HomeMy WebLinkAbout0 Agenda 2023-07-13CITY 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, July 13, 2023
3:15 p.m. Closed Session
4:00 p.m. Regular Session
Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public
access via teleconference or in person, and up to two Councilmembers may participate remotely.
WATCH THE MEETING LIVE: Watch the City Council meeting live on the City’s website
www.palmdesert.gov, 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, July 13, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 2 of 10
3:15 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 for up to three minutes. 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: June 22, 2023
B. Conference with Real Property Negotiations pursuant to Government Code Section
54956.8:
1. Property Description: 72-559 Highway 111
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: Palm Desert Area Chamber of Commerce
Under Negotiation: Price and Terms
2. Property Description: 9002 Shadow Ridge Road
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: Marriott Ownership Resorts
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
RECONVENE REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE: Councilmember Nestande
INSPIRATION: Councilmember Harnik
REPORT OF CLOSED SESSION: City Attorney Hargreaves
AGENDA Thursday, July 13, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 3 of 10
AWARDS, PRESENTATIONS, AND APPOINTMENTS
CITY MANAGER COMMENTS
A. FOURTH OF JULY CELEBRATION UPDATE
B. OUTDOOR WORKER APPRECIATION DAY
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
Calendar for up to three minutes. 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 June 22, 2023.
B. APPROVAL OF WARRANTS
RECOMMENDATION: Approve warrants issued from January 14 through June 30, 2023.
C. APPROVE SPONSORSHIP FOR CELEBRATE CV EVENT
RECOMMENDATION:
1. Approve sponsorship in the amount of $25,000 for the Celebrate CV event scheduled
for December 30, 2023.
2. Authorize the Director of Finance to appropriate $25,000 to Account
No. 1104800-4306201, from available General Fund Reserves.
D. APPROVE REVISIONS TO THE CITY OF PALM DESERT’S PUBLIC ART
DEACCESSIONING POLICY
RECOMMENDATION: Approve revisions to the City of Palm Desert’s Public Art
Deaccessioning Policy for the City’s permanent public art collection.
AGENDA Thursday, July 13, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 4 of 10
E. ADOPT A RESOLUTION DECLARING CITY OF PALM DESERT OWNED
PROPERTIES WITH ASSESSOR’S PARCEL NUMBERS (APN) 627-101-002,
627-101-017, 627-101-033, 627-101-061, 627-101-062, AND ADJACENT RIGHT OF
WAY SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF
AVAILABILITY FOR THE SALE OF THE PROPERTIES
RECOMMENDATION:
1. Adopt a Resolution declaring City of Palm Desert properties with APNs 627-101-002,
627-101-017, 627-101-033, 627-101-061, 627-101-062, and adjacent Right of Way
surplus land for purposes of the Surplus Land Act.
2. Authorize staff to release a Notice of Availability for the sale of the properties.
F. ADOPT A RESOLUTION DECLARING CITY OF PALM DESERT OWNED
PROPERTIES WITH ASSESSOR’S PARCEL NUMBERS (APN) 640-370-018 AND
640-370-016 SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE
OF AVAILABILITY FOR THE SALE OF THE PROPERTIES
RECOMMENDATION:
1. Adopt a Resolution declaring City of Palm Desert properties with APNs 640-370-018
and 640-370-016 surplus land for purposes of the Surplus Land Act.
2. Authorize staff to release a Notice of Availability for the sale of the properties.
G. ADOPT A RESOLUTION DECLARING CITY OF PALM DESERT OWNED PROPERTY
WITH ASSESSOR’S PARCEL NUMBER 627-164-012 SURPLUS LAND AND
AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE
OF THE PROPERTY
RECOMMENDATION:
1. Adopt a Resolution declaring City of Palm Desert property with APN 627-164-012
surplus land for purposes of the Surplus Land Act.
2. Authorize staff to release a Notice of Availability for the sale of the property.
H. APPROVAL OF RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL
YEAR 2023-24
RECOMMENDATION: Approve a Resolution authorizing the annual levy of a special tax
in the City of Palm Desert Community Facilities District No. 2005-1 (University Park) for
Fiscal Year 2023-24.
