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, June 8, 2023
2:15 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, June 8, 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 25, 2023
B. Conference with Real Property Negotiations pursuant to Government Code Section 54956.8:
1. Property Description: 0.67 acres of City-owned property located at 73420 Dinah Shore Drive (APN 694-060-010) and 0.28 acres located at 72920 Dinah Shore Drive (APN 685-020-034)
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: Monterey Crossing, LLC
Under Negotiation: Price and Terms
2. Property Description: 43-900 San Pablo Drive
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Veronica Chavez Negotiating Parties: Desert Recreation District
Under Negotiation: Price and Terms
3. Property Description: 73-300 Fred Waring Drive
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo
Negotiating Parties: County of Riverside
Desert Community College District
Under Negotiation: Price and Terms
4. Property Description: 74-855 Country Club Drive
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: JW Marriott Desert Springs Resort and Spa Under Negotiation: Price and Terms
C. Public Employee Performance Evaluation pursuant to Government Code Section 54957:
Title: City Attorney
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.
AGENDA Thursday, June 8, 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: Shae Faulkner, VP of Family YMCA of the Desert Delegation (Youth and Government)
INSPIRATION: Councilmember Trubee
REPORT OF CLOSED SESSION: City Attorney Hargreaves
AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PROCLAMATION – POLLINATOR WEEK
B. PRESENTATION – STATE OF THE Y
CITY MANAGER COMMENTS
A. SOCIAL SERVICES COORDINATOR 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 Calendar 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 17, 18, 19, 25, and 30, 2023.
B. APPROVAL OF WARRANTS
RECOMMENDATION: Approve warrants issued for January 12 to January 23, 2023, and May 10 to May 25, 2023.
AGENDA Thursday, June 8, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
C. ADOPT A RESOLUTION APPROVING THE FISCAL YEAR 2023/24 PROJECT LIST TO BE FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
RECOMMENDATION: Adopt a resolution approving the Fiscal Year 2023/24 Project List to be funded by Senate Bill 1: The Road Repair and Accountability Act.
D. AUTHORIZE THE CITY MANAGER TO APPROVE THE PURCHASE OF 160,000
POUNDS OF GRASS SEED FROM THE LOWEST RESPONSIBLE BIDDER FOR FISCAL YEAR 2023/24 (PROJECT NO. MLS00021)
RECOMMENDATION:
1. Authorize the City Manager to approve the purchase of 160,000 pounds of grass seed from the lowest responsible bidder for Fiscal Year 2023/24 (Project No. MLS00021).
2. Authorize the City Manager to execute the agreement.
E. RATIFY CONTRACTS FOR MARKETING SERVICES WITH FG CREATIVE IN THE COMBINED AMOUNT OF $62,500
RECOMMENDATION: Ratify Contract Nos. A43310, A43790 and A44230 with FG Creative for miscellaneous marketing services related to Economic Development programs.
F. APPROVE USA TODAY’S WINE & FOOD EXPERIENCE AT CIVIC CENTER PARK RECOMMENDATION:
1. Approve USA Today’s Wine & Food Experience at Civic Center Park on Saturday, September 9, 2023.
2. Temporarily waive the following Palm Desert Municipal Code sections:
a. 11.01.20 (Hours of Use in City Parks)
b. 11.01.140 (Amplified Sound in City Parks)
c. 11.01.080 O (Placement of Advertising Signage in City Parks) d. 11.01.080 Q (Vendor Sales in City Parks)
e. 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040
G. RECEIVE AND FILE A LETTER OF SUPPORT FOR THE DESERT CANCER FOUNDATION’S FUNDING REQUEST TO THE DESERT HEALTHCARE DISTRICT RECOMMENDATION: Receive and file the letter of support for the Desert Cancer Foundation’s funding request to the Desert Healthcare District.
AGENDA Thursday, June 8, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
H. RECEIVE AND FILE A LETTER OF SUPPORT FOR THE IMPERIAL IRRIGATION
DISTRICT AND COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
APPLICATION TO THE USDA FOREST SERVICE URBAN AND COMMUNITY
FORESTRY INFLATION REDUCTION ACT GRANT PROGRAM
RECOMMENDATION: Receive and file the letter of support for the Imperial Irrigation District and Coachella Valley Association of Governments application to the USDA Forest Service & Community Forestry Inflation Reduction Act Grant Program.
I. APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT JOINT RECIPIENT
COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR FISCAL YEARS 2024-25, 2025-26, AND 2026-27
RECOMMENDATION:
1. Authorize participation in the County of Riverside’s Urban County Program for Fiscal Years 2024-25, 2025-26, and 2026-27.
2. Authorize the City Attorney to finalize the Joint Recipient Cooperation Agreement with the County of Riverside.
3. Authorize the City Manager to execute the Joint Recipient Cooperation Agreement with the County of Riverside allowing the City to participate in the Urban County Program and take any other actions necessary to effectuate the action taken herewith.
