HomeMy WebLinkAboutAgenda 2022-05-12 postedCITY 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)
AGENDA
Thursday, May 12, 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 inperson public access to the meeting location.
City Council Meetings are livestreamed. You can access and view through the City’s
website at www.cityofpalmdesert.org, under the Council Agenda link at the top of the
homepage.
Options for participating in the meeting: To participate by email, internet or telephone,
see detailed instructions on the last page.
Accommodations for meeting attendance, such as assistive listening devices, closed
caption viewing device, etc., are available upon request. Please contact the City Clerk’s
Office, at least 48 hours in advance, at 73510 Fred Waring Drive, Palm Desert, CA,
92260; (760) 3450611; or cityclerk@cityofpalmdesert.org for assistance with access to
the agenda, materials, or participation at the meeting.
AGENDA
City Council, Successor Agency to the Palm Desert
Thursday, May 12, 2022
Redevelopment Agency, and Housing Authority Meeting
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I. CALL TO ORDER – 3:00 P.M.
II. 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.
III. ADJOURN TO CLOSED SESSION
IV. CLOSED SESSION ITEMS
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 640120025)
City Negotiator: Todd Hileman/Eric Ceja
Other Party Negotiator: N/A
Property Owner: Palm Desert University Gateway
2) (City)
Property: City of Palm Desert 10acres (Palm Communities ENA/Gerald Ford)
(APN 694120028)
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 694510013 and 694130027)
City Negotiator: Todd Hileman/Eric Ceja
Other Party Negotiator: N/A
Property Owner: Freeway Lanes
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4) (Successor Agency)
Property: Northwest corner of Portola Avenue/Frank Sinatra Drive (170 acres)
(APN 653400080)
City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja
Other Party Negotiator: N/A
Property Owner: Successor Agency to the Palm Desert Redevelopment Agency
5) (City)
Property: Southwest corner of Portola Avenue/Frank Sinatra Drive (80 acres)
(APN 620170009)
City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja
Other Party Negotiator: N/A
Property Owner: Catavina Land
6) (City)
Property: Southeast corner of Dick Kelly Drive/Gateway Drive (25.5 acres)
(APNs 694413014, 694413015, and 694413017)
City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja
Other Party Negotiator: N/A
Property Owner: Palm Springs Unified School District
7) (City and Housing Authority)
Property: 42162 Verdin Lane (APN 624440004)
City Negotiator: Todd Hileman/Veronica Chavez
Other Party Negotiator: N/A
Property Owner: First American Title Co.
C. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
1) Potential cases: Two (2)
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City Council, Successor Agency to the Palm Desert
Thursday, May 12, 2022
Redevelopment Agency, and Housing Authority Meeting
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V. 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 Karina Quintanilla
C. Inspiration/Invocation – Mayor Jan C. Harnik
VI. REPORT ON ACTION FROM CLOSED SESSION
VII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. Presentation of Proclamation honoring National Public Works Week.
VIII. CITY MANAGER COMMENTS
IX. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
X. NONAGENDA 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.
XI. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and may be approved by one (1) motion.
A. Approve Minutes of the regular City Council, Successor Agency, and Housing
Authority meeting of April 14, 2022. ............................................... Page 15
Rec.: Approve the April 14, 2022, Minutes as listed and as presented.
B. Second reading and adoption of Ordinance No. 1378 to approve Zoning
Ordinance Amendment 220001 to modify Palm Desert Municipal Code
Section 25.34.060 regarding TimeShare Projects. ........................ Page 26
Rec.: Waive the second reading of the ordinance text in its entirety and read
by title only; and adopt Ordinance No. 1378 entitled, ”AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,
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City Council, Successor Agency to the Palm Desert
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Redevelopment Agency, and Housing Authority Meeting
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AMENDING PALM DESERT MUNICIPAL CODE, CHAPTER 25, MODIFYING
SECTION 25.34.60 REGARDING TIMESHARE PROJECTS, CASE NO. ZOA
220001.”
