Palm Desert City Council - Regular Meeting - November 16, 2023
1. CALL TO ORDER - 4:00 P.M.
2. CLOSED SESSION AGENDA
None.
RECOMMENDATION:
3. ROLL CALL
4. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Quintanilla
5. INSPIRATION
Councilmember Trubee
6. AWARDS, PRESENTATIONS, AND APPOINTMENTS
6.a
CIVIC ACADEMY PARTICIPANT RECOGNITION
1. Civic Academy 2023.pdf
6.b
SCE TRANSMISSION BILLING UPDATE
7. CITY MANAGER COMMENTS
7.a
50th ANNIVERSARY UPDATE
1. Supplemental - 50th Anniversary.pdf
8. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
9. NONAGENDA PUBLIC COMMENTS
1. Supplemental - Non Agenda Public Comment.pdf
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 utilize one of the three options listed on the first 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.
10. 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.
RECOMMENDATION:
To approve the consent calendar as presented.
10.a
APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES
1. Post-Meeting Minutes - Palm Desert City Council - Regular Meeting_Oct26_2023 - English.pdf
2. Post-Meeting Minutes - StudySession_Oct26_2023 - English.pdf RECOMMENDATION:
Approve the Minutes of October 26, 2023.
10.b
APPROVAL OF WARRANTS
1. 2023-09-29_WR_Check_Register_by_Bank_ID_and_Date.pdf
2. 2023-09-30_WR_Check_Register_by_Bank_ID_and_Date.pdf
3. 2023-10-10_WR_Check_Register_by_Bank_ID_and_Date.pdf
4. 2023-10-13_WR_Check_Register_by_Bank_ID_and_Date.pdf
5. 2023-10-20_Check_Register_by_Bank_ID_and_Date_(REVISED).pdf
6. 2023-10-26_Check_Register_by_Bank_ID_and_Date.pdf
7. 2023-11-02_Check_Register_by_Bank_ID_and_Date.pdf
RECOMMENDATION:
Approve the warrants issued for the period 9/29/2023 to 11/02/2023.
10.c
RATIFY A LETTER OF SUPPORT FOR THE LIVING DESERT’S GRANT APPLICATION FOR THE CAL OES CALIFORNIA STATE NONPROFIT SECURITY GRANT PROGRAM
1. 01 Letter of Support - Living Desert Security.pdf
2. 2023-10-26 Living Desert CalOES Security Grant.pdf
RECOMMENDATION:
Ratify a letter of support for The Living Desert’s grant application for the CAL OES California State Nonprofit Security Grant Program.
10.d
ADOPTION OF ORDINANCE NO. 1402 AMENDING CHAPTER 8.55 OF THE PALM DESERT MUNICIPAL CODE REGARDING REGULATION OF THE DISCHARGE OF SEWAGE AND MAKING FINDINGS RELATED TO CEQA
1. 2nd Reading of Ordinance No. 1402.pdf
2. Ordinance No. 1402 .pdf
RECOMMENDATION:
Adopt Ordinance No. 1402 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.55 OF THE PALM DESERT MUNICIPAL CODE REGARDING REGULATION OF THE DISCHARGE OF SEWAGE AND MAKING FINDINGS RELATED TO CEQA.”
10.e
ADOPTION OF ORDINANCE NO. 1403 AMENDING SECTION 2.28.010 OF THE PALM DESERT MUNICIPAL CODE RELATED TO CITY COUNCIL COMPENSATION AND REIMBURSEMENT
1. 2nd Reading of Ordinance No. 1403.pdf
2. Ordinance No. 1403.pdf
RECOMMENDATION:
Adopt Ordinance No. 1403 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.28.010 OF THE PALM DESERT MUNICIPAL CODE RELATED TO CITY COUNCIL COMPENSATION AND REIMBURSEMENT.”
