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HomeMy WebLinkAbout00 Agenda 2022-09-29 rev 2022-09-23REVISED* CITY 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 29, 2022 2:00 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. * Revised Closed Session Item B2 to note Negotiating Parties as “To Be Determined” AGENDA - Revised Thursday, September 29, 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: September 15, 2022 B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1. 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 2. Property Description: 45653 Portola Avenue (APN 627-351-010) Agency: City of Palm Desert City Negotiator: Todd Hileman/Eric Ceja/Jessica Gonzales Negotiating Parties: To Be Determined Under Negotiation: Price and Terms 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. 4:00 P.M. REGULAR MEETING ROLL CALL PLEDGE OF ALLEGIANCE: Mayor Pro Tem Jonathan INSPIRATION/INVOCATION: Councilmember Harnik REPORT OF CLOSED SESSION: City Attorney Hargreaves AGENDA - Revised Thursday, September 29, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 of 8 AWARDS, PRESENTATIONS, AND APPOINTMENTS: A. FIRE PREVENTION AND MINI-MUSTER MONTH PROCLAMATION B. REGIONAL YMCA CONCEPT PRESENTATION CITY MANAGER COMMENTS A. CITY OF PALM DESERT’S 50TH ANNIVERSARY UPDATE – PUBLIC AFFAIRS MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION NON-AGENDA 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 August 25 and September 15, 2022. B. APPROVAL OF WARRANTS RECOMMENDATION: Approve warrants issued for the period of September 6 – 16, 2022. C. APPLICATIONS FOR AN ALCOHOLIC BEVERAGE LICENSE FOR: 1. CCRC SOCIAL CLUB LLC DBA SEGOVIA OF PALM DESERT, 39905 VIA SCENA 2. SOTTOVOCE GROUP LIMITED LIABILITY COMPANY, 73545 EL PASEO STE 1320 RECOMMENDATION: Receive and file the Alcoholic Beverage License applications. AGENDA - Revised Thursday, September 29, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 of 8 D. APPROVE AMENDMENT NO. 1 AND AMENDMENT NO. 2 TO CONTRACT NO. C39600 FOR THE SOLID WASTE, RECYCLING, AND ORGANICS CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HF&H CONSULTANTS, LLC RECOMMENDATION: 1. Approve Amendment No. 1 to Contract No. C39600 with HF&H Consultants, LLC, to increase compensation by $15,000 for the current three-year contract to a not-to-exceed amount of $338,000. 2. Approve Amendment No. 2 to Contract No. C39600 with HF&H Consultants, LLC, to extend the contract for a one-year term effective January 1, 2023, for an amount not to exceed $85,000. 3. Authorize the City Manager to execute said amendments and any other documents necessary to effectuate the contract. E. APPROVE THE PURCHASE OF ANZA-BORREGO BY ARTIST CHRISTOPHER PUZIO FROM THE 2021/2022 EL PASEO SCULPTURE EXHIBITION IN THE AMOUNT OF $25,000 RECOMMENDATION: 1. Approve the purchase of Anza-Borrego by artist Christopher Puzio 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 subject contract. F. APPROVE THE HOMELESSNESS TASKFORCE BYLAWS RECOMMENDATION: Approve the revised Homelessness Taskforce Bylaws. G. APPROVAL OF PURCHASE OF ADDITIONAL DATA STORAGE SERVER NODE RECOMMENDATION: Authorize City Manager to purchase a VxRail Node addition from [RE]Design Group for $85,785.28. H. AWARD A CONTRACT TO GREAT WESTERN INSTALLATIONS, INC., OF LOGAN, UTAH FOR THE PARK PLAYGROUND IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $90,000 PER FISCAL YEAR (PROJECT NO. 941-23) RECOMMENDATION: 1. Award a 57-month contract to Great Western Installations, Inc., of Logan, Utah, for the Park Playground Improvements Project for an amount not to exceed $90,000 per fiscal year. 2. Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code, and up to three (3) one-year contract extensions based on a staff recommendation. 3. Authorize the City Manager to execute the agreement. AGENDA - Revised Thursday, September 29, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 of 8 I. AWARD CONTRACT TO COURTMASTER SPORTS, INC., OF NORTH PALM SPRINGS, CALIFORNIA, FOR THE SPORT COURTS RESURFACING PROJECT FOR AN AMOUNT NOT TO EXCEED $75,000 PER FISCAL YEAR (PROJECT NO. 946-23) RECOMMENDATION: 1. Award a 57-month contract for the Sport Courts Resurfacing Project to Courtmaster Sports, Inc., of North Palm Springs, California, for an amount not to exceed $75,000 per fiscal year. 2. Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code; and up to three, one-year contract extensions based on staff’s recommendation. 3. Authorize the City Manager to execute the agreement. