Palm Desert City Council - Regular Meeting - April 25, 2024
1. CALL TO ORDER - CLOSED SESSION - 3:45 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 first page of this agenda.
3. RECESS TO CLOSED SESSION
4. CLOSED SESSION AGENDA
The following items will be considered in closed session:
4.a
Closed Session Meeting Minutes: March 28, 2024
Public Comments:
4.b
Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 Public Comments:
4.b.1
Property Description: Vacant lot west of Painter's Path, South of Fred Waring (APN 640-091-010) Public Comments:
5. ROLL CALL - REGULAR MEETING - 4:00 P.M.
6. PLEDGE OF ALLEGIANCE
Councilmember Nestande
7. INSPIRATION
Councilmember Trubee
8. REPORT OF CLOSED SESSION
City Attorney Shah
9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
9.a
RECOGNITION: GERALD DAWSON, PARKS AND RECREATION COMMITTEE
9.b
PRESENTATION: WILDFLOWER FESTIVAL UPDATE
1. CVWF2024_Wrap-up.pdf
10. CITY MANAGER COMMENTS
10.a
TOWN HALL MEETINGS
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 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:
To approve the consent calendar as presented.
13.a
APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES
1. Post-Meeting Minutes - StudySession_Apr11_2024 - English.pdf
2. Post-Meeting Minutes - Palm Desert City Council - Regular Meeting_Apr11_2024 - English.pdf RECOMMENDATION:
Approve the Minutes of April 11, 2024.
13.b
APPROVAL OF WARRANT REGISTERS
1. Check_Register_by_Bank_ID_and_Date_2024.04.12.pdf
RECOMMENDATION:
Approve the warrant registers issued for April 12, 2024.
13.c
RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES
1. ABC Routing Memo - Palm Valley CC - 4.15.2024.pdf
2. ABC Routing Memo - Monterey CC - 4.15.2024.pdf
3. ABC Routing Memo - Mojave Resort - 4.15.2024.pdf
RECOMMENDATION:
Receive and file applications for alcoholic beverage licenses for:
Palm Valley Country Club 76200 Country Club Dr., Palm Desert, California 92211 Monterey Country Club 41500 Monterey Ave., Palm Desert, California 92260-2173 Mojave Resort 73721 Shadow Mountain Drive, Palm Desert, California 92260-4841
13.d
ADOPTION OF ORDINANCE NO. 1410 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS AND MAKING FINDINGS UNDER CEQA
1. 2nd Reading of Ordinance 1410.pdf
2. Ordinance 1410.pdf
RECOMMENDATION:
Adopt 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.”
13.e
ADOPTION 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. 2nd Reading of Ordinance 1411.pdf
2. Ordinance 1411.pdf
RECOMMENDATION:
Adopt Ordinance No. 1411 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT OF THE PALM DESERT MUNICIPAL CODE TO ADD CHAPTER 25.42 – MULTIFAMILY AND MIXED-USE OBJECTIVE DESIGN STANDARDS, AMENDING OTHER CHAPTERS OF TITLE 25 TO IMPLEMENT CITY-WIDE MULTIFAMILY AND MIXED-USE RESIENTIAL OBJECTIVE DESIGN STANDARDS AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CASE NO. ZOA24-0001”
13.f
RATIFY A LETTER OF SUPPORT FOR ASSEMBLY BILL 2485: RHNA TRANSPARENCY REFORM ACT
1. Support Letter - AB 2485 RHNA.pdf
2. 01 Letter of Support AB 2485.pdf
3. 02 AB 2485 Fact Sheet.pdf
RECOMMENDATION:
Ratify issuance of a letter of support for Assembly Bill 2485: Regional Housing Needs Assessment (RHNA) Transparency Reform Act.
13.g
RESOLUTION TO AUTHORIZE DESTRUCTION OF OBSOLETE RECORDS FROM THE CITY CLERK AND CITY MANAGER DIVISIONS
1. City Clerk Destruction of Records Resolution.pdf
2. 01 Resolution.pdf
3. 02 Resolution - Exhibit A.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 CITY CLERK AND CITY MANAGER DIVISIONS, AS INDICATED ON THE RECORDS RETENTION SCHEDULE (ADOPTED DECEMBER 15, 2022) RECORDS FROM 2005 THROUGH 2020"
13.h
ACCEPT CONTRACT NO. C45010 AS COMPLETE FOR THE BRIDGE PREVENTATIVE MAINTENANCE PROGRAM (PROJECT NO. MFA00007)
1. NOC for Bridge Preventative Maintenance Program (Project MFA00007).pdf
2. 01 Notice of Completion.pdf
3. 02 Exhibit 1-A.pdf
RECOMMENDATION:
Accept Contract C45010 with MLC Constructors, Inc., of Corona, California, for the Bridge Preventative Maintenance Program as complete. (Project MFA00007) Authorize the Mayor to execute and the City Clerk to file the Notice of Completion.
