HomeMy WebLinkAbout2022-06-23 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)
MINUTES
Thursday, June 23, 2022
CLOSED SESSION: 3:00 P.M.
CALL TO ORDER
The meeting was called to order at 3:00 p.m. with all members of the City Council present.
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
• None.
RECESS TO CLOSED SESSION
Seeing no public comment, the City Council adjourned to Closed Session at 3:01 p.m.
CLOSED SESSION AGENDA
A. Closed Session Meeting Minutes: June 9, 2022
B. 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.
C. Conference with Labor Negotiators pursuant to Government Code Section 54957.6:
City Negotiator(s): Todd Hileman, City Manager
Employee Organization: Palm Desert Employee Organization
D. Conference with Legal Counsel regarding existing litigation pursuant to Government Code
Section 54956.9(d)(1):
Kimberly G Kilgo v. City of Palm Desert
Case No. CVPS21020745 Superior Court of the State of California, County of Riverside
MINUTES Thursday, June 23, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
4:00 P.M. REGULAR MEETING
ROLL CALL
Present:
Councilmember/Director/Member Kathleen Kelly
Mayor Pro TemNice Chair/Vice Chairman Sabby Jonathan •
Councilmember/Director/Member Gina Nestande
Councilmember/Director/Member Karina Quintanilla
Mayor/Chair/Chairman Jan C. Harnik
Also Present:
Todd Hileman, City Manager/Executive Director
Robert W. Hargreaves, City Attorney
Andrew Firestine, Assistant City Manager
Veronica Chavez, Director of Finance
Anthony J. Mejia, City Clerk
Niamh M. Ortega, Deputy City Clerk
PLEDGE OF ALLEGIANCE: Councilmember Gina Nestande
INSPIRATION/INVOCATION: Mayor Jan C. Harnik
REPORT OF CLOSED SESSION:
City Attorney Hargreaves reported that the City Council provided direction to staff but did not
take any reportable action.
AWARDS, PRESENTATIONS, AND APPOINTMENTS:
A. Presentation on a proposal relative to Eisenhower Health Child Care Center
The City Council received a presentation relative to a proposed child care center for the
staff employed at Eisenhower Medical Center.
CITY MANAGER COMMENTS
City Manager Hileman introduced Public Affairs Manager Soule who reported on various
events in and around Palm Desert.
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
Councilmember Kelly shared an update from Sunline Transit Agency relative to planned usage
of$22 million in grants recently received.
II
Page 2 of 15
MINUTES Thursday, June 23, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Mayor Harnik noted her attendance at various conferences. She requested an urgency item to
be added to the agenda, to be added as Item 1 V on the consent calendar. This item is
addressed under"Consent Items Held Over", Item 1 V.
URGENCY ITEM: AUTHORIZE THE ISSUANCE OF A LETTER OF SUPPORT FOR
SENATE BILL 1338 — COMMUNITY ASSISTANCE, RECOVERY AND
EMPOWERMENT (CARE) COURT LETTER
Main Motion: By a 2/3 vote, make the findings that the matter of a letter of support for
Senate Bill 1338 came to the attention of the City after the posting of the
agenda and that there is a need to take immediate action, to be added as
Consent Item 1 V.
Moved by: Nestande/Kelly
Vote and Action: .5 Yes/0 No. Motion',Carried" - -" -
NON-AGENDA PUBLIC COMMENTS
Mr. Brad Anderson, Rancho Mirage resident, spoke in opposition to the request from
Eisenhower Foundation for funding for a childcare center, in opposition to the request for
members of the public to supply their address for the record, and in opposition to the urgency
in item added and listed on the agenda as Consent Item 1 V.
II 1. CONSENT CALENDAR
A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
RECOMMENDATION: Approve the Minutes of May 26, 2022.
B. APPROVAL OF WARRANTS
RECOMMENDATION: Approve the warrants issued for the period of 05/31/2022 to
06/10/2022.
C. APPLICATIONS FOR AN ALCOHOLIC BEVERAGE LICENSE FOR:
1. CASTILLO SON'S CORPORATION DBA KATRINA'S URBAN CANTINA, 73155
HIGHWAY 111 STE B
2. GIOGEN RESTAURANT GROUP, LLC., DBA BACKSTREET BISTRO, 44489
TOWN CENTER WAY STE D224
3. RAGLE BROS, INC., DBA GUADALAJARA CAFE & BAR, 74478 HIGHWAY 111
#C
RECOMMENDATION: Receive and file.
