Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees

Regular Meeting Minutes

Thursday, September 26, 2024 at 4:00 P.m. - 5:00 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

A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, September 26, 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

Councilmember Trubee led the Pledge of Allegiance.

4.

INSPIRATION

Councilmember Kelly provided words of inspiration.

5.

AWARDS, PRESENTATIONS, AND APPOINTMENTS

5.a

PROCLAMATION: FIRE PREVENTION AND MINI-MUSTER MONTH

Mayor Quintanilla presented a proclamation to the staff of the Historical Society of Palm Desert in honor of Fire Prevention and Mini-Muster Month.

5.b

PRESENTATION: CALIFORNIA STATE UNIVERSITY SAN BERNARDINO PRESIDENT TOMAS MORALES

California State University, San Bernardino, President Tomas Morales provided an update highlighting the partnership with the City of Palm Desert, the iHub, and the CSUSB Palm Desert campuses, and shared the planned programming and opportunities that would be available now and in the future.

6.

CITY MANAGER COMMENTS

6.a

PRESENTATION ON CRIME TRENDS AND LAW ENFORCEMENT SERVICE LEVELS

Lt. Porras narrated a PowerPoint presentation and responded to City Council inquiries.

7.

MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION

Councilmembers reported on their attendance at various meetings and events. Councilmember Kelly noted that there was a petition submitted regarding Hovley Park maintenance and amenities, and responding to question, City Manager Hileman noted that a response had been provided to the resident and the City Council, and was included with the agenda materials as non-agenda public comment. Mayor Quintanilla noted the existence of a Hispanic American Chamber of Commerce in the Coachella Valley, and shared that Hispanic Heritage Month is recognized from mid-September through mid-October.

8.

NON­AGENDA PUBLIC COMMENTS

Alejandro Veracruz, Palm Desert resident, shared his opinions on candidates running for election to represent Districts 1, 2 and 3.

John Yambao stated he took offense to the tone of comments of two speakers at the prior Council meeting who spoke regarding the mayor's demeanor and previous Facebook post relative to the Patriot Store; expressed gratitude for the City Council for their service; and shared his experience at and opinion of the Patriot Store on El Paseo.

Brad Anderson, Rancho Mirage resident, encouraged residents to examine the political cycle in Palm Desert and other valley agencies, and spoke in opposition to Measure G.

Storm Jenkins, Palm Desert resident, expressed he took exception to the Mayor's comments regarding her Facebook post relative to the Patriot Store, noted he had proposed a resolution to censure the Mayor, encouraged the City Council to place the item on the next agenda for consideration, expressed disappointment that he has not been contacted by any Councilmember to date, and encouraged them to contact him directly for discussion.

9.

CONSENT CALENDAR

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

  To approve the consent calendar excluding Items 9c, 9e, 9f, 9i, 9j, 9p and 9s.

  Motion Carried (5 to 0)

9.a

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

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

  Approve the Minutes of September 12, 2024.

  Motion Carried (5 to 0)

9.b

APPROVAL OF WARRANT REGISTERS

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

  Approve the warrant registers issued September 5 - September 13, 2024.

  Motion Carried (5 to 0)

9.d

APPROVAL OF AGREEMENTS NO. C48380 A-Z WITH WORKDAY, INC., RELATED TO THE IMPLEMENTATION OF A NEW ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM

• Motion by: Councilmember Kelly
  Seconded by: Mayor Pro Tem Harnik
  1. Approve Agreements No. C48380 A-Z with Workday, Inc., for the acquisition and implementation of a new enterprise resource planning system.
  2. Appropriate $393,353 to the Information Technology Special Programs Account Number 1104190-4390000 from unobligated General Fund Reserves for implementation, training, and 10% contingency.
  3. Authorize the City Attorney to make any necessary nonmonetary changes to the agreements.
  4. Authorized the City Manager to execute the agreement, future amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.
  Motion Carried (5 to 0)

9.g

RESOLUTION NO. 2024-070 TO ADOPT THE CITY OF PALM DESERT CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT

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

  Adopt Resolution No. 2024-070 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE CITY’S CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION 2022-97.”

