Palm Desert City Council - Regular Meeting - November 14, 2024
1. CALL TO ORDER - CLOSED SESSION - 3:15 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
RECOMMENDATION:
The following items were considered in closed session:
4.a
Closed Session Meeting Minutes: October 10, 2024
Public Comments:
4.b
Conference with Legal Counsel regarding Existing Litigation pursuant to Government Code Section 54956.9(d)1 Public Comments:
5. ROLL CALL - REGULAR MEETING - 4:00 P.M.
6. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Harnik
7. INSPIRATION
Mayor Quintanilla
8. REPORT OF CLOSED SESSION
City Attorney Shah
9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
9.a
RECOGNITION - CIVIC ACADEMY PARTICIPANTS
10. CITY MANAGER COMMENTS
10.a
LIBRARY GRAND OPENING
10.b
SPAY/NEUTER CLINIC UPDATE
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_Oct24_2024 - English.pdf
2. Post-Meeting Minutes - Palm Desert City Council - Regular Meeting_Oct24_2024 - English.pdf RECOMMENDATION:
Approve the Minutes of October 24, 2024.
13.b
APPROVAL OF WARRANT REGISTERS
1. 1 Check_Register_by_Bank_ID_and_Date_W1_2024.10.17.pdf
2. 2 Check_Register_by_Bank_ID_and_Date_WR_2024.10.18.pdf
3. 3 Check_Register_by_Bank_ID_and_Date_W1_W3_2024.10.24.pdf
4. 4 Check_Register_by_Bank_ID_and_Date_W1_2024.10.25.pdf
5. 5 Check_Register_by_Bank_ID_and_Date_W1_W3_2024.10.31.pdf
6. 6 Check_Register_by_Bank_ID_and_Date_WR_2024.11.01.24.pdf RECOMMENDATION:
Approve the warrant registers issued for the period 10/17/2024 to 11/1/2024.
13.c
RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES
1. ABC Routing Memo - Local Mart.pdf
RECOMMENDATION:
Receive and file the application for Alcoholic Beverage License for:
Palm Desert Local Mart, Inc. (Local Mart) - 45-200 PORTOLA AVE 321 Palm Desert
13.f
AWARD CONSTRUCTION SERVICES AGREEMENT NO. HA48600 WITH MOHAWK COMMERCIAL, INC., FOR FLOOR COVERINGS AT PALM DESERT HOUSING AUTHORITY PROPERTIES
1. AWARD CONSTRUCTION SERVICES CONTRACT WITH MOHAWK COMMERCIAL, INC., FOR FLOOR COVERINGS AT PDHA PROPERTIES.pdf
2. 01 Omnia Partners Participation Letter- Mohawk Commercial, Inc.pdf
3. 02 Draft Agreement.pdf
4. 03 Draft Bonds.pdf
RECOMMENDATION:
Authorize the use of Mohawk Commercial, Inc., an Omnia Partners (“Omnia”) national government cooperative contract holder for flooring and outdoor surfaces solutions, contract 2020002149, at the Palm Desert Housing Authority pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code.
Award a Short-Form Construction Contract
No. HA48600
with Mohawk Commercial, Inc., for procurement and installation of floor coverings and related supplies and services at the Authority’s properties for a term of one (1) year, with an option to renew for up to four additional one-year terms, in an annual amount not to exceed $175,000 annually.
Authorize the Executive Director to execute the agreement, take any necessary actions to facilitate execution of agreement with Mohawk Commercial, Inc., and execute any documents necessary to effectuate the actions taken herewith.
13.g
ACCEPT CONTRACT NO. C43860 WITH VECTOR RESOURCES, INC., FOR THE SECURITY CAMERA INSTALLATION AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO. MFA00015)
1. NOC for Security Cameras with Vector.pdf
2. 01 Notice of Completion.pdf
RECOMMENDATION:
Accept the Security Camera Installation Project as completed in accordance with the contract specifications.
Authorize the Mayor to execute and the City Clerk to file the Notice of Completion.