I. APPROVAL OF RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK) FOR FISCAL
YEAR 2023-24
RECOMMENDATION: Approve Resolution authorizing the annual levy of a special tax in
the City of Palm Desert Community Facilities District No. 2021-1 (University Park) for
Fiscal Year 2023-24.
AGENDA Thursday, July 13, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 5 of 10
J. APPROVE A ONE YEAR EXTENSION TO THE CONTRACT BETWEEN THE CITY OF
PALM DESERT AND CIRCUIT TRANSIT, INC., TO PROVIDE EL PASEO COURTESY
CART SERVICES FOR FISCAL YEAR 2023/24
RECOMMENDATION:
1. Approve Amendment No. 1 to Contract No. C43540 with Circuit Transit, Inc., in an
amount not to exceed $219,241.02, including regularly scheduled, special events and
flex hours for the operation of the El Paseo Courtesy Cart Program during Fiscal Year
2023/24.
2. Authorize the City Manager to execute said contract and allow the City Attorney to
make non-substantive changes.
K. HOUSING AUTHORITY: RATIFICATION OF MULTIPLE VENDOR CONTRACTS FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE HOUSING AUTHORITY
PROPERTIES IN THE AGGREGATE AMOUNT NOT TO EXCEED $270,000
RECOMMENDATION:
1. Ratify the award of multiple vendor contracts for construction management services
entered between the City of Palm Desert and Anser Advisory Management LLC,
MARRS Services, Inc., and MAAS Companies, Inc., to support the completion of
capital improvement projects at the Housing Authority properties in the aggregate
amount not to exceed $270,000.
2. Authorize the City to administer the contracts on behalf of the Housing Authority and
authorize the City Manager to execute said contracts and subsequent task orders.
3. Authorize Director of Finance to transfer $100,000 from Housing Authority
Account No. 8714195-4309200 to Account No. 8714195-4331100 for Fiscal Year
2022/23.
4. Direct the Director of Finance and Director of Public Works/Capital Projects to review
annual expenditures and performance of the vendors under said contracts.
5. Authorize the contracts subject to the City Attorney’s non-monetary changes as to form.
L. HOUSING AUTHORITY: APPROVAL OF AMENDMENT NO. 2 TO CONTRACT
HA 40360 WITH SOUTHWEST PROTECTIVE SERVICES, INC., FOR COURTESY
PATROL SERVICES AT PALM DESERT HOUSING AUTHORITY PROPERTIES IN A
TOTAL AMOUNT NOT TO EXCEED $145,517.20
RECOMMENDATION:
1. Approve Amendment No. 2 to Contract HA 40360 with Southwest Protective Services,
Inc., for courtesy patrol services at the Palm Desert Housing Authority properties
effective September 1, 2023, for an additional one (1) year term in a total annual
amount not to exceed $145,517.20 (includes an annual amount not to exceed
$135,517.20 and up to $10,000 for additional services to be requested as needed).
2. Authorize the Executive Director to execute the Amendment and any documents
necessary to effectuate and implement the actions taken herewith.
AGENDA Thursday, July 13, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 6 of 10
M. RECEIVE AND FILE A LETTER OF SUPPORT FOR COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS’ GRANT APPLICATION TO THE CALIFORNIA
TRANSPORTATION COMMISSION'S LOCAL TRANSPORTATION CLIMATE
ADAPTATION PROGRAM
RECOMMENDATION: Receive and file the letter of support for Coachella Valley Association
of Governments’ grant application for the ACCESS Indian Canyon Project to the California
Transportation Commission's Local Transportation Climate Adaptation Program.
N. HOUSING AUTHORITY: APPROVE A RESOLUTION ADOPTING A RECORDS
MANAGEMENT AND RETENTION POLICY
RECOMMENDATION: Approve a Resolution adopting the Records Management Policy and
Records Retention Schedules of the City of Palm Desert to apply to the Palm Desert Housing
Authority, except as otherwise preempted by federal, state, or local law.