  Motion Carried (5 to 0)

9.h

AWARD CONTRACTS NO. C48400 A-C TO MULTIPLE CONSULTANTS FOR GRANT WRITING AND ADVOCACY SERVICES

• Motion by: Councilmember Kelly
  Seconded by: Mayor Pro Tem Harnik
  1. Award Contracts No. C48400 A-C to The Criscom Company, Ardurra Group, Inc., and Engineering Solutions Services for the grant writing and advocacy services for an aggregate amount between selected firms, not to exceed $200,000 per fiscal year.
  2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreements.
  3. Authorize the City Manager to execute the agreements and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.
  Motion Carried (5 to 0)

9.k

APPROVAL OF THE 2024 PALM DESERT GOLF CART PARADE

• Motion by: Councilmember Kelly
  Seconded by: Mayor Pro Tem Harnik
  1. Permit the sale, possession, and consumption of alcoholic beverages on Public Property Pursuant to Palm Desert Municipal Code 9.58.040.
  2. Waive Palm Desert Municipal Code Section 11.01.140 – Amplified Sound.
  3. Authorize the City Manager to execute any documents that may be necessary to facilitate the event.
  Motion Carried (5 to 0)

9.l

HOUSING AUTHORITY RESOLUTIONS NO. HA-125 and HA-126 TO AMEND AND RESTATE THE BYLAWS OF THE PALM DESERT HOUSING AUTHORITY AND PALM DESERT HOUSING COMMISSION

• Motion by: Councilmember Kelly
  Seconded by: Mayor Pro Tem Harnik
  1. Adopt Resolution No. HA-125 entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND RESTATING THE BYLAWS OF THE PALM DESERT HOUSING AUTHORITY.”
  2. Adopt Resolution No. HA-126 entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND RESTATING THE BYLAWS OF THE PALM DESERT HOUSING COMMISSION.”
  Motion Carried (5 to 0)

9.m

RATIFY TKE ENGINEERING, INC., FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES FOR THE HOUSING AUTHORITY PROPERTIES

• Motion by: Councilmember Kelly
  Seconded by: Mayor Pro Tem Harnik
  1. Ratify the award of contract to TKE Engineering, Inc., as an additional consultant to the On-Call Construction Management Services contract for the Housing Authority properties in a shared aggregate amount with the City in an amount not to exceed $11,739,394.
  2. Authorize the City to administer the contract on behalf of the Housing Authority and authorize the City Manager to execute contract and subsequent task orders.
  3. Direct the Directors of Finance, Public Works, and Capital Projects to review annual expenditures and performance of the vendor under this contract.
  Motion Carried (5 to 0)

9.n

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

• Motion by: Councilmember Kelly
  Seconded by: Mayor Pro Tem Harnik
  1. Reject all proposals submitted for Courtesy Patrol Services at Palm Desert Housing Authority owned properties.
  2. Authorize staff’s request to solicit proposals for camera system installation and off-site monitoring services.
  Motion Carried (5 to 0)

9.o

AUTHORIZE PARTICIPATION AND FUNDING COMMITMENT FOR IMPERIAL IRRIGATION DISTRICT ENERGY PARTNERSHIP TO DEVELOP NEW SUBSTATION

• Motion by: Councilmember Kelly
  Seconded by: Mayor Pro Tem Harnik
  1. Authorize the City’s participation in the Imperial Irrigation District Energy Partnership for the development of a new substation, including a commitment to funding and reservation of energy capacity, and authorize the City Manager to execute all necessary agreements.
  2. Appropriate $950,000 from General Fund reserves and transfer out to Capital Project Budget North Sphere Electric Substation Account 4004258-4400100.
  Motion Carried (5 to 0)

9.q

RESOLUTION NO. 2024-071 APPROVING FINAL PARCEL MAP 37234 AND ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT

• Motion by: Councilmember Kelly
  Seconded by: Mayor Pro Tem Harnik
  1. Adopt Resolution No. 2024-071 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 37234”
  2. Authorize the City Attorney to make necessary nonmonetary changes to the agreement.
  3. Authorize the City Manager to execute the Subdivision Improvement Agreement.
  Motion Carried (5 to 0)

9.r

RESOLUTION NO. 2024-072 ADOPTING POLICY CLRK-002: THREATS OF VIOLENCE DIRECTED TOWARDS COUNCIL MEMBERS AND CANDIDATES

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

  Adopt Resolution No. 2024-072 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORIA, ADOPTING POLICY CLRK-002: THREATS OF VIOLENCE DIRECTED TOWARDS COUNCIL MEMBERS AND CANDIDATES.”

