CITYOFPALM DESERT
PALM DESERT CITY COUNCIL (CC),
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA),
AND HOUSING AUTHORITY (HA) MEETING
(HYBRID MEETING)
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260
REGULAR MEETING AGENDA
Thursday, March 9, 2023
3:30 p.m. Closed Session
4:00 p.m. Regular Session
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be inperson access to the meeting location.
WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website www.cityofpalmdesert.org, under the “Council Agenda” link at the top of the homepage, or on the City’s YouTube Channel.
OPTIONS FOR PARTICIPATING IN THIS MEETING: Attend the meeting in our Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, CA 92260. To participate by email, internet, or phone, please see the detailed instructions on the last page of this agenda.
AGENDA Thursday, March 9, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
3:30 P.M. CLOSED SESSION
CALL TO ORDER
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the three-minute time limit. Speakers may attend in person or utilize one of the three options listed on the last page of this agenda.
RECESS TO CLOSED SESSION
CLOSED SESSION AGENDA
A. Closed Session Meeting Minutes: February 16, 2023
B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8:
1. Property Description: 73-710 Fred Waring Drive
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: Coachella Valley Association of Governments Under Negotiation: Price and Terms
C. Conference with Legal Counsel regarding Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)(2):
Two (2) matters that, under the existing circumstances, the City Attorney believes create significant exposure to litigation.
4:00 P.M. REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Quintanilla
INSPIRATION: Councilmember Harnik
REPORT OF CLOSED SESSION: City Attorney Hargreaves
AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. COLLEGE OF THE DESERT FREE ONLINE LANDSCAPING CERTIFICATION
TRAINING
AGENDA Thursday, March 9, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
CITY MANAGER COMMENTS
A. PUBLIC WORKS MAINTENANCE UPDATE
B. PALM DESERT 50TH ANNIVERSARY UPDATE
C. LICENSE PLATE READER UPDATE
D. MCCALLUM THEATRE MURAL UPDATE
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
NONAGENDA PUBLIC COMMENTS: This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may attend in person or utilize one of the three options listed on the last page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting.
1. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion.
A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
RECOMMENDATION: Approve the Minutes of February 16, 2023.
B. APPROVAL OF WARRANTS
RECOMMENDATION: Approve warrants issued during the period of October 10, 2022, through February 23, 2023.
C. APPOINT THREE DIRECTORS TO THE EL PASEO PARKING AND BUSINESS
IMPROVEMENT DISTRICT BOARD
RECOMMENDATION: Appoint Rebecca Elliot, Michelle Whittaker, and Alec Longmuir to the Board of Directors of the El Paseo Parking and Business Improvement District, each for three-year terms expiring June 30, 2026.
D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1390 AMENDING THE
PALM DESERT MUNICIPAL CODE TO UPDATE, CLARIFY, AND CODIFY BYLAWS AND GENERAL PROVISIONS FOR THE CITY’S BOARDS, COMMISSIONS,
COMMITTEES, AND TASK FORCES
RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1390.
AGENDA Thursday, March 9, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1391 REVISING CHAPTER 2.68 OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO THE
CULTURAL ARTS COMMITTEE
RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1391.
F. APPROVE ACCEPTANCE OF THE DONATION OF ASSESSOR PARCEL NUMBERS 628-030-009 (5.18 ACRES) AND 628-030-011 (4 ACRES) FROM DON SLAUGHTER
TO THE CITY OF PALM DESERT
RECOMMENDATION:
1. Approve acceptance of the donation of Assessor Parcel Numbers (APN) 628-030-009 (5.18 acres) and 628-030-011 (4 acres) to the City of Palm Desert from Don Slaughter.
2. Authorize the City Manager to sign the Donation Letter, subject to the satisfaction of the City Attorney.
G. ADOPT A RESOLUTION DECLARING CITY OF PALM DESERT OWNED PROPERTIES WITH ASSESSOR’S PARCEL NUMBERS 627-102-017 AND 627-102- 025 SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF
AVAILABILITY FOR THE SALE OF THE PROPERTIES
RECOMMENDATION:
1. Adopt a Resolution declaring City of Palm Desert properties with Assessor’s Parcel Numbers 627-102-017 and 627-102-025 surplus land for purposes of the Surplus Land Act.
2. Authorize staff to release a Notice of Availability for the sale of the properties.
H. ADOPT A RESOLUTION ESTABLISHING THE 2023 CITY COUNCIL GOALS RECOMMENDATION:
1. Adopt a Resolution establishing the City Council Goals for the 2023 calendar year.
2. Appoint an Ad Hoc Council Subcommittee to work with staff regarding development of and opportunities to enhance City-sponsored events; and marketing of existing and new City-sponsored event.
I. RECEIVE AND FILE THE CITY OF PALM DESERT AUDITED ANNUAL
COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR THE FISCAL YEAR ENDED JUNE 30, 2022
RECOMMENDATION: Receive and file the Audited Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2022.
