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Home My WebLink About00 2023-02-16 Agenda 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, February 16, 2023 2:30 p.m. Study Session 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, February 16, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 2 of 8 3:30 P.M. CLOSED SESSION 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: January 26, 2023 B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1. Property Description: 45656 Mountain View Avenue, APN 627-351-024 Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: Fidelis Advisors Maureen Gage/Stephen Yinger 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: Councilmember Harnik INSPIRATION: Mayor Kelly REPORT OF CLOSED SESSION: City Attorney Hargreaves AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION - MALCOLM DAVID MACFARLANE DAY AGENDA Thursday, February 16, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 of 8 CITY MANAGER COMMENTS A. PALM DESERT UNIVERSITY UPDATE B. PALM DESERT AQUATIC CENTER HOURS AND OPERATIONS UPDATE MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION NONAGENDA 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 January 26, 2023. C. APPROVAL OF WARRANTS RECOMMENDATION: Approve warrants issued for the period of November 26, 2022, through February 2, 2023. D. ADOPT RESOLUTION AUTHORIZING DESTRUCTION OF OBSOLETE RECORDS FROM THE FINANCE DEPARTMENT AND HOUSING DIVISION RECOMMENDATION: Adopt a Resolution authorizing the destruction of obsolete records from the Finance Department and Housing Division pursuant to California Government Code Section 34090. AGENDA Thursday, February 16, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 of 8 E. REJECT ALL BIDS SUBMITTED FOR CONSTRUCTION OF ONE QUAIL PLACE PARKING LOT REHABILITATION (PROJECT NO. 819-20) (Housing Authority) RECOMMENDATION: 1. Reject all bids received for the construction of One Quail Place Parking Lot Rehabilitation. 2. Authorize staff to re-advertise for the construction of One Quail Place Parking Lot Rehabilitation. F. AWARD CONTRACT NO. C44690 TO URBAN HABITAT, INC., OF LA QUINTA, CALIFORNIA, FOR THE PORTOLA AVENUE AND MAGNESIA FALLS DRIVE MEDIAN ISLAND LANDSCAPE INSTALLATION PROJECT IN THE AMOUNT OF $275,978 (PROJECT NO. 937-23) RECOMMENDATION: 1. Award Contract No. C44690 to Urban Habitat, Inc., of La Quinta, California, for the Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation project in the amount of $275,978. 2. Authorize the Director of Finance to set aside a contingency in the amount of $55,000 for unforeseen conditions. 3. Authorize the Director of Finance to appropriate $60,000 from the Unassigned General Fund Reserves to Account No. 1104614-4337001. 4. Authorize the City Manager or designee to review and approve written requests for the use of contingency per Section 3.30.170 of the Palm Desert Municipal Code. 5. Authorize the City Manager to execute the agreement. G. AWARD CONTRACT NO. C44570 TO JACOBSSON ENGINEERING CONSTRUCTION, INC., OF PALM DESERT, CALIFORNIA, FOR THE WHITE STONE LANE STREET IMPROVEMENTS IN THE AMOUNT OF $535,122 (PROJECT NO. 512-21) RECOMMENDATION: 1. Award Contract No. C44570, including Additive Bid Item #1, to Jacobsson Engineering Construction, Inc., of Palm Desert, California, for the White Stone Lane Street Improvements in the amount of $535,122. 2. Authorize the Director of Finance to set aside a contingency in the amount of $53,500 for unforeseen conditions. 3. Authorize the City Manager to review and approve written requests for the use of the contingency amount. 4. Authorize the City Manager to execute the agreement. AGENDA Thursday, February 16, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 of 8 H. APPROVE A CONTRACT AMENDMENT WITH HR GREEN PACIFIC, INC., IN THE AMOUNT OF $44,375 FOR LAND DEVELOPMENT, BUILDING, AND PLANNING WORKFLOW DEVELOPMENT, AND TRAKIT IMPLEMENTATION RECOMMENDATION: 1. Approve a contract amendment between HR Green Pacific, Inc., and the City of Palm Desert in the amount of $44,375 for land development, building, and planning workflow development, and TrakIT implementation. 2. Authorize the City Manager or designee to execute Contract Amendment No. 3. I. AWARD A CONTRACT TO ESCRIBE SOFTWARE LTD FOR AGENDA MANAGEMENT SOFTWARE RECOMMENDATION: 1. Award a three-year subscription agreement, with an option to extend the agreement for an additional two-year term, to eScribe Software LTD for agenda management software. 2. Authorize the City Manager to execute said agreement. