HomeMy WebLinkAbout00 2021-1216 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)
THURSDAY, DECEMBER 16, 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.
DECEMBER 16, 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: Consideration of a lease between Lift to Rise and the City of Palm
Desert at the Parkview Office Complex (73-710 Fred Waring
Drive, Suite No. 219)
City Negotiator: Todd Hileman/Janet Moore/Stephen Aryan
Other Party Negotiator: Lift to Rise
Property Owner: City of Palm Desert
2) (City)
Property: Authorization to execute the assignment of an existing Exclusive
Negotiation Agreement with The Retail Connection, L.P. to Family
Development Group, Inc. for a 15.38-acre site known as Desert
Willow Lot Pad "D", located on Desert Willow Drive, north of
Market Place Drive (APNs 620-450-016, 620-450-017, 620-450-
018, and 620-450-020)
City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja
Other Party Negotiator: Family Development Group
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 — Councilmember Sabby Jonathan
c) Inspiration/Invocation — Mayor Kathleen Kelly
Agenda Page 2
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
REPORT ON ACTION FROM CLOSED SESSION
AWARDS, PRESENTATIONS, AND APPOINTMENTS
DECEMBER 16, 2021
1. ANNUAL REORGANIZATION OF THE CITY COUNCIL (CC) Page
Rec.: 1. Select Mayor and Mayor Pro-Tempore by nomination;
2. Receive comments from outgoing Mayor Kathleen Kelly and Mayor Pro-
Tempore Jan Harnik; and
3. Receive comments from newly selected Mayor and Mayor Pro-Tempore.
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.
2. 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).
3. APPROVE MINUTES of the regular City Council, Successor Agency, and Housing
Authority Meeting of October 28, 2021 (CC) (SA) (HA) Page
Rec.: Approve as presented.
Agenda Page 3
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
DECEMBER 16, 2021
4. RECEIVE AND FILE applications for an Alcoholic Beverage License for: (CC)
Page
a. Daves Hot Chicken located at 72333 Highway 111, Suite F
b. Mole Cuisine located at 73130 El Paseo, Suite M
c. Trattoria Tiramisu located at 72655 Highway 111, Suite B6
Rec.: Receive and file.
5. RECEIVE AND FILE 2021 CLAIMS AND DEMANDS WARRANTS: City: 10/29, 10/30,
11/5, and 11/19 (CC); Successor Agency: 11/5, 11/12, and 11/29 (SA); City and Housing
Authority: 11/5, 11/12, 11/19, and 11/29 (CC & HA) Page
Rec.: Receive and file.
6. RECEIVE AND FILE Compliance Analysis and Investment Reports for the months of
September and October, 2021 and General Fund Financial Report as of October, 2021
(CC) Page
Rec.: Receive and file.
7. 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 (2nd reading) (CC) Page
Rec.: Waive further reading and adopt Ordinance No. 1372.
8. RESOLUTION NO. 2021-69 rescinding and replacing Resolution No. 2021-59, adopting
authorized classifications, allocated positions, salary schedule and salary ranges
included herein and attached as Exhibit "A" (CC) Page
Rec.: Waive further reading and adopt Resolution No. 2021-69 rescinding and
replacing Resolution No. 2021-59, adopting authorized classifications, allocated
positions, salary schedule and salary ranges included herein and attached as
Exhibit "A"; and authorize the City Manager to take any actions consistent with
the resolution adopted herewith and confirm those actions already taken related
thereto.
Agenda Page 4
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
DECEMBER 16, 2021
9. REQUEST FOR CONSIDERATION to approve a side letter amending the
Memorandum of Understanding (MOU) (C36180) between the City of Palm Desert and
the Palm Desert Employee Organization including a Cost of Living Adjustment (COLA)
of 3% effective July 1, 2021, and request approval of Compensation for Unrepresented
Employees including a Cost of Living Adjustment (COLA) of 3% effective July 1, 2021
and a Authorize the City Manager to Develop and Implement a Manager's Administrative
Leave Option (CC) Page
Rec.: 1. Approve a side letter to the Memorandum of Understanding (MOU) between
the City of Palm Desert and the Palm Desert Employee Organization (Exhibit
"A"), including a Cost of Living Adjustment (COLA) of 3% effective July 1,
2021 for current employees; and
2. Authorize the City Manager to take actions consistent with the MOU and
Managers Administrative Leave option approved herewith to implement the
changes contemplated.
