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HomeMy WebLinkAbout2022-07-14 f<X,31-N. irl Ate; IAM,• Thursday, July 14, 2022 Minutes of the Regular Meeting of the Palm Desert City Council (CC), Successor Agency to the Palm Desert Redevelopment Agency(SARDA), and Housing Authority (HA) Pursuant to Assembly Bill 361,this meeting was conducted by teleconference and there was no in-person public access to the meeting location. CALL TO ORDER: A Regular Meeting of the Palm Desert City Council was called to order by Mayor Harnik on Thursday, July 14, 2022, at 2:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Harnik led the Pledge of Allegiance. ROLL CALL: . Present: Councilmembers Kathleen Kelly, Karina Quintanilla; Mayor Pro Tern Sabby Jonathan;and Mayor Jan Harnik Absent: Councilmember Gina Nestande. INSPIRATION/INVOCATION: Councilmember Quintanilla offered words of inspiration. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of July 14, 2022, was called to order by Mayor Harnik at 2:31 p.m., with all members except Councilmember Gina Nestande present. The meeting convened in Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda: A. CLOSED SESSION MEETING MINUTES: June 23, 2022 B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, pursuant to Government Code Section 54956.8: 1. Property Description: 72567 Highway 111 (APN 640-370-002 and 640-370-004) Agency: City of Palm Desert City Negotiator: Todd Hileman/Martin Alvarez Negotiating Parties: Artists Council Under Negotiation: Price and Terms CC, SARDA, & HA Meeting Minutes July 14, 2022 2. Property Description: 0.67 acres of City-owned property located at 73420 Dinah Shore Drive (APN 694-060-010) and 0.28 acres located at 72920 Dinah Shore Drive (APN 685-020-034) Agency: City of Palm Desert City Negotiator: Todd Hileman/Eric Ceja Negotiating Parties: Monterey Crossing, LLC Under Negotiation: Price and Terms 3. Property Description: Desert Willow Lot Pad B, Desert Willow Drive, south of Desert Willow Clubhouse (APN 620-400-008, 023) Agency: City of Palm Desert City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Negotiating Parties: Desert Wave Ventures, LLC Under Negotiation: Price and Terms 4. Property Description: Desert Willow Lot Pad B, Desert Willow Drive, south of Desert Willow Clubhouse (APN 620-420-024) Agency: Successor Agency to the Palm Desert Redevelopment Agency City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Negotiating Parties: Desert Wave Ventures, LLC Under Negotiation: Price and Terms 5. Property Description: Northeast corner of Frank Sinatra Drive and Portola Avenue — 170- acre site (APNs 694-200-007, 011 012, 022) Agency: Successor Agency to the Palm Desert Redevelopment Agency City Negotiator: Todd Hileman/Martin Alvarez Negotiating Parties: N/A Under Negotiation: Price and Terms 6. Property Description: Dinah Shore and Gerald Ford — 27-acre North Sphere Park Site (APNs 694-120-029, 031) Agency: City of Palm Desert City Negotiator: Todd Hileman/Martin Alvarez Negotiating Parties: N/A Under Negotiation: Price and Terms 7. Property Description: 72-880 Highway 111, Palm Desert (APN 640-120-020) Agency: City of Palm Desert City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Negotiating Parties: Seritage SRC Finance Under Negotiation: Price and Terms C. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION, pursuant to Government Code Section 54956.9(d)(1): 1. Monsanto Class Action Settlement related to City of Long Beach et al. v Monsanto Company et al. City of Palm Desert Page 2 • CC, SARDA, & HA Meeting Minutes July 14, 2022 D. 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. E. 