Palm Desert City Council - Regular Meeting - May 23, 2024
1. CALL TO ORDER - 4:00 P.M.
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
Mayor Quintanilla
4. INSPIRATION
Mayor Pro Tem Harnik
5. AWARDS, PRESENTATIONS, AND APPOINTMENTS
5.a
UPDATE: LIFT TO RISE 2024-26 ACTION PLAN
1. 5a Lift to Rise Presentation.pdf
2. Lift To Rise Support Letter.pdf
5.b
PRESENTATION: PALM SPRINGS AIR MUSEUM EDUCATION PROGRAM
1. 01 Palm Springs Air Museum.pdf
5.c
PROCLAMATION: NATIONAL PUBLIC WORKS WEEK
1. 5c Public Works Week Presentation.pdf
6. CITY MANAGER COMMENTS
7. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
8. NONAGENDA PUBLIC COMMENTS
1. 08 Non Agenda Public Comment.pdf
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.
9. 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.
9.a
APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES
1. Post-Meeting Minutes - StudySession_May06_2024 - English.pdf
2. Post-Meeting Minutes - StudySession_May07_2024 - English.pdf
3. Post-Meeting Minutes - StudySession_May09_2024 - English.pdf
4. Post-Meeting Minutes - Palm Desert City Council - Regular Meeting_May09_2024 - English.pdf RECOMMENDATION:
Approve the Minutes of May 6, 7, and 9, 2024.
9.b
APPROVAL OF WARRANT REGISTERS
1. 1 Check_Register_by_Bank_ID_and_Date_-_Wire_Dec2023.pdf
2. 2 Check_Register_by_Bank_ID_and_Date_-_Wire_Jan2024.pdf
3. 3 Check_Register_by_Bank_ID_and_Date_-_Wire_Feb2024.pdf
4. 4 Check_Register_by_Bank_ID_and_Date_-_Wire_Mar2024.pdf
5. 5 Check_Register_by_Bank_ID_and_Date_2024.05.02_W1_W3.pdf
6. 6 Check_Register_by_Bank_ID_and_Date_2024.05.09_W1_W3.pdf
7. 7 Check_Register_by_Bank_ID_and_Date_2024.05.13.pdf
RECOMMENDATION:
Approve various warrant registers issued during the period of December 2023 through May 2024.
9.c
RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES
1. ABC Routing Memo - Total Wine and More.pdf
2. ABC Routing Memo - Blaze Pizza.pdf
RECOMMENDATION:
Receive and file application for alcoholic beverage licenses for:
1. California Fine Wine & Spirits, LLC (Total Wine & More) 72339 HWY 111 #339, Palm Desert
2. DDM Pizzeria Two, Inc (Blaze Pizza) 73393 HWY 111 Ste 2, Palm Desert
9.d
ADOPTION OF ORDINANCE NO. 1414 ADDING SECTION 2.38.070 TO THE PALM DESERT MUNICIPAL CODE TO ALLOW FOR THE ELECTRONIC OR PAPER FILING OF CAMPAIGN FINANCE DISCLOSURE STATEMENTS
1. 2nd Reading Ord 1414.pdf
2. Ordinance No. 1414.pdf
RECOMMENDATION:
Adopt Ordinance No. 1414 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 2.38.070 TO THE PALM DESERT MUNICIPAL CODE APPROVING ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN FINANCE DISCLOSURE STATEMENTS.”
9.e
DECLARATION OF SURPLUS PROPERTY AND AUTHORIZATION OF DISPOSAL
1. 2023-24 Surplus Equipment Disposal.pdf
2. 01 2023-2024 Surplus Equipment.pdf
RECOMMENDATION:
Declare the items listed on Attachment 1 of the staff report as surplus property and authorize disposal as appropriate.
9.f
APPROVAL OF THE VISIT GREATER PALM SPRINGS SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT
1. APPROVAL OF THE VISIT GREATER PALM SPRINGS SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT.pdf
2. 01 Redlined Second Amended JPA Agreement.pdf
3. 02 2nd Amended and Restated Agreement (SBEMP).pdf
4. 03 Resolution No. JPA 2024-003 Executive Committee Resolution.pdf RECOMMENDATION:
Approve and accept the updates to the Second Amended and Restated Joint Powers Agreement (JPA) for Visit Greater Palm Springs (VGPS).
Authorize the Mayor and City Manager to execute all necessary documents to effectuate this action.
9.g
APPROVE AMENDMENT NO. 3 TO CONTRACT NO. C41380 WITH KIMLEY-HORN AND ASSOCIATES, INC., OF INDIAN WELLS, CALIFORNIA, IN THE AMOUNT OF $310,000 FOR TRAFFIC ASSESSMENTS AND DESIGNS
1. Approve Amendment No. 3 to Kimley-Horn Contract C41380.pdf
2. 01 C41380 Amendment No 3.pdf
3. 02 Exhibit A - Scope of Services.pdf
RECOMMENDATION:
Approve Amendment No. 3 to Contract No. C41380 with Kimley-Horn and Associates, Inc., of Indian Wells, California, for additional traffic engineering and design services in an amount not to exceed $310,000.
