HomeMy WebLinkAbout00 08-26-2021 AgendaCITY OF PALM DESERT
REGULAR
PALM DESERT CITY COUNCIL (CC),
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA),
AND HOUSING AUTHORITY (HA) MEETING.
(VIRTUAL MEETING)
AGENDA
THURSDAY, AUGUST 26, 2021
2:00 p.m. Study Session
3:00 p.m. Closed Session
4:00 p.m. Regular Session
Note: Pursuant to Executive Order N-29-20, this meeting may be conducted by teleconference
and there will be no in -person public access to the meeting location.
City Council Meetings are live -streamed. You can access and view through the City's website:
www.citvofpalmdesert.orct under the Council Agenda link at the top of the homepage.
THREE OPTIONS FOR PARTICIPATING IN THE MEETING
Option 1 - To Participate by email: See detailed instructions on the last page.
Option 2 - To Participate using your internet: See detailed instructions on the last page.
Option 3 - To Participate using your telephone: See detailed instructions on the last page.
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
CALL TO ORDER — 3:00 P.M.
AUGUST 26, 2021
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: Any person wishing to discuss
any Closed Session business that is within the subject matter may participate utilizing one of
the three options listed on the back page of this agenda.
ADJOURN TO CLOSED SESSION:
A. Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
1) (City Council)
Property: 72559 Highway 111, Palm Desert (APN 640-370-015)
Agency Negotiator: Todd Hileman/Wayne Olson
Other Party Negotiator: iHub Radio
Property Owner: City of Palm Desert
2) (Successor Agency)
Property: 11.94-acre portion of APN 694-310-006 located along Gerald Ford
Drive
Agency Negotiator: Todd Hileman/Martin Alvarez
Other Party Negotiator: Pacific West Communities, Inc.
Property Owner: Successor Agency
3) (Successor Agency)
Property: 18.73-acre, Desert Willow Lot Pad C, located on Desert Willow
Drive, southeast of the Desert Willow Clubhouse (APNs 620-450-012,
013, and 014)
Agency Negotiator: Todd Hileman/Martin Alvarez
Other Party Negotiator: Family Development Group, Inc.
Property Owner: Successor Agency
4) (Successor Agency)
Property: Desert Willow Lot Pad A (16.86-acres), located on Desert Willow
Drive, northeast of the Desert Willow Clubhouse (APNs 620-400-025,
and 026)
Agency Negotiator: Todd Hileman/Martin Alvarez
Other Party Negotiator: City of Palm Desert
Property Owner: Successor Agency
5) (Successor Agency)
Property: 81-acre portion of the 128-acre site, located south of Gerald Ford
Drive, west of Portola Avenue (APN 694-310-002, and 003)
Agency Negotiator: Todd Hileman/Eric Ceja
Other Party Negotiator: Refuge Palm Desert, LLC
Property Owner: Successor Agency
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AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
AUGUST 26, 2021
B. Conference with Legal Counsel regarding significant exposure to litigation pursuant
to Government Code Section 54956.9(d)(2):
Potential cases: 2
C. Conference involving a Joint Powers Agency: SunLine Transit Agency JPA
Discussion will concern: Rendon v. Sunline
Name of local agency representative on Joint Powers Agency Board:
Mayor Kathleen Kelly
RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY
MEETING — 4:00 P.M.
a) Roll Call
b) Pledge of Allegiance to the Flag — Mayor Kathleen Kelly
c) Inspiration/Invocation — Councilmember Sabby Jonathan
REPORT ON ACTION FROM CLOSED SESSION
AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
NON -AGENDA PUBLIC COMMENTS — This is an opportunity for the public to speak on issues
that are not on the agenda for a maximum of three minutes. Speakers may utilize one of the
three options listed on the back page of this agenda.
Because the Brown Act does not allow the City Council, Successor Agency, and Housing
Authority Boards to take action on items not on the Agenda, members 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.