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 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 AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE PALM DESERT MUNICIPAL CODE ADDING CHAPTER 2.22 ESTABLISHING THE ARCHITECTURAL REVIEW COMMISSION RECOMMENDATION: Waive further reading and pass to second reading an Ordinance amending Title 2 (Administration and Personnel) of the Palm Desert Municipal Code adding Chapter 2.22 establishing the Architectural Review Commission. B. CONSIDER AMENDMENT TO ORDINANCE NOS. 1374 § 1 AND 1258 § 1, REVISING CHAPTER 24.04.060 (INVASIVE PLANT SPECIES) OF THE PALM DESERT MUNICIPAL CODE RELATING TO PROHIBITED LANDSCAPE MATERIALS FOR DEVELOPMENT DESIGN AND INSTALLATION RECOMMENDATION: Waive further reading and pass to second reading an Ordinance revising Chapter 24.04.060 (Invasive Plant Species) of the Palm Desert Municipal Code. C. AWARD CONTRACT TO INTERWEST CONSULTING GROUP, INC., OF PERRIS, CALIFORNIA, FOR DESIGN AND ENGINEERING SERVICES OF LUPINE PLAZA IN THE AMOUNT OF $562,135 (PROJECT NO. 810-22) RECOMMENDATION: 1. Award a Contract to Interwest Consulting Group, Inc., of Perris, California, for design and engineering services of Lupine Plaza in the amount of $562,135. 2. Authorize the City Manager or designee to review and approve written contract amendment requests per Section 3.30.170 of the Palm Desert Municipal Code. AGENDA - Revised Thursday, September 29, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 of 8 3. Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. D. AWARD CONTRACT TO HERMANN DESIGN GROUP OF PALM DESERT, CALIFORNIA, FOR DESIGN SERVICES OF GREENS/TEE BOX RENOVATION AND TURF REDUCTION AT DESERT WILLOW GOLF RESORT IN THE AMOUNT OF $305,100 (PROJECT NO. 854-21) RECOMMENDATION: 1. Award a Contract to Hermann Design Group of Palm Desert, California, for design services of Greens/Tee Box Renovations and Turf Reduction at Desert Willow Golf Resort in the amount of $305,100. 2. Authorize the City Manager or designee to review and approve written contract amendment requests per Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. 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 AN AMENDMENT TO GENERAL PLAN AMENDMENT 21-0002 (GPA 21- 0002) FOR READOPTION OF THE CITY’S 6TH CYCLE HOUSING ELEMENT (2021- 2029) IN ACCORDANCE WITH THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) GUIDELINES RECOMMENDATION: Adopt a Resolution approving General Plan Amendment (GPA 21-0002), readopting the City’s 6th Cycle Housing Element of the General Plan in accordance with the California Department of Housing and Community Development (HCD) guidelines. B. APPROVE A PROPOSED PLAN FOR BOND ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE VITALIA APARTMENT PROJECT LOCATED ON THE SOUTH SIDE OF GERALD FORD DRIVE, EAST OF THE PALM DESERT SHERIFF STATION, IDENTIFIED AS THE APPROXIMATE +/-11.94 ACRE PORTION OF APN 694-310-006 RECOMMENDATION: 1. Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”) in connection with the proposed issuance in one or more series of revenue bonds by the California Municipal Finance Authority (the “CMFA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $62,000,000 (the “Bonds”), to finance the acquisition, construction, improvement and equipping of the 269-unit Vitalia Apartments, a multifamily rental housing project located at the south side of Gerald Ford Drive, west of Portola Road AGENDA - Revised Thursday, September 29, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 7 of 8 (a portion of APN 694-310-006), Palm Desert, California (the “Project”) and receive public comments. 2. Adopt a Resolution approving the issuance of the Bonds by CMFA for the benefit of Palm Desert Pacific Associates, a California Limited Partnership (the "Borrower") a partnership of which Pacific West Communities, Inc. (the "Developer") or a related person to the Developer is the general partner, to provide for the financing of the Project. Such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and California Government Code Sections 6500 et seq. C. APPROVE A PROPOSED PLAN FOR BOND ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES' DEVELOPMENT AUTHORITY FOR THE GERALD FORD APARTMENT PROJECT LOCATED AT 75580 GERALD FORD DRIVE, PALM DESERT RECOMMENDATION: 1. Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”) in connection with the proposed issuance in one or more series of revenue bonds by the California Statewide Communities Development Authority (“CSCDA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed Fifty-Five Million Dollars $55,000,000 (the “Bonds”), to finance the acquisition, construction and development of the 150-unit Gerald Ford Apartments, a multifamily rental housing project located at located at 75580 Gerald Ford Drive, Palm Desert, California (the “Project”) and receive public comments. 2. Adopt a Resolution approving the issuance of the Bonds by CSCDA for the benefit of Gerald Ford Apartments, LP, a California Limited Partnership (the "Borrower") a partnership of which Western National Group (the "Developer") or a related person to the Developer is the general partner, to provide for the financing of the Project. Such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and California Government Code Sections 6500 et seq. 4. INFORMATION ITEMS None. ADJOURNMENT AGENDA - Revised Thursday, September 29, 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 E-MAIL 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, Palm Desert Civic Center, 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