Page 3 of 15
MINUTES Thursday, June 23, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
D. RESOLUTION NO. 2022-49: 2022 BIENNIAL NOTICE FOR CITY STAFF TO REVIEW
THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM
ACT
RECOMMENDATION: Adopt Resolution No. 2022-49 directing staff to review the
Conflict of Interest Code and submit the 2022 Biennial Notice as required under the
Political Reform Act.
E. APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C35520F (SAN PABLO
PHASE 1 ROUNDABOUT SCULPTURE)
This item was removed for separate consideration under"Consent Items Held Over".
F. AWARD CONTRACT NO. C43330 TO WATERLINE TECHNOLOGIES, INC., FROM
SANTA ANA, CALIFORNIA, FOR CHEMICAL ACQUISITION SERVICES IN THE
ESTIMATED ANNUAL AMOUNT OF $119,248 (PROJECT NO. 883-J23)
RECOMMENDATION:
1. Award Contract No. C43330 to Waterline Technologies, Inc., (Wterline) from Santa
Ana, California, for Chemical Acquisition Services in the estimated annual amount of
$119,248.
2. Authorize the City Manager or designee to review and approve written contract
amendment and change order requests for unanticipated conditions in an additional
amount not to exceed $15,000 annually.
3. Authorize the City Manager to execute the subject agreement.
G. CONSIDERATION OF WAIVER OF FACILITY USE FEES FOR THE USE OF CIVIC
CENTER PARK SAND VOLLEYBALL COURTS FOR FALL SEMESTER OFF-
SEASON TRAINING FOR COLLEGE OF THE DESERT BEACH VOLLEYBALL
PROGRAM
RECOMMENDATION: Approve a fee waiver of facility use fees for the use of the Civic
Center Park sand volleyball courts for Fall semester off-season training for College of
the Desert beach volleyball program.
H. ACCEPT CONTRACT NO. C42850 FOR THE PALM DESERT AQUATIC CENTER
RESURFACING AND LIGHTING REPLACEMENT PROJECT AS COMPLETE AND
AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION
I
RECOMMENDATION:
1. Accept the Palm Desert Aquatic Center Resurfacing and Lighting Replacement
Project as complete.
2. Authorize the City Clerk to file the Notice of Completion.
Page 4 of 15
MINUTES Thursday, June 23, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
I. AWARD CONTRACT NO. C43340 TO CHRISP COMPANY OF CHINO, CALIFORNIA,
FOR CONSTRUCTION OF PD LINK PHASE I CLASS. III BICYCLE FACILITIES &
HAYSTACK ROAD TRAFFIC CALMING AND SAFETY IMPROVEMENTS PHASE I IN
THE AMOUNT OF $389,120 (PROJECT NO. 708-20 & 667-21)
RECOMMENDATION:
1. Award Contract No. C43340 to Chrisp Company of Chino, California, for the
construction of PD Link Phase I Class III Bicycle Facilities & Haystack Road Traffic
Calming and Safety Improvements Phase I in the amount of$389,120.
2. Authorize the Director of Finance to set aside a contingency for unforeseen
conditions in the amount of$40,000.
3. Authorize the City Manager or designee to review and approve written requests for
the use of the contingency for unforeseen conditions up to the contingency amount.
4. Authorize the City Manager or designee to execute the agreement.
J. AWARD CONTRACT NO. C43350 TO CROSSTOWN ELECTRICAL & DATA, INC., OF
IRWINDALE, CALIFORNIA, FOR CONSTRUCTION OF MONTEREY AVENUE AND
FRED WARING DRIVE INTERSECTION MODIFICATIONS & HIGHWAY 74 AND
HAYSTACK ROAD INTERSECTION MODIFICATIONS IN THE AMOUNT OF $213,483
(PROJECT NOS. 567-21 & 662-21)
RECOMMENDATION:
1. Award Contract No. C43350 to Crosstown Electrical & Data, Inc., of Irwindale,
California for the Monterey Avenue and Fred Waring Drive Intersection
Modifications & Highway 74 and Haystack Road Intersection Modifications in the
amount of$213,483.
