Palm Desert City Council - Regular Meeting - November 16, 2023
1. CALL TO ORDER - 4:00 P.M.
A Regular Meeting of the Palm Desert City Council was called to order by Mayor Kelly on Thursday, November 16, 2023, at 4:00 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.
2. CLOSED SESSION AGENDA
3. ROLL CALL
*Mayor Pro Tem Quintanilla remote participated in accordance with AB 2449.
4. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Quintanilla led the Pledge of Allegiance.
5. INSPIRATION
Councilmember Trubee provided words of inspiration.
6. AWARDS, PRESENTATIONS, AND APPOINTMENTS
Mayor Kelly announced that two proclamations were recently issued in recognition of Lung Cancer Awareness Month, and the life and philanthropy of Peggy Cravens.
6.a
CIVIC ACADEMY PARTICIPANT RECOGNITION
1. Civic Academy 2023.pdf
Community Relations Supervisor Penta provided an overview of the Civic Academy program. Mayor Kelly presented certificates to the first session's participants.
6.b
SCE TRANSMISSION BILLING UPDATE
1. 01 SCE Presentation.pdf
Southern California Edison's Government Relations Manager Aaron Thomas narrated a PowerPoint presentation. Mr. Thomas and SCE representative Ron Gales responded to City Council inquiries.
7. CITY MANAGER COMMENTS
7.a
50th ANNIVERSARY UPDATE
1. Supplemental - 50th Anniversary.pdf
Deputy Director of Economic Development Lawrence provided an update on the City's 50th anniversary celebration.
7.b
SUNBURST INSTALLATION UPDATE
1. CM Comment - Sunburst.pdf
Management Analyst Powell shared a time-lapse video of the sculpture installation and responded to City Council inquiries.
8. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
Councilmembers reported on their attendance at various meetings and events. Mayor Kelly noted Lifestream's recognition of Councilmember Harnik as Humanitarian of the Year. Mayor Pro Tem Quintanilla requested that City staff gather information from Palm Springs and Riverside County emergency response teams to research modeling an ordinance that protects against price-gouging during emergencies. Mayor Kelly supported the request and suggested an update be included in the Weekly Administrative Report. Councilmember Harnik requested that staff consider qualifying projects for the 2024 Southern California Association of Governments' Go Human grant cycle. Mayor Kelly referenced the Resource Preservation and Enhancement Committee's previous research on the use of gas leaf blowers in Palm Desert and requested that staff be mindful of grant opportunities that may facilitate the implementation of electric vacuums rather than gas blowers. Councilmembers indicated their support.
9. NONAGENDA PUBLIC COMMENTS
1. Supplemental - Non Agenda Public Comment.pdf
Brad Anderson
, Rancho Mirage resident, expressed his opposition to elected officials using remote locations to attend meetings, and asserted that items should be heard in the order listed on the agenda to aid the public in planning their participation.
Raven Weiss
, Palm Desert resident, shared information regarding her negative experience at a Palm Desert restaurant with her service dog on October 10, 2023, and cited the Americans with Disabilities Act relative to allowance of service animals in restaurants.
Barbara Wasserkrug
, Palm Desert resident, spoke about safety concerns and health consequences relative to increased 5G technology, and noted a Desert Sun article about License Plate readers.
Judy Garland
, desert resident, spoke about the negative impacts on air quality and desert wildlife relative to increased fireworks displays, asserted that it also affects those with PTSD, and suggested that fireworks displays be limited to twice annually.
10. CONSENT CALENDAR
Brad Anderson
, Rancho Mirage resident, spoke in opposition to: Items 10e, Adoption of Ordinance No. 1403; 10i, Approve the installation of an Honor Plaque for former Councilmembers; 10k, Accept Contract No. C42400 as complete.
Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
To approve the consent calendar as presented.
(5 to 0)
10.a
APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES
1. Post-Meeting Minutes - Palm Desert City Council - Regular Meeting_Oct26_2023 - English.pdf
2. Post-Meeting Minutes - StudySession_Oct26_2023 - English.pdf Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Approve the Minutes of October 26, 2023.