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 City Attorney Hargreaves stated that a presentation was scheduled from Sheriff's Department representatives, and it was inadvertently omitted from the agenda.The item was added to the agenda by 4/5 vote and the presentation was received. No action was taken. Relative to Closed Session Item B2, the City Council unanimously approved the land exchange for Monterey Crossing. Relative to the remaining real property items under Item B, direction was given but no reportable action was taken. Relative to Closed Session Item Cl, the City Council unanimously authorized the City's participation in the Monsanto class action settlement. PRESENTATIONS: A. PROGRESS TO END HOMELESSNESS UPDATE BY COACHELLA VALLEY RESCUE MISSION Scott Wolfe and Kimberly McKinley presented an overview of the operations and accomplishments of the Coachella Valley Rescue Mission, thanked the City Council for their support over the years and looked forward to continued partnership with the City of Palm Desert. B. MOSQUITO CONTROL TREATMENT UPDATE BY COACHELLA VALLEY MOSQUITO & VECTOR CONTROL DISTRICT Tammy Gordon with the Coachella Valley Mosquito & Vector Control District presented the agency's plan for mosquito abatement in Palm Desert and informed the City Council and the public of steps they could take to reduce the potential for mosquito breeding in their gardens. CITY MANAGER'S COMMENTS: A. NORTH SPHERE PARK SITE UPDATE BY DEVELOPMENT SERVICES DEPARTMENT Development Services Director Alvarez and Management Analyst Muir provided an update on the status of new development and the proposed park site in North Palm Desert. City of Palm Desert Page 3 • 1 CC, SARDA, & HA Meeting Minutes July 14, 2022 B. PRESENTATION OF MAINTENANCE ACTIVITIES BY PUBLIC WORKS DEPARTMENT Public Works Deputy Director Ramirez gave a presentation on sand removal in North Palm Desert. City Manager Hileman introduced Management Analyst Blythe who reported on 'various events taking place in Palm Desert. City Manager Hileman announced that Assistant City Manager Firestine was leaving Palm Desert to begin a position with the City of Escondido. He and the City Council expressed (their gratitude for his contributions to the City of Palm Desert. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: Mayor Pro Tern Jonathan requested that staff review the feasibility of the matching program with Coachella Valley Water District for the turf removal program. He also requested that staff include an analysis of opting into the Desert Community Energy program. Councilmember Quintanilla supported the requests. Councilmember Quintanilla reported on her attendance at League of California Cities and Cultural Arts Committee piece "Future Fossils" which would be relocated to the park. Councilmember Kelly reiterated her request relative to absentee ownership contact information. Mayor Harnik reported on the 4th of July event at the Civic Center Park, noted July 22, 2022, was "Thank an Outdoor Worker Day", and reported the approval by the Riverside County Transportation Commission of the train project, referencing an article in the Desert Sun. The item was adopted with 83% of all feedback in favor. NON-AGENDA PUBLIC COMMENTS: Ricardo Loretta, a Palm Desert resident and Rotary Club Foundation Gala Chair, shared information on the upcoming fundraising gala. Martin Arredondo, Lifestream Blood Bank representative, shared information on the Nine Cities Blood Drive Challenge. Tammy Martin, a Palm Desert resident and Friends of the Desert Mountains representative, shared information on the 2023 Wildflower Festival. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to approve the consent calendar, with the removal of Items E, N and T for separate discussion. City of Palm Desert Page 4 CC, SARDA, & HA Meeting Minutes July 14, 2022 A AUTHORIZE FINDINGS OF GOVERNOR-DECLARED STATE OF EMERGENCY (AB361) AND CONTINUE TO EMPLOY REMOTE TELECONFERENCING RECOMMENDATION: Make findings that the State of California continues in a Governor- declared state of emergency(AB361) to combat the COVID epidemic, that state and local health officials are recommending social distancing, and consequently that the City Council and its other Brown Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e). B. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to approve the Minutes of June 9, 2022. C. APPROVAL OF WARRANTS MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to approve the warrants issued for the period 6/10/2022 to 7/1/2022. D. APPLICATION FOR AN ALCOHOLIC BEVERAGE LICENSE FOR EL RODEO CAFÉ, 44820 SAN PABLO AVENUE, PALM DESERT MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to receive and file the application for an Alcoholic Beverage license. E. RECEIVE AND FILE AN INFORMATIONAL ITEM RELATED TO BLOW SAND ISSUES FROM HIGH WIND EVENTS AND AUTHORIZE STAFF TO SOLICIT BIDS FOR WIND FENCING This item was excluded from the Consent Calendar. Please refer to page 9 of these minutes for a summary of that action. F. APPROVE A WAIVER OF FACILITY USE FEES FOR THE USE OF CIVIC CENTER PARK AMPHITHEATER FOR DESERT KIDS FEST MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to approve a fee waiver of facility use fees for the use of the Civic Center Park amphitheater for the Desert Kids Fest event. G. AUTHORIZE THE SUBMITTAL OF AN APPLICATION TO THE GREATER PALM SPRINGS TOURISM FOUNDATION GRANT FOR THE BUMP AND GRIND TRAILHEAD IMPROVEMENT PROJECT MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to: 1. Authorize the submittal of an application to the Greater Palm Springs Tourism Foundation Grant for the Bump and Grind Trailhead Improvement Project. 2. Authorize the City Manager or his designee to execute all documents that may be necessary to facilitate the application or award. H. APPROVE CHANGE ORDER NO. 2 TO CONTRACT C41390 FOR GAS AND DIESEL FUEL City of Palm Desert Page 5 CC, SARDA, & HA Meeting Minutes July 14, 2022 PURCHASE FROM BECK OIL, INC., IN THE AMOUNT OF$5,000 MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to approve Change Order No. 2 to Contract C41390 for;Gas and Diesel Fuel Purchase from Beck Oil, Inc., in the amount of$5,000. I. STREAMLINE THE USE OF VENDORS FOR THE PUBLIC WORKS; DEPARTMENT BY GRANTING EXCEPTION TO BIDDING REQUIREMENTS MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to: 1. Grant an exception to the purchasing requirements of the Palm Desert Municipal Code, as provided for in Section 3.30.160 (K). 2. Approve the Original Equipment Manufacturer(OEM)Vendor List, Public Works Professional Services List, Public Works Various Vendors and Qualified Service Providers List, and the Community Services Vendors and Service Providers List. 3. Authorize the City Manager to execute contracts for ongoing services, rot to exceed $50,000 for any one vendor on the list, as needed and recommended by staff during Fiscal Year 2022- 23. J. RATIFY CONTRACT NO. A43490 WITH COMMERCIAL DOOR COMPANY, INC., FOR EMERGENCY REPLACEMENT OF THREE APPARATUS BAY DOORS AT FIRE STATION NO. 33 (PROJECT NO. 762-23A-1) MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to ratify Contract No. A43490 with Commercial Door Company, Inc., for the emergency replacement of three apparatus bay doors at Fire Station No.,33 in the amount of $182,700. K. ACCEPT DONATION OF SCULPTURE, DESERT SPIRIT, BY ARTIST JOHN RICHEN, TO BE INCLUDED IN THE CITY'S PERMANENT PUBLIC ART COLLECTION MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to: 1. Accept donation from Ms. Ruth H. Layton of sculpture, Desert Spirit, by artist John Richen, to be included in the City's permanent public art collection. 