PALM DESERT CITY COUNCIL
MEETING AGENDA

Thursday, July 11, 2024

3:30 p.m. Closed Session; 4:00 p.m. Regular Session

Council Chamber, City Hall

73-510 Fred Waring Drive

Palm Desert, California

 

This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and the Palm Desert Housing Authority. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person, and up to two Councilmembers may attend remotely.

WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website: www.palmdesert.gov under the “Council Agenda” link at the top of the homepage, or on
the City’s YouTube Channel.

OPTIONS FOR PARTICIPATING IN THIS MEETING: 

If unable to attend the meeting in person, you may choose from the following options:

 

OPTION 1: VIA E­MAIL

Send your comments by email to: .

E­mails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the record and distributed to the City Council. Emails will not be read aloud at the meeting.

 

OPTION 2: LIVE VIA ZOOM

1. Access via palmdesert.gov/zoom  or zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572.

 

OPTION 3: LIVE VIA TELEPHONE

1. (213) 338-­8477 and enter Meeting ID 833 6744 9572 followed by #.
2. Indicate that you are a participant by pressing # to continue.
3. During the meeting, press *9 to add yourself to the queue and wait for the Mayor or City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes.

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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:

  The following items were considered in closed session:

4.a

Closed Session Meeting Minutes: April 25 and June 27, 2024

4.b

Conference with Legal Counsel regarding Existing Litigation pursuant to Government Code Section 54956.9(d)1

4.b.1

Desert Emerald LLC (Claim No. 919)

4.b.2

Spanish Walk Community Association (Claim No. 920)

4.c

Conference with Legal Counsel regarding Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)2

No. of Cases: 19

4.c.1

Claimant:

Duran, Lydia Irene
Afsarzadeh, Maryam/Afsarzadeh, Patty
Alvarez, Jose Jennifer A./Alvarez, Michelle S.
Broyles, Jacob
Dickson, David/Dickson, Janet
Escoto, Joseph Balingit/Escoto, Estrella Migia
Hayes, Robbin (Trustee)/Hayes, Ivan (Trustee)
Lapidus, Gregory Drake
Lester, Linda
Markus, Kyounghee
Mullinix, Alexis
Orr, Mark
Polo, Lalaine B.
Steinberg, Marla (Trustee)
Scott, Caronlie
Thompson, Anna Marie/Thompson, Jeffrey C.
Todd, Matthew/Todd, Mallory
Hamilton, Keith J. (Trustee)/Hamilton, Debra S. (Trustee)
Reyes, Pedro Daniel

Agency claimed against: City of Palm Desert

5.

ROLL CALL - REGULAR MEETING - 4:00 P.M.

6.

PLEDGE OF ALLEGIANCE

Mayor Pro Tem Harnik

7.

INSPIRATION

Councilmember Kelly

8.

REPORT OF CLOSED SESSION

City Attorney Shah

9.

AWARDS, PRESENTATIONS, AND APPOINTMENTS

9.a

PROCLAMATION: OUTDOOR WORKER APPRECIATION DAY

10.

CITY MANAGER COMMENTS

10.a

SHERIFF DEPARTMENT 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, with the exception of items 13n, 13o and 13p.

13.a

APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES

• RECOMMENDATION:

  Approve the Minutes of June 27, 2024.

13.b

APPROVAL OF WARRANT REGISTERS

• RECOMMENDATION:

  Approve the warrant registers issued for the period 6/15/2024 to 6/28/2024.

13.c

ADOPTION OF ORDINANCE NO. 1415 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 2.36, PROCEDURES FOR THE CONDUCT OF MEETINGS

• RECOMMENDATION:

  Adopt Ordinance No. 1415 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 2.36, PROCEDURES FOR THE CONDUCT OF MEETINGS."

13.d

ACCEPT CONTRACT NO. C46540 FOR THE CONSTRUCTION OF THE BUMP & GRIND TRAILHEAD NEW PREFABRICATED RESTROOM PROJECT NO. MPK00006 AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION

• RECOMMENDATION:
  1. Accept Contract No. C46540 with Leonida Builders Inc for the Bump & Grind Trailhead New Prefabricated Restroom Project as complete.
  2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion.

13.e

ACCEPTANCE OF A RESIGNATION FROM THE RESOURCE PRESERVATION AND ENHANCEMENT COMMITTEE

• RECOMMENDATION:

  With regret, accept the resignation of Gustavo Gomez from the Resource Preservation and Enhancement Committee.

