Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority

Regular Meeting Minutes

Thursday, May 23, 2024 at 4:00 P.m. - 6:00 P.m.

Council Chamber, City Hall

73-510 Fred Waring Drive

Palm Desert, California

Present:

• Mayor Pro Tem Jan Harnik, 
• Councilmember Kathleen Kelly, 
• Councilmember Gina Nestande, 
• Councilmember Evan Trubee, 
• and Mayor Karina Quintanilla 

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1.

CALL TO ORDER - 4:00 P.M.

A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, May 23, 2024, at 4:00 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.

2.

ROLL CALL

3.

PLEDGE OF ALLEGIANCE

Mayor Quintanilla led the Pledge of Allegiance.

Mayor Pro Tem Jan Harnik joined the meeting at 4:00 PM. ()

Councilmember Kathleen Kelly joined the meeting at 4:00 PM. ()

Councilmember Gina Nestande joined the meeting at 4:00 PM. ()

Councilmember Evan Trubee joined the meeting at 4:00 PM. ()

Mayor Karina Quintanilla joined the meeting at 4:00 PM. ()

4.

INSPIRATION

Mayor Pro Tem Harnik provided words of inspiration.

5.

AWARDS, PRESENTATIONS, AND APPOINTMENTS

5.a

UPDATE: LIFT TO RISE 2024-26 ACTION PLAN

Lift to Rise representatives Jessika Pollard and Ian Gabriel narrated a PowerPoint presentation and responded to City Council inquiries.

5.b

PRESENTATION: PALM SPRINGS AIR MUSEUM EDUCATION PROGRAM

Palm Springs Air Museum representative Fred Bell narrated a PowerPoint presentation and responded to City Council inquiries.

5.c

PROCLAMATION: NATIONAL PUBLIC WORKS WEEK

Mayor Quintanilla presented a proclamation to the Public Works staff, and Public Works Director Alvarez thanked his team for their hard work and professionalism.

6.

CITY MANAGER COMMENTS

None.

7.

MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION

Councilmembers reported on their attendance at various meetings and events. Mayor Pro Tem Harnik encouraged residents to view the mural tribute to Outdoor Workers on 42nd Avenue. Mayor Quintanilla requested an update regarding an additional treatment of mulch to mitigate sand build-up in affected areas.

8.

NON­AGENDA PUBLIC COMMENTS

Barbara Wasserkrug, Palm Desert resident, invited people to attend her seminar regarding artificial intelligence in health care.

Domitilia Clemente, Thermal resident, spoke in support of the Lift to Rise housing assistance program and action plan.

Esperanza Sotelo, spoke in support of the Lift to Rise housing assistance program action plan.

Vanessa, Thermal resident, spoke in support of the Lift to Rise housing assistance program action plan.

Debbie Green, Palm Desert resident, urged the City Council to support the annual Harvey Milk breakfast in future years, and expressed dissatisfaction with the City Council's actions relative to Mayor Quintanilla's attendance at the NALEO conference.

Liz Bauer, Palm Desert resident, spoke in opposition to the grading plans for the Refuge project in progress adjacent to her home, and urged the City Council to reconsider the project.

Janet Marchinsky, Palm Desert resident, spoke on behalf of the residents on her street in opposition to the grading plans for the Refuge project adjacent to their homes.

Brad Anderson, Rancho Mirage resident, spoke about a free adoption at the animal campus, opined a City official should be appointed to the Coachella Valley Energy Commission, and spoke in support of a resident requesting a street vacation adjacent to his property.

Dominic Moonhart spoke in support of expanding the Sunline geofenced area to include the Acrisure Arena, and expressed dissatisfaction with the City Council's actions relative to Mayor Quintanilla's attendance at the NALEO conference.

Stephen Nelson, Palm Desert resident, shared information about Pride Month which is typically celebrated in June, and requested an update on any events planned in Palm Desert.

Eric Livingston, Palm Desert resident, spoke in opposition to the grading plans for the Refuge project adjacent to his property.