2. Authorize the City Manager to sign Deed of Gift to City of Palm Desert form. 3. Authorize expenditures up to $1,000 for costs associated with installation of the sculpture. Funds are available in Account Number 4364650-4337200. L APPROVE OUT-OF-STATE TRAVEL FOR PUBLIC AFFAIRS MANAGER FOR STRATEGIC MARKETING PLANNING IN AUSTIN, TEXAS MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to authorize out-of-state travel for the Public Affairs Manager to travel to Austin, Texas, for an in-depth strategic planning session with the City's creative agency, Idea Peddler. City of Palm Desert Page 6 CC, SARDA, & HA Meeting Minutes July 14, 2022 M. ACCEPT LETTERS OF RESIGNATION FROM EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT BOARD MEMBERS ELYSSA GOLDBERG AND CHRISTINE STEIN MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to accept letters of resignation from El Paseo Parking and Business Improvement District Board members Elyssa Goldberg and Christine Stein. N. EXTEND BY ONE YEAR THE SPONSORSHIP CONTRACT BETWEEN THE CITY OF PALM DESERT AND PALM SPRINGS LIFE FOR FASHION WEEK EL PASEO AND PALM DESERT FOOD &WINE FESTIVAL FOR FISCAL YEAR 2022/23 This item was excluded from the Consent Calendar. Please refer to page 9 of these minutes for a summary of that action. O. APPROVE THE CITY OF PALM DESERT NEW YEAR'S EVE CELEBRATION ON EL PASEO MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to: 1. Approve the City of Palm Desert New Year's Eve Celebration on El Paseo for Friday, December 30,2022. - 2. Approve road closure on El Paseo between San Pablo Avenue and Larkspur Lane for the 2022 City of Palm Desert New Year's Eve Celebration on El Paseo. 3. Permit Consumption/Possession of Alcoholic Beverages on Public Property Pursuant to Palm Desert Municipal Code 9.58.040. P. ACCEPT ROUGH GRADING IMPROVEMENTS AND RELEASE THE FAITHFUL PERFORMANCE GRADING BOND FOR TR 37506-1, UNIVERSITY PARK (TRACT MAP 37506-1) MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to: 1. Accept Rough Grading improvements for Tract Map 37506-1. 2. Release the Faithful Performance Grading Bond in the amount of$302,357.50. Q. ACCEPT PUBLIC IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE AND THE LABOR AND MATERIALS BONDS, AND ACCEPT A MAINTENANCE BOND FOR TR 37506- 1, UNIVERSITY PARK MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to: 1. Accept public improvements. 2. Release the Faithful Performance Bond in the amount of $2,821,992.00 and Labor and Materials Bond in the amount of$2,821,992.00. 3. Accept the Maintenance Bond in the amount of$282,199.20. City of Palm Desert Page 7 CC, SARDA, & HA Meeting Minutes July 14, 2022 R. APPROVAL OF AMENDMENT NO. 1 TO CONTRACT NO. HA-40360;WITH SOUTHWEST PROTECTIVE SERVICES, INC., FOR COURTESY PATROL SERVICES AT THE PALM DESERT HOUSING AUTHORITY PROPERTIES IN A TOTAL AMOUNT NOT TO EXCEED $138,580 (HA) MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to: 1. Approve Amendment No. 1 to Contract No. HA-40360 with Southwest 'Security Service, Inc., for courtesy patrol services at the Palm Desert Housing Authority properties effective September 1, 2022, for a one-year term in a total annual amount not to exceed $138,580 (includes annual amount not to exceed $128,580 and up to $10,000 fort additional services to be requested as needed). 1 2. Authorize the Chairman and/or the Executive Director to execute the 'Amendment and any documents necessary to effectuate and implement the actions taken herewith. S. STREAMLINE THE USE OF NAMED VENDORS OF THE PALM DESERT HOUSING AUTHORITY BY GRANTING AN EXCEPTION TO THE BIDDING REQUIREMENTS AND APPROVING THE AUTHORITY VENDOR LIST(HA) MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to: 1. Grant an exception to the bidding requirements, as provided for by Section 3.30.160(K)of the Palm Desert Municipal Code. 2. Approve the Authority Vendor List pursuant to 3.30.160(K) for the p O rposes of providing recurring, routine contractual services, including maintenance work, materials, supplies, and