PALM DESERT CITY COUNCIL
MEETING AGENDA

Thursday, March 28, 2024

3:30 P.m. - 4:30 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, 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.

---

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:

4.a

Closed Session Meeting Minutes: March 14, 2024

4.b

Conference with Real Property Negotiations pursuant to Government Code Section 54956.8

4.b.1

Property Description: 73510 Fred Waring Drive and 74725 Hovley Lane E

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

4.b.2

Property Description: 73710 Fred Waring Drive; 73520 Fred Waring Drive; and 44400 Town Center Way

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

4.c

Conference with Labor Negotiators pursuant to Government Code Section 54957.6

Agency designated representatives: Todd Hileman/Chris Escobedo/Andrea Staehle
Employee organization: Palm Desert Employees Organization

5.

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

6.

PLEDGE OF ALLEGIANCE

Councilmember Kelly

7.

INSPIRATION

Mayor Pro Tem Harnik

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 March 14, 2024.

13.b

APPROVAL OF WARRANT REGISTERS

• RECOMMENDATION:

  Approve the warrant registers issued for the period 03/07/2024 to 03/20/2024.

13.c

ADOPTION OF ORDINANCE NO. 1409 A NOTICE OF EXEMPTION UNDER CEQA AND APPROVE CHANGE OF ZONE 24-0001 TO CHANGE ZONING DESIGNATION OF THE PROPERTIES LOCATED AT 73600 ALESSANDRO DRIVE FROM DOWNTOWN EDGE TRANSITION OVERLAY (DE-O) TO DOWNTOWN EDGE (DE)

• RECOMMENDATION:

  Adopt Ordinance No. 1409 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A CHANGE OF ZONE FROM DE-O TO DE FOR THE PROPERTIES LOCATED AT 73600 ALESSANDRO DRIVE (ASSESSOR’S PARCEL NUMBERS 627-153-018, AND 627-153-019) CASE NO. CZ24-0001”

13.d

APPROVE CHANGE ORDER NO. 3 INCREASING CONTRACT NO. C41880 WITH MARIPOSA LANDSCAPES, INC., OF IRWINDALE, CALIFORNIA, IN AN ANNUAL AMOUNT NOT TO EXCEED $150,000 AND ADD MAINTENANCE SERVICES TO NON-LANDSCAPED AREAS (PROJECT NO. MLS00008)

• RECOMMENDATION:
  1. Approve Change Order No. 3 to increase Contract No. C41880 with Mariposa Landscapes, Inc. of Irwindale, California, in an annual amount of $150,000 and add maintenance services to non-landscaped areas for a total annual contract amount of $661,408.56.
  2. Increase irrigation, plant, and related extra work and services to an annual amount of $125,000.
  3. Authorize the Finance Director to appropriate prorated funds in the amount of $75,000 from Unobligated General Fund to Account No. 1104310-4332000, R/M Streets for Fiscal Year 2023/24.
  4. Authorize the City Manager to approve change orders and amendments associated with this contract based on staff’s recommendations.
  5. Authorize the City Manager or designee to execute said change order.

13.e

AUTHORIZE AN AMENDMENT TO CONTRACT NO. A43790 WITH FG CREATIVE INCREASING COMPENSATION FOR PALM DESERT AQUATIC CENTER MARKETING SERVICES

• RECOMMENDATION:
  1. Authorize an amendment to Contract No. A43790 with FG Creative for Palm Desert Aquatic Center marketing services to increase compensation in the amount of $7,700.
  2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement.
  3. Authorize the City Manager to execute said agreement on behalf of the City.

13.f

AUTHORIZE AN AMENDMENT TO CONTRACT NO. C43370 TO INCREASE THE CITY'S CONTRACT WITH FG CREATIVE FOR EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT MARKETING SERVICES

• RECOMMENDATION:
  1. Authorize an amendment to Contract C43370 with FG Creative in the amount of $15,000.
  2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement.
  3. Authorize the City Manager to execute said agreement on behalf of the City.

13.g

APPROVE CULTURAL ARTS COMMITTEE FISCAL YEAR 2024/25 WORK PLAN

• RECOMMENDATION:

  Approve the Cultural Arts Committee’s Fiscal Year 2024/25 Work Plan.

13.h

APPROVE A FINAL SETTLEMENT AGREEMENT WITH THE MILLENNIUM PALM DESERT HOMEOWNERS’ ASSOCIATION (GENESIS HOA) TO INSTALL PERIMETER LANDSCAPING AS REQUIRED IN THE ORIGINAL SUBDIVISION LANDSCAPE PLAN

• RECOMMENDATION:
  1. Approve a Final Settlement Agreement No. C47330 with the Millennium Palm Desert HOA for a one-time reimbursement of the installation of 33 perimeter trees in an amount not to exceed $20,265.
  2. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
  3. Authorize the City Manager to execute the agreement and any documents necessary to effectuate the actions taken herewith.