13.h
APPROVE OUT-OF-STATE TRAVEL FOR THE PUBLIC AFFAIRS MANAGER TO PROMOTE THE PALM DESERT FOOD AND WINE FESTIVAL
1. Out-of-State Travel for the Public Affairs Manager to Promote the Palm Desert Food and Wine Festival.pdf RECOMMENDATION:
Authorize out-of-state travel for the Public Affairs Manager to participate in a media event in New York City, New York, on January 21, 2025, promoting the Palm Desert Food & Wine Festival at the James Beard Platform in conjunction with Palm Springs Life and Visit Greater Palm Springs.
13.i
ADOPT RESOLUTION 2024-079 APPROVING FINAL TRACT MAP NO. 37506-3 AND AGREEMENTS
1. Final Tract Map 37506-3 .pdf
2. Attach 1 Planning Commission Resolutino No. 2024-.pdf
3. Attach 2 Planning Commission Resolution No. 2745.pdf
4. Attach 3 Planning Commission Resolution No. 2846.pdf
5. Attach 5 Grading Agreement.pdf
6. Attach 6 Grading Bonds.pdf
7. Attach 9 Parks Improvement Agreement.pdf
8. Attach 10 Parks Bond.pdf
9. Supplemental material - Attach 4 Final Tract Map 37506-3.pdf
10. Supplemental material - Attach 7 Subdivision Improvement Agreement.pdf
11. Supplemental material - Attach 8 Subdivision Improvement Bonds.pdf RECOMMENDATION:
Adopt a Resolution No. 2024-079 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF FINAL TRACT MAP 37506-3.”
13.j
AWARD A CONTRACT NO. C48610 TO R DEPENDABLE CONSTRUCTION, INC., FOR ADA UPGRADES AT THE STATE BUILDING (PROJECT NO. MFA00011)
1. State Building ADA Upgrades.pdf
2. 01 Contract for Construction.pdf
3. 02 Payment and Performance Bonds.pdf
4. 03 Contractor's Proposal.pdf
5. 04 Vicinity Map.pdf
RECOMMENDATION:
Award a contract no. C48610 to R Dependable Construction, Inc., of San Bernardino, California, for ADA Upgrades at the State Building in the amount of $279,900, plus a $28,000 contingency.
Authorize the City Attorney to make necessary nonmonetary changes to the contract.
Authorize the City Manager to execute the agreement and written requests for change orders up to the contingency amount, amendments, and 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 authorize the City Clerk to file the NOC upon satisfactory completion of the Project.
13.k
AWARD A CONTRACT NO. C48620 TO HERMANN DESIGN GROUP FOR DEVELOPENT OF A LANDSCAPE MASTER PLAN AND CONSTRUCTION SUPPORT SERVICES (PROJECT NO. CPK00003)
1. Award Contract to Hermann Design Group(1).pdf
2. 01 Professional Services Agreement(1).pdf
3. 02 Hermann Design Group Proposal(1).pdf
RECOMMENDATION:
Award a Professional Services Agreement No. C48620 with Hermann Design Group, of Palm Desert, California, for development of a Landscape Master Plan (LMP) in the amount of $41,585 plus $8,415 in contingency for unforeseen circumstances.
Authorize extra work associated with design and construction support services to implement the plan with Hermann Design Group in an amount not to exceed $200,000 per fiscal year for a 31-month term, with two one-year extension options.
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.
13.d
ACCEPTANCE A RESIGNATION FROM THE FINANCE COMMITTEE
1. ACCEPTANCE OF A RESIGNATION FROM THE FINANCE COMMITTEE.pdf RECOMMENDATION:
With regret, accept the resignation of Jake Wuest from the Finance Committee, effective December 31, 2024.
13.e
AUTHORIZATION OF JOSLYN CENTER AGREEMENT WITH PALM DESERT WAVE HOUSE FOR PARKING LOT USE AND CONSTRUCTION AND INSTALLATION OF PICKLEBALL COURT
1. Authorization of Palm Desert Wave House Agreement and Pickleball Court Construction.pdf
2. 01 Parking Lot Use Agreement.pdf
3. 02 Pickleball Court Bid.pdf
4. 03 Pickleball Court Measurements.pdf
5. 04 Joslyn Center Fundraising Memo.pdf
6. 05 Joslyn Center Lease Agreement.pdf
7. 06 Resolution Joslyn-WaveHouse.pdf
RECOMMENDATION:
Authorize Palm Desert Wave House, LLC, Parking Lot Use Agreement pursuant to Article 5 of Contract No. C36520, Lease Agreement between the Cove Communities Senior Association and the City of Palm Desert.