10. RESOLUTION NO. 2021-70 authorizing the destruction of paper records that have been
digitally imaged from the Office of the City Clerk, to rely on the electronic record as the
official record (CC) Page
Rec.: Waive further reading and approve Resolution No. 2021-70.
11. RESOLUTION NO. 2021-71 authorizing the destruction of paper records, that have
been digitally imaged, from the Department of Development Services to rely on the
electronic record as the official record (CC) Page
Rec.: Waive further reading and adopt Resolution No. 2021-71.
12. RESOLUTION NO. 2021-72 authorizing the destruction of paper records, that have
been digitally imaged, from the Department of Development Services to rely on the
electronic record as the official record (CC) Page
Rec.: Waive further reading and adopt Resolution No. 2021-72.
13. RESOLUTION NO. 2021-73: acknowledging receipt of the annual report made by the
Fire Chief of the Riverside County Fire Department to fulfill the requirements of Sections
13146.2 and 13146.3 of the California Health and Safety Code (CC) Page
Rec.: Waive further reading and adopt Resolution No. 2021-73.
Agenda Page 5
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
DECEMBER 16, 2021
14. RESOLUTION NO. SA-RDA-087: 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 (SA) Page
Rec.: The Successor Agency Board:
1. Waive further reading and adopt Successor Agency Resolution No. SA-RDA-
087, a resolution finding that the real property owned by the Successor
Agency to the Palm Desert Redevelopment Agency ("SARDA") located on the
south side of Gerald Ford Drive, east of the Palm Desert Sheriff Station,
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 to the California Department
of Housing and Community Development ("HOD"); 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.
15. REQUEST FOR CONSIDERATION of the appointment of Kevin Wiseman as the Palm
Desert representative on the Palm Springs International Airport Commission for a term
ending June 30, 2025 (CC) Page
Rec.: By Minute Motion, appoint Kevin Wiseman as the Palm Desert representative on
the Palm Springs International Airport Commission for a term ending June 30,
2025.
16. REQUEST FOR CONSIDERATION to accept the letter of resignation from Cultural Arts
Committee Member Susan Myrland and appointing Alternate Member Louise Harding
to fulfill the remaining term (CC) Page
Rec.: Accept the letter of resignation from Cultural Arts Committee Member Susan
Myrland and appoint Alternate Member Louise Harding to fulfill the remaining
term of Member Susan Myrland ending June 30, 2023.
17. REQUEST FOR CONSIDERATION to accept off -site improvements and release the
Faithful Performance and the Labor and Materials Bonds for Carmax (CC)...Page
Rec.: Accept off -site improvements and release the Faithful Performance Bond in the
amount of $313,721.00 and Labor and Materials Bond in the amount of
$156,860.50.
Agenda Page 6
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
DECEMBER 16, 2021
18. REQUEST FOR CONSIDERATION to approve an amendment to Contract No.
HA35560 with Ray, Douglas, Ann, and Patrick, Inc., a.k.a. RPM Company, for affordable
housing compliance/property management services for the Housing Authority owned
properties for a two-year term in an amount not to exceed $601,560 for the calendar
year 2022 (HA) Page
Rec.: The Authority Board:
1. Approve the amendment ("Amendment") to Contract No. HA35560 with Ray,
Douglas, Ann, and Patrick, Inc., a.k.a. RPM Company ("RPM"), for affordable
housing compliance/property management services ("Agreement"), effective
January 1, 2022, for the Housing Authority owned properties ("Properties") for
a two-year term in an amount not to exceed $601,560 for the calendar year
2022, with an allowable increase as noted in the Amendment;
2. Authorize staff to finalize the Amendment with RPM consistent with the
current terms with non -substantive modifications concurred upon by the
Executive Director and legal counsel; and
3. Authorize the Chairman and/or the Executive Director to execute the
Amendment and any documents necessary to effectuate and implement the
actions taken herewith.
19. REQUEST FOR CONSIDERATION to accept Contract No. C41200 for the Desert Willow
Golf Resort HVAC Replacement Project as complete and authorize the City Clerk to file
the Notice of Completion (Project No. 850-21 H) (CC) Page
Rec.: Accept Contract No. C41200 for the Desert Willow Golf Resort HVAC
Replacement Project as complete and authorize the City Clerk to file the Notice
of Completion.