2. Authorize the Director of Finance to set aside a contingency for unforeseen
conditions in the amount of$21,300.
3. Authorize the City Manager or designee to review and approve written requests for
the use of the contingency for unforeseen conditions up to the contingency amount.
4. Authorize the City Manager or designee to execute the agreement.
K. AWARD CONTRACT NO. C43080 IN THE AMOUNT OF $446,370 TO SUPERIOR
PAVEMENT MARKINGS, INC., OF CYPRESS, CALIFORNIA, FOR 2022 CITYWIDE
RESTRIPING (PROJECT NO. 564-22)
RECOMMENDATION:
1. Award Contract No. C43080 to Superior Pavement Markings, Inc., of Cypress,
California, in the amount of$446,370.
2. Authorize the Director of Finance to set aside a contingency for unforeseen
conditions in the amount of$25,000.
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.
4. Authorize the City Manager to execute said agreement.
Page 5 of 15
MINUTES Thursday, June 23, 2022
City Council, Successor Agency to the Palm Desert .
Redevelopment Agency, and Housing Authority Meeting
1
L. ADOPTION OF RESOLUTION NO. SA-RDA-094 OF THE BOARD OF THE
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
(SARDA) APPROVING A TEMPORARY RETENTION BASIN AND CONSTRUCTION
EASEMENT AGREEMENT BY AND BETWEEN SARDA, AS GRANTOR, AND
UNIVERSITY PARK INVESTOR, LLC, AS GRANTEE, IN CONNECTION WITH
PROPERTY OWNED BY SARDA LOCATED NORTH OF FRANK SINATRA DRIVE
AND EAST OF PORTOLA AVENUE IN THE CITY OF PALM DESERT; FINDING THAT
THE EASEMENT AGREEMENT IS NOT SUBJECT TO THE SURPLUS LAND ACT;
AND TAKING RELATED ACTIONS (SA)
RECOMMENDATION:
I
1. Adopt Resolution No. SA-RDA-094 of the Board of the Successor Agency to the
Palm Desert Redevelopment Agency approving a temporary retention basin and
construction easement agreement by and between the Successor Agency to the
Palm Desert Redevelopment Agency, as grantor, and University Park Investor, LLC,
as grantee, in connection with property owned by the Successor Agency to the Palm
Desert Redevelopment Agency located north of Frank Sinatra Drive and East of
Portola Avenue in the City of Palm Desert; finding that the easement agreement is
not subject to the Surplus Land Act; and taking related actions (the "Resolution").
2. Authorize staff to submit a copy of the Resolution to the County Oversight Board for
Riverside County (the "Oversight Board").
3. Authorize the Executive Director and staff, in consultation with SARDA legal
counsel, to take any other actions including making minor changes to the agreement
they deem appropriate or necessary to effectuate the purposes of the Resolution,
subject the agency Director and Counsel.
I
M. AWARD CONTRACT NO. C43360 TO GOLD ARC, INC., DBA PASCO DOORS, OF
POMONA, CALIFORNIA, FOR CITY HALL SECURITY DOOR IMPROVEMENTS IN
THE AMOUNT OF $218,500 (PROJECT NO. 770-23)
RECOMMENDATION:
1. Award Contract No. C43360 to Gold Arc, Inc., dba Pasco Doors, of Pomona,
California, for City Hall Security Door Improvements in the amount of$218,500.
2. Authorize the Director of Finance to set aside a contingency for unforeseen
conditions in the amount of$20,000.
3. 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.
4. Authorize the City Manager to execute the subject agreement.
1
N. SUBMISSION OF A LETTER OF OPPOSITION FOR ASSEMBLY BILL 1778
REGARDING STATE TRANSPORTATION FUNDING: FREEWAY PROJECTS:
POVERTY AND POLLUTION: DEPARTMENT OF TRANSPORTATION
RECOMMENDATION: Approve the submission of a letter of opposition for Assembly
Bill 1778 regarding state transportation funding: freeway projects; poverty and pollution:
Department of Transportation.
