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

Regular Meeting Minutes

Thursday, October 12, 2023 at 3:30 P.m. - 4:30 P.m.

Council Chamber, City Hall

73-510 Fred Waring Drive

Palm Desert, California

Present:

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

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1.

CALL TO ORDER - CLOSED SESSION - 3:30 P.M.

A Regular Meeting of the Palm Desert City Council was called to order by Mayor Kelly on Thursday, October 12, 2023, at 3:30 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

3.

RECESS TO CLOSED SESSION

Mayor Kelly adjourned to Closed Session at 3:30 p.m.

4.

CLOSED SESSION AGENDA

4.a

Closed Session Meeting Minutes: September 28, 2023

4.b

Conference with Real Property Negotiations pursuant to Government Code Section 54956.8

4.b.1

PROPERTY DESCRIPTION: 45653 PORTOLA AVENUE, APN 627-351-010

Agency: City of Palm Desert
City Negotiator: Todd Hileman/Veronica Chavez/Jessica Gonzales
Negotiating Parties: N/A
Under Negotiation: Price and Terms

5.

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

6.

PLEDGE OF ALLEGIANCE

Councilmember Nestande led the Pledge of Allegiance.

7.

INSPIRATION

Councilmember Harnik provided words of inspiration.

8.

REPORT OF CLOSED SESSION

Assistant City Attorney Shah stated that no reportable actions were taken by the City Council.

9.

AWARDS, PRESENTATIONS, AND APPOINTMENTS

9.a

PROCLAMATION - COMMUNITY PLANNING MONTH

Mayor Kelly presented a proclamation to the staff of the City of Palm Desert's Planning Department, and thanked them for all of their efforts. Development Services Director Cannone thanked the City for its recognition and expressed his gratitude to his staff.

9.b

PRESENTATION - MCCALLUM THEATRE

Mitch Gershenfeld, President and CEO of the McCallum Theatre, narrated a PowerPoint presentation and responded to City Council inquiries.

10.

CITY MANAGER COMMENTS

Lt. Daniel Porras provided a report to the City Council and invited the public to continue to engage with the Sheriff's Department.

City Manager Hileman introduced Daniel Hurtado to the City Council as the City's new Emergency Services Coordinator.

11.

MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION

Councilmembers reported on their attendance at various meetings and events. At the request of Councilmember Nestande, as amended by Councilmember Harnik, the City Council agreed to request a presentation from the Coachella Valley Conservation Commission addressing dust and air quality issues. Mayor Pro Tem Quintanilla shared that there was an ongoing investigation into ManorCare facilities, noting the Attorney General would be on site to receive public comment and information on October 24, 2023. Mayor Kelly requested that staff investigate the feasibility of incorporating microgrids into the City's development standards; Mayor Pro Tem Quintanilla supported the request.

12.

NON­AGENDA PUBLIC COMMENTS

Linda Salas, Palm Desert resident, spoke regarding Councilmember Nestande's compliance with laws governing remote participation. The matter was referred to the City Clerk for follow up.

Brad Anderson, Rancho Mirage resident, spoke regarding remote attendance at meetings, and suggested the City Council review the process for reappointment to the City's boards, commissions, and committees.

13.

CONSENT CALENDAR

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

  To approve the consent calendar as presented.

  Motion Carried (5 to 0)

13.a

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

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

  Approve the Minutes of September 28, 2023.

  Motion Carried (5 to 0)

13.b

APPROVAL OF WARRANTS

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

  Approve the warrants issued for the period 8/28/2023 to 9/28/2023.

  Motion Carried (5 to 0)

13.c

ACCEPT RESIGNATION FROM THE EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS

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

  With regret, accept the resignation of Sonia Campbell from the El Paseo Parking and Business Improvement District (EPPBID) Board of Directors.

  Motion Carried (5 to 0)

13.d

ACCEPT RESIGNATION FROM THE JOSLYN COVE SENIOR CENTER BOARD

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

  With regret, accept the resignation of Peg Leo from The Joslyn Cove Senior Center Board effective immediately.

  Motion Carried (5 to 0)

13.e

AUTHORIZE RELEASE OF REQUEST FOR PROPOSALS FOR THE SALE OF CITY-OWNED PROPERTY WITH ASSESSORS PARCEL NUMBERS 625-082-022 AND 625-082-023 SUBJECT TO RECEIPT OF A SURPLUS LAND COMPLIANCE LETTER FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

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

  Authorize the release of a Request for Proposals (RFP) for the sale of city-owned parcels with APN(s) 625-082-022 and 625-082-023, subject to receipt of a Surplus Land Act (SLA) compliance letter from the Department of Housing and Community Development (HCD).

