Palm Desert — 2023-12-14

10.a DESERT WILLOW GOLF RESORT COURSE OF THE YEAR AWARD

13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND 21\nHOUSING AUTHORITY MINUTES\nRECOMMENDATION:\nApprove the Minutes of November 16, 2023.

13.b APPROVAL OF WARRANTS 23\nRECOMMENDATION:\nApprove the warrants issued for the period 11/9/2023 to 12/1/2023.\nPage 3 of 14\nCity Council Meeting

13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE 63\nLICENSES\nRECOMMENDATION:\nReceive and file the applications for Alcoholic Beverage Licenses for:\n1. Carmen's Restaurant, 78010 Country Club Dr. Suite 400, Palm\nDesert\n2. Marriott Hotel Services, LLC. 74885 Country Club Dr., Palm\nDesert

13.d RECEIVE AND FILE THE INVESTMENT REPORT, GENERAL FUND, 71\nPARKVIEW OFFICE COMPLEX, AND DESERT WILLOW GOLF RESORT\nFINANCIAL MONLTHLY REPORTS FOR SEPTEMBER AND OCTOBER\n2023\nRECOMMENDATION:\nReceive and file the monthly Investment Report, General Fund, Parkview\nOffice Complex, and Desert Willow Golf Resort Financial Monthly Reports\nfor September and October 2023.

13.e APPOINTMENT OF ISRA SHAH AS PALM DESERT CITY ATTORNEY 153\nRECOMMENDATION:\n1. Approve Amendment No. 3 to Contract C28880 with Best Best &\nKrieger LLP for City Attorney Services to appoint Isra Shah as\nPalm Desert City Attorney.\n2. Authorize the City Attorney to make non-substantive changes and\nthe Mayor to execute all necessary documents.

13.f ADOPT CITY COUNCIL, SUCCESSOR AGENCY, FINANCING 169\nAUTHORITY AND HOUSING AUTHORITY RESOLUTIONS APPROVING\nTHE CITY OF PALM DESERT INVESTMENT POLICY (FIN-002), AS\nAMENDED\nRECOMMENDATION:\nAdopt City, Successor Agency, Financing Authority, and Housing Authority\nResolutions approving the City of Palm Desert Investment Policy (FIN-\n002), as amended.

13.g RECOMMEND DEACCESSION OF RECREATION LIBERATES BY JOS 215\nGOMOLKA\nRECOMMENDATION:\nAuthorize deaccession of Recreation Liberates by Jos Gomolka.\nPage 4 of 14\nCity Council Meeting

13.h APPROVE CENTRAL INVENTORY OF SURPLUS LAND OWNED BY 225\nTHE CITY OF PALM DESERT AND SUCCESSOR AGENCY TO THE\nPALM DESERT REDEVELOPMENT AGENCY AND DIRECT THE\nREPORTING OF INFORMATION TO THE CALIFORNIA DEPARTMENT\nOF HOUSING AND COMMUNITY DEVELOPMENT\nRECOMMENDATION:\n1. Approve the City of Palm Desert Central Inventory of surplus land\nand land in excess of foreseeable need in connection with\nproperties owned by the City of Palm Desert and Successor\nAgency to the Palm Desert Redevelopment Agency (SARDA), as\noutlined in the staff report, pursuant to Government Code Section\n54230(a)(1).\n2. Authorize staff to report to the California State Department of\nHousing and Community Development (HCD) information about\nsuch properties pursuant to Government Code 54230(a)(2).

13.i ADOPT A RESOLUTION EXTENDING THE CITY’S DEADLINE TO 235\nESTABLISH AN ONLINE PERMITTING SYSTEM FOR POST-\nENTITLEMENT PHASE PERMITS UNDER CALIFORNIA GOVERNMENT\nCODE SECTION 65913.3.5 (AB 2234)\nRECOMMENDATION:\nAdopt a resolution entitled, “EXTENDING THE DEADLINE TO ESTABLISH\nAN ONLINE PERMITTING SYSTEM FOR POST-ENTITLEMENT PHASE\nPERMITS UNDER CALIFORNIA GOVERNMENT CODE SECTION\n65913.3.5 (AB 2234).”

