HomeMy WebLinkAbout00 2021-1014 Agenda
CITY 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)
THURSDAY, OCTOBER 14, 2021
2:00 p.m. Study Session
3:00 p.m. Closed Session
4:00 p.m. Regular Session
Note: Pursuant to Assembly Bill 361, 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 the meetings through the
City’s website at https://www.cityofpalmdesert.org and click on “Council Agenda” at the top of
the page.
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 OCTOBER 14, 2021
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
CALL TO ORDER – 3:00 P.M.
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)
Property: 73-520 Fred Waring Drive (APN 622-250-018)
Agency Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja
Other Party Negotiator: Riverside County Sheriff Department
Property Owner: City of Palm Desert
2)(City)
Property: 45656 Mountain View (APN 627-351-024-8) and
45653 Portola Avenue (APN 627-351-010-5)
City Negotiator: Todd Hileman/Janet Moore
Other Party Negotiator: The Lerae Britain Moeller Bush Living Trust
Property Owner: The Lerae Britain Moeller Bush Living Trust
B.Conference with Legal Counsel regarding significant exposure to litigation pursuant
to Government Code Section 54956.9(d)(2):
Potential cases: 2
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 Pro Tempore Jan Harnik
c)Inspiration/Invocation – Councilmember Sabby Jonathan
REPORT ON ACTION FROM CLOSED SESSION
AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
AGENDA OCTOBER 14, 2021
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
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.
CONSENT CALENDAR
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 September 9, 2021. ....................................................................... Page 9
Rec.: Approve as presented.
2.COMPLIANCE ANALYSIS AND INVESTMENT REPORT for the months of May, June,
July and August, 2021; and General Fund Financial Report as of August, 2021 (CC).
........................................................................................................................ Page 15
Rec.: Receive and file.
3.ORDINANCE NO. 1369: Adopt an ordinance amending Palm Desert Municipal Code
Chapter 2.68 relating to the Art in Public Places Commission Bylaws (2nd reading) (CC).
........................................................................................................................ Page 91
Rec.: Waive further reading and adopt.
4.RESOLUTION NO. 2021-62: Approving Final Tract Map No. 37993 and related
Subdivision Improvement Agreement with GHA Montage P.D., LLC (CC). ...... Page 95
Rec.: Waive further reading and adopt Resolution No. 2021-62 approving Final Tract
Map No. 37993 and the Subdivision Improvement Agreement related thereto.
AGENDA OCTOBER 14, 2021
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
5.REQUEST TO AUTHORIZE findings that the State of California continues in a
Governor-declared state of emergency to combat the Covid epidemic, that state and
local health officials are recommending social distancing, and consequently that the City
Council and its other Brown-Act bodies may continue to employ remote teleconferencing
under Government Code Section 54953(e) (CC). .......................................... Page 157
Rec.: By Minute Motion, the City Council hereby finds the State of California continues
in a Governor-declared state of emergency to combat the Covid epidemic, that
state and local health officials are recommending social distancing, and
consequently that the City Council and its other Brown-Act bodies may continue
to employ remote teleconferencing under Government Code Section 54953(e).
6.REQUEST TO AUTHORIZE a Grant of Easement to Southern California Edison for
property located on Upper Way West (APN 628-130-008) (CC). ................... Page 159
Rec.: By Minute Motion: By Minute Motion, (1) Authorize the Grant of Easement to
Southern California Edison for property located on Upper Way West (APN 628-
130-008); and (2) Authorize the Mayor to execute the same.
7.REQUEST TO AUTHORIZE a one (1) year lease agreement with Anthony Westergaard
of Palm Desert RC Raceway for the operation of a remote-control racetrack on a vacant
City-owned parcel (APN 640-091-010) (Contract No. C42260) (CC). ............ Page 167
Rec.: By Minute Motion, authorize the City Manager to execute a one (1) year lease
agreement with Anthony Westergaard of Palm Desert RC Raceway for the
operation of a remote-control racetrack on a vacant City-owned parcel located on
Painters Path.
8.REQUEST TO ACCEPT Contract No. C38790 with Leonida Builders, Inc. of Santa Clarita,
California for the Alessandro West Improvements – Phase I as complete and authorize the
City Clerk to file the Notice of Completion (Project No. 817-16) (CC). ............... Page 179
Rec.: By Minute Motion, (1) accept the Alessandro West Improvements – Phase I Project
as complete; and (2) authorize the City Clerk to file the Notice of Completion.
9. REQUEST TO AUTHORIZE additional funding, in the amount of $122,600, for additional
work with Ideapeddler, as provided for in Contract Nos. C37180 and C37183 (CC).
....................................................................................................................... Page 183
Rec.: By Minute Motion, that the City Council authorize $122,600 to be used at the City
Manager’s discretion for extra work that may arise during the year, as defined
and provided for in Contract Nos. C37180 and C37183.
