CITY OF PALM DESERT
REGULAR
PALM DESERT CITY COUNCIL (CC),
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA),
AND HOUSING AUTHORITY (HA) MEETING
(VIRTUAL MEETING)
THURSDAY, FEBUARY 10, 2022
3:00 p.m. Closed Session
4:00 p.m. Regular Session
Note: Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.
City Council Meetings are live-streamed. You can access and view the meetings through the City’s website at https://www.cityofpalmdesert.org and click on “Council Agenda” at the top of the page.
Options for participating in the meeting: To participate by email, internet or telephone, see detailed instructions on the last page.
AGENDA FEBRUARY 10, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 2
CALL TO ORDER – 3:00 P.M.
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY – Any person wishing to discuss any Closed Session business that is within the subject matter may participate utilizing one of the three options listed on the back page of this agenda.
ADJOURN TO CLOSED SESSION
A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8:
1) (Successor Agency)
Property: 18.73-acre site, located on Desert Willow Drive, northwest of Market Place (APNs 620-450-012, 013, 014).
City Negotiator: Todd Hileman/Martin Alvarez
Other Party Negotiator: Family Development Group, Inc.
Property Owner: Successor Agency to Palm Desert Redevelopment Agency
2) (Successor Agency)
Property: Approximately 93-acre portion of the 128-acre site, located west of Portola Avenue and south of Gerald Ford Drive (APNs 694-310-002, 003, and a portion of 694-310-006).
City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja
Other Party Negotiator: Refuge Palm Desert, LLC
Property Owner: Successor Agency to Palm Desert Redevelopment Agency
3) (City)
Property: 45656 Mountain View (APN 627-351-024-8)
City Negotiator: Todd Hileman/Andy Firestine/Janet Moore Other Party Negotiator: The Lerae Britain Moeller Bush Living Trust Property Owner: The Lerae Britain Moeller Bush Living Trust B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2):
1) Potential cases: 2
RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MEETING – 4:00 P.M.
a) Roll Call
b) Pledge of Allegiance to the Flag – Councilmember Karina Quintanilla c) Inspiration/Invocation – Councilmember Kathleen Kelly AGENDA FEBRUARY 10, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 3
REPORT ON ACTION FROM CLOSED SESSION
AWARDS, PRESENTATIONS, AND APPOINTMENTS
CITY MANAGER COMMENTS
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
NON AGENDA PUBLIC COMMENTS: This is an opportunity for the public to speak on issues that are not on the agenda for a maximum of three minutes. Speakers may utilize one of the three options listed on the back page of this agenda.
Because the Brown Act does not allow the City Council, Successor Agency, and Housing Authority Boards to take action on items not on the Agenda, members may briefly respond or instead refer the matter to staff for report and recommendation at a future City Council, Successor Agency, or Housing Authority Meeting.
CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and may be approved by one (1) Minute Motion.
1. MINUTES of the regular City Council, Successor Agency, and Housing Authority Meeting of January 13, 2022 (CC) (SA) (HA) ...............................................................Page Rec.: Approve as presented.
2. APPROVE CLAIMS AND DEMANDS WARRANTS: City & Housing: 1/21/2022 (CC, HA) ........................................................................................................................Page Rec.: Receive and file.
3. REQUEST TO AUTHORIZE findings that the State of California continues in a Governordeclared state of emergency (AB361) to combat the COVID epidemic, that state and local health officials are recommending social distancing, and consequently that the City Council and its other Brown-Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e) (CC)............................................Page AGENDA FEBRUARY 10, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 4
Rec.: The City Council hereby finds the State of California continues in a Governordeclared state of emergency to combat the COVID epidemic, that state and local health officials are recommending social distancing, and consequently that the City Council and its other Brown-Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e).
4. RESOLUTION to approve Mid-Year Adjustments for the Fiscal Year 2021-22 Revenue and Expenditures (CC) ...................................................................................Page Rec: By Minute Motion, waive further reading and adopt a resolution approving mid-year adjustments to revenue and expenditures for the FY 2021-22.
5. RESOLUTION to authorize the destruction of paper records that have been digitally imaged from the Development Services Department (Planning/Land Development Division) to rely on the electronic record as the official record. (CC) ..............Page Rec.: Waive further reading and adopt.
