PALM DESERT CITY COUNCIL
MEETING AGENDA

Thursday, August 24, 2023

3:30 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 options listed on the first page of this agenda.

3.

RECESS TO CLOSED SESSION

4.

CLOSED SESSION AGENDA

• RECOMMENDATION:

  The following items will be considered in closed session.

4.a

Closed Session Meeting Minutes: July 13, 2023

4.b

Conference with Real Property Negotiations pursuant to Government Code Section 54956.8

4.b.1

PROPERTY DESCRIPTION: 73710 FRED WARING DRIVE, SUITE 135

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

4.b.2

PROPERTY DESCRIPTION: 45656 MOUNTAIN VIEW AVENUE

Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: Maureen Gage and Steven Yinger
Under Negotiation: Price and Terms

4.b.3

PROPERTY DESCRIPTION: DESERT WILLOW LOT PAD A (APN 620-400-025)

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

5.

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

6.

PLEDGE OF ALLEGIANCE

Councilmember Harnik

7.

INSPIRATION

Mayor Pro Tem Quintanilla

8.

REPORT OF CLOSED SESSION

City Attorney Hargreaves

9.

AWARDS, PRESENTATIONS, AND APPOINTMENTS

9.a

PROCLAMATION - DR. VINES DAY

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 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:

13.a

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

• RECOMMENDATION:

  Approve the Minutes of July 13, 2023.

13.b

APPROVAL OF WARRANTS

• RECOMMENDATION:

  Approve the warrants issued for the period 4/17/2023 to 8/11/2023.

13.c

RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES

• RECOMMENDATION:

  Receive and file the applications for Alcoholic Beverage Licenses for the following businesses:

  1. MR BS SUBS, LLC. 74600 HIGHWAY 111 Ste F
  2. LA PRO Visions, Inc; LA PROVENCE PATISSERIE 72785 Hwy 111 Ste B1
  3. CEC Entertainment; Chuck E Cheese's 72513 Hwy 111 Ste H 
  4. Palm Desert Harmony, Inc.; Pokehana 73405 Hwy 111 Ste 104

13.d

ACCEPT RESIGNATIONS FROM THE CIVIC ENGAGEMENT COMMITTEE, CULTURAL ARTS COMMITTEE, AND PARKS AND RECREATION COMMITTEE

• RECOMMENDATION:

  With regret, accept the resignations of Anyse Smith from the Civic Engagement Committee; Debra Norby (Alternate) from the Cultural Arts Committee; and James Henderson from the Parks and Recreation Committee.

13.e

HOUSING AUTHORITY: RESOLUTION NO. HA-118 AUTHORIZING EXECUTION AND DELIVERY OF A HOUSING AND LOAN AGREEMENT WITH A0358 MONTEREY, L.P., APPROVING A LOAN IN THE AMOUNT OF $7,235,000 FOR CONSTRUCTION OF 176 AFFORDABLE HOUSING UNITS AND RELATED ACTIONS

• RECOMMENDATION:
  1. Approve Resolution No. HA-118 authorizing the execution and delivery of a Loan Agreement, Deed of Trust, Secured Promissory Note and Housing Agreement, in substantial form, between the Palm Desert Housing Authority and A0358 Monterey, L.P., a California Limited Partnership, and approving a loan in the amount of Seven Million Two Hundred Thirty-Five Thousand Dollars ($7,235,000.00) from the Authority’s Low and Moderate Income Housing Asset Fund to fund the construction of One-Hundred Thirty Nine (139) of the One-Hundred Seventy Four (174) affordable housing units comprising the proposed apartment project.
  2. Authorize the Chairman and/or Executive Director, in consultation with legal counsel, to execute as appropriate and deliver, for and in the name of the Authority, the Loan Agreement, Deed of Trust, Secured Promissory Note and Housing Agreement presented to the Authority Board at this meeting, as the same may be modified by the Executive Director in consultation with legal counsel to the Authority, provided such modifications are materially consistent with the purpose of the Resolution.
  3. Authorize the Chairman, the Executive Director, or their respective designees, in consultation with legal counsel to the Authority, to execute and deliver, for and in the name of the Authority, all other necessary or proper documents and instruments, and to do all things which they may deem necessary or proper to effectuate the purposes of the Resolution.

