HomeMy WebLinkAbout00 2022-0428 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, APRIL 28, 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 APRIL 28, 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 subject 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: April 14, 2022
B. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) (City)
Property: North Sphere Land Acquisition (Northeast
corner of Portola Avenue/Dinah Shore)
(APN 640-120-025)
City Negotiator: Todd Hileman/Eric Ceja
Other Party Negotiator: N/A
Property Owner: Palm Desert University Gateway
2) (City)
Property: City of Palm Desert 10-acres (Palm
Communities ENA/Gerald Ford)
(APN 694-120-028)
City Negotiator: Todd Hileman/Martin Alvarez
Other Party Negotiator: N/A
Property Owner: City of Palm Desert
3) (City)
Property: Northwest corner of Portola Avenue/Dinah
Shore Drive (32 acres)
(APNs 694-510-013 and 694-130-0207)
City Negotiator: Todd Hileman/Eric Ceja
Other Party Negotiator: N/A
Property Owner: Freeway Lanes
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 APRIL 28, 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 – Mayor Jan C. Harnik
c) Inspiration/Invocation – Councilmember Kathleen Kelly
REPORT ON ACTION FROM CLOSED SESSION
AWARDS, PRESENTATIONS, AND APPOINTMENTS
None.
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.
1. MINUTES of the regular City Council, Successor Agency, and Housing Authority
Meeting of March 24, 2022 (CC) (SA) (HA) ................................................. Page 9
Rec.: Approve as presented.
2. APPROVE CLAIMS AND DEMANDS WARRANTS: City: 3/11/2022, 3/16/2022,
3/25/2022, 3/30/2022, 4/1/2022, 4/7/2022, 4/8/2022, 4/14/2022 (CC); City and
Housing: 4/7/2022, 4/14/2022 (CC) (HA); Successor Agency: 4/1/2022, 4/15/2022
(SA) ........................................................................................................... Page 19
Rec.: Receive and file.
AGENDA APRIL 28, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 4
3. RESOLUTION adopting Action Minutes as the official format of the City of Palm
Desert (CC) ............................................................................................... Page 79
Rec.: Waive further reading and adopt.
4. AWARD Contract in the amount of $29,745.69 to Kimley-Horn and Associates, Inc.
of Indian Wells, California, for Professional Engineering and Design Services for
the Highway Safety Improvement Program, Cycle 10, High Visibility Crosswalk
Improvements (Project No. 600-21) (CC) .................................................. Page 85
Rec.: By Minute Motion:
1. Award Contract in the amount of $29,745.69 to Kimley-Horn and
Associates, Inc. of Indian Wells, California, for professional engineering
and design services for the Highway Safety Improvement Program
(HSIP) Cycle 10, High Visibility Crosswalk Improvements; and
2. Authorize the City Manager to execute the contract.
5. APPROVE an amendment to Contract No. HA38930 with Curtis Allan
Floorcovering, Inc., for purposes of procuring floor coverings and related supplies
and services with Engineered Floors, LLC (dba J+J Flooring Group and dba EF
Contract), at the Palm Desert Housing Authority properties in an annual amount not
to exceed $250,000. (HA) ............................................................................ Page 135
Rec.: By Minute Motion, that the Authority Board:
1. Approve Amendment No. 1 (“Amendment”) to Contract No. HA38930
with Curtis Allan Floorcovering, Inc., (“Curtis Allan”) for purposes of
procuring floor coverings and related supplies and services (includes
costs for non-warrantee partial replacements and repairs) (“Contract” or
“Agreement”, interchangeable), effective July 1, 2022, at the Palm
Desert Housing Authority (“Authority”) properties for a two-year term
under the National Cooperative Purchasing Alliance Agreement,
Flooring & Outdoor Surfaces Solutions Contract No. 02-60, with
Engineered Floors, LLC (dba J+J Flooring Group and dba EF Contract)
pursuant to Section 3.30.160 (L) and 3.30.160 (E) of the City of Palm
Desert Municipal Code in a total amount not to exceed $250,000 each
year;
2. Authorize Staff and RPM Company (“RPM”), the Authority’s contracted
management company, to procure the services as determined to be
necessary and assign any additional non-warrantee partial
replacements and repairs due to emergency actions and/or proactively
responding to issues at the Authority properties (“Properties”), including
expenditures; 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.
AGENDA APRIL 28, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 5
6. APPROVE San Pablo Public Art Development Plan (CC) ....................... Page 145
Rec.: By Minute motion, approve the San Pablo Public Art Development Plan.
7. DEACCESSION Desert Flower and Desert Star sculptures (CC) ............ Page 159
Rec.: By Minute Motion, deaccession Desert Flower and Desert Star sculptures.
8. APPROVE out-of-state travel for the City Manager, Finance Director, and Director
of Economic Development, to visit with staff from the City of Westminster,
Colorado on May 17, 2022 (CC) .............................................................. Page 187
Rec.: By Minute Motion, approve out-of-state travel to Westminster, Colorado, for
the City Manager, Finance Director, and Director of Economic Development.
