REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 15, 2018 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 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 Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) Four Green Gold, LLC, et al., v. City of Palm Desert, Riverside County Superior Court Case No. PSC 1806472 B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 C. Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title of Position: City Manager
V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. VI. VII. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Honorary Mayor For the Day Maximilian Karcher INVOCATION - Mayor 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., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611. VIII. AWARDS AND PRESENTATIONS A. PRESENTATION OF PROCLAMATION TO RECOGNIZE AND HONOR WORSHIPPERS AND THOSE LOST AT THE TREE OF LIFE SYNAGOGUE IN PITTSBURGH, PENNSYLVANIA, ON OCTOBER 27, 2018. B. PRESENTATION OF PROCLAMATION TO DECLARE THURSDAY, NOVEMBER 15, 2018, AS MAXIMILIAN KARCHER DAY IN THE CITY OF PALM DESERT. C. PRESENTATION TO RECOGNIZE DOUGLAS BREWER FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS ARCHITECTURAL REVIEW COMMISSION, 2017-2018 (Continued from the meeting of October 11, 2018). D. PRESENTATION TO RECOGNIZE STAN SPERLING FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS AUDIT, INVESTMENT & FINANCE COMMITTEE, 2013-2018. 2
E. PRESENTATION OF PROCLAMATION DECLARING NOVEMBER 24, 2018, AS SMALL BUSINESS SATURDAY IN THE CITY OF PALM DESERT. 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 Meeting Summaries Report for the Period of October 15 - November 4, 2018. Receive and file. E. Mayor Sabby Jonathan Committee Reports and General Comments. 3
F. City Council Requests for Action. G. City Council Consideration of Travel Requests/Reports. XI. STAFF REPORTS AND REMARKS A. City Manager 1. City Manager s Meeting Summaries Report for the Period of October 15 - November 2, 2018. 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 25, 2018. Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Dated 10/19/2018. Approve as presented. 4
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 10/19/2018 and 10/26/2018 (Joint Consideration with the Palm Desert Housing Authority). Approve as presented. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sullivan s Steakhouse, 73545 El Paseo, #F2600, Palm Desert. Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES 1. Citizens Sustainability Committee Meeting of March 19, 2018. 2. Cultural Resources Preservation Committee Meeting of September 25, 2018. Receive and file. F. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal Miscellaneous Computers, Electronics, and Office Equipment. By Minute Motion, declare items listed on the accompanying staff report s Exhibit A as surplus property and authorize disposal as appropriate. G. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal Miscellaneous Office Furniture and Art. By Minute Motion, declare various pieces of office furniture and art as surplus and authorize disposal as recommended. H. REQUEST FOR APPROVAL of a $50,000 Increase to Contract with Willdan Engineering, Inc., for Temporary Building Inspection Services (Contract No. C36191B). By Minute Motion, authorize an additional, not-to-exceed increase in the amount of $50,000 to the subject Professional Services Agreement with Willdan Engineering, Inc., for the remainder of Fiscal Year 2018-2019 funds will be available in FY 2018-2019 Budget in Account No. 1104420-4301000. 5
I. REQUEST FOR AWARD OF CONTRACT to Elecnor Belco Electric, Inc., in the Amount of $81,608 for the Street Light Conduit Installation Project (Contract No.C37290, Project No. 599-17). By Minute Motion: 1) Award subject contract in the amount of $81,608 to Elecnor Belco Electric, Inc., Chino, California, for the Street Light Conduit Installation Project; 2) authorize the Director of Finance to set aside a 10% contingency for the project in the amount of $8,161; 3) authorize the Mayor to execute said agreement funds for the project are available in the Capital Project Reserve Fund 400. J. REQUEST FOR APPROVAL of Final Parcel Map No. 37491 (Palm Ventures PA-1, LLC, Applicant). Waive further reading and adopt Resolution No. 2018-82, approving the final Subdivision Map of Parcel Map No. 37491. K. REQUEST FOR APPROVAL of the Hotel Paseo s 2018 Airstream Palooza Event on Saturday, December 1 (Robert A. Leach, Applicant). By Minute Motion, approve: 1) Hotel Paseo s Airstream Palooza Event scheduled for Saturday, December 1, 2018; 2) road closure on Larkspur Lane from Shadow Mountain Drive to the north driveway of Hotel Paseo; 3) consumption of alcoholic beverages on City-owned property pursuant to Palm Desert Municipal Code Section 9.58.040. XIII. CONSENT ITEMS HELD OVER XIV. RESOLUTIONS A. RESOLUTION NO. 2018-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974. Waive further reading and adopt. 6