  Motion Carried (5 to 0)

9.c

RESOLUTION NO. 2024-069 TO APPROVE THE ARTIFICIAL TURF/SYNTHETIC GRASS ADMINISTRATIVE POLICY NO. PW-001

The following individuals spoke in opposition to Item 9c, Approval of Artificial Turf/Synthetic Grass Administrative Policy:

• Mark Yates, PurchaseGreen representative
• Paul Donhauser, Estate Greens founder
• Joanne Borchert, PurchaseGreen owner
• Brad Anderson, Rancho Mirage resident

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

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

  Adopt Resolution No. 2024-069 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING ADMINISTRATIVE POLICY NO. PW-001 TO PROHIBIT THE USE OF ARTIFICAL TURF/SYNTHETIC GRASS IN PUBLIC RIGHTS-OF-WAY.”

  NOES (2)

  Councilmember Nestande, and Councilmember Trubee

  Motion Carried (3 to 2)

9.e

UNITE PALM DESERT AUTISM CERTIFICATION REIMBURSEMENT PROGRAM FOR PALM DESERT BUSINESSES

Josh Hines, Visit GPS representative, thanked the City Council and staff for bringing the item forward, and expressed his enthusiasm to see the item pass.

Economic Development Director Ceja provided a staff report and responded to City Council inquiries.

• Motion by: Mayor Quintanilla
  Seconded by: Councilmember Trubee
  1. Approve the Unite Palm Desert Autism Certification Reimbursement Program (ACRP).
  2. Authorize Director of Finance to transfer $30,000 from the Business Enhancement Program funds to Account No. 4254430-4393000 for the Autism Certification Reimbursement Program (ACRP).
  3. Authorize City Manager to execute all documents required to effectuate the program.
  Motion Carried (5 to 0)

9.f

AWARD CONTRACTS NO. C48390 A-Z TO MULTIPLE CONSULTANTS FOR ON-CALL TRAFFIC CONSULTING AND DESIGN SERVICES

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

• Motion by: Councilmember Trubee
  Seconded by: Councilmember Nestande
  1. Award Professional Services Agreements No. C48390 A-Z with multiple consultants for on-call traffic consulting and design services, with an annual aggregate amount not to exceed $1,000,000 (per fiscal year) for a three-year term, with two one-year extension options.
  2. Authorize the City Attorney to make necessary nonmonetary changes to the agreements.
  3. Authorize the City Manager to execute the agreements and to approve up to two additional one-year terms per contract.
  Motion Carried (5 to 0)

9.i

APPROVAL OF THE UNITE PALM DESERT BUSINESS EMERGENCY ASSISTANCE PROGRAM (BEAP)

Economic Development Director Ceja presented a staff report, noted the addition of a criterion that the business be in good standing with the City and in existence for three years, and responded to City Council inquiries.

• Motion by: Mayor Pro Tem Harnik
  Seconded by: Councilmember Kelly
  1. Approve the Unite Palm Desert Business Emergency Assistance Program (BEAP).
  2. Authorize Director of Finance to transfer $100,000 from the Business Enhancement Program funds to Account No. 4254430-4393000 for the Business Emergency Assistance Program (BEAP).
  3. Authorize the City Manager to modify evaluation guidelines and criteria for BEAP
  4. Authorize City Manager to execute all documents required to effectuate the program.

      

  Motion Carried (5 to 0)

9.j

INFORMATIONAL REPORT ON THE COMPREHENSIVE CLIMATE ACTION PLAN

Donald Ziegler, spoke in general support of Item 9j relative to the Comprehensive Climate Action Plan; expressed concern regarding items that were marked "No" on Page 4 of the report (Renewable Energy Generation); and acknowledged that the document is a working draft.

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

• Motion by: Councilmember Nestande
  Seconded by: Councilmember Trubee

  Receive and file an update on the Comprehensive Climate Action Plan.

  Motion Carried (5 to 0)

9.p

RATIFY AMENDMENT NOS. 1, 2, AND 3 TO CONTRACT NO. C44200 WITH HERMANN DESIGN GROUP FOR THE DESERT WILLOW GREENS AND TEE BOX RENOVATION AND TURF REDUCTION (MLS00005)

Public Works Director Alvarez presented a staff report and responded to City Council inquiries.

