec: Waive further reading and adopt: 1) City Council Resolution No. 2014 - 39, approving the intent and commitment to utilize APNs 627-102-017 and 627-102-019 for the future expansion of the Joslyn Senior Center. 2) Successor Agency to the Palm Desert Redevelopment Agency Resolution No. SA-RDA 029, approving the intent and commitment to utilize APNs 627-102-017 and 627-102-019 for the future expansion of the Joslyn Senior Center. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 XV. CONTINUED BUSINESS A. ORDINANCE NO. 1271A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.12 OF THE PALM DESERT MUNICIPAL CODE, RELATING TO SINGLE-USE CARRYOUT PLASTIC BAGS AND PROHIBITING THE FREE DISTRIBUTION OF REUSABLE PAPER BAGS BY RETAIL ESTABLISHMENTS (City of Palm Desert, Applicant) (Continued from the meeting of April 24, 2014). Rec: 1) Waive further reading and adopt Ordinance No. 1271A, adding Chapter 5.12 to the Palm Desert Municipal Code to reduce use of single-use plastic bags by retail establishments. 2) By Minute Motion, direct staff to continue working with the Citizens' Sustainability Committee and retail establishments to consider possible modifications in the future. Action: XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR ADOPTION OF A NOTICE OF EXEMPTION FROM ENVIRONMENTAL IMPACT ANALYSIS, APPROVAL FOR A NEW, FOUR-STORY, 108-ROOM FAIRFIELD INN & SUITES MARRIOTT HOTEL, AND APPROVAL OF A FUTURE RESTAURANT BUILDING PAD LOCATED AT 74764 TECHNOLOGY DRIVE (APN 694-190-061), Case No. PP 14-25 (Prest Vuksic Architects, Applicant). Rec: Waive further reading and adopt Resolution No. 2014 - 40, approving a Notice of Exemption from Environmental Impact analysis as it relates to the project, and a new, four-story, 108-room Fairfield Inn & Suites Marriott Hotel, including a detached 6,300 square-foot pad for a future restaurant. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 B. REQUEST FOR APPROVAL OF OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATIONS FOR FISCAL YEAR 2014-2015 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING, ONE-YEAR ACTION PLAN, AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE PLAN (AI) FAIR HOUSING ACTION PLAN (FHAP). Rec: By Minute Motion: 1) Approve Outside Agency Funding Committee recommendations for FY 2014-2015 CDBG Funding, as proposed. 2) Approve FY 2014-2015 CDBG One-year Action Plan. 3) Approve Analysis of Impediments to Fair Housing Choice Plan (AI)/Fair Housing Action Plan (FHAP). 4) Authorize the City Manager to sign the FY 2014-2015 One-year Action Plan Certifications. 5) Authorize staff to submit the FY 2014-2015 CDBG One-year Action Plan and AI/FHAP to the U.S. Department of Housing and Urban Development (HUD). Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of April 14 - 25, 2014. 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 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING MAY 8, 2014 FUTURE MEETINGS: May 12, 2014 2:00 p.m. Citizens’ Sustainability Committee Administrative Conference Room May 13, 2014 12:00 p.m. Architectural Review Commission Community Services Conference Room May 14, 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 May 20, 2014 2:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber May 21, 2014 3:00 p.m. Library Promotion Committee Administrative Conference Room May 22, 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 board nd not less than 72 hours prior to the meeting. Dated this 2 day of May, 2014. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. ____________________________ Rachelle D. Klassen, City Clerk 10