Palm Desert — 2023-09-14

13.b APPROVAL OF WARRANTS 31\nRECOMMENDATION:\nApprove the warrants issued for the period 6/30/2023 to 8/31/2023.

13.c RECEIVE AND FILE APPLICATION FOR ALCOHOLIC BEVERAGE 81\nLICENSE\nRECOMMENDATION:\nReceive and file the application for Alcoholic Beverage License for the\nfollowing business:\n1. Yours Truly Wine Importers; 77564 Country Club Dr. Suite 227

13.d RESOLUTION EXTENDING PARTICIPATION IN THE RIVERSIDE 85\nCOUNTY SERVICE AUTHORITY ABANDONED VEHICLE ABATEMENT\nPROGRAM UNTIL MAY 31, 2034\nRECOMMENDATION:\nAdopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE\nEXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF OF THE\nRIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE\nAUTHORITY UNTIL MAY 2034.”

13.e RESOLUTION TO AUTHORIZE DESTRUCTION OF OBSOLETE 89\nRECORDS FROM THE SPECIAL PROGRAMS DIVISION\nRECOMMENDATION:\nAdopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS\nFINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER\nRECORDS FROM THE SPECIAL PROGRAMS DIVISION"

13.f RECEIVE AND FILE INFORMATIONAL REPORT FOR ROAD 95\nCLOSURES SCHEDULED TO OCCUR ON EL PASEO ASSOCIATED\nWITH FISCAL YEAR 2023/24 ROUTINE SPECIAL EVENTS\nRECOMMENDATION:\nReceive and file informational report for road closures scheduled to occur\non El Paseo associated with the following Fiscal Year 2023/24 routine\nspecial events:\n1. Desert Cancer Foundation’s Paint El Paseo Pink – Saturday,\nOctober 14, 2023.\n2. Palm Desert Area Chamber of Commerce’s (PDACC) Golf Cart\nParade – Sunday, October 29, 2023.\n3. Martha’s Village and Kitchen’s Thanksgiving 5K – Thursday,\nNovember 23, 2023.\n4. Palm Desert Charter Middle School Foundation’s Panther 5K –\nSunday, January 28, 2024.

13.g RECEIVE AND FILE A LETTER OF OPPOSITION TO ASSEMBLY BILL 97\n1484 (ZBUR): TEMPORARY PUBLIC EMPLOYEES\nRECOMMENDATION:\nReceive and file a letter of opposition to Assembly Bill 1484 (Zbur):\nTemporary Public Employees.

13.h SECOND READING AND ADOPTION OF ORDINANCE NO. 1399, AN 111\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,\nCALIFORNIA, UPDATING CHAPTER 8.20 REGARDING PUBLIC\nNUISANCE ABATEMENT AND COST RECOVERY PROCEDURES\nRECOMMENDATION:\nWaive the second reading of the ordinance text in its entirety and read by\ntitle only; and adopt Ordinance No. 1399 entitled, "AN ORDINANCE OF\nTHE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,\nUPDATING CHAPTER 8.20 REGARDING PUBLIC NUISANCE\nABATEMENT AND COST RECOVERY PROCEDURES".

13.i SECOND READING OF ORDINANCE TO CHANGE ZONING 129\nDESIGNATION OF PARCEL 1 OF PARCEL MAP NO. 36614, LOCATED\nAPPROX. 500 FEET FROM NW CORNER OF HWY 111 AND FRED\nWARING DR. FROM RESPORT COMMERCIAL CENTER (PC-4) TO\nDISTRICT COMMERCIAL CENTER (PC-2) - CEQA FINDING\nRECOMMENDATION:\nWaive the second reading of the ordinance text in its entirety and read by\ntitle only; and adopt Ordinance No. 1398 entitled, "AN ORDINANCE OF\nTHE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,\nADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE STATE OF\nCALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND\nAPPROVING A CHANGE OF ZONE FROM PC-4 TO PC-2 FOR THE\nPROPERTY LOCATED ON PARCEL 1 OF PARCEL MAP NO. 36614 AT\n72221 HIGHWAY 111 (ASSESSOR'S PARCEL NUMBER 640-020-054)\nCASE NO. CZ23-0001".