Maria Torres, Palm Desert resident, spoke in opposition to the grading plans for the Refuge project adjacent to her family's property.

9.

CONSENT CALENDAR

Manny Mendez, Liberty Landscaping representative, spoke in opposition to Item 9s, Award of Contract to Excel Landscape, Inc. Deputy Director of Public Works Chavez provided a staff report and responded to City Council inquiries.

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande

  To approve the consent calendar as presented.

  Motion Carried (5 to 0)

9.a

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

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande

  Approve the Minutes of May 6, 7, and 9, 2024.

  Motion Carried (5 to 0)

9.b

APPROVAL OF WARRANT REGISTERS

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande

  Approve various warrant registers issued during the period of December 2023 through May 2024.

  Motion Carried (5 to 0)

9.c

RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande

  Receive and file application for alcoholic beverage licenses for:

  1. California Fine Wine & Spirits, LLC (Total Wine & More) 72339 HWY 111 #339, Palm Desert

  2. DDM Pizzeria Two, Inc (Blaze Pizza) 73393 HWY 111 Ste 2, Palm Desert

  Motion Carried (5 to 0)

9.d

ADOPTION OF ORDINANCE NO. 1414 ADDING SECTION 2.38.070 TO THE PALM DESERT MUNICIPAL CODE TO ALLOW FOR THE ELECTRONIC OR PAPER FILING OF CAMPAIGN FINANCE DISCLOSURE STATEMENTS

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande

  Adopt Ordinance No. 1414 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 2.38.070 TO THE PALM DESERT MUNICIPAL CODE APPROVING ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN FINANCE DISCLOSURE STATEMENTS.”

  Motion Carried (5 to 0)

9.e

DECLARATION OF SURPLUS PROPERTY AND AUTHORIZATION OF DISPOSAL

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande

  Declare the items listed on Attachment 1 of the staff report as surplus property and authorize disposal as appropriate.

  Motion Carried (5 to 0)

9.f

APPROVAL OF THE VISIT GREATER PALM SPRINGS SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande
  1. Approve and accept the updates to the Second Amended and Restated Joint Powers Agreement (JPA) for Visit Greater Palm Springs (VGPS).
  2. Authorize the Mayor and City Manager to execute all necessary documents to effectuate this action.
  Motion Carried (5 to 0)

9.g

APPROVE AMENDMENT NO. 3 TO CONTRACT NO. C41380 WITH KIMLEY-HORN AND ASSOCIATES, INC., OF INDIAN WELLS, CALIFORNIA, IN THE AMOUNT OF $310,000 FOR TRAFFIC ASSESSMENTS AND DESIGNS

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande
  1. Approve Amendment No. 3 to Contract No. C41380 with Kimley-Horn and Associates, Inc., of Indian Wells, California, for additional traffic engineering and design services in an amount not to exceed $310,000.
  2. Authorize the City Attorney to make any necessary non-monetary changes to the amendment.
  3. Authorize the City Manager or designee to execute the amendment and to review and approve written contract amendment requests per Section 3.30.170 of the Palm Desert Municipal Code for unforeseen circumstances.
  Motion Carried (5 to 0)

9.h

AWARD CONTRACT NO. C47580 TO GAMETIME IN THE AMOUNT OF $157,490 FOR IMPROVEMENTS AT CIVIC CENTER DOG PARK (PROJECT NO. CFA00011)

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande
  1. Waive any minor proposal irregularities and award Contract No. C47580 to Playcore Wisconsin, Inc., dba GameTime of Fort Payne, Alabama, in an amount not to exceed $157,490 for improvements at Civic Center Dog Park.
  2. Authorize the Director of Finance to set aside a contingency in the amount of $20,000 for unforeseen circumstances.
  3. Authorize the City Manager to review and approve change orders for any unforeseen circumstances per Section 3.30.170 of Ordinance No. 1392.
  4. Authorize the City Attorney to make any necessary, non-monetary changes to the Agreement.
  5. Authorize the City Manager to execute said agreement and contract amendments as needed to complete said work.
  Motion Carried (5 to 0)

9.i

APPROVE CIVIC ENGAGEMENT COMMITTEE FISCAL YEAR 2024-2025 WORK PLAN

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande

  Approve the Civic Engagement Committee’s Fiscal Year 2024/2025 Work Plan.