Authorize the City Attorney to make any necessary non-monetary changes to the Parking Lot Use Agreement.
Authorize the construction and installation of a pickleball court pursuant to Article 6 of Contract No. C36520, Lease Agreement between the Cove Communities Senior Association and the City of Palm Desert
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
RESOLUTION 2024-080 AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE PALM DESERT TRANSACTION AND USE TAX – 5 YEAR SPENDING PLAN AND PRIORITIES AND EXECUTE THE NECESSARY AGREEMENTS FOR THE ADMINISTRATION AND IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX
1. Adopt Resolution to Implement Spending Plan.pdf
2. 01 Resolution 2024-034 - Five-Year Spending Priorities.pdf
3. 02 Draft Resolution.pdf
4. Supplemental Material - 14a Presentation.pdf
5. Supplemental Material - CA State Controller Selected RDA Review Report March 2011.pdf RECOMMENDATION:
Adopt Resolution No. 2024-080 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE PALM DESERT TRANSACTIONS AND USE TAX – 5 YEAR SPENDING PLAN AND PRIORITIES AND EXECUTE THE NECESSARY AGREEMENTS FOR THE ADMINISTRATION AND IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX.” Authorize the City Manager to execute all documents necessary to effectuate the actions taken herewith and amend the terms of staffing as may be necessary from time to time to respond to immediate community needs.
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
INTRODUCTION OF AN ORDINANCE NO. 1422 TO AMEND CHAPTER 12.04 – ENCROACHMENTS, OF THE PALM DESERT MUNICIPAL CODE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA
1. AMEND CHAPTER 12.04 ENCROACHMENTS OF THE MUNICIPAL CODE.pdf
2. 1 Palm Desert - Draft Encroachment Ordinance.pdf
3. 2 Palm Desert - Attachment A to Encroachment Ordinance.pdf
4. 3 Public Hearing Notice.pdf
5. Supplemental Material - 2024-11-14 QA Memo.pdf
RECOMMENDATION:
Introduce Ordinance No. 1422 entitled “AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, TO AMEND CHAPTER 12.04 – ENCROACHMENTS, OF THE PALM DESERT MUNICIPAL CODE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA.”
15.b
ADDENDUM TO THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2018 FEE SCHEDULE UPDATE NEXUS REPORT AND ADOPT THE TUMF INFLATION ADJUSTMENT AND REVISED FEE SCHEDULE FOR CALENDAR YEAR 2025
1. TUMF consolidated public hearing.pdf
2. Attachment 1 - Resolution Approving Nexus Study Addendum and 2025 TUMF CPI Increase.pdf
3. Attachment 1.a - Addendum to CVAG 2018 TUMF Nexus Study.pdf
4. Attachment 1.b - CVAG 2025 TUMF Fee Schedule.pdf
RECOMMENDATION:
Hold a noticed consolidated public hearing and receive public testimony; and Adopt Resolution No. 2024-081 entitled, “A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AN ADDENDUM TO THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2018 FEE SCHEDULE UPDATE NEXUS REPORT AND ADOPTING THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EXECUTIVE COMMITTEE’S TUMF INFLATION ADJUSTMENT AND REVISED FEE SCHEDULE FOR CALENDAR YEAR 2025 APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF PALM DESERT.”
15.c
INTRODUCTION OF AN ORDINANCE NO. 1423 TO AMEND SECTION 25.34.030 ACCESSORY DWELLING UNITS OF THE PALM DESERT MUNICIPAL AND MAKING A FINDING OF EXEMPTION UNDER CEQA
1. ZOA24-0003.pdf
2. Attach 1 Draft City Council Ordinance.pdf
3. Attach 1 Exhibit A - Zoning Ordinance Amendment.pdf
4. Attach 2 Public Hearing Notice.pdf
5. Supplemental Material - Presentation.pdf
RECOMMENDATION:
Introduce Ordinance No. 1423 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.34.030 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND MAKING A FINDING OF EXEMPTION UNDER CEQA”
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, Michelle Nance, Deputy 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/ Michelle Nance
Deputy Clerk II