PALM DESERT CITY COUNCIL
MEETING AGENDA

Thursday, October 12, 2023

3:30 P.m. - 4:30 P.m.

Council Chamber, City Hall

73-510 Fred Waring Drive

Palm Desert, California

 

This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and the Palm Desert Housing Authority. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person, and up to two Councilmembers may attend remotely.

WATCH THE MEETING LIVE: Watch the City Council meeting live at 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: 

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: .

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 palmdesert.gov/zoom  or zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572.

 

OPTION 3: LIVE VIA TELEPHONE

1. (213) 338-­8477 and enter Meeting ID 833 6744 9572 followed by #.
2. Indicate that you are a participant by pressing # to continue.
3. 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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1.

CALL TO ORDER - CLOSED SESSION - 3:30 P.M.

2.

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 utilize one of the three options listed on the first page of this agenda.

3.

RECESS TO CLOSED SESSION

4.

CLOSED SESSION AGENDA

4.a

Closed Session Meeting Minutes: September 28, 2023

4.b

Conference with Real Property Negotiations pursuant to Government Code Section 54956.8

4.b.1

PROPERTY DESCRIPTION: 45653 PORTOLA AVENUE, APN 627-351-010

Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: N/A
Under Negotiation: Price and Terms

5.

ROLL CALL - REGULAR MEETING - 4:00 P.M.

6.

PLEDGE OF ALLEGIANCE

Councilmember Nestande

7.

INSPIRATION

Councilmember Harnik

8.

REPORT OF CLOSED SESSION

City Attorney Hargreaves

9.

AWARDS, PRESENTATIONS, AND APPOINTMENTS

9.a

PROCLAMATION - COMMUNITY PLANNING MONTH

9.b

PRESENTATION - MCCALLUM THEATRE

10.

CITY MANAGER COMMENTS

11.

MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION

12.

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 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.

13.

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.

13.a

APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES

• RECOMMENDATION:

  Approve the Minutes of September 28, 2023.

13.b

APPROVAL OF WARRANTS

• RECOMMENDATION:

  Approve the warrants issued for the period 8/28/2023 to 9/28/2023.

13.c

ACCEPT RESIGNATION FROM THE EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS

• RECOMMENDATION:

  With regret, accept the resignation of Sonia Campbell from the El Paseo Parking and Business Improvement District (EPPBID) Board of Directors.

13.d

ACCEPT RESIGNATION FROM THE JOSLYN COVE SENIOR CENTER BOARD

• RECOMMENDATION:

  With regret, accept the resignation of Peg Leo from The Joslyn Cove Senior Center Board effective immediately.

13.e

AUTHORIZE RELEASE OF REQUEST FOR PROPOSALS FOR THE SALE OF CITY-OWNED PROPERTY WITH ASSESSORS PARCEL NUMBERS 625-082-022 AND 625-082-023 SUBJECT TO RECEIPT OF A SURPLUS LAND COMPLIANCE LETTER FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

• RECOMMENDATION:

  Authorize the release of a Request for Proposals (RFP) for the sale of city-owned parcels with APN(s) 625-082-022 and 625-082-023, subject to receipt of a Surplus Land Act (SLA) compliance letter from the Department of Housing and Community Development (HCD).

13.f

APPROVE CHANGE ORDER NO. 1 TO CONTRACT HA45140 WITH JACOBSSON ENGINEERING CONSTRUCTION, INC., FOR THE FURNISHING AND INSTALLATION OF 10 CARPORTS AT ONE QUAIL PLACE IN THE AMOUNT OF $601,000 (PROJECT CHA00003)

• RECOMMENDATION:
  1. Approve Change Order No. 1 to Contract HA45140 with Jacobsson Engineering Construction, Inc., for the furnishing and installation of 10 carports at One Quail Place in the amount of $601,000.
  2. Authorize additional 10% contingency in the amount of $60,100 for unforeseen conditions.
  3. Appropriate $661,100 to Account Number No. 8714195-4331100 from the Housing Authority’s Committed Reserve Funds.
  4. Authorize the Executive Director or his designee to take any necessary actions to facilitate the agreement, to execute the Change Order and any documents necessary to effectuate the actions taken herewith.

13.g

AUTHORIZE AN INCREASE TO THE NOT TO EXCEED AMOUNT FOR HD SUPPLY FACILITIES MAINTENANCE, LTD., IN THE AMOUNT OF $10,000 FOR FISCAL YEAR 2022/23

• RECOMMENDATION:

  Authorize an increase of $10,000 to the not to exceed amount of HD Supply Facilities Maintenance in Fiscal Year 2022/23 for an aggregate amount of $220,000.

13.h

HOUSING AUTHORITY - AUTHORIZE THE USE OF QUILL, LLC, AND NATIONAL SERVICES COMPANY DBA WAXIE SANITARY SUPPLY FOR THE PURCHASE OF OFFICE, JANITORIAL, AND SANITARY SUPPLIES FOR THE PALM DESERT HOUSING AUTHORITY FOR FISCAL YEAR 2023/24

• RECOMMENDATION:
  1. Authorize the use of, and establish an account with, Quill, LLC, for the purchase of office supplies for the management of the Housing Authority properties pursuant to Section 3.30.160 (E) of the Palm Desert Municipal Code in an amount not to exceed $53,700 for Fiscal Year 2023/24.
  2. Authorize the use of, and establish an account with, National Services Company dba Waxie Sanitary Supply for the purchase of janitorial and sanitary supplies for the Housing Authority properties pursuant to Section 3.30.160 (E) of the Palm Desert Municipal Code in an amount not to exceed $32,340 for Fiscal Year 2023/24.