13.j HOUSING AUTHORITY - APPROVE CHANGE ORDER NO. 1 TO 135\nCONTRACT HA45140 WITH JACOBSSON ENGINEERING\nCONSTRUCTION, INC., FOR THE FURNISHING AND INSTALLATION\nOF 10 CARPORTS AT ONE QUAIL PLACE IN THE AMOUNT OF\n$601,000 (PROJECT CHA00003)\nRECOMMENDATION:\n1. Approve Change Order No. 1 to Contract HA45140 with\nJacobsson Engineering Construction, Inc., for the furnishing and\ninstallation of 10 carports at One Quail Place in the amount of\n$601,000.\n2. Authorize additional 10% contingency in the amount of $60,100 for\nunforeseen conditions.\n3. Appropriate $661,100 to Account Number No. 8714195-4331100\nfrom the Housing Authority’s Committed Reserve Funds.\n4. Authorize the Executive Director or his designee to take any\nnecessary actions to facilitate the agreement, to execute the\nChange Order and any documents necessary to effectuate the\nactions taken herewith.

13.k AUTHORIZE THE USE OF QUILL, LLC., AND NATIONAL SERVICES 139\nCOMPANY DBA WAXIE SANITARY SUPPLY FOR THE PURCHASE OF\nOFFICE, JANITORIAL, AND SANITARY SUPPLIES FOR THE PALM\nDESERT HOUSING AUTHORITY FOR FISCAL YEAR 2023/24\nRECOMMENDATION:\n1. Authorize the use of, and establish an account with, Quill, LLC, for\nthe purchase of office supplies for the management of the Housing\nAuthority properties pursuant to Section 3.30.160 (E) of the Palm\nDesert Municipal Code in an amount not to exceed $53,700 for\nFiscal Year 2023/24.\n2. Authorize the use of, and establish an account with, National\nServices Company dba Waxie Sanitary Supply for the purchase of\njanitorial and sanitary supplies for the Housing Authority properties\npursuant to Section 3.30.160 (E) of the Palm Desert Municipal\nCode in an amount not to exceed $32,340 for Fiscal Year 2023/24.

13.l RATIFY A CHANGE ORDER FOR CONTRACT NO. C41770 WITH 145\nRIVERSIDE COUNTY ANIMAL SERVICES IN THE AMOUNT OF $58,725\nTO COVER ADDITIONAL COSTS FOR FIELD AND ANIMAL SHELTER\nSERVICES FOR FISCAL YEAR 2022/23 – BUDGET ADJUSTMENT\nRECOMMENDATION:\nRatify a Change Order for Contract No. C41770 with Riverside County\nAnimal Services in the amount of $58,725 to cover additional costs for field\nand animal shelter services for Fiscal Year 2022/23.\nPage 5 of 10\nCity Council Meeting

13.m HOUSING AUTHORITY - AUTHORIZE AN INCREASE TO THE NOT TO 147\nEXCEED AMOUNT FOR HD SUPPLY FACILITIES MAINTENANCE, LTD.,\nIN THE AMOUNT OF $10,000 FOR FISCAL YEAR 2022/23\nRECOMMENDATION:\nAuthorize an increase of $10,000 to the not to exceed amount of HD\nSupply Facilities Maintenance in Fiscal Year 2022/23 for an aggregate\namount of $220,000.

13.n REQUEST FOR APPROVAL OF SIDE LETTER CLARIFYING CALLBACK 149\nPAY IN THE MEMORANDUM OF UNDERSTANDING BETWEEN THE\nCITY OF PALM DESERT AND THE PALM DESERT EMPLOYEE\nORGANIZATION\nRECOMMENDATION:\n1. Approve the side letter clarifying callback pay in the Memorandum\nof Understanding between the City of Palm Desert and the Palm\nDesert Employee Organization.\n2. Authorize the City Manager to take actions to implement the side\nletter between the City of Palm Desert and Palm Desert Employee\nOrganization.

