HomeMy WebLinkAbout00 2023-02-16 Supplemental Agenda Packet
CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
Date: February 16, 2023
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of February 16, 2023
Below you will find questions received from the Mayor or Councilmembers and answers provided by
City staff regarding tonight’s City Council meeting:
ITEM 1E: REJECT ALL BIDS SUBMITTED FOR CONSTRUCTION OF ONE QUAIL PLACE
PARKING LOT REHABILITATION (PROJECT NO. 819-20) (Housing Authority)
On January 20, 2023, City and Housing Department staff secured six bids for the One Quail Parking
Lot Rehabilitation Project. During the review of the bids staff discovered that the lowest bidder
(Alabbasi) submitted a PDF version of their bid bond and not an original hardcopy as currently
required by our bid specifications. After consultation with our City Attorney, staff informed the low
bidder of this discrepancy and issued written notification that staff would be recommending finding
their bid non-responsive.
After further review of the project specifications, staff discovered conflicting language in the bid
specifications used (older version) to bid the project. The old version would allow submittal of a PDF
version of the bid bond.
City Council Options:
1. Reject all bids and re-bid the project with current City project specifications. Our City Attorney
has informed us that the City Council has the right to reject all bids without any reason. The City
finds its authority to reject all bids through Section 3.30.100 of the City’s Municipal Code.
2. Declare the bond irregularity non-material and award to the contract to the low bidder. This could
bring potential challenges from other bidders.
To avoid potential bid protests from bidders, staff is recommending the rejection of all bids and a re-
bidding of the project with the current version of the City’s bid specifications.
ITEM 2B: 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
Q1: Proposed bylaws eliminates requirement and allows the council to appoint alternates at
discretion. Can the bylaws be updated to reflect that the same individuals cannot serve
on too many committees, in order to present various points of view?
A1: Presently, the City Council uses its discretion during the interview process to determine
whether to appoint an individual to more than one appointed body. The City Council may
codify a limitation on the number of concurrent appointments if desired.
02/16/2023 Question & Answer Memo
Page 2 of 3
Q2: Will discussion on vacancies or alternates to be considered monthly or semi-monthly if
outside of the regular timeline?
A2: When vacancies occur, the City Clerk’s Office consults with the mayor and staff liaison to
determine if there is an immediate need to fill an unscheduled vacancy. If the appointed body
can operate and meet its quorum requirements, it is typical to leave the position vacant until
the annual interview process in May or June of each year.
Q3: Is the number of members on Parks and Rec under considerations because previous
discussions mentioned reducing the number members from 9 to 7, aligned with others?
A3: Reducing the number of members on the Parks and Recreation Committee was not addressed
under this review. However, staff can work with the City Council Subcommittee on this matter
if desired.
Q4: Why do Civic Engagement and Cultural Preservation only meeting quarterly? Cultural
Preservation has not met objectives in a long time, and Civic Engagement is necessary
with planned growth, increasing strategies for outreach.
A4: The Cultural Resources Preservation Committee typically meets monthly and there are no
proposed changes to their meeting frequency. The Resource Preservation and Enhancement
Committee (“RPEC”) bylaws allow for meetings on a quarterly or bi-monthly basis. RPEC and
staff are currently evaluating the possibility of meeting monthly, and if supported a bylaw
revision would be forthcoming to the City Council. In January 2022, the City Council adopted
the Civic Engagement Committee (“CEC”) bylaws with a quarterly meeting frequency. If the
City Council desires, it may amend the bylaws to require a different meeting frequency or it
may request that the CEC evaluate and make a recommendation if a change is warranted.
ITEM 2F: AWARD A PROFESSIONAL SERVICES AGREEMENT TO KIMLEY-HORN AND
ASSOCIATES IN THE AMOUNT OF $496,464 FOR A RAIL STATION FEASIBILITY
STUDY
Q1: What is the bilingual outreach plan Kimley-Horn proposes?
A1: Kimley-Horn has a full bilingual outreach team and will ensure that all community outreach is
conducted in English and Spanish.
Q2: How many feasibility studies have been conducted before? Does Kimley-Horn have
access to them?
A2: The City has not conducted a feasibility study before. However, Kimley-Horn has collectively
completed dozens of studies within California over the past few years.
02/16/2023 Question & Answer Memo
Page 3 of 3
ITEM 2G: RESCIND RESOLUTION NO. 2018-89 AND ADOPT A RESOLUTION REVISING
TAXATION RATES FOR CANNABIS BUSINESSES OPERATING WITHIN THE CITY OF
PALM DESERT
Q1: In previous meetings, it was stated that Palm Desert and surrounding cities with a 10%
tax rates were in highest bracket in the state. Was that accurate?
