Palm Desert City Council - Regular Meeting - October 10, 2024
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 first page of this agenda.
3. RECESS TO CLOSED SESSION
4. CLOSED SESSION AGENDA
The following items will be considered in closed session:
RECOMMENDATION:
4.a
Closed Session Meeting Minutes: September 12, 2024
Public Comments:
4.b
Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 Attachments
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Public Comments
1. 0 Non Agenda Public Comment.pdf
4.b.1
Property Description: 73710 Fred Waring Drive, Suite 205 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
PRESENTATION: COLLEGE OF THE DESERT CAPITAL PROJECTS AND INSTRUCTIONAL PROGRAMS
1. COD_Palm Desert City Council Update - October 2024-v3-c.pdf
10. CITY MANAGER COMMENTS
10.a
UPDATE ON PALM DESERT IHUB
11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
12. NONAGENDA PUBLIC COMMENTS
1. 0 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.
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 - Palm Desert City Council - Regular Meeting_Sep26_2024 - English.pdf RECOMMENDATION:
Approve the Minutes of September 26, 2024.
13.b
APPROVAL OF WARRANT REGISTERS
1. Check_Register_by_Bank_ID_and_Date_-_Wire__2024.08.30_WR.pdf
2. Check_Register_by_Bank_ID_and_Date_2024.09.18__W1.pdf
3. Check_Register_by_Bank_ID_and_Date_2024.09.19__W1.pdf RECOMMENDATION:
Approve the warrant registers issued for the period 8/30/2024 to 9/19/2024.
13.c
RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES
1. ABC Routing Memo - Albertsons No. 0567 FINAL 10.01.2024.pdf RECOMMENDATION:
Receive and file the application for Alcoholic Beverage License for:
1918 Winter Street ABS, LLC (Albertsons #0567) - 42095 Washington Street, Palm Desert
13.d
AWARD CONTRACT NO. C48480 TO SOUTHERN PACIFIC CONSTRUCTION FOR THE FIRE STATION 67 RESTROOM RENOVATION (PROJECT NO. MFA00030)
1. Award Contract to Southern Pacific Construction.pdf
2. 01 Southern Pacific Construction Agreement.pdf
3. 02 Payment and Performance Bonds.pdf
4. 03 Southern Pacific Construction Bid.pdf
RECOMMENDATION:
Award Contract No. C48480 to Southern Pacific Construction, of Temecula, California, in the amount of $276,940.87, plus a $30,000 contingency, for the Fire Station 67 Restroom Renovation.
Authorize the City Attorney to make necessary nonmonetary changes to the contract.
Authorize the City Manager to execute the contract and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.
Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project.
13.e
AWARD DESIGN CONTRACT NO. C48490 TO TKE ENGINEERING, INC., FOR WALK AND ROLL PD PHASE 3 - PEDESTRIAN IMPROVEMENTS
1. Award Design Contract to TKE Engineering for Walk and Roll Phase 3.pdf
2. 01 Walk and Roll PD Phase 3 Map.pdf
3. 02 TKE Proposal and Fee 9-26-2024.pdf
4. 03 CST00002 Walk and Roll PD Phase 3.pdf
RECOMMENDATION:
Award Contract No. C48490 to TKE Engineering, Inc., of Riverside, California, in the amount of $360,700 for design of the Walk and Roll PD - Phase 3 Pedestrian Improvements Project (CST00002), plus a 10% contingency for unforeseen conditions.
Authorize the City Attorney to make necessary nonmonetary changes to the contract.
Authorize the City Manager to execute the contract and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.
13.f
AWARD CONTRACT NO. C48140 TO DBX, INC., OF TEMECULA, CALIFORNIA, FOR THE MARKET PLACE DRIVE AND COOK STREET TRAFFIC SIGNAL IMPROVEMENTS (PROJECT NO. CTS0001)
1. Market Place Drive and Cook Street Traffic Signal Improvements .pdf
2. 01 Agreement.pdf
3. 02 Payment and Performance Bonds(1).pdf
4. 03 Contractor's Proposal.pdf
5. 04 Vicinity Map.pdf
RECOMMENDATION:
Award Contract No. C48140 to DBX, Inc., of Temecula, California, in the amount of $464,580, plus a $47,000 contingency, for the Market Place Drive and Cook Street Traffic Signal Improvements.