Motion Carried (5 to 0)
10.b
APPROVAL OF WARRANTS
1. 2023-09-29_WR_Check_Register_by_Bank_ID_and_Date.pdf
2. 2023-09-30_WR_Check_Register_by_Bank_ID_and_Date.pdf
3. 2023-10-10_WR_Check_Register_by_Bank_ID_and_Date.pdf
4. 2023-10-13_WR_Check_Register_by_Bank_ID_and_Date.pdf
5. 2023-10-20_Check_Register_by_Bank_ID_and_Date_(REVISED).pdf
6. 2023-10-26_Check_Register_by_Bank_ID_and_Date.pdf
7. 2023-11-02_Check_Register_by_Bank_ID_and_Date.pdf
Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Approve the warrants issued for the period 9/29/2023 to 11/02/2023.
Motion Carried (5 to 0)
10.c
RATIFY A LETTER OF SUPPORT FOR THE LIVING DESERT’S GRANT APPLICATION FOR THE CAL OES CALIFORNIA STATE NONPROFIT SECURITY GRANT PROGRAM
1. 01 Letter of Support - Living Desert Security.pdf
2. 2023-10-26 Living Desert CalOES Security Grant.pdf
Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Ratify a letter of support for The Living Desert’s grant application for the CAL OES California State Nonprofit Security Grant Program.
Motion Carried (5 to 0)
10.d
ADOPTION OF ORDINANCE NO. 1402 AMENDING CHAPTER 8.55 OF THE PALM DESERT MUNICIPAL CODE REGARDING REGULATION OF THE DISCHARGE OF SEWAGE AND MAKING FINDINGS RELATED TO CEQA
1. 2nd Reading of Ordinance No. 1402.pdf
2. Ordinance No. 1402 .pdf
Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Adopt Ordinance No. 1402 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.55 OF THE PALM DESERT MUNICIPAL CODE REGARDING REGULATION OF THE DISCHARGE OF SEWAGE AND MAKING FINDINGS RELATED TO CEQA.” Motion Carried (5 to 0)
10.e
ADOPTION OF ORDINANCE NO. 1403 AMENDING SECTION 2.28.010 OF THE PALM DESERT MUNICIPAL CODE RELATED TO CITY COUNCIL COMPENSATION AND REIMBURSEMENT
1. 2nd Reading of Ordinance No. 1403.pdf
2. Ordinance No. 1403.pdf
Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Adopt Ordinance No. 1403 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.28.010 OF THE PALM DESERT MUNICIPAL CODE RELATED TO CITY COUNCIL COMPENSATION AND REIMBURSEMENT.” Motion Carried (5 to 0)
10.f
ADOPTION OF ORDINANCE NO. 1404 AN AMENDMENT TO THE UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN, AND APPLYING A PROFESSIONAL/MEDICAL OFFICE OVERLAY TO A 10.47-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF GERALD FORD DRIVE AND TECHNOLOGY DRIVE
1. 2nd Reading of Ordinance No. 1404.pdf
2. Ordinance No. 1404.pdf
Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Adopt Ordinance No. 1404 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ADOPTING AN AMENDMENT TO THE UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN AND APPLYING A PROFESSIONAL/MEDICAL OFFICE OVERLAY TO A 10.47-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF GERALD FORD DRIVE AND TECHNOLOGY DRIVE (ASSESSOR’S PARCEL NUMBERS 694-580-026 AND -027).” Motion Carried (5 to 0)
10.g
ADOPTION OF ORDINANCE NO. 1405 ADOPTING NOTICE OF EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A ZONING ORDINANCE AMENDMENT (ZOA) TO MODIFY SECTIONS OF CHAPTER 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE
1. 2nd Reading of Ordinance No. 1405.pdf
2. Ordinance No. 1405.pdf
Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Adopt Ordinance No. 1405 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A ZONING ORDINANCE AMENDMENT (ZOA) TO MODIFY SECTIONS OF CHAPTER 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE CASE NO. ZOA23-0002.” Motion Carried (5 to 0)
10.i
APPROVE THE INSTALLATION OF AN HONOR PLAQUE FOR ALL FORMER COUNCILMEMBERS AND AUTHORIZE BEST SIGNS TO CREATE THE PLAQUE FOR AN AMOUNT NOT TO EXCEED $10,000
1. CC Members Plaque.pdf
2. 01 Alcove Mockup.pdf
3. 02 Alcove_Recognition_Plaque_Mockup_100923.pdf
4. 03 Employee Recognition Sample.pdf
5. 04 Former Photo Wall.pdf
Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Approve the installation of a Former City Council Members Honor Plaque.