10.f
ADOPTION OF ORDINANCE NO. 1404 AN AMENDMENT TO THE UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN, AND APPLYING A PROFESSIONAL/MEDICAL OFFICE OVERLAY TO A 10.47-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF GERALD FORD DRIVE AND TECHNOLOGY DRIVE
1. 2nd Reading of Ordinance No. 1404.pdf
2. Ordinance No. 1404.pdf
RECOMMENDATION:
Adopt Ordinance No. 1404 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ADOPTING AN AMENDMENT TO THE UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN AND APPLYING A PROFESSIONAL/MEDICAL OFFICE OVERLAY TO A 10.47-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF GERALD FORD DRIVE AND TECHNOLOGY DRIVE (ASSESSOR’S PARCEL NUMBERS 694-580-026 AND -027).”
10.g
ADOPTION OF ORDINANCE NO. 1405 ADOPTING NOTICE OF EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A ZONING ORDINANCE AMENDMENT (ZOA) TO MODIFY SECTIONS OF CHAPTER 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE
1. 2nd Reading of Ordinance No. 1405.pdf
2. Ordinance No. 1405.pdf
RECOMMENDATION:
Adopt Ordinance No. 1405 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A ZONING ORDINANCE AMENDMENT (ZOA) TO MODIFY SECTIONS OF CHAPTER 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE CASE NO. ZOA23-0002.”
10.h
AWARD CONSTRUCTION SERVICES AGREEMENT TO RESOURCE ENVIRONMENTAL, INC., FOR THE ABATEMENT AND DEMOLITION OF 45-653 PORTOLA AVENUE IN THE AMOUNT OF $71,000 PLUS CONTINGENCY (PROJECT NO. SHA00001)
1. Award Contract to Resource Environmental, Inc for the Abatement and Demolition of 45-653 Portola Avenue.pdf
2. 01 Construction Services Agreement.pdf
3. 02- Resource Environmental Proposal.pdf
4. 03 Resource Environmental Inc Cost Proposal.pdf
RECOMMENDATION:
Award Construction Services Agreement to Resource Environmental, Inc. in an amount not to exceed $71,000 plus $14,200 for 20% contingency.
Authorize the City Manager to authorize change orders within the contingency amount due to unforeseen conditions.
Authorize the City Attorney to make necessary, non-monetary changes to the Agreement and authorize the City Manager to execute the Agreement and any documents necessary to effectuate the actions taken herewith and amend the terms as may be necessary.
Authorize the City Manager to approve Notice of Completion and record with Riverside County Recorder’s Office.
10.i
APPROVE THE INSTALLATION OF AN HONOR PLAQUE FOR ALL FORMER COUNCILMEMBERS AND AUTHORIZE BEST SIGNS TO CREATE THE PLAQUE FOR AN AMOUNT NOT TO EXCEED $10,000
1. CC Members Plaque.pdf
2. 01 Alcove Mockup.pdf
3. 02 Alcove_Recognition_Plaque_Mockup_100923.pdf
4. 03 Employee Recognition Sample.pdf
5. 04 Former Photo Wall.pdf
RECOMMENDATION:
Approve the installation of a Former City Council Members Honor Plaque.
Authorize Best Signs of Palm Desert, California, to create the plaque for an amount not to exceed $10,000.
10.j
CELEBRATE CV EVENT APPROVALS
1. Celebrate CV Event Approvals.pdf
2. 01 Event Site Map.pdf
RECOMMENDATION:
Approve road closure on San Pablo Avenue between Magnesia Falls Drive to the roundabout located at the entrance to College of the Desert for the Celebrate CV event scheduled for Saturday, December 30, 2023.
Approve waiver of all City permit fees associated with the event.
Authorize the City Manager to execute any documents that may be necessary to facilitate the event.
10.k
ACCEPT CONTRACT NO. C42400 AS COMPLETE FOR THE DEVELOPMENT SERVICES LOBBY RENOVATIONS (PROJECT CFA00014)
1. NOC for Lobby Renovation CFA00014.pdf
2. 01 Notice of Completion Lobby Renovation CFA00014.pdf RECOMMENDATION:
Accept Contract No. C42400 with Tilden-Coil Constructors, Inc., of Riverside, California, as complete.
