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Home My WebLink About0 Agenda 2022-10-27 Final REVISED* CITY OF PALM DESERT PALM DESERT CITY COUNCIL (CC), SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA), AND HOUSING AUTHORITY (HA) MEETING (HYBRID MEETING) 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 REGULAR MEETING AGENDA Thursday, October 27, 2022 2:30 p.m. Closed Session 4:00 p.m. Regular Session Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be 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: Attend the meeting in our Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, CA 92260. To participate by email, internet, or phone, please see the detailed instructions on the last page of this agenda. * Revised to add Closed Session Item B4, Desert Willow Lot Pad B AGENDA - REVISED Thursday, October 27, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 2 of 8 CLOSED SESSION: 2:30 P.M. CALL TO ORDER PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the three-minute time limit. Speakers may attend in person or 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: October 13, 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: Price and Terms 2. Property Description: 74-885 Country Club Drive, Palm Desert Agency: City of Palm Desert City Negotiator: Todd Hileman/Eric Ceja Negotiating Parties: JW Marriott Desert Springs Resort and Spa Under Negotiation: Development Agreement 3. Property Description: 73-710 Fred Waring Drive, Suites 100, 103, 108, 118, 120, 200, 201, 203, 208, 211 and 217, and 73-720 Fred Waring Drive, Suite 100 Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: Lift to Rise/Paul Golden Construction/Advantech/Act for MS/ Coachella Valley Association of Governments/Virginia Waring International Piano Competition/State of California Department of Food and Agriculture/State of California Water Resources Board Under Negotiation: Price and Terms 4. 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 AGENDA - REVISED Thursday, October 27, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 of 8 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 Harnik INSPIRATION/INVOCATION: Councilmember Kelly REPORT OF CLOSED SESSION: City Attorney Hargreaves AWARDS, PRESENTATIONS, AND APPOINTMENTS: A. PROCLAMATION - PALM DESERT CHARTER MIDDLE SCHOOL WINTER GUARD B. PRESENTATION BY THE MCCALLUM THEATRE CITY MANAGER COMMENTS A. MAINTENANCE ACTIVITIES UPDATE – PUBLIC WORKS DEPARTMENT 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 attend in person or 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 October 13, 2022. B. APPROVAL OF WARRANTS RECOMMENDATION: Approve warrants issued for the period of August 31, 2022, through October 14, 2022. AGENDA - REVISED Thursday, October 27, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 of 8 C. APPLICATIONS FOR AN ALCOHOLIC BEVERAGE LICENSE FOR HOLY CANNOLI, INC., DBA THE HIDEOUT, 73595 EL PASEO, SUITE B2208, PALM DESERT RECOMMENDATION: Receive and file the Alcoholic Beverage License application. D. 2022 CONFLICT OF INTEREST CODE BIENNIAL NOTICE PURSUANT TO THE POLITICAL REFORM ACT RECOMMENDATION: 1. Receive and file the 2022 Local Agency Biennial Notice. 2. Direct staff to promulgate the necessary amendments and return to the City Council in December 2022 for adoption pursuant to the Political Reform Act. E. ADOPT RESOLUTION SETTING THE CITY COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR 2023 AND RESCINDING RESOLUTION NO. 2022-72 RECOMMENDATION: Waive further reading and adopt a Resolution establishing dates for regular meetings of the Palm Desert City Council for the calendar year 2023 and rescinding Resolution No. 2022-72. F. APPROVE AMENDMENT NO. 1 TO CONTRACT NO. HA-39040 WITH SERVICE FIRST, LLC, FOR POOL AND WATER FEATURE MAINTENANCE AND REPAIR SERVICES AT THE PALM DESERT HOUSING AUTHORITY PROPERTIES IN A TOTAL AMOUNT NOT TO EXCEED $347,147 RECOMMENDATION: 1. Approve Amendment No. 1 to Contract No. HA-39040 with Service First, LLC, for pool and water feature maintenance and repair services at the Palm Desert Housing Authority properties effective January 1, 2023, for a two-year term in a total amount not to exceed $347,147. 2. Authorize RPM Company, the Authority’s contracted management company, to enter into Amendment No. 1 with Service First, LLC, for the routine and additional services needed, including expenditures. 3. Authorize the Executive Director or its designee to take any necessary actions to facilitate the amendment and any documents necessary to effectuate and implement the actions taken herewith. G. REQUEST FOR ACCEPTANCE OF THE CITY’S CITIZENS OPTION FOR PUBLIC SAFETY/SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (COPS/SLESF) EXPENDITURE PLAN AND FUNDING FOR FISCAL YEAR 2022-2023 RECOMMENDATION: Accept the City’s Citizens Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) expenditure plan and funding for Fiscal Year 2022- 2023. AGENDA - REVISED Thursday, October 27, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 of 8 H. APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C43390 WITH IDEA PEDDLER FOR MARKET RESEARCH AS EXTRA WORK RECOMMENDATION: 1. Approve Amendment No. 1 to Contract No. C43390 with Idea Peddler in an amount not to exceed $30,000 for one-time market research to support the evolution of the City’s tourism advertising campaign. 2. Authorize the City Manager to execute the Amendment and any documents necessary to effectuate and implement the actions taken herewith. I. APPROVE AN AGREEMENT WITH CASC ENGINEERING AND CONSULTING, INC., FOR MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES IN THE AMOUNT OF $50,000 PER FISCAL YEAR RECOMMENDATION: 1. Approve a three (3) year agreement with CASC Engineering and Consulting, Inc., for MS4 Permit Inspections and NPDES Support Services in the amount of $50,000 per fiscal year. 2. Authorize the City Manager or his designee to review and execute change orders for unanticipated conditions, per Section 3.30.170 Section A of Ordinance No. 1335. 