13.f

RESOLUTION TO DESIGNATE THE FINANCE DIRECTOR TO BE THE AUTHORIZED AGENT TO ESTABLISH AND AMEND PETTY CASH FUNDS AND GUIDELINES

• RECOMMENDATION:
  1. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING THE FINANCE DIRECTOR AS THE AUTHORIZED AGENT FOR ESTABLISHING, AMENDING, AND TERMINATING PETTY CASH FUNDS THROUGHOUT THE CITY DEPARTMENTS.”

  2. Authorize the City Manager, through the Finance Director, to establish petty cash guidelines and amend them from time to time.

13.g

ADOPT RESOLUTION OPTING INTO SETTLEMENT AGREEMENT WITH DISTRIBUTORS OF OPIOIDS, GROCERY CHAIN KROGER, AND FUTURE PROPOSED OPIOD SETTLEMENTS

• RECOMMENDATION:
  1. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO THE SETTLEMENT AGREEMENT WITH KROGER CO., AGREE TO THE TERMS OF THE STATE SUBDIVISION AGREEMENT, AND AUTHORIZE THE CITY MANAGER TO EXECUTE FUTURE PROPOSED OPIOID SETTLEMENT AGREEMENTS.”
  2. Authorize the City Manager to execute the Participation Agreements with the settling defendants, Kroger, and to execute any future proposed Opioid Settlement agreements.
  3. Approve prioritizing street outreach and establishing pathways to treatment for homeless individuals grappling with substance use issues for use of settlement funds.

13.h

APPOINT MAHASTI ISLAMI TO THE BOARD OF DIRECTORS OF THE EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT

• RECOMMENDATION:

  Appoint Mahasti Islami to a two-year term beginning July 1, 2024, through June 30, 2026, on the Board of Directors of the El Paseo Parking and Business Improvement District (EPPBID) Board of Directors, to fill the seat vacated by Sonia Campbell.

13.i

APPROVE CHANGE ORDER NO. 4 FOR THE ONE QUAIL PLACE PARKING LOT REHABILITATION PROJECT NO. CHA00003 (812-20)

• RECOMMENDATION:
  1. Approve Change Order No.4 in an amount not to exceed $280,647 to Contract No. HA45140 with Jacobsson Engineering Construction, Inc.
  2. Authorize the Executive Director or designee to execute Change Order No. 4 to the agreement and any documents necessary to effectuate the actions taken herewith.

13.j

AWARD CONTRACT TO PBK ARCHITECTS, INC., FOR ARCHITECTURAL DESIGN SERVICES OF FIRE STATION 33 AND 71 (CFA00017 & CFA00019)

• RECOMMENDATION:
  1. Award Contract for the Architectural Design Services for Fire Station 33 and 71 in an amount not to exceed of $1,397,000.
  2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $139,700 for unforeseen conditions.
  3. Authorize the City Manager or designee to review and approve written contract amendment requests up to the contingency amount requested.
  4. Authorize the Mayor or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith.

13.k

AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK AND FACILITIES REPAIRS AND IMPROVEMENT PROJECTS

• RECOMMENDATION:
  1. Award Contract No. C44620F to GWC Construction of Palm Desert, California, and award Contract No. C44620G to Kincaid Industries, Inc. of Thousand Palms, California, and award Contract No. C44620H to SoCal Electrical and Lighting, Inc. of Palm Desert, California, for Park and Facilities Repairs and Improvements, for a period of three (3) years in an aggregate amount in combination with Contract Nos. C44620A-E not to exceed $4,500,000 per fiscal year.
  2. Authorize the City Manager to review and approve up to two (2) additional one-year terms per contract for an aggregated amount not to exceed $4,500,000 per fiscal year.
  3. Authorize the City Manager or designee to review and approve change orders for unforeseen circumstances.
  4. Authorize the City Attorney to make any necessary non-monetary changes to the agreements.
  5. Authorize the City Manager to execute said agreements.

13.l

AWARD CONTRACT NO. C47680 TO JACOBSSON ENGINEERING CONSTRUCTION, INC., FOR THE EL PASEO CURB RAMP MODIFICATION PROJECT (PROJECT CST00025)

• RECOMMENDATION:
  1. Award Contract No. C47680 in the amount of $1,070,234 to Jacobsson Engineering Construction, Inc., of Palm Desert, CA, for the El Paseo Curb Ramp Modification Project (Project No. CST00025).
  2. Authorize the Director of Finance to set aside a contingency in the amount of $107,000.
  3. Authorize the City Attorney to make any non-monetary changes to the agreement.
  4. Authorize the City Manager to review and approve written requests for the use of contingency per Section 3.30.170B of the municipal code.
  5. Authorize the City Manager to execute the agreement and any documents necessary to effectuate this action.
  6. Authorize the Mayor to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project.

13.m

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE’S URBAN COUNTY PROGRAM AND AUTHORIZING SIGNATORY APPROVAL

• RECOMMENDATION:

  Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE’S URBAN COUNTY PROGRAM FOR FISCAL YEARS 2025/26 AND 2026/27.”