13.j ADOPT RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO 243\nCALIFORNIA GOVERNMENT CODE SECTIONS 66000-66008\nRELATING TO THE DEVELOPMENT IMPACT FEES ANNUAL REPORT\nFOR THE FISCAL YEAR ENDED JUNE 30, 2023\nRECOMMENDATION:\nAdopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF PALM DESERT, CALIFORNIA, REVIEWING AND\nACCEPTING THE ANNUAL DEVELOPMENT IMPACT FEE DISCLOSURE\nREPORT FOR THE CITY’S VARIOUS DEVELOPMENT IMPACT FEES\nAND MAKING FIVE-YEAR FINDINGS REGARDING THE CONTINUING\nNEED FOR UNEXPENDED BALANCES OF IMPACT FEES AS OF JUNE\n30, 2023, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION\n66001.”\nPage 5 of 14\nCity Council Meeting

13.k AUTHORIZE THE REMOUNT AND REFURBUSHMENT OF TWO ALS 269\nPARAMEDIC UNITS FROM FRAZER, LTD, FOR A TOTAL AMOUNT OF\n$551,410.64\nRECOMMENDATION:\n1. Authorize the remount and refurbishment of two ALS Paramedic\nUnits from Frazer, LTD, of Houston, Texas, for the amount of\n$551,410.64.\n2. Authorize the Director of Finance to appropriate and transfer out a\ntotal of $25,248.00 from Unobligated Fire Facilities Fund Balance\nto Equipment Replacement Fire Vehicles Account No. 5304220-\n4403000.

13.l APPROVE A LICENSE AGREEMENT BETWEEN THE CITY OF PALM 299\nDESERT AND DESERT WAVE VENTURES FOR USE OF A PORTION\nOF ASSESSOR’S PARCEL NUMBERS 620-450-002, 620-370-003, 620-\n370-004, 620-370-020, 620-370-033, AND A PORTION OF 620-370-043\nRECOMMENDATION:\n1. Approve a License Agreement between the City of Palm Desert\nand Desert Wave Ventures (DWV) for the use of Accessor’s\nParcel Nos. (APNs) 620-370-002, 620-370-003, 620-370-004,\n620-370-020, 620-370-033, and a portion of 620-370-043.\n2. Authorize City Attorney to make non-monetary changes to the\nLicense Agreement.\n3. Authorize City Manager to execute any and all documents related\nto the License Agreement.

13.m APPROVAL OF MILLS ACT CONTRACTS BETWEEN THE CITY AND 315\nTHE PROPERTY OWNER OF THREE INDIVIDUAL HISTORICAL\nPROPERTIES\nRECOMMENDATION:\n1. Adopt a resolution entitled, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,\nAPPROVING A MILLS ACT AGREEMENT BETWEEN THE CITY\nAND THE OWNER OF THE PROPERTY LOCATED AT 373\nSANDPIPER STREET, CASE NOS. MILLS23-0003.”\n2. Adopt a resolution entitled, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,\nAPPROVING A MILLS ACT AGREEMENT BETWEEN THE CITY\nAND THE OWNER OF THE PROPERTY LOCATED AT 382\nSANDPIPER STREET, CASE NOS. MILLS23-0004.”\n3. Adopt a resolution entitled, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,\nAPPROVING A MILLS ACT AGREEMENT BETWEEN THE CITY\nAND THE OWNER OF THE PROPERTY LOCATED AT 381\nSANDPIPER STREET, CASE NO. MILLS23-0008.”\nPage 6 of 14\nCity Council Meeting

13.n RECEIVE AND FILE INFORMATIONAL REPORT FOR ROAD 389\nCLOSURES SCHEDULED TO OCCUR FOR THE 2024 PALM DESERT\nHALF MARATHON AND 5K EVENT\nRECOMMENDATION:\n1. Receive and file informational report for road closures associated\nwith the Palm Desert Half Marathon and 5K event scheduled for\nSunday, February 18, 2024.\n2. Authorize the City Manager to execute any documents that may be\nnecessary to facilitate the event.