C. Second reading and adoption of Ordinance No. 1382 amending and updating
various sections of the Palm Desert Municipal Code. .................... Page 28
Rec.: Waive the second reading of the ordinance text in its entirety and read
by title only; and adopt Ordinance No. 1382 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.”
D. Adopt a Resolution rescinding Resolution No. 200978, and approving a
revised Expense Reimbursement Policy for Local Meeting and Event
Attendance by Elected/Appointed Officials and City Employees Policy.
....................................................................................................... Page 30
Rec.: By Minute Motion, waive further reading and adopt a Resolution
rescinding Resolution No. 200978, and approving a revised Expense
Reimbursement Policy for Local Meeting and Event Attendance by
Elected/Appointed Officials and City Employees Policy.
E. Adopt a Resolution to authorize 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. ............................................................................... Page 48
Rec.: Waive further reading and adopt.
F. Award a Contract to Desert Limnologists Inc, dba Southwest Aquatics, Inc., for
Lake and Water Features Preventative Maintenance Services. ....... Page 57
Rec.: By Minute Motion: 1. Award a Contract to Desert Limnologists, Inc.,
dba Southwest Aquatics, Inc., of Palm Desert, California for Lake and Water
Features Preventative Maintenance Services in the annual amount of $61,728;
2. Authorize extra repair work and services in an annual amount not to
exceed $30,000; 3. Authorize the City Manager or designee to review and
approve written contract amendments and change order requests for
unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal
Code; and 4. Authorize the City Manager to execute said agreement.
G. Award Contract to Multi W Systems, Inc. from El Monte, California for Irrigation
Pump Preventative Maintenance in the annual amount of $43,000 (Project No.
92023). ............................................................................................. Page 107
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Redevelopment Agency, and Housing Authority Meeting
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Rec.: By Minute Motion: 1. Award Contract to Multi W Systems, Inc., of El
Monte, California, for Irrigation Pump Preventative Maintenance in the annual
amount of $43,000; 2. Authorize extra repair work and services in an annual
amount not to exceed $17,000; 3. Authorize the City Manager or designee to
review and approve written contract amendment and change order requests
for unanticipated conditions per Section 3.30.170 of the Palm Desert
Municipal Code; and 4. Authorize the City Manager to execute said
agreement.
H. Authorize City Manager to execute contract with Presentation Products Inc,
DBA Spinitar for audio visual installation services for the Council Chamber
ADA remodel project. ................................................................... Page 166
Rec.: By Minute Motion, authorize City Manager to execute contract with
Presentation Products Inc, DBA Spinitar for audio visual installation services
for the Council Chamber ADA remodel project for $68,326.09.
I. Approval of a Memorandum of Understanding with Coachella Valley
Association of Governments formalizing the City’s participation and annual
$100,000 contribution to the CV Housing First Program; and authorize payment for
fiscal year 21/22. ................................................................................... Page 177
Rec.: By Minute Motion: 1. Approve a Memorandum of Understanding with
Coachella Valley Association of Governments for formalizing the City’s
participation and annual $100,000 contribution to the CV Housing First
Program through June 30, 2023; 2. Authorize payment of $100,000 to
Coachella Valley Association for Fiscal Year 2021/22; and 3. Authorize the
City Manager to execute any documents necessary to effectuate the actions
taken herewith.
J. Approval of an extension to Contract No. HA37273 with John Harrison
Contracting, Inc. for HVAC Mechanical Systems Maintenance Services at the
Palm Desert Housing Authority properties in a total annual amount not to
exceed $175,000 (HA) ................................................................. Page 190
Rec.: By Minute Motion, that the Housing Authority Board, Approve an
extension to Contract No. HA37273 with John Harrison Contracting (“JHC”) for
the HVAC Mechanical Systems Maintenance Services at the Palm Desert
Housing Authority (“Authority”) properties for a period of twelve (12) months in
the total amount not to exceed $175,000 for contract services; and Authorize
the Chairman or Executive Director and his designee to take all necessary
actions to execute the extension and any documents necessary to effectuate
the actions taken herewith.