13.i
ACCEPT CONTRACT NO. C45210 AS COMPLETE FOR THE FISCAL YEAR 2022/23 CATCH BASIN AND DRAIN CLEANING PROJECT (PROJECT NO. CDR00002)
1. NOC for FY 23 Catch Basin and Drain Cleaning Project (Project CDR00002).pdf
2. 01 Notice of Completion(1).pdf
3. 02 Exhibit 1-A(1).pdf
RECOMMENDATION:
Accept Contract No. C45210 with United Storm Water, Inc., of City of Industry, California, for the Fiscal Year 2022/23 Catch Basin and Drain Cleaning Project as complete. (Project No. CDR00002) Authorize the Mayor to execute and the City Clerk to file the Notice of Completion.
13.j
RECEIVE AND FILE UPDATE ON COMMUNITY HEROES MURAL
1. Update on Community Heroes Mural.pdf
2. 01 Call for Artists Community Mural Oct 2023.pdf
3. 02 Community Heroes Mural by Trinity Rivard Final Design.pdf
4. 03 Community Heroes Mural Location.pdf
RECOMMENDATION:
Receive and file update on
Community Heroes
mural to be installed at the City’s Corporate Yard.
13.k
RELEASE THE GRADING BOND FOR THE MILLENNIUM APARTMENTS PROJECT
1. Release Grading Bond for the Millennium Apartments Project.pdf
2. 1. Grading Agreement and Bond .pdf
3. 2. Millennium Apartments Vicinity Map.pdf
RECOMMENDATION:
Release the Grading Bond for the Millennium Apartments Project in the full amount of $189,393.50.
13.l
AUTHORIZE AND AWARD TKE ENGINEERING, INC., AS AN ADDITIONAL CONSULTANT TO THE ON-CALL CONSTRUCTION MANAGEMENT CONTRACT IN AN AGGREGATE AMOUNT NOT TO EXCEED $11,739,394
1. Authorize and Award TKE Engineering, Inc. as a On-Call CM Vendor.pdf
2. 01 TKE Engineering Proposal.pdf
3. 02 TKE Engineering CM Contract.pdf
RECOMMENDATION:
Authorize and award TKE Engineering, Inc., as an additional consultant to the On-Call Construction Management Contract in an aggregate amount not to exceed $11,739,394.
Authorize the City Manager to execute said agreements and subsequent task orders.
Direct the City Attorney, Director of Finance, and Director of Public Works/Capital Projects to review annual expenditures and performance of the vendors under said Agreement.
13.m
RATIFY CHANGE ORDER NO. 1 TO CONTRACT NO. C46150 WITH THE VAN DYKE CORPORATION FOR HILARY STORM REPAIRS IN THE AMOUNT NOT TO EXCEED $609,760
1. Ratify Change Order 1 for Contract No. C46150 with The Van Dyke Corporation for Hillary Storm Repairs.pdf
2. 01 The Van Dyke Corporation Change Order 1.pdf
RECOMMENDATION:
Ratify Change Order No. 1 to Contract No. C46150 with the Van Dyke Corporation for Hilary Storm Repairs in an amount not to exceed $609,760.
Authorize the Director of Finance to set aside a contingency in an amount not to exceed $30,488.
Authorize the City Manager to review and approve written requests for the use of contingency per Section 3.30.170 B of the Palm Desert Municipal Code.
Authorize City Manager to execute the change order and any documents necessary to effectuate the actions taken herewith.
13.n
AWARD A CONTRACT TO WESTERN STATE BUILDERS FOR PALMA VILLAGE PARK IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $381,437 (PROJECT NO. MPK00007)
1. Award Contract to Western State Builders for Palma Village Park Improvements.pdf
2. 01 Proposal - Western State Builders Inc.pdf
3. 02 Long-Form Construction Agreement WSB.pdf
4. 03 Payment_and_Performance_Bonds.pdf
5. 04 Plans.pdf
RECOMMENDATION:
Waive any minor proposal irregularities and award a contract to Western State Builders, Inc., of Escondido, California, in an amount not to exceed $381,437 to construct improvements at Palma Village Park.
Authorize the Director of Finance to set aside $78,000 in contingency for unforeseen circumstances.
Appropriate $176,000 to CDBG Account No. 2204649-4400100, Palm Village Park Capital Project.
Authorize the City Manager to review and approve change orders for any unforeseen circumstances per Palm Desert Municipal Code Section 3.30.170.
Authorize the City Attorney to make any necessary, non-monetary changes to the Agreement.
Authorize the City Manager to execute said agreement and contract amendments as needed to complete said work.