13.o APPROVE A ONE (1) YEAR LEASE AGREEMENT WITH ONE (1) 393\nEXTENSION OF ONE (1) YEAR WITH ADAM DRAKE FOR THE\nOPERATION OF A REMOTE CONTROLLED RACETRACK ON VACANT\nCITY-OWNED PARCEL WITH ASSESSOR’S PARCEL NO. 640-091-010\nRECOMMENDATION:\n1. Approve a one (1) year lease agreement with one (1) extension of\none (1) year with Adam Drake for the operation of a remote\ncontrolled racetrack (RC) on vacant City-owned parcel with\nAssessor’s Parcel No. (APN) 640-091-010.\n2. Authorize the City Attorney to make any necessary, non-monetary\nchanges.\n3. Authorize the City Manager to execute the lease and any and all\nrelated documents.

13.p RELEASE MAINTENANCE BOND FOR PORTA VIA PROJECT LOCATED 403\nAT 73100 EL PASEO\nRECOMMENDATION:\nRelease maintenance bond in the amount of $8,026.18 for the Porta Via\nRestaurant located at 73100 El Paseo.

13.q RESOLUTION TO AUTHORIZE THE DESTRUCTION OF OBSOLETE 409\nRECORDS OF THE HOUSING AUTHORITY\nRECOMMENDATION:\nAdopt a resolution entitled, “A RESOLUTION OF THE PALM DESERT\nHOUSING AUTHORITY SETTING FORTH ITS FINDINGS AND\nAUTHORIZING THE DESTRUCTION OF RECORDS OF THE PALM\nDESERT HOUSING AUTHORITY FROM 1988-2021 (AS IDENTIFIED ON\nEXHIBIT “A”), AS INDICATED ON THE RECORDS RETENTION\nSCHEDULE (ADOPTED BY THE PALM DESERT HOUSING AUTHORITY\nON JULY 13, 2023).”

13.r TROPICAL STORM HILARY RECOVERY UPDATE 419\nRECOMMENDATION:\nReceive and file update on the August 2023 Weather Event Storm\nRecovery and Redevelopment.\nPage 7 of 14\nCity Council Meeting

13.s APPROVE CITY HALL FURNITURE, FIXTURE, AND EQUIPMENT 421\nREPLACEMENT PROJECT AND REASSIGN FUNDS FROM\nCOMPLETED PROJECT SAVINGS\nRECOMMENDATION:\n1. Approve the addition of the City Hall Furniture, Fixture, and\nEquipment Replacement Project.\n2. Award an agreement to Quality Office Furnishings, Inc., for cubicle\nfurnishings in the amount of $280,840.71.\n3. Authorize the Director of Finance to set aside a contingency\namount of $30,000 for unforeseen circumstances.\n4. Authorize the City Manager to award a contract for improvements\nin the Development Services Building for an amount not to exceed\n$250,000.\n5. Reassign funds from Account No. 4504161-4400100 in the\namount of $560,840.71 from projects identified in the Financial\nImpact Section of the report to this project.\n6. Authorize the City Manager to execute the agreement, change\norders and any documents necessary to effectuate the actions\ntaken herewith.\n7. Authorize the City Attorney to make any necessary non-monetary\nchanges to the agreement.

