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HomeMy WebLinkAbout0 Agenda 2023-05-11 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, May 11, 2023 1:30 p.m. Study Session 3:00 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, May 11, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 2 of 8 3:00 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: April 27, 2023 B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1. Property Description: 45656 Mountain View Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Deborah Glickman Negotiating Parties: Fidelis Advisors Under Negotiation: Price and Terms 2. Property Description: 72-880 Highway 111, Palm Desert (APN 640-120-020) Agency: City of Palm Desert City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Negotiating Parties: Seritage SRC Finance Under Negotiation: Price and Terms C. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City Negotiator: Todd Hileman/Andrea Staehle Other Party Negotiator: Palm Desert Employee Organization D. 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 Harnik INSPIRATION: Mayor Pro Tem Quintanilla AGENDA Thursday, May 11, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 of 8 REPORT OF CLOSED SESSION: City Attorney Hargreaves AWARDS, PRESENTATIONS, AND APPOINTMENTS CITY MANAGER COMMENTS A. PURCHASING POLICY 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 CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES RECOMMENDATION: Approve the Minutes of April 27, 2023, Council meeting and the May 1 and May 2, 2023, study sessions. B. APPROVAL OF WARRANTS RECOMMENDATION: Approve warrants issued for the period of March 8, 2023, through April 28, 2023. C. AWARD CONTRACT NO. C44890 TO HORIZON PROFESSIONAL LANDSCAPE, INC., OF COACHELLA, CALIFORNIA, FOR THE DESERT WILLOW PERIMETER LANDSCAPE AND LIGHTING REHABILITATION PHASE 2 PROJECT IN THE AMOUNT OF $319,260 (PROJECT NO. 871-23) RECOMMENDATION: 1. Award Contract No. C44890 to Horizon Professional Landscape, Inc., of Coachella, California, for the Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 2 Project in the amount of $319,260. 2. Authorize the Director of Finance to set aside a contingency in the amount of $60,000 for unforeseen conditions. 3. Authorize the City Manager or designee to review and approve written requests for the use of contingency for unforeseen conditions per Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the agreement. AGENDA Thursday, May 11, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 of 8 D. APPROVE FEE WAIVER AND TEMPORARY WAIVER OF CERTAIN PARKS ORDINANCES FOR THE DESERT RECREATION DISTRICT FUNDRAISER AT CIVIC CENTER PARK RECOMMENDATION: Approve fee waiver and temporary waiver of certain parks ordinances for Desert Recreation District fundraiser at Civic Center Park as follows: 1. 11.01.20 (Hours of Use in City Parks); 2. 11.01.140 (Amplified Sound in City Parks); 3. 11.01.080 O (Placement of Advertising Signage in City Parks); 4. 11.01.080 Q (Vendor Sales in City Parks); and 5. 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040. E. HOUSING AUTHORITY - AUTHORIZE THE AWARD OF A GENERAL SERVICES AGREEMENT TO EXCLUSIVE PEST CONTROL SERVICES IN AN AMOUNT NOT TO EXCEED $74,832 ANNUALLY FOR PEST CONTROL AND EXTERMINATION SERVICES AT THE HOUSING AUTHORITY RESIDENTIAL RENTAL PROPERTIES RECOMMENDATION: 1. Authorize the award of a three-year General Services Agreement, with an option to renew no more than two additional one-year terms to Exclusive Pest Control Services for pest control and extermination services at the Housing Authority residential rental properties, in a total annual amount not to exceed $74,832 (includes an annual cost of $62,580 and $12,252 for as-needed additional services). 2. Authorize RPM Company, the Housing Authority’s contracted management company, to monitor the Agreement and authorize additional pest control and extermination services as determined to be necessary due to emergency actions and/or to proactively respond to the needs of the properties. F. ACCEPT CONTRACT NO. C43340 WITH CHRISP COMPANY OF FREEMONT, CALIFORNIA, FOR THE CONSTRUCTION OF THE HAYSTACK ROAD TRAFFIC CALMING AND SAFETY IMPROVEMENTS PHASE 1 & PD LINK PHASE 1 CLASS III BICYCLE FACILITIES AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION (PROJECT NO. 667-21 & 708-20) RECOMMENDATION: 1. Accept Contract No. C43340 with Chrisp Company of Freemont, California, for the construction of the Haystack Road Traffic Calming and Safety Improvements Phase 1 and PD Link Phase 1 Class III Bicycle Facilities as complete. 2. Authorize the City Clerk to file the Notice of Completion. AGENDA Thursday, May 11, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 of 8 G. ACCEPT RESIGNATIONS FROM THE BUILDING BOARD OF APPEALS, FINANCE COMMITTEE, HOUSING COMMISSION, AND RESOURCE PRESERVATION AND ENHANCEMENT COMMITTEE RECOMMENDATION: Accept with regret the resignation of Pamela Martin from the Building Board of Appeals, Karen Alexander from the Finance Committee, and Dennis Guinaw from the Housing Commission and Resource Preservation and Enhancement Committee. H. AUTHORIZE A CHANGE ORDER TO THE EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT CONTRACT WITH FG CREATIVE IN THE AMOUNT OF $40,000 RECOMMENDATION: 1. Authorize a Change Order to El Paseo Parking and Business Improvement District contract C43370 with FG Creative in the amount of $40,000. 