Palm Desert City Council - Regular Meeting - November 14, 2024
1. CALL TO ORDER - CLOSED SESSION - 3:15 P.M.
A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, November 14, 2024 at 3:20 p.m., in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.
2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
None.
3. RECESS TO CLOSED SESSION
Mayor Quintanilla adjourned to Closed Session at 3:20 p.m.
4. CLOSED SESSION AGENDA
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 led the Pledge of Allegiance.
7. INSPIRATION
Mayor Quintanilla provided words of inspiration.
8. REPORT OF CLOSED SESSION
City Attorney Shah stated that direction was given by the City Council; no reportable actions were taken.
9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
9.a
RECOGNITION - CIVIC ACADEMY PARTICIPANTS
Mayor Quintanilla and Community Relations Supervisor Penta recognized recent graduates of Civic Academy.
10. CITY MANAGER COMMENTS
10.a
LIBRARY GRAND OPENING
Assistant Director of Library Services Vonnegut invited the community to the Library's Grand Opening on November 20, 2024.
10.b
SPAY/NEUTER CLINIC UPDATE
Director of Development Services Cannone invited residents to register for the upcoming spay and neuter clinic for dogs and cats on December 6, 2024, at the Civic Center Dog Park and announced future vaccination and microchipping clinics.
11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events.
Councilmember Trubee, supported by Mayor Quintanilla, requested staff evaluate adding signage at Homme Adams Park to raise awareness for pedestrians that it is a leash free area for dogs.
Councilmember Kelly, supported by Councilmember Nestande, requested an update on Proposition 36 and how it will affect enforcement of retail theft. In addition, Councilmember Kelly, supported by Mayor Quintanilla, requested staff review the City’s policies regarding fireworks on private property and neighborhood notifications and return to City Council for possible revisions.
Mayor Quintanilla, supported by Councilmember Kelly, requested that the City Council Subcommittee on signage consider the placement of signs announcing the City as an Autism Certified City, similar to the Purple Heart City signage. In addition, Mayor Quintanilla requested consideration of a policy regarding smart technologies with recording capabilities. This request did not receive council support.
12. NONAGENDA PUBLIC COMMENTS
Jimy White
, Palm Desert resident, expressed frustration regarding the management company of California Villas.
Christoper Molinar
, of the Artist Council, expressed appreciation to the City Council for the continued support of the Artists Council.
13. CONSENT CALENDAR
Motion by:
Councilmember Nestande
Seconded by:
Mayor Pro Tem Harnik
To approve the consent calendar as presented.
Motion Carried (5 to 0)
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 Motion by:
Councilmember Nestande
Seconded by:
Mayor Pro Tem Harnik
Approve the Minutes of October 24, 2024.
Motion Carried (5 to 0)
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 Motion by:
Councilmember Nestande
Seconded by:
Mayor Pro Tem Harnik
Approve the warrant registers issued for the period 10/17/2024 to 11/1/2024.
Motion Carried (5 to 0)
13.c
RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES
1. ABC Routing Memo - Local Mart.pdf
Motion by:
Councilmember Nestande
Seconded by:
Mayor Pro Tem Harnik
Receive and file the application for Alcoholic Beverage License for:
Palm Desert Local Mart, Inc. (Local Mart) - 45-200 PORTOLA AVE 321 Palm Desert Motion Carried (5 to 0)
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
Motion by:
Councilmember Nestande
Seconded by:
Mayor Pro Tem Harnik
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.
Motion Carried (5 to 0)
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
Motion by:
Councilmember Nestande
Seconded by:
Mayor Pro Tem Harnik
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.
Motion Carried (5 to 0)
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 Motion by:
Councilmember Nestande
Seconded by:
Mayor Pro Tem Harnik
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.
Motion Carried (5 to 0)
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 Motion by:
Councilmember Nestande
Seconded by:
Mayor Pro Tem Harnik
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.” Motion Carried (5 to 0)
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
Motion by:
Councilmember Nestande
Seconded by:
Mayor Pro Tem Harnik
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.
Motion Carried (5 to 0)
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
Motion by:
Councilmember Nestande
Seconded by:
Mayor Pro Tem Harnik
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.
Motion Carried (5 to 0)
13.d
ACCEPTANCE A RESIGNATION FROM THE FINANCE COMMITTEE
1. ACCEPTANCE OF A RESIGNATION FROM THE FINANCE COMMITTEE.pdf Mayor Quintanilla expressed gratitude to Mr. Wuest for his service on the Finance Committee and to the community.
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
With regret, accept the resignation of Jake Wuest from the Finance Committee, effective December 31, 2024.
Motion Carried (5 to 0)
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
Homeless and Supportive Services Manager Tenorio responded to Council inquiry.
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
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 Motion Carried (5 to 0)
14. ACTION CALENDAR
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 Assistant City Manager Escobedo and Director of Finance Chavez narrated a PowerPoint presentation and responded to Council inquiries.
Motion by:
Mayor Pro Tem Harnik
Seconded by:
Councilmember Nestande
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.
Motion Carried (5 to 0)
15. PUBLIC HEARINGS
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
Mayor Quintanilla opened the public hearing.
Capital Projects Manager
Gayler summarized the staff report and responded to City Council inquiries.
Mayor Quintanilla closed the public hearing, there being no member of the public wishing to speak.
Motion by:
Councilmember Kelly
Seconded by:
Councilmember Trubee
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.” Motion Carried (5 to 0)
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
Mayor Quintanilla opened the public hearing.
Director of Development Service Cannone summarized the staff report and responded to City Council inquiries.
Mayor Quintanilla closed the public hearing, there being no member of the public wishing to speak.
Motion by:
Mayor Pro Tem Harnik
Seconded by:
Councilmember Nestande
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.” Motion Carried (5 to 0)
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
Mayor Quintanilla opened the public hearing.
Principal Planner Flores narrated a PowerPoint presentation and responded to City Council inquiries.
Mayor Quintanilla closed the public hearing, there being no member of the public wishing to speak.
Motion by:
Mayor Pro Tem Harnik
Seconded by:
Councilmember Kelly
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” Motion Carried (5 to 0)
16. INFORMATION ITEMS
None.
17. ADJOURNMENT
The City Council adjourned at 5:17 p.m.
18. PUBLIC NOTICES