Authorize Best Signs of Palm Desert, California, to create the plaque for an amount not to exceed $10,000.
Motion Carried (5 to 0)
10.j
CELEBRATE CV EVENT APPROVALS
1. Celebrate CV Event Approvals.pdf
2. 01 Event Site Map.pdf
Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Approve road closure on San Pablo Avenue between Magnesia Falls Drive to the roundabout located at the entrance to College of the Desert for the Celebrate CV event scheduled for Saturday, December 30, 2023.
Approve waiver of all City permit fees associated with the event.
Authorize the City Manager to execute any documents that may be necessary to facilitate the event.
Motion Carried (5 to 0)
10.k
ACCEPT CONTRACT NO. C42400 AS COMPLETE FOR THE DEVELOPMENT SERVICES LOBBY RENOVATIONS (PROJECT CFA00014)
1. NOC for Lobby Renovation CFA00014.pdf
2. 01 Notice of Completion Lobby Renovation CFA00014.pdf Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Accept Contract No. C42400 with Tilden-Coil Constructors, Inc., of Riverside, California, as complete.
Authorize the Mayor to execute and the City Clerk to file the Notice of Completion.
Motion Carried (5 to 0)
10.l
RECEIVE AND FILE AN UPDATE ON THE COMPENSATION AGREEMENT FOR ASSESSOR’S PARCEL NO. 620-400-625
1. Rec and file update on Compensation Agmt for APN 620-400-625.pdf Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Receive and file an update on the Compensation Agreement for Assessor’s Parcel (APN) No. 620-400-625.
Motion Carried (5 to 0)
10.m
REJECT ALL PROPOSALS FOR MANAGEMENT AND OPERATION OF THE PALM DESERT AQUATIC CENTER
1. Reject All Bids and Extend Contract for PDAC.pdf
2. 01 Public Comment.pdf
3. 02 Supplemental - Public Comment.pdf
Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Reject all proposals for Management and Operations of the Palm Desert Aquatic Center.
Motion Carried (5 to 0)
10.o
APPROVE A PROFESSIONAL SERVICES AGREEMENT NO. C46670 WITH THE RETAIL COACH IN AN AMOUNT NOT TO EXCEED $55,000 FOR RETAIL MARKET ANALYSIS AND BUSINESS RECRUITMENT SERVICES
1. Retail Consultant.pdf
2. 01 11-2023 Retail Coach Draft Agreement.pdf
3. 02 Retail Coach Proposal.pdf
Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Approve Contract No. C46670 with The Retail Coach for retail market analysis and recruitment services.
Authorize the City Attorney to make necessary, non-monetary changes to the agreement.
Authorize the City Manager to execute the agreement and all related documents.
Motion Carried (5 to 0)
10.p
ACCEPT CONTRACT NO. C44570 AS COMPLETE FOR THE WHITE STONE LANE STREET IMPROVEMENTS (PROJECT 512-21)
1. NOC FOR THE WHITE STONE LANE STREET IMPROVEMENTS (PROJECT 512-21).pdf
2. 01 Change Order No 3.pdf
3. 02 Notice of Completion.pdf
4. 03 Vicinity Map.pdf
Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Approve Change Order No. 3 in the amount of $20,357.36.
Accept Contract No. C44570 with Jacobsson Engineering Construction, Inc., of Palm Desert, California, for the White Stone Lane Street Improvements as complete. (Project No. 512-21).
Authorize the Mayor to execute and the City Clerk to file the Notice of Completion.