Authorize the City Attorney to make necessary nonmonetary changes to the contract.
Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.
Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project.
13.g
RELEASE MAINTENANCE BOND FOR PM 37512 FOR THE REVEL LOCATED AT 74300 COUNTRY CLUB DRIVE
1. PM 37512 Release of Maintenace Bond.pdf
2. 1. Maintenance Bond (cash deposit).pdf
3. 2. Vicinity Map.pdf
RECOMMENDATION:
Release Maintenance Bond in the amount of $5,096.07 for PM 37512 for the Revel located at 74300 Country Club Drive.
13.h
RESOLUTION NO. 2024-074 AND HA-127: THIRD AMENDED AND RESTATED DDLA AND ACTIONS RELATED TO THE CONVEYANCE OF THE PARCELS IDENTIFIED AS APN 694-120-028 AND A PORTION OF 694-120-029 FOR AFFORDABLE HOUSING
1. Third Amended and Restated DDLA with Palm Communities.pdf
2. 01 City Resolution.pdf
3. 02 Authority Resolution.pdf
4. 03 Third Amended and Restated Disposition, Development and Loan Agreement.pdf
5. 13h. Revised Resolutions.pdf
RECOMMENDATION:
Adopt Resolution No. 2024-074 (City) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A THIRD “AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM VILLAS AT MILLENIUM” AMONG THE CITY, AS LESSOR, THE PALM DESERT HOUSING AUTHORITY, AS LENDER, AND PALM COMMUNITIES, A CALIFORNIA LIMITED PARTNERSHIP, AS LESEE/ BORROWER/ DEVELOPER, IN CONNECTION WITH APPROXIMATELY 10.49 ACRES OF PROPERTY OWNED BY THE CITY, AND TAKING RELATED ACTIONS.” Adopt Resolution No. HA-127 (Housing Authority) entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY APPROVING A THIRD “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 CORPORATION, AS BUYER/ BORROWER/ DEVELOPER, APPROPRIATING FUNDS IN CONNECTION THEREWITH, AND TAKING RELATED ACTIONS.” Authorize Mayor/Chairperson, 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 Third Amended and Restated DDLA.
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
2025 CALIFORNIA DESERT PLEIN AIR FESTIVAL FUNDING
1. 2025 CALIFORNIA DESERT PLEIN AIR FESTIVAL SPONSORSHIP.pdf
2. 01 2025 CA-DesertPleinAir-Proposal-final.pdf
3. 02 2025 CA Plein Air Festival Budget rev.pdf
4. 03 Plein Air Media Plan.pdf
5. 04 CA Plein Air - community_event_sponsorship_request.pdf
6. 14a. Presentation Plein Air Festival Sponsorship.pdf RECOMMENDATION:
Approve funding in the amount of $25,000 for the inaugural California Desert Plein Air Festival.
14.b
RESOLUTION NO. 2024-075: ADOPT A POLICY FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS
1. Admin Policy HOA process for building permits.pdf
2. Attachment 1 - Resolution - HOA Building Permit Policy.pdf
3. Attachment 2. Resolution - Exhibit A.pdf
RECOMMENDATION:
Adopt Resolution No. 2024-075 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY (DS-001) FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS.”