Page 6 of 15
MINUTES Thursday, June 23, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
O. ACCEPT OFF-SITE IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE
AND THE LABOR AND MATERIALS BONDS, AND ACCEPT A MAINTENANCE
BOND FOR EL PASEO MARKETPLACE
RECOMMENDATION:
1. Accept off-site improvements for El Paseo Marketplace.
2. Release the Faithful Performance Bond in the amount of$23,500.80 and Labor and
Materials Bond in the amount of$11,750.40.
3. Accept the Maintenance Bond in the amount of$2,350.08.
P. APPROVE CONTRACT NO. C43370 WITH FG CREATIVE, INC., FOR ADVERTISING
SERVICES FOR THE EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT
RECOMMENDATION:
1. Approve the award of Contract No. C43370 to FG Creative, Inc., from July 01, 2022,
through June 30, 2025, in the amount of$250,000, including $42,000 for advertising
consulting services for the El Paseo Business Improvement District and a
reimbursement in an amount not-to-exceed $208,000 for advertising production.
2. Authorize the City Attorney to make non-substantive changes to the contract and
the City Manager to execute the agreement on behalf of the City.
Q. AUTHORIZE THE INFORMATION SYSTEMS DEPARTMENT TO USE THE VENDOR
LIST FOR TECHNOLOGY EQUIPMENT PURCHASES IN AN AGGREGATE AMOUNT
NOT TO EXCEED $75,000
RECOMMENDATION: Approve the Information Systems Department Vendor List for
technology equipment purchases in an aggregate amount not to exceed $75,000 and
authorize City Manager to execute agreements.
R. APPROVAL OF A PUBLIC SAFETY VENDORS LIST FOR EQUIPMENT REPAIRS,
EQUIPMENT PURCHASES, AND SPECIALTY SERVICES UTILIZED BY THE PALM
DESERT POLICE AND FIRE DEPARTMENTS IN FY 2022/23
RECOMMENDATION:
1. Approve and authorize staff to use vendors on the Palm Desert Public Safety
Vendors List.
2. Approve an exception to the purchasing requirements as approved by
Section 2.20.160(C)(D)(H) of the Palm Desert Municipal Code for Fiscal Year
2022/23.
Page 7 of 15
a
MINUTES Thursday, June 23, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
S. APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C37610 WITH WILLDAN
FINANCIAL SERVICES FOR COMPREHENSIVE USER FEE STUDY AND COST
ALLOCATION PLAN
RECOMMENDATION:
1. Approve Amendment No. 1 to Contract No. C37610 with Willdan Financial Services
for Comprehensive User Fee Study and Cost Allocation Plan.
2. Authorize the City Manager or designee to review and approve written contract '
amendment and change order requests for unanticipated conditions in an additional
amount not to exceed $15,000.
3. Authorize the City Manager to execute the subject agreement.
T. AWARD CONTRACT NO. C43210 TO PS COMMERCIAL PLAY DBA PLAY AND
PARK STRUCTURES FOR THE CIVIC CENTER PARK FITNESS, SHADE &
FURNISHINGS IMPROVEMENTS PROJECT, IN THE AMOUNT OF $207,954.25
(PROJECT NO. 718-22)
RECOMMENDATION:
1. Award Contract No. C43210 to PS Commercial Play LLC d a Play and Park
Structures, of Chattanooga, Tennessee, in the amount of $207,954.25 for the Civic
Center Park Fitness, Shade & Furnishings Improvements Project (Project No. 718-
22).
2. Authorize the Director of Finance to set aside a 10% contingency in the amount of
$20,795.
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 Mayor to execute the subject agreement.
