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HomeMy WebLinkAbout00 Agenda 2022-09-15CITY 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, September 15, 2022 2:30 p.m. Study Session 3:00 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, September 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 2 of 8 CLOSED SESSION: 3:00 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: August 25, 2022 B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1. Property Description: 1.55 acres at southeast corner of Fred Waring Drive and San Pablo Avenue (APNs 627-101-002, 627-101-017, 627-101-033, 627-101-061, 627-101-062) Agency: City of Palm Desert City Negotiator: Todd Hileman/Eric Ceja Negotiating Parties: Chandi Enterprises, LLC Under Negotiation: Terms of Agreement and Payment C. Conference with Legal Counsel regarding Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)(2): Two (2) matters that, under the existing circumstances, the City Attorney believes create significant exposure to litigation. AGENDA Thursday, September 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 of 8 4:00 P.M. REGULAR MEETING ROLL CALL PLEDGE OF ALLEGIANCE: Councilmember Kelly INSPIRATION/INVOCATION: Mayor Pro Tem Jonathan REPORT OF CLOSED SESSION: City Attorney Hargreaves AWARDS, PRESENTATIONS, AND APPOINTMENTS: CITY MANAGER COMMENTS A. UPDATE ON MAINTENANCE ACTIVITIES – PUBLIC WORKS DEPARTMENT 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. 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 July 14, 2022. B. APPROVAL OF WARRANTS RECOMMENDATION: Approve the warrants issued for the period 08/19/2022 to 09/06/2022. C. APPROVAL OF FINDINGS RELATIVE TO AB 361 – REMOTE TELECONFERENCING RECOMMENDATION: Find 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. AGENDA Thursday, September 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 of 8 D. ACCEPT CONTRACT NO. C42450 AS COMPLETE FOR THE 2021 SLURRY SEAL PROJECT (PROJECT NO. 751­21) RECOMMENDATION: Accept Contract No. C42450 with American Asphalt South, Inc. of Riverside, California for the 2021 Slurry Seal Project as complete and authorize the City Clerk to file the Notice of Completion (Project No. 751-21). E. ACCEPT CONTRACT NO. C42330 AS COMPLETE FOR THE 2021 CATCH BASIN AND DRAIN CLEANING PROJECT (PROJECT 501­21) RECOMMENDATION: Accept Contract No. C42330 with United Storm Water, Inc. of Industry, California for the 2021 Catch Basin and Drain Cleaning Project as complete and authorize the City Clerk to file the Notice of Completion (Project No. 501-21). F. ADOPT A RESOLUTION ESTABLISHING REVISED DATES FOR REGULAR MEETINGS OF THE PALM DESERT HOMELESSNESS TASKFORCE FOR FISCAL YEAR 2022/23 RECOMMENDATION: Adopt a Resolution establishing dates for the regular meetings of the City’s Homelessness Taskforce for fiscal year 2022/23. G. INFORMATIONAL UPDATE REGARDING THE 2022 VETERANS DAY CELEBRATION RECOMMENDATION: Receive and file informational update regarding the 2022 Veterans Day Celebration. H. APPROVAL OF PALM DESERT CHARTER MIDDLE SCHOOL’S 2023 PANTHER 5K RECOMMENDATION: 1. Approve Palm Desert Charter Middle School’s Panther 5K scheduled for Sunday, January 22, 2023. 2. Approve road closures on El Paseo between Highway 74 and Portola Avenue. I. APPROVAL OF THE 2023 PALM DESERT HALF MARATHON AND 5K EVENT RECOMMENDATION: 1. Approve the 2023 Palm Desert Half Marathon and 5K scheduled for Sunday, February 12, 2023. 2. Approve the proposed event route and road closures. 3. Temporarily waive Palm Desert Municipal Code (PDMC) Section 11.01.140 (Amplified Sound). 4. Temporarily waive Palm Desert Municipal Code (PDMC) Section 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040. 5. Temporarily waive Palm Desert Municipal Code (PDMC) Section 11.01.080 (Prohibited Conduct Generally in City Parks, Item Q – Vendor Sales). AGENDA Thursday, September 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 of 8 J. CONSIDER REAPPOINTMENTS TO EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD RECOMMENDATION: Reappoint Sonia Campbell, Dennis Flaig-Moore, and Patrick Klein to a three-year term beginning July 1, 2022, through June 30, 2025, to the El Paseo Parking & Business Improvement District (EPPBID) Board of Directors. K. ADOPT A RESOLUTION APPROVING FINAL TRACT MAP NO. 37506­2 AND SUBDIVISION IMPROVEMENT AGREEMENTS WITH UNIVERSITY PARK INVESTOR, LLC RELATED TO UNIVERSITY PARK RECOMMENDATION: Adopt a Resolution approving Final Tract Map No. 37506-2 and Subdivision Improvement Agreements with University Park Investor, LLC related to University Park. L. APPOINTMENT OF APPLICANTS TO THE CITY OF PALM DESERT’S CIVIC ENGAGEMENT COMMITTEE AND CULTURAL ARTS COMMITTEE RECOMMENDATION: 1. Appoint Greg Akkerman, Brooke Beare-Stjerne, Emily Vogt, and David Scott Warmuth to the Civic Engagement Committee for a term ending June 30, 2024. 