PALM DESERT CITY COUNCIL
MEETING AGENDA

Thursday, September 12, 2024

Closed Session 3:15 p.m.; Regular Session 4:00 p.m.

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, Palm Desert Housing Authority and the Palm Desert Board of Library Trustees. 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 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 - 3:15 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

The following items will be considered in closed session:

4.a

Closed Session Meeting Minutes: August 22, 2024

4.b

Conference with Real Property Negotiations pursuant to Government Code Section 54956.8

4.b.1

Property Description: Portola Community Center, 45480 Portola Avenue

Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: N/A
Under Negotiation: Price and Terms

4.b.2

Property Description: 72-567 Highway 111

Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: Artists Council
Under Negotiation: Price and Terms

5.

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

6.

PLEDGE OF ALLEGIANCE

Councilmember Kelly

7.

INSPIRATION

Mayor Quintanilla

8.

REPORT OF CLOSED SESSION

City Attorney Shah

9.

AWARDS, PRESENTATIONS, AND APPOINTMENTS

10.

CITY MANAGER COMMENTS

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

• RECOMMENDATION:

  Approve the Minutes of July 18, 2024, and August 22, 2024.

13.b

APPROVAL OF WARRANT REGISTERS

• RECOMMENDATION:

  Approve the warrant registers issued for the period 8/15/2024 to 8/26/2024.

13.c

RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES

• RECOMMENDATION:

  Receive and file applications for Alcoholic Beverage Licenses for: 

  1. Palm Desert Local Mart, Inc., - 45200 Avenue 321, Palm Desert
  2. Petrie and Friends, LLC (Black Cat Pizza)  - 72795 HWY 111 Suite G2, Palm Desert
  3. La Quinta Brewing Company, LLC (La Quinta Brewing Co) - 747147 Technology Drive, Palm Desert
  4. The Cheese Shop on El Paseo - 73280 El Paseo Suite 1, Palm Desert
  5. Shake Shack California, LLC (Shake Shack #1529) - 73199 El Paseo Suite A, Palm Desert
  6. APalmDesert, LLC (Dennys 9377) - 42455 Washington Street, Palm Desert

13.d

2024 CONFLICT OF INTEREST CODE BIENNIAL NOTICE PURSUANT TO THE POLITICAL REFORM ACT

• RECOMMENDATION:
  1. Receive and file the 2024 Local Agency Biennial Notice.
  2. Direct staff to promulgate the necessary amendments and return to the City Council in December 2024 for adoption pursuant to the Political Reform Act.

13.e

APPROVE AN EXCLUSIVE NEGOTIATION AGREEMENT WITH KAM SANG COMPANIES, INC., FOR SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY PROPERTIES LOCATED AT DESERT WILLOW GOLF RESORT

• RECOMMENDATION:
  1. Approve an Exclusive Negotiation Agreement (ENA) with Kam Sang Company, Inc., for acquisition of Lots C and D at Desert Willow Golf Resort.
  2. Authorize the City Attorney to make any necessary nonmonetary changes to the ENA.
  3. Authorize the City Manager to execute the ENA and any other documents necessary to effectuate this action.

13.f

APPROVE CHANGE ORDER NO. 3 FOR CONTRACT NO. C44200B TO AMERICAN LANDSCAPE, INC., OF CANOGA PARK, CALIFORNIA, FOR THE GREENS/TEE BOX RENOVATION AND TURF REDUCTION AT DESERT WILLOW GOLF RESORT (PROJECT NO. MLS00005)

• RECOMMENDATION:
  1. Approve Change Order No. 3 to Contract No. C44200B with American Landscape, Inc., of Canoga Park, California, for the Firecliff Golf Course Greens/Tee Box Renovations and Turf Reduction at Desert Willow Golf Resort (DWGR) in the amount of $395,901, plus a $40,000 contingency.
  2. Appropriate $443,570 from the unobligated Desert Willow Capital Fund Balance to Account No. 4414195-4809200, DWGR Capital.
  3. Authorize the City Attorney to make any necessary non-monetary changes to the change order.
  4. Authorize the City Manager to execute the change order and to approve additional written contract change orders requests up to the contingency amount per Section 3.30.170 of the Palm Desert Municipal Code.
  5. 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.g