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City Council, Successor Agency to the Palm Desert
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Redevelopment Agency, and Housing Authority Meeting
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K. Approval of an Amendment to the Agreement with Riverside University Health
System for local homelessness services to extend the term by one (1) year.
..................................................................................................... Page 203
Rec.: By Minute Motion: 1. Approve Amendment No. 1 (Contract No.
C41701) to Contract No. C41700 with the Riverside University Health
System for local homelessness services extending the term by one year,
from July 1, 2022, through June 30, 2023, in an amount not to exceed
$168,000; and 2. Authorize the City Manager to execute any documents
necessary to effectuate the actions taken herewith.
L. Approve Change Order No. 1 to Contract C41390 for Gas and Diesel Fuel
Purchase from Beck Oil, Inc. in the Amount of $30,000. ................ Page 229
Rec.: By Minute Motion, approve Change Order No. 1 to Contract C41390
for Gas and Diesel Fuel Purchase from Beck Oil, Inc. in the amount of
$30,000. Funds are available in Account No. 110433142170000.
M. Appropriate $269,743.87 from General Fund Reserves and authorize City
Manager to purchase a DELL Cyber Recovery Vault from [RE]Design Group.
............................................................................................................. Page 241
Rec.: By Minute Motion, appropriate $269,743.87 from General Fund
Reserves and authorize City Manager to purchase a DELL Cyber Recovery
Vault from [RE]DESIGN Group.
N. Appropriate from General Fund Reserves and authorize the City Manager to
enter into an agreement with Environmental Systems Research Institute, Inc.
(ESRI) for an Enterprise Advantage Program in the amount of $53,900.
..................................................................................................... Page 271
Rec.: By Minute Motion, that the City Council appropriate from General
Fund Reserves and authorize the City Manager to enter into an agreement
with Environmental Systems Research Institute, Inc. (ESRI) for an Enterprise
Advantage Program, in the amount of $53,900, to provide consulting,
training, and technical assistance for GIS (Geographic Information Systems)
initiatives.
O. Authorize the use of Lowe’s Home Centers, Inc., Home Depot U.S.A., Inc.,
and HD Supply Facilities Maintenance for Purchase of Materials, Supplies
and Appliances for Palm Desert Housing Authority (“Authority”) Properties
for FY 2022/2023 (HA). ................................................................. Page 294
Rec.: By Minute Motion, that the Authority Board: 1) Authorize the use of
Lowe’s Home Centers, Inc., for the purchase of materials, supplies and
appliances pursuant to Section 3.30.160(L) and 3.30.160(E) of the Palm
Desert Municipal Code, for FY 2022/2023 in an amount not to
exceed$220,000 (includes approximately $115,000 for the purchase of
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City Council, Successor Agency to the Palm Desert
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Redevelopment Agency, and Housing Authority Meeting
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appliances and approximately $105,000 for materials and supplies); 2)
Authorize the use of Home Depot U.S.A., Inc., for the purchase of materials
and supplies pursuant to Section 3.30.160(L) and 3.30.160(E) of the Palm
Desert Municipal Code, for FY 2022/2023 in an amount not to exceed
$45,000; 3) Authorize the use of HD Supply Facilities Maintenance for the
purchase of materials and supplies pursuant to Section 3.30.160(L) and
3.30.160(E) of the Palm Desert Municipal Code, for FY 2022/2023 in an
amount not to exceed $210,000; and 4) Authorize the disposal and recycling
of inefficient, damaged, obsolete and nonfunctioning appliances as
appropriate in accordance with EPA standards and declare as surplus at the
time of removal from the properties.
P. Authorize the use of The SherwinWilliams Company for Purchase of Paint
and Paint Related Materials and Supplies for the Palm Desert Housing
Authority Properties for FY 20222023 (HA). ................................ Page 298
Rec.: By Minute Motion, that the Authority Board: 1. Authorize the use of The
SherwinWilliams Company, for the purchase of paint and paint related
materials and supplies for the Palm Desert Housing Authority (“Authority”)
properties pursuant to Section 3.30.160(L) and 3.30.160(E) of the Palm
Desert Municipal Code, for FY 2022/2023 in an annual amount not to exceed
$75,000; and 2. Authorize the Chairman and/or the Executive Director to
execute the Agreement and any documents necessary to effectuate the
actions taken herewith.