13.f

APPROVE SECOND AMENDMENT TO THE EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT CONTRACT NO. C43370 WITH FG CREATIVE

• RECOMMENDATION:
  1. Authorize Amendment No. 2 to El Paseo Parking and Business Improvement District (EPPBID) Contract No. C43370 with FG Creative in the amount of $250,000 for Fiscal Year (FY) 2023/24.
  2. Authorize the City Attorney to make non-substantive changes to the contract.
  3. Authorize the City Manager to execute the agreement on behalf of the City.

13.g

APPROVE A HOUSING AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND A0358 MONTEREY, LP, FOR THE CROSSINGS AT PALM DESERT APARTMENTS PROJECT

• RECOMMENDATION:
  1. Approve the attached Housing Agreement by and between the City of Palm Desert and A0358 Monterey, a California Limited Partnership, (“Owner”), in accordance with the conditions of approval of the development, of 176 units known as The Crossings at Palm Desert Apartments, a multifamily rental housing project located at the southeast corner of Dick Kelly Drive, Palm Desert, California (the “Project”).
  2. Authorize the City Manager or his designee, to finalize the Housing Agreement, and the documents described in the Agreement or otherwise deemed necessary or proper to effectuate the Housing Agreement and conditions of approval, with such changes thereto as the City Manager or his designee, in consultation with the City’s legal counsel, may deem appropriate or necessary and consistent with the purposes of the Housing Agreement and conditions of approval, with such approval to be conclusively evidenced by the execution and delivery thereof.
  3. Authorize the Mayor and/or City Manager or their designee, to execute and deliver, for and in the name of the City, the Housing Agreement and other documents, as described in Recommendation No. 2, and authorize the City Clerk to record the Housing Agreement.

13.h

APPOINT AMY LAWRENCE TO THE COACHELLA VALLEY ECONOMIC PARTNERSHIP'S BOARD OF DIRECTORS

• RECOMMENDATION:

  Appoint Amy Lawrence to the Coachella Valley Economic Partnership’s Board of Directors.

13.i

APPROVE OUT-OF-STATE TRAVEL FOR PUBLIC AFFAIRS MANAGER FOR STRATEGIC MARKETING PLANNING IN AUSTIN, TX

• RECOMMENDATION:

  Authorize out-of-state travel for the Public Affairs Manager to travel to Austin, TX, for an in-depth strategic planning session with the City’s creative agency, Idea Peddler.

13.j

REQUEST FOR MAYOR PRO TEM QUINTANILLA TO PARTICIPATE IN THE 2024 LEADERSHIP COACHELLA VALLEY PROGRAM

• RECOMMENDATION:

  Approve an expenditure in the amount of $1,200 for Mayor Pro Tem Quintanilla to participate in the 2024 Leadership Coachella Valley program.

13.k

CITY COUNCIL AND HOUSING AUTHORITY: APPROVE DOWN PAYMENT ASSISTANCE LOAN FROM THE LOW-AND MODERATE- INCOME HOUSING ASSET FUND TO CONTINUE AN AFFORDABLE HOUSING COST FOR THE HOMEOWNERS AT 75-476 WILDFLOWER LANE

• RECOMMENDATION:
  1. Approve the issuance of a silent down-payment assistance loan by the Palm Desert Housing Authority pursuant to the Desert Rose Sales Program and standard documents, in the amount of $30,000 to continue an affordable housing cost for the homeowners at 75-476 Wildflower Lane pursuant to California Health and Safety Code Section 50052.5 as a qualified low- or moderate-income household from the Low- and Moderate-Income Housing Asset Fund.
  2. Authorize the release of the City’s Deed of Trust recorded December 7, 2012, securing the promissory note for the existing silent down payment BEGIN loan.
  3. Authorize waiving the interest on the homeowner’s existing City Loan from the original date the City’s Deed of Trust recorded on December 7, 2012, through the date of release.
  4. Approve the Palm Desert Housing Authority’s Housing Asset Fund down payment assistance loan term to be forgivable 30 years from the original City Loan recording of December 7, 2012, so long as all terms of the loan are met by the homeowners.
  5. Authorize Director of Finance to transfer $30,000 from the Homebuyer Down Payment Assistance Account No. 8734699-4400100 and reimburse the City in BEGIN Fund.
  6. Authorize the City Manager/Executive Director, or designee, to execute, release, and finalize any documents necessary to effectuate the actions taken herewith.

