POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 26, 2017 CIVIC CENTER COUNCIL CHAMBER

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1 REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 26, 2017 CIVIC CENTER COUNCIL CHAMBER FRED WARING DRIVE, PALM DESERT, CA I. CALL TO ORDER - 3:00 P.M. II. III. ROLL CALL ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) Any person wishing to discuss any item not appearing on the agenda that is within the subject matter jurisdiction of the City Council or Successor Agency to the Palm Desert Redevelopment Agency may address them 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 (3) minutes unless additional time is authorized by the City Council or Successor Agency. Because the Brown Act does not allow the City Council or Successor Agency 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 : 1) Property: APNs , -007, -008, -010 (Near Homme/Adams Park) Negotiating Parties: Agency: Lauri Aylaian/Ryan Stendell/City of Palm Desert Property Owner: Michael Kirkpatrick Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section (d)(2): Number of potential cases: 2

2 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Palm Desert Youth Committee Chair Matthew Chang VII. INVOCATION - Mayor Pro Tem Sabby Jonathan 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., Fred Waring Drive, Palm Desert, CA 92260, telephone (760) VIII. AWARDS AND PRESENTATIONS A. PRESENTATION TO THE CITY COUNCIL OF AN UPDATE ON PALM DESERT YOUTH COMMITTEE ACTIVITIES BY CHAIR MATTHEW CHANG. Oral report to be provided at the meeting. B. PRESENTATION OF 2017 PALM DESERT MINI-MUSTER ARTWORK AWARDS. C. PRESENTATION TO THE CITY COUNCIL OF THE COACHELLA VALLEY BRANCH OF SOUTHERN CALIFORNIA CHAPTER OF THE AMERICAN PUBLIC WORKS ASSOCIATION S 2016/2017 PROJECT OF MERIT AWARD FOR THE CATALINA COMMUNITY GARDEN RENOVATION. 2

3 IX. ORAL COMMUNICATIONS - B Any person wishing to discuss any item not appearing on the agenda that is within the subject matter jurisdiction of the City Council or Successor Agency to the Palm Desert Redevelopment Agency may address them 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 (3) minutes unless additional time is authorized by the City Council or Successor Agency. Because the Brown Act does not allow the City Council or Successor Agency 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. X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY A. Mayor Pro Tem Sabby Jonathan Committee Reports and General Comments. B. Councilmember Kathleen Kelly Committee Reports and General Comments. C. Councilmember Gina Nestande Committee Reports and General Comments. D. Councilmember Susan Marie Weber Meeting Summaries Report for the Period of October 1-14, Receive and file. E. Mayor Jan C. Harnik Committee Reports and General Comments. F. City Council Requests for Action. G. City Council Consideration of Travel Requests/Reports. 3

4 XI. STAFF REPORTS AND REMARKS A. City Manager 1. City Manager s Meeting Summaries Report for the Period of October 2-13, Receive and file. B. City Attorney C. City Clerk D. Public Safety 1. Fire Department 2. Police Department XII. 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 XIII, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular City Council Meeting of October 12, Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Dated 9/29/2017. Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bighorn Golf Club, 255 Palowet Drive, Palm Desert. Receive and file. 4

5 D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Hotel & Signature Events Committee Meeting of June 7, Parks & Recreation Commission Meeting of September 5, Receive and file. E. RESOLUTION NO A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Paper Records that Have Been Digitally Imaged from the Office of the City Clerk, to Rely on the Electronic Record as the Official Record (Exhibit A ) Various Contracts and Subject Files from the Records Center. Waive further reading and adopt. F. REQUEST FOR AUTHORIZATION to Declare a 2007 Honda Motorcycle (VIN JH2SC51767M500084) as Surplus Property and Authorize its Disposal. By Minute Motion, declare a 2007 Honda Motorcycle (VIN JH2SC51767M500084), dedicated to police services, as surplus and authorize its disposal via auction or salvage. G. REQUEST FOR AUTHORIZATION for Information Systems Department to Use Vendor List for Fiscal Year for Equipment Replacement Purchases in a Total Amount Not to Exceed $40,000. By Minute Motion, approve the Information Systems Department Vendor List for annual equipment replacement purchases in an amount not to exceed $40,000 and authorize City Manager to execute any related agreements for same funds are available in the Equipment Replacement Fund. H. REQUEST FOR APPROVAL of Payment to Superion, LLC, for Annual Computer Software Maintenance in the Amount of $70, By Minute Motion, approve payment to Superion, LLC, in the amount of $70, to provide computer software maintenance for one year funds are available in Account No

