Palm Desert City Council - Regular Meeting - April 11, 2024
1. CALL TO ORDER - 4:00 P.M.
A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, April 11, 2024, at 4:13 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
Councilmember Trubee led the Pledge of Allegiance.
4. INSPIRATION
Mayor Quintanilla provided words of inspiration.
5. AWARDS, PRESENTATIONS, AND APPOINTMENTS
John F. Kennedy Memorial Foundation President/CEO Peter Sturgeon thanked the City of Palm Desert for the CDBG grant awarded last year and introduced two student ambassadors who shared their experience with the Foundation's Ophelia Project.
6. CITY MANAGER COMMENTS
1. CM Comments - Natl Library Wk.pdf
Director of Library Services Shaffer provided a report regarding National Library Week and responded to City Council inquiries.
7. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
Councilmembers reported on their attendance at various meetings and events. Councilmember Nestande reported the Southern California region was awarded $200 million in federal grants for energy initiatives related to climate change, and additional information would be available through Coachella Valley Association of Governments.
8. NONAGENDA PUBLIC COMMENTS
1. Non Agenda Public Comment 1_Redacted.pdf
2. Non Agenda Public Comment 1a.pdf
3. Non Agenda Public Comment 2.pdf
4. Non Agenda Public Comment 3_Redacted.pdf
Donald Ziegler
, Palm Desert resident, urged the City Council to consider installing backup power equipment for public facilities as outlined as a safety goal in the City's General Plan.
Brad Anderson
, Palm Desert resident, urged the City Council to consider allowing public comment at study sessions.
9. CONSENT CALENDAR
Motion by:
Mayor Pro Tem Harnik
Seconded by:
Councilmember Nestande
To approve the consent calendar as presented.
Motion Carried (5 to 0)
9.a
APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES
1. Post-Meeting Minutes - StudySession_Mar28_2024 - English.pdf
2. Post-Meeting Minutes - Palm Desert City Council - Regular Meeting_Mar28_2024 - English.pdf Approve the Minutes of March 28, 2024.
Motion Carried (5 to 0)
9.b
APPROVAL OF WARRANT REGISTERS
1. Check_Register_by_Bank_ID_and_Date_2024.03.20.pdf
2. Check_Register_by_Bank_ID_and_Date_2024.03.22.pdf
3. Check_Register_by_Bank_ID_and_Date_2024.03.25.pdf
4. Check_Register_by_Bank_ID_and_Date_2024.03.29.pdf
Approve the warrant registers issued for the period 3/20/2024 to 3/29/2024.
Motion Carried (5 to 0)
9.c
ADOPTION OF RESOLUTION NO. 2024-011 ADOPTING A POLICY FOR CEREMONIAL PROCLAMATIONS AND RECOGNITIONS
1. 2024 Proclamation Policy.pdf
2. 01 - Resolution.pdf
Adopt Resolution No. 2024-011 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR CEREMONIAL PROCLAMATIONS AND RECOGNITIONS AND RESCINDING RESOLUTION NO. 2022-25.” Motion Carried (5 to 0)
9.d
ACCEPTANCE OF A RESIGNATION FROM THE MARKETING COMMITTEE AND PARKS AND RECREATION COMMITTEE
1. BCC Resignations.pdf
2. 9d 2024-04-11 QA Memo.pdf
With regret, accept the resignation of Jan Hulahan from the Marketing Committee.
With regret, accept the resignation of Gerald Dawson from the Parks & Recreation Committee.
Motion Carried (5 to 0)
9.e
APPOINTMENTS TO THE BUILDING BOARD OF APPEALS
1. Building Board of Appeals Appointments.pdf
Appoint John Greenwood, Lindsey Holt, and Nicholas Latkovic to the Building Board of Appeals for terms ending June 30, 2024.
Motion Carried (5 to 0)
9.f
RATIFY LETTERS OF SUPPORT FOR THE CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, AND CITY OF INDIAN WELLS COMMUNITY PROJECT FUNDING REQUESTS
1. Legislative Letters - Indian Wells and CSUSB.pdf
2. 01 CSUSB - Letter of Support.pdf
3. 02 Indian Wells - Letter of Support.pdf
4. 03 Indian Wells - Letter of Support.pdf
Ratify issuance of a letter of support for the California State University, San Bernardino (CSUSB), Community Project Funding request for the Artificial Intelligence and Virtual Reality Research and Retraining Center and Nursing Street Medicine Program.