AGENDA Thursday, March 9, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
J. RECEIVE AND FILE THE INDEPENDENT ACCOUNTANTS’ REPORT ON AGREEDUPON PROCEDURES PERFORMED ON THE MEASURE A TRANSPORTATION FUND FOR THE FISCAL YEAR ENDED JUNE 30, 2022
RECOMMENDATION: Receive and file the Independent Accountants’ Report on Agreed-Upon Procedures Performed on the Measure A Transportation Fund for the fiscal year ended June 30, 2022.
K. ACCEPT PUBLIC IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE,
THE LABOR AND MATERIALS, THE GRADING BONDS, AND ACCEPT A
MAINTENANCE BOND FOR EXTRA SPACE STORAGE
RECOMMENDATION:
1. Accept public improvements.
2. Release the Faithful Performance Bond in the amount of $8,263.50 and the Labor and Materials Bond in the amount of $16,527.00.
3. Release the Grading Bond in the amount of $6,821.55.
4. Accept the Maintenance Bond in the amount of $1,652.70.
L. RESOLUTION OF OPPOSITION TO INITIATIVE NO. 21-0042A1, A NOVEMBER 2024 BALLOT MEASURE THAT JEOPARDIZES CITIES’ ABILITY TO PROVIDE
ESSENTIAL SERVICES AND INFRASTRUCTURE
RECOMMENDATION: Adopt a Resolution of opposition to Initiative No. 21-0042A1, a November 2024 statewide ballot measure that jeopardizes cities’ ability to provide essential services and infrastructure.
M. LETTER OF SUPPORT FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS’ COMMUNITY FUNDING REQUEST FOR THE SOCAL
COMPREHENSIVE GOODS MOVEMENT PLAN AND IMPLEMENTATION
STRATEGY UPDATE
RECOMMENDATION: Authorize the Mayor to sign a letter of support for the Southern California Association of Governments’ (SCAG) Community Funding request for the SoCal Comprehensive Goods Movement Plan and Implementation Strategy update.
N. AUTHORIZE THE CITY MANAGER TO ENTER INTO A THREE-YEAR AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI) FOR AN
ENTERPRISE AGREEMENT (EA) SOFTWARE LICENSE IN THE AMOUNT OF $178,800
RECOMMENDATION: Authorize the City Manager to enter into a three-year agreement with Environmental Systems Research Institute, Inc. (ESRI) for an Enterprise Agreement (EA) Software License, in the amount of $178,800 plus taxes, to provide unlimited software licenses, maintenance, support, training, and technical assistance for GIS (Geographic Information Systems) initiatives.
AGENDA Thursday, March 9, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
O. REQUEST FOR OUT-OF-STATE TRAVEL FOR MAYOR PRO TEM QUINTANILLA TO ATTEND THE 40TH ANNUAL NALEO CONFERENCE JULY 11-13, 2023, IN NEW
YORK, NEW YORK
RECOMMENDATION: Authorize out-of-state travel for Mayor Pro Tem Quintanilla to attend the 40th annual National Association of Latino Elected and Appointed Officials (NALEO) Conference to be held on July 11-13, 2023, in New York, New York.
P. APPROVE AMENDMENT NO. 2 TO THE CITY MANAGER’S EMPLOYMENT AGREEMENT EFFECTIVE MARCH 1, 2023
RECOMMENDATION: Approve Amendment No. 2 to the City Manager’s Employment Agreement with L. Todd Hileman effective March 1, 2023.
CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time.
2. ACTION CALENDAR:
A. REQUEST FOR DIRECTION ON APPOINTMENT OF A POET LAUREATE RECOMMENDATION: Provide staff with direction on appointment of a Poet Laureate.
3. PUBLIC HEARINGS: The public may comment on individual Public Hearing Items within the three-minute time limit. The applicant or appellant will be provided up to five minutes to make their presentation. Speakers may utilize one of the three options listed on the last page of this agenda.
None.
4. INFORMATION ITEMS
None.
ADJOURNMENT
AGENDA Thursday, March 9, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
THREE OPTIONS FOR PARTICIPATING IN THE MEETING
If unable to attend the meeting in person, you may choose from the following options:
OPTION 1: VIA EMAIL
Send your comments by email to: [email protected].
Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the record and distributed to the City Council. This method is encouraged as it gives Councilmembers the opportunity to reflect upon your input. Emails will not be read aloud at the meeting.
OPTION 2: LIVE VIA ZOOM
1. Access via www.cityofpalmdesert.org/zoom and click “Launch Meeting,” or
2. Access www.zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572.
OPTION 3: LIVE VIA TELEPHONE
1. Dial any of the following: (669) 9009128 or (213) 3388477 or (669) 2192599.
2. Enter the Meeting ID: 833 6744 9572 followed by #.
3. Indicate that you are a participant by pressing # to continue.
4. During the meeting, press *9 to add yourself to the queue and wait for the Mayor or City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes.
___________________________________________________________________________
PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.cityofpalmdesert.org by clicking “Council Agenda” at the top of the page.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. ___________________________________________________________________________
AFFIDAVIT OF POSTING
I, Níamh M. Ortega, Assistant City Clerk of the City of Palm Desert, do hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and Housing Authority, was posted on the City Hall bulletin board and City website www.palmdesert.org no less than 72 hours prior to the meeting. /S/ Níamh M. Ortega
Assistant City Clerk