13.t PURCHASE AND APPROPRIATION FOR A CUSTOMIZED LOW-SPEED 507\nELECTRIC VEHICLE FOR MOBILE LIBRARY OUTREACH\nRECOMMENDATION:\n1. Authorize the purchase of a customized electric low-speed utility\nvehicle for library outreach from Valero Services in an amount not\nto exceed $73,116.84, plus CA sales tax.\n2. Authorize Director of Finance to set aside a 20% contingency in\nthe amount of $15,756.68.\n3. Authorize Director of Finance to appropriate funds to Equipment\nReplacement Fund in General Government Capital Autos/Vehicles\nAccount Number .5304195-4403000 in the amount of $94,540.07.\n4. Authorize Director of Finance to make an interfund transfer from\nthe Library Services Fund Account No. 2524199-4501000 to the\nEquipment Replacement Fund Account No. 5300000-3910000 in\nthe amount of $94,540.07 to accommodate this request.\n5. Authorize the City Attorney to make any necessary non-monetary\nchanges to the agreement.\n6. Authorize the City Manager to execute all documents necessary to\neffectuate this action.\nPage 8 of 14\nCity Council Meeting

13.u RESOLUTION DESIGNATING THE CITY MANAGER, ASSISTANT CITY 515\nMANAGER AND CITY TREASURER TO BE AUTHORIZED AGENTS AS\nREQUIRED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY\nAND THE STATE OF CALIFORNIA GOVERNERS OFFICE OF\nEMERGENCY SERVICES FOR DISASTER AID\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING THE CITY\nMANAGER, ASSISTANT CITY MANAGER, AND CITY TREASURER TO\nBE THE AUTHORIZED AGENTS TO PROVIDE REQUIRED\nASSURANCES AND EXECUTE AGREEMENTS FOR THE PURPOSES\nOF OBTAINING FINANCIAL ASSISTANCE FROM THE FEDERAL\nEMERGENCY MANAGEMENT AGENCY (FEMA) AND THE STATE OF\nCALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES\n(CalOES) FOR DISASTER AID.”

13.v APPOINTMENT TO THE JOSLYN COVE SENIOR CENTER BOARD 523\nRECOMMENDATION:\nAppoint Michael Plante to The Joslyn Cove Senior Center Board to a term\nending June 30, 2025.

13.w APPROVAL OF THE 2024 CITY COUNCIL LIAISON AND 527\nSUBCOMMITTEE ASSIGNMENTS AND APPOINTMENT OF\nREPRESENTATIVES TO EXTERNAL ORGANIZATIONS\nRECOMMENDATION:\nApprove the 2024 City Council liaison and subcommittee assignments and\nappointment of representatives to external organizations.

13.x APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C43220 WITH 535\nFLOCK SAFETY FOR PHASE 3 OF A FIXED LOCATION AUTOMATED\nLICENSE PLATE RECOGNITION (ALPR) SYSTEM\nRECOMMENDATION:\n1. Approve Amendment No. 2 to Contract No. C43220 with Flock\nSafety for Phase 3 of a fixed location Automated License Plate\nRecognition system in the amount of $40,000 in the first year and\n$33,000 each year thereafter, subject to annual budget\nappropriation.\n2. Authorize the City Attorney to make necessary, non-monetary\nchanges to the Agreement.\n3. Authorize the City Manager to execute the Agreement and any\ndocuments necessary to effectuate the actions taken herewith.\nPage 9 of 14\nCity Council Meeting

13.y APPROVE CHANGE ORDER NO. 1 FOR THE HAYSTACK ROAD AT 543\nHIGHWAY 74 INTERSECTION MODIFICATIONS\nRECOMMENDATION:\n1. Approve Change Order No. 1 in the amount of $159,762.49 to\nContract No. C43350 with Crosstown Electrical and Data, Inc., for\nthe Haystack Road at Highway 74 Intersection Modifications\n(Project No. CST00003).\n2. Appropriate $175,000 to Project Account 2134250-5000904 from\nunobligated Measure A.