APPROVE CHANGE ORDER NO. 1 TO CONTRACT NO. C44470 WITH THE CHRISTMAS KINGS, INC., DBA SOUTHERN CALIFORNIA LIGHTING, INC., FOR ADDITIONAL SEASONAL LIGHTING (PROJECT NO. MLS00033)

• RECOMMENDATION:
  1. Approve Change Order No. 1 to Contract No. C44470 with The Christmas Kings, Inc., dba Southern California Lighting, Inc., of Lake Elsinore, California, in the cumulative amount of $122,000, plus an annual contingency amount of $50,000 for additional areas.
  2. Authorize extra work in the annual amount of $25,000 for unforeseen conditions and repairs.
  3. Authorize the City Manager to execute the agreement, change orders, amendments, and any other documents necessary to effectuate these actions.

13.h

APPROVE THE PURCHASE OF ONE 580 SN BACKHOE FROM SONSRAY MACHINERY

• RECOMMENDATION:
  1. Approve the purchase of a 580 SN BACKHOE from Sonsray Machinery in the amount of $154,264.73, plus $5,000 in contingency for unforeseen costs.
  2. Authorize the City Manager to execute all documents necessary to effectuate this action.

13.i

AUTHORIZE THE PURCHASE OF BENCH AND WASTE BIN REPLACEMENTS FOR EL PASEO FROM OUTDOOR CREATIONS, INC. (CONTRACT NO. C48230)

• RECOMMENDATION:
  1. Authorize the purchase of bench and waste bin replacements for El Paseo from Outdoor Creations, Inc., in the amount of $212,095.10. (Contract No. C48230)
  2. Authorize appropriation in the total amount of $212,095.10 from Reallocated Capital Improvement Bond Proceed Funds to Account Number 4514679-5000102.
  3. Authorize the City Attorney to make necessary nonmonetary changes to the agreement.
  4. Authorize the City Manager to execute the agreement and any other documents necessary to effectuate this action.

13.j

AWARD CONTRACT NO. C47810 TO SUPERB ENGINEERING, INC., FOR THE DESERT WILLOW PERIMETER LANDSCAPE AND LIGHTING REHABILITATION PHASE 3 (PROJECT NO. CLS00001)

• RECOMMENDATION:
  1. Award Contract No. C47810 to Superb Engineering, Inc., of Banning, California, in the amount of $1,031,528.03, plus a $200,000 contingency, for the Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 3.
  2. Authorize the City Attorney to make necessary nonmonetary changes to the contract.
  3. 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.
  4. 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.k

AMENDMENT NO. 4 TO CONTRACT NO. C28880 WITH BEST BEST & KRIEGER LLP FOR CITY ATTORNEY SERVICES, EXTENDING THE TERM TO AUGUST 31, 2025

• RECOMMENDATION:
  1. Approve Amendment No. 4 to Contract No. C28880 with Best Best & Krieger LLP for City Attorney Services, extending the term to August 31, 2025.
  2. Authorize the City Attorney to make necessary nonmonetary changes to the Agreement.
  3. Authorize the Mayor to execute the Agreement.

13.l

CONSIDERATION TO APPROVE CONSTRUCTION OF A NEW BREEZE BLOCK GARDEN WALL EXHIBIT AT 72861 EL PASEO

• RECOMMENDATION:

  Approve construction of a new breeze block garden wall exhibit at a city-owned property at 72861 El Paseo.

13.m

RATIFY A LETTER OF SUPPORT TO THE U.S. DEPARTMENT OF TRANSPORTATION FOR THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ ACCESS INDIAN CANYON DRIVE PROJECT

• RECOMMENDATION:

  Ratify a letter of support to the U.S. Department of Transportation for the Coachella Valley Association of Governments’ ACCESS Indian Canyon Drive Project.

