POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 12, 2018 CIVIC CENTER COUNCIL CHAMBER

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1 REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 12, 2018 CIVIC CENTER COUNCIL CHAMBER FRED WARING DRIVE, PALM DESERT, CA I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) Any person wishing to discuss any Closed Session business that is within the subject matter jurisdiction 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 : 1) Property: NWC Highway 111/San Pablo Avenue (APNs , -015, -016, and -019) Negotiating Parties: Agency: Lauri Aylaian/Martin Alvarez/City of Palm Desert Property Owner: Village Complex LTD Partnership Under Negotiation: x Price x Terms of Payment

2 2) Property: Desert Willow Mountainview Golf Course Hole No. 16 (APN ) Negotiating Parties: Agency: Lauri Aylaian/Martin Alvarez/City of Palm Desert Property Owner: City of Palm Desert 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 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 - Mayor Sabby Jonathan VII. INVOCATION - Councilmember Jan C. Harnik 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 RECOGNIZE J. WADE TUCKER FOR HIS SERVICE TO THE CITY OF PALM DESERT, PALM DESERT HOUSING AUTHORITY, AND THE HOUSING COMMISSION,

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, Successor Agency to the Palm Desert Redevelopment Agency, or Palm Desert Housing Authority 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, Successor Agency, or Housing Authority. Because the Brown Act does not allow the City Council, Successor Agency, or Housing Authority 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. X. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY A. Councilmember Jan C. Harnik Committee Reports and General Comments. B. Councilmember Kathleen Kelly Committee Reports and General Comments. C. Councilmember Gina Nestande Committee Reports and General Comments. D. Mayor Pro Tem Susan Marie Weber Biweekly Meeting Summaries Report. Receive and file. E. Mayor Sabby Jonathan 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 June 18-29, Receive and file. 2. Request for Appointment of Two (2) City Councilmembers for the Ad Hoc Economic Development Subcommittee - Palm Desert ihub. Appoint two (2) City Councilmembers to serve on the Ad Hoc Economic Development Subcommittee for the current Palm Desert ihub project. 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 June 28, Approve as presented. 4

5 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 6/15/2018 and 6/22/2018. Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrant Dated 6/22/2018 (Joint Consideration with the Palm Desert Housing Authority). Approve as presented. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bouchee Café & Deli, Highway 111, Suite No. B1, Palm Desert. Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Vine Wine Bar, Country Club Drive, Suite No. 103, Palm Desert. Receive and file. F. REQUEST FOR AUTHORIZATION to Apply for and Accept from the California Governor s Office of Emergency Services, Upon Grant Award, the 2018 Emergency Management Performance Grant (EMPG) in the Amount of $14,238. By Minute Motion, authorize: 1) Upon notification of the grant award, acceptance of the FY 2018 Emergency Management Performance Grant (EMPG) through the California Governor s Office of Emergency Services (OES) in the amount of $14,238; 2) ratification of the City Manager s approval and submission of the EMPG Grant Application; 3) City Manager to execute the 2018 EMPG Application and all subsequent grant documentation. G. REQUEST FOR APPROVAL of the Use of Specific Automotive Facilities for Supplemental General Fleet Repairs in an Amount Not to Exceed $60,000 in Total from Palms to Pines Automotive and Ozzie s International Tire & Auto, Inc., During Fiscal Year By Minute Motion: 1) Grant an exception to the bidding requirements, as provided for by Chapter 3.30 of the Palm Desert Municipal Code, during FY ; 2) approve use of specific automotive facilities for supplemental general fleet repairs in an amount not to exceed $60,000 in total from Palms to Pines Automotive and Ozzie s International Tire & Auto, Inc. funds are available in General Fund Account No R/M Fleet. 5

