Palm Desert City Council - Regular Meeting - September 14, 2023
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 last 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: August 24, 2023
Public Comments:
4.b
Conference with Labor Negotiators pursuant to Government Code Section 54957.6 Public Comments:
5. ROLL CALL - REGULAR MEETING - 4:00 P.M.
6. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Quintanilla
7. INSPIRATION
Councilmember Trubee
8. REPORT OF CLOSED SESSION
City Attorney Hargreaves
9. AWARDS AND PRESENTATIONS
9.a
PRESENTATION - HUNGER ACTION MONTH
1. 0 Presentation - Hunger Action Month.pdf
9.b
PRESENTATION - CITY OF PALM DESERT EMPLOYEES
1. Certificates of Appreciation-Hurricane Hilary.pdf
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 last 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.b
APPROVAL OF WARRANTS
1. 2023-06-30_WR_Check_Register_by_Bank_ID_and_Date_-_Revised.pdf
2. 2023-07-20 to 2023-08-14 WIRE Check Register by Bank ID and Date - signed.pdf
3. 2023-08-17 Check Register by Bank ID and Date - UPDATED - signed.pdf
4. 2023-08-18 Check Register by Bank ID and Date - signed.pdf
5. 2023-08-23 Check Register by Bank ID and Date - signed.pdf
6. 2023-08-24 Check Register by Bank ID and Date - signed.pdf
7. 2023-08-25 Check Register by Bank ID and Date - signed.pdf
8. 2023-08-30_WR_Check_Register_by_Bank_ID_and_Date.pdf
9. 2023-08-31_Check_Register_by_Bank_ID_and_Date.pdf
RECOMMENDATION:
Approve the warrants issued for the period 6/30/2023 to 8/31/2023.
13.c
RECEIVE AND FILE APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE
1. ABC CPD Routing Memo - YOURS TRULY WINE IMPORTERS - Staff approved.pdf RECOMMENDATION:
Receive and file the application for Alcoholic Beverage License for the following business:
1. Yours Truly Wine Importers; 77564 Country Club Dr. Suite 227
13.d
RESOLUTION EXTENDING PARTICIPATION IN THE RIVERSIDE COUNTY SERVICE AUTHORITY ABANDONED VEHICLE ABATEMENT PROGRAM UNTIL MAY 31, 2034
1. A RESOLUTION AUTHORIZING PARTICIPATION OF ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY.pdf
2. AVA Resolution.pdf
RECOMMENDATION:
Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE EXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2034.”
13.e
RESOLUTION TO AUTHORIZE DESTRUCTION OF OBSOLETE RECORDS FROM THE SPECIAL PROGRAMS DIVISION
1. Destruction of Files.pdf
2. Ex A YC aipp minutes for Destruction of files.pdf
3. Resolution to Destroy Records YC AIPP Agendas and proposals for artworks.pdf
4. Supplemental - 2023-09-14 Q and A Memo.pdf
RECOMMENDATION:
Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER RECORDS FROM THE SPECIAL PROGRAMS DIVISION"
13.f
RECEIVE AND FILE INFORMATIONAL REPORT FOR ROAD CLOSURES SCHEDULED TO OCCUR ON EL PASEO ASSOCIATED WITH FISCAL YEAR 2023/24 ROUTINE SPECIAL EVENTS
1. El Paseo Event Road Closures.pdf
RECOMMENDATION:
Receive and file informational report for road closures scheduled to occur on El Paseo associated with the following Fiscal Year 2023/24 routine special events:
Desert Cancer Foundation’s Paint El Paseo Pink – Saturday, October 14, 2023.
Palm Desert Area Chamber of Commerce’s (PDACC) Golf Cart Parade – Sunday, October 29, 2023.
Martha’s Village and Kitchen’s Thanksgiving 5K – Thursday, November 23, 2023.
Palm Desert Charter Middle School Foundation’s Panther 5K – Sunday, January 28, 2024.
