HomeMy WebLinkAbout00 2021-1118 Agenda - final PageCITY 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, NOVEMBER 18, 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.citvofpalmdesert.orq and click on "Council Agenda" at the top of
the page.
Options for participating in the meeting: To participate by email, internet or 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.
NOVEMBER 18, 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)
Property: Authorize the City Manager and City Attorney to finalize and
execute an amendment to the existing lease with Riverside
County for the City -owned property located at 73520 Fred Waring
Drive (APN 622-250-018) for use by the Riverside County
Sheriff's Department.
City Negotiator: Todd Hileman/Andrew Firestine
Other Party Negotiator: County of Riverside
Property Owner: City of Palm Desert
2) (City)
Property: Dsrt Surf Lagoon and Resort Project (APN 620-420-023 and 620-
420-024)
City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja
Other Party Negotiator: Desert Wave Ventures, LLC
Property Owner: City of Palm Desert
B. Conference with Labor Negotiators pursuant to Government Code Section 54957.6:
City Negotiator: Todd Hileman
Other Party Negotiator: Palm Desert Employee Organization
C. Conference with Legal Counsel regarding significant exposure to litigation pursuant
to Government Code Section 54956.9(d)(2):
1) 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 Kathleen Kelly
c) Inspiration/Invocation — Councilmember Karina Quintanilla
Agenda Page 2
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
NOVEMBER 18, 2021
REPORT ON ACTION FROM CLOSED SESSION
AWARDS, PRESENTATIONS, AND APPOINTMENTS
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 October 14, 2021 (CC) (SA) (HA) Page
Rec.: Approve as presented.
2. APPROVE 2021 CLAIMS AND DEMANDS WARRANTS: City: 8/23, 9/9, 9/17, 9/30,
10/6, 10/15, 10/18, and 10/22 (CC); Successor Agency: 8/27, 9/17, and 10/15 (SA); City
and Housing Authority: 8/27, 8/30, 10/1, 10/15, 10/22, 10/29 (CC & HA); and Housing
10/22 (HA) Page
Rec.: Receive and file.
3. 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
Rec.: 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).
Agenda Page 3
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
NOVEMBER 18, 2021
4. ORDINANCE NO. 1370: amending Palm Desert Municipal Code Chapter 3.44
"Transportation Uniform Mitigation Fee" (TUMF) reflecting changes to the collection of fees
(2nd Reading) (CC) Page
Rec.: Waive further reading and adopt Ordinance No. 1370.
5. ORDINANCE NO. 1371: amending Palm Desert Municipal Code Section 2.36.060
regarding a process for members of the Council to sponsor agenda items (2nd Reading)
(CC) Page
Rec.: Waive further reading and adopt Ordinance No. 1371.
6. ORDINANCE NO. 1372: amending Palm Desert Municipal Code Section 2.52.705(F),
"Accrued Vacation Time Buy -Back", to include a requirement that employees make an
irrevocable election if they wish to buy back up to eighty (80) hours of their vacation time
per calendar year, prior to accrual; and amending section 2.52.305(F), "Probationary
Employees" to allow probationary employees use of accrued leave while on
probationary status. (1st reading) (CC) Page
Rec.: Pass Ordinance No. 1372 to second reading for consideration to amend Palm
Desert Municipal Code Section 2.52.705(F) and Section 2.52.305(F).