6 I. REQUEST FOR APPROVAL of a One-Year Extension to Contract with Desert Air Conditioning, Inc., for Quarterly Maintenance Service to the HVAC Units at the Parkview Office Complex in the Amount of $9,744 (Contract No. C34071). By Minute Motion, approve/authorize: 1) A one-year extension for Contract No. C34070 with Desert Air Conditioning, Inc., Palm Springs, California, for quarterly maintenance service to HVAC units at the Parkview Office Complex in the amount of $9,744; 2) City Manager to execute said contract extension; 3) City Manager to approve a second contract extension in Fiscal Year , including any price modifications, should staff recommend it funds are available in General Government CAM #444, Account No this is an annual contract with quarterly payments. J. REQUEST FOR APPROVAL of Amendment No. 3 to Contract with Melissa Morgan Fine Art and Artist Steve Tobin to Extend the Loan Period for Temporary Exhibition of Steve Tobin s Sculpture Large Steel Root (Contract No. C32400). By Minute Motion, approve/authorize: 1) Amendment No. 3 to subject contract with Melissa Morgan Fine Art and Artist Steve Tobin to extend temporary exhibition of Large Steel Root currently installed in the Civic Center; 2) staff to finalize negotiations of subject contract with Melissa Morgan Fine Art and Steve Tobin, and the Mayor to execute same, subject to satisfaction of the City Attorney no funds are required for this Amendment. XIII. CONSENT ITEMS HELD OVER 6

7 XIV. RESOLUTIONS A. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING SELECTION CRITERIA TO BE USED DURING THE REVIEW OF CONDITIONAL USE PERMITS FOR COMMERCIAL CANNABIS BUSINESSES (Relative to Case No. ZOA ). Waive further reading and adopt. XV. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION , CHAPTERS AND 25.18, TO ALLOW COMMERCIAL CANNABIS OPERATIONS IN THE CITY, SUBJECT TO A CONDITIONAL USE PERMIT; AND ESTABLISHING CHAPTER COMMERCIAL CANNABIS REGULATORY PERMITS AND CHAPTER PERSONAL USE OF CANNABIS, Case No. ZOA (City of Palm Desert, Applicant). Waive further reading and adopt. 7

8 XVI. NEW BUSINESS A. REQUEST FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AND CITY OF PALM DESERT, AUTHORIZING PARTICIPATION IN AN ADA (AMERICANS WITH DISABILITIES ACT) ASSISTANCE PROGRAM IN THE AMOUNT OF $141,500 (CONTRACT NO. C36480). By Minute Motion, approve an MOU between the California Joint Powers Insurance Authority (CJPIA) and City of Palm Desert, authorizing participation in an ADA Assistance Program in the amount of $141,500 funds are available in General Services Account No XVII. CONTINUED BUSINESS None XVIII. OLD BUSINESS None ** 5:30 P.M. DINNER BREAK ** 8

9 XIX. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF ONE OF THE RECOMMENDATIONS REGARDING PROPOSED AMENDMENTS TO PALM DESERT MUNICIPAL CODE CHAPTER SHORT-TERM RENTALS - FOR ENFORCEMENT, OPERATIONAL STANDARDS, COMMUNICATION, AND DENSITY REQUIREMENTS FOR SHORT-TERM RENTALS WITHIN THE CITY OF PALM DESERT. 1) Waive further reading and pass to second reading either Option A or B (below) of Ordinance No. 1332, amending Palm Desert Municipal Code Chapter Short-Term Rentals (STRs): Ad Hoc Committee Recommendation (prior to commencing Public Hearing Process): a) Version One. Amending Chapter Short-Term Rentals to implement best practices in management and creating a buffer/separation of 500 feet within the Residential Single-Family (R-1) Zone and a buffer/separation of 300 feet within the Residential Mixed- Family (R-2) Zone. OR Staff-Amended Recommended Alternative (Post- Planning Commission Meeting): b) Version Two. Amending Chapter Short-Term Rentals to implement best practices in management and prohibit the issuance of new Short-Term Rental Permits within the R-1 and R-2 Zones, with all existing Short-Term Rental Permits being allowed to continue operating as long as they comply with Chapter AND 2) By Minute Motion, authorize/direct: a) City Manager to develop an appropriate position and add one full-time employee to the Code Compliance Division for the purpose of enhanced monitoring and enforcement of Short-Term Rental Permits, with an estimated cost of up to $100,000 annually; b) staff to release a Request for Proposals (RFP) for operating a Short-Term Rental Hotline and performing other compliance activities; c) staff to calculate a permit fee based upon the all-inclusive cost of administering a Short- Term Rental Compliance Program and return to City Council at a later date with enabling resolution for fee adoption. 9

10 XX. ADJOURNMENT FUTURE MEETINGS: October 31, :00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room November 6, :30 p.m. Oversight Board - CANCELED - 6:00 p.m. Youth Committee Administrative Conference Room November 7, :30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber November 8, :00 a.m. Art In Public Places Commission Development Services Conference Room 3:30 p.m. Housing Commission -Adjourning to November 15-3:30 p.m. Public Safety Commission Administrative Conference Room November 9, :00 p.m. Reg. City Council/Successor-RDA Mtgs. -Adjourning to November 16- November 14, :00 p.m. Architectural Review Commission Development Services Conference Room November 15, :00 p.m. Library Promotion Committee Administrative Conference Room 3:30 p.m. Adj. Reg. Housing Commission Meeting North Wing Conference Room November 16, :00 p.m. Adj. Reg. City Council/Successor-RDA 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 prior to the meeting. Dated this 19th day of October, Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. Rachelle D. Klassen, City Clerk 10