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Home My WebLink About00 Agenda 2023-01-12CITY 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, January 12, 2023 3:30 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. AGENDA Thursday, January 12, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 2 of 7 CLOSED SESSION: 3:30 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 th is agenda. RECESS TO CLOSED SESSION CLOSED SESSION AGENDA A.Closed Session Meeting Minutes: December 15, 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. 4:00 P.M. REGULAR MEETING ROLL CALL PLEDGE OF ALLEGIANCE: Councilmember Trubee INSPIRATION: Mayor Pro Tem Quintanilla REPORT OF CLOSED SESSION: City Attorney Hargreaves AWARDS, PRESENTATIONS, AND APPOINTMENTS: A.PRESENTATION - COACHELLA VALLEY RAIL PROJECT – Riverside County Transportation Commission, Deputy Executive Director Aaron Hake B.PRESENTATION – FRONTIER COMMUNICATIONS FIBER TO THE HOME (FTTH) CITY MANAGER COMMENTS A.None. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION AGENDA Thursday, January 12, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 of 7 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 FINDINGS RELATIVE TO AB 361 – REMOTE TELECONFERENCING RECOMMENDATION: Find that the State of California continues in a Governor -declared state of emergency to combat the COVID epidemic, that state and local health officials are recommending social distancing, and that the City may continue to employ remote teleconferencing. B. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES RECOMMENDATION: Approve the Minutes of December 15, 2022. C. APPROVAL OF WARRANTS RECOMMENDATION: Approve warrants issued for the period of 12/8/2022 through 12/29/2022. D. APPLICATION FOR AN ALCOHOLIC BEVERAGE LICENSES FOR: 1. ONURAL GROUP LLC, THE VENUE SUSHI BAR & SAKE LOUNGE, 73111 EL PASEO SUITE 103 2. SHOREBIRD EL PASEO LLC, 73061 EL PASEO SUITE 8 3. COWBOY CANTINA USA LLC, 72620 EL PASEO RECOMMENDATION: Receive and file the Alcoholic Beverage License applications. E. REQUEST TO APPROVE FEE WAIVER FOR REMEMBRANCE FOR VICTIMS OF COVID-19 EVENT RECOMMENDATION: Consider request by Mr. Donnie Cook to approve fee waiver for Remembrance for Victims of COVID-19 event at Civic Center Park including a temporary waiver of Palm Desert Municipal Code Section 11.01.140 (Amplified Sound in City Parks). AGENDA Thursday, January 12, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 of 7 F. REQUEST TO APPROVE TEMPORARY WAIVER OF CERTAIN PARK ORDINANCES FOR FUTURE FOOD MARKET AT CIVIC CENTER PARK RECOMMENDATION: Consider request by Mr. Bryan Lopez to approve temporary waiver of Palm Desert Municipal Code Section 11.01.140 (Amplified Sound in City Parks) and 11.01.080Q (Vendor Sales in City Parks) for Future Food Market at Civic Center Park. G. REQUEST TO APPROVE FEE WAIVER FOR HOLOCAUST REMEMBRANCE DAY EVENT RECOMMENDATION: Consider request by Mr. Steven Geiger to approve fee waiver for Holocaust Remembrance Day event at Civic Center Park including a temporary waiver of Palm Desert Municipal Code Section 11.01.140 (Amplified Sound in City Parks). H. REQUEST TO APPROVE TEMPORARY WAIVER OF CERTAIN PARKS ORDINANCES FOR PALM DESERT YOUTH SPORTS ASSOCIATION OPENING DAY OF BASEBALL & SOFTBALL AT CIVIC CENTER PARK RECOMMENDATION: Approve a temporary waiver of certain parks ordinances for Palm Desert Youth Sports Association (PDYSA) opening day of Baseball & Softball at Civic Center Park, including the following sections of the Palm Desert Municipal Code: a. 11.01.20 (Hours of Use in City Parks); b. 11.01.140 (Amplified Sound in City Parks); c. 11.01.080-H (Camping); d. 11.01.080 O (Placement of Advertising Signage in City Parks); and e. 11.01.080 Q (Vendor Sales in City Parks). I. REQUEST TO APPROVE TEMPORARY WAIVER OF CERTAIN PARKS ORDINANCES FOR WATER LANTERN FESTIVAL AT CIVIC CENTER PARK RECOMMENDATION: Consider request by Mr. Sam Bakker to approve temporary waiver of certain parks ordinances for Water Lantern Festival at Civic Center Park including Palm Desert Municipal Code sections as follows: a. 11.01.20 (Hours of Use in City Parks); b. 11.01.140 (Amplified Sound in City Parks); c. 11.01.080 O (Placement of Advertising Signage in City Parks); and d. 11.01.080 Q (Vendor Sales in City Parks). AGENDA Thursday, January 12, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 of 7 J. AWARD CONTRACT NO. C44440 TO ECONOLITE SYSTEMS, INC., OF ANAHEIM, CALIFORNIA, FOR TRAFFIC SIGNAL HARDWARE UPGRADE IN THE AMOUNT OF $412,560 (PROJECT NO. 569-23) RECOMMENDATION: 1. Award Contract No. C44440 to Econolite Systems, Inc., of Anaheim, California, for the Traffic Signal Hardware Upgrade project in the amount of $412,560. 