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande
  1. Ratify Amendment Nos. 1, 2, and 3 to Contract No. C44200 with Hermann Design Group for the Desert Willow Greens and Tee Box Renovation and Turf Reduction Project for a total amount of $31,085.
  2. Authorize the City Manager to execute the amendment and any documents necessary to effectuate the actions taken herewith.
  Motion Carried (5 to 0)

9.s

STREET SWEEPING UPDATE

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

Councilmember Kelly requested a reliable schedule for street sweeping without the need for an app.

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

  Receive and file an update on street sweeping.

  Motion Carried (5 to 0)

10.

ACTION CALENDAR

10.a

APPROVE AN AFFORDABILITY RESTRICTION AND REGULATORY AGREEMENT (DENSITY BONUS) WITH BRAVO GARDEN APARTMENTS, LLC, INCLUDING A CONCESSION PROVIDING FOR REIMBURSEMENT OF IMPACT FEES FROM THE CITY’S HOUSING MITIGATION FEES

Mayor Pro Tem Harnik recused herself, consistent with FPPC Regulation 18707, due to business entity interests in her spouse's corporation, Brian S. Harnik, Inc., and the Roemer and Harnik LLP law firm of which he is a partner. In addition, she recused herself due to a source of income interest in clients of her husband's law firm, which includes Claudio Bravo, a principal of the applicant. Mayor Pro Tem Harnik left the Council Chamber at this time.

Senior Grants & Contracts Analyst Barron narrated a PowerPoint presentation and responded to City Council inquiries.

Following the vote, Mayor Pro Tem Harnik returned to the Council Chamber.

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Trubee
  1. Adopt Resolution No. 2024-073 entitled, “A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING (1) AFFORDABILITY RESTRICTIONS AND REGULATORY AGREEMENT (DENSITY BONUS) WITH BRAVO GARDEN APARTMENTS, LLC REGARDING A MULTI-FAMILY RESIDENTIAL DEVELOPMENT WITH 388 TOTAL APARTMENTS, WITH 20% RESTRICTED TO VERY LOW INCOME AND LOW INCOME HOUSEHOLDS; AND (2) A DEVELOPMENT FEE AGREEMENT FOR THE USE OF HOUSING MITIGATION FEES IN AN AMOUNT NOT TO EXCEED $180,000 AS REIMBURSEMENT TO DEVELOPER IN EXCHANGE FOR RESTRICTING 5 UNITS TO QUALIFYING HOUSEHOLDS WITH LOCAL EMPLOYEES.”
  2. Approve the Affordability Restriction and Regulatory Agreement by and between the City of Palm Desert and Bravo Garden Apartments, LLC, in accordance with the conditions of approval adopted by Resolution No. 2018-18, for the development of 388 units known as Bravo Garden Apartments, a multifamily rental housing project located at located on Hovley Lane, Palm Desert, California, substantially as to form.
  3. Authorize the Development Fee Agreement for the use of Housing Mitigation fees up to $180,000 to reimburse the developer for the fees attributable to five units restricted for occupancy for qualifying residents who work within the Palm Desert city limits.
  4. Authorize the City Manager or his designee, and/or legal counsel to negotiate and finalize the Agreement, and the documents described in the Agreement or otherwise deemed necessary or proper to effectuate the conditions of approval, with such changes thereto as the City Manager or his designee, in consultation with the City’s legal counsel, may deem appropriate or necessary and consistent with the purposes of the Agreement and conditions of approval, with such approval to be conclusively evidenced by the execution and delivery thereof.
  5. Authorize the Mayor and/or City Manager to execute and deliver the finalized Agreement, for and in the name of the City, the Agreement and other documents, as described in Recommendation No. 2, and authorize the City Clerk to record the Agreement.
  Motion Carried (4 to 0)

11.

PUBLIC HEARINGS

11.a

HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT – PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS ON FISCAL YEAR 2023/24 COMPREHENSIVE ANNUAL PERFORMANCE AND EVALUATION REPORT

Mayor Quintanilla opened the public hearing.

Senior Grants & Contracts Analyst Barron narrated a PowerPoint presentation and responded to City Council inquiries.

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

• Motion by: Councilmember Kelly
  Seconded by: Councilmember Nestande

  Conduct a public hearing to receive public comments on the City’s Fiscal Year 2023/24 Comprehensive Annual Performance and Evaluation Report.

  Motion Carried (5 to 0)

12.

INFORMATION ITEMS

None.

13.

ADJOURNMENT

The City Council adjourned at 5:54 p.m.

14.

PUBLIC NOTICES