HomeMy WebLinkAbout2024-09-261
Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment
Agency, Housing Authority, and Board of Library Trustees
Regular Meeting Minutes
September 26, 2024, 4:00 p.m.
Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly,
Councilmember Gina Nestande, Councilmember Evan Trubee,
Mayor Karina Quintanilla
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.
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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. NON-AGENDA 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, which
were held over for separate discussion.
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)
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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)
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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)
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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)
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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)
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CONSENT ITEMS HELD OVER
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)
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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)
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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)
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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.
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.
[MOTION CONTINUES ON PAGE 11]
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[MOTION CONTINUED FROM PAGE 10]
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.
RECUSED (1): Mayor Pro Tem Harnik
Motion Carried (4 to 0)
Following the vote, Mayor Pro Tem Harnik returned to the Council Chamber.
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.
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13. ADJOURNMENT
The City Council adjourned at 5:54 p.m.
Respectfully submitted,
_________________________
Níamh M. Ortega, CMC
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
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