  Motion Carried (5 to 0)

9.j

ADOPT HOUSING AUTHORITY RESOLUTION NO. HA-121 ESTABLISHING DATES FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING COMMISSION DURING FISCAL YEAR 2024/2025

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande

  Adopt Resolution No. HA-121 entitled “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY, SETTING THE SCHEDULE FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING COMMISSION IN FISCAL YEAR 2024/2025.”

  Motion Carried (5 to 0)

9.k

AUTHORIZE AN AGREEMENT WITH GARLAND/DBS, INC., FOR ROOF REPAIRS AND RELATED SERVICES AS PART OF THEIR “DRY ZONE” PROGRAM BASED ON THE NATIONAL COOPERATIVE AGREEMENT WITH OMNIA PARTNERS, INC.

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande
  1. Authorize the use of Garland/DBS, Inc., for roof repairs and related services as part of their “Dry Zone” program pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code for Fiscal Year 2024/25 in an annual amount not to exceed $75,000 per fiscal year. Each occurrence shall not exceed $3,500 per occurrence without written approval of the Authority’s Representative or designee.
  2. Approve Agreement No. HA47590 with Garland/DBS for a term of three (3) years under the Omnia Partners, Inc., national cooperative agreement R230401 with an option to renew the contract annually for no more than two (2) additional one-year terms.
  3. Authorize the Executive Director, or his designee, to take any necessary actions to facilitate execution of agreement with Garland/DBS, Inc., and execute any documents necessary to effectuate the actions taken herewith.
  Motion Carried (5 to 0)

9.l

ACCEPTANCE OF A RESIGNATION FROM THE RESOURCE PRESERVATION AND ENHANCEMENT COMMITTEE

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande

  With regret, accept the resignation of Melinda Mason from the Resource Preservation and Enhancement Committee.

  Motion Carried (5 to 0)

9.m

AUTHORIZE THE USE OF QUILL, LLC., AND NATIONAL SERVICES COMPANY DBA WAXIE SANITARY SUPPLY FOR THE PURCHASE OF OFFICE, JANITORIAL, AND SANITARY SUPPLIES FOR THE PALM DESERT HOUSING AUTHORITY FOR FISCAL YEAR 2024/25

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande
  1. Authorize the use of Quill, LLC, for the reoccurring purchase of office supplies for the management of the Housing Authority properties, by property management, pursuant to Section 3.30.160 (E) of the Palm Desert Municipal Code in an amount not to exceed $58,600 or Fiscal Year 2024/25.
  2. Authorize the use of National Services Company dba Waxie Sanitary Supply for the reoccurring purchase of janitorial and sanitary supplies for the Housing Authority properties, by property management, pursuant to Section 3.30.160 (E) of the Palm Desert Municipal Code in an amount not to exceed $36,100 for Fiscal Year 2024/25.

  Motion Carried (5 to 0)

9.n

AUTHORIZE THE USE OF LOWE’S HOME CENTERS, INC., HOME DEPOT U.S.A., INC., HD SUPPLY FACILITIES MAINTENANCE, AND SHERWIN WILLIAMS FOR PURCHASE OF MATERIALS, SUPPLIES, PAINT AND APPLIANCES FOR PALM DESERT HOUSING AUTHORITY PROPERTIES FOR FISCAL YEAR 2024/25

