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, May 25, 2023
3:00 p.m. Closed Session
4:00 p.m. Regular Session
Pursuant to AssemblyBill 2449, this meeting maybe 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 25, 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: May 11, 2023
B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8:
1. Property Description: 10.49 acre site located on the north side of Gerald Ford Drive between Cook Street and Portola Avenue (APN 694-120-028), and additional parcel of 0.49 acres identified as a portion of APN 694-120-029
Agency: City of Palm Desert/Palm Desert Housing Authority City Negotiator: Todd Hileman/Eric Ceja/Jessica Gonzales Negotiating Parties: Palm Communities
Under Negotiation: Price and Terms
2. Property Description: 1.84 acre site located east of Monterey Avenue on Country Club Drive (APN 622-370-014)
Agency: Housing Authority
City Negotiator: Todd Hileman/Eric Ceja/Jessica Gonzales Negotiating Parties: Chelsea Investment Corporation
Under Negotiation: Price and Terms
3. Property Description: 72-880 Highway 111, Palm Desert (APN 640-120-020) Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: Seritage SRC Finance
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.
AGENDA Thursday, May 25, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
4:00 P.M. REGULAR MEETING
RECONVENE REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Quintanilla
INSPIRATION: Councilmember Harnik
REPORT OF CLOSED SESSION: City Attorney Hargreaves
AWARDS, PRESENTATIONS, AND APPOINTMENTS
CITY MANAGER COMMENTS
A. PALM DESERT’S 50TH ANNIVERSARY 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 May 11, 2023, Council meeting and study session.
B. APPROVAL OF WARRANTS
RECOMMENDATION: Approve warrants issued for April 11, 2023 and May 11, 2023.
C. RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES RECOMMENDATION: Receive and file the applications for Alcoholic Beverage Licenses for the following businesses:
1. PDC Seafood Group, Inc., 72363 Highway 111, Suite A
2. GGCook, Inc., dba Goody’s Café, 75046 Gerald Ford Drive, Suite B101
3. Haus of Pizza PD LLC, dba Haus of Pizza, 72795 Highway 111, Suite G2.
AGENDA Thursday, May 25, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
D. APPROVE A FIRST AMENDMENT TO THE SECOND REVISED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) BETWEEN THE CITY OF
PALM DESERT AND DESERT WAVE VENTURES, LLC
RECOMMENDATION:
1. Approve the First Amendment to the Second Revised and Restated DDA between the City of Palm Desert and Desert Wave Ventures, LLC.
2. Authorize the Mayor to execute said Agreements.
3. Authorize the City Manager to make non-substantive changes to the First Amendment to the Second Revised and Restated DDA as needed prior to execution by the Mayor.
4. Authorize the City Manager to draft, negotiate, and execute other supporting agreements that may be required by the DDA.
5. Authorize the City Manager to execute said agreements.
E. RATIFY CONTRACTS FOR HVAC PREVENTATIVE MAINTENANCE AND REPLACEMENTS WITH DESERT AIR CONDITIONING, INC., AND APPROVE CHANGE ORDER NO. 3 IN THE AMOUNT OF $56,083
RECOMMENDATION:
1. Ratify Contract No. C36374, A43620, and A43840 with Desert Air Conditioning, Inc., for HVAC Preventative Maintenance, Replacements and Repairs.
2. Authorize HVAC miscellaneous repairs and services in the annual amount of $50,000 in FY 2022/23.
3. Approve Change Order No. 3 to Contract No. A43620 in the amount of $56,083 for additional replacements and increase the contract amount to $100,000.
4. Appropriate a total of $75,000 from the Committed Facility Reserve Fund Balance to cover unforeseen HVAC expenses in various over obligated accounts.
5. Authorize the City Manager to execute said Change Order.
F. SECOND READING AND ADOPTION OF ORDINANCE NO. 1394 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 12.04 REGARDING ENCROACHMENTS
AND EXCAVATIONS
RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1394.
G. SECOND READING AND ADOPTION OF ORDINANCE NO. 1395 AMENDING THE
PALM DESERT MUNICIPAL CODE RELATIVE TO THE HOMELESSNESS TASK
FORCE MEMBERSHIP
RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1395.
AGENDA Thursday, May 25, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
H. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF PALM DESERT AND THE PALM DESERT EMPLOYEE
ORGANIZATION EFFECTIVE JULY 1, 2023, THROUGH JUNE 30, 2026 RECOMMENDATION:
1. Approve the Memorandum of Understanding between the City of Palm Desert and the Palm Desert Employee Organization (PDEO) effective July 1, 2023 – June 30, 2026.