13.g
RECEIVE AND FILE A LETTER OF OPPOSITION TO ASSEMBLY BILL 1484 (ZBUR): TEMPORARY PUBLIC EMPLOYEES
1. AB 1484 - Opposition Letter.pdf
2. Attachment 1 - Letter of Opposition to AB 1484.pdf
3. Attachment 2 - AB 1484 Bill Text and Analysis.pdf
RECOMMENDATION:
Receive and file a letter of opposition to Assembly Bill 1484 (Zbur): Temporary Public Employees.
13.h
SECOND READING AND ADOPTION OF ORDINANCE NO. 1399, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING CHAPTER 8.20 REGARDING PUBLIC NUISANCE ABATEMENT AND COST RECOVERY PROCEDURES
1. 2nd Reading of Ordinance 1399.pdf
2. Ordinance No. 1399 Updating PDMC Chapter 8.20 Public Nuisances-c1.pdf RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1399 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING CHAPTER 8.20 REGARDING PUBLIC NUISANCE ABATEMENT AND COST RECOVERY PROCEDURES".
13.i
SECOND READING OF ORDINANCE TO CHANGE 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 RESPORT COMMERCIAL CENTER (PC-4) TO DISTRICT COMMERCIAL CENTER (PC-2) - CEQA FINDING
1. 2nd Reading of Ordinance 1398.pdf
2. Ordinance No. 1398 CZ23-0001 72221 Highway 111 .pdf
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1398 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 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) CASE NO. CZ23-0001"
.
13.n
REQUEST FOR APPROVAL OF SIDE LETTER CLARIFYING CALLBACK PAY IN THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT EMPLOYEE ORGANIZATION
1. Request for Approval of Side Letter Clarifying Callback Pay.pdf
2. Attachment 1 - Final Side Letter Callback Clarification.pdf
3. Supplemental 13n - 2023-09-14 Q and A Memo.pdf
RECOMMENDATION:
Approve the side letter clarifying callback pay in the Memorandum of Understanding between the City of Palm Desert and the Palm Desert Employee Organization.
Authorize the City Manager to take actions to implement the side letter between the City of Palm Desert and Palm Desert Employee Organization.
13.o
ACCEPT A RESIGNATION FROM THE CIVIC ENGAGEMENT COMMITTEE
1. 09-2023 Resignation from Civic Engagement Committee.pdf RECOMMENDATION:
With regret, accept the resignation of Jonathan Stutz from the Civic Engagement Committee.
13.p
ADOPT A RESOLUTION APPROVING FINAL TRACT MAP NO. 37639 AND AGREEMENTS
1. Adopt Resolution approving Final Tract Map No. 37639 and agreements.pdf
2. 1. Resolution.pdf
3. 2. RES 2022-09 - Combined 2019-82 (Final).pdf
4. 3. DSRT Surf - TTM 37639.pdf
5. 4. Final Tract Map 37639.pdf
6. 5. Grading Agreement.pdf
7. 6. Grading Bond.pdf
8. 7. Subdivision Improvment Agreement.pdf
9. 8. Subdivision Improvement Bonds.pdf
10. 9. Master Agreement for Temporary Access and Parking Easement DWV Signed 2023.08.25.pdf
11. 10. Exchange of Real Property Agreement.pdf
RECOMMENDATION:
Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP 37639.
Authorize the Mayor to execute the Agreement for the Exchange of Real Property and any documents necessary to effectuate and implement the actions taken herewith.
Authorize the Mayor to execute a Master Agreement for Grant of Temporary Construction, Access, and Parking Easements.
Authorize the City Attorney to make non-substantive changes to the Agreements and City Manager to execute any changes to said Agreements.
13.q
RATIFY AMENDMENT NO. 1 TO CONTRACT NO. C44620B WITH BELFOR USA GROUP, INC., FOR PROPERTY RESTORATION SERVICES
1. Ratify CO1 to C44620B Belfor USA.pdf
2. C44620B - Amendment No. 1 - Belfor USA - signed.pdf
RECOMMENDATION:
Ratify Amendment No. 1 to Contract No. C44620B with Belfor USA Group, Inc., for property restoration services.