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AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
CONSENT CALENDAR
AUGUST 26, 2021
All matters listed on the Consent Calendar are considered to be routine and may be approved
by one (1) Minute Motion.
1. MINUTES of the regular City Council, Successor Agency, and Housing Authority
meeting of July 8, 2021.
Rec: Approve as presented.
2. APPROVE CLAIMS AND DEMANDS WARRANTS — City: 5/21/2021, 6/25/2021,
6/30/2021(2), 7/2/2021(2), 7/13/2021, 7/16/2021, 7/20/2021, and 7/23/2021;
Successor Agency: 6/25/2021, 7/9/2021, 7/23/2021, and 7/30/2021; City and Housing
Authority: 5/28/2021, 6/4/2021, 6/25/2021, 7/9/2021, 7/16/2021, and 7/30/2021(2).
Rec: Approve as presented.
3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Firefly, 72191 Highway
111, Palm Desert (CC).
Rec: Receive and file.
4. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Backstreet Bistro, 72820
El Paseo, Palm Desert (CC).
Rec: Receive and file.
5. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Alkobar Quick Stop & Deli,
42005 Cook Street, Suite 110, Palm Desert (CC).
Rec: Receive and file.
6. CITIZEN'S SUSTAINABILITY COMMITTEE MINUTES (aka Resource Preservation and
Enhancement Committee) for the meeting of April 19, 2021 (CC).
Rec: Receive and file.
7. RESOLUTION NO. 2021-53 - A resolution of the City Council of the City of Palm Desert,
California, setting forth its findings and authorizing the destruction of records that have
been digitally imaged from the Department of Development Services — Code
Compliance Division, to rely on the electronic record as the official record (Exhibit "A")
(CC).
Rec: Waive further reading and adopt.
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AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
AUGUST 26, 2021
8. RESOLUTION NO. 2021-54 - 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 Department of Development Services — Building &
Safety Division, to rely on the electronic record as the official record (Exhibit "A") (CC).
Rec: Waive further reading and adopt.
9. RESOLUTION NO. 2021-55 - 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 Department of Development Services — Public Art
Division to rely on the electronic record as the official record (Exhibit "A") (CC).
Rec: Waive further reading and adopt.
10. RESOLUTION NO. 2021-56 - A resolution of the City Council of the City of Palm Desert,
California, approving Master Agreement, Administering Agency — State Agreement for
State -Funded Projects, No. 08-5414S21, and approving and authorizing designated City
staff to accept, execute and endorse all Program Supplement Agreements, Fund
Exchange Agreements, and Fund Transfer Agreements to the Master Agreement,
Administering Agency -State Agreement for State Aid Projects, No. 08-5414S21
(Contract No. C41990) (CC).
Rec: Waive further reading and adopt.
11. REQUEST FOR AUTHORIZATION to contract with USA Shade & Fabric Structures to
design and install a shade structure at the Palm Desert Aquatic Center in the amount of
$143,267.45 (Contract No. C42010) (CC).
Rec: By Minute Motion: 1) Award contract to USA Shade & Fabric Structures to design
and install a shade structure at the Palm Desert Aquatic Center (PDAC) in the
amount of $143,267.45; 2) authorize the City Manager or designee to review and
approve change orders for the use of additional funds for unanticipated costs up
to a specified amount not to exceed $10,000.00, per Palm Desert Municipal Code
Section 3.30.170(A); and 3) authorize the Mayor to execute the Agreement —
funds are available in Account No. 2424549-4400100.
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AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
AUGUST 26, 2021
12. REQUEST FOR AUTHORIZATION for the City Manager to execute a contract with CPS
HR Consulting for a classification and compensation study in an amount not to exceed
$164,691.25 (Contract No. C42020) (CC).