AGENDA OCTOBER 14, 2021
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
10.REQUEST FOR APPROVAL Approve a temporary waiver to Palm Desert Municipal
Code Section 9.58.010 (Consumption of alcoholic beverages on public property) for the
sale and consumption of alcohol at the Henderson Building located at 72559 Highway
111, Palm Desert, CA (APN 640-370-015) (CC). . ........................................... Page 187
Rec.: By Minute Motion:
1.Approve a temporary waiver to Palm Desert Municipal Code (PDMC) Sections
9.58.10 and 9.58.20 (Possession/Consumption of Alcohol on City Property)
in conjunction with events related to First Weekend and annually occurring
special events.
2.Authorize the City Manager to approve up to ten (10) additional temporary
event waivers to PDMC Sections 9.58.10 and 9.8.20
(Possession/Consumptions of Alcohol on City Property) as needed
throughout FY 21/22.
3.Authorize the City Manager to execute and California Department of Alcoholic
Beverage Control documents, as required.
PUBLIC HEARINGS
None
ACTION CALENDAR
11.RESOLUTION NO. SA-RDA-086: Finding that real property identified as approximate +/-
11.94-acre portion of APN 694-310-006 is not subject to requirements of the Surplus Land
Act and taking related actions (SA). ................................................................ Page 191
Rec.: By Minute Motion, that the Successor Agency Board:
1.Waive further reading and adopt Successor Agency Resolution No. SA-RDA-
086, a resolution finding that the real property owned by the Successor
Agency to the Palm Desert Redevelopment Agency (“SARDA”) located in the
City of Palm Desert along Gerald Ford Drive, identified as the approximate +/-
11.94-acre portion of APN 694-310-006 is not subject to requirements of the
Surplus Land Act (SLA);
2.Authorize staff to submit a copy of this resolution for review by the California
Department of Housing and Community Development (“HCD”); and
3. Authorize the Executive Director and staff in consultation with SARDA legal
counsel, to take any other actions they deem appropriate or necessary and
are consistent to effectuate the purposes of the proposed resolution.
AGENDA OCTOBER 14, 2021
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
12.REQUEST TO AWARD Contract No. C41880 for Landscape Maintenance Area (LMA)
No. 1 to Mariposa Landscapes, Inc., of Irwindale, California, for a 56-month period for the
monthly amount of $40,319, or $483,828.00 annually, and include repair work and
services for an annual amount not to exceed $100,000 (Project No. 901-22) (CC).
........................................................................................................................ Page 199
Rec.: By Minute Motion:
1.Award Contract No. C41880 for Landscape Maintenance Area (LMA)
No. 1 to Mariposa Landscapes, Inc., of Irwindale, California, for a 56-
month period for the monthly amount of $40,319 or $483,828.00
annually;
2.Authorize irrigation, plant, and related extra work and services for an
annual amount not to exceed $100,000;
3.Authorize the Mayor to execute the agreement; and
4.Authorize the City Manager to approve change orders associated with
this contract based on staff’s recommendations.
13.REQUEST FOR DIRECTION regarding modifications to dining decks within the City of
Palm Desert (CC). ........................................................................................... Page 287
Rec.: By Minute Motion, provide City staff direction to:
1.Remove all dining decks that are not in compliance by the City’s compliance
date of October 31, 2021; or
2.Extend the compliance date one-month through November 30, 2021; or
3.For all restaurant owners that submit their Temporary Use Permit application
prior to October 31, 2021, only grant those that applied a one-month extension
through November 31, 2021, to make the required modifications to the dining
decks.
INFORMATION ITEMS
CITY MANAGER COMMENTS
ADJOURNMENT
AGENDA OCTOBER 14, 2021
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
THREE OPTIONS FOR PARTICIPATING IN THE MEETING
Option 1 - To Participate by E-mail:
1.Send your comments by email to: CouncilMeetingComments@cityofpalmdesert.org
E-mails received by 12:00 noon prior to the start of the meeting will be made part of the
record and distributed to the City Council. This method is encouraged because it will
give Councilmembers the opportunity to reflect upon your input. Emails will not be read
aloud.
Option 2 - To Participate and Provide Verbal Comments by Using Your Internet:
1.Access via https://www.cityofpalmdesert.org/zoom and click “Launch Meeting”
or
2.Access www.zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572
Option 3 - To Listen and Provide Verbal Comments Using Your Telephone:
1.Dial any of the following based on your location: (669) 900-9128 or (213) 338-8477 or
(669)219-2599 or (971) 247-1195 or (253) 215-8782.
If there are high volumes of calls, please continue dialing until you connect
successfully.
2.Enter the Meeting ID: 833 6744 9572 followed by #.
3.Indicate that you are a participant by pressing # to continue.
4.You will hear audio of the meeting in progress. Remain on the line if the meeting has
not yet started.
5.During the meeting, Press *9 to add yourself to the queue and wait for City Clerk staff
to announce your name/phone number. The City Clerk will unmute your line when it is
your turn to speak. Limit your comments to three (3) minutes.
Staff reports for all agenda items considered in open session, and documents provided to a
majority of the legislative bodies regarding any item on this agenda, are available for public
inspection at City Hall and on the City’s website at https://www.cityofpalmdesert.org by clicking
“Council Agenda” at the top of the page.
Declaration of Posting:
I, Norma I. 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 7th day of October, 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