A1: In staff’s research, it has been found that other California Cities have the option of imposing a
tax up to 15% gross receipt on retail and delivery, similar to the City of Palm Desert. Currently
the highest tax rates are at 10%, which falls in line with Palm Desert’s current rate.
ITEM 3A: 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
Q1: Q11 has an answer option for Other (please specify): What were those responses?
A1: Respondents did not provide any additional information in their responses, other than “No”.
Q2: Are ADA upgrades under consideration as part of deferred maintenance?
A2: ADA upgrades fall under deferred maintenance. If there is a need for ADA repairs in
community centers, park restrooms, or any public facility, CDBG funds may be used for those
type of repairs under Public Facility and Improvement activities.
Q3: If the largest employers are JW Marriot-Desert Springs Resorts and Bighorn Golf Club,
why is there no mention of hospitality workers? Was there a consideration to home
health aides from hospitals, county or state referrals?
A3: Hospitality workers are included under “Arts, entertainment, and recreation, and
accommodation and food services” and health care workers are included under “Educational
services, and health care and social assistance” in Table 43 (Pages 3A-65 and 3A-66) of the
Community Data sheet.
February 2023
Palm Desert University
(PDU)
Supplemental
PDU-1
Introduction
Palm Desert University (PDU) is
a cohort-based model for City of
Palm Desert employees to learn,
grow, and strengthen
relationships.
2023 PDU INTRODUCTION 2Supplemental
PDU-2
Goals of PDU
2023 PDU Introduction 3
LEARN IMPROVE
COMMUNICATE GROW
Supplemental
PDU-3
Curriculum
2023 PDU Introduction 4
Introduction to Palm Desert
Workplace Culture
Leadership Expectations
Professional Development
Supplemental
PDU-4
Learning
MethodsPDU Introduction2023 5
Assignments
Speakers & Activities
Mentorship Program
Final Project
Supplemental
PDU-5
Results
•Two Cohorts (48 Employees)
•6 Mentors
•Increased communication
•Cohort members more confident to ask
questions and take chances
•Positive feedback
2023 PDU INTRODUCTION 6Supplemental
PDU-6
PDU INTRODUCTION 2023 7Supplemental
PDU-7
2023
PDU INTRODUCTION
8
Questions
Supplemental
PDU-8
Family YMCA of the Desert
Palm Desert Aquatic Center (PDAC)
City of Palm Desert Council Meeting
February 16, 2023
Information regarding temporary PDAC change of hours;
challenges and review of possible solutions.
Supplemental
YMCA-1
Family YMCA of the Desert | Palm Desert Aquatic Center
City of Palm Desert Council Meeting
February 16, 2023
Active Hiring Outlets: Prior to current
morning closure and currently:
Indeed
City of Palm Desert marketing with FG
Creative: Monthly meetings with City
Staff, FG Creative Staff and YMCA Staff.
Has been ongoing since pre-during and
post pandemic ~(reference next slide)
Hiring Fairs & Staff Referrals
COD Outreach
High Schools, School Districts & User
Groups
Homeschool Groups
Social Media
Continuity of challenges faced within other
statewide markets (and with pools no deeper than
12 feet): Los Angeles, Bay Area, Santa Barbara,
Foothills, East Bay, Sacramento, Santa Monica and
Ventura County YMCA’s feedback:
Continued lack of lifeguard job seekers (high school –
college): Trend since COVID
Mainly part-time role and with current state of
economy, higher wage, less liability jobs are
trending.
Pay scales across the state vary from high $15.00 to
mid $18.50; Bay Area has higher wage scale.
Our Zone 6 (Palm Springs Hospitality Area) scale is
currently $16.58 -$17.82.
Lack of availability for early morning –early
afternoon is challenge being experienced across the
state.
Difficulty in recruiting then retention.
Supplemental
YMCA-2
1.Social Media –Boosts to specific posts for Lifeguards and swim instructors.We did generate some interest
from these posts.
2. PR: Every few months, starting with the first month the pool was reopened after the pandemic, we
generated coverage of the need for lifeguards, highlighting it's for any age, and a great job outside.I would say we
received TV interviews on all of the stations at least 2 times, plus Alpha Radio ran it as a news item at least 4
separate times.We also had the Desert Sun cover the story idea.