CONSENT ITEMS HELD OVER
ACTION CALENDAR
9. ORDINANCE amending and updating various sections of the Palm Desert
Municipal Code (CC) ............................................................................... Page 189
Rec.: Introduce, by title only, an Ordinance entitled: An Ordinance of the City
Council of the City of Palm Desert, California, Amending and Updating
Various Sections of the Palm Desert Municipal Code.
10. RESOLUTION rescinding Resolution No. 2019-77, and adopting a revised
Community Event Sponsorship Policy (CC) ............................................ Page 219
Rec: Waive further reading and adopt.
11. AWARD Contract in the amount of $433,132.50 to Engineering Resources of
Southern California, Inc. of Redlands, California, for Professional Engineering and
Design Services for the Haystack Channel Improvements (Project No. 509-22)
(CC) ......................................................................................................... Page 243
Rec.: By Minute Motion:
1. Award Contract in the amount of $433,132.50 to Engineering Resources of
Southern California, Inc. of Redlands, California, for professional
engineering and design services for the Haystack Channel Improvements;
2. Appropriate $500,000 from unobligated Fund 420 to the project account;
3. Authorize the City Manager or designee to review and approve written
contract amendment requests for unanticipated conditions per Section
3.30.170 of the Palm Desert Municipal Code; and
4. Authorize the City Manager to execute the contract.
AGENDA APRIL 28, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 6
12. APPROVE Amendment No. 1 (Contract No. C38851) to Contract No. C38850 for
Arboricultural Services with West Coast Arborists, Inc. of Grand Terrace, California,
in an annual amount not to exceed $975,000 (Project No. 933-23), and approval of
Change Order No. 1 to C38850 for additional services during FY21/22 in the amount
of $100,000 (Project No. 933-19) (CC) ........................................................... Page 301
Rec.: By Minute Motion:
1. Approve the Amendment (“Amendment”) to Contract No. C38850 with
West Coast Arborists, Inc. of Grand Terrace, California, for
Arboricultural Services for City of Palm Desert (“City”), Desert Willow
Golf Resort (“Desert Willow”) and Palm Desert Housing Authority
(“Authority”), effective July 1, 2022, for a two-year term in an annual
amount not to exceed $975,000;
2. Approve Change Order No. 1 to Contract No. C38850 for additional tree
pruning services during FY21/22 in the amount of $100,000;
3. Authorize staff to assign additional services/extra work as determined
to be necessary due to emergency work to mitigate hazardous
conditions and proactively respond to unforeseen issues; and
4. Authorize the Mayor and/or Executive Director to execute the
Amendment Agreement.
13. APPROPRIATE additional funds in the amount of $340,000 for construction
contingency and Approve Amendment No. 2 to Contract No. C37040B with Southstar
Engineering of Riverside, California in an amount not to exceed $300,000 for
additional construction management and inspection services related to Presidents’
Plaza East and West Parking Lot Improvements (Project No. 758-14)
(CC) ......................................................................................................... Page 317
Rec.: By Minute Motion, that the City Council:
1. Approve additional contingency funds in the amount of $340,000 to
Contract No. C37040A with H&H General Contractors Inc. of Highland,
California;
2. Approve Amendment No. 2 to Contract No. C37040B with Southstar
Engineering and Consulting of Riverside, California, for additional
construction management and inspection services in an amount not to
exceed $300,000;
3. Appropriate $640,000 from Unobligated General Funds to Account No.
4004692-4400100; and
4. 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 APRIL 28, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 7
14. REQUEST FOR FEEDBACK AND DIRECTION on the development of a Facilities
and Park Use Policy and amendments to Title 11, Parks, of the Palm Desert
Municipal Code (CC) .............................................................................. Page 329
Rec.: By Minute Motion, that the City Council direct staff to initiate an amendment
to Title 11 of the Palm Desert Municipal Code and to prepare an
administrative policy on the administration of the permitting process for park
use permits together with any necessary fee resolutions. Additionally, staff
requests City Council feedback on the scope of any changes to the Palm
Desert Municipal Code.
15. REQUEST FOR FEEDBACK AND DIRECTION on changes to the Local Meeting
and Local Event Reimbursement Policy (CC) ........................................... Page 335
Rec.: Provide feedback and direction to staff relative to proposed changes to the
Local Meeting and Local Event Reimbursement Policy.
16. REQUEST FOR FEEDBACK AND DIRECTION on the priorities for the disposition
of Successor Agency and City properties listed on the Central Inventory of surplus
land and land in excess of Palm Desert’s foreseeable need (CC) (SA) ... Page 365
Rec.: Provide direction to staff on the priorities for disposition of Successor
Agency to the Palm Desert Redevelopment Agency (SARDA) and City of
Palm Desert (City) properties listed on the Central Inventory of surplus land
and land in excess of Palm Desert’s foreseeable need.
PUBLIC HEARING
17. 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 March 24, 2022) (1st reading) (CC) ............................... Page 373
Rec.: Waive further reading and pass to second reading an ordinance approving
Zoning Ordinance Amendment 22-0001 to modify Palm Desert Municipal
Code Section 25.34.060 regarding Time-Share Projects.
ADJOURNMENT
AGENDA APRIL 28, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 8
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, 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 21st day of April 2022. Note: This agenda is subject to
amendment up to 72 hours in advance of the meeting.
_
Anthony J. Mejia, MMC, City Clerk