U. APPOINT AND REAPPOINT APPLICANTS TO THE CITY OF PALM DESERT'S
ESTABLISHED COMMITTEES AND COMMISSIONS
RECOMMENDATION: Appoint or reappoint the following individuals to serve on the
City of Palm Desert's committees and commissions for the term of Ju'y 1, 2022, through
June 30, 2026, except as noted:
1. Building Board of Appeals: Karel Lambell
2. Cultural Arts: Elizabeth Hauer, Jeffrey Wallach, Thomas Mitze (filling a vacancy
through June 30, 2023)
3. Finance Committee: Robert J. Leo
4. Homelessness Taskforce: Matt Johnson (filling a vacancy through June 30, '2023),
Scott Marks (alternate)
5. Housing Commission: Dennis Guinaw, Van Tanner (filling a vacancy through June
30, 2025), Blair Armstrong (filling a vacancy through June 30, 2023)
6.. Marketing Committee: Franchesca Forrer, Jeffrey Norman, Brian Simpson
7. Planning Commission: Ronald Gregory
8. Public Safety Commission: Evan Trubee (filling a vacancy through;June 30, 2025)
9. Resource Preservation & Enhancement: Dennis Guinaw, Evan Trubee
Page 8 of 15
MINUTES Thursday, June 23, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
10.Parks & Recreation Commission: John Maldonado, David O'Donnell
Main Motion: Approve the consent calendar, excluding Items 1E and 1V, which were
removed for separate consideration.
Moved by: Nestande/Quintanilla
Vote and Action: 5 Y'es/O'.No. Motion Carried '
CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate
discussion are considered at this time.
1 E. APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C35520F (SAN
PABLO PHASE 1 ROUNDABOUT SCULPTURE)
Main Motion: 1. Approve Change Order No. 1 in the amount of $70,000 to Contract No.
C35520F (San Pablo Phase 1 Roundabout Sculpture).
2. Authorize execution of change order.
Moved by: Kelly/Nestande _
Vote and Action: 4 Yes%1 No-(Jonathan). Motion Carried
1V. URGENCY ITEM: AUTHORIZE THE ISSUANCE OF A LETTER OF SUPPORT FOR
SENATE BILL 1338 — COMMUNITY ASSISTANCE, RECOVERY AND
EMPOWERMENT (CARE) COURT LETTER
Main Motion: Authorize the Mayor to sign a letter of support for Senate Bill 1338,
Community Assistance, Recovery, and Empowerment (CARE) Court.
Moved by: Quintanilla/Nestande
Vote and Action: 5 Yes/0 No. Motion' Carried, .
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. ADOPTION OF RESOLUTION NOS. 2022-50, -51, -52 AND -53, CALLING THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022,
SUBMITTING AN ADVISORY MEASURE RELATING TO CITY COUNCIL DISTRICTS
TO THE VOTERS, ORDERING SERVICES, AND ADOPTING REGULATIONS FOR
CANDIDATE STATEMENTS
Main Motion: Adopt four (4) resolutions (Resolution Nos. 2022-50, -51, -52, and -53) to:
call the General Municipal Election to be held on November 8, 2022, for
the purpose of electing two (2) Members of City Council nominated from
District 2 for a full term of four years each using ranked choice voting and
to submit to the voters one (1) advisory measure relating to City Council
districts; requesting the Riverside County Board of Supervisors to
consolidate the General Municipal Election with the Statewide General
Page 9 of 15
MINUTES Thursday, June 23, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Election; directing the City Attorney to prepare an impartial analysis and
establishing a process for the filing of written arguments and rebuttals
relative to the advisory measure; and adopting regulations pertaining to
candidate statements.
Moved by: Kelly/Nestande
Vote and Action: .4 Yes/1 No (Jonathan). Motion Carried L; f
B. AUTHORIZE REQUEST FOR PROPOSAL FOR DISCOVER PALM DESERT AND
APPROPRIATE ADDITIONAL FUNDING IN THE AMOUNT OF $1,800,000 FROM THE
GENERAL FUND RESERVE FOR FINAL DESIGN AND CONSTRUCTION OF
DISCOVER PALM DESERT
Main Motion: 1. Authorize staff to release Request(s) for Proposals ,for the preparation
of construction drawings, necessary California Environmental Quality
Act (CEQA) analysis, engineering services, and other services
associated with the final design and construction of Discover Palm
Desert.
2. Appropriate $1,800,000 of Unobligated General Fund Reserves for the
construction of a new Discover Palm Desert. $1,200,000 has been set
aside in Capital Bond Fund Account Number 45144,09-4400100.