Ratify issuance of a letter of support for the City of Indian Wells’ Community Project Funding request to rebuilding the Emergency Operation Center.
Motion Carried (5 to 0)
9.g
REQUEST FOR ADOPTION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT EMPLOYEE ORGANIZATION EFFECTIVE MARCH 25, 2024, THROUGH JUNE 30, 2026
1. PDEO and City Agreement.pdf
2. SIGNED MOU_PT_Employee_Agreement.pdf
Approve the Memorandum of Understanding (MOU) between the City of Palm Desert and the Palm Desert Employee Organization (PDEO) effective March 25, 2024, through June 30, 2026.
Authorize the City Manager to take actions to implement the MOU between the City of Palm Desert and PDEO.
Motion Carried (5 to 0)
9.h
APPROVE A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND GLEN M. KAMMERER AND SHERILL R. KAMMERER FOR AN APPROXIMATELY 1.01-ACRE SITE ON MOUNTAIN VIEW, ASSESSOR’S PARCEL NO. 637-300-023
1. Approve a Purchase and Sale Agreement between Palm Desert and Kammerer for Parcel NO. 637-300-023.pdf
2. 01 Purchase and Sale Agreement and Escrow.pdf
3. 02 Prelim Cost Estimate .pdf
Approve
Purchase and Sale Agreement in substantial
form
for the acquisition of APN 637-300-023
.
Authorize the Director of Finance to
appropriat
e
$1,
64 0,
359
from undesignated General Fund
R
eserve
monies
to Account No. 1104159-4219100
for the Mountain View Flood Infrastructure Improvements Project.
Authorize the City Attorney to make any necessary nonmonetary changes to agreements.
Authorize the City Manager to execute all documents necessary to effectuate this action.
Motion Carried (5 to 0)
9.j
APPROVE AMENDMENT NO. 7 TO CONTRACT NO. C36620 WITH YMCA FOR MANAGEMENT OF THE PALM DESERT AQUATIC CENTER
1. Approve Amendment No. 7 to PDAC Management Contract.pdf
2. 01 Exhibit A - Scope of Work red-line.pdf
3. 02 C36620 Amendment No. 7.pdf
4. 03 C36620 - Executed Agreement.pdf
Approve Amendment No. 7 to update the scope of work for Contract No. C36620 with the Family Young Men’s Christian Association of the Desert (“YMCA”), of Palm Desert, California.
Authorize the City Attorney to make any necessary nonmonetary changes to the amendment.
Authorize the City Manager to execute Contract No. C36627, Amendment No. 7 to Contract No. C36620.
Motion Carried (5 to 0)
9.i
APPROVE CHANGE ORDERS/AMENDMENT TO CONTRACTS NO. C44620A-E FOR ON-CALL FACILITIES REPAIRS & IMPROVEMENTS IN THE AMOUNT OF $1,500,000 (PROJECT NO. MFA00009)
1. Approve Increase in Contract Amounts for Facilities Maintenance and Improvements.pdf
2. 01 C44620A CO 2.pdf
3. 02 C44620B Amendment No. 2.pdf
4. 03 C44620C CO 2.pdf
5. 04 C44620D CO 1.pdf
6. 05 C44620E CO 1.pdf
7. 9i 2024-04-11 QA Memo.pdf
City Manager Hileman provided a report and responded to City Council inquiries.
Motion by:
Councilmember Kelly
Seconded by:
Councilmember Trubee
Approve the increase of the annual aggregate amount to Contracts C44620A-E from $3,000,000 to $4,500,000 for On-call Facilities Repairs & Improvements.
Authorize the City Manager to review and approve up to two, one-year extensions per vendor contract for an aggregated amount not to exceed $4,500,000.
Authorize the City Manager or designee to review and approve change orders for unanticipated conditions per Section 3.30.170 Section A of Ordinance No. 1335.
Authorize the City Manager to execute the change orders and amendments.