Authorize the Mayor to execute and the City Clerk to file the Notice of Completion.
10.l
RECEIVE AND FILE AN UPDATE ON THE COMPENSATION AGREEMENT FOR ASSESSOR’S PARCEL NO. 620-400-625
1. Rec and file update on Compensation Agmt for APN 620-400-625.pdf RECOMMENDATION:
Receive and file an update on the Compensation Agreement for Assessor’s Parcel (APN) No. 620-400-625.
10.m
REJECT ALL PROPOSALS FOR MANAGEMENT AND OPERATION OF THE PALM DESERT AQUATIC CENTER
1. Reject All Bids and Extend Contract for PDAC.pdf
2. 01 Public Comment.pdf
3. 02 Supplemental - Public Comment.pdf
RECOMMENDATION:
Reject all proposals for Management and Operations of the Palm Desert Aquatic Center.
10.n
ADOPT A RESOLUTION TO JOIN THE INLAND LIBRARY SYSTEM, A JOINT POWERS AUTHORITY COOPERATIVE, BEGINNING JULY 1, 2024
1. Request_to_join_the_Inland_Library_System.pdf
2. 01 Resolution.pdf
3. 02 Inland Library System Agreement 1977.pdf
4. 03 Inland Library System Legal Counsel.pdf
5. 04 Inland Library System Bylaws.pdf
RECOMMENDATION:
Petition the Administrative Council of the Inland Library System (ILS) a Joint Powers Authority (JPA) library cooperative, to join as a member effective July 1, 2024.
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING TO JOIN THE INLAND LIBRARY SYSTEM, A JOINT POWERS AUTHORITY LIBRARY COOPERATIVE, AS OF JULY 1, 2024.” Authorize the City Attorney to make any necessary, non-monetary changes to the agreement.
Authorize the City Manager to execute said agreement.
10.o
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH THE RETAIL COACH IN AN AMOUNT NOT TO EXCEED $55,000 FOR RETAIL MARKET ANALYSIS AND BUSINESS RECRUITMENT SERVICES
1. Retail Consultant.pdf
2. 01 11-2023 Retail Coach Draft Agreement.pdf
3. 02 Retail Coach Proposal.pdf
RECOMMENDATION:
Approve a contract with The Retail Coach for retail market analysis and recruitment services.
Authorize the City Attorney to make necessary, non-monetary changes to the agreement.
Authorize the City Manager to execute the agreement and all related documents.
10.p
ACCEPT CONTRACT NO. C44570 AS COMPLETE FOR THE WHITE STONE LANE STREET IMPROVEMENTS (PROJECT 512-21)
1. NOC FOR THE WHITE STONE LANE STREET IMPROVEMENTS (PROJECT 512-21).pdf
2. 01 Change Order No 3.pdf
3. 02 Notice of Completion.pdf
4. 03 Vicinity Map.pdf
RECOMMENDATION:
Approve Change Order No. 3 in the amount of $20,357.36.
Accept Contract No. C44570 with Jacobsson Engineering Construction, Inc., of Palm Desert, California, for the White Stone Lane Street Improvements as complete. (Project No. 512-21).
Authorize the Mayor to execute and the City Clerk to file the Notice of Completion.
10.q
APPROVE THE PARTY IN THE PARK EVENT CONTINGENCY
1. 50th Anniversary Event Contingency.pdf
RECOMMENDATION:
Approve contingency monies for The Party in the Park in anticipation of potential inclement weather or unforeseen circumstances.
Authorize City Manager to approve use of funds, if necessary.
If necessary, authorize Director of Finance to appropriate $50,000 to account number 1104800-4306101, from unobligated General Fund Reserves.