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 2. ACTION CALENDAR: A. ADOPT RESOLUTIONS APPROVING 2022/23 MID-YEAR BUDGET ADJUSTMENTS AND REVISED STAFF ALLOCATION SCHEDULE RECOMMENDATION: 1. Adopt a Resolution approving mid-year budget adjustments for the Fiscal Year ending June 30, 2023. 2. Adopt Resolution approving revised staff allocation schedule for the Fiscal Year ending June 30, 2023. B. INTRODUCTION OF AN ORDINANCE AMENDING THE PALM DESERT MUNICIPAL CODE TO UPDATE, CLARIFY, AND CODIFY BYLAWS AND GENERAL PROVISIONS FOR THE CITY’S BOARDS, COMMISSIONS, COMMITTEES, AND TASK FORCES RECOMMENDATION: Waive further reading and introduce an ordinance amending the Palm Desert Municipal Code to update, clarify, and codify bylaws and general provisions for the City’s boards, commissions, committees, and task forces. C. INTRODUCTION OF AN ORDINANCE REVISING CHAPTER 2.68 OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO CULTURAL ARTS COMMITTEE RECOMMENDATION: Waive further reading and introduce an Ordinance revising Chapter 2.68 of the Palm Desert Municipal Code relative to the Cultural Arts Committee. AGENDA Thursday, February 16, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 of 8 D. APPROVE A COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE TO PROVIDE CAPITAL FOR FIRE STATION CONSTRUCTION AND A STAFFING COST SHARE FOR FIRE STATION 102 RECOMMENDATION: 1. Approve a cooperative agreement with the County of Riverside to provide capital for fire station construction and a staffing cost share for Fire Station 102. 2. Authorize the City Manager to execute the cooperative agreement. E. AWARD CONTRACTS TO MULTIPLE VENDORS FOR CONSTRUCTION MANAGEMENT SERVICES OF PUBLIC WORK PROJECTS FOR AN AGGREGATE AMOUNT NOT TO EXCEED $11,739,394 RECOMMENDATION: 1. Award contracts to Anser Advisory Management, LLC., of Santa Ana, California, and MARRS Services, Inc., of Fullerton, California, for construction management services of Public Works projects for a term of two years (2) years with the option to renew for no more than three (3) additional one-year terms in a combined aggregate amount between both vendors, not to exceed $11,739,394. 2. Authorize the City Manager to execute said agreements and subsequent task orders. 3. Direct the City Attorney, Director of Finance, and Director of Public Works to review annual expenditures and performance of the vendors under said Agreements. F. AWARD A PROFESSIONAL SERVICES AGREEMENT TO KIMLEY-HORN AND ASSOCIATES IN THE AMOUNT OF $496,464 FOR A RAIL STATION FEASIBILITY STUDY RECOMMENDATION: 1. Award a professional services agreement to Kimley-Horn and Associates, of Indian Wells, California, for a rail station feasibility study in the amount of $496,464 for a term of one-year with an option to renew one (1) additional one-year period based on satisfactory performance. 2. Authorize the City Manager or designee to review and approve written amendment requests in an amount not to exceed $49,646. 3. Authorize the City Manager or designee to execute and renew the agreement and any documents necessary to effectuate the actions taken herewith. G. RESCIND RESOLUTION NO. 2018-89 AND ADOPT A RESOLUTION REVISING TAXATION RATES FOR CANNABIS BUSINESSES OPERATING WITHIN THE CITY OF PALM DESERT RECOMMENDATION: Rescind Resolution No. 2018-89 and adopt a Resolution revising tax rates for cannabis businesses operating within the City of Palm Desert. AGENDA Thursday, February 16, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 7 of 8 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. RECEIVE PUBLIC COMMENTS REGARDING THE DEVELOPMENT OF THE FIVE- YEAR CONSOLIDATED PLAN AND ANALYSIS OF IMPEDIMENTS PLAN YEAR 2023-2028, INCLUDING PROGRAM YEAR 2023-2024 ANNUAL ACTION PLAN AND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RECOMMENDATION: Open the public hearing and receive comments regarding the development of the Five-Year Consolidated Plan and Analysis of Impediments Plan Year 2023-2028, including Program Year 2023-2024 Annual Action Plan and the Community Development Block Grant (CDBG) Program. AGENDA Thursday, February 16, 2023 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 If unable to attend the meeting in person, you may choose from the following options: OPTION 1: VIA 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: 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: 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. 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, 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