Motion Carried (5 to 0)
10. ACTION CALENDAR
10.a
INTRODUCE ORDINANCE NO. 1410 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS AND MAKING FINDINGS UNDER CEQA
1. Purchasing Ordinance Update.pdf
2. 01 Draft Ordinance.pdf
3. 02 Ordinance Text - Redline.pdf
4. 10a 2024-04-11 QA Memo.pdf
5. 10a Purchasing Policy Update.pdf
Management Analyst Ortega narrated a PowerPoint presentation and responded to City Council inquiries.
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
Introduce Ordinance No. 1410 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPLACING CHAPTER 3.30 IN ITS ENTIRETY AND RESCINDING ORDINANCES NO. 224, 423, 586, 927, 928, 986, 1162, 1166, 1204, 1229, 1276, 1317, 1335 AND 1392 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS AND MAKING FINDINGS UNDER CEQA.” Motion Carried (5 to 0)
10.b
SECOND AMENDED AND RESTATED DDLA, RELATED RESOLUTIONS 2024-012 AND HA-120, LOANS OF $1,965,539 AND $4,789,461 FROM THE AUTHORITY, AND ACTIONS RELATED TO CONVEYANCE OF PARCELS APN 694-120-028 AND A PORTION OF 694-120-029 FOR AFFORDABLE HOUSING
1. Approve Second Amended Restated Disposition Development and Loan Agreement.pdf
2. 01 City Resolution - Palm Communities Second Amended and Restated DDLA.pdf
3. 02 Authority Resolution - Palm Communities Second Amended and Restated DDLA.pdf
4. 03 Second Amended and Restated DDLA - Palm Communities.pdf
5. 04 Second Amended and Restated DDLA - Exhibits - Palm Communities.pdf
6. 05 KMA Memorandum, (Palm Villas - Updated Financial Gap Analysis, dated 3272024).pdf
7. 10b 2024-04-11 QA Memo.pdf
Housing Manager Gonzales provided a staff report and responded to City Council inquiries.
Carlos Garcia
, Palm Desert resident, spoke in opposition to the developer of the project and the terms of the proposed loan.
Len Foster
, Palm Desert resident, expressed concerns about the developer of the project.
Stephen Nelson
, Palm Desert resident, spoke in opposition to the developer of the project and the terms of the proposed loan.
Dan Horn
, Palm Communities representative, thanked the City Council for their past support and spoke in support of his project.
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
City Council: Adopt Resolution No. 2024-012 entitled, “
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT , CALIFORNIA,
APPROVING A SECOND “AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM VILLAS AT MILLENIUM” AMONG THE CITY, AS SELLER, THE PALM DESERT HOUSING AUTHORITY, AS LENDER, AND PALM COMMUNITIES, A CALIFORNIA LIMITED COMPANY, AS PURCHASER/
BORROWER/
DEVELOPER, IN CONNECTION WITH APPROXIMATELY 10.49 ACRES OF PROPERTY OWNED BY THE CITY, AND TAKING RELATED ACTIONS .”
Housing Authority: Adopt Resolution No. HA-120 entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY APPROVING A SECOND “AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM VILLAS AT MILLENIUM” AMONG THE AUTHORITY, AS LENDER, THE CITY OF PALM DESERT, AS SELLER, AND PALM COMMUNITIES, A CALIFORNIA LIMITED COMPANY, AS PURCHASER/ BORROWER/ DEVELOPER, IN CONNECTION WITH APPROXIMATELY 10.49 ACRES OF PROPERTY OWNED BY THE CITY, APPROPRIATING FUNDS IN CONNECTION THEREWITH, AND TAKING RELATED ACTIONS.” Authorize the Authority to
make two loans to
the Developer for
the purchase of the Property and construction of the Project ($1,965,539 for Phase I and $4,789,461 for Phase II) ,
to be repaid from a percentage of residual receipts (i.e .,
net income) from the Project over the term of the loan
s
, with any accrued interest and unpaid principal coming due 55 years from the completion of the Project, with such loan s
being secured by a subordinate deed of trust on the Project.
Authorize the Director of Finance to appropriate
$6,755,000
from Unobligated Housing Asset Fund balance to the appropriate budget line item.
Authorize
the
Director
of
Finance
to
designate
th
e proceeds
of
the
sale of the
City-owned
property
for
the
purpose of future affordable housing.