13.o ACCEPT A RESIGNATION FROM THE CIVIC ENGAGEMENT 155\nCOMMITTEE\nRECOMMENDATION:\nWith regret, accept the resignation of Jonathan Stutz from the Civic\nEngagement Committee.

13.p ADOPT A RESOLUTION APPROVING FINAL TRACT MAP NO. 37639 157\nAND AGREEMENTS\nRECOMMENDATION:\n1. Adopt a resolution entitled, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,\nAPPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP\n37639.\n2. Authorize the Mayor to execute the Agreement for the Exchange\nof Real Property and any documents necessary to effectuate and\nimplement the actions taken herewith.\n3. Authorize the Mayor to execute a Master Agreement for Grant of\nTemporary Construction, Access, and Parking Easements.\n4. Authorize the City Attorney to make non-substantive changes to\nthe Agreements and City Manager to execute any changes to said\nAgreements.

13.q RATIFY AMENDMENT NO. 1 TO CONTRACT NO. C44620B WITH 351\nBELFOR USA GROUP, INC., FOR PROPERTY RESTORATION\nSERVICES\nRECOMMENDATION:\nRatify Amendment No. 1 to Contract No. C44620B with Belfor USA Group,\nInc., for property restoration services.\nPage 6 of 10\nCity Council Meeting

13.r ACCEPTANCE OF A RESIGNATION FROM THE HOMELESSNESS 355\nTASKFORCE AND APPOINTMENTS TO THE HOMELESSNESS\nTASKFORCE AND HOUSING COMMISSION\nRECOMMENDATION:\n1. With regret, accept the resignation of Rosemary Anaya from the\nHomelessness Taskforce.\n2. Appoint Christopher Schachter to the Homelessness Taskforce for\na term ending June 30, 2025.\n3. Appoint Davis Meyer to the Homelessness Taskforce for a term\nending June 30, 2027.\n4. Appoint Olivia Bocken to the Housing Commission as a Housing\nAuthority Tenant for a term ending June 30, 2025.\n5. Appoint Dominic Moore to the Housing Commission for a term\nending June 30, 2027.

13.s APPROVE CONTRACT WITH SHADE STRUCTURES, INC., DBA USA 357\nSHADE & FABRIC STRUCTURES FOR SHADE IMPROVEMENTS AT\nTHE PALM DESERT AQUATIC CENTER AND FREEDOM PARK\n(PROJECT NO. MFA00022 AND MPK00001, RESPECTIVELY)\nRECOMMENDATION:\n1. Approve a contract with Shade Structures, Inc., dba USA Shade &\nFabric Structures (USA Shade) for shade improvements at the\nPalm Desert Aquatic Center and Freedom Park in the combined\namount of $784,485.27.\n2. Authorize the Finance Department to set aside a contingency\namount of $150,000 for unforeseen circumstances.\n3. Approve a budget appropriation from General Fund Reserves and\ntransfer to Palm Desert Aquatic Center Capital Project Account\nNo. 2424549-4400100 in the amount of $508,285.98.\n4. Authorize the City Manager or designee to review and approve\nwritten contract amendment or change order requests up to the\ncontingency amount.\n5. Authorize the City Attorney to make non-substantive changes and\nthe City Manager to execute all necessary documents.

13.t INTRODUCTION OF AN ORDINANCE AMENDING SECTION 2.36.370 457\nOF THE PALM DESERT MUNICIPAL CODE RELATED TO THE\nREADING OF ORDINANCES AND RESOLUTIONS\nRECOMMENDATION:\nIntroduce an ordinance entitled, “AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING\nSECTION 2.36.370 OF THE PALM DESERT MUNICIPAL CODE\nRELATED TO THE READING OF ORDINANCES AND RESOLUTIONS.”\nPage 7 of 10\nCity Council Meeting\n14. ACTION CALENDAR\nThe public may comment on individual Action Items within the three-minute time\nlimit. Speakers may utilize one of the three options listed on the last page of the\nagenda.