Rec: By Minute Motion: 1) Authorize the City Manager to execute a contract with CPS
HR Consulting (CPS HR) for a classification and compensation study in an
amount not to exceed $164,691.25; 2) establish a finding that contracting with
CPS HR is in the best interest of the City and create an exception to the formal
procurement procedures under Section 3.30.160.1 of the Palm Desert Municipal
Code; and 3) appropriate $164,691.25 from the unobligated General Fund
reserve for a classification and compensation study.
13. REQUEST FOR AWARD OF CONTRACT to Granicus for a 9-month Professional
Services Agreement for Short-term Rental (STR) monitoring, compliance, and
enforcement services in an amount not to exceed $50,000 (Contract No. C41980) (CC).
Rec: By Minute Motion: 1) Award a 9-month Professional Services Agreement with the
provisions for two additional one-year extensions approved by the City Manager
for Short-term Rentals (STR) monitoring, compliance, and enforcement services
to Granicus, in the amount of $48,319; and 2) authorize the Mayor to execute
said contract, subject to final review and approval of the City Attorney — funds are
available in Account No. 1104470-4309000.
14. REQUEST FOR APPROVAL of Amendment No. 2 with Southstar Engineering &
Consulting, Inc., for construction management services in an amount not to exceed
$150,000 for San Pablo Avenue Phase 1 Streetscape Improvements (Contract No.
C35520E, Project No. 691-16) (CC).
Rec: By Minute Motion: 1) Approve Amendment No. 2 with Southstar Engineering &
Consulting, Inc. of Riverside, California, for construction management services in
an amount not to exceed $150,000; 2) authorize the transfer of $150,000 from
the remaining contingency amount for the project from Contract No. C35520C to
Contract C35520E; and 3) authorize the Mayor to execute the amendment —
funds are available in the contingency set aside for the project under Contract
No. C35520C in Measure A Funds, Account No. 2134342-4400100.
15. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C40700 for Citywide
Restriping Project (Project No. 564-20) (Superior Pavement Markings, Inc., Cypress,
CA) (CC).
Rec: By Minute Motion, accept the Citywide Restriping Project as complete and
authorize the City Clerk to file a Notice of Completion.
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AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
AUGUST 26, 2021
16. REQUEST FOR DECLARATION of surplus property and authorization to donate or
dispose of as appropriate (CC).
Rec: By Minute Motion, declare items listed in the accompanying staff report's "Exhibit
A" as surplus and grant authorization to donate or dispose of as appropriate.
PUBLIC HEARINGS
17. REQUEST FOR CONSIDERATION OF MITIGATED NEGATIVE DECLARATION,
DENSITY BONUS, PRECISE PLAN, AND CONDITIONAL USE PERMIT FOR A
269-UNIT APARTMENT COMMUNITY WITH A CLUBHOUSE, RECREATIONAL
AMENITIES, AND ROADWAY IMPROVEMENTS LOCATED ON AN UNDEVELOPED
11.943-ACRE VACANT PARCEL LOCATED ON THE SOUTH SIDE OF GERALD FORD
DRIVE EAST OF THE RIVERSIDE COUNTY SHERIFF STATION, Case No. PP/CUP 21-
0004 (Pacific West Communities, Inc., Applicant) (CC).
Rec: Waive further reading and adopt City Council Resolution No. 2021-57, approving
a Mitigated Negative Declaration, density bonus, Precise Plan and Conditional Use
Permit for a 269-unit apartment community with a clubhouse, recreational
amenities, and roadway improvements located on an undeveloped 11.943-acre
vacant parcel located on the south side of Gerald Ford Drive east of the Riverside
County Sheriff station.
18. CONSIDERATION OF AN APPEAL OF A DECISION BY THE ARCHITECTURAL
REVIEW COMMISSION TO DENY THE ARCHITECTURE FOR A PRECISE PLAN
REQUESTED BY LINDQUIST DEVELOPMENT TO CONSTRUCT A NEW TWO-
STORY, FOUR -UNIT APARTMENT BUILDING LOCATED AT 74425 ABRONIA TRAIL,
Case No. PP 20-0005 (Lindquist Development, Appellant) (CC).