3. Authorize the City Manager to execute said agreement and up to two one-year contract amendments/extensions. 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. AWARD A CONTRACT FOR THE DESIGN-BUILD OF THE TAOS PALMS TRELLIS AND ENTRANCE STRUCTURE REHABILITATION TO DOUG WALL CONSTRUCTION, INC., OF BERMUDA DUNES, CALIFORNIA, IN THE AMOUNT OF $1,067,588.35 (PROJECT NO. 813-21) RECOMMENDATION: 1. Award a Contract for the design-build of the Taos Palms Trellis and Entrance Structure Rehabilitation to Doug Wall Construction, Inc., of Bermuda Dunes, California, in the amount of $1,067,588.35 (includes $22,500 add alternate). 2. Authorize the Finance Director to set aside approximately 20% contingency of $213,520 for unforeseen conditions. 3. Authorize the Executive Director or designee to review and approve written requests for the use of the contingency, to take any necessary actions to facilitate the agreement, to execute the agreement and any documents necessary to effectuate the actions taken herewith. 4. Authorize the Executive Director or designee to execute the Notice of Completion (NOC) and the Secretary to file the NOC, upon satisfactory completion of the Project. 5. Funds are available in the Fiscal Year 2022-23 Housing Authority Capital Replacement Budget. AGENDA - REVISED Thursday, October 27, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 of 8 B. AWARD OF CONTRACT TO WELLS FARGO BANK, N.A., FOR COMPREHENSIVE BANKING SERVICES RECOMMENDATION: 1. Award a contract to Wells Fargo Bank, N.A., to provide comprehensive banking services for a term of five years with an option to renew two (2) additional three-year periods based on satisfactory performance. 2. Authorize the City Manager or designee to negotiate and/or take any necessary actions to facilitate the agreement, to execute the agreement and any documents necessary to effectuate the actions taken herewith. C. RECEIVE AND FILE AN INFORMATIONAL REPORT ON THE CURRENT STATE OF THE CANNABIS INDUSTRY IN PALM DESERT RECOMMENDATION: Receive and file the 2022 State of the Cannabis Industry Report. D. RECEIVE AND FILE AN INFORMATIONAL REPORT REGARDING POTENTIAL REGULATION OF CANNABIS CONSUMPTION AREAS, TEMPORARY SPECIAL EVENTS, AND OTHER RELATED AMENDMENTS RECOMMENDATION: 1. Receive and file informational report regarding potential regulation of cannabis consumption areas, temporary special events, and other related amendments. 2. Provide staff with direction on future actions related to these items. E. ADOPT RESOLUTION DECLARING SIX PARCELS AT THE NORTHEAST CORNER OF FRED WARING DRIVE AND SAN PABLO AVENUE IN PALM DESERT ARE NOT SURPLUS LAND FOR PURPOSES OF THE SURPLUS LAND ACT RECOMMENDATION: Adopt Resolution declaring Assessor’s Parcel Numbers (APN) 627- 101-002 (.35 acres), 627-101-017 (.20 acres), 627-101-033 (.25 acres), 627-101-061 (.46 acres), 617-101-062 (.17 acres), and Right of Way (.11 acres), Palm Desert, are not Surplus Land for purposes of the Surplus Land Act. F. INTRODUCE AN ORDINANCE AMENDING PALM DESERT MUNICIPAL CODE SECTION 2.36.060 REGARDING THE PLACEMENT OF ITEMS ON MEETING AGENDAS AND A PROCESS FOR MEMBERS OF THE CITY COUNCIL TO SPONSOR AGENDA ITEMS RECOMMENDATION: Waive further reading and pass to second reading an Ordinance amending Palm Desert Municipal Code Section 2.36.060 regarding the placement of items on meeting agendas and a process for members of the City Council to sponsor agenda items. AGENDA - REVISED Thursday, October 27, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 7 of 8 G. AWARD A CONTRACT TO DECKARD TECHNOLOGIES, INC., OF SAN DIEGO, CALIFORNIA, FOR SHORT-TERM RENTAL MONITORING, COMPLIANCE, ENFORCEMENT, AND TAX COLLECTION SERVICES IN THE AMOUNT OF $69,400 RECOMMENDATION: 1. Approve the award of competitive Request for Proposals No. 2022-RFP-133 and draft contract to Deckard Technologies, Inc., of San Diego, California, for Short-term Rental Compliance Services in the amount of $69,400 for the initial one-year period of November 1, 2022, through October 31, 2023. With extensions, this contract spans five (5) fiscal years and would be funded from the Development Services Approved Budget in each fiscal year. 2. Approve the option to renew the resulting contract for four (4) additional one-year periods, subject to departmental and City Manager concurrence and available funding. 3. Authorize the City Manager to execute said contract. 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. REQUEST FOR APPROVAL OF THE PROPOSED SALE OF THE PROPERTY LOCATED AT 42162 VERDIN LANE, PALM DESERT (APN 624-440-004) PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(C) RECOMMENDATION: 1. Conduct a public hearing and accept testimony on the proposed sale of the property located at 42162 Verdin Lane, Palm Desert to a qualified household of very low, low or moderate income. 2. Following public testimony, waive further reading and adopt a Resolution approving the sale of 42162 Verdin Lane, Palm Desert (APN 624-440-004) to a qualified household of low or moderate income pursuant to the attached Purchase and Sale Agreement. 3. Authorize the Executive Director to finalize and execute the Purchase and Sales Agreement and any ancillary documents related to the sale to a qualified household of low or moderate income. 4. INFORMATION ITEMS None. ADJOURNMENT AGENDA - REVISED Thursday, October 27, 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