HomeMy WebLinkAbout00 2022-0324 Agenda - Final
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, MARCH 24, 2022
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.
Options for participating in the meeting: To participate by email, internet, or telephone,
see detailed instructions on the last page.
AGENDA MARCH 24, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 2
CALL TO ORDER
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY – Any person wishing to
discuss any Closed Session business that is within the s ubject matter may participate
utilizing one of the three options listed on the back page of this agenda.
ADJOURN TO CLOSED SESSION
A. Closed Session Meeting Minutes: March 10, 2022
B. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) (City)
Property: 72-880 Highway 111, Palm Desert
(APN 640-120-020)
City Negotiator: Todd Hileman/Martin Alvarez
Other Party Negotiator: Seritage SRC Finance
Property Owner: Seritage SRC Finance
2) (City)
Property: 45653 Portola Avenue, Palm Desert
(APN 627-351-010)
City Negotiator: Todd Hileman/Andy Firestine/Martin Alvarez
Other Party Negotiator: Not applicable
Property Owner: City of Palm Desert
3) (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, Palm Desert)
City Negotiator: Todd Hileman/Veronica Chavez/Stephen Aryan
Other Party Negotiator: Lift to Rise
Property Owner: City of Palm Desert
4) (City)
Property: 73000 Fred Waring Drive, Palm Desert
(APN 622-160-034-2, 622-160-038-6, and
009-613-026-1)
City Negotiator: Todd Hileman
Other Party Negotiator: Friends of the Cultural Center, Inc., and
McCallum Theatre Foundation, Inc.
Under Negotiation: Rental payment and terms of rental payment
C. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
1) Potential cases: Two (2)
AGENDA MARCH 24, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 3
RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MEETING
a) Roll Call
b) Pledge of Allegiance to the Flag – Councilmember Gina Nestande
c) Inspiration/Invocation – Mayor Pro Tem Sabby Jonathan
REPORT ON ACTION FROM CLOSED SESSION
AWARDS, PRESENTATIONS, AND APPOINTMENTS
1. Presentation of a Proclamation declaring April 2022 as “DMV/Donate Life Month” in
the City of Palm Desert (CC) ......................................................................... Page 11
CITY MANAGER COMMENTS
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 up to 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. MINUTES of the regular City Council, Successor Agency, and Housing Authority
Meeting of February 24, 2022 (CC) (SA) (HA) ........................................... Page 13
Rec.: Approve as presented.
3. APPROVE CLAIMS AND DEMANDS WARRANTS: City: 3/4/2022 (CC) Page 23
Rec.: Receive and file.
AGENDA MARCH 24, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 4
4. ORDINANCE No. 1379 to revise Chapter 11.01.080 (Parks, Prohibited conduct
generally) of the Palm Desert Municipal Code relating to the improper feeding of wild
or domestic birds (2nd reading) (CC) ............................................................... Page 41
Rec.: Waive further reading and adopt.
5. ORDINANCE No. 1380 to adopt the redrawing of Council Member District Boundaries
(2nd reading) (CC) ........................................................................................... Page 43
Rec.: Waive further reading and adopt.
6. RESOLUTION 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 49
Rec.: Waive further reading and adopt.
7. APPROVE an Agreement with Southern California Edison (SCE) to Retrofit SCE
streetlights to LED (CC) ............................................................................. Page 55
Rec.: By Minute motion:
1. Authorize the City Manager to execute an Agreement with Southern
California Edison to retrofit SCE streetlights under the LS-1 Option E
Program;
2. Direct that the Municipal Code Chapter 24.16 Outdoor Lighting
Requirements be amended (along with annual ordina nce updates) to
recognize 4000 Kelvin color temperature as the City’s standard for all
streetlights; and
3. Authorize staff to secure a streetlighting consultant to geo -locate all
City-owned LS-2/LS-3 streetlight locations and develop photometric
requirements prior to retrofitting any outstanding streetlight fixtures to
LED for an amount not to exceed $15,000.