Rec: That the City Council by Minute Motion:
1. Deny the applicant's appeal, thereby reaffirming the Architectural Review
Commission's denial of the project architecture; or
2. Approve the applicant's appeal, thereby overturning the Architectural
Review Commission's denial of the architecture and allowing the project
to proceed to the Planning Commission.
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AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
ACTION CALENDAR
AUGUST 26, 2021
19. RESOLUTION NO. SA-RDA-84 - A RESOLUTION OF THE BOARD OF THE
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
AUTHORIZING A PURCHASE AND SALE AGREEMENT WITH PACIFIC WEST
COMMUNITIES, INC. FOR AN APPROXIMATE +/- 11.94-ACRE PORTION OF APN
694-310-006 (CONTRACT NO. SA40790A) (SA).
Rec: By Minute Motion, that the Successor Agency Board:
1. Waive further reading and adopt Successor Agency Resolution No.
SA -RDA 084, a resolution authorizing the Executive Director to enter into
and execute a Purchase and Sale Agreement (the "PSA") by and between
the Successor Agency to the Palm Desert Redevelopment Agency
("SARDA") and Pacific West Communities, Inc. (the "Developer") for an
approximate +/-11.94-acre portion of APN 694-310-006, located along
Gerald Ford Drive. Such authorization is subject to approval of the PSA
by the Countywide Oversight Board of the County of Riverside (the
"Oversight Board") and, if required, the approval or deemed approval by
the State Department of Finance (the "DOF").
2. Authorize the purchase price at fair market value ($4,500,000) per the
appraisal performed by Novogradac Consulting, LLP, dated March 25,
2021.
3. Authorize the Executive Director in consultation with SARDA legal
counsel, to make changes to the PSA as they deem appropriate or
necessary and are consistent with the purposes of the proposed
resolution.
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AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
AUGUST 26, 2021
20. RESOLUTION NO. HA-104 - A RESOLUTION OF THE BOARD OF THE PALM
DESERT HOUSING AUTHORITY AUTHORIZING THE EXECUTION AND DELIVERY
OF A CONDITIONAL AGREEMENT BETWEEN THE AUTHORITY AND PACIFIC
WEST COMMUNITIES, INC., CONDITIONALLY APPROVING A LOAN IN THE
AMOUNT OF $6,030,000 FROM THE AUTHORITY'S HOUSING ASSET FUND TO
FUND THE PURCHASE BY PACIFIC WEST COMMUNITIES, INC. OF PROPERTY
AND CONSTRUCTION OF 269 AFFORDABLE HOUSING UNITS (CONTRACT NO.
HA40790B) (HA).
Rec: By Minute Motion, that the Housing Authority Board waive further reading and
adopt Authority Resolution No. HA-104, a resolution:
1. Authorizing the execution and delivery of the Conditional Agreement
Regarding Vitalia between the Authority and Pacific West Communities,
Inc. ("Pacific West") in substantially the form attached to the Resolution
("Agreement"), conditionally approving a loan ("Loan") in the amount of
$6,030,000 from the Authority's Housing Asset Fund for the purchase of
land and construction of 269 affordable housing units ("Project"); and
2. Authorizing the Director of Finance to appropriate $6,030,000 from
Unobligated Housing Asset Fund Balance to the appropriate budget line
item;
3. Authorizing Authority staff and legal counsel to negotiate and prepare such
agreements and documents as described in the Agreement, or which are
otherwise required, to effectuate the Resolution and the Authority's
funding commitment for the Project as set forth in the Agreement; and
4. Authorizing Pacific West to submit, an application, including the
Agreement, to the California Debt Allocation Committee ("CDLAC") for an
allocation of four percent tax-exempt bonds ("Tax Bonds"), Tax Credit
Allocation Committee ("TCAC") for an allocation of Federal Tax Credits
("Federal Tax Credits") and TCAC for an allocation of State Tax Credits
("State Tax Credits").
