CITYOFPALM 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, April 27, 2023
1:30 p.m. Study Session
3:00 p.m. Closed Session
4:00 p.m. Regular Session
Pursuant toAssemblyBill 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, April 27, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
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 13, 2023
B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8:
1. Property Description: 73710 Fred Waring Drive, Suites 203 and 205 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
2. Property Description: Desert Willow Lot Pad B (APN 620-400-008, 023, 620-420-024) Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo
Negotiating Parties: Desert Wave Ventures, LLC
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
ROLL CALL
PLEDGE OF ALLEGIANCE: Councilmember Nestande
INSPIRATION: Councilmember Trubee
REPORT OF CLOSED SESSION: City Attorney Hargreaves
AGENDA Thursday, April 27, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PROCLAMATION – WORLD WISH DAY
B. PROCLAMATION – HIGH SCHOOL ATHLETICS
CITY MANAGER COMMENTS
A. EMERGENCY MANAGEMENT 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 13, 2023.
B. APPROVAL OF WARRANTS
RECOMMENDATION: Approve warrants issued for the period of March 10, 2023, through April 13, 2023.
C. RECEIVE AND FILE THE APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE FOR KATSUYAMA F&B, INC., DBA KATSUYAMA, 74990 COUNTRY CLUB DRIVE STA 330A RECOMMENDATION: Receive and file the application for Alcoholic Beverage License for Katsuyama F&B, Inc.
AGENDA Thursday, April 27, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
D. AWARD A CONTRACT FOR THE NORTH SPHERE FIRE STATION OFFSITE
IMPROVEMENTS TO ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., IN THE AMOUNT OF $274,254.10 (PROJECT NO. 762-23) RECOMMENDATION:
1. Award a Contract for the North Sphere Fire Station Offsite Improvements to Engineering Resources of Southern California, Inc., in the amount of $274,254.10.
2. Authorize the City Manager or designee to review and approve written contract amendment requests per Section 3.30.170 of the Palm Desert Municipal Code.
3. Authorize the Mayor or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith.
E. APPROVE CHANGE ORDERS TO CONTRACT NOS. C44620A-C FOR ON-CALL FACILITIES REPAIRS & IMPROVEMENTS IN THE AMOUNT OF $2,250,000 (PROJECT NO. 773-23)
RECOMMENDATION:
1. Approve Change Order 1 to Contracts C44620A, C44620B, and C44620C in the amount of $2,250,000 to increase the annual aggregate amount to $3,000,000 in Fiscal Year 2023/24 and FY 2024/25 as authorized by Section 3.30.160 Section I of the City of Palm Desert Municipal Code.
2. Authorize an additional amount of $402,740 to the 2022/23 agreements for a total amount not to exceed $750,000 in aggregate.
3. Appropriate $115,000 from Committed General Fund Balance from the Facility Reserves and transfer to the Aquatic Center Fund into Account No. 2424195-4400100 (CIP - Aquatic Center).
4. Authorize the City Manager to review and approve up to two amendments/extensions per vendor contract for an aggregated amount not to exceed $3,000,000 per fiscal year.
5. Authorize the City Manager or designee to review change orders for unanticipated conditions per Section 3.30.170 Section A of Ordinance No. 1335.
6. Authorize the Mayor to execute the change order.
F. APPROVE CHANGE ORDER NO. 2 TO CONTRACT NO. C41370 WITH PALMER ELECTRIC, INC., FOR ADDITIONAL ON-CALL ELECTRICAL SERVICES IN THE AMOUNT OF $50,000 (PROJECT NO. 928-21)
RECOMMENDATION:
1. Approve Change Order No. 2 to Contract No. C41370 with Palmer Electric, Inc., for additional on-call electrical services during FY 2022/23 in the amount of $50,000 for a total annual amount of $225,000.
2. Approve Amendment No. 1 to Contract No. C41370 with Palmer Electric, Inc., for a one-year extension in an annual amount not to exceed $225,000.
3. Authorize the City Manager or designee to review and execute additional change orders for unanticipated conditions per Section 3.30.170 A of Ordinance No. 1335.