  Motion Carried (5 to 0)

13.f

APPROVE CHANGE ORDER NO. 1 TO CONTRACT HA45140 WITH JACOBSSON ENGINEERING CONSTRUCTION, INC., FOR THE FURNISHING AND INSTALLATION OF 10 CARPORTS AT ONE QUAIL PLACE IN THE AMOUNT OF $601,000 (PROJECT CHA00003)

• Motion by: Mayor Pro Tem Quintanilla
  Seconded by: Councilmember Trubee
  1. Approve Change Order No. 1 to Contract HA45140 with Jacobsson Engineering Construction, Inc., for the furnishing and installation of 10 carports at One Quail Place in the amount of $601,000.
  2. Authorize additional 10% contingency in the amount of $60,100 for unforeseen conditions.
  3. Appropriate $661,100 to Account Number No. 8714195-4331100 from the Housing Authority’s Committed Reserve Funds.
  4. Authorize the Executive Director or his designee to take any necessary actions to facilitate the agreement, to execute the Change Order and any documents necessary to effectuate the actions taken herewith.
  Motion Carried (5 to 0)

13.g

AUTHORIZE AN INCREASE TO THE NOT TO EXCEED AMOUNT FOR HD SUPPLY FACILITIES MAINTENANCE, LTD., IN THE AMOUNT OF $10,000 FOR FISCAL YEAR 2022/23

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

  Authorize an increase of $10,000 to the not to exceed amount of HD Supply Facilities Maintenance in Fiscal Year 2022/23 for an aggregate amount of $220,000.

  Motion Carried (5 to 0)

13.h

HOUSING AUTHORITY - 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 2023/24

• Motion by: Mayor Pro Tem Quintanilla
  Seconded by: Councilmember Trubee
  1. Authorize the use of, and establish an account with, Quill, LLC, for the purchase of office supplies for the management of the Housing Authority properties pursuant to Section 3.30.160 (E) of the Palm Desert Municipal Code in an amount not to exceed $53,700 for Fiscal Year 2023/24.
  2. Authorize the use of, and establish an account with, National Services Company dba Waxie Sanitary Supply for the purchase of janitorial and sanitary supplies for the Housing Authority properties pursuant to Section 3.30.160 (E) of the Palm Desert Municipal Code in an amount not to exceed $32,340 for Fiscal Year 2023/24.
  Motion Carried (5 to 0)

13.i

RATIFY A LETTER OF SUPPORT FOR COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ RECONNECTING COMMUNITIES PROGRAM FUNDING REQUEST FOR THE ACCESS INDIAN CANYON DRIVE PROJECT

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

  Ratify a letter of support for the Coachella Valley Association of Governments’ (CVAG) Reconnecting Communities Program funding request for the ACCESS Indian Canyon Drive Project.

  Motion Carried (5 to 0)

13.j

RECEIVE AND FILE THE INVESTMENT REPORT, GENERAL FUND, PARKVIEW OFFICE COMPLEX, AND DESERT WILLOW GOLF RESORT FINANCIAL REPORTS FOR YEAR ENDING JUNE 30, 2023, AND MONTH ENDING AUGUST 30, 2023

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

  Receive and file the monthly Investment Report, General Fund, Parkview Office Complex, and Desert Willow Golf Resort Financial Reports for the year ending June 30, 2023, and month ending August 30, 2023.

  Motion Carried (5 to 0)

13.k

TROPICAL STORM HILARY RECOVERY UPDATE

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

  Receive and file update on the August 2023 Weather Event Storm Recovery and Redevelopment.

  Motion Carried (5 to 0)

14.

ACTION CALENDAR

14.a

AWARD OF CONTRACT NO. HA46390 FOR AFFORDABLE HOUSING COMPLIANCE AND PROPERTY MANAGEMENT SERVICES TO FALKENBERG/GILLIAM AND ASSOCIATES, INC., FOR A FIVE-YEAR TERM, WITH AN INITIAL ANNUAL COST FOR CALENDAR YEAR 2024 IN AN AMOUNT NOT TO EXCEED $655,032 (HA)

Housing Manager Gonzales presented a staff report and responded to City Council inquiries.

