REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 25, 2014 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 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 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 Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) WNRA Palm Desert 103, LP, v. City of Palm Desert, et al., Riverside County Superior Court, Case No. PSC 1400549 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.
VI. VII. VIII. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilmember Jan C. Harnik INVOCATION - Councilmember Jean M. Benson 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, telephone (760) 346-0611. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 2014 AS ADULT LITERACY AWARENESS MONTH IN THE CITY OF PALM DESERT. B. PRESENTATION OF PROCLAMATION DECLARING SATURDAY, SEPTEMBER 27, 2014, AS 21 ST NATIONAL PUBLIC LANDS DAY IN THE CITY OF PALM DESERT. C. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF OCTOBER 2014 AS FIRE PREVENTION AND MINI-MUSTER MONTH IN THE CITY OF PALM DESERT. 2
D. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF OCTOBER 5-11, 2014, AS FIRE PREVENTION WEEK IN THE CITY OF PALM DESERT. 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 11, 2014. Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 42, 47, 48, 49, 50, 51, 56, 59, 60, 65, 67, 68, 72, 73, and 76. Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of May 2014 (Joint Consideration with the Successor Agency to the Palm Desert Redevelopment Agency). D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Audit, Investment & Finance Committee Meeting of May 27, 2014. 2. Youth Committee Meeting of June 2, 2014. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Starbucks #6529, 73520 El Paseo, #1A, Palm Desert. 3
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Taqueria Sinaloense, 73850 Highway 111, Suite G, Palm Desert. G. REQUEST FOR APPROVAL of the Continuation of Professional Services Agreement with Vacation Rental Compliance for Identifying and Bringing into Compliance Homeowners Not Currently Complying with Palm Desert Municipal Code Section Nos. 3.28.020 - Transient Occupancy Tax and 5.10 - Short-term Rentals (Contract No. C32282). 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 AUTHORIZATION to Purchase 30 New/Replacement Computer Workstations for City Staff in an Amount Not to Exceed $48,000. By Minute Motion: 1) Approve the purchase of 30 new/replacement computer workstations in an amount not to exceed $48,000; 2) appropriate $48,000 from Unobligated Equipment Replacement Reserve for this purpose. I. CONSIDERATION of the Legislative Review Committee s Recommendation to Provide Letters of Support and Opposition for Proposed State and Federal Legislation. By Minute Motion: 1) Approve the recommended letters of support for: a) AB 380 (Dickinson) - Transport of Hazardous Materials; b) SB 1129 (Steinberg) - Redevelopment Agencies Dissolution; 2) approve the recommended letters of opposition for: a) FCC Title II Regulations Concerning the Internet; b) AB 2188 (Muratsuchi) - Permitting Process for Rooftop Solar Systems. XI. CONSENT ITEMS HELD OVER 4
XII. RESOLUTIONS A. RESOLUTION NO. 2014-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESTATING THE CITY OF PALM DESERT I.R.S. SECTION 125 FLEXIBLE BENEFITS PLAN. Waive further reading and adopt. XIII. ORDINANCES A. For Introduction: None B. For Adoption: None XIV. NEW BUSINESS A. REQUEST FOR INITIATION OF PROCEEDINGS FOR THE UNDERGROUNDING OF UTILITIES IN PALM DESERT TAMARISK AND ADJACENT PROPERTIES DISTRICT (DISTRICT NO. 12), AND TAKING CERTAIN RELATED ACTIONS. Waive further reading and adopt Resolution No. 2014-81, initiating proceedings for the undergrounding of overhead electric and communication utility facilities to underground facilities in the Tamarisk and Adjacent Properties Utility Undergrounding District (District No. 12) pursuant to the provisions of Chapter 12.12 of the Code of the City of Palm Desert, California, and the Municipal Improvement Act of 1913. 5
B. REQUEST FOR APPROVAL OF AN AGREEMENT WITH WILLDAN FINANCIAL SERVICES IN AN AMOUNT NOT TO EXCEED $36,600 FOR ASSESSMENT ENGINEERING AND OTHER SERVICES RELATED TO THE PROPOSED TAMARISK UTILITIES UNDERGROUNDING ASSESSMENT DISTRICT (DISTRICT NO. 12) (CONTRACT NO. C33910). By Minute Motion, authorize the City Manager to enter into the subject Agreement with Willdan Financial Services in an amount not to exceed $36,600 for assessment engineering and other services related to the proposed Tamarisk Utilities Undergrounding Assessment District (District No. 12) funds are available in Account No. 400-4256-464-4001 for this purpose. C. REQUEST FOR AUTHORIZATION TO UTILIZE FRAZER, LTD., HOUSTON, TEXAS, TO REFURBISH AND REMOUNT PALM DESERT MEDIC UNIT NO. 267 IN AN AMOUNT NOT TO EXCEED $119,000. By Minute Motion: 1) Approve the refurbishing and remounting of Palm Desert Medic Unit No. 267 by Frazer, Ltd., Houston, Texas, as a sole-source vendor, in an amount not to exceed $119,000. 2) Appropriate $119,000 from the Unobligated Equipment Replacement Fund to Account No. 530-4195-415-4030 for the refurbishing and remounting of Palm Desert Medic Unit No. 267 by Frazer, Ltd. 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. 267 funds are available in the current Unobligated Equipment Replacement Fund for this purpose. 6
D. CONSIDERATION OF THE APPOINTMENT OF A CITY COUNCILMEMBER AS LIAISON TO THE DESERT WILLOW PRESIDENT S COMMITTEE. By Minute Motion, appoint one (1) Councilmember to serve as a liaison to the Desert Willow President s Committee. XV. CONTINUED BUSINESS A. CONSIDERATION OF GUIDELINES FOR IMPLEMENTATION OF THE COOPERATIVE LANDSCAPE WATER MANAGEMENT PROGRAM ( TURF BUYBACK PROGRAM ) IN CONJUNCTION WITH THE COACHELLA VALLEY WATER DISTRICT (CVWD) (Continued from the meeting of September 11, 2014). Verbal report and discussion to occur at the meeting. XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager Meeting Summaries for the Period of September 1-12, 2014. B. CITY ATTORNEY C. CITY CLERK 7
D. PUBLIC SAFETY 1. Fire Department 2. Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. City Council Requests for 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 FUTURE MEETINGS: September 30, 2014 10:00 a.m. Cultural Resources Preservation Cmte. - CANCELED - October 6, 2014 1:30 p.m. Oversight Board - ADJOURNED to October 14-6:00 p.m. Youth Committee Administrative Conference Room October 7, 2014 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber October 8, 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 October 9, 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 not less than 72 hours prior to the meeting. Dated this 19th day of September, 2014. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. 8
Rachelle D. Klassen, City Clerk 9