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HomeMy WebLinkAbout00 Agenda 2022-08-25CITY OF PALM DESERT PALM DESERT CITY COUNCIL (CC), SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA), AND HOUSING AUTHORITY (HA) MEETING (VIRTUAL MEETING) REGULAR MEETING AGENDA Thursday, August 25, 2022 3:30 p.m. Closed Session 4:00 p.m. Regular Session Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference, and there will be no in-person access to the meeting location. WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website www.cityofpalmdesert.org, under the “Council Agenda” link at the top of the homepage, or on the City’s YouTube Channel. OPTIONS FOR PARTICIPATING IN THIS MEETING: To participate by email, internet, or phone, please see the detailed instructions on the last page of this agenda. AGENDA Thursday, August 25, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 2 of 11 CLOSED SESSION: 3:30 P.M. CALL TO ORDER PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the three-minute time limit. Speakers may utilize one of the three options listed on the last page of this agenda. RECESS TO CLOSED SESSION CLOSED SESSION AGENDA A. Closed Session Meeting Minutes: July 14, 2022 B. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City Negotiator(s): Todd Hileman, City Manager Andrea Staehle, Human Resources Manager Employee Organization: Palm Desert Employee Organization 4:00 P.M. REGULAR MEETING ROLL CALL PLEDGE OF ALLEGIANCE: Councilmember Quintanilla INSPIRATION/INVOCATION: Councilmember Kelly REPORT OF CLOSED SESSION: City Attorney Hargreaves AWARDS, PRESENTATIONS, AND APPOINTMENTS CITY MANAGER COMMENTS A. GRAFFITI ABATEMENT PROGRAM: Public Works Deputy Director Ramirez MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION NON­AGENDA PUBLIC COMMENTS: This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the last page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. AGENDA Thursday, August 25, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 of 11 1. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion. A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES RECOMMENDATION: Approve the Minutes of June 23, 2022. B. APPROVAL OF WARRANTS RECOMMENDATION: Approve the warrants issued for the period of 06/30/2022 to 8/11/2022. C. APPROVAL OF FINDINGS RELATIVE TO AB 361 – REMOTE TELECONFERENCING RECOMMENDATION: Make 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 that the City may continue to employ remote teleconferencing. D. APPLICATIONS FOR AN ALCOHOLIC BEVERAGE LICENSE FOR: 1. DESERT COWBOY USA LLC/COWBOY CANTINA, 72620 EL PASEO 2. OX KING, INC./BLAZING KING BBQ AND HOTPOT, 72600 DINAH SHORE DR RECOMMENDATION: Receive and file. E. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE AND ALTERNATE VOTING DELEGATE RECOMMENDATION: Confirm the appointment of Councilmember Kelly as the Voting Delegate and Councilmember Quintanilla as the Alternate Voting Delegate for the business meeting of the League of California Cities Annual Conference to be held on Friday, September 9, 2022, in Long Beach. F. CONSIDERATION OF A RESOLUTION ADOPTING A RECORDS MANAGEMENT POLICY RECOMMENDATION: Adopt a Resolution adopting a Records Management Policy. G. CONSIDERATION OF A RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2023 RECOMMENDATION: Waive further reading and adopt a resolution establishing dates for regular meetings of the Palm Desert City Council during Calendar Year 2023 and January 2024. AGENDA Thursday, August 25, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 of 11 H. CONSIDERATION OF APPOINTMENT OF APPLICANTS TO THE CITY OF PALM DESERT’S ESTABLISHED COMMITTEES AND COMMISSIONS RECOMMENDATION: Consider appointment of applicants to various City of Palm Desert Committees and Commissions. I. APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C42020 FOR THE CLASSIFICATION AND COMPENSATION STUDY PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND CPS­HR CONSULTING RECOMMENDATION: 1. Approve Amendment No. 1 to Contract No. C42020 with CPS-HR to extend the term through December 1, 2022, for the purpose of finalizing the classification and compensation study. 