Authorize the City Attorney to make any necessary non-monetary changes to the amendment.
Authorize the City Manager or designee to execute the amendment and to review and approve written contract amendment requests per Section 3.30.170 of the Palm Desert Municipal Code for unforeseen circumstances.
9.h
AWARD CONTRACT TO GAMETIME IN THE AMOUNT OF $157,490 FOR IMPROVEMENTS AT CIVIC CENTER DOG PARK (PROJECT NO. CFA00011)
1. Approve Contract with GameTime for Dog Park Improvements .pdf
2. 01 GameTime Proposal.pdf
3. 02 Short Form Construction Agreement.pdf
4. 03 Performance and Payment Bonds.pdf
RECOMMENDATION:
Waive any minor proposal irregularities and award a contract to Playcore Wisconsin, Inc., dba GameTime of Fort Payne, Alabama, in an amount not to exceed $157,490 for improvements at Civic Center Dog Park.
Authorize the Director of Finance to set aside a contingency in the amount of $20,000 for unforeseen circumstances.
Authorize the City Manager to review and approve change orders for any unforeseen circumstances per Section 3.30.170 of Ordinance No. 1392.
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.
9.i
APPROVE CIVIC ENGAGEMENT COMMITTEE FISCAL YEAR 2024-2025 WORK PLAN
1. Civic Engagement Committee Work Plan 2024-2025.pdf
2. 9i 2024-05-23 QA Memo.pdf
RECOMMENDATION:
Approve the Civic Engagement Committee’s Fiscal Year 2024/2025 Work Plan.
9.j
ADOPT HOUSING AUTHORITY RESOLUTION ESTABLISHING DATES FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING COMMISSION DURING FISCAL YEAR 2024/2025
1. HA SR Adopt HA Resolution to Establish Housing Commission Regular Meeting Schedule FYE 2025.pdf
2. 01 HA Resolution - Regular Meeting Schedule.pdf
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY, SETTING THE SCHEDULE FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING COMMISSION IN FISCAL YEAR 2024/2025.”
9.k
AUTHORIZE AN AGREEMENT WITH GARLAND/DBS, INC., FOR ROOF REPAIRS AND RELATED SERVICES AS PART OF THEIR “DRY ZONE” PROGRAM BASED ON THE NATIONAL COOPERATIVE AGREEMENT WITH OMNIA PARTNERS, INC.
1. HA SR Approve the Use of and Enter into an Agreement with Garland, Inc. for On Call Roof Repairs at PDHA Properties.pdf
2. 1. OMNIA Participation Letter- Garland.pdf
3. 2. Maintenance Service Agreement.pdf
4. 9k 2024-05-23 QA Memo.pdf
RECOMMENDATION:
Authorize the use of Garland/DBS, Inc., for roof repairs and related services as part of their “Dry Zone” program pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code for Fiscal Year 2024/25 in an annual amount not to exceed $75,000 per fiscal year. Each occurrence shall not exceed $3,500 per occurrence without written approval of the Authority’s Representative or designee.
Approve the agreement with Garland/DBS for a term of three (3) years under the Omnia Partners, Inc., national cooperative agreement R230401 with an option to renew the contract annually for no more than two (2) additional one-year terms.
Authorize the Executive Director, or his designee, to take any necessary actions to facilitate execution of agreement with Garland/DBS, Inc., and execute any documents necessary to effectuate the actions taken herewith.
9.l
ACCEPTANCE OF A RESIGNATION FROM THE RESOURCE PRESERVATION AND ENHANCEMENT COMMITTEE
1. Acceptance of a Resignation from the Resource Preservation and Enhancement Committee.pdf RECOMMENDATION:
With regret, accept the resignation of Melinda Mason from the Resource Preservation and Enhancement Committee.
9.m
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 2024/25
1. HA SR Authorize the Use of Quill and Waxie for PDHA for FYE 2025.pdf
2. 1. Participation Letter-Quill.pdf
3. 2. Participation Letter-Waxie.pdf
RECOMMENDATION:
Authorize the use of Quill, LLC, for the reoccurring purchase of office supplies for the management of the Housing Authority properties, by property management, pursuant to Section 3.30.160 (E) of the Palm Desert Municipal Code in an amount not to exceed $58,600 or Fiscal Year 2024/25.