Moved by: Quintanilla/Nestande Vote and Action: 5 Yes/0 No. Motion Carried_
C. REQUEST FOR DIRECTION REGARDING RECOMMENDED PRIORITIES AND
PROGRAM BUDGET FOR DEVELOPMENT SERVICES LOBBY RENOVATIONS
(PROJECT NO. 727-20)
Main Motion: Provide City staff direction regarding which recommended priorities and
program budget to proceed with for the Development Services Lobby
Renovation.
Moved by: Nestande/Quintanilla
Vote and Action: 5 Yes/0.No. Motion"Carried _ "
D. CONSIDERATION TO EXTEND A PROFESSIONAL SERVICES AGREEMENT NO.
C43380 WITH COLDWELL BANKER RICHARD ELLIS (CBRE) !FOR SERVICES
RELATED TO A DEVELOPER'S FORUM FOR THE SHOPS AT! PALM DESERT,
FORMERLY WESTFIELD PALM DESERT, LOCATED AT 72-840 HIGHWAY 111
Main Motion: Approve Agreement No. C43380 with CBRE for services related to a
developer's forum in the amount of $117,000 for a potential partnership
with the City and master developer to collaborate on the redevelopment
(C42480) of The Shops at Palm Desert mall, formerly Westfield Palm
Desert.
Moved by: Nestande/Quintanilla
Vote and Action: 5 Yes%0 No MotionµCarriedy '
Page 10of15
MINUTES Thursday, June 23, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
E. REVIEW AND APPROVE OUTSIDE AGENCY FUNDING FOR FISCAL YEAR
2022/2023
Main Motion: 1. Approve the award of outside agency contributions in the amount of
$186,000 to the agencies listed herein with associated restrictions and
conditions, including confirmation of event prior to distribution, if
applicable.
2. Authorize the Finance Director to consider alternative requests during
the year provided the request is consistent with the original request.
3. Pending approval of the FY 2022/23 City of Palm Desert Financial Plan,
authorize the City Manager to execute any documents necessary to
effectuate the actions taken herewith.
Moved by: Kelly/Nestande _ _
Vote and Action: 5 Yes/0 No. Motion Carried ' ;_
F. AWARD CONTRACT NO. C43130 FOR CONSTRUCTION OF THE COOK STREET
REHABILITATION PROJECT (PROJECT NO. 752-21)
Main Motion: 1. Award Contract No. C43130, including bid alternate #1, in the amount
of $5,267,038 to Matich Corporation of San Bernardino, California, for
the Cook Street Rehabilitation Project.
2. Authorize the Director of Finance to set aside a 10% contingency in the
amount of$526,704.
3. 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.
4. Authorize the Cit Mana•er to execute the Agreement.
Moved by: Kelly/Quintanilla
Vote and Action: 5 Yes/0 No. Motion Carried, ,
G. AWARD MARKETING SERVICES CONTRACT NO. C43390 TO IDEA PEDDLER, LLC
Main Motion: 1. Concur with the Marketing Committee's recommendation and award a
three-year Contract No. C43390 with two possible one-year renewals to
Idea Peddler, LLC in the annual amount of $640,000, which includes
$616,000 for marketing services, reimbursement in an amount not to
exceed $24,000 for travel costs, plus a one-time budget of $30,000 for
qualitative market research for a total budget of$670,000 for year one.
2. Authorize the City Attorney to make non-substantive changes to the
contract and the City Manager to execute the contract on behalf of the
City.
Moved by: Nestande/Kelly
Vote and Action: 5 Yes/0 No. Motion Carried.'
Page 11 of 15
ii
MINUTES Thursday, June 23, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
H. AUTHORIZE REQUEST FOR PROPOSAL FOR LUPINE PLAZA AND APPROPRIATE
FUNDING IN THE AMOUNT OF $4,000,000 FOR FINAL DESIGN AND
CONSTRUCTION
Ms. Cathy Green, 73100 El Paseo, spoke in opposition to Lupine Plaza.
Mr. Samuel Heaton, CODA Gallery, 73400 El Paseo, spoke in opposition to Lupine
Plaza.
Main Motion: 1. Authorize staff to release Request(s) for Proposals as required for
construction drawings, California Environmental Quality Act analysis,
engineering services, traffic study, and all other siervices associated
with the final design and construction of a permanent Lupine Plaza.
2. Appropriate $4,000,000 from General Fund Reserves in FY 2022/2023
for design and construction of a permanent Lupine Plaza.