13.n

REJECT ALL PROPOSALS SUBMITTED FOR COURTESY PATROL SERVICES AT THE HOUSING AUTHORITY PROPERTIES

• RECOMMENDATION:
  1. Reject all proposals submitted for Courtesy Patrol Services at Palm Desert Housing Authority owned properties.
  2. Authorize staff’s request to solicit proposal for surveillance camera system installation and monitoring services.

13.o

REJECT ALL BIDS, APPROPRIATE FUNDS, AUTHORIZE THE CITY MANAGER TO AWARD A CONTRACT FOR THE CIVIC CENTER PARKING LOT REHABILITATION PROJECT IN AN AMOUNT NOT TO EXCEED $600,000

• RECOMMENDATION:
  1. Reject all bids due to non-responsiveness.
  2. Authorize the Director of Finance to appropriate funds in the amount of $600,000 from unallocated Capital Improvement Fund to Account No. 4004161-5000914.
  3. Authorize the City Manager to negotiate and execute an agreement for Civic Center Parking Lot Rehabilitation in the best interest of the City in an amount not to exceed $600,000, including contingency.
  4. Authorize the City Manager to review and execute written requests for change orders, amendments, and any other documents necessary to effectuate this action, per Section 3.30.170 B of the Palm Desert Municipal Code.
  5. 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.p

AUTHORIZE AN AMENDMENT TO INCREASE THE CITY'S CONTRACT WITH FG CREATIVE FOR EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT MARKETING SERVICES to $275,000 FOR FISCAL YEAR 2024-25

• RECOMMENDATION:
  1. Authorize Amendment No. 4 to El Paseo Parking and Business Improvement District (EPPBID) contract C43370 with FG Creative in the amount of $275,000 for Fiscal Year 2024-25.
  2. Authorize the City Manager to execute the Amendment.

13.q

AWARD CONTRACT C47850 IN AN AMOUNT NOT TO EXCEED $964,728 TO HR GREEN, INC., FOR ENGINEERING SERVICES FOR THE STORM DRAIN INFRASTRUCTURE ASSESSMENT (PROJECT NO. CDR00006)

• RECOMMENDATION:
  1. Award Contract to HR Green, Inc., of Palm Desert, CA in an amount not to exceed $964,728, for preliminary assessment, maintenance contractor oversight, and final assessment and reporting associated with year one of the program.
  2. Authorize Director of Finance to set aside a 15% contingency in the amount of $144,709 for any unforeseen conditions.
  3. Authorize the City Attorney to make any necessary, non-monetary changes to the agreement.
  4. Authorize the City Manager to review and approve written contract amendment requests to use up to the contingency amount, per Section 3.30.170B of the municipal code.
  5. Authorize the Mayor to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project.

13.r

CONFIRMATION OF PLANNING COMMISSION RESOLUTION No. 2873, CONDITION OF APPROVAL NO. 20 REGARDING THE ESTABLISHMENT OF A COMMUNITY FACILITIES DISTRICT AT SHADOW RIDGE

• RECOMMENDATION:

  Confirm Planning Commission (PC) Resolution No. 2873, Condition of Approval (COA) No. 20 regarding the establishment of a Community Facilities District (CFD) at Shadow Ridge.

13.s

APPROVE CONTRACT WITH FEHR & PEERS FOR THE PREPARATION OF A GENERAL PLAN AMENDMENT TO THE MOBILITY ELEMENT IN AN AMOUNT NOT TO EXCEED $139,076 AND APPROPRIATE FUNDS

• RECOMMENDATION:
  1. Approve contract to with Fehr & Peers of Walnut Creek, California, to prepare a General Plan Amendment to the Mobility Element in an amount not to exceed $139,076.
  2. Appropriate $139,076 from unassigned General Fund Reserves to Account No. 1104470-4305000.
  3. Authorize the City Attorney to make any necessary non-monetary changes to the contract.
  4. Authorize the City Manager to execute said contract.

13.t

APPOINTMENT OF THE CITY COUNCIL LIAISON AND ALTERNATE LIAISON TO THE LIBRARY ADVISORY COMMITTEE

• RECOMMENDATION:

  Appoint Councilmember Trubee as the City Council Liaison and Mayor Pro Tem Harnik as the Alternate Liaison to the Library Advisory Committee.