equipment effective July 15, 2022, not to exceed $50,000, or as noted on the vendor list, for each named vendor per property (in a 12-month period). T. APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT JIOINT RECIPIENT COOPERATIVE AGREEMENT FOR FISCAL YEARS 2023-241, 2024-25, AND 2025-26 This item was excluded from the Consent Calendar. Please refer to page 91of these minutes for a summary of that action. U. CONSIDERATION OF APPOINTMENT OF APPLICANTS TO FINANCE' COMMITTEE AND ARCHITECTURAL REVIEW COMMISSION MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to consider the appointment of applicants recently interviewed for the City of Palm Desert's Finance Committee and Architectural Review Commission. City of Palm Desert Page 8 CC, SARDA, & HA Meeting Minutes July 14, 2022 EXCLUDED CONSENT CALENDAR: E. RECEIVE AND FILE AN INFORMATIONAL ITEM RELATED TO BLOW SAND ISSUES FROM HIGH WIND EVENTS AND AUTHORIZE STAFF TO SOLICIT BIDS FOR WIND FENCING Following discussion, MOTION BY COUNCILMEMBER KELLY, SECOND BY COUNCILMEMBER QUINTANILLA; CARRIED 4-0, to: 1. Receive and file an informational item related to blow sand issues from high wind events affecting the north sphere of the City of Palm Desert. 2. Authorize staff to solicit bids for wind fencing. N. EXTEND BY ONE YEAR THE SPONSORSHIP CONTRACT BETWEEN THE CITY OF PALM DESERT AND PALM SPRINGS LIFE FOR FASHION WEEK EL PASEO AND PALM DESERT FOOD &WINE FESTIVAL FOR FISCAL YEAR 2022/23 MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY MAYOR HARNIK, • CARRIED 4-0, to: 1. Approve a one-year extension of Contract No. C36310 to Palm Springs Life to sponsor the Fashion Week El Paseo and Palm Desert Food &Wine Festival for Fiscal Year 2022/23. 2. Authorize waiving of all City-assessed permit and inspection fees pertaining to the event. 3. Authorize the Mayor to execute the agreement for a total of$300,000 sponsorship on behalf of the City and allow the City Attorney to make non-substantive changes. 4. Provide financial report relative to the previous year's event. T. APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT JOINT RECIPIENT COOPERATIVE AGREEMENT FOR FISCAL YEARS 2023-24, 2024-25, AND 2025-26 Staff requested that this item be removed from the agenda and there was no discussion. 2. ACTION CALENDAR: A. APPROVE RESOLUTION NO. 2022-62 REPLACING RESOLUTION NO. 2021-69, FOR UNREPRESENTED EMPLOYEES, ADOPTING AUTHORIZED CLASSIFICATIONS, ALLOCATED POSITIONS, SALARY SCHEDULE AND SALARY RANGES INCLUDED HEREIN AND ATTACHED AS EXHIBIT "A" FOR THE UNREPRESENTED EMPLOYEES BASED ON THE CLASSIFICATION AND COMPENSATION STUDY Human Resources Manager Staehle provided a report and responded to Council inquiries. MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0 to: 1. Adopt a Resolution replacing Resolution No. 2021-69 for the unrepresented employees, and adopting Authorized Classifications,Allocated Positions, Salary Schedule and Salary Ranges included herein and attached as Exhibit "A based on the classification and compensation study. 2. Authorize the City Manager to take actions to implement the new proposed classification and compensation system for unrepresented employee group. City of Palm Desert Page 9 CC, SARDA, & HA Meeting Minutes July 14, 2022 B. APPROVAL OF A 3% COST OF LIVING ADJUSTMENT EFFECTIVE IJULY 1, 2022, FOR EMPLOYEES IN THE UNREPRESENTED GROUP AND AUTHORIZATION FOR THE CITY MANAGER TO IMPLEMENT THE ACTION Human Resources Manager Staehle provided a report and responded to Council inquiries. MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to: 1. Approve a 3% Cost of Living Adjustment(COLA)effective July 1, 2022,for the unrepresented employees. 