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande
  1. Authorize the use of Lowe’s Home Centers, Inc., for the reoccurring purchase of materials, supplies, and appliances, by property management, pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code for FY 2024/2025 in an amount not to exceed $230,000.
  2. Authorize the use of Home Depot U.S.A., Inc. for the reoccurring purchase of materials and supplies, by property management, pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code for FY 2024/2025 in an amount not to exceed $60,000.
  3. Authorize the use of HD Supply Facilities Maintenance for the reoccurring purchase of materials and supplies, by property management, pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code for FY 2024/2025 in an amount not to exceed $320,000.
  4. Authorize the use of The Sherwin-Williams Company for the reoccurring purchase of paint and supplies, by property management, pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code for FY 2024/2025 in an amount not to exceed $80,000.
  5. Authorize the disposal and recycling of inefficient, damaged, obsolete, and non-functioning appliances as appropriate in accordance with Environmental Protection Agency (“EPA”) standards and declare as surplus at the time of removal from the properties.
  Motion Carried (5 to 0)

9.o

RATIFY A LETTER OF SUPPORT FOR THE UNIVERSITY OF CALIFORNIA, RIVERSIDE, 2024/25 CONGRESSIONAL COMMUNITY PROJECT FUNDING REQUEST FOR A CRITICAL MINERALS CHARACTERIZATION LABORATORY AT THE PALM DESERT CAMPUS

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande

  Ratify a letter of support for the University of California, Riverside, 2024/25 Congressional Community Project Funding Request for a Critical Minerals Characterization Laboratory at the Palm Desert Campus.

  Motion Carried (5 to 0)

9.p

RATIFY LETTERS OF OPPOSITION TO SENATE BILL 1037 (WIENER), PLANNING AND ZONING: HOUSING ELEMENT: ENFORCEMENT; and ASSEMBLY BILL 1886 (ALVAREZ), HOUSING ELEMENT LAW: SUBSTANTIAL COMPLIANCE: HOUSING ACCOUNTABILITY ACT

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande
  1. Ratify a letter of opposition to Senate Bill 1037 (Wiener), Planning and Zoning: Housing Element: Enforcement.
  2. Ratify a letter of opposition to Assembly Bill 1886 (Alvarez), Housing Element Law: Substantial Compliance: Housing Accountability Act.
  Motion Carried (5 to 0)

9.q

RATIFY LETTERS OF SUPPORT FOR COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FUNDING REQUESTS UNDER THE EXTREME HEAT AND COMMUNITY RESILIENCE PROGRAM

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande

  Ratify a letter of support for the Coachella Valley Association of Governments (CVAG) Cool Asphalt and Shading Plan and CV Link Mobile Hydration Initiative funding requests to the Governor’s Office of Planning and Research.

  Motion Carried (5 to 0)

9.r

AUTHORIZE OUT-OF-STATE TRAVEL FOR CITY MANAGER TO ATTEND INTERNATIONAL COUNCIL OF SHOPPING CENTERS IN LAS VEGAS, NEVADA

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande

  Authorize out-of-state travel for the City Manager to attend the International Council of Shopping Centers on May 18 through May 20, 2024, in Las Vegas, Nevada.

  Motion Carried (5 to 0)

9.s

AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 3 TO EXCEL LANDSCAPE, INC., CORONA, CALIFORNIA, IN THE ANNUAL AMOUNT OF $418,680 PLUS EXTRA WORK AND SERVICES FOR AN ANNUAL AMOUNT NOT TO EXCEED $85,000 (PROJECT NO. MLS00010) (CC, HA)

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande
  1. Award Contract No. HA47600 for Landscape Maintenance Area No. 3 (LMA 3) to Excel Landscape, Inc., of Corona, CA, in the annual amount of $418,680.
  2. Authorize extra work and services in an annual amount not to exceed $85,000.
  3. Authorize the Executive Director or designee 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.
  4. Authorize the Executive Director to execute the said agreement.
  Motion Carried (5 to 0)

9.t

APPROVE CONTRACT NO. C47160 WITH AMERICAN ASPHALT SOUTH, INC., FOR THE CV LINK ENHANCEMENTS AND SLURRY SEAL PROJECT (PROJECT CST00021)

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande
  1. Approve Contract No. C47160 in the amount of $3,048,952.10 to American Asphalt South, Inc., of Riverside, CA, for the CV Link Enhancements and Slurry Seal Project (Project No. CST00021).
  2. Authorize the Director of Finance to set aside a contingency in the amount of $305,000.
  3. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
  4. Authorize the City Manager to execute the agreement.
  5. Authorize the City Manager to review and approve written requests for the use of contingency per Section 3.30.170B of the Palm Desert Municipal Code.
  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.
  Motion Carried (5 to 0)

10.