13.o
APPROVE FISCAL YEAR 2024/25 WORK PLAN FOR THE CULTURAL RESOURCE PRESERVATION COMMITTEE
1. CRPC Workplan FY 24-25.pdf
2. 01 March 27, 2024 CRPC Staff Report.pdf
RECOMMENDATION:
Approve the Fiscal Year 2024/25 Annual Work Plan for the Cultural Resources Preservation Committee.
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 first page of the agenda.
14.a
INTRODUCE AN ORDINANCE ADDING CHAPTER 9.71 TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS
1. Introduction of Ordinance regarding Catalytic Converter.pdf
2. 01 Ordinance - Unlawful Possession of Catalytic Converter.pdf
3. 02 Catalytic Converter Ordinance April 25.2024.pdf
4. 03 Catalytic Converters - Public Comment.pdf
5. 04 Catalytic Converters - Revised Presentation.pdf
RECOMMENDATION:
Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.71 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.”
14.b
REQUEST FOR OUT-OF-STATE TRAVEL FOR MAYOR QUINTANILLA TO ATTEND THE NALEO ANNUAL CONFERENCE IN LAS VEGAS, NEVADA
1. Out of State Travel, 2024 NALEO Conference.pdf
2. 01 NALEO Travel Request Form and Request Letter.pdf
3. 02 Senator Padilla Letter.pdf
4. 03 NALEO Agenda.pdf
5. 04 NALEO Registration and Hotel.pdf
6. 05 2024-04-25 QA Memo.pdf
RECOMMENDATION:
Authorize out-of-state travel for Mayor Quintanilla to attend the National Association of Latino Elected and Appointed Officials (NALEO) Annual Conference held on June 17-20, 2024, in Las Vegas, Nevada.
14.c
ADOPT THE PALM DESERT RAIL STATION FEASIBILITY STUDY
1. ADOPT THE PALM DESERT RAIL STATION FEASIBILITY STUDY .pdf
2. Palm Desert Rail Feasibility Study.pdf
3. Palm Desert Station Feasibility presentation.pdf
4. 2024-04-25 QA Memo 02.pdf
5. Appendix B.pdf
RECOMMENDATION:
Adopt the Palm Desert Rail Station Feasibility Study.
Direct staff to submit the study to Riverside County Transportation Commission (RCTC) for their consideration to include in the Tier 2 study.
14.d
INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL, AMENDING CHAPTER 2.74 OF THE PALM DESERT MUNICIPAL CODE TO ESTABLISH A PALM DESERT LIBRARY BOARD OF TRUSTEES AND LIBRARY ADVISORY COMMITTEE AND MAKING A FINDING OF EXEMPTION UNDER CEQA
1. Ordinance - Establish Library Board and Advisory Committee.pdf
2. 01 Ordinance - Library Board and Committee.pdf
3. 02 Presentation - Library Board and Committee Ordinance.pdf RECOMMENDATION:
Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.74 OF THE PALM DESERT MUNICIPAL CODE TO ESTABLISH A LIBRARY BOARD OF TRUSTEES AND LIBRARY ADVISORY COMMITTEE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA.”
14.e
APPROVE RECOMMENDATIONS FOR UNIVERSITY DOG PARK PARKING AND EL PASEO MID-BLOCK CROSSWALKS
1. Approve University Dog Park Parking and El Paseo Crosswalks.pdf
2. Presentation - Dog Park and El Paseo Raised Crosswalks.pdf
3. 14e QA Memo.pdf
RECOMMENDATION:
Approve additional street parking and a standard crosswalk with a Rectangular Rapid Flashing Beacon (RRFB) system on University Park Drive.
Approve the replacement of three RRFB systems at mid-block crosswalks on El Paseo and Larkspur Lane.
Approve two new mid-block crosswalks with RRFB systems on El Paseo.
Approve asphalt finish with decorative art on all five mid-block crosswalks.
Authorize the removal of multi-colored decorative crosswalk painting.
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 first page of this agenda.
15.a
CONSIDER MAKING A FINDING OF EXEMPTION UNDER CEQA AND APPROVE A STREET VACATION OF AN 8,582 SQUARE FOOT PORTION OF SHADOW LAKE DRIVE IN FAVOR OF A PROPERTY AT 73745 SHADOW LAKE DRIVE
1. ST23-0008 Shadow Lake Vacation PH.pdf
2. 01 City Council Resolution.pdf
3. 02 Street Vacation Plans (Ex A and B).pdf
4. 03 Public Hearing Notice.pdf
5. 05 QA Memo.pdf
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING A FINDING OF EXEMPTION UNDER CEQA AND APPROVING A PROPOSED STREET VACATION OF AN 8,582 SQUARE FOOT PORTION OF SHADOW LAKE DRIVE IN FAVOR OF A PROPERTY AT 73745 SHADOW LAKE DRIVE IS CONSISTENT WITH THE CITY OF PALM DESERT GENERAL PLAN (APNS: 627-342-001).”
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, CMC
Assistant City Clerk