20. REQUEST FOR CONSIDERATION to approve the purchase of the OpenGov
Procurement software platform for online bidding and contract management for a first -year
price of $37,191 (CC) Page
Rec.: 1. Approve the purchase of OpenGov Procurement software for a total first year
cost of $37,191 (annual subscription of $24,056 and set up/training of $13,135);
2. Authorize the Information Systems Manager to add this service to the annual
software subscriptions, at $24,056 annually for the first year; and
3. Authorize the City Manager to take any actions needed to effectuate the order
and implementation of the software platform.
Agenda Page 7
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
DECEMBER 16, 2021
21. REQUEST FOR CONSIDERATION to approve a monthly Small Business Market on San
Pablo (CC) Page
Rec.: 1. Authorize the road closure on San Pablo Avenue between Alessandro Drive
and San Gorgonio Way, once a month from January through April of 2022;
2. Approve a sponsorship agreement between the City and Thriftology in the
amount of $5,000 to assist with launching the Market. Funds to be
appropriated from City Sponsored Events Account No. 1104416-4306201;
and
3. Authorize waiving of all City -assessed permit and inspection fees pertaining
to the event.
22. REQUEST FOR CONSIDERATION to authorize a Grant of Easement to Frontier
Communications (CC) Page
Rec.: Authorize the Grant of Easement to Frontier Communications for property known
as APN 628-130-008, located on Upper Way West, and authorize the Mayor to
execute the same.
23. REQUEST FOR CONSIDERATION to award a one-year contract, with an option of four,
one-year extensions for Pavement Management Data Collection and Analysis Services
to Applied Research Associates, Inc. of Ventura, California in the Amount of $213,150
(C42490) (Project No. 758-21) (CC) Page
Rec.: 1. Award Contract No. C42490, a three-year contract, with an option of two, one-
year extensions for Pavement Management Data Collection and Analysis
Services to Applied Research Associates, Inc. of Ventura, California in the
Amount of $213,150; and
2. Authorize the City Manager to execute said agreement, extensions, and any
contract amendments associated with this contract based on staff's
recommendations.
24. REQUEST FOR CONSIDERATION to appropriate additional budget of $500,000 for
construction contingency and design services related to President's Plaza East and
West Parking Lot Improvements (Project No. 758-14) (CC) Page
Rec.: 1. Approve additional contingency funds in the amount of $465,000 to Contract
No. C37040A with H&H General Contractors Inc. of Highland, California;
2. Approve Amendment No. 4 to Contract No. C37040 with Dudek of La Quinta,
California, for additional design services in an amount not to exceed $35,000;
3. Appropriate $400,000 from the Restricted Capital Project Fund 451 to
Account No. 4514692-4400100;
4. Appropriate $100,000 from Unobligated General Funds to Account No.
4004692-4400100; and
5. Authorize the City Manager or designee to execute the amendment and to
review and approve written requests for the use of the contingency for
unforeseen conditions up to the contingency amount.
Agenda Page 8
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
DECEMBER 16, 2021
25. REQUEST FOR CONSIDERATION to approve Amendment No. 2 to Contract C37870A
with KOA Corporation of Monterey Park, California, for engineering design services in
an amount not to exceed $229,122.96 for Haystack Road Traffic Calming and Safety
Improvements (Project No. 667-21) (CC) Page
Rec.: 1. Approve Amendment No. 2 to Contract C37870A with KOA Corporation of
Monterey Park, California, for design services in an amount not to exceed
$229,122.96;
2. Appropriate $230,000 from the Measure A Fund 231 for the Haystack Road
Traffic Calming and Safety Improvements project;
3. Authorize the Mayor to execute the agreement; and
4. Authorize the City Manager to execute any additional amendments and
related documents associated with this contract based on staff's
recommendations.
26. RECEIVE AND FILE informational item regarding Haystack Road Area Improvements
(CC) Page
Rec.: Receive and file.
PUBLIC HEARING
27. RESOLUTION NO. 2021-74 making findings regarding the continuing need for
unexpended balances of Impact Fees as of June 30, 2021 (CC) Page
Rec.: By Minute Motion:
1. Conduct a public hearing and accept public testimony relating to the
Development Impact Fees' annual report and related findings; and
2. Following public testimony, close the public hearing, and request that the City
Council waive further reading and adopt Resolution No. 2021-74 accepting
the report and making certain findings pursuant to California Government
Code Sections 66000-66008.