3.Advertising:
a.Radio: We have run significant radio schedules in key time frames and each schedule had specific spots forrecruitment.The last schedule was Oct/Nov, and the current schedule is Jan 15 -April 15.
b.Outdoor:We started our outdoor campaign last Fall with updated branded graphics that include 2 images for
Lifeguard positions.The new contract which started 1/15, was upgraded to include messaging on all 10 of Lamar'sdigital boards, which is a significant expansion for the advertising message.
c.Online:We are starting up the google adwords campaign again and targeted recruitment messaging.
4.Website:The entire website was redesigned in September and a new page was developed for recruitment.Itis updated frequently.
~ Per meeting notes from FG Creative; City of Palm Desert; Family YMCA of the Desert Staff from past 2 years.
Supplemental
YMCA-3
Family YMCA of the Desert | Palm Desert Aquatic Center
City of Palm Desert Council Meeting
February 16, 2023
Onboarding Schedule:
Dependent upon prospective employee
from interview; offer; completion of
paperwork; training before 1 st shift.
Typically, 2 ½ weeks
Requires 10 -16 hours of job shadowing
before can guard on their own.
Internal Checkster Background check is
completed once they have completed
prerequisite swim and before certification
class (Certifications are paid for by the
YMCA as Employer).
PDAC Challenges experienced:
Depth of pool at 15.5 feet makes certification tougher for
those seeking employment; Depth is due to the diving
board.Depth of pool was approved based upon having a
10-meter Diving Platform that was never installed.
Diving boards used for recreation have a water depth of
11 ½ -12 ½ feet.
Example: Would have 10 more guards on staff if pool was
at 12 ½ feet or less. Average pool depth range is 3-10 feet.
Currently have 35 lifeguards and 21 of them are High
School Students.
Had 3 lifeguards doing opening shift provide 2 week notice
due to school schedule or moving out of area.
Need a minimum of 3 lifeguards to open for lap swimming
at 5:30am and we staff 4 in case of call off.
The staffing shortage is not only affecting early opening,
but we are having to reduce swim lesson classes due to
shortage of swim instructors.
Supplemental
YMCA-4
Family YMCA of the Desert | Palm Desert Aquatic Center
City of Palm Desert Council Meeting
February 16, 2023
Areas being reviewed to assist with
increased employee recruiting/retention:
Review of current wage scale and how
increases will impact short term and long
term view; setting market rate (?)
Incentive pay for certain operational hours.
In process of review of 3 rd party lifeguard
vendor (fees/liability/management).
H-2B Nonimmigrant U.S. Department of
Labor
Continued outreach to other aquatic facility
management (local and statewide) for
possible thoughts on approaches.
YMCA Hours of Operation:
Current hours of operation:
Monday-Friday: 8am-7pm
Weekends: 7am-5pm (pool closes at 4:45pm)
Previous hours of operation:
Monday & Wednesday: 5:30am-12pm/3pm-7pm
(closed 12pm-3pm)
Tuesday/Thursday/Friday: 5:30am-7pm
Weekends: 7am-5pm (pool closes at 4:45pm)
Supplemental
YMCA-5
Agreement for County Contribution to new fire station (north
sphere)
FEBRUARY 16, 2023
Supplemental
2D-1
North Sphere
Fire Service Challenges
2
•Increasing
response times
•Availability of Fire
Department
resources
•Increase reliance
on mutual aid
•Impacts of new
arena
Supplemental
2D-2
Cooperative Agreement
Breakdown due to Impacts
CITY OF PALM DESERT COUNTY OF RIVERSIDE
Purchases new Type I fire engine Purchases new tractor drawn aerial $1.8 M
Funds the balance $3.3 M towards construction
Funds the balance $100,000 towards FF&E
Includes budget for 12 positions Includes budget for 3 positions
Total County Contribution (inc. equipment)$5.2 M
Supplemental
2D-3
Project Breakdown -$23.37M Cost Estimate
Funding Sources Amount
Former PDRDA Bond Funds
(Regional Benefit)15,677,730
Former PDRDA Bond Funds
(Formerly allocated to I10 Project)3,000,000
County of Riverside
(Arena Cash Contribution)*2,500,000
County of Riverside
(Additional Share inc FF&E)900,000
Fire Facilities Restoration Fund 1,300,000
Total City/County Sources 23,377,730
*Ladder truck also part of Arena contribution –Valued at $1.8M Supplemental
2D-4
Project Schedule
Supplemental
2D-5
Next Steps
County contributes funds at the time of award of
contract for construction
City construction management services & cost estimator
Offsite design improvements
Staffing costs will be presented at a future budget study
session.