8. APPROVE Palm Desert’s 2022 Independence Day Celebration (CC) ...... Page 67
Rec.: By Minute Motion:
1. Preapprove and authorize expenditures in an amount not to exceed
$75,000 ($46,000 to Pyro Spectaculars, Inc. and $29,000 to ancillary
vendors) from the FY 2022/23 Budget for production of the 2022
Independence Day Celebration event;
2. Authorize City Manager to execute a one-year extension of Contract
No. C37020A with Pyro Spectaculars, Inc., in the amount of $46,000 for
the fireworks display; and
3. Authorize City Manager to execute any ancillary vendor contracts
associated with production of celebration in an amount not to exceed
$29,000.
AGENDA MARCH 24, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 5
9. APPROVE an Amendment to Contract No. HA38270 with Liberty Landscaping,
Inc., for landscape maintenance services at the Palm Desert Housing Authority
properties for a two-year term in an annual amount not to exceed $348,553
(HA) ......................................................................................................... Page 103
Rec.: By Minute Motion, that the Authority Board,
1. Approve an Amendment (“Amendment”) to Contract No. HA38270 with
Liberty Landscaping, Inc., for Landscape Maintenance Services,
Landscape Maintenance Area No. 3, Project No. 903-20 (“Agreement”),
effective July 1, 2022, for the Housing Authority owned properties
(“Properties”) for a two-year term in an amount not to exceed $348,553
annually;
2. Authorize Staff and RPM Company, the Authority’s contracted
management company, to assign additional services as determined to
be necessary due to emergency actions and/or proactively responding
to issues at the Authority properties; including expenditures, in an annual
amount not to exceed $88,000 for such additional services; 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.
10. APPROVE a one-year extension of Contract No. C41450 with Hinderliter De Llamas
and Associates (HDL) to continue providing Business Licensing Administration on
behalf of the City (CC) .................................................................................. Page 113
Rec.: By Minute motion, extend Contract No. C41450 with HDL for City business
licensing administration.
11. APPROPRIATE $63,433.55 from unobligated general fund reserves and ratify the
City Manager’s approval to purchase Arctic Wolf security services from Vector
USA (CC)................................................................................................. Page 143
Rec.: By Minute Motion that the City Council:
1. Ratify the City Manager’s approval to purchase Arctic Wolf security services
from Vector USA, and
2. Appropriate $63,433.55 from unobligated general fund reserves to Account
Number 1104190-4336000.
12. APPROVE a Central Inventory of surplus land and land in excess of foreseeable
need pursuant to Government Code Section 54230(a)(1) in connection with
properties owned by the City of Palm Desert, Successor Agency to the Palm
Desert Redevelopment Agency, and Palm Desert Housing Authority and direct the
reporting of information regarding such properties to the California Department of
Housing and Community Development pursuant to Government Code 54230(a)(2)
(CC) ........................................................................................................ Page 171
Rec.: By Minute Motion, that the City Council:
AGENDA MARCH 24, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 6
1. Approve the “Central Inventory” of surplus land and land in excess of
foreseeable need in connection with properties owned by the City of
Palm Desert, Successor Agency to the Palm Desert Redevelopment
Agency, and Palm Desert Housing Authority, as outlined in the staff
report, pursuant to Government Code Section 54230(a)(1); and
2. Authorize staff to report to the California State Department of Housing
and Community Development (“HCD”) information about such
properties pursuant to Government Code 54230(a)(2).
13. RECEIVE AND FILE the resignation of Parks and Recreation Commissioner Mike
Hardin (CC) ................................................................................................. Page 177
Rec.: Receive and file with sincere regret.