2. Authorize the City Manager to take actions to implement the approved COLA for the unrepresented employees. C. CONSIDERATION OF DESERT WILLOW RESIDENT PROGRAM CHANGES Director of Finance Chavez narrated a PowerPoint presentation and responded to Council inquiries. MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 4-0,to make no changes at this time and task the Desert Willow President's Committee with examining options to implement for 2023. D. APPROVAL OF RESOLUTION NO. 2022-63 AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK)IFOR FISCAL YEAR 2022-23 MOTION BY COUNCILMEMBER KELLY, SECOND BY MAYOR PRO, TEM JONATHAN, CARRIED 4-0, to approve Resolution No. 2022-63 authorizing the annual levy of a special tax in the City of Palm Desert Community Facilities District No. 2005-1 (University Park)for Fiscal Year 2022-23. E. APPROVAL OF RESOLUTION NO. 2022-64 AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2021-1A (UNIVERSITY PARK) FOR FISCAL YEAR 2022-23 MOTION BY COUNCILMEMBER KELLY, SECOND BY MAYOR PRO! TEM JONATHAN, CARRIED 4-0, to approve Resolution No. 2022-64 authorizing the annual levy of a special tax in the City of Palm Desert Community Facilities District No. 2021-1A (University Park) for Fiscal Year 2022-23. City of Palm Desert Page 10 CC, SARDA, & HA Meeting Minutes July 14, 2022 F. APPROVE CHANGE ORDER NO. 1 TO CONTRACT C42400 WITH TILDEN-COIL CONSTRUCTORS, INC. FOR THE DEVELOPMENT SERVICES LOBBY RENOVATIONS IN THE AMOUNT OF $1,168,341 (PROJECT NO. 727-20) MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY MAYOR HARNIK, CARRIED 4- 0,to: 1. Approve Change Order No. 1 to Contract C42400 with Tilden-Coil Constructors, Inc., for the Development Services Lobby Renovations in the amount of$1,168,341. 2. Appropriate $1,168,341 in Unobligated General Funds to the Building Maintenance Fund Account No. 4504161-4400100. 3. Authorize the City Manager or designee to review and approve written requests for the use of the contingency for unforeseen conditions up the contingency amount. G. ADOPT ORDINANCE NO. 1385 RESCINDING PRIOR ORDINANCES AS LISTED AND ESTABLISHING SPEED ZONES ON FOUR STREET SEGMENTS IN THE CITY OF PALM DESERT (FIRST READING) MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0, to waive further reading and pass to second reading Ordinance No. 1385 rescinding prior ordinances and establishing speed zones on four street segments in the City. H, APPROPRIATE AN ADDITIONAL BUDGET OF $400,000 FOR CONSTRUCTION CONTINGENCY AND DESIGN SERVICES RELATED TO PRESIDENT'S PLAZA EAST AND WEST PARKING LOT IMPROVEMENTS (PROJECT NO. 758-14) MOTION BY COUNCILMEMBER KELLY, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 4-0, to: 1. Approve additional contingency funds in the amount of $400,000 to Contract No. C37040A with H&H General Contractors, Inc., of Highland, California. 2. Appropriate $400,000 from Unassigned General Fund monies to Account No. 4004692- 4400100. 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. I. RESOLUTION NO. 2022-65: APPROVE THE MANAGEMENT DISTRICT PLAN AND ORDER THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2022/2023 MOTION BY COUNCILMEMBER KELLY, SECOND BY MAYOR PRO TEM JONATHAN, CARRIED 4-0, to: 1. Adopt Resolution No. 2022-65 approving the Management District Plan for the President's Plaza III Property and Business Improvement District for fiscal year 2022/23. 2. Adopt a Resolution ordering the levy and collection of annual assessments within the President's Plaza III Property and Business Improvement District for fiscal year 2022/23. J. ADOPT RESOLUTION NO. 2022-66 DECLARING THE CITY OF PALM DESERT OWNED PROPERTY LOCATED AT 45656 MOUNTAIN VIEW SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTY Mayor Harnik recused herself from this item due to the proximity to her property. City of Palm Desert Page 11 CC, SARDA, & HA Meeting Minutes July 14, 2022 MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 3-0-1(HARNIK RECUSE), to: 1. Adopt