Supplemental
2D-6
Rail Station
Feasibility
Study
Supplemental
2F-1
Background
•July 13, 2022 -Riverside County Transportation Commission (RCTC) adopted a Tier 1
Environmental Impact Statement and Environmental Impact Report for the “Coachella Valley –San
Gorgonio Pass Rail Corridor Service” plan to extend the daily passenger rail service to the
Coachella Valley.
•New rail service to provide144-mile connection to Los Angeles’ Downtown Union Station
•September 15, 2022 –City Council directed Staff to move forward with releasing a request for
proposal for a rail station feasibility study.
Supplemental
2F-2
Request for
Proposal
Timeline
15 Sep.
2022
Council
approved
release of
Request For
Proposal
17 Oct.
2022
Request For
Proposal
released
21 Oct.
2022
Pre-Proposal
Meeting
11 Nov.
2022
Deadline for
receipt of
proposals
Dec.
2022
Proposals
reviewed -
Kimley -Horn
and
Associates
selected -
$496,464
Supplemental
2F-3
Project
Schedule
Task 1
•Staff Coordination and project kick off
•Review and Analyze existing documents and data
Task 2
•Community Outreach Action Plan
•Media Outreach
Task 3
•Community Based Meeting #1
•Community-Based Meeting #2 for General Public
•Stakeholders and Transit Providers Meeting #3
Supplemental
2F-4
Project
Schedule
Task 4
•Review and Integration of Mobility Technical Report
•Review and Integration of Complete Streets Plan
•Review and Integration of Riverside County
Transportation Commission's Rail Study
•Existing Conditions
•Rail Station Feasibility
•Prioritization of Project Implementation
•Draft Rail Station Feasibility Study
•Presentation Rail Station Feasibility Study
•Final Rail Station Feasibility Study with recommended
site selection.
Task 5
•Identify Grant Funding Programs
Supplemental
2F-5
Once
project is
completed
Early Jan. 2024
Feasibility Study
Completed
Jan. 25, 2024
Presented to
Council for
adoption
Feb. 2024
Submitted to
Riverside County
Transportation
Commission for
incorporation into
their Phase ll
Study
Supplemental
2F-6
Cannabis Taxation
Reduction
Supplemental
2G-1
City of Palm Desert
Cannabis
Tax Rate Overview
Business
Type
Max. amount
allowed under
Measure Q
Adopted
Rates
Cultivation $20 per sq. ft.$13 per sq. ft.
Manufacturer
3% of gross
receipts
2% of gross
receipts
Retail and
Delivery
15% of gross
receipts
10% of gross
receipts
Research
& Testing No Tax No Tax
Supplemental
2G-2
2022 Cannabis
Industry Report
Findings
Retail sales revenue are declining around the
Coachella Valley.
Increased competition.
No additional public safety concerns with the
industries operations since inception.
Changes at the State level have increased the tax
burden on retailers.
Changes at the Federal level will increase
competition.
Supplemental
2G-3
City of Palm Desert
Cannabis
Proposed Tax Rate
Comparison
Business
Type
Max. amount
allowed
under
Measure Q
Adopted
Rates
Proposed
Rate
Cultivation $20 per sq. ft.
$13 per sq.
ft.
$10 per sq.
ft.
Manufacturer
3% of gross
receipts
2% of gross
receipts
2% of gross
receipts
Retail and
Delivery
15% of gross
receipts
10% of
gross
receipts
5% of gross
receipts
Research
& Testing No Tax No Tax No Tax
Supplemental
2G-4
Current Coachella Valley
Cannabis Tax Rates
City Retail Rate as % of
Gross Receipts Cultivation Tax Calculations Mfg Tax Calculation Research & Testing
Cathedral City 10%$15/sq. ft.
$0.05/ Crude gram
$0.10/Distillate gram
$0.03 to $.05 per piece
Zero
Coachella 6%In 2023: 3% of Gross Receipts
In 2024: 2% of Gross Receipts 2% on Gross Receipts Zero
Desert Hot Springs 10%10.20/sq. ft.Zero Zero
Indio Eval 5% -6%Not allowed Not allowed Not allowed
Palm Springs 10%$10/ sq. ft.2% on Gross Receipts Zero
Supplemental
2G-5
From:Anthony Mejia
To:Níamh Ortega
Subject:FW: Pot taxes
Date:Tuesday, February 14, 2023 8:04:00 AM
Attachments:50yearsresized_32178492-0560-4444-b657-c0c208d02055.png
brightsideemailsig2(1)_b0f3f97c-2959-4ed3-8c3c-4d7d94022083.png
Agenda Correspondence
.