13.s
APPROVE CONTRACT WITH SHADE STRUCTURES, INC., DBA USA SHADE & FABRIC STRUCTURES FOR SHADE IMPROVEMENTS AT THE PALM DESERT AQUATIC CENTER AND FREEDOM PARK (PROJECT NO. MFA00022 AND MPK00001, RESPECTIVELY)
1. Approve Contract with Shade Structures, Inc. for PDAC.pdf
2. 01 PDAC Shade Structure Map.pdf
3. City of Palm Desert Quote Extention Letter 09012023.pdf
4. 03 Maintenance Services Agreement - Shade Structures.pdf
5. 04 CMAS Contract.pdf
6. 02 Proposals - Shade Structures Inc.pdf
RECOMMENDATION:
Approve a contract with Shade Structures, Inc., dba USA Shade & Fabric Structures (USA Shade) for shade improvements at the Palm Desert Aquatic Center and Freedom Park in the combined amount of $784,485.27.
Authorize the Finance Department to set aside a contingency amount of $150,000 for unforeseen circumstances.
Approve a budget appropriation from General Fund Reserves and transfer to Palm Desert Aquatic Center Capital Project Account No. 2424549-4400100 in the amount of $508,285.98.
Authorize the City Manager or designee to review and approve written contract amendment or change order requests up to the contingency amount.
Authorize the City Attorney to make non-substantive changes and the City Manager to execute all necessary documents.
13.t
INTRODUCTION OF AN ORDINANCE AMENDING SECTION 2.36.370 OF THE PALM DESERT MUNICIPAL CODE RELATED TO THE READING OF ORDINANCES AND RESOLUTIONS
1. Ordinance to amend reading of Ordinances and Resolutions.pdf
2. 01 Ordinance.pdf
RECOMMENDATION:
Introduce an ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.36.370 OF THE PALM DESERT MUNICIPAL CODE RELATED TO THE READING OF ORDINANCES AND RESOLUTIONS.”
13.a
APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES
1. 2023-08-24 Council Meeting Draft Minutes.pdf
2. 2023-08-24 Study Session draft Minutes.pdf
RECOMMENDATION:
Approve the Minutes of August 24, 2023, Study Session and Regular Meeting.
13.j
HOUSING AUTHORITY - 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)
1. APPROVE CHANGE ORDER NO. 1 WITH JACOBSSON ENGINEERING FOR CARPORTS AT ONE QUAIL PLACE (PROJECT CHA00003).pdf
2. Attachment 1 Contractor's Cost Proposal.pdf
RECOMMENDATION:
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.
Authorize additional 10% contingency in the amount of $60,100 for unforeseen conditions.
Appropriate $661,100 to Account Number No. 8714195-4331100 from the Housing Authority’s Committed Reserve Funds.
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.k
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
1. AUTHORIZE THE USE OF QUILL AND WAXIE FOR PDHA FYE 2024.pdf
2. Attachment 1_Participation Letter_Quill.pdf
3. Attachment 2_Participation Letter Network_Waxie.pdf
RECOMMENDATION:
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.
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.l
RATIFY A CHANGE ORDER FOR CONTRACT NO. C41770 WITH RIVERSIDE COUNTY ANIMAL SERVICES IN THE AMOUNT OF $58,725 TO COVER ADDITIONAL COSTS FOR FIELD AND ANIMAL SHELTER SERVICES FOR FISCAL YEAR 2022/23 – BUDGET ADJUSTMENT
1. FY 23 Animal Services Budget Amendment(2).pdf
RECOMMENDATION:
Ratify a Change Order for Contract No. C41770 with Riverside County Animal Services in the amount of $58,725 to cover additional costs for field and animal shelter services for Fiscal Year 2022/23 with request staff to explore $3,000 for mobile bus and return to Council for discussion.
13.m
HOUSING AUTHORITY - 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
1. AUTHORIZE AN INCREASE TO HD SUPPLY IN THE AMOUNT OF $10,000.00 FOR FYE 2023.pdf 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.r
ACCEPTANCE OF A RESIGNATION FROM THE HOMELESSNESS TASKFORCE AND APPOINTMENTS TO THE HOMELESSNESS TASKFORCE AND HOUSING COMMISSION
1. Appointments to Homelessness Taskforce and Housing Commission, Accept Resignation from Homelessness Taskforce.pdf RECOMMENDATION:
With regret, accept the resignation of Rosemary Anaya from the Homelessness Taskforce.