ACTION CALENDAR
28. INFORMATION UPDATE regarding the Census redistricting of Council district
boundaries as required by Government Code Section 21621 (CC) Page
Rec.: 1. Receive a report from the City's census redistricting consultant on the
redistricting process and permissible criteria to be considered to redraw City
Council District Election District Boundaries; and
2. Provide direction to the consultant prior to drawing maps to be considered at
an upcoming public hearing.
Agenda Page 9
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
DECEMBER 16, 2021
29. 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, and authorize the City Manager to execute a master equipment lease -
purchase agreement (C42500) (Continued from November 18, 2021, Meeting) (CC)
Page
Rec.: By Minute Motion:
1. Affirm the selection of the Kemper Sports pricing option for the lease -
purchase of turf equipment through Toro in the amount of $1,930,215.58;
2. Approve a Master -Lease Purchase Agreement for a term of 60 months;
3. Direct the use of the City Golf Course Capital Fund to finance the lease -
purchase of the turf equipment;
4. 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;
5. Authorize the City Manager to approve changes to the final purchase price up
$96,510.78; and
6. Declare the list of Trade-in Equipment as surplus and apply the trade-in value
of CCC to the cost of the new equipment.
30. REQUEST FOR CONSIDERATION of request by the Bermuda Dunes Learning Center in
Palm Desert for $900,000 from the City's Child Care Facilities Impact Mitigation Fee Fund
to fund necessary improvements to expand and operate a childcare facility at 47549
Highway 74 (C42510) (CC) Page
Rec.: By Minute Motion, approve a request by the Bermuda Dunes Learning Center in
Palm Desert for $900,000 for necessary improvements to an existing facility for
the operation and expansion of a childcare facility at 47549 Highway 74.
31. REQUEST FOR CONSIDERATION of the selection of a vendor for the lease -purchase of
electric golf and utility carts, approve a lease -purchase agreement for a term of 48 months,
approve a 48-month lease for GPS technology, and authorize the City Manager to execute
a lease -purchase agreement and other documents (CC) Page
Rec.:
By Minute Motion:
1. Approve the lease -purchase of electric golf and utility carts from Club Car,
LLC in an amount not to exceed $1,810,099.84 plus applicable taxes
(C42520A);
2. Approve a Master -Lease Purchase Agreement for a term of 48 months;
3. Direct the use of the City Golf Course Capital Fund to finance the lease -
purchase of the golf and utility carts;
4. Approve a 48-month lease of GPS technology from Club Car, LLC in an
amount not to exceed $347,976.00 plus applicable taxes (C42520B); and
5. 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.
Agenda Page 10
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
DECEMBER 16, 2021
32. REQUEST FOR DIRECTION regarding a weekend Farmers' Market (CC) Page
Rec.: Provide guidance to staff regarding a weekend Farmers' Market in Palm Desert.
Specifically, staff is requesting guidance on the following questions:
• Does Council want staff to find a vendor to provide a weekend Farmers'
Market?
• Is there a specific location Council would like that market to be located?
• How involved does Council want staff to be in running a Farmers' Market?
33. ORDINANCE NO. 1373 adopting an urgency ordinance of the City Council of the City of
Palm Desert, California, amending Chapter 25.34 (special use provisions) and adding
Chapter 26.30 (urban lot splits) of the City of Palm Desert Municipal Code relating to urban
lot splits and two -unit projects and determining the ordinance to be exempt from CEQA
(CC) Page
Rec.: Waive further reading and adopt Urgency Ordinance No. 1373.
34. REQUEST FOR CONSIDERATION to award a Professional Services Agreement (PSA)
with Coldwell Banker Richard Ellis (CBRE) for real estate advisory services related to
The Shops at Palm Desert, formerly Westfield Palm Desert, located at 72840 Highway
111 (C42480) (CC) Page
Rec: Approve Contract No. C42480 authorizing the allocation of $98,000 for real estate
advisor services to CBRE for services related to The Shops at Palm Desert mall,
formally Westfield Palm Desert.
INFORMATIONAL UPDATE
35. RECEIVE AND FILE a report on the removal of Lupine Plaza temporary improvements
(CC) Page
Rec.: Receive and file.
CITY MANAGER COMMENTS
ADJOURNMENT
Agenda Page 11
AGENDA
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
DECEMBER 16, 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 10th day of December, 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 12