.
-----Original Message-----
From: TERRY WOOD <terryprod@aol.com>
Sent: Monday, February 13, 2023 11:36 PM
To: City Hall Mail <cityhall@palmdesert.gov>
Subject: Pot taxes
Hello Mayor Kelly and Council Members of Palm Desert,
I just viewed a story on TV, that the majority of the cities in the Coachella Valley are charging 10 percent taxes on
Marijuana sales etc, and a few are only at 5 percent. But the bigger question that I think that the residents might ask
you is why is Palm Desert City council members relying on stores selling pot to begin with to subsidize our budget?
I know there has been people with medical ailments that feel better using pot and it was determined that it would be
sold legally here. Studies also show it affects people mentally and it can be just as dangerous as alcohol when
driving a car under the influence. These dispensary shops are an eyesore and bring in the wrong type of people into
our city and not a thing that our children need to be influenced by.
Keep it at 10 percent and don’t allow other pot and smoke shops to rent/lease in our city from this day on. If they
want to leave great! The city council should be worried about safety of the neighborhoods and businesses, not a
small faction of the population wanting to get high. The council also knows that we have a problem already with
drinking and driving here.
Concentrate on what some of the members on council have conveyed in the past to bring in companies into city for
professional research, higher education doctors /denists and technology development ,
Terry Wood
Resident of Palm Desert
Supplemental
2G Public Comment-1
Supplemental
2G Public Comment-1
Overview of FY2023-
2028 Consolidated
Plan
Analysis of
Impediments
&
FY2023-24 Annual
Action Plan
Meeting Date: February 16, 2023
Supplemental
3A-1
WHAT IS THE
CONSOLIDATED
PLAN PROCESS
•The Consolidated Plan (ConPlan) is designed to aid
the City in assessing affordable housing and
community development needs for the next five
years, July 1, 2023, through June 30, 2028
•The current ConPlan, FY2018-2023, was approved
by Council in May of 2018.
•In order to qualify and receive CDBG funding, the
City must comply with the regulatory requirements
and submit reports to the U.S. Department of
Housing and Urban Development (HUD), including
the ConPlan, and the Annual Action Plan, one year
action plan
•The ConPlan helps determine how funds from HUD
are used
Supplemental
3A-2
ELEMENTS OF A 5-YEAR CONSOLIDATED PLAN
Supplemental
3A-3
ELEMENTS OF A ONE YEAR ANNUAL ACTION PLAN
Description of Activities to be undertaken
Outcome Performance Measures for each Activity
Geographic Distribution of Funds and Activities
Actions the City plans to take to Address Obstacles to meeting
Underserved Needs
Concise Executive Summary
Description of Expected Local and Federal Resources and Objectives
Supplemental
3A-4
What is an
Impediment?
•Impediments to fair housing choice are:
•Any actions, omissions, or decisions that
directly restricts or have the effect of
restricting housing choices or housing
availability because of:
o Race
o Color
o Religion
o Sex
o Disability
o Familial status
o National origin
o Financial status
Supplemental
3A-5
THE CITY’S
IDENTIFIED
PRIORITY NEEDS
FOR THE NEXT 5
YEARS
•Prevent and Eliminate
Homelessness
•Improve Neighborhoods, Public
Facilities, and Infrastructure
•Economic Development
•Broadband needs
•Provide Public Services for low-
income residents
•Affordable Housing Preservation
Identified by survey responses. Supplemental
3A-6
Citizen Participation &
Consultation Process
Survey launched via Survey Monkey
on the City’s website and Facebook
January 2nd –January 31st.
A total of 44 responses collected.
Opened the survey link as of
February 9th to receive more
responses from the Community.
Supplemental
3A-7
PROPOSED PROJECTS AND PROGRAMS
PUBLIC SERVICES
ACTIVITIES
PUBLIC FACILITIES
AND IMPROVEMENTS
ADMINISTRATION
Supplemental
3A-8
Next Steps
•In May 2023, the Outside Agency
Funding Committee will review
the draft CDBG program,
including the subgrant
applications.
•The Committee
recommendations will be
presented for the City Council
consideration in June 2023.
Supplemental
3A-9
Questions
Supplemental
3A-10