2. Authorize the Director of Finance to set aside a contingency in the amount of $35,000 for unforeseen conditions. 3. Authorize the City Manager or designee to review and approve writ ten requests for the use of contingency for unforeseen conditions up to the contingency amount per Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the agreement. K. ADOPT RESOLUTION FOR RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGETS FOR THE FISCAL PERIOD FROM JULY 1, 2023, THROUGH JUNE 30, 2024, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS RECOMMENDATION: Adopt Resolution for Recognized Obligation Payment Schedule and Administrative Budgets for the fiscal period from July 1, 2023, through June 30, 2024, and taking certain related actions. L. AWARD ON-CALL CONTRACT S TO MULTIPLE VENDORS FOR PARK AND FACILITIES REPAIRS AND IMPROVEMENT PROJECTS AND APPROPRIATE FUNDS RECOMMENDATION: 1. Award on-call contracts to PUB Construction, Inc., of Diamond Bar, California, Belfor USA Group of Riverside, California, and Elite Customs Construction of San Jacinto, California, for Park and Facilities Repairs and Improvements, for a period of three (3) years in an aggregate amount not to exceed $750,000 per fiscal year with the initial year being pro-rated from date of approval, pursuant to the terms of the agreement(s). 2. Appropriate $220,000 from Unassigned Parkview Complex funds to Account No. 5104195-4331000. 3. Authorize the Mayor to execute said agreements. 4. Authorize the City Manager to review and approve up to two (2) additional one -year terms per vendor contract for an aggregated amount not to exceed $750,000 per fiscal year. AGENDA Thursday, January 12, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 of 7 M. APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C32410 WITH DESERT RECREATION DISTRICT FOR ANNUAL PARK AND PORTOLA COMMUNITY CENTER SERVICES AND APPROPRIATE FUNDS RECOMMENDATION: 1. Approve Amendment No. 2 to Contract No. C32410 to incorporate DRD’s adopted class and compensation study resulting in an increase to the reimbursement of park and community center services. 2. Appropriate $100,000 from Unobligated General Fund Reserves to Account No. 1104610-4309000, Prof-Services Civic Center Park. 3. Authorize the City Manager to execute said amendment. N. ACCEPT CONTRACT NO. C37040A WITH H&H GENERAL CONTRACTORS, INC., OF HIGHLAND, CALIFORNIA, FOR THE PRESIDENTS’ PLAZA EAST AND WEST PARKING LOT IMPROVEMENTS AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION (PROJECT NO. 758-14) RECOMMENDATION: 1. Accept Contract No. C37040A with H&H General Contractors, Inc. of Highland, California, for the Presidents’ Plaza East and West Parking Lot Improvements as complete. 2. Approve Contract Amendment No. 3 to Contract No. C37040B in the amount of $94,000. 3. Authorize the transfer of $94,000 from the remaining contingency amount for the project from Contract No. C37040A to Contract C37040B. 4. Authorize the City Clerk to file the Notice of Completion. 5. Authorize the City Manager or their designee to execute the contract amendment. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 2. ACTION CALENDAR: A. RECEIVE AND FILE INFORMATIONAL REPORT RELATIVE TO STATE AND LOCAL REGULATIONS OF MARKET RATE HOUSING RENT INCREASES (Housing Authority) RECOMMENDATION: Receive and file an informational Staff Report that presents an overview of state law governing rent increases for market-rate residential properties and describes additional steps that cities may take to bolster tenant protections within their jurisdictions. 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. None. THREE OPTIONS FOR PARTICIPATING IN THE MEETING AGENDA Thursday, January 12, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 7 of 7 OPTION 1: PARTICIPATE BY E-MAIL Send your comments by email to: CouncilMeetingComments@cityofpalmdesert.org. E-mails received prior to 10:00 a.m. 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 as it gives 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 fo r 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, Níamh M. Ortega, Assistant 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 Assistant City Clerk