13.i

REJECT THE PROPOSAL TO PURCHASE A DIESEL STREET SWEEPER AND APPROVE THE PROPOSAL TO PURCHASE A CNG STREET SWEEPER FROM PB LOADER CORPORATION TO IMPROVE CITYWIDE ROADWAY AND PARKING LOT MAINTENANCE

• RECOMMENDATION:
  1. Reject previous request to purchase an Elgin Broom Bear Diesel Street Sweeper from Haaker Equipment Company of La Verne, California.
  2. Authorize the purchase of a CNG Powered Street Chassis with XBroom (Street Sweeper) from PB Loader Corporation of Fresno, California, in the amount of $624,527.35.
  3. Authorize the Director of Finance to set aside a contingency of $25,000 for any unforeseen fees and ancillary equipment.
  4. Authorize the Finance Director to appropriate additional funds in the amount of $170,333.08 from unobligated Equipment Replacement Fund Balance to Account No. 5304310-4403000.
  5. Authorize City Manager to approve the use of the contingency and any documents necessary to effectuate actions taken herewith.

13.j

ADOPT RESOLUTION NO. 2024-010 AUTHORIZING DESTRUCTION OF OBSOLETE RECORDS FROM THE FINANCE DEPARTMENT

• RECOMMENDATION:

  Adopt Resolution No. 2024-010 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER RECORDS FROM THE FINANCE DEPARTMENT, AS INDICATED ON THE RECORDS RETENTION SCHEDULE (ADOPTED DECEMBER 15, 2022). RECORDS FROM 1988-2018 (EXHIBIT A)"

13.k

APPROPRIATE FUNDS FOR NEW LIBRARY FACILITY PROJECT AND AWARD ARCHITECT CONTRACT NO. C47340 TO RICHÄRD KENNEDY ARCHITECTS FOR CONCEPTUAL DESIGN SERVICES (PROJECT NO. CFA00027)

• RECOMMENDATION:
  1. Award Contract No. C47340 to Richärd Kennedy Architects for Conceptual Design of New Library Facility in an amount not to exceed $514,865 ($499,865 Basic Services + $15,000 reimbursables).
  2. Authorize the Director of Finance to set aside a contingency amount of $128,000 for unforeseen circumstances.
  3. Authorize the Director of Finance to set aside $157,135 for pre-construction services by other consultants still to be determined.
  4. Authorize the Director of Finance to appropriate funds in the amount of $800,000 from Uncommitted General Fund Reserves to Account Number 1104199-4501000 Inter-Fund Transfers Out.
  5. Authorize the Director of Finance to transfer funds to the Library Transfer-In Account No. 4520000-391000 and appropriate expenditure of funds to Capital Projects Account No. 4524136-4400100 for this purpose.
  6. Authorize the City Manager to review and approve written contract change orders requests per Section 3.30.170 of the Palm Desert Municipal Code.
  7. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
  8. Authorize the City Manager to execute the agreement and any documents necessary to effectuate the actions taken herewith.

13.l

AWARD CONTRACT NO. C47350 TO CAL-STRIPE, INC., FOR ON-CALL CITYWIDE STREET AND BIKE LANE STRIPING IMPROVEMENTS IN AN ANNUAL AMOUNT NOT TO EXCEED $450,000 (MST00002)

• RECOMMENDATION:
  1. Award a 27-month Contract No. C47350 to Cal-Stripe, Inc. for On-call Citywide Street and Bike Lane Striping Improvements in an annual amount not to exceed $450,000, with the option of two, one-year extensions.
  2. Authorize the City Manager to review and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code.
  3. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
  4. Authorize the City Manager to execute the agreement 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 AN EMERGENCY GRANT PROGRAM IN AN AGGREGATE AMOUNT NOT TO EXCEED $1,500,000 FOR COMMERCIAL PROPERTY OWNERS AND HOMEOWNERS ASSOCIATIONS LOCATED ALONG INTERSTATE 10 AND AFFECTED BY TROPICAL STORM HILARY

• RECOMMENDATION:
  1. Approve emergency grant program in an aggregate amount not to exceed $1,500,000 for commercial property owners and homeowners associations located along Interstate 10 and impacted by Tropical Storm Hilary.
  2. Authorize the Finance Director to appropriate funds in the amount of $1,500,000 from General Fund Emergency Reserves to Account No. 1104159-4219100.
  3. Authorize the City Attorney to prepare all necessary documents and make any non-monetary changes to the agreement.
  4. Authorize City Manager to execute agreements and any documents necessary to effectuate actions taken herewith.

14.b

APPROVE REPLACEMENT OF A BRONZE PLAQUE AT THE DESERT HOLOCAUST MEMORIAL

• RECOMMENDATION:

  Approve replacement of a bronze plaque at the Desert Holocaust Memorial.

14.c

APPROVE PLACEMENT OF PEACE POLE AT THE COMMUNITY ROSE GARDEN IN CIVIC CENTER PARK

• RECOMMENDATION:

  Approve Placement of Peace Pole at the Community Rose Garden in Civic Center Park.

14.d

RESOLUTION NO. 2024-011 ESTABLISHING PROCEDURES FOR THE SELECTION OF THE MAYOR AND MAYOR PRO TEM

• RECOMMENDATION:

  Adopt Resolution No. 2024-011 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING PROCEDURES FOR THE SELECTION OF THE MAYOR AND MAYOR PRO TEM.”

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.

None.

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