6. AWARD of Contract No. C42330 in the amount of $158,830 to United Storm Water, Inc. of Industry, California for the 2021 Catch Basin and Drain Cleaning Project (Project No. 501-21) (CC) …………………. ........................................................................Page Rec.: By Minute Motion:
1. Award Contract No. C42330 in the amount of $158,830 to United Storm Water, Inc. of Industry, California, for the 2021 Catch Basin and Drain Cleaning Project;
2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $15,883;
3. Authorize the City Manager or designee to review and approve written requests for the use of contingency for unanticipated conditions, per Section 3.30.170 Section A of Ordinance No. 1335; and
4. Authorize the City Manager to execute the Agreement.
7. AWARD of Contract to KOA Corporation of Monterey Park, California, for Traffic Engineering Services in the amount of $186,300 for the Neighborhood Traffic Management Plan (Project No. 570-21) (CC).................................................Page Rec.: By Minute Motion:
1. Award Contract to KOA Corporation of Monterey Park, California, for Traffic Engineering Services in the amount of $186,300; and
2. Authorize the City Manager or their designee to execute said agreement and any amendments and related documents as recommended by staff.
AGENDA FEBRUARY 10, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 5
8. AWARD of Contract No. C42440 in the amount of $89,800 to Multi W Systems, Inc. of El Monte, California, for the Civic Center Pump Station Improvements Project (Project No. 920-22 (CC)....................................................................................................Page Rec.: By Minute Motion:
1. Award Contract No. C42440 for the Civic Center Pump Station Improvements Project to Multi W Systems, Inc. of El Monte, California, in the amount of $89,800;
2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $9,000;
3. Authorize the Director of Finance to transfer $98,800 from the Civic Center Photovoltaic Project (Account No. 4504161-4400100) to Civic Center Capital Project (Account No. 1104674-4400100);
4. Authorize the Mayor to execute the agreement; and
5. Authorize the City Manager to approve change orders associated with this contract based on staff’s recommendations.
9. AWARD Contract No. C42170 to Commercial Waterproofing Systems, Inc. of Santa Ana, California, for the Desert Willow Golf Resort Maintenance Facility Roof Repairs in the amount of $77,000 (Project No. 851-22) (CC).................................................. Page Rec.: By Minute Motion:
1. Award Contract No. C42170 to Commercial Waterproofing Systems, Inc., of Santa Ana, California, for the Desert Willow Golf Resort Maintenance Facility Roof Repairs in the amount of $77,000;
2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $7,700 for unforeseen conditions; and
3. Authorize the City Manager to execute said the agreement and any change orders associated with this contract based on staff’s recommendations.
10. APPROVE AND AWARD an agreement with Mosaic Public Partners LLC and authorize the expenditure of up to $86,000 for recruitment services (CC)............................... Page Rec.: By Minute Motion:
1. Approve and award an agreement with Mosaic Public Partners LLC; and
2. Authorize the expenditure of up to $86,000 for recruitment services, including additional expenses.
11. AWARD Contract to Conserve Landcare of Thousand Palms, California for the Parks and Landscape Enhancement Project for an annual amount of $250,000 for a term of 53 months (Project No. 934-22) (CC)...............................................................................Page Rec.: By Minute Motion:
1. Award Contract for the Parks and Landscape Enhancement Project to Conserve Landcare of Thousand Palms, California, for an annual amount of $250,000;
2. Authorize the Mayor to execute the agreement; and
AGENDA FEBRUARY 10, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 6
3. Authorize City Manager to approve change orders associated with this contract and up to three (3) one-year contract extensions based on staff’s recommendations.
12. ACCEPT Contract No. C38820B with Los Angeles Engineering, Inc. of Riverside, California, for the San Pablo Avenue Phase 2 Street Improvements as complete and authorize the City Clerk to file a Notice of Completion (Project No. 681-20) (CC) Page Rec.: By Minute Motion:
1. Accept Contract No. C38820B with Los Angeles Engineering, Inc. of Riverside, California, for the San Pablo Avenue Phase 2 Street Improvements as complete;
2. Approve Change Order No. 13 to Contract No. C38820B in the amount of $22,421.79;
3. Approve Contract Amendment No. 1 to Contract No. C38820A in the amount of $25,000;
4. Authorize the transfer of $25,000 from the remaining contingency amount for the project from Contract No. C38820B to Contract C38820A;
5. Authorize the City Clerk to file the Notice of Completion; and
6. Authorize the City Manager or their designee to execute the change order and contract amendment.
13. APPROVE Mills Act Contract for property located at 72-765 Mesquite Court, Unit C, Kings Point at Palm Desert (Shadow Cove), APN 628-270-033 (CC) ......................Page Rec.: By Minute Motion:
1. Approve the following Mills Act contract for 72-765 Mesquite Court, Unit C, Kings Point at Palm Desert (Shadow Cove), APN 628-270-033 in accordance with section 29.70.030 of the Palm Desert Municipal Code (PDMC).