6 H. REQUEST FOR APPROVAL of a Human Resources and Risk Management Vendors List for Authorized Vendors and Service Providers in Fiscal Year By Minute Motion, approve/authorize: 1) Vendors on the Human Resources and Risk Management Authorized Vendors and Service Providers List for FY ; 2) exception to purchasing requirements as provided by Sections (C & D) of the Palm Desert Municipal Code for FY I. REQUEST FOR APPROVAL of Designated Vendors for Temporary and Contract Staffing Services Not to Exceed an Aggregate of $100,000 for Fiscal Year ; Office Team for the Purpose of Payroll Processing for FY Student Interns; and Ratification of a $25,000 Increase to the Fiscal Year Office Team Purchase Order, No. P By Minute Motion: 1) Approve and authorize staff to use the designated vendors list for temporary and contract staffing services not to exceed an aggregate of $100,000 for FY ; 2) authorize use of Office Team for the purpose of FY payroll processing for the Student Interns Program in an amount not to exceed $20,000; 3) ratify an increase in Office Team Purchase Order No. P FY for an additional $25,000 funds are available in the respective Fiscal Year Budgets. J. REQUEST FOR APPROVAL of an Authorized Public Safety Vendors List for Related Equipment Repairs, Equipment Purchases, and Specialty Services Utilized by the Palm Desert Police and Fire Departments in Fiscal Year By Minute Motion, approve/authorize: 1) Staff to use vendors on the Palm Desert Public Safety Vendors List for FY ; 2) exception to purchasing requirements as provided by Section (C)(D) and (H) of the Palm Desert Municipal Code for FY K. REQUEST FOR AUTHORIZATION to Purchase and Utilize Two Mobile Camera Recording Systems for Use by the City of Palm Desert Police Department. By Minute Motion, authorize the purchase and use of two mobile camera systems by the City of Palm Desert Police Department, to be placed within the City s jurisdictional boundaries based on operational need cost of $27,000 is available from existing CalCOPS funds. 6

7 L. REQUEST FOR APPROVAL of a Purchase Order Issued to BMW Motorcycle of Riverside in an Amount Not to Exceed $70,000 for Motorcycle Maintenance in Fiscal Year By Minute Motion, approve a purchase order to BMW Motorcycle of Riverside in an amount not to exceed $70,000 for FY and as provided for by Section (L) of the Palm Desert Municipal Code. M. REQUEST FOR AUTHORIZATION for the Desert Willow Golf Resort to Purchase Irrigation Controllers from High Tech Irrigation, Inc., During Fiscal Year in the Amount of $178, (Project No ). By Minute Motion, authorize Desert Willow Golf Resort to purchase irrigation controllers from High Tech Irrigation, Inc., Indio, California, during FY in the amount of $178, funds are available in Account No Course and Grounds Expenses. N. REQUEST FOR RATIFICATION of City Manager s Approval of Amendment No. 1 to Contract with HR Green, Inc., Extending the Term from June 30, 2018, to July 31, 2018, for Provision of Services in the Form of an Interim Director of Public Works (Contract No. C36630). By Minute Motion, ratify the City Manager s approval of Amendment No. 1 to subject contract with HR Green, Inc., extending the term from June 30, 2018, to July 31, 2018, for the provision of services in the form of an Interim Director of Public Works. O. REQUEST FOR AUTHORIZATION to Release a Portion of Grading Bonds for the Villa Portofino Project, Tract 36404, Lot 1 (RCS-Villa Portofino 211, LLC, Applicant). By Minute Motion, release a portion of the grading bonds for the Villa Portofino Project in the amount of $94, for Faithful Performance and $47, for Labor and Materials, bringing the total amount held by the Public Works Department to $80, for Faithful Performance and $40, for Labor and Materials - Tract 36404, Lot 1. 7

