HomeMy WebLinkAbout2023-05-25
Thursday, May 25, 2023
Minutes of the Regular Meeting of the Palm Desert City Council (CC),
Successor Agency to the Palm Desert Redevelopment Agency (SARDA),
and Housing Authority (HA)
Pursuant to Assembly Bill 2449, this meeting was conducted by teleconference and there
was in-person public access to the meeting location.
CALL TO ORDER:
A Regular Meeting of the Palm Desert City Council was called to order by Mayor Kelly
on Thursday, May 25, 2023, at 3:00 p.m. in the Council Chamber, City Hall, located at
73-510 Fred Waring Drive, Palm Desert, California.
RECESS TO CLOSED SESSION:
There being no member of the public wishing to speak on any closed session items, the
City Council recessed to Closed Session and reconvened at 4:00 p.m.
ROLL CALL:
Present: Councilmembers Jan Harnik, Gina Nestande, Karina Quintanilla, and Evan
Trubee; and Mayor Kathleen Kelly.
Absent: None.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Quintanilla led the Pledge of Allegiance.
INSPIRATION/INVOCATION:
Councilmember Harnik offered words of inspiration.
REPORT OF CLOSED SESSION:
Assistant City Attorney Shah announced direction was given but no reportable actions were
taken.
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PRESENTATIONS:
Mayor Kelly issued a proclamation to the Public Works Department staff in recognition of
Public Works Week and thanked them for their efforts to maintain and improve the
infrastructure and services throughout the City.
CITY MANAGER'S COMMENTS:
A. PALM DESERT’S 50TH ANNIVERSARY UPDATE
Public Affairs Manager Soule provided an update on the anniversary planning
activities to date and highlighted that an event planner would be contracted to plan a
celebratory event for November 18, 2023.
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION:
Mayor Pro Tem Quintanilla, Councilmember Trubee, and Councilmember Harnik reported
on their attendance at various meetings and events. Councilmember Harnik encouraged
residents to report issues such as graffiti using the City’s app. Mayor Kelly thanked the
Palm Desert Chamber of Commerce and City staff for their work on the State of the City
event and also thanked staff for coordinating a tour of the Housing Authority’s affordable
housing properties.
NON-AGENDA PUBLIC COMMENTS:
None.
1. CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to approve the consent calendar with the exception of
Item 1D which was removed for separate consideration.
A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to approve the Minutes of May 11, 2023.
B. APPROVAL OF WARRANTS
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to approve warrants issued for the period of
April 11, 2023, through May 11, 2023.
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C. RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE
LICENSES
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to receive and file the applications for Alcoholic
Beverage Licenses for:
1. PDC Seafood Group, Inc., 72363 Highway 111, Suite A
2. GGCook, Inc., dba Goody’s Café, 75046 Gerald Ford Drive, Suite B101
3. Haus of Pizza PD LLC, dba Haus of Pizza, 72795 Highway 111, Suite G2.
D. APPROVE A FIRST AMENDMENT TO THE SECOND REVISED AND
RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT (DDA)
BETWEEN THE CITY OF PALM DESERT AND DESERT WAVE VENTURES,
LLC
This item was removed for separate discussion and action.
E. RATIFY CONTRACT NOS. C36374, A43620, AND A43840 FOR HVAC
PREVENTATIVE MAINTENANCE AND REPLACEMENTS WITH DESERT AIR
CONDITIONING, INC., AND APPROVE CHANGE ORDER NO. 3 IN THE
AMOUNT OF $56,083
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to:
1. Ratify Contract Nos. C36374, A43620, and A43840 with Desert Air
Conditioning, Inc., for HVAC Preventative Maintenance, Replacements and
Repairs.
2. Authorize HVAC miscellaneous repairs and services in the annual amount of
$50,000 in FY 2022/23.
3. Approve Change Order No. 3 to Contract No. A43620 in the amount of $56,083
for additional replacements and increase the contract amount to $100,000.
4. Appropriate a total of $75,000 from the Committed Facility Reserve Fund
Balance to cover unforeseen HVAC expenses in various over obligated
accounts.