Authorize the use of National Services Company dba Waxie Sanitary Supply for the reoccurring purchase of janitorial and sanitary supplies for the Housing Authority properties, by property management, pursuant to Section 3.30.160 (E) of the Palm Desert Municipal Code in an amount not to exceed $36,100 for Fiscal Year 2024/25.
9.n
AUTHORIZE THE USE OF LOWE’S HOME CENTERS, INC., HOME DEPOT U.S.A., INC., HD SUPPLY FACILITIES MAINTENANCE, AND SHERWIN WILLIAMS FOR PURCHASE OF MATERIALS, SUPPLIES, PAINT AND APPLIANCES FOR PALM DESERT HOUSING AUTHORITY PROPERTIES FOR FISCAL YEAR 2024/25
1. HA SR Authorize Use of Lowe's, Home Depot, HD Supply, and Sherwin Williams by PDHA Properties for FYE 2025.pdf
2. 1. OMNIA Participation Letter-Lowes.pdf
3. 2. OMNIA Participation Letter-Home Depot.pdf
4. 3. OMNIA Participation Letter-HD Supply.pdf
5. 4. OMNIA Participation Letter-Sherwin Williams.pdf
RECOMMENDATION:
Authorize the use of Lowe’s Home Centers, Inc., for the reoccurring purchase of materials, supplies, and appliances, by property management, pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code for FY 2024/2025 in an amount not to exceed $230,000.
Authorize the use of Home Depot U.S.A., Inc. for the reoccurring purchase of materials and supplies, by property management, pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code for FY 2024/2025 in an amount not to exceed $60,000.
Authorize the use of HD Supply Facilities Maintenance for the reoccurring purchase of materials and supplies, by property management, pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code for FY 2024/2025 in an amount not to exceed $320,000.
Authorize the use of The Sherwin-Williams Company for the reoccurring purchase of paint and supplies, by property management, pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code for FY 2024/2025 in an amount not to exceed $80,000.
Authorize the disposal and recycling of inefficient, damaged, obsolete, and non-functioning appliances as appropriate in accordance with Environmental Protection Agency (“EPA”) standards and declare as surplus at the time of removal from the properties.
9.o
RATIFY A LETTER OF SUPPORT FOR THE UNIVERSITY OF CALIFORNIA, RIVERSIDE, 2024/25 CONGRESSIONAL COMMUNITY PROJECT FUNDING REQUEST FOR A CRITICAL MINERALS CHARACTERIZATION LABORATORY AT THE PALM DESERT CAMPUS
1. Letter of Support - UCR Critical Minerals Laboratory.pdf
2. 01 Letter of Support - UCR Critical Minerals Laboratory .pdf RECOMMENDATION:
Ratify a letter of support for the University of California, Riverside, 2024/25 Congressional Community Project Funding Request for a Critical Minerals Characterization Laboratory at the Palm Desert Campus.
9.p
RATIFY LETTERS OF OPPOSITION TO SENATE BILL 1037 (WIENER), PLANNING AND ZONING: HOUSING ELEMENT: ENFORCEMENT; and ASSEMBLY BILL 1886 (ALVAREZ), HOUSING ELEMENT LAW: SUBSTANTIAL COMPLIANCE: HOUSING ACCOUNTABILITY ACT
1. Letters of Opposition - SB 1037 and AB 1886.pdf
2. 01 Letter of Opposition - SB 1037 (Wiener).pdf
3. 02 Letter of Opposition - AB 1886 (Alvarez).pdf
RECOMMENDATION:
Ratify a letter of opposition to Senate Bill 1037 (Wiener), Planning and Zoning: Housing Element: Enforcement.
Ratify a letter of opposition to Assembly Bill 1886 (Alvarez), Housing Element Law: Substantial Compliance: Housing Accountability Act.
9.q
RATIFY LETTERS OF SUPPORT FOR COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FUNDING REQUESTS UNDER THE EXTREME HEAT AND COMMUNITY RESILIENCE PROGRAM
1. Letters of Support - CVAG Projects.pdf
2. 01 Letter of Support - CV Cool Asphalt and Shading Plan.pdf
3. 02 Letter of Support - CV Link Mobile Hydration.pdf
4. 9q 2024-05-23 QA Memo.pdf
RECOMMENDATION:
Ratify a letter of support for the Coachella Valley Association of Governments (CVAG) Cool Asphalt and Shading Plan and CV Link Mobile Hydration Initiative funding requests to the Governor’s Office of Planning and Research.
9.r
AUTHORIZE OUT-OF-STATE TRAVEL FOR CITY MANAGER TO ATTEND INTERNATIONAL COUNCIL OF SHOPPING CENTERS IN LAS VEGAS, NEVADA
1. Out-of-State Travel for City Manager to attend ICSC.pdf
2. 9r 2024-05-23 QA Memo.pdf
RECOMMENDATION:
Authorize out-of-state travel for the City Manager to attend the International Council of Shopping Centers on May 18 through May 20, 2024, in Las Vegas, Nevada.