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AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
AUGUST 26, 2021
21. CONSIDERATION OF THE SELECTION OF A DESIGN AND ARTIST TO CREATE
ARTWORK FOR THE SAN PABLO PHASE 1 ROUNDABOUT ON SAN PABLO
AVENUE AND SAN GORGONIO WAY (CONTRACT NO. C35520F, PROJECT NO.
691-16) (Continued from the meeting of October 15, 2020) (CC).
Rec: By Minute Motion:
1. Select an artist to create an artwork for the San Pablo Phase 1 roundabout
on San Pablo Avenue and San Gorgonio Way;
2. Approve the attached Agreement for an amount of $125,000 the artwork
design, fabrication, and delivery to the project site; and
3. Authorize the Mayor to execute the Agreement, and allow the City Attorney
to make non -substantive changes.
22. REQUEST FOR AWARD OF CONTRACT IN THE AMOUNT OF $575,115.90 TO LC
PAVING AND SEALING, INC. FOR THE ALESSANDRO WEST IMPROVEMENTS —
PHASE II PROJECT (CONTRACT NO. C40670A, PROJECT NO. 817-21) (CC).
Rec: By Minute Motion:
1. Award Contract No C40670A, including bid alternate #1, to LC Paving and
Sealing, Inc. of Escondido, California, in the amount of $575,115.90;
2. Authorize the Finance Director to set aside a contingency in the amount
of $57,512;
3. Authorize the City Manager to approve any additional expenditure for
unseen circumstances up to the contingency amount; and
4. Authorize the Mayor to execute the subject contract.
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AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
AUGUST 26, 2021
23. REQUEST FOR AUTHORIZATION OF ADDITIONAL EXPENDITURE OF UP TO
$572,240 FOR UTILITY RELOCATIONS RELATED TO PRESIDENT'S PLAZA EAST
AND WEST PARKING LOT IMPROVEMENTS (PROJECT NO. 758-14) (CC).
Rec: By Minute Motion:
1. Authorize the additional expenditure of up to $572,240 for utility
relocations related to the project;
2. Appropriate $571,977 from the Restricted Capital Project Fund 451 to
Account No. 4514692-4400100; and
3. Authorize the City Manager or his designee to take any action and execute
any documents, necessary to facilitate utility relocation agreements
related to the project.
24. REQUEST FOR AUTHORIZATION TO ESTABLISH AN AD HOC SUBCOMMITTEE TO
SERVE AS A STEERING COMMITTEE FOR KEY SOLID WASTE AND RECYCLING
FRANCHISE AGREEMENT ISSUES, AND PROVIDE STAFF DIRECTION ON TOPICS
FOR SUBCOMMITTEE REVIEW (CC).
Rec: By Minute Motion:
1. Establish an ad hoc subcommittee to serve as a steering committee for
key solid waste and recycling franchise agreement issues; and
2. Provide staff direction on topics for subcommittee review.
25. REQUEST FOR DIRECTION regarding the 2021/2022 Certified Farmers' Market
sponsorship request (CC).
Rec: By Minute Motion: Provide feedback and direction to staff regarding the
2021/2022 Certified Farmers' Market sponsorship request.
INFORMATION ITEMS
None.
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
CITY MANAGER COMMENTS
ADJOURNMENT
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AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
AUGUST 26, 2021
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Staff reports for all agenda items considered in open session, and documents provided to a
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Declaration of Posting:
1, Norma 1. Alley, MMC, City Clerk of the City of Palm Desert, do hereby certify, under penalty of perjury under the laws of the
State of California, that the foregoing agenda for the Palm Desert City Council, Successor Agency for the Palm Desert
Redevelopment Agency, and Housing Authority, was posted on the City Hall bulletin board no less than 72 hours prior to the
meeting. Dated this 19th day of August, 2021. Note: This agenda is subject to amendment up to 72 hours in advance of the
meeting.
Norma I. Alley
Norma I. Alley, MMC, City Clerk
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