13.i

RATIFY A LETTER OF SUPPORT FOR COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ RECONNECTING COMMUNITIES PROGRAM FUNDING REQUEST FOR THE ACCESS INDIAN CANYON DRIVE PROJECT

• RECOMMENDATION:

  Ratify a letter of support for the Coachella Valley Association of Governments’ (CVAG) Reconnecting Communities Program funding request for the ACCESS Indian Canyon Drive Project.

13.j

RECEIVE AND FILE THE INVESTMENT REPORT, GENERAL FUND, PARKVIEW OFFICE COMPLEX, AND DESERT WILLOW GOLF RESORT FINANCIAL REPORTS FOR YEAR ENDING JUNE 30, 2023, AND MONTH ENDING AUGUST 30, 2023

• RECOMMENDATION:

  Receive and file the monthly Investment Report, General Fund, Parkview Office Complex, and Desert Willow Golf Resort Financial Reports for the year ending June 30, 2023, and month ending August 30, 2023.

13.k

TROPICAL STORM HILARY RECOVERY UPDATE

• RECOMMENDATION:

  Receive and file update on the August 2023 Weather Event Storm Recovery and Redevelopment.

14.

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.

14.a

AWARD OF CONTRACT NO. HA46390 FOR AFFORDABLE HOUSING COMPLIANCE AND PROPERTY MANAGEMENT SERVICES TO FALKENBERG/GILLIAM AND ASSOCIATES, INC., FOR A FIVE-YEAR TERM, WITH AN INITIAL ANNUAL COST FOR CALENDAR YEAR 2024 IN AN AMOUNT NOT TO EXCEED $655,032 (HA)

• RECOMMENDATION:
  1. Approve the award of Contract No. HA46390 for Affordable Housing Compliance and Property Management Services for the Authority-owned Properties to Falkenberg/Gilliam and Associates, Inc., for a five (5) year term, with an initial cost for calendar year 2024 in an amount not to exceed $655,032 with prescribed allowable increases for subsequent years as noted in the contract.
  2. Authorize staff to finalize a contract (also referred to as the “Agreement”) with Falkenberg Gilliam & Associates, Inc., consistent with the terms of the RFP with non-substantive modifications concurred upon by the Executive Director and legal counsel.
  3. Authorize an appropriation in the amount of $13,368 from the Housing Authority’s Unobligated Fund Balance to the appropriate professional service accounts.
  4. Authorize the Chairperson to execute the Agreement and the Executive Director to execute any documents necessary to facilitate the contract award and implementation.

14.b

INTRODUCTION OF ORDINANCE NO. 1401 AMENDING CHAPTER 5.04 OF THE PALM DESERT MUNICIPAL CODE REGARDING BUSINESS LICENSING AND TAXING PROCEDURES, AND MAKING A FINDING OF EXEMPTION UNDER CEQA

• RECOMMENDATION:

  Introduce Ordinance No. 1401 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING CHAPTER 5.04 REGARDING BUSINESS LICENSING AND TAXING AND MAKING FINDINGS UNDER CEQA.”

14.c

AWARD CONTRACT NO. C45460 TO YUNEX, LLC, FOR THE TRAFFIC SIGNAL MODIFICATIONS AND HARDWARE UPGRADES IN THE AMOUNT OF $244,995 (PROJECT N0.MTS00001)

• RECOMMENDATION:
  1. Award Contract No. C45460 to Yunex, LLC, of Riverside, California, for the Traffic Signal Modifications and Hardware Upgrades in the amount of $244,995.
  2. Authorize the Director of Finance to set aside a contingency in the amount of $50,000 for unforeseen conditions.
  3. Authorize the City Manager to review and approve written requests for the use of contingency per Section 3.30.170 of the Palm Desert Municipal Code.
  4. Authorize the City Manager to execute the agreement.
  5. Authorize the City Manager to execute the Notice of Completion (NOC) and the Secretary to file the NOC upon satisfactory completion of the Project.

14.d

AWARD CONTRACT NO. C46400 TO SPORTS FACILITIES MANAGEMENT, INC., FOR THE MANAGEMENT AND OPERATION OF THE PALM DESERT AQUATIC CENTER

• RECOMMENDATION:

  At the request of City staff, this matter will be continued to the City Council meeting of October 26, 2023. Furthermore, Mayor Kelly has appointed a Council Subcommittee to consider all the factors relevant to Item 14d on this week's agenda and collaborate with staff on a supplemental report.  The Mayor has appointed Councilmember Evan Trubee as liaison to the Parks & Recreation Committee and Councilmember Jan Harnik, as the sole current Councilmember who was serving when the Aquatic Center opened. 

15.

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.

15.a

RESOLUTION NO. 2023-047 WITHDRAWING FROM THE RIVERSIDE COUNTY LIBRARY SYSTEM, ASSUMING THE PROVISION OF LIBRARY SERVICES IN PALM DESERT, AND INDICATING ITS INTENT TO ESTABLISH AN INDEPENDENT MUNICIPAL LIBRARY - BUDGET APPROPRIATION AND TRANSFER

• RECOMMENDATION:
  1. Adopt Resolution No. 2023-047 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, WITHDRAWING FROM THE RIVERSIDE COUNTY LIBRARY SYSTEM, ASSUMING THE PROVISION OF LIBRARY SERVICES IN THE CITY OF PALM DESERT, AND INDICATING ITS INTENT TO ESTABLISH AN INDEPENDENT MUNICIPAL LIBRARY.”
  2. Appropriate a total of $1,321,527 to Library Account Fund (252) in the respective accounts listed below.
  3. Authorize transfer of $1,321,527 from unobligated General Fund Reserves to Library Services Account Number 2520000-391000.

16.

INFORMATION ITEMS

17.

ADJOURNMENT

18.

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, [phone], 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