2. Authorize the City Manager to execute said amendment and any other documents necessary to effectuate the contract. J. AUTHORIZE THE PURCHASE OF BANQUET CHAIRS AND CHAIR CARTS FROM MITYLITE, INC., FOR DESERT WILLOW GOLF RESORT, AND SURPLUS THE EXISTING STOCK OF CHAIRS BEING REPLACED RECOMMENDATION: Authorize the purchase of three hundred (300) banquet chairs and two (2) chair carts from MityLite, Inc., in the amount of $77,964.51 plus freight surcharges, total not to exceed $85,000, and surplus of the existing stock of chairs being replaced. K. APPROVE A TEMPORARY WAIVER TO PALM DESERT MUNICIPAL CODE SECTIONS 9.58.010 AND 9.58.020 (CONSUMPTION/ POSSESSION OF ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY) FOR THE SALE AND CONSUMPTION OF ALCOHOL AT THE GALEN BUILDING AND SCULPTURE GARDEN FOR FISCAL YEAR 2022/23 RECOMMENDATION: 1. Approve a temporary waiver to Palm Desert Municipal Code Sections 9.58.010 and 9.58.020 (Consumption/Possession of Alcoholic Beverages on Public Property) for the Artists Council’s Opening Season Reception and up to twelve (12) special events for fiscal year 2022/23. 2. Authorize the City Manager to execute the California Department of Alcoholic Beverage Control documents or other documents to effectuate the action herein, as required. AGENDA Thursday, August 25, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 of 11 L. SECOND READING AND ADOPTION OF ORDINANCE NO. 1385 RESCINDING ORDINANCE NO. 1266A, AND AMENDING SECTION 10.36.010 OF TITLE 10 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO SPEED ZONES RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1385. M. APPROVE AN AGREEMENT WITH CARTEGRAPH SYSTEMS, LLC., FOR ASSET MANAGEMENT SOFTWARE IN THE AMOUNT OF $125,992.06 RECOMMENDATION: 1. Approve an agreement with Cartegraph Systems, LLC., for asset management software in the amount of $125,992.06. 2. Authorize the City Manager to approve change orders in an amount not to exceed $20,000. 3. Authorize the City Manager to execute said agreement and up to three, one-year contract amendments/extensions. N. RATIFY THE CITY MANAGER’S APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C40620 WITH PRO­CRAFT CONSTRUCTION IN THE AMOUNT OF $35,000 RECOMMENDATION: Ratify the City Manager’s approval of Change Order No. 1 to Contract No. C40620 with Pro-Craft Construction in the amount of $35,000. O. DECLARE LISTED VEHICLES AND EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZE STAFF TO SELL AT AUCTION OR DISPOSE AS NECESSARY RECOMMENDATION: Declare the vehicles and equipment listed in the staff report as surplus and authorize staff to sell said vehicles and equipment at auction or dispose as deemed necessary. P. AWARD A CONTRACT TO VECTOR RESOURCE, INC., DBA VECTOR USA, FOR THE INSTALLATION OF SECURITY CAMERAS AT VARIOUS CITY­OWNED FACILITIES IN THE AMOUNT OF $206,039.29 (PROJECT NO. 782­23) RECOMMENDATION: 1. Approve a contract to Vector USA for the installation of Security Cameras at various City-owned facilities in the amount of $206,039.29. 2. Authorize the Director of Finance to set aside a contingency amount of $20,000. 3. Authorize the City Manager or his designee to review and execute change orders up to the contingency amount for unanticipated conditions, per Section 3.30.170 Section A of Ordinance No. 1335. 