Motion Carried (5 to 0)
10.q
APPROVE THE PARTY IN THE PARK EVENT CONTINGENCY
1. 50th Anniversary Event Contingency.pdf
Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Approve contingency monies for The Party in the Park in anticipation of potential inclement weather or unforeseen circumstances.
Authorize City Manager to approve use of funds, if necessary.
If necessary, authorize Director of Finance to appropriate $50,000 to account number 1104800-4306101, from unobligated General Fund Reserves.
Motion Carried (5 to 0)
10.r
AWARD CONTRACT NO. C46680 TO INTERWEST CONSULTING GROUP, INC., FROM ONTARIO, CALIFORNIA, TO PREPARE AN UPDATE TO THE UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN IN THE AMOUNT OF $264,880
1. Award UNSP Update .pdf
2. 01 Draft Contract and Exhibits.pdf
3. 02 Interwest UNSP Proposal.pdf
Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Award Contract No. C46680 to Interwest Consulting Group, Inc., from Ontario, California, to prepare an update to the University Neighborhood Specific Plan in an amount not to exceed $264,880.
Authorize the City Attorney to make non-substantive changes and the City Manager to execute all necessary documents.
Motion Carried (5 to 0)
10.s
APPROVAL OF MILLS ACT CONTRACTS (RESOLUTION NOS. 2023-055 THROUGH 2023-062) BETWEEN THE CITY AND PROPERTY OWNERS OF EIGHT INDIVIDUAL HISTORICAL PROPERTIES
1. Mills Act Contract Approvals For Eight Separate Properties.pdf
2. 1a Attachment Mills Act Resolution - MILLS23-0001.pdf
3. 1b Draft Mills Act Contract - MILLS23-0001.pdf
4. 2a Attachment Mills Act Resolution - MILLS23-0002.pdf
5. 2b Draft Mills Act Contract - MILLS23-0002.pdf
6. 3a Attachment Mills Act Resolution - MILLS23-0005.pdf
7. 3b Draft Mills Act Contract - MILLS23-0005.pdf
8. 4a Attachment Mills Act Resolution - MILLS23-0006.pdf
9. 4b Draft Mills Act Contract - MILLS23-0006.pdf
10. 5a Attachment Mills Act Resolution - MILLS23-0007.pdf
11. 5b Draft Mills Act Contract - MILLS23-0007.pdf
12. 6a Attachment Mills Act Resolution - MILLS23-0009.pdf
13. 6b Draft Mills Act Contract - MILLS23-0009.pdf
14. 7a Attachment Mills Act Resolution - MILLS23-0010.pdf
15. 7b Draft Mills Act Contract - MILLS23-0010.pdf
16. 8a Attachment Mills Act Resolution - MILLS23-0011.pdf
17. 8b Draft Mills Act Contract - MILLS23-0011.pdf
Motion by:
Councilmember Harnik
Seconded by:
Mayor Pro Tem Quintanilla
Adopt eight resolutions approving Mills Act Contracts between the City and the respective owners of the following properties:
Resolution No. 2023-055: 113 Sandpiper Street (MILLS23-0001) Resolution No. 2023-056: 151 Sandpiper Street (MILLS23-0002) Resolution No. 2023-057: 372 Sandpiper Street (MILLS23-0005) Resolution No. 2023-058: 362 Sandpiper Street (MILLS23-0006) Resolution No. 2023-059: 72806 Bursera Way (MILLS23-0007) Resolution No. 2023-060: 72760 Mesquite Court #F (MILLS23-0009) Resolution No. 2023-061: 72473 El Paseo #1110 (MILLS23-0010) Resolution No. 2023-062: 72543 El Paseo #1005 (MILLS23-0011) Motion Carried (5 to 0)
10.h
AWARD CONSTRUCTION SERVICES AGREEMENT NO. HA46660 TO RESOURCE ENVIRONMENTAL, INC., FOR THE ABATEMENT AND DEMOLITION OF 45-653 PORTOLA AVENUE IN THE AMOUNT OF $71,000 PLUS CONTINGENCY (PROJECT NO. SHA00001)
1. Award Contract to Resource Environmental, Inc for the Abatement and Demolition of 45-653 Portola Avenue.pdf
2. 01 Construction Services Agreement.pdf
3. 02- Resource Environmental Proposal.pdf
4. 03 Resource Environmental Inc Cost Proposal.pdf
Councilmember Harnik announced her recusal due to the project's proximity to her home.