9.s
AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 3 TO EXCEL LANDSCAPE, INC., CORONA, CALIFORNIA, IN THE ANNUAL AMOUNT OF $418,680 PLUS EXTRA WORK AND SERVICES FOR AN ANNUAL AMOUNT NOT TO EXCEED $85,000 (PROJECT NO. MLS00010) (CC, HA)
1. Approve Contract with Excel Landscape for LMA 3.pdf
2. 01 Proposal - Excel Landscape Inc.pdf
3. 02 Agreement.pdf
4. 03 Performance and Payment Bonds(1).pdf
RECOMMENDATION:
Award a Contract for Landscape Maintenance Area No. 3 (LMA 3) to Excel Landscape, Inc., of Corona, CA, in the annual amount of $418,680.
Authorize extra work and services in an annual amount not to exceed $85,000.
Authorize the Executive Director or designee to review and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code.
Authorize the Executive Director to execute the said agreement.
9.t
APPROVE CONTRACT WITH AMERICAN ASPHALT SOUTH, INC., FOR THE CV LINK ENHANCEMENTS AND SLURRY SEAL PROJECT (PROJECT CST00021)
1. Award CV Link Enhancements and Slurry Seal Project.pdf
2. 01 Contract Agreement and Bonds.pdf
3. 02 Contractor's Proposal.pdf
4. 03 Vicinity Map.pdf
5. 9t 2024-05-23 QA Memo.pdf
RECOMMENDATION:
Approve Contract No. C47160 in the amount of $3,048,952.10 to American Asphalt South, Inc., of Riverside, CA, for the CV Link Enhancements and Slurry Seal Project (Project No. CST00021).
Authorize the Director of Finance to set aside a contingency in the amount of $305,000.
Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
Authorize the City Manager to execute the agreement.
Authorize the City Manager to review and approve written requests for the use of contingency per Section 3.30.170B of the Palm Desert Municipal Code.
Authorize the Mayor to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project.
10. 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.
10.a
REQUEST FOR DIRECTION ON THE DINING DECK PROGRAM AND EL PASEO IMPROVEMENT SCHEDULE AND ESTABLISH A LICENSE AGREEMENT FOR USE OF THE RIGHT-OF-WAY
1. Provide direction on the Dining Deck program and El Paseo street improvements .pdf
2. Dining Decks emails_Redacted.pdf
3. 10a Dining Deck Presentation.pdf
4. 10a Dining Decks Public Comment.pdf
5. 10a 2024-05-23 QA Memo.pdf
6. 10a 2024-05-23 QA Memo 02.pdf
RECOMMENDATION:
Separate the El Paseo Street Rehabilitation project into two separate projects to take place over two consecutive summers beginning Summer 2024.
Allow El Paseo dining deck operators to maintain current operations through May 2025 subject to approval of an annual temporary use permit with removal of the dining decks prior to Phase Two of the El Paseo Street Rehabilitation project.
Establish a License Agreement for dining deck use of the public right-of-way.
Provide direction on enforcement of design guidelines.
10.b
REQUEST FOR DIRECTION ON PROJECT CST00002 WALK AND ROLL PD (PHASE 3)
1. Request for Direction - Walk and Roll Phase 3.pdf
2. 01 ATP Letter - April 2024 Meetings .pdf
3. 10b Walk and Roll PD Phase 3.pdf
4. 10b Walk n Roll Public Comment.pdf
5. 10b 2024-05-23 QA Memo.pdf
RECOMMENDATION:
Provide direction on Project CST00002 – Walk and Roll PD (Phase 3) scope of work and approve staff recommendations as outlined in the staff report.
10.c
REQUEST FOR DIRECTION ON THE PALM DESERT COMMUNITY GALLERY
1. Request for Direction on the Palm Desert Community Gallery .pdf
2. 01 Photo - Richen.pdf
3. 02 Photo - Richen.pdf
4. 03 Photo - Richen.pdf
RECOMMENDATION:
Provide staff with direction on the Palm Desert Community Gallery located in the North Wing Building at Palm Desert City Hall.
10.d
APPROVE A TWO-YEAR EXTENSION TO THE PALM DESERT POET LAUREATE AGREEMENT
1. Approve Two (2) Year Extension to the Palm Desert Poet Laureate Agreement.pdf
2. 01 Call for Nominations 2023-2024 Poet Laureate.pdf
3. 02 Lori Davis Application.pdf
4. 03 Palm Desert-City of Warmth and Light by Lori Davis.pdf RECOMMENDATION:
Approve a two-year extension to the Palm Desert Poet Laureate Agreement with Lori Davis.
11. 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.
None.
12. INFORMATION ITEMS
13. ADJOURNMENT
14. 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