O. REJECT ALL PROPOSALS FOR BUMP & GRIND TRAILHEAD RESTROOM
PROJECT AND AUTHORIZE STAFF TO READVERTISE FOR PROPOSALS
(PROJECT NO. 956-23)
RECOMMENDATION:
1. Reject all proposals presented for Bump & Grind Trailhead Restroom Project.
2. Authorize Public Works staff to readvertise the project.
P. RATIFY THE CITY MANAGER’S APPROVAL OF CHANGE ORDER NO. 2 TO
CONTRACT NO. C40620 FOR THE DRAINAGE IMPROVEMENTS AT FIRE STATION
NO. 71-COUNTRY CLUB DRIVE (PROJECT NO. 562-23)
RECOMMENDATION: Ratify the City Manager’s approval of Change Order No. 2 to
C40620 with Pro-Craft Construction for drainage improvements at Fire Station No. 71-
Country Club Drive, in the amount of $125,000.
Q. AUTHORIZE THE TRANSFER OF DEVELOPER DEPOSIT FOR PORTOLA AVENUE
MEDIAN AND MAGNESIA FALLS DRIVE MEDIAN ISLAND LANDSCAPE PROJECT
(PROJECT NO. 937-23/MLS00027)
RECOMMENDATION: Authorize the Director of Finance to transfer developer deposit in
the amount of $151,200 from Deposit Account No. 4000000-2220000 to Project Account
No. 4004614-4337001 for the Portola Avenue and Magnesia Falls Drive Median Island
Landscape Installation.
R. APPROVE FIRST AMENDMENT TO THE AGREEMENT FOR MARKETING
SERVICES BETWEEN THE CITY OF PALM DESERT AND IDEA PEDDLER
RECOMMENDATION:
1. Approve Amendment No. 1 to Contract No. C43390 in the amount of $890,000 with
Idea Peddler for marketing services.
2. Authorize the City Attorney to make non-substantive changes to the amendment and
the City Manager to execute the agreement on behalf of the City.
AGENDA Thursday, July 13, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 7 of 10
S. ADOPT A RESOLUTION SETTING THE CITY COUNCIL REGULAR MEETING
SCHEDULE FOR THE CALENDAR YEAR 2024
RECOMMENDATION: Adopt a Resolution establishing dates for regular meetings of the
Palm Desert City Council for the calendar year 2024.
CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate
discussion are considered at this time.
2. ACTION CALENDAR:
A. AWARD CONTRACT TO PALM SPRINGS LIFE / DESERT PUBLICATIONS, INC., TO
PRODUCE PALM DESERT’S 50TH ANNIVERSARY CELEBRATION
RECOMMENDATION:
1. Approve Contract with Palm Springs Life/Desert Publications, Inc., in the amount of
$350,000 to produce Palm Desert’s 50th Anniversary Celebration scheduled for
November 18, 2023.
2. Authorize staff to finalize negotiations of the Contract.
3. Authorize the City Manager to execute Contract, subject to the satisfaction of the City
Attorney.
4. Authorize Director of Finance to appropriate $270,000 to Account No. 1104800-4306101,
from available General Fund Reserves.
B. APPROVE CONTRACT WITH COACHELLA VALLEY WATER DISTRICT FOR
UTILITY CONFLICT RELOCATION IN ROUNDABOUT AT SAN PABLO AVENUE AND
SAN GORGONIO WAY
RECOMMENDATION:
1. Approve a Contract with Coachella Valley Water District (CVWD) for Utility Conflict
Relocation at San Pablo Phase 1 Roundabout in the amount of $115,000 to prepare
for installation of Sunburst sculpture by artist Donald Gialanella.
2. Approve project contingency in the amount of $30,000.
3. Authorize Director of Finance to appropriate $145,000 to the Restricted Capital Project
Fund Account No. 4514342-4400100.
4. Authorize City Attorney to make any necessary, non-monetary changes to the CVWD
Contract.