Q. Accept Contract No. C39260 with Elecnor Belco Electric of Chino, California,
for the Traffic Signal Hardware Upgrades as complete and authorize the City
Clerk to file the Notice of Completion (Project No. 56920)........... Page 301
Rec.: By Minute Motion: 1. Accept Contract No. C39260 with Elecnor
Belco Electric of Chino, California, for the Traffic Signal Hardware Upgrades
(Project No. 56920) as complete, and 2. Authorize the City Clerk to file the
Notice of Completion.
R. Accept Contract No. C42170 with Commercial Waterproofing Systems, Inc.
of Santa Ana, California, for the Desert Willow Golf Resort Maintenance
Facility Roof Repairs as complete. ............................................... Page 304
Rec.: By Minute Motion: 1. Accept Contract No. C42170 with Commercial
Waterproofing Systems, Inc. of Santa Ana, California, for the Desert Willow
Golf Resort Maintenance Facility Roof Repairs as complete; and 2.
Authorize the City Clerk to file the Notice of Completion.
S. Accept offsite improvements, release the Faithful Performance and the
Labor and Materials Bonds, and accept a Maintenance Bond for
Millennium. ................................................................................... Page 307
Rec.: By Minute Motion:1. Accept offsite improvements; 2. Release the
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Faithful Performance Bond in the amount of $266,695.50 and Labor and
Materials Bond in the amount of $133,330.25; and 3. Accept the Maintenance
Bond in the amount of $26,669.95.
T. Accept offsite improvements, release the Faithful Performance and Labor and
Materials Bonds, and accept a Maintenance Bond for Monterey Crossing.
...................................................................................................... Page 325
Rec.: By Minute Motion:1. Accept offsite improvements; 2. Release the
Faithful Performance Bond in the amount of $219,684.73 and Labor and
Materials Bond in the amount of $109,842.36; and 3. Accept the Maintenance
Bond in the amount of $21,968.47.
U. Authorize the City Manager to Execute a Grant of Easement to Southern
California Edison for the Tamarisk Utility Undergrounding District...Page 341
Rec.: By Minute Motion, authorize the City Manager to Execute a Grant of
Easement to Southern California Edison (SCE) for the Tamarisk Utility
Undergrounding District.
V. Receive and file informational update on the 1992 Self Help Housing Program
(Joint Consideration with Housing Authority). ................................ Page 348
Rec.: By Minute Motion, receive and file the informational update on the 1992
Self Help Housing Program.
XII. ACTION CALENDAR
A. Approve the initiation of proceedings to form the President's Plaza Property
and Business and Improvement District, and to levy and collect assessments
therein; the Management District Plan and, preliminarily, the Engineer's Report;
and an assessment ballot proceeding so that qualified property owners within
the district may vote on the levying of district assessments. .......... Page 350
Rec.: Waive further reading and adopt:1. Resolution No. 2022XX, initiating
proceedings for the formation of the President's Plaza Property and Business
Improvement District, and the levy and collection of assessments, pursuant to
the provisions of part 7 of division 18 of the California Streets and Highways
Code, for Fiscal Year 202223;2. Resolution No. 2022XX, describing
proposed improvements and services, approving the Management District
Plan, and preliminarily approving the Engineer's Report, regarding the
proposed formation/reestablishment of the President's Plaza Property and
Business Improvement District, pursuant to the provisions of part 7 of division
18 of the California Streets and Highways Code, for Fiscal Year 202223;
and3. Resolution No. 2020XX, declaring the City's intention to form the
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President's Plaza Property and Business Improvement District, to levy and
collect assessments therein, and calling for an assessment ballot proceeding
to submit to the qualified property owners within that district the question of
levying district assessments, commencing Fiscal Year 202223.