3. Direct staff to seek grant funding for the design and construction of a
permanent Lupine Plaza.
Moved by: Quintanilla/Jonathan
Vote and Action: 45 Yes/0-No-.-Motion Carried ^
I. APPROVE ANNUAL COMPUTER SOFTWARE AND HARDWARE MAINTENANCE
FOR THE LISTED VENDORS IN THE ESTIMATED AMOUNT OF $810,000 AND
AUTHORIZE CITY MANAGER TO EXECUTE RENEWAL AGREEMENTS
Main Motion: 1. Approve annual computer software and hardware maintenance costs
for the listed vendors in the estimated amount of$810,000.
2. Authorize the Cit Mana•er to execute renewal agreements.
Moved by: Kelly/Nestande _
Vote and Action: 5 Yes/O,.No.'Motion.Carried
J. ADOPTION OF SARDA RESOLUTION NO. SA-RDA 095 DECLARING
APPROXIMATELY +/-1.342-ACRE PORTION OF APN 694-310-006 EXEMPT
SURPLUS LAND AND AUTHORIZING A PURCHASE AND SALE AGREEMENT WITH
THE CITY OF PALM DESERT WITH RESPECT TO THE PROPOSED SALE OF THE
PROPERTY, AND RELATED ACTIONS AND CITY COUNCIL RESOLUTION NO.
2022-54 AUTHORIZING THE PURCHASE AND SALE AGREEMENT, AND RELATED
ACTIONS (CC, SA)
Main Motion: 1. Waive further reading and adopt a Successor Agency SARDA
Resolution No. SA-RDA 095 finding that the real property owned by the
Successor Agency to the Palm Desert Redevelopment Agency
("SARDA") located in the City of Palm Desert South of Gerald Ford
Drive and West of Portola Road, identified as the approximate +/-1.342-
acre portion of APN 694-310-006 (the "Property") is exempt surplus
land pursuant to Government Code Sections 54221(B) and
54221(F)(1)(D), and authorizing the Executive Director to execute a
Purchase and Sale Agreement (the "PSA") by and between "SARDA",
Page 12 of 15
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' MINUTES Thursday, June 23, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
as seller, and the City of Palm Desert (the "City"), as purchaser, for the
Property . Such authorization is subject to approval of the PSA by the
Countywide Oversight Board of the County of Riverside (the "Oversight
Board") and, if required, the approval or deemed approval by the State
Department of Finance (the "DOF").
2. Waive further reading and adopt a City Council Resolution No. 2022-54
approving the PSA.
3. Authorize the sales price of the Property at its fair market value
($50,000) determined pursuant to the appraisal performed by
Novogradac Consulting, LLP, dated May 10, 2022.
4. Authorize the Executive Director/City Manager in consultation with
SARDA legal counsel/City Attorney, to make changes to the PSA as
they deem appropriate or necessary and are consistent with the
purpose of the proposed resolution and the PSA.
5. Authorize the Executive Director/City Manager and staff, in consultation
with SARDA legal counsel/City Attorney, to take any other actions they
deem appropriate or necessary and are consistent to effectuate the
purpose of the proposed resolutions and PSA.
6. Appropriate $50,000 from Unassigned General Fund Balance to
account number 4004950-4400100.
Moved by: Kelly/Quintanilla
Vote and Action: 5 Yes/0 No. Motion'Carried-7-V -_ ^ ~ " 7 - . :i
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.
A. APPROVE THE ENGINEER'S REPORT FOR, AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS WITHIN, CONSOLIDATED PALM DESERT
LANDSCAPING AND LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2022/2023
(RESOLUTION NOS. 2022-55 AND 2022-56)
Mayor Harnik opened the public hearing, and seeing no public comment, the hearing
was closed.
Main Motion: 1. Conduct the public hearing and receive public testimony.
2. Adopt Resolution No. 2022-55 granting final approval of the 2022/2023
Engineer's Report for Consolidated Palm Desert Landscaping and
Lighting District No. 1.
3. Adopt Resolution No. 2022-56 ordering the levy and collection of
annual assessments within Consolidated Palm Desert Landscaping and
Lighting District No. 1 for fiscal ear 2022/2023.