5. Approve gas line relocation by SoCalGas.
6. Authorize City Manager to sign all documents and waive all permit fees associated
with execution of this project.
AGENDA Thursday, July 13, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 8 of 10
C. AWARD CONTRACT NO. C45240 IN THE AMOUNT OF $3,057,420 TO MATICH
CORPORATION OF SAN BERNARDINO, CALIFORNIA, FOR THE FRED WARING
DRIVE STREET REHABILITATION PROJECT (PROJECT NO. 752-23/MST00008)
RECOMMENDATION:
1. Make a finding that the project is categorically exempt from further review under the
California Environmental Quality Act guidelines, Class 1 of Section 15301, and
authorize the City Engineer to submit a Notice of Exemption.
2. Award Contract No. C45240, including bid alternate #1, in the amount of $3,057,420
to Matich Corporation of San Bernardino, California, for the Fred Waring Drive Street
Rehabilitation Project.
3. Authorize the Director of Finance to set aside a 10% contingency in the amount of
$306,000.
4. Authorize the Director of Finance to set aside an early completion incentive in the
amount of $300,000.
5. Authorize the City Manager to review and approve written requests for the use of
contingency for unanticipated conditions, per Section 3.30.170 Section B of
Ordinance No. 1392.
6. Authorize the City Manager to review and approve the use of incentive funds if the
requisite conditions have been met.
7. Authorize the City Manager or designee to execute the Agreement and the City
Attorney to make non-monetary changes to the contract.
3. PUBLIC HEARINGS
A. APPROVE A PROPOSED PLAN FOR BOND ISSUANCE BY THE CALIFORNIA
STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE CROSSINGS
AT PALM DESERT APARTMENT PROJECT
RECOMMENDATION:
1. Conduct the public hearing under the requirements of Tax and Equity Fiscal
Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended
(the “Code”) in connection with the proposed issuance in one or more series of
revenue bonds by the California Statewide Communities Development Authority
(“CSCDA”), a joint exercise of powers authority and public entity of the State of
California, in an amount not to exceed Sixty Million Dollars $60,000,000.00 (the
“Bonds”), to finance the acquisition, construction and development of the 176-unit
Crossings at Palm Desert Apartments, a multifamily rental housing project located at
located at the southeast corner of Dick Kelly Drive & Gateway Drive, Palm Desert,
California (the “Project”) and receive public comments.
2. Adopt a resolution in the form attached hereto approving the issuance of the Bonds
by CSCDA for the benefit of A0357 Palm Desert, L.P., a California Limited Partnership
(the "Borrower") a partnership of which Urban Housing Communities, LLC (the
"Developer") or a related person to the Developer is the general partner, to provide
for the financing of the Project. Such adoption is solely for the purposes of satisfying
the requirements of TEFRA, the Code and California Government Code Sections
6500 et seq.
AGENDA Thursday, July 13, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 9 of 10
B. APPROVE A POWER PURCHASE AGREEMENT WITH FOREFRONT POWER FOR
THE DESERT WILLOW OVERFLOW LOT PHOTOVOLTAIC PROJECT
(PROJECT NO. 777-14/CFA00005)
RECOMMENDATION:
1. Conduct a Public Hearing and adopt a Resolution finding that the project will result in
net cost savings to the City over the life of the 20-year contract and finding that the
project is categorically exempt from further review pursuant to the requirements of the
California Environmental Quality Act (CEQA).
2. Authorize the City Manager to execute the Power Purchase Agreement for the
Photovoltaic Systems at the planned Overflow Lot.
3. Authorize the City Manager to negotiate non-monetary changes and clarifications to
the agreements, in consultation with the City Attorney, as may be required to carry out
the intent of the agreement.
4. INFORMATION ITEMS
None.
ADJOURNMENT
AGENDA Thursday, July 13, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 10 of 10
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@palmdesert.gov.
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.palmdesert.gov/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.palmdesert.gov
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) 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.gov no less than 72 hours prior to the meeting.
/S/ Níamh M. Ortega
Assistant City Clerk