5. Authorize the City Manager to execute said Change Order.
F. SECOND READING AND ADOPTION OF ORDINANCE NO. 1394 AMENDING
PALM DESERT MUNICIPAL CODE CHAPTER 12.04 REGARDING
ENCROACHMENTS AND EXCAVATIONS
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to waive the second reading of the ordinance text in
its entirety and read by title only; and adopt Ordinance No. 1394.
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G. SECOND READING AND ADOPTION OF ORDINANCE NO. 1395 AMENDING
THE PALM DESERT MUNICIPAL CODE RELATIVE TO THE HOMELESSNESS
TASK FORCE MEMBERSHIP
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to waive the second reading of the ordinance text in
its entirety and read by title only; and adopt Ordinance No. 1395.
H. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT
EMPLOYEE ORGANIZATION EFFECTIVE JULY 1, 2023, THROUGH JUNE 30,
2026
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to:
1. Approve the Memorandum of Understanding between the City of Palm Desert
and the Palm Desert Employee Organization (PDEO) effective July 1, 2023 –
June 30, 2026.
2. Authorize the City Manager to take actions to implement the Memorandum of
Understanding between the City of Palm Desert and PDEO.
I. REQUEST FOR APPROVAL OF SALARY AND BENEFIT ADJUSTMENTS
BETWEEN THE CITY OF PALM DESERT AND CITY OF PALM DESERT’S
UNREPRESENTED EMPLOYEES EFFECTIVE JULY 1, 2023, THROUGH JUNE
30, 2026
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to:
1. Approve the Memorandum of Understanding between the City of Palm Desert
and the City of Palm Desert’s Unrepresented Employees effective July 1, 2023 –
June 30, 2026.
2. Authorize the City Manager to take actions to implement.
J. AWARD CONTRACT NO. C45280 FOR BUILDING INVENTORY AND ASSET
MANAGEMENT SERVICES TO BUREAU VERITAS, INC., IN THE AMOUNT OF
$229,986.26 (PROJECT 776-23)
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to:
1. Award Contract No. C45280 for building inventory and asset management
services to Bureau Veritas, Inc., the amount of $229,986.26.
2. Authorize the Finance Department to set aside a contingency amount of
$20,000 for unforeseen conditions.
3. Authorize the City Manager or designee to review and approve change order
requests for unanticipated conditions up to the contingency amount.
4. Authorize the City Manager or designee to review and approve written contract
amendments/extensions.
5. Authorize the Mayor to execute said agreement.
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K. AWARD CONTRACT NO. C45290 FOR ENGINEERING AND DESIGN
SERVICES TO THE ALTUM GROUP FOR ADA IMPROVEMENTS AT
CAHUILLA HILLS PARK IN THE AMOUNT OF $136,933 (PROJECT NO. 949-
23)
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to:
1. Award Contract No. C45290 for engineering and design services to The Altum
Group for ADA improvements at Cahuilla Hills Park in the amount of $136,933.
2. Authorize the Finance Department to set aside a co ntingency amount of
$20,000 for unforeseen circumstances.
3. Authorize the City Manager or designee to review and approve written contract
amendment requests up to the contingency amount.
4. Authorize the Mayor to execute said agreement.
L. AWARD CONTRACT NO. C45300 TO ADVANTEC CONSULTING
ENGINEERS, INC., OF IRVINE, CA, FOR PROFESSIONAL ENGINEERING
AND DESIGN SERVICES OF A NEW TRAFFIC SIGNAL AT THE
INTERSECTION OF COOK STREET AND MARKET PLACE DRIVE IN THE
AMOUNT OF $100,610 (PROJECT NO. 520-22)
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to:
1. Award Contract No. C45300 to ADVANTEC Consulting Engineers, Inc., of
Irvine, California, for professional engineering and design services of a new
traffic signal at the intersection of Cook Street and Market Place Drive in the
amount of $100,610.
2. Authorize the Finance Department to set aside a contingency amount of
$10,000 for unforeseen circumstances.
3. Authorize the City Manager to approve contract amendments up to the
contingency amount.
4. Authorize the City Manager or designee to execute the agreement and any
documents necessary to effectuate the actions taken herewith.