• Motion by: Councilmember Harnik
  Seconded by: Councilmember Trubee
  1. Approve the award of Contract No. HA46390 for Affordable Housing Compliance and Property Management Services for the Authority-owned Properties to Falkenberg/Gilliam and Associates, Inc., for a five (5) year term, with an initial cost for calendar year 2024 in an amount not to exceed $655,032 with prescribed allowable increases for subsequent years as noted in the contract.
  2. Authorize staff to finalize a contract (also referred to as the “Agreement”) with Falkenberg Gilliam & Associates, Inc., consistent with the terms of the RFP with non-substantive modifications concurred upon by the Executive Director and legal counsel.
  3. Authorize an appropriation in the amount of $13,368 from the Housing Authority’s Unobligated Fund Balance to the appropriate professional service accounts.
  4. Authorize the Chairperson to execute the Agreement and the Executive Director to execute any documents necessary to facilitate the contract award and implementation.
  Motion Carried (5 to 0)

14.b

INTRODUCTION OF ORDINANCE NO. 1401 AMENDING CHAPTER 5.04 OF THE PALM DESERT MUNICIPAL CODE REGARDING BUSINESS LICENSING AND TAXING PROCEDURES, AND MAKING A FINDING OF EXEMPTION UNDER CEQA

Development Services Director Cannone presented a staff report and responded to City Council inquiries.

• Motion by: Councilmember Trubee
  Seconded by: Councilmember Harnik

  Introduce Ordinance No. 1401 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING CHAPTER 5.04 REGARDING BUSINESS LICENSING AND TAXING AND MAKING FINDINGS UNDER CEQA.”

  Motion Carried (5 to 0)

14.c

AWARD CONTRACT NO. C45460 TO YUNEX, LLC, FOR THE TRAFFIC SIGNAL MODIFICATIONS AND HARDWARE UPGRADES IN THE AMOUNT OF $244,995 (PROJECT N0.MTS00001)

Public Works Deputy Director Chavez provided a staff report and responded to City Council inquiries.

• Motion by: Councilmember Harnik
  Seconded by: Councilmember Nestande
  1. Award Contract No. C45460 to Yunex, LLC, of Riverside, California, for the Traffic Signal Modifications and Hardware Upgrades in the amount of $244,995.
  2. Authorize the Director of Finance to set aside a contingency in the amount of $50,000 for unforeseen conditions.
  3. Authorize the City Manager to review and approve written requests for the use of contingency per Section 3.30.170 of the Palm Desert Municipal Code.
  4. Authorize the City Manager to execute the agreement.
  5. Authorize the City Manager to execute the Notice of Completion (NOC) and the Secretary to file the NOC upon satisfactory completion of the Project.
  Motion Carried (5 to 0)

14.d

AWARD CONTRACT NO. C46400 TO SPORTS FACILITIES MANAGEMENT, INC., FOR THE MANAGEMENT AND OPERATION OF THE PALM DESERT AQUATIC CENTER

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

  Continue this matter to the City Council meeting of October 26, 2023. The Mayor appointed a City Council subcommittee consisting of Councilmembers Harnik and Trubee to consider all factors relevant to this matter.

  (5 to 0)

15.

PUBLIC HEARINGS

15.a

RESOLUTION NO. 2023-047 WITHDRAWING FROM THE RIVERSIDE COUNTY LIBRARY SYSTEM, ASSUMING THE PROVISION OF LIBRARY SERVICES IN PALM DESERT, AND INDICATING ITS INTENT TO ESTABLISH AN INDEPENDENT MUNICIPAL LIBRARY - BUDGET APPROPRIATION AND TRANSFER

Mayor Kelly opened the public hearing.

Assistant City Manager Escobedo presented a staff report and responded to City Council inquiries.

Mayor Kelly closed the public hearing, there being no member of the public wishing to speak.

• Motion by: Mayor Pro Tem Quintanilla
  Seconded by: Councilmember Trubee
  1. Adopt Resolution No. 2023-047 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, WITHDRAWING FROM THE RIVERSIDE COUNTY LIBRARY SYSTEM, ASSUMING THE PROVISION OF LIBRARY SERVICES IN THE CITY OF PALM DESERT, AND INDICATING ITS INTENT TO ESTABLISH AN INDEPENDENT MUNICIPAL LIBRARY.”
  2. Appropriate a total of $1,321,527 to Library Account Fund (252) in the respective accounts listed below.
  3. Authorize transfer of $1,321,527 from unobligated General Fund Reserves to Library Services Account Number 2520000-391000.
  Motion Carried (5 to 0)

16.

INFORMATION ITEMS

17.

ADJOURNMENT

The City Council adjourned at 4:47 p.m.

18.

PUBLIC NOTICES