Appoint Christopher Schachter to the Homelessness Taskforce for a term ending June 30, 2025.
Appoint Davis Meyer to the Homelessness Taskforce for a term ending June 30, 2027.
Appoint Olivia Bocken to the Housing Commission as a Housing Authority Tenant for a term ending June 30, 2025.
Appoint Dominic Moore to the Housing Commission for a term ending June 30, 2027.
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 last page of the agenda.
14.a
CONSIDERATION OF A THREE-YEAR SPONSORSHIP WITH DESERT PUBLICATIONS, INC., FOR FASHION WEEK EL PASEO AND FOOD & WINE FESTIVAL PALM DESERT
1. Fashion Week El Paseo and Palm Desert Food and Wine Sponsorship.pdf
2. Attachment 1 - Sponsorship Agreement.pdf
3. Attachment 2 - Fashion Week El Paseo Partner Summary.pdf
4. Attachment 3 - PD Food and Wine Festival Partner Summary.pdf
5. Attachment 4 - Draft City Sponsorship Agreement.pdf
6. Supplemental 14a - 2023-09-14 Q and A Memo.pdf
7. Supplemental - 14a FWEP and PDFW Sponorship.pdf
RECOMMENDATION:
Approve a three-year Sponsorship Agreement with Desert Publications, Inc., in the amount of $300,000 annually for Fashion Week El Paseo and the Palm Desert Food & Wine Festival.
Authorize use of the north side of Shadow Mountain Lane behind The Gardens on El Paseo for valet parking during the event.
Authorize waiver of all permit and inspection fees related to the event.
Authorize the City Attorney to make non-substantive changes and the City Manager to execute all necessary documents.
14.b
APPOINTMENT OF LORI DAVIS AS THE PALM DESERT POET LAUREATE
1. Appointment of Lori Davis as Poet Laureate.pdf
2. Attachment 1 - Call for Nominations.pdf
3. Attachment 2 - Lori Davis Application.pdf
RECOMMENDATION:
Appoint Lori Davis as Palm Desert’s inaugural Poet Laureate.
14.c
APPROPRIATE FUNDS FOR EMERGENCY EXPENDITURES INCURRED DURING THE AUGUST 2023 WEATHER EVENT
1. Appropriate Funds For Emergency Expenditures Incurred During August 2023 Storm Event.pdf
2. 01 Report of Expenses for August 2023 Weather Event as of 9-6-2023.pdf
3. Supplemental - 14c Initial Emergency Work Appropriations PPT.pdf RECOMMENDATION:
Receive and file the report of expenditures to date related to the August 2023 weather event.
Appropriate funds in the amount of $1,765,000 from committed general fund balance allocated to emergency reserves to the emergency expenditure account (1104159-4219100) to cover expenditures incurred during the August 2023 weather event.
Authorize the City Manager to transfer funds from the emergency expenditure account to other expenditure accounts as appropriate.
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 last page of this agenda.
15.a
RESOLUTION TO APPROVE THE FEE INCREASE FOR THE PALM DESERT AQUATIC CENTER
1. Approve Fee Increase for Palm Desert Aquatic Center.pdf
2. 01 Resolution No. 2011-32.pdf
3. 02 Resolution.pdf
4. Supplemental - 15a PDAC Fee Presentation.pdf
RECOMMENDATION:
Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INCREASING CERTAIN ENTRY FEES FOR THE PALM DESERT AQUATIC CENTER AND TAKING OTHER ACTIONS THEREIN.”
15.b
PALM DESERT REDISTRICTING 2023 – PUBLIC HEARING #1 TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE REDRAWING OF ELECTION DISTRICT BOUNDARIES
1. Redistricting - Public Hearing 1.pdf
2. 01 Redistricting - PowerPoint Presentation.pdf
3. Supplemental - 15b Districting - Public Comment.pdf
RECOMMENDATION:
Receive and file a report on the redistricting process and permissible criteria to be considered to redraw district boundaries.
Conduct a public hearing to receive public input on district boundaries.
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, (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