XV. ORDINANCES A. For Introduction: None B. For Adoption: 1. ORDINANCE NO. 1342 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 3.44 OF THE PALM DESERT MUNICIPAL CODE PERTAINING TO THE COLLECTION OF TRANSPORTATION UNIFORM MITIGATION FEES (TUMF). Waive further reading and adopt. XVI. NEW BUSINESS A. REQUEST FOR APPOINTMENT OF PAUL HIETTER TO THE BOARD OF DIRECTORS OF THE EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT. By Minute Motion, appoint Paul Hietter, Marketing Office Manager at Saks Fifth Avenue Palm Desert, to the Board of Directors for the El Paseo Parking and Business Improvement District for a term ending December 31, 2021. B. REQUEST FOR APPROVAL OF ACTIONS RELATED TO MEMBERSHIP ON THE CITY S MARKETING COMMITTEE. 1) By Minute Motion, accept the resignations of Theresa Maggio, Arlene Amick, and Barb Wagner; and recognize the technical resignation of Jerry Martin from the Marketing Committee. 2) Waive further reading and adopt Resolution No. 2018-84, amending the bylaws of the Marketing Committee to decrease the number of members to seven (7). 7
C. REQUEST FOR AUTHORIZATION TO PURCHASE AND UTILIZE THREE (3) AUTOMATED LICENSE PLATE READING (ALPR) SYSTEMS FROM VIGILANT SOLUTIONS IN THE AMOUNT OF $52,053 FOR USE BY THE PALM DESERT POLICE DEPARTMENT. By Minute Motion: 1) Authorize the purchase and use of three (3) Automated License Plate Reader (ALPR) systems in the amount of $52,053 from Vigilant Solutions, Livermore, California, for installation on marked Palm Desert Police vehicles and use within the City s jurisdictional boundaries; 2) authorize the City Manager to execute any related contract documents (Contract No. C37840); 3) declare the three previous ALPR units as surplus to be traded in to Vigilant Solutions for a reduced cost on the purchase of three (3) new ALPR units; 4) authorize the use of Riverside County s vendor, Vigilant Solutions under Palm Desert Municipal Code Section 3.30.160(I) - Best Interest of the City; 5) appropriate $52,053 from Unobligated Fund 229 to Account No. 2294210-4391400 for this purpose. D. REQUEST FOR ACCEPTANCE OF THE CITY S CITIZENS OPTION FOR PUBLIC SAFETY/SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (COPS/SLESF) EXPENDITURE PLAN AND FUNDING FOR FISCAL YEAR 2018-2019. By Minute Motion: 1) Approve the Citizens Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) Program Expenditure Plan, as provided by the Chief of Police; 2) accept the FY 2018-2019 COPS/SLESF funding, resulting in an unencumbered balance of $130,740 (as of 10/31/18). E. REQUEST FOR AUTHORIZATION OF THE PURCHASE OF A WATER TRUCK FROM TRANSWEST TRUCK CENTER IN THE AMOUNT OF $112,073.75. By Minute Motion, authorize the purchase of a water truck from Transwest Truck Center, Fontana, California, in the amount of $112,073.75 funds are available in Account No. 5304195-4404000 - Equipment Replacement. 8
F. REQUEST FOR DIRECTION IN THE IMPLEMENTATION OF A WOUNDED WARRIOR RECOGNITION PARKING PROGRAM. By Minute Motion, direct staff to prepare a resolution incorporating the Wounded Warrior Recognition Parking Program. G. REQUEST FOR AUTHORIZATION TO DEVELOP AN EXCLUSIVE NEGOTIATING AGREEMENT FOR THE SALE AND DEVELOPMENT OF THE CITY-OWNED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SAN PABLO AVENUE AND FRED WARING DRIVE (CONTRACT NO. C37850). By Minute Motion, authorize staff to develop an Exclusive Negotiating Agreement (ENA) with Desert Rock Development for the sale and development of the City-owned property located at the southeast corner of San Pablo Avenue and Fred Waring Drive, and return to the City Council for approval of same. H. INFORMATIONAL REPORT AND REQUEST FOR DIRECTION RELATED TO AMENDING THE EL PASEO OVERLAY DISTRICT AND THE ONE ELEVEN DEVELOPMENT CODE REGARDING ALLOWABLE AND NON-ALLOWABLE LAND USES. By Minute Motion: 1) Receive and file an informational report related to Palm Desert Municipal Code (PDMC) Section 25.28.040 - El Paseo Overlay District (EPOD) and the One Eleven Development Code (OEDC); 2) provide direction to staff related to a potential Zoning Ordinance Amendment to PDMC Sections 25.28.040 - EPOD and 25.18.040 - Land Use and Permit Requirements within the OEDC. 9