Resolution No. 2022-66 declaring City of Palm Desert property located at 45656 Mountain View, surplus land for purposes of the Surplus Land Act. 2. Authorize staff to release a Notice of Availability for the sale of the property. K. APPROVE CONTRACT NO. C43540 WITH CIRCUIT TRANSIT, INC,, IN AN AMOUNT NOT TO EXCEED $200,000 FOR THE OPERATION OF UP TO THREE (3) VENDOR-OWNED EL PASEO COURTESY CARTS AND APPROPRIATE $41,000 FROM UNASSIGNED GENERAL FUND RESERVES MOTION BY COUNCILMEMBER KELLY, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 4-0, to: 1. Approve Contract No. C43540 with Circuit Transit, Inc. in an amount not to exceed$200,000 for operation of three (3) vendor-owned El Paseo Courtesy Carts, one of which is ADA- accessible, inclusive of regularly scheduled routes, special events, flex hours, insurance, and vehicle maintenance/repairs for the operation of the El Paseo Courtesy;Cart Program during Fiscal Year 2022/2023. 2, Appropriate $35,000 from the Unassigned General Fund Reserves for said contract. 3. Authorize the Mayor to execute said contract and allow the City Attorney to make non- substantive changes. 4. Appropriate $6,000 from the Unassigned General Fund Reserves for a one-time cost of branding three (3) El Paseo Courtesy Carts. L. ADOPTION OF RESOLUTION NO. HA-109 OF THE BOARD OF THE PALM DESERT HOUSING AUTHORITY (i) AUTHORIZING THE EXECUTION AND ! DELIVERY OF A CONDITIONAL AGREEMENT BETWEEN THE AUTHORITY AND URBAN HOUSING COMMUNITIES, INC., CONDITIONALLY APPROVING A LOAN IN THE AMOUNT OF $7,235,000 FROM THE AUTHORITY'S HOUSING ASSET FUND, TO FUND THE CONSTRUCTION OF 176 AFFORDABLE HOUSING UNITS; (ii) APPROPRIATING FUNDS; AND (iii) TAKING RELATED ACTIONS (HA) MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 4-0, to adopt Resolution No. HA-109: • 1. Authorizing the execution and delivery of the Conditional Agreement Regarding the Crossings at Palm Desert between the Authority and Urban Housing Communities, Inc., ("UHC") in substantially the form attached to the Resolution ("Agreement"), conditionally approving a loan ("Loan") in the amount of $7,235,000 from the Authority's Housing Asset Fund for construction of 176 affordable housing units ("Project"). 2. Authorizing the Director of Finance to appropriate $7,235,000 from Unobligated Housing Asset Fund Balance to the appropriate budget line item. 3. Authorizing Authority staff and legal counsel to negotiate and prepare such agreements and documents as described in the Agreement, or which are otherwise required, to effectuate the Resolution and the Authority's funding commitment for the Project as set forth in the Agreement. 4. Authorizing UHC to submit, an application, including the Agreement, to the California Debt Allocation Committee ("CDLAC") for an allocation of four percent (4%) tax-exempt bonds ("Tax-Exempt Bonds"),Tax Credit Allocation Committee ("TCAC")for an allocation of Federal tax credits ("Federal Tax Credits")and TCAC for an allocation of State tax credits ("State Tax Credits"), and Riverside County Housing Authority for an allocation of project-based vouchers ("Project Based Vouchers"). City of Palm Desert Page 12 CC; SARDA, & HA Meeting Minutes July 14, 2022 M. CONSIDERATION OF A REQUEST FROM PALM DESERT AREA CHAMBER OF COMMERCE FOR SPONSORSHIP OF FOUR SIGNATURE EVENTS FOR 2022/2023 FISCAL YEAR IN THE TOTAL AMOUNT OF $38,500, PLUS $15,000 IN-KIND SERVICES MOTION BY COUNCILMEMBER KELLY, SECOND BY MAYOR PRO TEM JONATHAN, CARRIED 4-0, to: 1. Appropriate an additional $17,500 from Unassigned General Fund Reserves to City Sponsored Events Account Number 1104800-4302601 to accommodate the total funding request from Palm Desert Area Chamber of Commerce. 2. Authorize a maximum of$15,000 for in-kind services (traffic control and public safety)for the Palm Desert Golf Cart Parade. 