13.n

RECEIVE AND FILE INFORMATIONAL REPORT ON ROAD CLOSURES SCHEDULED TO OCCUR ON EL PASEO ASSOCIATED WITH FISCAL YEAR 2024-25 ROUTINE SPECIAL EVENTS

• RECOMMENDATION:

  Receive and file informational report on road closures scheduled to occur on El Paseo associated with Fiscal Year 2024-25 routine special events:

  1. Desert Cancer Foundation’s Paint El Paseo Pink – October 19, 2024
  2. Palm Desert Area Chamber of Commerce’s Golf Cart Parade – October 27, 2024
  3. Martha’s Village and Kitchen’s Thanksgiving 5K – November 28, 2024
  4. Palm Desert Charter Middle School Foundation’s Panther 5K – January 26, 2025

13.o

RECOGNITION OF SERVICE AND AUTOMATIC REMOVAL OF SUSAN STAUBER FROM THE EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS

• RECOMMENDATION:
  1. Thank Susan Stauber for her many years of service on the El Paseo Parking & Business Improvement District (EPPBID) Board of Directors.
  2. Acknowledge the automatic removal of Susan Stauber from the EPPBID Board of Directors in accordance with Palm Desert Municipal Code Section 3.40.070(F).

13.p

RESOLUTION NO. 2024-068: SUPPORT FOR PROPOSITION 36, MODIFYING EXISTING LAWS RELATED TO PUNISHMENT OF THEFT AND DRUG CRIMES

• RECOMMENDATION:

  Adopt Resolution No. 2024-068 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING PROPOSITION 36, WHICH MODIFIES EXISTING LAWS RELATED TO PUNISHMENT FOR THEFT AND DRUG CRIMES BY CREATING INCENTIVES FOR ADDICTION TREATMENT, TREATING FENTANYL LIKE OTHER DANGEROUS DRUGS, AND DISCOURAGING RETAIL THEFT.”

13.q

AWARD CONTRACT NO. C48320 TO UNITED STORM WATER INC., FOR THE ON-CALL CATCH BASIN AND DRAIN CLEANING PROGRAM (PROJECT NO. MDR00004)

• RECOMMENDATION:
  1. Award Contract No. C48320 to United Storm Water, Inc., for the On-Call Catch Basin and Drain Cleaning Program in an amount not to exceed $309,317 for the first year and $175,321 annually thereafter for a three-year term, with two one-year extensions.
  2. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
  3. Authorize the City Manager to execute the agreement, any documents necessary to effectuate the actions taken herewith, and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code.

13.r

AMEND ELECTRONIC PAYMENT POLICY ALLOWING CONVENIENCE FEES TO BE PAID BY CUSTOMER

• RECOMMENDATION:

  Amend the Electronic Payment Policy (Policy FIN-001) allowing convenience fees to be paid by customer.

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

DIRECTION ON A RESOLUTION BEING CONSIDERED AT THE LEAGUE OF CALIFORNIA CITIES’ GENERAL ASSEMBLY MEETING

• RECOMMENDATION:

  Provide direction on whether to support or oppose the resolution proposed for the upcoming League of California Cities’ General Assembly Meeting.

14.b

APPOINTMENTS TO AN AD HOC CITY COUNCIL SUBCOMMITTEE ON THE UNIFIED DEVELOPMENT CODE

• RECOMMENDATION:

  Appoint two members of the City Council to an Ad Hoc Subcommittee on the Unified Development Code.

14.c

CONSIDERATION OF A SPONSORSHIP REQUEST FOR THE TOUR DE PALM SPRINGS IN COACHELLA VALLEY

• RECOMMENDATION:
  1. Approve a community event sponsorship in the amount of $30,000 payable to CVSPIN, Inc., for the 2025 Tour de Palm Springs in Coachella Valley charity bicycle ride and walk.
  2. Approve waiver of permit fees associated with event in an amount not to exceed $800.
  3. Appropriate $30,000 from the Unobligated General Fund Reserve for this purpose to Account No. 1104800-4306201.

15.

PUBLIC HEARINGS

None.

16.

INFORMATION ITEMS

None.

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, CMC 
Assistant City Clerk