ACTION CALENDAR

10.a

REQUEST FOR DIRECTION ON THE DINING DECK PROGRAM AND EL PASEO IMPROVEMENT SCHEDULE AND ESTABLISH A LICENSE AGREEMENT FOR USE OF THE RIGHT-OF-WAY

Economic Development Director Ceja narrated a PowerPoint presentation and responded to City Council inquiries.

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande
  1. Separate the El Paseo Street Rehabilitation project into two separate projects to take place over two consecutive summers beginning Summer 2024.
  2. Allow El Paseo dining deck operators to maintain current operations through May 2025 subject to approval of an annual temporary use permit with removal of the dining decks prior to Phase Two of the El Paseo Street Rehabilitation project.
  Motion Carried (5 to 0)
• Motion by: Mayor Pro Tem Harnik
  Seconded by: Councilmember Trubee
  1. Establish a License Agreement for dining deck use of the public right-of-way.
  2. Put in place an annual lease blended rate of 25% to businesses.

  NOES (2)

  Councilmember Kelly, and Mayor Quintanilla

  Motion Carried (3 to 2)

10.b

REQUEST FOR DIRECTION ON PROJECT CST00002 WALK AND ROLL PD (PHASE 3)

Senior Project Manager Leyva narrated a PowerPoint presentation and responded to City Council inquiries.

Lindsey Harris, Palm Desert resident, spoke in opposition to sidewalks on San Juan and the neighborhood.

Frank Scarna, Palm Desert resident, spoke in opposition to sidewalks on San Juan and the neighborhood.

Lucia Lewis, Palm Desert resident, spoke in opposition to sidewalks in the neighborhood.

Dean Ricker, Palm Desert resident, urged the City Council to consider adding the sidewalk to the street in order to narrow the street, rather than on to the residents' properties.

• Motion by: Mayor Pro Tem Harnik
  Seconded by: Councilmember Trubee

  Approve staff recommendations to:

  1. Exclude the addition of sidewalk on San Juan Drive.
  2. Coordinate the reinstallation of fences/landscaping (where needed).
  3. Evaluate and implement traffic calming measures (where possible) as follows:
     1. Narrow the streets.
     2. Speed Cushions.
     3. Speed Feedback Signs.
     4. Stop Sign Rapid Flashing Beacons at crosswalks.
  Motion Carried (5 to 0)

10.c

REQUEST FOR DIRECTION ON THE PALM DESERT COMMUNITY GALLERY

Economic Development Deputy Director Lawrence presented a staff report and responded to City Council inquiries.

• Motion by: Councilmember Kelly
  Seconded by: Mayor Pro Tem Harnik

  Cease operation of the Community Gallery and keep the historic timeline up.

  Motion Carried (5 to 0)

10.d

APPROVE A TWO-YEAR EXTENSION TO THE PALM DESERT POET LAUREATE AGREEMENT NO. C46360

Management Analyst Powell provided a staff report and responded to City Council inquiries.

• Motion by: Mayor Pro Tem Harnik
  Seconded by: Councilmember Nestande

  Approve a two-year extension to the Palm Desert Poet Laureate Agreement No. C46360 with Lori Davis.

  Motion Carried (5 to 0)

11.

PUBLIC HEARINGS

None.

12.

INFORMATION ITEMS

None.

13.

ADJOURNMENT

The City Council adjourned at 6:47 p.m.

14.

PUBLIC NOTICES