2. Authorize the City Manager to take actions to implement the Memorandum of Understanding between the City of Palm Desert and PDEO.
I. REQUEST FOR APPROVAL OF SALARY AND BENEFIT ADJUSTMENTS BETWEEN THE CITY OF PALM DESERT AND CITY OF PALM DESERT’S UNREPRESENTED EMPLOYEES EFFECTIVE JULY 1, 2023, THROUGH JUNE 30, 2026 RECOMMENDATION:
1. Approve the Memorandum of Understanding between the City of Palm Desert and the City of Palm Desert’s Unrepresented Employees effective July 1, 2023 – June 30, 2026.
2. Authorize the City Manager to take actions to implement.
J. AWARD A CONTRACT FOR BUILDING INVENTORY AND ASSET MANAGEMENT SERVICES TO BUREAU VERITAS, INC., IN THE AMOUNT OF $229,986.26 (PROJECT 776-23)
RECOMMENDATION:
1. Award a contract for building inventory and asset management services to Bureau Veritas, Inc., the amount of $229,986.26.
2. Authorize the Finance Department to set aside a contingency amount of $20,000 for unforeseen conditions.
3. Authorize the City Manager or designee to review and approve change order requests for unanticipated conditions up to the contingency amount.
4. Authorize the City Manager or designee to review and approve written contract amendments/extensions.
5. Authorize the Mayor to execute said agreement.
K. AWARD A CONTRACT FOR ENGINEERING AND DESIGN SERVICES TO THE
ALTUM GROUP FOR ADA IMPROVEMENTS AT CAHUILLA HILLS PARK IN THE AMOUNT OF $136,933 (PROJECT NO. 949-23)
RECOMMENDATION:
1. Award a contract for engineering and design services to The Altum Group for ADA improvements at Cahuilla Hills Park in the amount of $136,933.
2. Authorize the Finance Department to set aside a contingency amount of $20,000 for unforeseen circumstances.
3. Authorize the City Manager or designee to review and approve written contract amendment requests up to the contingency amount.
4. Authorize the Mayor to execute said agreement.
AGENDA Thursday, May 25, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
L. AWARD A CONTRACT TO ADVANTEC CONSULTING ENGINEERS, INC., OF
IRVINE, CA, FOR PROFESSIONAL ENGINEERING AND DESIGN SERVICES OF A
NEW TRAFFIC SIGNAL AT THE INTERSECTION OF COOK STREET AND MARKET PLACE DRIVE IN THE AMOUNT OF $100,610 (PROJECT NO. 520-22) RECOMMENDATION:
1. Award a contract to ADVANTEC Consulting Engineers, Inc., of Irvine, California, for professional engineering and design services of a new traffic signal at the intersection of Cook Street and Market Place Drive in the amount of $100,610.
2. Authorize the Finance Department to set aside a contingency amount of $10,000 for unforeseen circumstances.
3. Authorize the City Manager to approve contract amendments up to the contingency amount.
4. Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith.
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 RECOMMENDATIONS CONTAINED IN THE 2023 BROKER’S REPORT
RECOMMENDATION:
1. Receive and file the 2023 Commercial Broker’s Report.
2. Provide City staff direction to:
a. Initiate necessary Zoning Ordinance Amendment (ZOA) to implement the recommendations contained in the 2023 Commercial Broker’s Report to add a new land use category for golf cart retail sales, remove certain land uses from requiring a Conditional Use Permit (CUP), and to add a “non-conforming” clause to office uses in the Downtown Edge Transition Overlay (DE-O).
b. Initiate a Zoning Ordinance Amendment (ZOA) to require a Conditional Use Permit for self-storage facilities within the Service Industrial Zoning District.
B. REQUEST FOR DIRECTION REGARDING DISTRICTING OPTIONS
RECOMMENDATION: Provide direction regarding districting options.
C. REQUEST FOR OUT-OF-STATE TRAVEL FOR MAYOR PRO TEM QUINTANILLA TO ATTEND THE NALEO 40TH ANNUAL CONFERENCE JULY 11-13, 2023 IN NEW
YORK, NEW YORK
RECOMMENDATION: Provide direction to staff whether to amend the draft Annual Budget for Fiscal Year 2023/24 to include funding for an out-of-state travel request for Mayor Pro Tem Quintanilla to attend the National Association of Latino Elected and Appointed Officials (NALEO) 40th Annual Conference to be held on July 11-13, 2023, in New York, New York.
AGENDA Thursday, May 25, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
3. PUBLIC HEARINGS
None.
4. INFORMATION ITEMS
None.
ADJOURNMENT
AGENDA Thursday, May 25, 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 E-MAIL
Send your comments by email to: [email protected].
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.
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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