2. Authorize the City Manager to execute said agreement on behalf of the City. I. APPROVE AMENDMENT NO. 2 TO CONTRACT NUMBER C41660 WITH SAME DAY EXPRESS FOR MAINTENANCE OF THE CITY OF PALM DESERT’S PERMANENT PUBLIC ART COLLECTION AND THE EL PASEO SCULPTURE EXHIBITION RECOMMENDATION: 1. Approve Amendment No. 2 to Contract Number C41660 with Same Day Express in the amount of $55,200 from the term of July 1, 2023, to June 30, 2024, for maintenance of the City of Palm Desert’s permanent public art collection and the El Paseo Sculpture Exhibition. 2. Approve up to $20,000 on an as needed basis for additional public art maintenance and repair services from Same Day Express. 3. Authorize the City Manager to execute amendment. J. ACCEPT CONTRACT NO. C43400 AS COMPLETE FOR THE NORTH SPHERE WIND FENCE INSTALLATION PROJECT (PROJECT 767-22) RECOMMENDATION: Accept Contract No. C43400 with Red Hawk Services, Inc., of Perris, California, for the North Sphere Wind Fence Installation Project as complete and authorize the City Clerk to file the Notice of Completion. K. SECOND READING AND ADOPTION OF ORDINANCE NO. 1393 AMENDING AND UPDATING VARIOUS SECTIONS OF THE PALM DESERT MUNICIPAL CODE, INCLUDING UPDATES TO TITLE 25, ZONING RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1393. AGENDA Thursday, May 11, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 of 8 L. AUTHORIZE THE CITY MANAGER TO RENEW AN AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC., (ESRI) FOR AN ENTERPRISE ADVANTAGE PROGRAM IN THE AMOUNT OF $56,500.00 RECOMMENDATION: Authorize the City Manager to renew an agreement with Environmental Systems Research Institute, Inc., (ESRI) for an Enterprise Advantage Program, in the amount of $56,500.00, to provide consulting, training, and technical assistance for Geographic Information Systems initiatives. M. APPROVE THE START OF PROCEEDINGS TO LEVY AND COLLECT ANNUAL ASSESSMENTS AND GRANT PRELIMINARY APPROVAL OF THE 2023/2024 ENGINEER’S REPORT FOR CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 RECOMMENDATION: Waive further reading and adopt: 1. A Resolution to initiate proceedings for the levy and collection of annual assessments for Consolidated Palm Desert Landscaping and Lighting Maintenance District No. 1 for Fiscal Year 2023/2024. 2. A Resolution to declare the intent to levy and collect annual assessments granting preliminary approval of the 2032/2024 Engineer’s Report for Consolidated Palm Desert Landscaping and Lighting Maintenance District No. 1. 3. Set a public hearing to be held at City Hall on Thursday, June 22, 2023. N. APPROVE THE START OF PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2023/2024 RECOMMENDATION: Waive further reading and adopt: 1. A Resolution to initiate proceedings for the levy and collection of assessments for City of Palm Desert Benefit Assessment District No. 1 for Fiscal Year 2023/2024. 2. A Resolution to declare its intention to levy the annual assessment for City of Palm Desert Benefit Assessment District No. 1 for Fiscal Year 2023/2024, pursuant to the Benefit Assessment Act of 1982 and appointing a time and place for the public hearing on these matters. 3. Set a public hearing to be held at City Hall on Thursday, June 22, 2023. O. ACCEPT CONTRACT NO. C43130 AS COMPLETE FOR THE COOK STREET REHABILITATION PROJECT (PROJECT 752-21) RECOMMENDATION: Accept Contract No. C43130 with Matich Corporation of San Bernadino, California, for the Cook Street Rehabilitation Project as complete and authorize the City Clerk to file the Notice of Completion. AGENDA Thursday, May 11, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 7 of 8 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 REGARDING THE WAYFINDING SIGN PROGRAM MASTERPLAN PROJECT RECOMMENDATION: Provide staff direction on modifications/improvements to the Wayfinding Sign Program and the entry monument signage. B. REQUEST FOR DIRECTION REGARDING THE PALM DESERT LIBRARY RECOMMENDATION: Provide staff direction regarding the Palm Desert Library. C. AUTHORIZE STAFF TO PROCEED WITH PUBLIC ENGAGEMENT PROCESS AND PUBLIC EDUCATION ON POTENTIAL GENERAL SALES TAX MEASURE AND PROVIDE DIRECTION ON DRAFTING A RESOLUTION WITH BALLOT LANGUAGE FOR THE COUNCIL’S CONSIDERATION AT A FUTURE DATE RECOMMENDATION: Authorize staff to proceed with the public education process and public engagement on a potential general sales tax revenue (also known as transaction and use tax) measure and provide direction to staff on drafting a resolution with ballot language for the council’s consideration at a future date. D. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12.04 OF THE PALM DESERT MUNICIPAL CODE REGARDING ENCROACHMENTS AND EXCAVATIONS RECOMMENDATION: Waive further reading and pass to second reading an Ordinance amending Chapter 12.04 of the Palm Desert Municipal Code regarding encroachments and excavations. E. INTRODUCTION OF AN ORDINANCE AMENDING THE PALM DESERT MUNICIPAL CODE RELATIVE TO THE HOMELESSNESS TASK FORCE MEMBERSHIP RECOMMENDATION: Waive further reading and introduce an ordinance amending the Palm Desert Municipal Code relative to the Homelessness Task Force Membership. 3. PUBLIC HEARINGS None. 4. INFORMATION ITEMS None. ADJOURNMENT AGENDA Thursday, May 11, 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@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