14.a CONSIDERATION OF A THREE-YEAR SPONSORSHIP WITH DESERT 461\nPUBLICATIONS, INC., FOR FASHION WEEK EL PASEO AND FOOD &\nWINE FESTIVAL PALM DESERT\nRECOMMENDATION:\n1. Approve a three-year Sponsorship Agreement with Desert\nPublications, Inc., in the amount of $300,000 annually for Fashion\nWeek El Paseo and the Palm Desert Food & Wine Festival.\n2. Authorize use of the north side of Shadow Mountain Lane behind\nThe Gardens on El Paseo for valet parking during the event.\n3. Authorize waiver of all permit and inspection fees related to the\nevent.\n4. Authorize the City Attorney to make non-substantive changes and\nthe City Manager to execute all necessary documents.

14.b APPOINTMENT OF LORI DAVIS AS THE PALM DESERT POET 555\nLAUREATE\nRECOMMENDATION:\nAppoint Lori Davis as Palm Desert’s inaugural Poet Laureate.

14.c APPROPRIATE FUNDS FOR EMERGENCY EXPENDITURES 573\nINCURRED DURING THE AUGUST 2023 WEATHER EVENT\nRECOMMENDATION:\n1. Receive and file the report of expenditures to date related to the\nAugust 2023 weather event.\n2. Appropriate funds in the amount of $1,765,000 from committed\ngeneral fund balance allocated to emergency reserves to the\nemergency expenditure account (1104159-4219100) to cover\nexpenditures incurred during the August 2023 weather event.\n3. Authorize the City Manager to transfer funds from the emergency\nexpenditure account to other expenditure accounts as appropriate.\n15. PUBLIC HEARINGS\nThe public may comment on individual Public Hearing Items within the three-\nminute time limit. The applicant or appellant will be provided up to five minutes\nto make their presentation. Speakers may utilize one of the three options listed\non the last page of this agenda.\nPage 8 of 10\nCity Council Meeting

15.a RESOLUTION TO APPROVE THE FEE INCREASE FOR THE PALM 577\nDESERT AQUATIC CENTER\nRECOMMENDATION:\n1. Hold a public hearing on the matter of approving a one-time\nincrease of admissions fees to the Palm Desert Aquatic Center\nbased on Year 1 of the proposed five-year fee increase plan.\n2. Adopt a resolution entitled, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,\nINCREASING CERTAIN ENTRY FEES FOR THE PALM DESERT\nAQUATIC CENTER AND TAKING OTHER ACTIONS THEREIN.”

4.b Conference with Labor Negotiators pursuant to Government Code Section\n54957.6\nAgency designated representatives: Todd Hileman, Chris Escobedo, Andrea\nStaehle\nEmployee organization: Palm Desert Employees Organization

9.a PRESENTATION - HUNGER ACTION MONTH

9.b PRESENTATION - CITY OF PALM DESERT EMPLOYEES 11\n10. CITY MANAGER COMMENTS\n11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION\n12. NONAGENDA PUBLIC COMMENTS\nThis time has been set aside for the public to address the City Council on issues\nthat are not on the agenda for up to three minutes. Speakers may utilize one of\nthe three options listed on the last page of the agenda. Because the Brown Act\ndoes not allow the City Council to act on items not listed on the agenda,\nmembers may briefly respond or refer the matter to staff for a report and\nrecommendation at a future meeting.\n13. CONSENT CALENDAR\nAll matters listed on the Consent Calendar are considered routine and may be\napproved by one motion. The public may comment on any items on the Consent\nAgenda within the three-minute time limit. Individual items may be removed by\nthe City Council for a separate discussion.\nRECOMMENDATION:\nTo approve the consent calendar as presented.