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EXCLUDED CONSENT CALENDAR:
D. APPROVE A FIRST AMENDMENT TO THE SECOND REVISED AND
RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT (DDA)
BETWEEN THE CITY OF PALM DESERT AND DESERT WAVE VENTURES,
LLC
Director of Economic Development Ceja presented a staff report and responded
to City Council inquiries.
MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER
TRUBEE, CARRIED 4-0-1 (MAYOR PRO TEM QUINTANILLA ABSTAINING), to:
1. Approve the First Amendment to the Second Revised and Restated DDA between
the City of Palm Desert and Desert Wave Ventures, LLC.
2. Authorize the Mayor to execute said Agreements.
3. Authorize the City Manager to make non-substantive changes to the First
Amendment to the Second Revised and Restated DDA as needed prior to
execution by the Mayor.
4. Authorize the City Manager to draft, negotiate, and execute other supporting
agreements that may be required by the DDA.
5. Authorize the City Manager to execute said agreements.
2. ACTION CALENDAR:
A. REQUEST FOR DIRECTION REGARDING RECOMMENDATIONS
CONTAINED IN THE 2023 BROKER’S REPORT
Business Advocate Mager narrated a PowerPoint presentation and responded to
City Council inquiries.
MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER
HARNIK, CARRIED 5-0, to:
1. Receive and file the 2023 Commercial Broker’s Report.
2. Direct City staff to:
a. Initiate necessary Zoning Ordinance Amendment (ZOA) to implement the
recommendations contained in the 2023 Commercial Broker’s Report to
add a new land use category for golf cart retail sales, remove certain land
uses from requiring a Conditional Use Permit (CUP), and to add a “non -
conforming” clause to office uses in the Downtown Edge Transition Overlay
(DE-O).
b. Initiate a Zoning Ordinance Amendment (ZOA) to require a Conditional Use
Permit for self-storage facilities within the Service Industrial Zoning District.
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B. REQUEST FOR DIRECTION REGARDING DISTRICTING OPTIONS
City Clerk Mejia narrated a PowerPoint presentation and responded to City Council
inquiries.
The following speakers provided public comment in support of additional districts:
Debra Vogler, Palm Desert resident
Joan Speer, Palm Desert resident
Ralph Perry, Palm Desert resident
Charlie Ara, Palm Desert resident
Van Tanner, Palm Desert resident
Dori Smith, Palm Desert resident
Julia Gomez, ACLU of Southern California
Lauren Wolfer, Palm Desert resident
Roberta Kay, Palm Desert resident
The following speakers provided public comment in opposition to additional
districts:
Gayle Moore, Palm Desert resident
Tom Mortensen, Palm Desert resident
Christal Prokay, Palm Desert resident
Jan Clement, Palm Desert resident
The City Council directed staff to conduct a feasibility analysis regarding:
1) whether the City Council may submit a ballot measure to authorize the City to
conduct mid-cycle redistricting, and 2) whether the City Council may submit a ballot
measure to require the City to transition to more numerous smaller districts upon
completion of 60% of new residential projects, north of Country Club Drive.
C. REQUEST FOR OUT-OF-STATE TRAVEL FOR MAYOR PRO TEM
QUINTANILLA TO ATTEND THE NALEO 40TH ANNUAL CONFERENCE JULY
11-13, 2023, IN NEW YORK, NEW YORK
City Clerk Mejia presented the staff report.
MOTION BY COUNCILMEMBER TRUBEE, SECOND BY COUNCILMEMBER
HARNIK, CARRIED 5-0, to amend the draft Annual Budget for Fiscal Year 2023/24
to include funding for an out-of-state travel request for Mayor Pro Tem Quintanilla
to attend the National Association of Latino Elected and Appointed Officials
(NALEO) 40th Annual Conference to be held on July 11 -13, 2023, in New York,
New York.
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3. PUBLIC HEARINGS:
None.
INFORMATION ITEMS:
None.
ADJOURNMENT:
The City Council adjourned at 6:38 p.m.
Respectfully submitted,
Níamh M. Ortega
Assistant City Clerk/Assistant Secretary
ATTEST:
Anthony J. Mejia, MMC
City Clerk/Secretary
APPROVED BY CITY COUNCIL: 6/8/2023
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