7. RESOLUTION NO. 2021-67: approving actions related to homebuyer assistance from
the Housing Mitigation Fund in an amount necessary to secure an affordable housing
cost associated with the conveyance of fourteen (14) vacant parcels to Coachella Valley
Housing Coalition for the purpose of constructing single-family homes to be made
available through the self-help program to qualified very low and low income households
(CC) Page
Rec.: City Council, waive further reading and:
1 Approve City Resolution No. 2021- 67 approving homebuyer assistance loans
from the Housing Mitigation Fund in an amount necessary to secure an
affordable housing cost pursuant to California Health and Safety Code
Section 50052.5 associated with the conveyance of fourteen (14) vacant
parcels to The Coachella Valley Housing Coalition ("CVHC") as described in
the Disposition and Development Agreement, Contract No. C36510 (the
"Agreement"), for the purpose of constructing single-family homes to be made
available through the self-help program to qualified very low and low income
households (the "Project"), and in an aggregate amount not to exceed
$355,000;
2. Authorize legal counsel to finalize the associated loan documents for a loan
to be secured by a fourth lien trust deed, to be forgivable after fifteen (15)
years and with terms consistent with the program funding requirements of the
homebuyer assistance Housing Mitigation Fund;
3. Authorize the Finance Director to draw monies not to exceed $355,000 from
the Housing Mitigation Fund and approve the transfer of funds to facilitate the
forgivable homebuyer assistance loans;
Agenda Page 4
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
NOVEMBER 18, 2021
4. Authorize the Mayor and/or the City Manager or their respective designee to
approve and execute the loan documents and any ancillary documents
necessary to effectuate the actions taken herewith; and
5. Appropriate $355,000 to account number 2144490-4390100 from unobligated
Housing Mitigation Fund Balance.
8. RESOLUTION NO. 2021-66: approving Final Parcel Map No. 38120 related to
Montecito Subdivision (CC) Page
Rec.: Waive further reading and approve Resolution No. 2021-66.
9. RESOLUTION NO. 2021-68: authorizing the destruction of paper records, that have
been digitally imaged, from the Development Services Department Planning/Land
Development Division to rely on the electronic record as the official record (CC)
Page
Rec.: Waive further reading and adopt Resolution No. 2021-68.
10. REQUEST FOR APPROVAL to award homebuyer assistance loans to qualified buyers
for resales within Desert Rose and Falcon Crest not to exceed forty percent (40%) of
the allowable sales price and authorize the City Manager to approve transaction costs
specific to each resale (CC) (HA) Page
Rec.: By Minute Motion, the City Council and the Housing Authority Board:
1. In the developments of Desert Rose and Falcon Crest, approve silent
homebuyer assistance loans not to exceed forty percent (40%) of the
allowable sales price (to be increased by reasonable closing costs,
commissions, and any approved upgrades), in total for either a direct sale or
a Housing Authority sale from any available funding source restricted for such
purpose (BEGIN, Housing Mitigation, Housing Authority program income) and
authorize the Director of Finance to draw from the appropriate funds
accordingly;
2. Authorize the City Manager to approve payment of the transaction costs if
necessary for the purpose of repairs required for closing, fees customary to
real estate transactions in Riverside County including escrow, title FHA fees,
inspections, vermin eradication, commissions, approved upgrades, and
disclosures; and
3. Authorize the Chairman of the Palm Desert Housing Authority or the Housing
Authority Executive Director or a designee to execute any documents
necessary to facilitate this transaction and actions taken herewith.
11. REQUEST TO AUTHORIZE the disposal of the declared office furniture as surplus
property and authorizing RPM Company to dispose of as appropriate (HA)...Page
Rec.: Declare the office furniture items listed on the attached Exhibit "A" as surplus
property and authorize RPM Company to dispose of as appropriate.
Agenda Page 5
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
NOVEMBER 18, 2021
12. REQUEST TO AUTHORIZE the City Manager and City Attorney to finalize and execute
an amendment to the existing lease with Riverside County for the City -owned property
located at 73520 Fred Waring Drive (APN 622-250-018) for use by the Riverside County
Sheriff's Department (CC) Page
Rec.: Authorize the City Manager and City Attorney to finalize and execute the an
amendment to the existing lease with Riverside County for the City owned
property located at 73520 Fred Waring Drive (APN 622-250-018) for use by the
Riverside County Sheriff's Department.