J. APPROVE CHANGE ORDER NO. 1 TO CONTRACT NO. A43960 WITH HORIZON LIGHTING, INC. OF INDIO, CALIFORNIA, FOR ELECTRICAL AND LIGHTING SERVICES AT CITY-OWNED FIRE FACILITIES IN THE AMOUNT OF $35,000 IN FISCAL YEAR 2022/2023
RECOMMENDATION:
1. Award Approve Change Order No. 1 to Contract No. A43960 with Horizon Lighting, Inc. of Indio, California, for Electrical and Lighting Services for City-Owned Fire Facilities in the amount of $35,000 in Fiscal Year 2022/2023.
2. Authorize the Finance Department to transfer $35,000 from Fire Fund Account No. 2304220-4400100, Capital Projects to Fire Fund Account No. 2304220-4331000, R/M Buildings.
3. Authorize the City Manager or designee to execute said Change Order No. 1.
K. RECEIVE AND FILE REPORT ON UNIVERSITY PARK INVESTORS’ REQUEST TO
ISSUE NEXT SERIES OF BONDS FOR THE CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK)
RECOMMENDATION: Receive and file report on University Park Investors’ Request to issue next series of bonds for the City of Palm Desert Community Facilities District No. 2021-1 (University Park).
AGENDA Thursday, June 8, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
L. REQUEST MAYOR KATHLEEN KELLY TO SIGN THE NATIONAL WILDLIFE FEDERATION’S MAYORS’ MONARCH PLEDGE TO RENEW THE CITY’S EFFORTS
TO PROTECT AND ENHANCE THE POLLINATOR POPULATION
RECOMMENDATION:
1. Adopt a Resolution authorizing the City of Palm Desert to enter into the National Wildlife Federation’s Mayors’ Monarch Pledge and issue a proclamation on the City’s Monarch Day Pledge.
2. Authorize staff to work in collaboration with the Living Desert Zoo and Gardens and University of California, Riverside (UCR) Palm Desert Center to carry out the three specific actions listed below within the next year:
a. Issue a Proclamation to raise awareness about the decline of the monarch butterfly and the species’ need for habitat.
b. Increase the area of pollinator-friendly demonstration garden at Civic Center Park. c. Support milkweed propagation by planting milkweed at various City parks and medians, where advisable.
M. RECEIVE AND FILE THE MONTHLY INVESTMENT REPORT, GENERAL FUND,
PARKVIEW OFFICE COMPLEX, AND DESERT WILLOW GOLF RESORT FINANCIAL REPORTS, FOR THE MONTHS OF MARCH AND APRIL 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 March and April 2023.
N. ACCEPT PUBLIC IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE
AND THE LABOR AND MATERIALS BONDS, AND ACCEPT A MAINTENANCE BOND FOR PM 37512 FOR REVEL
RECOMMENDATION:
1. Accept public improvements.
2. Release the Faithful Performance Bond in the amount of $50,960.75 and the Labor and Materials Bond in the amount of $25,480.38.
3. Accept the Maintenance Bond in the amount of $5,096.07.
O. ACCEPT PUBLIC IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE
AND THE LABOR AND MATERIALS BONDS, AND ACCEPT A MAINTENANCE BOND FOR TR 36351 FOR SAGE
RECOMMENDATION:
1. Accept public improvements.
2. Release the Faithful Performance Bond in the amount of $1,291,600.00 and the Labor and Materials Bond in the amount of $645,800.00.
3. Accept the Maintenance Bond in the amount of $129,160.00.
4. Accept Construction Entrance Bond in the amount of $20,079.00.
AGENDA Thursday, June 8, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
P. ESTABLISHMENT OF A LIBRARY TASKFORCE AND APPOINTMENT OF MEMBERS RECOMMENDATION: Establish a new Library Taskforce and approve the appointment of members.
Q. APPROVAL OF A THREE YEAR FUNDING AGREEMENT BETWEEN THE CITY OF
PALM DESERT AND THE COACHELLA VALLEY ECONOMIC PARTNERSHIP (CVEP) CONSTITUTING CVEP’S FUNDING FOR FY 2023/24, FY 2024/25, AND FY 2025/26
RECOMMENDATION:
1. Approve a three (3) year Funding Agreement in the amount of $50,000 per fiscal year, for a total of $150,000, between the City of Palm Desert and CVEP for the City’s annual investments for FY 2023/2024, FY 2024/2025, and FY 2025/2026.
2. Authorize the Mayor to execute the Agreement and allow the City Attorney to make non-substantive changes.
R. APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE DESERT
SANDS UNIFIED SCHOOL DISTRICT, PALM DESERT CHARTER MIDDLE SCHOOL
GOVERNING COUNCIL, AND THE CITY OF PALM DESERT
RECOMMENDATION: Approve a Memorandum of Understanding (MOU) between the Desert Sands Unified School District, Palm Desert Charter Middle School Governing Council, and the City of Palm Desert, and authorize the City Manager to execute the MOU.