3. Authorize the City Manager to execute any documents that may be necessary to facilitate the events and sponsorships to effectuate the actions taken herewith. N. ADOPT RESOLUTION NO. 2022-67 TO REESTABLISH AND FUND THE "INVEST PALM DESERT" ECONOMIC DEVELOPMENT INCENTIVE PROGRAM MOTION BY COUNCILMEMBER KELLY, SECOND BY MAYOR PRO TEM JONATHAN, CARRIED 4-0, to: 1. Adopt Resolution No. 2022-67 reestablishing and implementing the Invest Palm Desert Economic Development Incentive Program. 2. Re-Allocate $650,000 from Unite Palm Desert (Acct. No. 4254430-4393000) to Invest Palm Desert (Acct. No. 4254430-4387500). 3. PUBLIC HEARINGS: A. CONSIDERATION OF ACTIONS RELATING TO PRESIDENTS' PLAZA PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2022-23 Public Works Deputy Director Bowman and Senior Management Analyst Gerry provided a presentation and responded to Council inquiries. Mayor Harnik opened the public hearing, and seeing no requests for comment, closed the public hearing. Ballots were accepted up in the office of the City Clerk until the public hearing was closed. City Clerk Mejia reported the results and assessment value of the ballots as follows: Total ballots cast: $139,440.42 _ YES Votes total: $84,319.96 (60%) - - ` _ _ NO Votes total: $55,120.46 (40%) , Majority Protest FAILED. _ . -- MOTION BY COUNCILMEMBER KELLY, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 4-0, to: _ 1. Adopt Resolution No. 2022-68 declaring the results of the property owner protest ballot proceedings conducted for the proposed Presidents' Plaza I Property .arid Business Improvement District assessments commencing in Fiscal Year 2022-23. ' _ - 2. Adopt a Resolution No. 2022-69 ordering the renewal of the Presidents' Plaza:I Property and Business Improvement District, approving and adopting the Management-District Plan and City of Palm Desert Page 13 CC, SARDA, & HA Meeting Minutes July 14, 2022 Engineer's Report, and authorizing the levy and collection of assessments for Fiscal Year 2022-23. 3. Authorize the Director of Finance to establish a project account for Presidents' Plaza Capital Improvement Project Reserve, appropriate$74,100 from the General Fund Unobligated Fund Balance and transfer to said account. B. APPROVE OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATIONS FOR FY 2022/2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND USE OF FUNDING, AND ANNUAL ACTION PLAN FOR FY 2022-2023 Mayor Harnik opened the public hearing, and seeing no comment, closed the public hearing. MOTION BY COUNCILMEMBER KELLY, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 4-0, to: 1. Conduct a public hearing and accept public comment related to the Community Development Block Grant("CDBG") Program proposed Annual Action Plan (FY12022/2023), FY 2022/2023 Funding Award Recommendations and related items. 2. Approve Outside Agency Funding Committee ("Committee") recommendations for FY 2022/2023 CDBG award of subrecipients, Programs and/or Projects and funding amounts as proposed. 3. Approve the use of the FY 2022/2023 CDBG funding allocation awarded to the City of Palm Desert ("City") by the U.S. Department of Housing and Urban Development ("HUD") for the proposed funding of subrecipient's Programs and/or Projects recommended by the Committee. 4. Approve the City's FY 2022/2023 CDBG Annual Action Plan ("Annual Plan"). 5. Authorize staff to submit the City's CDBG Annual Plan to HUD. Authorize the Mayor and/or the City Manager to execute any documents necessary to effectuate the actions taken herewith. INFORMATION ITEMS: None. ADJOURNMENT: The City Council adjourned at 8:32 p.m. Respectfully submitted, Niamh Ortega, Deputy City Clerk Recording Secretary_ ATTEST: = Anth ny Me p pep 1$.,2022 14:28 PDT) AnthonyJ. Mejia, City Clerk Secretary APPROVED BY CITY COUNCIL: 9/15/2022 City of Palm Desert Page 14