4. Authorize the City Manager to execute the subject agreement. AGENDA Thursday, August 25, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 of 11 Q. APPROVE DESERT WINE FEST AT CIVIC CENTER PARK RECOMMENDATION: 1. Approve Desert Wine Fest at Civic Center Park, including temporary waiver of certain sections of the Municipal Code as follows: a. 11.01.20 (Hours of Use in City Parks); b. 11.01.140 (Amplified Sound in City Parks); c. 11.01.080 O (Placement of Advertising Signage in City Parks); d. 11.01.080 Q (Vendor Sales in City Parks); and e. 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040. 2. Approve modification to Item 30 of Desert Recreation District Application – Rental Requirements providing an increase to the general liability insurance requirement based on assessed risk to $2,000,000 / $4,000,000; and waiving the Worker’s Compensation Insurance requirement, as the organizer indicates there is no paid staff. R. APPROVE EXPENDITURE FOR MURAL INSTALLATION LOCATED AT 44700 SAN PABLO AVENUE RECOMMENDATION: 1. Approve expenditure in the amount of $8,500 for the installation of a mural located at 44700 San Pablo Avenue. 2. Authorize the City Manager to execute subject contracts related to this project as they become available. S. APPROVE THE PURCHASE OF POLY PARFAIT BY ARTIST E. TYLER BURTON FROM THE 2021/2022 EL PASEO SCULPTURE EXHIBITION IN THE AMOUNT OF $25,000 RECOMMENDATION: 1. Approve the purchase of Poly Parfait by artist E. Tyler Burton from the 2021/2022 El Paseo Sculpture Exhibition in the amount of $25,000, exclusive of taxes, for inclusion in Palm Desert’s permanent public art collection. 2. Authorize the City Manager to execute the subject contract. T. APPROVAL OF MARTHA’S VILLAGE & KITCHEN 2022 THANKSGIVING DAY 5K RECOMMENDATION: 1. Approve road closures on El Paseo between Highway 74 and Portola Avenue, for the Martha’s Village & Kitchen’s Thanksgiving Day 5K scheduled for November 24, 2022. 2. Permit the Consumption/Possession of Alcoholic Beverages on Public Property Pursuant to Palm Desert Municipal Code 9.58.040. AGENDA Thursday, August 25, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 7 of 11 U. APPROVAL OF THE 2022 PAINT EL PASEO PINK EVENT AND ROAD CLOSURE RECOMMENDATION: Approve road closures on El Paseo between Highway 74 and Portola Avenue, for the Desert Cancer Foundation’s annual Paint El Paseo Pink charitable walk on Saturday, October 8, 2022. V. APPROVAL OF THE 2022 PALM DESERT GOLF CART PARADE RECOMMENDATION: 1. Approve road closures on El Paseo between Highway 74 and Portola Avenue, for the Palm Desert Golf Cart Parade scheduled for Sunday, October 30, 2022. 2. Permit the sale, possession, and consumption of alcoholic beverages on Public Property Pursuant to Palm Desert Municipal Code 9.58.040. 3. Waive Palm Desert Municipal Code Section 11.01.140 – Amplified Sound. 4. Authorize the City Manager to execute any documents that may be necessary to facilitate the events and sponsorships to effectuate the actions taken herewith. W. AMENDMENT TO CONTRACTS WITH TRIPEPI SMITH AND ASSOCIATES FOR RANKED CHOICE VOTING AND ADVISORY MEASURE B INFORMATIONAL CAMPAIGN SERVICES RECOMMENDATION: 1. Approve Amendment No. 1 to Contract A43030 with Tripepi Smith and Associates for informational campaign services related to Ranked Choice Voting for a total amount not to exceed $86,530. 2. Approve Amendment No. 1 to Contract C43070 with Tripepi Smith and Associates for informational campaign services related to Advisory Measure B for a total amount not to exceed $75,080. 3. Authorize the City Attorney to prepare and the City Manager to execute the Contract Amendments. 4. Provide feedback on the draft mailer and other content related to Advisory Measure B. X. APPROVE THE DONATION OF ONE (1) EL PASEO COURTESY CART TO THE DESERT RECREATION DISTRICT AND ONE (1) EL PASEO COURTESY CART TO THE LIVING DESERT RECOMMENDATION: 1. Approve the donation of the City-owned standard Courtesy Cart to the Desert Recreation District. 