13.l

RELEASE GRADING BOND AND REDUCE THE FAITHFUL PERFORMANCE AND LABOR AND MATERIALS BONDS FOR TR 37993, MONTAGE

• RECOMMENDATION:
  1. Reduce the Faithful Performance and Labor and Materials Bonds for TR 37993.
  2. Release the Grading Bond in the full amount of $186,906.

13.m

AWARD CONTRACT NO. C46140 TO DESERT AIR CONDITIONING, INC., FOR HEATING, VENTILATION, AND AIR CONDITIONING PREVENTATIVE MAINTENANCE IN THE ANNUAL AMOUNT OF $106,028 (PROJECT NO. MFA00008)

• RECOMMENDATION:
  1. Waive any minor proposal irregularities and award Contract No. C46140 to Desert Air Conditioning, Inc., for the Heating, Ventilation and Air Conditioning (HVAC) Preventative Maintenance in the annual amount of $106,028.
  2. Authorize extra work and services for HVAC repairs and replacements up to the annual amount of $75,000.
  3. Authorize the City Manager or designee to approve up to two, one-year contract amendments/extensions.
  4. Authorize the City Manager or designee to review and approve change orders for any unforeseen circumstances per Section 3.30.170 of Ordinance No. 1392.
  5. Authorize the City Attorney to make any necessary, non-monetary changes to the Agreement and the authorize the City Manager to execute said agreement.

13.n

RESOLUTION AUTHORIZING DESTRUCTION OF OBSOLETE RECORDS FROM THE FINANCE DEPARTMENT AND HUMAN RESOURCES DEPARTMENT

• RECOMMENDATION:

  Adopt Resolution No. 2023-039 authorizing the destruction of obsolete records from the Finance Department and Human Resources Department pursuant to California Government Code Section 34090.

13.o

AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK AND FACILITIES REPAIRS AND IMPROVEMENT PROJECTS

• RECOMMENDATION:
  1. Pursuant to PDMC Section 3.30.160(I), award Contract No. C44620D to R&R B Inc. dba Servpro of Chino/Chino Hills, Chino, California and Contract No. C44620E to Doug Wall Construction, Bermuda Dunes, California for Park and Facilities Repairs and Improvements, for a period of three (3) years in an aggregate amount not to exceed $3,000,000 per fiscal year.
  2. Authorize the City Manager to review and approve up to two (2) additional one-year terms per contract for an aggregated amount not to exceed $3,000,000 per fiscal year.
  3. Authorize the City Manager or designee to review and approve change orders for unforeseen circumstances.
  4. Authorize the City Manager to execute said agreements.

13.p

RESOLUTION NO. 2023-040 TO RATIFY THE PROCLAMATION OF A LOCAL EMERGENCY DUE TO HURRICANE HILARY

• RECOMMENDATION:

  Adopt Resolution No. 2023-040 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RATIFYING THE PROCLAMATION OF A LOCAL EMERGENCY DUE TO HURRICANE HILARY ISSUED BY THE MAYOR AND CITY MANAGER ACTING AS THE EMERGENCY CORPS COMMANDER ON AUGUST 20, 2023."

14.

ACTION CALENDAR

The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the options listed on the first page of the agenda.

14.a

APPROVAL OF AN AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE FOR A THREE-YEAR TERM FROM FY2024/2025 TO FY2026/2027

• RECOMMENDATION:
  1. Approve Agreement No. C46170 for Law Enforcement Services with the County of Riverside for a three-year term effective from July 1, 2024, through June 30, 2027.
  2. Authorize the City Attorney to make any necessary, non-monetary changes to the Agreement.
  3. Authorize the Mayor to execute the Agreement and any documents necessary to effectuate and implement the actions taken herewith.

14.b

PALM DESERT REDISTRICTING 2023 - REVIEW OF THE SCHEDULE OF PUBLIC HEARINGS/WORKSHOPS AND PUBLIC EDUCATION AND OUTREACH PLAN – OPTIONAL PROCESSES FOR ESTABLISHING DISTRICT BOUNDARIES

• RECOMMENDATION:
  1. Approve the Public Education and Outreach Plan & Schedule of Public Hearings/Workshops.
  2. Provide direction relative to optional processes for establishing district boundaries.