I. REQUEST FOR RATIFICATION OF THE CITY MANAGER S APPROVAL OF EXTRA WORK WITH IDEAPEDDLER, LLC, FOR THE CITY S MARKETING PROGRAM FISCAL YEAR 2018-2019 AND FOR AUTHORIZATION OF FURTHER ADDITIONAL WORK THEREON (CONTRACT NO. C37180). By Minute Motion: 1) Ratify the City Manager s approval of extra work for Ideapeddler, LLC, Austin, Texas, in the amount of $62,600; 2) authorize an additional $77,402.42 to be used at the City Manager s discretion for extra work that may arise during the year, as defined and provided for in said contract with Ideapeddler, LLC. XVII. CONTINUED BUSINESS None XVIII. OLD BUSINESS None XIX. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF HISTORIC LANDMARK DESIGNATION FOR 47869 SUN CORRAL TRAIL, Case No. CPRC 18-01 (Gary Bindman, Applicant). 1) Conduct a public hearing to accept public testimony supporting or opposing the subject case. 2) Waive further reading and adopt Resolution No. 2018-85, reaffirming the action of the Cultural Resources Preservation Committee, designating 47869 Sun Corral Trail with Historic Landmark Designation, in accordance with Section 29.40.010 of the Palm Desert Municipal Code. 10
B. CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION RESOLUTION NO. 2738, APPROVING A CONDITIONAL USE PERMIT (CUP) AND CANNABIS REGULATORY PERMIT FOR A 10,820 SQUARE-FOOT CANNABIS MANUFACTURING AND DISTRIBUTION BUSINESS FOR P & S VENTURES, LLC, LOCATED AT 77700 ENFIELD LANE, Case No. CUP 17-0030 (P & S Ventures, LLC, Applicant/Saint Mary Magdalene Coptic Orthodox Church, Appellant). 1) Conduct a public hearing to accept public testimony in support or opposition to the subject case. 2) Waive further reading and adopt Resolution No. 2018-86, denying the appeal filed by Saint Mary Magdalene Coptic Orthodox Church and upholding Planning Commission Resolution No. 2738. C. REQUEST FOR APPROVAL OF A CHANGE OF ZONE, PRECISE PLAN OF DESIGN, AND TENTATIVE PARCEL MAP 37512 TO CONSTRUCT A SENIOR LIVING PROJECT OF 164 UNITS, INCLUDING A CLUBHOUSE BUILDING, LOCATED AT 74300 COUNTRY CLUB DRIVE; AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), Case Nos. CZ 18-0002/PP 18-0003/TPM 37512 (The Wolff Company, Applicant). 1) Conduct a public hearing to accept public testimony in support or opposition to the subject cases. 2) Waive further reading and: a) Pass to second reading Ordinance No. 1343, approving Change of Zone 18-0002. b) Adopt Resolution No. 2018-87, approving a senior living project of 164 units, including a clubhouse building, and adoption of a Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA), subject to the conditions of approval. XX. ADJOURNMENT 11
FUTURE MEETINGS: November 20, 2018 6:00 p.m. Planning Commission Civic Center Council Chamber November 21, 2018 3:00 p.m. Library Promotion Committee -CANCELED- November 22, 2018 3:00 p.m. Reg. City Council/Successor-RDA Mtgs. -CANCELED- Thanksgiving Holiday November 27, 2018 9:00 a.m. Cultural Resources Preservation Cmte. Administrative Conference Room 10:00 a.m. Audit, Investment & Finance Committee North Wing Conference Room 12:30 p.m. Architectural Review Commission Development Services Conference Room December 4, 2018 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 3:00 p.m. Marketing Committee Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber December 5, 2018 4:00 p.m. Hotel & Signature Events Committee North Wing Conference Room December 10, 2018 6:00 p.m. Youth Committee Administrative Conference Room December 11, 2018 12:30 p.m. Architectural Review Commission Development Services Conference Room December 12, 2018 9:00 a.m. Art In Public Places Commission Development Services Conference Room 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room December 13, 2018 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 8th day of November, 2018. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting. Rachelle D. Klassen, City Clerk 12