10.r
AWARD A CONTRACT TO INTERWEST CONSULTING GROUP, INC., FROM ONTARIO, CALIFORNIA, TO PREPARE AN UPDATE TO THE UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN IN THE AMOUNT OF $264,880
1. Award UNSP Update .pdf
2. 01 Draft Contract and Exhibits.pdf
3. 02 Interwest UNSP Proposal.pdf
RECOMMENDATION:
Award contract to Interwest Consulting Group, Inc., from Ontario, California, to prepare an update to the University Neighborhood Specific Plan in an amount not to exceed $264,880.
Authorize the City Attorney to make non-substantive changes and the City Manager to execute all necessary documents.
10.s
APPROVAL OF MILLS ACT CONTRACTS BETWEEN THE CITY AND PROPERTY OWNERS OF EIGHT INDIVIDUAL HISTORICAL PROPERTIES
1. Mills Act Contract Approvals For Eight Separate Properties.pdf
2. 1a Attachment Mills Act Resolution - MILLS23-0001.pdf
3. 1b Draft Mills Act Contract - MILLS23-0001.pdf
4. 2a Attachment Mills Act Resolution - MILLS23-0002.pdf
5. 2b Draft Mills Act Contract - MILLS23-0002.pdf
6. 3a Attachment Mills Act Resolution - MILLS23-0005.pdf
7. 3b Draft Mills Act Contract - MILLS23-0005.pdf
8. 4a Attachment Mills Act Resolution - MILLS23-0006.pdf
9. 4b Draft Mills Act Contract - MILLS23-0006.pdf
10. 5a Attachment Mills Act Resolution - MILLS23-0007.pdf
11. 5b Draft Mills Act Contract - MILLS23-0007.pdf
12. 6a Attachment Mills Act Resolution - MILLS23-0009.pdf
13. 6b Draft Mills Act Contract - MILLS23-0009.pdf
14. 7a Attachment Mills Act Resolution - MILLS23-0010.pdf
15. 7b Draft Mills Act Contract - MILLS23-0010.pdf
16. 8a Attachment Mills Act Resolution - MILLS23-0011.pdf
17. 8b Draft Mills Act Contract - MILLS23-0011.pdf
RECOMMENDATION:
Adopt eight resolutions approving Mills Act Contracts between the City and the respective owners of the following properties:
113 Sandpiper Street (MILLS23-0001)
151 Sandpiper Street (MILLS23-0002)
372 Sandpiper Street (MILLS23-0005)
362 Sandpiper Street (MILLS23-0006)
72806 Bursera Way (MILLS23-0007)
72760 Mesquite Court #F (MILLS23-0009)
72473 El Paseo #1110 (MILLS23-0010)
72543 El Paseo #1005 (MILLS23-0011)
11. ACTION CALENDAR
The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the three options listed on the first page of the agenda.
11.a
APPROVE A CONTRACT WITH THE CALIFORNIA STATE UNIVERSITY SAN BERNARDINO SCHOOL OF ENTREPRENEURSHIP FOR THE OPERATIONS OF THE PALM DESERT IHUB
1. Approval of a Contract with CSUSB School of Entrepreneurship for operations of the Palm Desert iHUB.pdf
2. DRAFT PSA (11.8.23).pdf
3. 02 Supplemental - iHub Presentation.pdf
RECOMMENDATION:
Approval of a Contract between the City of Palm Desert and the California State University of San Bernardino School of Entrepreneurship for operations of the Palm Desert iHUB.
Authorize the City Attorney to make necessary, non-monetary changes to the agreement.
Authorize the City Manager to execute the agreement.