8 P. REQUEST FOR AUTHORIZATION to Release Maintenance Bond for Offsite Improvements for Tract Map at The Retreat (Portola PD, LLC, Applicant). By Minute Motion, authorize release of maintenance bond in the amount of $77, for offsite improvements for Tract Map at The Retreat. Q. REQUEST FOR AUTHORIZATION to Select the 100% Carbon-Free Option for the City s Electricity Consumption Upon Commencement of the Desert Community Energy Community Choice Aggregation Program. By Minute Motion, upon commencement of the Desert Community Energy Community Choice Aggregation Program, select the 100% Carbon-Free Option for the City s electricity consumption. XIII. CONSENT ITEMS HELD OVER XIV. RESOLUTIONS A. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING AND DIRECTING SURPLUS FUNDS OF CITY OF PALM DESERT ASSESSMENT DISTRICT NOS. 81-1, 83-1, 84-1, 87-1, 92-1, 94-1 AND 94-2 TO BE USED FOR MAINTENANCE OF FINANCED IMPROVEMENTS. Waive further reading and adopt. XV. ORDINANCES A. For Introduction: None B. For Adoption: None 8

9 XVI. NEW BUSINESS A. CONSIDERATION OF THE ADOPTION OF A NOTICE OF DETERMINATION (NOD) IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE CERTIFIED CV LINK ENVIRONMENTAL IMPACT REPORT DATED MAY 15, 2017, AND TAKING ACTIONS RELATED TO THE DESIGN AND IMPLEMENTATION OF THE CV LINK PROJECT. 1) Waive further reading and adopt Resolution No , adopting a Notice of Determination in accordance with the California Environmental Quality Act (CEQA) for the CV Link Environmental Impact Report (EIR) as approved by the Coachella Valley Association of Governments (CVAG) Executive Committee dated May 15, ) By Minute Motion: a) Provide direction to staff on the following: i) Proceed with CV Link implementation as originally contemplated in the Certified EIR dated May 15, OR ii) Direct staff to prepare an addendum to the Certified EIR to proceed with the enhanced CV Link designs presented with plans dated March 13, b) Direct staff to prepare a General Plan Amendment (GPA) to Figure 4.2 (Proposed Bicycle & Golf Cart Network), amending Painters Path from the status of Golf Carts Permitted to Class 3-Shared Roadway. c) Authorize the City Manager to submit applications for grant funding related to either the CV Link or San Pablo Projects. 9

10 B. REQUEST FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT AND THE CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN THE AFTER SCHOOL PROGRAM AT LINCOLN ELEMENTARY SCHOOL (CONTRACT NO. C37240). By Minute Motion, authorize the Mayor to execute subject MOU between Desert Sands Unified School District (DSUSD) and City of Palm Desert relative to the Lincoln Elementary School After School Program funding in the amount of $75,000 was included within the FY Budget, Account No , and upon annual review and funding approval, agreement would remain in effect through June 30, C. REQUEST FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT, PALM DESERT CHARTER MIDDLE SCHOOL, AND THE CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN THE AFTER SCHOOL PROGRAM AT PALM DESERT CHARTER MIDDLE SCHOOL (CONTRACT NO. C37250). By Minute Motion, authorize the Mayor to execute subject MOU between Desert Sands Unified School District (DSUSD), Palm Desert Charter Middle School (PDCMS), and City of Palm Desert relative to the Palm Desert Charter Middle School After School Program funding in the amount of $75,000 was included within the FY Budget, Account No , and upon annual review and funding approval, agreement would remain in effect through June 30, D. REQUEST FOR AWARD OF CONTRACT TO CLUB CAR, LLC, FOR THE LEASE OF GOLF CARTS AND UTILITY CARTS AT DESERT WILLOW GOLF RESORT IN AN AMOUNT NOT TO EXCEED $933, (CONTRACT NO. C37260). By Minute Motion, award/authorize: 1) Subject contract in an amount not to exceed $933, to Club Car, LLC, for a four-year lease of golf carts and utility carts at the Desert Willow Golf Resort; 2) Mayor to execute said contract; 3) such minor modifications as may be necessary and made by the City Attorney and City Manager to effectuate the transaction. 10