AGENDA Thursday, April 27, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
G. REJECT ALL BIDS AND EXTEND CONTRACT WITH YMCA FOR MANAGEMENT OF
THE PALM DESERT AQUATIC CENTER FOR AN ADDITIONAL SIX-MONTH TERM RECOMMENDATION:
1. Reject all bids submitted under Request for Proposals “Management and Operations of the Palm Desert Aquatic Center”.
2. Approve Amendment No. 5 to extend Contract No. C36620 with the Family Young Men’s Christian Association of the Desert (“YMCA”) of Palm Desert, California, for management and staffing of the Palm Desert Aquatic Center for a 6-month term in the amount of $82,500 plus reimbursement of additional costs included in the agreement in the amount of $880,069 for a total amount not to exceed $962,569.
3. Authorize the Mayor to execute said amendment.
H. AWARD A CONTRACT TO M & M SWEEPING, INC., OF THOUSAND PALMS,
CALIFORNIA, FOR CITYWIDE SWEEPING SERVICES IN THE ANNUAL AMOUNT OF $230,917, PLUS EXTRA SWEEPING SERVICES UP TO THE AMOUNT OF $25,000 (PROJECT NO. 754-24)
RECOMMENDATION:
1. Award a three (3) year Contract with an option of two, one-year extensions to M & M Sweeping, Inc., of Thousand Palms, California, for Citywide Sweeping Services in the annual amount of $230,917.
2. Authorize extra sweeping services in an annual amount not to exceed $25,000.
3. Authorize the City Manager or designee to review and approve three contract amendments/extensions up to the established contract amount and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code.
4. Authorize the City Manager to execute the agreement.
I. APPROVE CHANGE ORDER NO. 1 TO CONTRACT NO. C44600 WITH GARLAND/DBS, INC., FOR ROOF REPAIRS AND RELATED SERVICES ON CITYOWNED BUILDINGS IN THE AMOUNT OF $250,000 RECOMMENDATION:
1. Approve Change Order No. 1 to Contract No. C44600 with Garland/DBS, Inc., for roof repairs and related services on City-owned buildings in the amount of $250,000, increasing the annual contract amount to $500,000.
2. Appropriate $146,177 from General Fund Balance committed to Facility Reserves and transfer to Building Maintenance Fund, Account No. 4504164-4388500 for the Artists Council re-roof in Fiscal Year 2022/23.
3. Authorize the City Manager or designee to review and execute one-year extensions/amendments at established contract amount, and any change orders per Section 3.30.170 Section A of Ordinance No. 1335.
4. Authorize the Mayor and/or City Manager to execute Change Order No.1 to the agreement.
AGENDA Thursday, April 27, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
J. HOUSING AUTHORITY - AWARD A CONTRACT TO JACOBSSON ENGINEERING CONSTRUCTION, INC., OF THOUSAND PALMS, CALIFORNIA, FOR THE ONE QUAIL PLACE PARKING LOT REHABILITATION IN THE AMOUNT OF $2,274,467.70 (PROJECT NO. 819-20) (HA)
RECOMMENDATION:
1. Award a Contract for the One Quail Place Parking Lot Rehabilitation to Jacobsson Engineering Construction, Inc., of Thousand Palms, California, in the total amount of $2,274,467.70.
2. Authorize the Finance Director to set aside 20% contingency or $454,893.54 for unforeseen conditions.
3. Authorize the Executive Director or designee to review and approve written requests for the use of the contingency amount of $454,893.54 for unforeseen conditions.
4. Appropriate $1,157,629.59 from the Housing Authority’s Committed Reserve Funds to Account No. 8714195-4331100, Housing Authority Replacement Expenditures.
5. Authorize the Executive Director or his designee to take any necessary actions to facilitate the agreement, to execute the agreement and any documents necessary to effectuate the actions taken herewith.
6. Authorize the Executive Director or designee to execute the Notice of Completion (NOC) and the Secretary to file the NOC upon satisfactory completion of the Project.
K. RECEIVE AND FILE A LETTER OF SUPPORT FOR A PARAMEDIC TRAINING
PROGRAM AT THE COLLEGE OF THE DESERT
RECOMMENDATION: Receive and file the letter of support for a paramedic training program at the College of the Desert.