2. Appoint Anyse Smith, Marilyn Solomon, and Jonathan Stutz to the Civic Engagement Committee for a term ending June 30, 2026. 3. Appoint Ann Simley as an alternate member to the Cultural Arts Committee to fulfill a term ending June 30, 2023. M. AFFIRM APPROPRIATIONS ASSOCIATED WITH LEASE­PURCHASE AGREEMENTS FOR NECESSARY EQUIPMENT UPGRADES AT DESERT WILLOW IN PRIOR FISCAL YEAR RECOMMENDATION: 1. Affirm December 16, 2021, appropriation in the amount of $1,930,215.58 plus changes up to $96,510.78 for a total of $2,026,726.36 to Account Number 4414195-4809200 from unobligated Golf Course Capital Funds for the lease-purchase of Toro Equipment at Desert Willow. 2. Authorize an additional appropriation to cover price adjustment, in the amount of $25,163.68 to Account Number 4414195-4809200 from unobligated Golf Course Capital Funds for the Toro Equipment at Desert Willow. 3. Affirm December 16, 2021, appropriation in the amount of $1,575,438.84 to Account Number 4414195-4809200 from unobligated Golf Course Capital Funds for the lease- purchase of electric golf and utility carts from Club Car LLC at Desert Willow. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. AGENDA Thursday, September 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 of 8 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. CONSIDER IMPLEMENTATION OF THE PALM DESERT TURF REBATE PROGRAM IN PARTNERSHIP WITH THE COACHELLA VALLEY WATER DISTRICT (CVWD) AND APPROPRIATE $1,000,000 FROM THE UNOBLIGATED GENERAL FUND RESERVE RECOMMENDATION: 1. Consider the implementation of the Palm Desert Turf Rebate Program in partnership with the Coachella Valley Water District (CVWD). 2. Approve an appropriation of $1,000,000 from the Unobligated General Fund Reserve to Account No. 4004437-4391503 (Turf Retrofit). 3. Provide the City Manager conditional authorization to provide the program an additional $500,000 from the Unobligated General Fund Reserve to Account No. 4004437-4391503 (Turf Retrofit). 4. Authorize the City Manager to take all further actions to implement the program including waiving plan check and encroachment permit fees and approving/executing all associated agreement(s), approved as to form by the City Attorney. B. RECEIVE AND FILE INFORMATIONAL REPORT ON THE HISTORY OF CITY COUNCIL ACTIONS RELATED TO DESERT COMMUNITY ENERGY (DCE) AND PROVIDE STAFF WITH DIRECTION ON FUTURE ACTIONS RELATED TO DCE RECOMMENDATION: 1. Receive and file informational report on the history of City Council actions related to Desert Community Energy (DCE). 2. Provide staff with direction on future actions related to DCE. C. DIRECTION FOR A PROSPECTIVE REQUEST FOR PROPOSALS FOR A RAIL­ STATION FEASIBILITY STUDY RECOMMENDATION: 1. Confirm contents to include in a Request for Proposals (RFP) for a feasibility study to identify potential rail station locations within the City of Palm Desert. 2. Establish an ad hoc subcommittee to serve as a steering committee to work with the potential firm selected from the RFP process. AGENDA Thursday, September 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 7 of 8 D. APPROVE A CONTRACT AMENDMENT WITH HR GREEN PACIFIC IN THE AMOUNT OF $121,500 TO CONDUCT A FEASIBILITY AND MASTER PLAN STUDY FOR BROADBAND SERVICES RECOMMENDATION: 1. Approve Contract Amendment between HR Green Pacific and the City of Palm Desert in the amount of $121,500 to conduct a feasibility and master plan study for broadband services. 2. Establish and appoint members for a broadband ad-hoc subcommittee to aid in the development of the broadband feasibility and master plan study. 3. PUBLIC HEARINGS: The public may comment on individual Public Hearing Items within the three-minute time limit. The applicant or appellant will be provided up to five minutes to make their presentation. Speakers may utilize one of the three options listed on the last page of this agenda. None. INFORMATION ITEMS ADJOURNMENT AGENDA Thursday, September 15, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 8 of 8 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