13.u

APPROVE CHANGE ORDER NO. 2 TO CONTRACT NO. C44600 WITH GARLAND/DBS, INC., FOR ROOF REPAIRS AND RELATED SERVICES ON CITY-OWNED BUILDINGS TO INCREASE THE FY 2024-25 ANNUAL AMOUNT TO $3,500,000 (PROJECT NO. MFA00001)

• RECOMMENDATION:
  1. Approve Change Order No. 2 to Contract No. C44600 with Garland/DBS, Inc. for roof repairs and related services on City-owned buildings to increase the annual amount to 3,500,000 during Fiscal Year 2024-25.
  2. Authorize the City Manager to review and execute amendments and any change orders per Section 3.30.170 of Ordinance No. 1335.
  3. Authorize the City Manager to execute Change Order No. 2 to the agreement.

13.v

RATIFY AMENDMENT NO. 3 AND AMENDMENT NO. 4 TO CONTRACT C37870A WITH KOA CORPORATION FOR PROFESSIONAL ENGINEERING SERVICES IN A TOTAL AMOUNT OF $127,640 FOR HAYSTACK TRAFFIC CALMING PHASE 2 AND PD LINK PHASE 2 (PROJECT CST00006 & PROJECT CST00005)

• RECOMMENDATION:
  1. Ratify Amendment No. 3 to contract C37870A with KOA Corporation in the amount of $103,685.00.
  2. Ratify Amendment No. 4 to contract C37870A with KOA Corporation in the amount of $23,955.00.
  3. Authorize City Manager to review and approve written requests for use of contingency per Section 3.30.170B of the Palm Desert Municipal Code.
  4. Authorize City Manager to execute amendments and any documents necessary to effectuate the actions taken herewith.

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

APPROVE SAN PABLO PHASE II ROUNDABOUT ARTWORK ON SAN PABLO AVE AND EAST ENTRANCE TO COLLEGE OF THE DESERT

• RECOMMENDATION:
  1. Approve Agreement, in substantial form, for design, engineering, fabrication, and delivery of the sculpture titled Dueling Palms as proposed by artist Kyle Absolom in an amount not to exceed $169,500.
  2. Authorize the City Manager to execute the contract for Dueling Palms, subject to review by the City attorney, and all other documents related to the installation of artwork.

14.b

APPROVE AN AMENDMENT TO CONTRACT NO. C41770 TO EXTEND THE TERM AND INCREASE THE CONTRACT AMOUNT WITH THE COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES

• RECOMMENDATION:
  1. Increase the annual contact amount for Fiscal Year 2023-24 to $380,000 to cover the budgeted costs of animal field and shelter services.
  2. Approve Amendment No. 1 to Contract No. C41770 with the County of Riverside Department of Animal Services to extend the contract for one year with an annual amount of $380,000.
  3. Authorize the Director of Finance to set aside a contingency for an additional $20,000, subject to City Manager approval for additional fluctuations in services.
  4. Authorize the City Attorney to make necessary non-monetary changes to the agreement.
  5. Authorize the City Manager to execute said contract.

14.c

RESOLUTION OPPOSING THE DESERT HEALTHCARE DISTRICT’S PROPOSED NEW HOSPITAL LEASE AGREEMENT “NON-COMPETE” PROVISION, WHICH RESTRICTS TAXPAYER FUNDS AND ELECTED BOARD’S OVER THE NEXT 30 YEARS

• RECOMMENDATION:
  1. Consider adoption of a resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, OPPOSING THE DESERT HEALTHCARE DISTRICT’S PROPOSED HOSPITAL LEASE AGREEMENT “NON-COMPETE” PROVISION AND DIRECTING THE MAYOR TO SEND A LETTER TO THE DESERT HEALTHCARE DISTRICT BOARD EXPRESSING THIS OPPOSITION.” OR
  2. Provide alternative direction to staff.

14.d

CONSIDERATION FOR APPROVAL OF A PORTION OF PUBLIC RIGHT-OF-WAY (EXPLORER DRIVE) IS “EXEMPT SURPLUS LAND” PURSUANT TO GOVERNMENT CODE SECTION 54221

• RECOMMENDATION:

  Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF CITY OF PALM DESERT, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY LOCATED AT THE TERMINUS OF EXPLORER DRIVE IS EXEMPT SURPLUS LAND, AND FINDING THAT SUCH DECLARATION IS NOT A PROJECT SUBJECT TO ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”

14.e

ADOPT RESOLUTION APPROVING FINAL TRACT MAP NO. 38434-1 AND AGREEMENTS

• RECOMMENDATION:
  1. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF FINAL TRACT MAP NO. 38434-1.”
  2. Authorize the Mayor to execute agreement for the construction and maintenance of a portion of public right of way
  3. Authorize the City Attorney to make necessary, non-monetary changes to the agreements and City Manager to execute any changes to said Agreements.

     * Note: This item may be pulled from the agenda if the final attachments are not provided by Wednesday, July 10, 2024.

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.

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, [phone], 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