L. RECEIVE AND FILE THE MONTHLY INVESTMENT REPORT, GENERAL FUND,
PARKVIEW OFFICE COMPLEX, AND DESERT WILLOW GOLF RESORT FINANCIAL REPORTS FOR THE MONTHS OF JANUARY AND FEBRUARY 2023
RECOMMENDATION: Receive and file the monthly Investment Report, General Fund, Parkview Office Complex, and Desert Willow Golf Resort Financial Reports for the months of January and February 2023.
AGENDA Thursday, April 27, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
M. APPROVE APPROPRIATION, ASSOCIATED TRANSFERS, AND INCREASE IN
ESTIMATED REVENUE ASSOCIATED WITH AWARDED URBAN COMMUNITY
DROUGHT RELIEF FUNDING FOR TURF CONVERSION PROGRAMS
RECOMMENDATION:
1. Acknowledge award of Urban Community Drought Relief Funding in the amount of $262,321 for residential and commercial turf conversion programs bringing total turf conversion funding allocation for FY 2022/2023 to $1,762,321.
2. Approve an appropriation of $262,321 to be transferred from the General Fund Reserves into Account No. 4004437-4391503 (Turf Retrofit) and an increase in estimated revenue of $262,321 to Account No. 4000000-3499500 (Reimbursement from other governments).
3. Authorize the City Manager to sign all necessary documents associated with the Urban Community Drought Relief Program, approved as to form by the City Attorney.
N. APPROVE PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $117,000
WITH COLDWELL BANKER RICHARD ELLIS (CBRE) FOR REAL ESTATE
ADVISORY SERVICES RELATED TO THE SHOPS AT PALM DESERT LOCATED AT 72-840 HIGHWAY 111
RECOMMENDATION:
1. Approve a Professional Services Agreement with Coldwell Banker Richard Ellis (CBRE) in the amount of $117,000 for on-going real estate advisory services for The Shops at Palm Desert.
2. Authorize the City Manager to execute the agreement and make any amendments necessary to effectuate services.
O. RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT DEEDS OR
GRANTS CONVEYING AN INTEREST IN REAL ESTATE OR REAL PROPERTY TO
THE CITY AND TO CONSENT TO THE RECORDATION THEREOF
RECOMMENDATION: Adopt a resolution authorizing the City Manager to accept deeds or grants conveying an interest in real estate or real property to the City and consent to the recordation thereof.
P. AWARD A CONTRACT TO JOHN KALISKI ARCHITECTS, INC., FROM LOS
ANGELES, CALIFORNIA, TO PREPARE OBJECTIVE DESIGN STANDARDS FOR
MULTIFAMILY AND MIXED-USE HOUSING PROJECTS IN THE AMOUNT OF $149,774
RECOMMENDATION:
1. Award contract to John Kaliski Architects, Inc., from Los Angeles, California, to prepare objective design standards for multifamily and mixed-use housing projects in the amount of $149,774.
2. Authorize the City Manager or designee to negotiate and/or take any necessary actions to facilitate the agreement, to execute the agreement, and to finalize and execute any documents necessary to effectuate the actions taken herewith.
AGENDA Thursday, April 27, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time.
2. ACTION CALENDAR:
A. PROVIDE DIRECTION ON AND AUTHORIZATION TO RELEASE A REQUEST FOR
PROPOSALS FOR OPERATION OF THE PALM DESERT IHUB
RECOMMENDATION:
1. Provide staff with direction on a Request for Proposals for the Palm Desert Innovation Hub (iHUB).
2. Authorize staff to advertise a Request for Proposals for operation of the iHUB.
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.
A. INTRODUCE ORDINANCE AMENDING AND UPDATING VARIOUS SECTIONS OF THE PALM DESERT MUNICIPAL CODE, INCLUDING UPDATES TO TITLE 25, ZONING
RECOMMENDATION: That the City Council introduce, by title only, an Ordinance amending and updating various sections of the Palm Desert Municipal Code including updates to Title 25, Zoning.
4. INFORMATION ITEMS
None.
ADJOURNMENT
AGENDA Thursday, April 27, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
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 EMAIL
Send your comments by email to: [email protected].
Emails 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) 9009128 or (213) 3388477 or (669) 2192599.
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