14.c

INTRODUCTION OF ORDINANCE NO. 1399 UPDATING CHAPTER 8.20 OF THE PALM DESERT MUNICIPAL CODE UPDATING PUBLIC NUISANCE ABATEMENT AND COST RECOVERY PROCEDURES, AND MAKING A FINDING OF EXEMPTION UNDER CEQA

• RECOMMENDATION:

  Waive full reading and introduce Ordinance No. 1399 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING CHAPTER 8.20 OF THE PALM DESERT MUNICIPAL CODE REGARDING PUBLIC NUISANCE ABATEMENT AND COST RECOVERY PROCEDURES, AND MAKING A FINDING OF EXEMPTION UNDER CEQA”

14.d

REQUEST FOR FEEDBACK AND DIRECTION REGARDING UPDATING CHAPTER 5.04 REGARDING MODIFICATION, SUSPENSION, OR REVOCATION OF BUSINESS LICENSES

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 options listed on the first page of this agenda.

15.a

JOINT CITY COUNCIL AND HOUSING AUTHORITY PUBLIC HEARING TO CONSIDER REMOVAL OF BLAIR ARMSTRONG FROM THE PALM DESERT HOUSING COMMISSION IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 34282

• RECOMMENDATION:
  1. Pursuant to Health and Safety Code Section 34282, conduct a hearing on the removal of Blair Armstrong from the Palm Desert Housing Commission.
  2. Find Blair Armstrong to be in neglect of duty of his obligations as a Housing Commissioner and remove him from the Palm Desert Housing Commission, effective immediately.

15.b

RESOLUTION NO. 2023-041: APPROVE A PROPOSED PLAN FOR BOND ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE CROSSINGS AT PALM DESERT APARTMENT PROJECT

• RECOMMENDATION:
  1. Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”) in connection with the proposed issuance in one or more series of revenue bonds by the California Statewide Communities Development Authority (“CSCDA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed Sixty Million Dollars $60,000,000.00 (the “Bonds”), to finance the acquisition, construction and development of the 176-unit Crossings at Palm Desert Apartments, a multifamily rental housing project located at located at the southeast corner of Dick Kelly Drive & Gateway Drive, Palm Desert, California (the “Project”) and receive public comments.
  2. Adopt Resolution No. 2023-041 in the form attached hereto approving the issuance of the Bonds by CSCDA for the benefit of A0357 Palm Desert, L.P., a California Limited Partnership (the "Borrower") a partnership of which Urban Housing Communities, LLC (the "Developer") or a related person to the Developer is the general partner, to provide for the financing of the Project. Such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and California Government Code Sections 6500 et seq.

15.c

ORDINANCE NO. 1398 TO CHANGE THE ZONING DESIGNATION OF PARCEL 1 OF PARCEL MAP NO. 36614, LOCATED APPROX. 500 FEET FROM NW CORNER OF HWY 111 AND FRED WARING DR. FROM RESORT COMMERCIAL CENTER (PC-4) TO DISTRICT COMMERCIAL CENTER (PC-2) - CEQA FINDING

• RECOMMENDATION:

  Waive full reading and introduce Ordinance No. 1398 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A CHANGE OF ZONE FROM PC-4 TO PC-2 FOR THE PROPERTY LOCATED ON PARCEL 1 OF PARCEL MAP NO. 36614 AT 72221 HIGHWAY 111 (ASSESSOR'S PARCEL NUMBER 640-020-054)”

15.d

CONSIDER APPROVAL OF A TRANSIENT OCCUPANCY TAX SHARING AGREEMENT NO. C46160 BETWEEN THE CITY OF PALM DESERT AND NEWAGE DESERT SPRINGS, LLC

• RECOMMENDATION:
  1. Approve the DRAFT Transient Occupancy Tax (TOT) Sharing Agreement No. C46160 between the City of Palm Desert and Newage Desert Springs, LLC remitting 50% of incremental TOT generation not to exceed $10 million to the property owner for the development and expansion of conference/ballroom space at the JW Marriott Desert Springs.
  2. Authorize the City Attorney to make non-substantive changes to the Agreement.
  3. Authorize the City Manager to execute said Agreement.

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