S. APPROVE AMENDMENTS 5-7 TO CONTRACT NO. C41690 WITH HR GREEN PACIFIC, INC.
RECOMMENDATION:
1. Approve Contract Amendment No. 5, increasing the budgeted amount of $590,000 to $675,000, an increase of $85,000 for land development engineering supplemental staffing for land development plan review and inspections for FY 2022/23.
2. Approve Contract Amendment No. 6 to ratify expenditures in the amount of $244,668 for additional engineering services for the Section 29 Drainage Basin from FY 2021/22 and FY 2022/23 and extend this amendment to June 30, 2024.
3. Approve Contract Amendment No. 7 authorizing the final term of the contract for Building Plan Check Services in an amount not to exceed $300,000 for FY 2023/24.
4. Authorize the City Manager to execute all documents to effectuate the intent of the agreement.
AGENDA Thursday, June 8, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
T. APPROVE A PROFESSIONAL SERVICE AGREEMENT FOR COMPREHENSIVE
ENGINEERING AND ENGINEERING RELATED SERVICES WITH HR GREEN PACIFIC, INC., IN THE AMOUNT OF $888,792
RECOMMENDATION:
1. Approve a professional services agreement for comprehensive engineering and engineering related services with HR Green Pacific, Inc., in an amount of $888,792 annually for up to three years with the option to extend for no more than two additional years.
2. Authorize the Finance Department to set aside a contingency amount of 10% annually ($88,880) for unanticipated project needs.
3. Authorize the City Manager or designee to review and approve written contract amendments/extensions up to the contingency amount.
4. Authorize the Mayor to execute the agreement and the City Manager to sign amendments.
CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time.
2. ACTION CALENDAR:
A. APPROVE AGREEMENT BETWEEN EISENHOWER HEALTH AND THE CITY OF
PALM DESERT AS IT RELATES TO FUNDING COSTS OF CONSTRUCTION OF AN
EMPLOYEE CHILDCARE FACILITY
RECOMMENDATION:
1. Authorize the City Manager to finalize and Mayor to execute an agreement between Eisenhower Health and the City of Palm Desert, in substantial form, relative to funding of costs of construction of an employee childcare facility.
2. Approve funding in an amount not to exceed $2,500,000 from Unspent Bond Proceeds pursuant to the Bond Proceeds Funding Agreement with the former Palm Desert Redevelopment Agency.
B. REQUEST FOR DIRECTION REGARDING REDISTRICTING OPTIONS RECOMMENDATION: Provide direction regarding redistricting options.
C. RECEIVE AND FILE THE 2023/2024 WORK PLAN FOR THE CULTURAL
RESOURCES PRESERVATION COMMITTEE AND REQUEST FOR DIRECTION ON
PURSUIT OF THE WORK PLAN
RECOMMENDATION:
1. Receive and file the 2023/2024 Annual Work Plan for the Cultural Resource Preservation Committee.
2. Direct staff to amend the Resolution establishing the existing limit on the total number of Mills Act Contracts accepted per year.
AGENDA Thursday, June 8, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
D. INTRODUCTION OF AN ORDINANCE TO AMEND ORDINANCE NO. 1389, REVISING SECTIONS OF CHAPTER 11 (PARKS) OF THE PALM DESERT MUNICIPAL CODE
AND ADOPTING A NEW ADMINISTRATIVE POLICY AND REVISIONS TO THE
PORTOLA COMMUNITY CENTER FACILITY USE DOCUMENTS CONSISTENT WITH
THE ORDINANCE REVISIONS
RECOMMENDATION:
1. Amend Ordinance No. 1389 revising the following sections of Chapter 11 of the Palm Desert Municipal Code (Parks):
a. 11.01.010 Definitions
b. 11.01.060 Permits for group gatherings
c. 11.04.020 Park use without formal park use permit, and d. 11.04.090 Persons to be notified
2. Adopt a new Administrative Policy for the use of City-owned facilities.
3. Adopt changes to the Portola Community Center Application for Use of Facility and Facility Use Agreement to be consistent with these changes.
E. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 11.01 OF THE PALM
DESERT MUNICIPAL CODE PROHIBITING MYLAR BALLOON USE IN PALM
DESERT PARKS, AND MAKING A FINDING OF EXEMPTION UNDER CEQA RECOMMENDATION: Waive further reading and pass to second reading an Ordinance amending Chapter 11.01 of the Palm Desert Municipal Code Prohibiting Mylar Balloon Use in Palm Desert Parks.
F. REQUEST FOR DIRECTION ON POTENTIAL USE OF RECYCLE FUND MONIES FOR
RESIDENTIAL SOLID WASTE AND RECYCLING RATE ADJUSTMENT
RECOMMENDATION: Provide direction to staff on potential use of Recycle Fund Monies for Residential Solid Waste and Recycling Rate Adjustment.
3. PUBLIC HEARINGS
None.
4. INFORMATION ITEMS
None.
ADJOURNMENT
AGENDA Thursday, June 8, 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