Moved by: Nestande/Jonathan
Vote and Action: 4VYes/1 No (Quintanilla). Motion Carried . V
Page 13 of 15
MINUTES Thursday, June 23, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
B. APPROVE THE ENGINEER'S REPORT, ORDER THE LEVY AND COLLECTION OF
• ASSESSMENTS WITHIN THE CITY OF PALM DESERT BENEFIT ASSESSMENT
DISTRICT NO. 1 FOR FISCAL YEAR 2022/2023 (RESOLUTION NO. 2022-57)
Mayor Harnik opened the public hearing, and seeing no public comment, the hearing
was closed.
Main Motion: 1. Conduct the public hearing and receive public testimony.
2. Adopt Resolution No. 2022-57 granting final approval of the Engineer's
Report, order the levy and collection of annual assessments within the
City of Palm Desert Benefit Assessment District No. 1 for Fiscal Year
• 2022/2023, pursuant to the provisions of The Benefit Assessment Act
of 1982.
Moved by: Kelly/Nestande
Vote and Action: ' 5 Yes/0 No.,Motion Carried T'
C. ADOPT RESOLUTION NO. 2022-58 DESIGNATING ROBERT K. OVERPECK HOUSE
LOCATED AT 45-656 MOUNTAIN VIEW AVENUE (APN 627-351-024) CASE NO.
CRPC 22-02 A HISTORIC LANDMARK DESIGNATION
Mayor Harnik recused herself due to a proximity conflict.
Mayor Pro Tem Jonathan opened the public hearing, and seeing no public comment,
the hearing was closed.
Main Motion: Waive further reading and adopt Resolution No. 202258 reaffirming the
action of the Cultural Resources Preservation Committee, designating the
Robert K. Overpeck House located on 45-656 Mountain View Avenue, with
a Historic Landmark Designation in accordance with Section 29.40.010 of
the Palm Desert Municipal Code (PDMC).
Moved by: Jonathan/Quintanilla
Vote and Action: 4 Yes/O.No/1 Recuse (Harnik),. Motion Carried
D. REQUEST FOR APPROVAL OF RESOLUTION NOS. 2022-59, 20221-60, 2022-61 AND
HA-108 RELATED TO THE ADOPTION OF THE FISCAL YEAR 2022/2023
FINANCIAL PLAN AND CAPITAL IMPROVEMENT PROGRAM (CC, SA, HA)
Mayor Harnik opened the public hearing, and seeing no public comment, the hearing
was closed.
•
Page 14 of 15
MINUTES Thursday, June 23, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Main Motion: 1. Conduct a Joint Public Hearing and accept public comment on the
proposed City and Housing Authority Financial Plan including the
Capital Improvement Program.
2. Waive further reading and adopt Resolution 2022-59 approving the
Financial Plan and Capital Improvement Program (CIP) for the Fiscal
Year July 1, 2022, through June 30, 2023, and authorizing the use of
General Fund reserves, to the extent needed, to cover any revenue
shortfall.
3. Adopt Resolution No. 2022-60 establishing the Appropriations Limit
for the Fiscal Year 2022/2023.
4. Waive further reading and adopt Resolution No. HA-108 approving
the Palm Desert Housing Authority Financial Plan for the Fiscal Year
July 1, 2022, through June 30, 2023.
5. Waive further reading and adopt Resolution No. 2022-61 approving
the Staffing Allocation and Salaries Resolution, setting the FY
2022/2023 Salary Schedules, Salary Ranges and Allocated
Classifications.
6. Approve Out-of-State Travel as listed in attached memorandum.
Moved by: Jonathan/Quintanilla
Vote and Action: 5 Yes/0.,No::Motion':,Carried `,`
INFORMATION ITEMS
None.
ADJOURNMENT
The City Council adjourned at 7:05 p.m.
J C. HAR
YOR/CHAIR/CHAIRMAN
ATTEST:
.7. ,j,,-,;-----:. ft. '-
NIAMH M: RTEGA. _�
DEPUTY.CITY CLER' �` ISTANT SECRETARY
Palm-Desert City Council
Successor-Agency to'the Palm Desert Redevelopment Agency
Housing Authority-
Page 15 of 15