2. Approve the donation of the City-owned ADA compliant Courtesy Cart to The Living Desert. 3. Authorize the City Manager to negotiate and execute all documents related to the donation. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. AGENDA Thursday, August 25, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 8 of 11 2. ACTION CALENDAR: The public may comment on individual Action Items within the three- minute time limit. Speakers may utilize one of the three options listed on the last page of the agenda. A. INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 11 (PARKS) OF THE PALM DESERT MUNICIPAL CODE AS RELATED TO USE OF PARK FACILITIES AND ADOPT A RESOLUTION TO APPROVE AN ADMINISTRATIVE POLICY FOR USE OF CITY­ OWNED FACILITIES RECOMMENDATION: 1. Waive further reading and pass to second reading an Ordinance amending Title 11 (Parks) of the Palm Desert Municipal Code as Related to Use of Park Facilities. 2. Adopt a Resolution to approve an Administrative Policy for Use of City-owned Facilities. B. AWARD A CONTRACT TO INTERWEST CONSULTING GROUP, INC., FROM PERRIS, CALIFORNIA, FOR PLANNING AND DESIGN SERVICES FOR THE NORTH SPHERE REGIONAL PARK IN THE AMOUNT OF $1,230,095 RECOMMENDATION: 1. Award a Contract to Interwest Consulting Group, Inc., from Perris, California, for Planning and Design Services for the North Sphere Regional Park in the amount of $1,230,095. 2. Authorize the Director of Finance to set aside a contingency amount of $100,000. 3. Appropriate $500,000 from the Restricted Capital Fund 451 to the appropriate capital improvement account. 4. Authorize the City Manager or designee to review and approve written contract amendment and change order requests for unanticipated conditions up to the contingency amount. 5. Authorize the Mayor to execute said agreement. C. AWARD A CONTRACT TO RED HAWK SERVICES, INC., OF PERRIS, CALIFORNIA, FOR THE NORTH SPHERE WIND FENCE INSTALLATION IN THE AMOUNT OF $311,696 (PROJECT NO. 767­22) RECOMMENDATION: 1. Award Contract No. C43400 to Red Hawk Services, Inc., of Perris, California for the North Sphere Wind Fence Installation in the amount of $311,696. 2. Authorize the Director of Finance to set aside a contingency for unforeseen conditions in the amount of $30,000. 3. Appropriate $341,696 from unobligated General Fund Reserves to the Capital Improvement Fund. 4. Authorize the City Manager or designee to review and approve written change order requests for the use of contingency for unanticipated conditions within the approved contingency amount. 5. Authorize the City Manager to execute the subject agreement. AGENDA Thursday, August 25, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 9 of 11 D. CONSIDERATION OF A RESOLUTION TO IMPLEMENT THE CLASSIFICATION AND COMPENSATION STUDY, APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE PALM DESERT EMPLOYEES’ ORGANIZATION (PDEO) FOR A COST­OF­LIVING ADJUSTMENT OF 3% OR A LUMP SUM PAYMENT UP TO $3,500, AND APPROVE A COST­OF­LIVING ADJUSTMENT OF 3% OR A LUMP SUM PAYMENT UP TO $3,500 FOR CONFIDENTIAL EMPLOYEE GROUP RECOMMENDATION: 1. Adopt a resolution adopting authorized classifications, allocated positions, salary schedule, and salary ranges as determined by the classification and compensation study and rescinding Resolution No. 2022-61. 2. Approve an MOU between the City of Palm Desert and PDEO for a Cost-of-Living Adjustment (COLA) of three percent (3%) or a lump sum payment of $3,500 for the Palm Desert Employees Organization (PDEO) Group, effective July 1, 2022. 3. Approve a COLA of three percent (3%) or a lump sum payment of $3,500 for the Confidential Employees, effective July 1, 2022. 