11 XVII. CONTINUED BUSINESS None XVIII. OLD BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTION, CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE BALLOT FOR THE NOVEMBER 6, 2018, GENERAL MUNICIPAL ELECTION FOR SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE ESTABLISHING A TAX ON CANNABIS BUSINESSES OPERATING WITHIN THE CITY OF PALM DESERT. 1) Waive further reading and: a) Adopt Resolution No , calling for the placement of a General Tax Measure on the ballot for the November 6, 2018, General Municipal Election for submission to the qualified voters of a proposed ordinance establishing a tax on cannabis businesses operating within the City of Palm Desert. b) Pass amended Ordinance No to second reading, adding Chapter 3.50 to Title 3 - Revenue and Finance - to the Palm Desert Municipal Code, establishing a tax on cannabis businesses operating within the City of Palm Desert (pending voter approval). 2) By Minute Motion, direct staff to return after the November 6, 2018, General Municipal Election with a resolution to determine the final starting rate for each tax category. 11

12 XIX. PUBLIC HEARINGS A. CONSIDERATION OF THE ADOPTION OF ORDINANCES, ESTABLISHING SECTION OF THE PALM DESERT MUNICIPAL CODE - OPEN SPACE/RESIDENTIAL OVERLAY DISTRICT - AND APPLY SAID OVERLAY DISTRICT TO THREE PARCELS OF LAND AS THEY RELATE TO THE PALM DESERT COUNTRY CLUB PROJECT (APNs , , AND ), AND ADOPT A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, Case No. ZOA (City of Palm Desert, Applicant). Waive further reading and pass to second reading: 1) Ordinance No. 1340, approving Zoning Ordinance Amendment to create Section Open Space/Residential Overlay District of the Palm Desert Zoning Ordinance and adopt a Notice of Exemption. 2) Ordinance No. 1341, approving Zoning Ordinance Amendment , applying the Open Space/Residential Overlay District to three parcels of land (APNs , , and ) as they relate to the Palm Desert Country Club Project. B. REQUEST FOR APPROVAL OF A RESOLUTION, IMPLEMENTING AN AUTOMATED LICENSE PLATE READER SYSTEM WITHIN THE CITY S JURISDICTIONAL BOUNDARIES. 1) Waive further reading and adopt Resolution No , approving implementation of an automated license plate reader system within the city s jurisdictional boundaries. 2) By Minute Motion, direct staff to prepare and approve any necessary amendments to the City s Agreement for Law Enforcement Services with County of Riverside (Contract No. C33630) related to this matter. XX. ADJOURNMENT 12

13 FUTURE MEETINGS: July 17, :00 p.m. Planning Commission Civic Center Council Chamber July 18, :00 p.m. Library Promotion Committee -CANCELED- July 24, :00 a.m. Audit, Investment & Finance Cmte. -CANCELED- 12:00 p.m. Architectural Review Commission Development Services Conference Room July 26, :00 p.m. Reg. City Council/Successor-RDA Mtgs. -CANCELED- Summer Schedule July 31, :00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room August 1, :00 p.m. Hotel & Signature Events Committee North Wing Conference Room August 7, :30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber August 8, :00 a.m. Art In Public Places Commission -CANCELED- 3:30 p.m. Housing Commission -CANCELED- 3:30 p.m. Public Safety Commission Administrative Conference Room August 9, :00 p.m. Reg. City Council/Successor-RDA Mtgs. -CANCELED- Summer Schedule August 13, :00 p.m. Youth Committee -CANCELED- Summer Schedule August 14, :00 p.m. Architectural Review Commission Development Services Conference Room August 15, :00 p.m. Library Promotion Committee -CANCELED- August 21, :00 p.m. Planning Commission Civic Center Council Chamber August 23, :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 prior to the meeting. Dated this 5th day of July, Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. 13 Rachelle D. Klassen, City Clerk