CONSENT ITEMS HELD OVER
ACTION CALENDAR
14. RESOLUTION and ORDINANCE: Resolution to approve Recovered Organic Waste
Procurement Policy and Ordinance to amend Chapter 3.30 to include the Recovered
Organic Waste Product Procurement Policy (1st reading) (CC) ..................... Page 179
Rec.: That the City Council:
1. Waive further reading and adopt a resolution approving the Recovered
Organic Waste Product Procurement Policy; and
2. Waive further reading and pass ordinance to second reading.
15. RESOLUTION to approve approval of actions in connection with the parcel
identified as APN 694-120-028 and a portion of 694-120-029 related to compliance
with the Surplus Land Act and an Exclusive Negotiation Agreement with Palm
Communities (CC) ................................................................................... Page 197
Rec.: Waive further reading and adopt a resolution:
1. Declaring the 0.49-acre City-owned property located on the north side
of Gerald Ford Drive between Cook Street and Portola Road and
identified as a portion of APN 694-120-029 (the “Additional Parcel”) as
“exempt surplus land” pursuant to Government Code Section
54221(f)(1)(A);
2. Authorizing the City Manager or his designee, with the consent of the
City Attorney, to enter into a new Exclusive Negotiation Agreement
(“ENA”) with Palm Communities for the purpose of negotiating the terms
and conditions of an agreement for the sale of the City-owned property
located on the north side of Gerald Ford Drive between Cook Street and
Portola Avenue and identified as APN 694-120-028 to Palm
Communities and the construction of a housing development on the
AGENDA MARCH 24, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 7
Property and Additional Parcel that complies with Government Code
Section 37364; and
3. Authorizing the staff and officers of the City to take such actions as they
deem necessary or proper to effectuate the purposes of the Resolution.
16. REQUEST for feedback and direction on the consideration of a Council-initiated five
district ballot measure for the 2022 ballot (CC) ......................................... Page 231
Rec.: By Minute Motion:
That the City Council provide City staff feedback and direction on the
consideration of a Council-initiated five district ballot measure for the 2022
ballot; or
1. Approve Resolution No. 2022-___ calling for the placement of a
measure on the ballot for the November 8, 2022 general municipal
election for the submission to the qualified voters of an ordinance to
transition from two to five Council districts and a “by district” election
system for all five districts.
2. Approve Resolution No. 2022-___ requesting the Board of Supervisors
of the County of Riverside to consolidate a general municipal election to
be held on November 8, 2022, with the statewide general elect ion to be
held on that date pursuant to Elections Code Section 10403.
3. Approve Resolution No. 2022-___ providing for the filing of primary and
rebuttal arguments and setting rules for the filing of written arguments
regarding a City measure to be submitted at the November 8, 2022
general municipal election.
17. AWARD Contract to American Asphalt South, Inc. of Riverside, California , for the
2021 Slurry Seal Project (Project No. 751-21) (CC) ................................ Page 261
Rec.: By Minute Motion:
1. Award Contract No. C42450 in the amount of $2,235,235 to American
Asphalt South, Inc., of Riverside, California, for the 2021 Slurry Seal
Project;
2. Authorize the Director of Finance to set aside a 10% contingency in the
amount of $223,524;
3. Authorize the City Manager or designee to review and approve written
requests for the use of contingency for unanticipated conditions, per
Section 3.30.170 Section A of Ordinance No. 1335; and,
4. Authorize the City Manager to execute the Agreement.
18. CONSIDERATION to require that a Specific Plan be prepared for the Palm Desert
mall site. (CC) .......................................................................................... Page 287
Rec.: By Minute Motion, require that a Specific Plan be prepared for the Palm
Desert Mall located at 72840 Highway 111, Palm Desert.
AGENDA MARCH 24, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 8
PUBLIC HEARING
19. ORDINANCE No. 1378 to approve Zoning Ordinance Amendment 22-0001 to modify
Palm Desert Municipal Code Section 25.34.060 regarding Time-Share Projects.
(Continued from February 24, 2022) (CC) ............................................... Page 289
Rec.: By Minute Motion, continue Public Hearing to the meeting of April 28, 2022.
ADJOURNMENT
AGENDA MARCH 24, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 9
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.
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has not yet started.
5. During the meeting, Press *9 to add yourself to the queue and wai t 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 provide d
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, Anthony J. Mejia, 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 18th day of March 2022. Note: This agenda is subject to amendment up to 72
hours in advance of the meeting.
_
Anthony J. Mejia, MMC, City Clerk