13. REQUEST TO AUTHORIZE the award of Contract No. C42400 for the design -build of
the Development Services Lobby Renovations to Tilden -Coil Constructors, Inc., of
Riverside, California, in the amount of $950,000 (Project No. 727-20) (CC)...Page
Rec.: 1. Award Contract No. C42400 for the design -build of the Development Services
Lobby Renovations to Tilden -Coil Constructors, Inc. of Riverside, California,
in the amount of $950,000;
2. Authorize the Finance Director to transfer $100,000 from the Council
Chambers Improvements (Account No. 4004161-4400100) to the
Development Services Lobby Renovations (Account No. 4504161-4400100);
3. Authorize the Director of Finance to set aside contingency for unforeseen
conditions in the amount of $100,000;
4. Authorize the City Manager or designee to review and approve written change
order requests for unanticipated conditions, per Section 3.30.170 of the Palm
Desert Municipal Code; and
5. Authorize the City Manager, or designee, to execute the agreement and any
documents necessary to effectuate the actions taken herewith.
14. REQUEST TO AUTHORIZE the award of Contract No. C37960E to R Dependable
Construction, Inc. of San Bernardino, California, for City Council Chambers Renovation
Project in the amount of $925,000.00 (Project No. 765-19) (CC) Page
Rec.: 1. Award Contract No. C37960E to R Dependable Construction, Inc. of San
Bernardino, California for the City Council Chambers Renovation Project in
the amount of $925,000.00;
2. Authorize the Director of Finance to set aside a contingency for unforeseen
conditions in the amount of $100,000.00;
3. Authorize the City Manager or designee to review and approve written
requests for the use of the contingency for unforeseen conditions up to the
contingency amount; and
4. Authorize the City Manager or designee to execute the agreement and any
documents necessary to effectuate the actions taken herewith.
Agenda Page 6
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
NOVEMBER 18, 2021
15. REQUEST TO APPROVE Contract No. C38840D with Granite Construction Company
of Indio, California, for the CV Link Project as complete, and authorize the City Clerk to
file a Notice of Completion (Project No. 707-20) (CC) Page
Rec.: Accept Contract No. C38840D with Granite Construction Company of Indio,
California, for the CV Link Project as complete; and authorize the City Clerk to
file the Notice of Completion.
16. REQUEST TO APPROVE the Palm Desert Charter Middle School 2022 Panther 5K (CC)
Page
Rec.: Approve the Palm Desert Charter Middle School Panther 5K scheduled for
Sunday, January 23, 2022, and approve road closures on El Paseo between
Highway 74 and Portola Avenue.
17. REQUEST TO APPROVE a Councilmember Liaison to the Cultural Resources
Preservation Committee (CC) Page
Rec.: Approve Councilmember Quintanilla as the 2021 Councilmember Liaison to the
Cultural Resources Preservation Committee.
18. REQUEST TO APPROVE the City of Palm Desert's participation in the National Opioid
Settlements with the three largest pharmaceutical distributors, McKesson, Cardinal Health,
and AmerisourceBergen, and one manufacturer, Janssen Pharmaceuticals, Inc., and its
parent company Johnson & Johnson; and approve the Proposed California State -
Subdivision Agreement Regarding Distribution and Use of Settlement Funds for both
settlements (CC) Page
Rec.: 1. Approve the City of Palm Desert's participation in the National Opioid
Settlements with the three largest pharmaceutical distributors, McKesson,
Cardinal Health, and AmerisourceBergen, and one manufacturer, Janssen
Pharmaceuticals, Inc., and it's parent company Johnson & Johnson; and
2. Approve the Proposed California State -Subdivision Agreement Regarding
Distribution and Use of Settlement Funds for the Distributor Settlement and
Janssen (J&J) Settlement; and
3. Authorize the City Manager to execute the settlement participation form,
settlement documents and any other documents necessary to effectuate the
actions taken herewith.
Agenda Page 7
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
NOVEMBER 18, 2021
19. REQUEST TO APPROVE a one (1) year waiver of Business License fees, inclusive of
fees related to the El Paseo Business Improvement District, for President's Plaza
businesses with access exclusively off the President's Plaza parking lot (CC)
Page
Rec.: Approve a one (1) year waiver of Business License fees, inclusive of fees related
to the El Paseo Business Improvement District, in an amount not to exceed
$3,000 total for President's Plaza businesses with access exclusively off the
President's Plaza parking lot.