B. Approve the start of proceedings to levy and collect annual assessments and
grant preliminary approval of the 2022/23 Engineer’s Report for Consolidated
Palm Desert Landscaping & Lighting Maintenance District No. 1. Page 384
Rec.: Waive further reading and adopt: 1. A Resolution to initiate proceedings
for the levy and collection of annual assessments for Consolidated Palm
Desert Landscaping & Lighting Maintenance District No. 1 for fiscal year
2022/2023; and, 2. A Resolution to declare the intent to levy and collect annual
assessments granting preliminary approval of the 2022/2023 Engineer’s
Report for Consolidated Palm Desert Landscaping & Lighting Maintenance
District No. 1.
C. Approve the start of proceedings to levy the annual assessment of City of Palm
Desert Benefit Assessment District No. 1 for Fiscal Year 2022/2023. .........
..................................................................................................... Page 427
Rec.: Waive further reading and adopt: 1. A Resolution to initiate proceedings
for the levy and collection of assessments for City of Palm Desert Benefit
Assessment District No. 1 for Fiscal Year 2022/2023; and 2. A Resolution to
declare its intention to levy the annual assessment for City of Palm Desert
Benefit Assessment District No. 1 for Fiscal Year 2022/2023, pursuant to the
Benefit Assessment Act of 1982 and appointing a time and place for the public
hearing on these matters.
D. Request for Feedback and Direction Regarding a Potential Ballot Measure
Related to City Council Districts. .................................................. Page 448
Rec.: Provide direction to staff as appropriate.
E. Request for direction on sponsorship of mural installation at the McCallum
Theatre. ........................................................................................... Page 450
Rec.: Provide staff with direction on a potential joint sponsorship in an amount
not to exceed $20,000 for a mural installation at the McCallum Theatre.
F. Request for direction regarding several updates to Palm Desert Municipal
Code. ................................................................................................... Page 464
Rec.: By Minute Motion, direct staff to draft code updates as presented herein.
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City Council, Successor Agency to the Palm Desert
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Redevelopment Agency, and Housing Authority Meeting
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G. Consideration of fee waiver of facility use fees for the use of Civic Center Park
for the 2022 Ride of Silence event. .............................................. Page 467
Rec.: By Minute Motion, approve a fee waiver of facility use fees for the use of
the Civic Center Park for the 2022 Ride of Silence event.
XIII. PUBLIC HEARINGS
A. Approval of a Zoning Ordinance Amendment to modify Palm Desert Municipal
Code Chapter 25.10 (Residential Districts) and Chapter 25.68 (Decisions by
the Architectural Review Commission) (1st reading). .................... Page 471
Rec.: Waive further reading and pass to second reading a City Council
Ordinance approving Zoning Ordinance Amendment 220003 to Chapter
25.10 (Residential Districts and Chapter 25.68 (Decisions by the Architectural
Review Commission).
B. Approval of a Zoning Ordinance Amendment to modify Palm Desert Municipal
Code Chapter 25 (Zoning) relating to land uses (1st reading). ...... Page 489
Rec.: Waive further reading and pass to second reading a City Council
Ordinance approving Zoning Ordinance Amendment 220004 to modify Palm
Desert Municipal Code Chapter 25 (Zoning).
XIV. INFORMATION ITEMS
XV. ADJOURNMENT
AGENDA
City Council, Successor Agency to the Palm Desert
Thursday, May 12, 2022
Redevelopment Agency, and Housing Authority Meeting
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THREE OPTIONS FOR PARTICIPATING IN THE MEETING
Option 1 To participate by email:
Send your comments by email to: CouncilMeetingComments@cityofpalmdesert.org.
Emails 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 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) 9009128 or (213) 3388477 or (669)
2192599 or (971) 2471195 or (253) 2158782.
If there are high volumes of calls, please continue dialing until you connect successfully.
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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
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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 6th day of May, 2022. Note: This agenda is subject to amendment
up to 72 hours in advance of the meeting.
/S/ Anthony J. Mejia, MMC, City Clerk