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
RESOLUTION NO. 2024-076: CONSIDERATION TO APPROVE A PRECISE PLAN AMENDMENT FOR A 1,103-SQUARE-FOOT GUESTHOUSE AT 72240 UPPER WAY WEST
1. 72240 Upper Way West Guesthouse.pdf
2. 01 Resolution.pdf
3. 02 ARC Minutes, July 23, 2024.pdf
4. 03 Planning Commission August 20, 2024 Notice of Action.pdf
5. 04 Project Plans.pdf
6. 05 Material Board.pdf
7. 06 Line of Sight.pdf
8. 07 Public Hearing Notice.pdf
9. 08 Comment Letters Received.pdf
10. 15a. Presentation PP21-0005 amd Upper Way West.pdf
RECOMMENDATION:
Adopt Resolution No. 2024-076 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF A HILLSIDE DEVELOPMENT PLAN TO CONSTRUCT A 1,103-SQUARE-FOOT GUESTHOUSE ON A PROPERTY LOCATED AT 72240 UPPER WAY WEST.”
15.b
ADOPT SUBSTANTIAL AMENDMENT TO ANNUAL ACTION PLAN FOR PROGRAM YEAR 2020 COMMUNITY DEVELOPMENT BLOCK GRANT
1. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBSTANTIAL AMENDMENT.pdf
2. 01 Annual Action Plan PY 2020 CDBG Substantial Amendment No. 3.pdf
3. 02 Draft- The Joslyn Center Amendment .pdf
4. 15b. Presentation CDBG.pdf
RECOMMENDATION:
Conduct the public hearing and receive public testimony.
Adopt the Substantial Amendment to PY 2020 Annual Action Plan.
Authorize the Director of Finance to appropriate $176,000 to CDBG Program Expenditure Account No. 2204649-4400100, Palma Village Park Capital Project.
Approve the Project agreement amendment with the Joslyn Center (Contract No. C46570A).
15.c
INTRODUCE ORDINANCE NO. 1417 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS - ADOPT A POLICY (RES. 2024-077) SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE HILLSIDE PLANNED RESIDENTIAL ZONE, AND MAKE A FINDING OF EXEMPTION UNDER CEQA
1. STR Code Update.pdf
2. 01 Draft Ordinance re Short Term Rentals .pdf
3. 02 Exhibit to Short Term Rental Update Ordinance (Clean Code Language)-c1.pdf
4. 03 Resolution - STR Harship Policy.pdf
5. 15c. Presentation STR Ordinance.pdf
6. 15c. Public Comment.pdf
7. 15c. Attachment to Short Term Rental Update Ordinance UPDATED.pdf RECOMMENDATION:
Hold a public hearing and introduce Ordinance No. 1417 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” Adopt Resolution No. 2024-077 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE TERMINATION AND AMORTIZATION OF SHORT-TERM RENTALS WITHIN THE HILLSIDE PLANNED RESIDENTIAL (HPR) ZONE.”
15.d
INTRODUCTION OF ORDINANCE NO. 1418 TO ADD CHAPTER 12.36 TO TITLE 12 OF THE PALM DESERT MUNICIPAL CODE ESTABLISHING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING A FINDING OF EXEMPTION UNDER CEQA
1. Public Right of Way Vacation Ordinance.pdf
2. 1. Draft Ordinance.pdf
3. 2. Public Hearing Notice.pdf
4. 15d. Presentation Right of Way Vacations.pdf
RECOMMENDATION:
Introduce Ordinance No. 1418 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 12.36 TO THE PALM DESERT MUNICIPAL CODE REGARDING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING A FINDING OF EXEMPTION UNDER CEQA.”
15.e
INTRODUCTION OF AN ORDINANCE UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
1. Building Board of Appeals Code Update.pdf
2. Attachment 1. Ordinance Updating PDMC Chapter 2.18 Building Board of Appeals.pdf
3. Attachment 2. Building Board of Appeals - CC Hearing Notice.pdf
4. 15e. Presentation Building Board of Appeals.pdf
RECOMMENDATION:
Hold a public hearing and introduce Ordinance No. 1419 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER CEQA.”
15.f
ADOPT A RESOLUTION AMENDING THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF PALM DESERT AND FINDING THE ACTION EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15378 RECOMMENDATION:
Continue the item to a date uncertain.
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