4. Authorize the City Manager to take all actions necessary to implement the approved COLA or lump sum payment for Confidential Employees and the PDEO Groups. E. ADOPT COUNTY OF RIVERSIDE TRAFFIC IMPACT ANALYSIS GUIDELINES FOR LEVEL OF SERVICE AND VEHICLE MILES TRAVELED, AND COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ACTIVE TRANSPORTATION DESIGN GUIDELINES RECOMMENDATION: 1. Adopt a Resolution adopting County of Riverside guidelines for level of service and vehicle miles traveled for the City of Palm Desert. 2. Adopt a Resolution adopting Coachella Valley Association of Governments Active Transportation Design Guidelines for the City of Palm Desert. F. ADOPT A RESOLUTION DECLARING 73420 DINAH SHORE DRIVE, PALM DESERT, EXEMPT SURPLUS LAND, FOR PURPOSES OF THE SURPLUS LAND ACT RECOMMENDATION: Adopt a Resolution declaring 73420 Dinah Shore Drive, Palm Desert, Exempt Surplus land, for purposes of the Surplus Land Act. G. ADOPT A RESOLUTION TO APPROVE AN ENVIRONMENTAL INITIATIVES PLAN RECOMMENDATION: Adopt Resolution approving an Environmental Initiatives Plan. AGENDA Thursday, August 25, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 10 of 11 H. APPROVE THE PURCHASE OF ONE ELECTRIC MINI STREET SWEEPER AND ONE FORKLIFT FOR THE TOTAL AMOUNT OF $329,854.24 RECOMMENDATION: 1. Authorize the purchase of an electric mini street sweeper from Haaker/Total Clean in the amount of $239,584. 2. Authorize the purchase of a forklift from Sonsray Machinery in the amount of $90,270.24. 3. Authorize the finance department to appropriate $130,000 from unobligated equipment replacement fund to Equipment Replacement Account No. 5304310- 4403000. 4. Authorize the City Manager to approve documents related to the purchase of the fleet and equipment. I. CONSIDERATION OF OPTIONS AND PROVIDE STAFF DIRECTION ON THE ESTABLISHMENT OF AN ABSENTEE LANDLORD PROPERTY REGISTRATION PROGRAM RECOMMENDATION: Staff seeks City Council direction on one of the following options regarding an Absentee Property Owner Registration Program: 1. Create a mandatory [or voluntary] Absentee Landlord Program for single-family and duplex properties in non-gated communities based on the examples summarized in Table 1. 2. Create a mandatory [or voluntary] Absentee Landlord and Unoccupied Residence Responsible Persons Voluntary Registration Program for single-family and duplex properties in non-gated communities based on the examples in Table 1 and Table 2. 3. Not create any mandatory or voluntary registration program. 3. PUBLIC HEARINGS: None INFORMATION ITEMS ADJOURNMENT AGENDA Thursday, August 25, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 11 of 11 THREE OPTIONS FOR PARTICIPATING IN THE MEETING OPTION 1: PARTICIPATE BY E­MAIL Send your comments by email to: CouncilMeetingComments@cityofpalmdesert.org. E-mails received prior to noon on the day of the City Council 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 at the meeting. OPTION 2: PARTICIPATE LIVE VIA ZOOM 1. Access via 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: PARTICIPATE LIVE VIA TELEPHONE 1. Dial any of the following: (669) 900-9128 or (213) 338-8477 or (669) 219-2599. 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 started. 5. During the meeting, press *9 to add yourself to the queue and wait for the Mayor or City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes. ___________________________________________________________________________ PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, City Hall, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.cityofpalmdesert.org by clicking “Council Agenda” at the top of the page. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. ___________________________________________________________________________ AFFIDAVIT OF POSTING I, Niamh M. Ortega, Deputy 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 and City website www.palmdesert.org no less than 72 hours prior to the meeting. /S/ Níamh M. Ortega Deputy City Clerk