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HomeMy WebLinkAbout00 Agenda 2023-03-23 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, March 23, 2023 2:30 p.m. Study Session 3:30 p.m. Closed Session 4:00 p.m. Regular Session Pursuant to Assembly Bill 2449, 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, March 23, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 2 of 9 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 th is agenda. RECESS TO CLOSED SESSION CLOSED SESSION AGENDA A. Closed Session Meeting Minutes: February 15, 2023, and February 16, 2023 B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1. Property Description: 73-710 Fred Waring Drive Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: Coachella Valley Association of Governments 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 Kelly INSPIRATION: Mayor Pro Tem Quintanilla REPORT OF CLOSED SESSION: City Attorney Hargreaves AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION – WATER CONSERVATION MONTH B. PROCLAMATION – WOMEN MAKING HISTORY AGENDA Thursday, March 23, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 of 9 CITY MANAGER COMMENTS 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 CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES RECOMMENDATION: Approve the Minutes of March 9, 2023. B. APPROVAL OF WARRANTS RECOMMENDATION: Approve warrants issued during the period of March 2, 2023, and March 10, 2023. C. APPLICATION FOR ALCOHOLIC BEVERAGE CONTROL LICENSES FOR GROCERY OUTLET INC, 72675 HIGHWAY 111, PALM DESERT RECOMMENDATION: Receive and file the application for Alcoholic Beverage License for Grocery Outlet, Inc. D. LETTER CALLING FOR RECONSIDERATION OF THE CLOSURE OF CHUCKAWALLA VALLEY STATE PRISON IN BLYTHE, CALIFORNIA RECOMMENDATION: Authorize the Mayor to sign a letter calling for reconsideration of the closure of Chuckawalla Valley State Prison in Blythe, California. E. LETTER REGARDING SALTON SEA MANAGEMENT PROGRAM RECOMMENDATION: Authorize the Mayor to sign a letter regarding the Salton Sea Management Program. AGENDA Thursday, March 23, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 of 9 F. RECEIVE AND FILE LETTERS OF SUPPORT FOR THE UNIVERSITY OF CALIFORNIA, RIVERSIDE, COMMUNITY PROJECT FUNDING REQUESTS FOR CRITICAL MINERALS CHARACTERIZATION AND MICROGRID LIVING LABORATORIES AT THE PALM DESERT CAMPUS RECOMMENDATION: Receive and file the letters of support for the University of California, Riverside, Community Funding Requests for Critical Minerals Characterization and Microgrid Living Laboratories at the Palm Desert campus. G. UPDATE ON UNITE PALM DESERT FORGIVABLE LOANS AND REQUEST TO FORGIVE LOAN REPAYMENT FOR RECIPIENTS IN DEFAULT DUE TO UNFORESEEN CIRCUMSTANCES RECOMMENDATION: 1. Forgive loan repayments for Unite Palm Desert Loan recipients in default due to unforeseen circumstances. 2. Authorize the City Manager to approve such forgiveness. H. APPROVE AMENDMENT NO. 1 TO EXTEND CONTRACT NO. C36120 FOR LANCE, SOLL & LUNGHARD, LLP, TO PERFORM PROFESSIONAL AUDITING SERVICES FOR THE FISCAL YEAR ENDING JUNE 30, 2023 RECOMMENDATION: 1. Approve Amendment No. 1 to Contract No. C36120 with Lance Soll & Lunghard , LLP, to extend the term through June 30, 2024, for the FYE June 30, 2023 , Audit Services. 2. Authorize Finance Director to negotiate other services that may be necessary during the extended period. 3. Authorize the City Manager to approve and execute amendment and any other documents necessary to effectuate the contract. I. AWARD OF CONTRACT TO PFM ASSET MANAGEMENT FOR INVESTMENT MANAGEMENT AND ADVISORY SERVICES RECOMMENDATION: 1. Award contract, in substantial form, to PFM Asset Management to provide investment management and advisory services for a term of three (3) years with an option to renew for two (2) additional one-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 action taken herewith. AGENDA Thursday, March 23, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 of 9 J. AUTHORIZE AND AWARD AN ADDITIONAL CONSTRUCTION MANAGEMENT SERVICE PROVIDER, MAAS COMPANIES, INC., IN AN AGGREGATE AMOUNT NOT TO EXCEED $11,739,394 RECOMMENDATION: 1. Authorize and award an additional construction management service provider, MAAS Companies, Inc., to support the completion of capital improvement projects. 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. K. APPROVAL OF EXPENDITURES FOR THE PALM DESERT 2023 INDEPEND ENCE DAY CELEBRATION RECOMMENDATION: 1. Pre-approve and authorize expenditures in an amount not to exceed $80,000 from the FY 2023/24 Budget for production of the 2023 Independence Day Celebration event. 2. Approve contract with Pyro Spectaculars, Inc., in substantial form for the fireworks display in the amount of $49,810 and authorize the City Manager to execute same . 