13.z AWARD CONTRACT TO THE VAN DYKE CORPORATION AND 549\nAPPROPRIATE FUNDS FOR THE SECTION 29 RETENTION BASIN\nIMPROVEMENTS AND EXPANSION (PROJECT CDR0004) IN THE\nAMOUNT NOT TO EXCEED $4,630,291.40\nRECOMMENDATION:\n1. Make a finding that the project is categorically exempt from further\nreview under the California Environmental Quality Act guidelines,\nClass 2 of section 15302, and authorize the consultant to submit a\nNotice of Exemption.\n2. Award Contract No. C46150 in the amount of $4,630,291.40 to\nThe Van Dyke Corporation of Twentynine Palms, CA, for the\nSection 29 Retention Basin Improvements and Expansion (Project\nCDR00004).\n3. Authorize the Director of Finance to set aside a contingency in the\namount of $463,029.14 for unforeseen conditions.\n4. Authorize the Director of Finance to appropriate $3,000,000 from\nBenefit Assessment District No. 1 (Section 29) unobligated fund\nbalance to Account No. 2894374-5000455, as well as an\nadditional $1,900,000 from the Restricted Capital Project fund\nbalance to Account No. 4514374-5000455.\n5. Authorize the City Manager to review and approve written requests\nfor the use of contingency per Section 3.30.170 B of the Palm\nDesert Municipal Code.\n6. Authorize the City Attorney to make any necessary, nonmonetary\nchanges to the agreement.\n7. Authorize the City Manager to execute the agreement and any\ndocuments necessary to effectuate the actions taken herewith.\n8. Authorize the City Manager to execute the Notice of Completion\n(NOC) and the City Clerk to file the NOC upon satisfactory\ncompletion of the Project.

14.a PROVIDE INPUT AND DIRECTION ON NORTH PALM DESERT 579\nCOMMUNITY PARK DESIGN\nRECOMMENDATION:\n1. Provide direction on schematic design for a new community park\nplanned on Dinah Shore in north Palm Desert and approve staff to\nmove forward with design development process.\n2. Direct Public Works Staff to finalize the park plans and approvals\nin accordance with the Millennium Palm Desert Specific Plan.

14.b EXTEND CONTRACT WITH YMCA FOR MANAGEMENT OF THE PALM 585\nDESERT AQUATIC CENTER FOR AN 18-MONTH TERM\nRECOMMENDATION:\n1. Approve Amendment No. 6 to extend Contract No. C36620 with\nthe Family Young Men’s Christian Association of the Desert\n(“YMCA”) of Palm Desert, California, for management and staffing\nof the Palm Desert Aquatic Center for an 18-month term in the\namount of $100,210 plus reimbursement of additional costs\nincluded in the agreement in the amount of $880,069 for a total\namount not to exceed $980,279 for FY2023/24.\n2. Authorize the Mayor to execute said amendment.\nFunds have been included in the 2023/24 Budget in the Aquatic Center\nSpecial Revenue Fund Account numbers as referenced in the fiscal\nanalysis. Funds for FY 2024/25 will be included in the forthcoming budget\nprocess.\nPage 11 of 14\nCity Council Meeting

14.c AWARD CONTRACT NO. C44200B TO AMERICAN LANDSCAPE, INC., 701\nOF CANOGA PARK, CALIFORNIA, FOR THE GREENS/TEE BOX\nRENOVATION AND TURF REDUCTION AT DESERT WILLOW GOLF\nRESORT IN THE AMOUNT OF $4,083,396.75 (PROJECT NO.\nMLS00005)\nRECOMMENDATION:\n1. Award Contract No. C44200B to American Landscape, Inc., of\nCanoga Park, California, for the Firecliff Golf Course Greens/Tee\nBox Renovations and Turf Reduction at Desert Willow Golf Resort\n(DWGR) in the amount of $4,083,396.75.\n2. Authorize the Finance Department to set aside a contingency in\nthe amount of $400,000 for unforeseen circumstances.\n3. Authorize the Finance Director to appropriate funds in the amount\nin the amount of $4,473,396.75 from unobligated Desert Willow\nCapital Fund Balance to Account No. 4414195-4809200, DWGR\nCapital.\n4. Authorize the City Attorney to make any necessary non-monetary\nchanges to the agreement.\n5. Authorize the City Manager to execute the agreement and any\ndocuments necessary to effectuate the actions taken herewith.\n6. Authorize the City Manager to review and approve written contract\nchange orders requests up to the contingency amount per Section\n3.30.170 of the Palm Desert Municipal Code.