2. Authorize City Manager and City Attorney to approve, sign and execute the contracts.
14. RECEIVE AND FILE letter of resignation from Ms. Donna Ault, Housing Commission (CC) ........................................................................................................................Page Rec.: Receive and file with sincere regret.
15. ORDINANCE NO. 1375: Consideration of approval to the City Council for Zoning Ordinance Amendment 21-0002 to amend the Palm Desert Municipal Code, Chapter 25, modifying Section 25.60.60 (Public Hearing and Public Notice), adding Section 25.60.160 “Community Engagement,” and Chapter 5, Section 5.11 “Disclosures Upon Transfer of Residential Property” regulating the public engagement process. (2nd Reading) (CC) .........Page Rec.: Waive further reading and adopt.
CONSENT ITEMS HELD OVER
AGENDA FEBRUARY 10, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 7
ACTION CALENDAR
16. REQUEST FOR DIRECTION for a future Request for Proposals (RFP) for design work related to North Sphere Regional Park (NSRP) (CC) .....................................Page Rec.: By Minute Motrion, provide City staff confirmation of contents for a future RFP for design work related to the NSRP and authorize the Parks and Recreations Commission to work with the selected design firm on the final park design.
PUBLIC HEARING
17. RESOLUTION NO. 2022-07 to approve a Historic District Designation for Sandpiper Condominiums Circle 2 located on El Paseo (Cont’d from January 27th meeting) (CC) ........................................................................................................................Page Rec.: Waive further reading and adopt a resolution reaffirming the action of the Cultural Resources Preservation Committee, designating the Sandpiper Condominiums Circle 2, located on El Paseo, with a Historic District designation in accordance with Section 29.50.010 of the Palm Desert Municipal Code (PDMC).
18. RESOLUTION NO. 2022-08 to approve a Historic District Designation for Sandpiper Condominiums Circle 3 located on El Paseo (Cont’d from January 27 meeting) (CC) ........................................................................................................................Page Rec.: Waive further reading and adopt a resolution reaffirming the action of the Cultural Resources Preservation Committee, designating the Sandpiper Condominiums Circle 3, located on El Paseo, with a Historic District designation in accordance with Section 29.50.010 of the Palm Desert Municipal Code (PDMC).
ADJOURNMENT
AGENDA FEBRUARY 10, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 8
THREE OPTIONS FOR PARTICIPATING IN THE MEETING
Option 1 - To Participate by E-mail:
1. Send your comments by email to: [email protected] E-mails received by 12:00 noon prior to the start of the meeting will be made part of the record and distributed to the City Council. This method is encouraged because it will give Councilmembers the opportunity to reflect upon your input. Emails will not be read aloud.
Option 2 - To Participate and Provide Verbal Comments by Using Your Internet:
1. Access via https://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 - To Listen and Provide Verbal Comments Using Your Telephone:
1. Dial any of the following based on your location: (669) 900-9128 or (213) 338-8477 or (669) 219-2599 or (971) 247-1195 or (253) 215-8782.
If there are high volumes of calls, please continue dialing until you connect successfully.
2. Enter the Meeting ID: 833 6744 9572 followed by #.
3. Indicate that you are a participant by pressing # to continue.
4. You will hear audio of the meeting in progress. Remain on the line if the meeting has not yet started.
5. During the meeting, Press *9 to add yourself to the queue and wait for City Clerk staff to announce your name/phone number. The City Clerk will unmute your line when it is your turn to speak. Limit your comments to three (3) minutes.
Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies regarding any item on this agenda, are available for public inspection at City Hall and on the City’s website at https://www.cityofpalmdesert.org by clicking “Council Agenda” at the top of the page.
Declaration of Posting:
I, Níamh M. Ortega, Deputy 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 no less than 72 hours prior to the meeting. Dated this 3rd day of February, 2022. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting.
Níamh M. Ortega _
Niamh M. Ortega, Deputy City Clerk