3. Authorize the City Manager to execute any ancillary vendor contracts associated with production of the celebration, with the remainder of the requested $80,000, in a total amount not to exceed $30,190. L. DECLARE LISTED ITEMS AS SURPLUS PROPERTY AND AUTHORIZE STAFF TO DISPOSE AS NECESSARY RECOMMENDATION: Declare specified office furniture items and outdated surveyor equipment as surplus property and authorize staff to dispose as deemed necessary. M. CONSIDER REQUEST BY JULEEN MCELGUNN TO APPROVE FEE WAIVER REQUEST FOR HISTORICAL SOCIETY ANNUAL PICNIC RECOMMENDATION: Consider request by Juleen McElgunn to approve fee waiver for Historical Society Annual Picnic at Civic Center Park including a temporary waiver for Section 11.01.140 (Amplified Sound in City Parks) of the City of Palm Desert Municipal Code. AGENDA Thursday, March 23, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 of 9 N. AUTHORIZE THE USE OF LOWE’S HOME CENTERS, INC., HOME DEPOT U.S.A., INC., HD SUPPLY FACILITIES MAINTENANCE, AND THE SHERWIN -WILLIAMS COMPANY, FOR PURCHASE OF MATERIALS, SUPPLIES, AND APPLIANCES FOR PALM DESERT HOUSING AUTHORITY PROPERTIES FOR FY 2023/2024 (HA) RECOMMENDATION: 1. Authorize the use of Lowe’s Home Centers, Inc. for the purchase of materials, supplies, and appliances pursuant to Section 3.30.160(E) and 3.30.160(L) of the Palm Desert Municipal Code for FY 2023/2024 in an amount not to exceed $220,000 (includes approximately $115,000 for the purchase of appliances and approximately $105,000 for materials and supplies). 2. Authorize the use of Home Depot U.S.A., Inc. for the purchase of materials and supplies pursuant to Section 3.30.160(E) and 3.30.160(L) of the Palm Desert Municipal Code for FY 2023/2024 in an amount not to exceed $45,000. 3. Authorize the use of HD Supply Facilities Maintenance for the purchase of materials and supplies pursuant to Section 3.30.160(E) and 3.30.160(L) of the Palm Desert Municipal Code for FY 2023/2024 in an amount not to exceed $250,000. 4. Authorize the use of The Sherwin-Williams Company for the purchase of paint and supplies pursuant to Section 3.30.160(E) and 3.30.160(L) of the Palm Desert Municipal Code for FY 2023/2024 in an amount not to exceed $75,000. 5. Authorize the disposal and recycling of inefficient, da maged, obsolete, and non- functioning appliances as appropriate in accordance with EPA standards and declare as surplus at the time of removal from the properties. O. APPROVE AMENDMENT NO. 4 TO CONTRACT NO. C40520 WITH MICHAEL BAKER INTERNATIONAL, INC., OF PALM DESERT, CALIFORNIA, IN AN AMOUNT NOT TO EXCEED $495,500 RECOMMENDATION: 1. Approve Amendment No. 4 to Contract No. C40520 with Michael Baker International, Inc., of Palm Desert, California, in an amount not to exceed $495,500. 2. Appropriate $400,000 from Un assigned General Fund Reserve monies to Account No. 1104300-4301000. 3. Authorize the City Manager or their designee to execute said amendment. P. APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C41380 WITH KIMLEY -HORN AND ASSOCIATES, INC., OF INDIAN WELLS, CALIFORNIA , IN THE AMOUNT OF $315,415 FOR TRAFFIC OPERATIONS AND CAPACITY IMPROVEMENTS (PROJECT NO. 553-20) RECOMMENDATION: 1. Approve Amendment No. 2 to Contract No. C41380 with Kimley-Horn and Associates, Inc., of Indian Wells, California, for additional traffic engineering and design services in an amount not to exceed $315,415. 2. Authorize the City Manager or designee to execute the amendment and to review and approve written contract amendment requests per Section 3.30.170 of the Palm Desert Municipal Code for unforeseen circumstances. AGENDA Thursday, March 23, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 7 of 9 Q. APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C43220 WITH FLOCK SA FETY FOR PHASE 2 OF A FIXED LOCATION AUTOMATED LICENSE PLATE RECOGNITION SYSTEM RECOMMENDATION: 1. Approve Amendment No. 1 to Contract No. C43220 with Flock Safety, in substantial form, for phase 2 of a fixed location Automated License Plate Recognition (ALPR) system in the amount of $151,050 in the first year and $132,500 each year thereafter, subject to annual budget appropriation. 2. Authorize the City Manager or designee to negotiate, finalize and execute a contract with Flock Safety. R. LETTER OF OPPOSITION TO SENATE BILL 423 RECOMMENDATION: Receive and file a letter of opposition to Senate Bill 423 regarding multifamily housing developments. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 2. ACTION CALENDAR: A. REQUEST FOR DIRECTION ON THE WALK AND ROLL PD IMPLEMENTATION PLAN (PROJECT NO. 565-21) RECOMMENDATION: Approve as proposed the Walk and Roll PD Implementation Plan dated March 3, 2023. B. APPROVE A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $63,000 WITH STREETSENSE CONSULTING, LLC, FOR A MARKET STUDY OF THE VACANT PARCELS AT DESERT WILLOW GOLF RESORT RECOMMENDATION: 1. Approve a Professional Services Agreement with Streetsense Consulting, LLC, to conduct a market study to analyze the highest and best use for the vacant parcels located at the Desert Willow Golf Resort. 2. Authorize the City Manager to execute the agreement and make any amendments to the agreement as needed. C. INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPLACING CHAPTER 3.30 IN ITS ENTIRETY AND RESCINDING ORDINANCES NO. 224, 423, 586, 927, 928, 986, 1162, 1166, 1204, 1229, 1276, 1317, AND 1335 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS (CC, SA, HA) RECOMMENDATION: Waive further reading and pass to second reading. AGENDA Thursday, March 23, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 8 of 9 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. None. 4. INFORMATION ITEMS None. ADJOURNMENT AGENDA Thursday, March 23, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 9 of 9 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. 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 pa rticipant 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) 346-0611, 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