14.d AUTHORIZE THE CITY MANAGER TO AWARD TASK ORDER 925\nCONTRACTS TO MULTIPLE VENDORS FOR CITYWIDE TROPICAL\nSTORM HILARY MAINTENANCE AND REPAIRS IN AN AMOUNT NOT\nTO EXCEED $2,000,000 (PROJECT NO. SDS00003)\nRECOMMENDATION:\n1. Authorize the City Manager to review and reject bids, waive any\nminor irregularities, and award task order contracts to qualified\ncontractors for Citywide Tropical Storm Hilary Maintenance and\nRepairs for a period of two (2) years in an aggregate amount not to\nexceed $2,000,000, pursuant to the terms of the agreement(s).\n2. Authorize the Director of Finance to appropriate $500,000 from\nGeneral Fund Facility Reserve Funds to Account No. 1104159-\n4219100.\n3. Authorize the City Manager to execute the agreements, and to\nreview and approve up to two (2) additional one-year terms per\nvendor contract.\n4. Authorize the City Attorney to make any necessary non-monetary\nchanges to the agreement.\nPage 12 of 14\nCity Council Meeting

14.e APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C44740 WITH 971\nPREST-VUKSIC-GREENWOOD ARCHITECTS (PVGA)\nRECOMMENDATION:\n1. Approve Amendment No. 1 to Contract No. C44740. with PVGA,\nextending term one additional year and in the amount of $165,000.\n2. Authorize the Finance Direct to increase contingency to a total\namount of $38,000.\n3. Authorize the City Attorney to make any necessary, nonmonetary\nchanges to the agreement.\n4. Authorize the City Manager to review and approve written contract\namendment requests, per Section 3.30.170 of the Palm Desert\nMunicipal Code.\n5. Authorize the City Manager to execute the amendment and\ndocuments necessary to effectuate the actions taken herewith

15.a PALM DESERT REDISTRICTING 2023: PUBLIC HEARING #3 1003\nREGARDING REDISTRICTING OF CITY COUNCIL BOUNDARIES (TO\nCOMMENCE AT 4:30 P.M. OR SOON THEREAFTER)\nRECOMMENDATION:\n1. Conduct a public hearing to receive public input on district\nboundaries and sequencing of elections.\n2. Receive and file a report on the redistricting process and\npermissible criteria to be considered to redraw district boundaries.\n3. Provide direction on any adjustments to Focus Map 109 and the\nsequencing of elections.

15.b SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 98-1 1057\nBETWEEN THE CITY OF PALM DESERT AND MARRIOT OWNERSHIP\nRESORTS, INC. – CONTINUE PUBLIC HEARING TO A DATE\nUNCERTAIN\nRECOMMENDATION:\nContinue the public hearing regarding a second amendment to\nDevelopment Agreement 98-1 between the City of Palm Desert and\nMarriott Ownership Resorts, Inc., to a date uncertain.

4.a Closed Session Meeting Minutes: October 26, 2023

4.b.2 PROPERTY DESCRIPTION: ASSESSOR'S PARCEL NUMBERS 694-\n410-003; 694-160-005 THROUGH 008, 694-160-011; 694-120-025;\nAND 685-010-005 THROUGH 008, 694-160-011; 694-120-025; AND\n685-010-005\nAgency: City of Palm Desert\nCity Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja\nNegotiating Parties: SG&H Cook Street, LLC, Palm Desert University\nGateway and TR Funding II\nUnder Negotiation: Price and Terms

9.a APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM 15\nRECOMMENDATION:\nAppoint Karina Quintanilla to the position of Mayor and Jan Harnik to the\nposition of Mayor Pro Tem for a one-year term commencing upon\nappointment.

9.b CONGRESSMAN CALVERT - RECOGNITION OF PALM DESERT'S 50TH\nANNIVERSARY

9.c PROCLAMATION - MANNY DE LA ROSA 19

9.d RPM RECOGNITION

9.e 59TH ANNUAL PALM DESERT GOLF CART PARADE RECAP