Authorize Mayor/Chairman,
staff,
and
legal
counsel to
negotiate,
execute and
record agreements and
necessary
documents to
effectuate the
resolutions, including
the
conveyance of
the
Property,
the
funding
commitments,
and
related
actions
for
the
Project
as
set
forth
in
the
Second
Amended
and Restated DDLA.
NOES (1)
Mayor Quintanilla
Motion Carried (4 to 1)
10.c
ADOPT THE PALM DESERT BROADBAND FEASIBILITY AND MASTER PLAN STUDY AND APPROVE RELATED AMENDMENT
1. Broadband Feasibility and Master Plan Study Adoption DL from Escribe.pdf
2. 01 Broadband Feasibility and Master Plan Study.pdf
3. 02 Middle Mile Network Map.pdf
4. 03 Change Order 2 RFP and Grant Applications.pdf
5. 04 Contract Amendment 10 Agreement.pdf
6. 10c Broadband Study Adoption PPT.pdf
7. 10c 2024-04-11 QA Memo.pdf
Economic Development Coordinator Glickman narrated a PowerPoint presentation and responded to City Council inquiries. HR Green representative Ken Demlow provided additional information regarding the Study.
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
Adopt the Palm Desert Broadband Feasibility and Master Plan Study.
Approve Amendment 10 to Contract No. C41690 with HR Green in the amount of $19,884 for management of Request for Proposals (RFP) and grant processes related to broadband.
Direct staff to pursue grant funding for implementation of the adopted Broadband Master Plan.
Direct staff to release a Request for Proposals (RFP) to identify any partner agencies to execute the adopted Broadband Master Plan Study and middle-mile network.
Motion Carried (5 to 0)
10.d
ADOPTION OF RESOLUTION NO. 2024-013 ESTABLISHING PROCEDURES FOR THE APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM
1. Mayor and MPT Appointment Policy - Seniority.pdf
2. 01 Resolution - Seniority Based.pdf
3. 2024-04-11 Mayor and MPT Rotation.pdf
4. 10d 2024-04-11 QA Memo.pdf
City Clerk Mejia narrated a PowerPoint presentation and responded to City Council inquiries.
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING PROCEDURES FOR THE APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM AND RESCINDING RESOLUTION NO. 2021-61”, as amended.
Motion Carried (5 to 0)
11. PUBLIC HEARINGS
11.a
INTRODUCTION OF ORDINANCE NO. 1411 TO ADOPT A ZONING ORDINANCE AMENDMENT TO IMPLEMENT RESIDENTIAL AND MIXED-USE OBJECTIVE DESIGN STANDARDS AND MAKING A FINDING OF EXEMPTION UNDER CEQA
1. Residential and Mixed-Use Objective Design Standards - Revision.pdf
2. 01 Draft Ordinance(1).pdf
3. 02 April 2, 2024 - Planning Commission Staff Report.pdf
4. 03 Draft Planning Commission Resolution No. 2863.pdf
5. 04 March 29, 2024 - Planning Commission Errata Sheet.pdf
6. 05 March 2024 Palm Desert Multifamily and Mixed-Use Objective Design Standards Document.pdf
7. 06 Public Hearing Notice.pdf
8. 11a Public Comment.pdf
9. 11a ODS Presentation.pdf
Mayor Quintanilla opened the public hearing.
Principal Planner Melloni narrated a PowerPoint presentation and responded to City Council inquiries.
Donald Ziegler
, Palm Desert resident, urged the City Council to consider the electrical power options associated with this project.
Mayor Quintanilla closed the public hearing, there being no other member of the public wishing to speak.
Motion by:
Councilmember Kelly
Seconded by:
Councilmember Nestande
Introduce Ordinance No. 1411 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE PALM DESERT MUNICIPAL CODE TO ADD CHAPTER 25.42 – MULTIFAMILY AND MIXED-USE OBJECTIVE DESIGN STANDARDS AND AMENDING OTHER CHAPTERS OF THE ZONING ORDINANCE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA” Motion Carried (5 to 0)
12. INFORMATION ITEMS
13. ADJOURNMENT
The City Council adjourned at 5:49 p.m.
14. PUBLIC NOTICES