20. REQUEST FOR CONSIDERATION to ratify the City Manager's approval for out-of-state
travel for Director of Development Services, Deputy Director of Development Services,
and Permit Center Supervisor to visit the Permit Center staff of the City of Bellevue,
Washington, on November 8, 2021 (CC) Page
Rec.: Ratify the City Manager's authorization for out-of-state travel for staff from the
City's Development Services Department to meet with Permit Center staff from
the City of Bellevue, Washington.
21. REQUEST FOR CONSIDERATION to Ratify the City Manager's Authorization of
Amendment 3 to Contract No. C38440 with GDG, Inc. to expand Courtesy Cart
operations to Presidents Plaza (CC) Page
Rec.: 1. Ratify the City Manager's authorization to amend Contract No. C38440 to
expand Courtesy Cart operations to include the use of a third cart to service
Presidents Plaza during construction from November 5, 2021 — January 31,
2022;
2. Authorize expenditures not to exceed $21,500 for the expanded Courtesy
Cart services; and
3. Appropriate General Funds in an amount not to exceed $21,500 for Fiscal
Year 2021/2022 in Account No. 1104416-4368100, Courtesy Carts.
22. REQUEST FOR DIRECTION on the selection of a pricing program for the Lease -
Purchase of Turf Equipment; approve a Master Lease -Purchase Agreement for a Term
of 60 Months; authorize the City Manager to execute a Master Equipment Lease -
Purchase Agreement; and declare the list of Trade-in Equipment as surplus and apply
the trade-in value of CCC to the cost of the new equipment (CC) Page
Rec.: 1. Provide direction on the selection of a pricing program for the lease -purchase
of turf equipment;
2. Approve a Master -Lease Purchase Agreement for a term of 60 Months;
3. Authorize the City Manager or his designee to execute a Master Equipment
Lease -Purchase Agreement and any documents necessary to effectuate the
actions taken herewith; and
4. Declare the list of Trade-in Equipment as surplus and apply the trade-in value
of CCC to the cost of the new equipment.
Agenda Page 8
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
NOVEMBER 18, 2021
23. RECEIVE AND FILE the City of Palm Desert's Social Media Policy Regarding Holidays
and Commemorations (CC) Page
Rec.: Receive and file.
24. RECEIVE AND FILE Desert Willow Management Request for Proposals Evaluation
Committee Member List (CC) Page
Rec.: Receive and file.
ACTION CALENDAR
25. REQUEST FOR ACTION to review public input results and select artist Kyle Absolom
or Donald Gialanella to create artwork for the San Pablo Phase 1 roundabout on San
Pablo Avenue and San Gorgonio Way (CC) Page
Rec.: By Minute Motion:
1. Review public input results and select artist Kyle Absolom or Donald
Gialanella to create an artwork for the San Pablo Phase 1 roundabout on San
Pablo Avenue and San Gorgonio Way;
2. Approve the attached Agreement in the amount of $125,000 to include
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.
26. REQUEST FOR DIRECTION on recommended improvements for the Haystack Road
Traffic Calming and Safety Improvements (Project No. 667-21) (CC) Page
Rec.: By Minute Motion, direct staff to proceed with the approach as proposed in the
Haystack Road Traffic Calming and Safety Study.
27. REQUEST FOR CONSIDERATION to request the Planning Commission to review the
timeshare ordinance and provide City Council with any recommended amendments (CC)
Page
Rec.: By Minute Motion, request the Planning Commission review the timeshare
ordinance and provide City Council with any recommended amendments.
CITY MANAGER COMMENTS
ADJOURNMENT
Agenda Page 9
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
NOVEMBER 18, 2021
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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.citvofpalmdesert.orq by clicking
"Council Agenda" at the top of the page.
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 12th day of November, 2021. Note: This agenda is subject to amendment up to 72 hours in advance of
the meeting.
Norma I..ACCey
Norma I. Alley, MMC, City Clerk
Agenda Page 10