11.b
PURCHASE AND IMPLEMENTATION OF CLARITI PERMITTING AND LAND MANAGEMENT SYSTEM
1. Purchase and Implementation Clariti Land Management System.pdf
2. 01 Professional Services Agreement - Speridian Technologies.pdf
3. 02 Speridian Technologies Proposal - Land Management Solution.pdf
4. 03 Clariti Software Agreement.pdf
5. 04 Professional Services Agreement - Park Consulting Group.pdf
6. 05 Supplemental - Clariti Presentation.pdf
RECOMMENDATION:
Appropriate $2,006,375, plus a 10% contingency ($200,637), from Unassigned General Fund Balance Reserve to the appropriate Information Technology Accounts for the purchase and implementation of Clariti Land Management System (LMS).
Approve and authorize the City Manager to finalize and execute an agreement with Clariti Cloud, Inc. for land management software subscription licensing for a four-year term for $1,255,949 total, $299,075 due year one.
Approve and authorize the City Manager to finalize and execute an agreement with Speridian for implementation costs of $1,225,800.
Approve and authorize the City Manager to finalize and execute an agreement with Park Consulting Group for consulting services and project management for a one-year agreement not to exceed $481,500.
Authorize the City Manager to review and approve contract amendments and change orders up to contingency amount,
for any unforeseen circumstances associated with each agreement, per Section 3.30.170 of Ordinance No. 1392.
Authorize City Attorney to make necessary, non-monetary changes to any of the agreements and authorize City Manager to execute any documents necessary to facilitate the contract award and implementation of the LMS.
11.c
APPROVE AN EXTENSION TO THE DINING DECK PROGRAM AND DIRECT STAFF TO RESEARCH A POTENTIAL FEE FOR USE OF THE RIGHT-OF-WAY
1. Approve Dining Deck Extension and Direct Staff to Investigate a Fee Schedule.pdf
2. 01 Amended Dining Deck Design Guidelines.pdf
3. 02 List of current operators with City funding status.pdf
4. 03 Supplemental - Dining Deck Presentation.pdf
RECOMMENDATION:
Approve an extension to the temporary outdoor dining deck program for an additional two (2) years through June 30, 2026, to align with the State’s new extension.
Approve updates to the current Outdoor Dining Deck Design Guidelines, to be implemented effective January 1, 2024.
Direct City Attorney to make non-substantive changes to the Outdoor Dining Deck Design Guidelines for the remainder of the extension period.
Direct staff to return to a future City Council meeting to propose a new outdoor dining deck fee.
12. 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 first page of this agenda.
12.a
PALM DESERT REDISTRICTING 2023: PUBLIC HEARING #3 REGARDING REDISTRICTING OF CITY COUNCIL BOUNDARIES
1. Redistricting - Public Hearing 3.pdf
2. 01 Draft Maps.pdf
3. 02 Residential Development Map as of June 2023.pdf
4. 03 Redistricting Presentation.pdf
5. 04 Written Public Comments as of 11-09-2023.pdf
6. 05 Supplemental - Written Public Comments as of 11-15-2023.pdf RECOMMENDATION:
Conduct a public hearing to receive public input on district boundaries.
Select two (2) to three (3) “focus” maps and provide direction on any proposed revisions.
Receive and file a report on the redistricting process and permissible criteria to be considered to redraw district boundaries.
12.b
APPROVE THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 98-1 BETWEEN THE CITY OF PALM DESERT AND MARRIOTT OWNERSHIP RESORTS, INC.
1. Second Amendment to the Development Agreement between the City of Palm Desert and Marriott Ownership Resorts Inc.pdf
2. 01 Amendment No. 2 to Development Agreement with Marriott Ownership Resorts.pdf
3. 02 Supplemental - Continuance Memo.pdf
RECOMMENDATION:
Approve the Second Amendment to the Development Agreement (DA 98-1) between the City of Palm Desert and Marriott Ownership Resorts, Inc.
Direct the City Manager to execute the Second Amendment to the Development Agreement.
Direct the City Attorney to make necessary, non-monetary changes to the Second Amendment to the Development Agreement.
Authorize adjustment of $1,600,000 to Timeshare Mitigation Revenue Account Number 1100000-3122900.
13. INFORMATION ITEMS
14. ADJOURNMENT
15. 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