Motion by:
Seconded by:
Mayor Pro Tem Quintanilla
Award Construction Services Agreement No. HA46660 to Resource Environmental, Inc. in an amount not to exceed $71,000 plus $14,200 for 20% contingency.
Authorize the City Manager to authorize change orders within the contingency amount due to unforeseen conditions.
Authorize the City Attorney to make necessary, non-monetary changes to the Agreement and authorize the City Manager to execute the Agreement and any documents necessary to effectuate the actions taken herewith and amend the terms as may be necessary.
Authorize the City Manager to approve Notice of Completion and record with Riverside County Recorder’s Office.
Motion Carried (4 to 0)
10.n
ADOPT RESOLUTION NO. 2023-054 TO JOIN THE INLAND LIBRARY SYSTEM, A JOINT POWERS AUTHORITY COOPERATIVE, BEGINNING JULY 1, 2024
1. Request_to_join_the_Inland_Library_System.pdf
2. 01 Resolution.pdf
3. 02 Inland Library System Agreement 1977.pdf
4. 03 Inland Library System Legal Counsel.pdf
5. 04 Inland Library System Bylaws.pdf
Councilmember Trubee expressed his support of staff's efforts to secure library resources through the Joint Powers Authority.
Motion by:
Councilmember Trubee
Seconded by:
Councilmember Harnik
Petition the Administrative Council of the Inland Library System (ILS) a Joint Powers Authority (JPA) library cooperative, to join as a member effective July 1, 2024.
Adopt Resolution No. 2023-054 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING TO JOIN THE INLAND LIBRARY SYSTEM, A JOINT POWERS AUTHORITY LIBRARY COOPERATIVE, AS OF JULY 1, 2024.” Authorize the City Attorney to make any necessary, non-monetary changes to the agreement.
Authorize the City Manager to execute said agreement.
Motion Carried (5 to 0)
11. ACTION CALENDAR
11.a
APPROVE CONTRACT NO. C46690 WITH THE CALIFORNIA STATE UNIVERSITY SAN BERNARDINO SCHOOL OF ENTREPRENEURSHIP FOR THE OPERATIONS OF THE PALM DESERT IHUB
1. Approval of a Contract with CSUSB School of Entrepreneurship for operations of the Palm Desert iHUB.pdf
2. DRAFT PSA (11.8.23).pdf
3. 02 Supplemental - iHub Presentation.pdf
4. 03 Supplemental - QA Memo.pdf
Director of Economic Development Ceja narrated a PowerPoint presentation and responded to City Council inquiries. Dr. Ezekiel Bonillas responded to further inquiries.
Motion by:
Councilmember Nestande
Seconded by:
Councilmember Harnik
Approve Contract No. 46690 between the City of Palm Desert and the California State University of San Bernardino School of Entrepreneurship for operations of the Palm Desert iHUB.
Authorize the Economic Development Subcommittee to further refine the contract.
Authorize the City Attorney to make necessary, non-monetary changes to the agreement.
Authorize the City Manager to execute the agreement.
Motion Carried (5 to 0)
11.b
PURCHASE AND IMPLEMENTATION OF CLARITI PERMITTING AND LAND MANAGEMENT SYSTEM (CONTRACT NOS. C46700, C46710, AND C46750)
1. Purchase and Implementation Clariti Land Management System.pdf
2. 01 Professional Services Agreement - Speridian Technologies.pdf
3. 02 Speridian Technologies Proposal - Land Management Solution.pdf
4. 03 Clariti Software Agreement.pdf
5. 04 Professional Services Agreement - Park Consulting Group.pdf
6. 05 Supplemental - Clariti Presentation.pdf
Information Technology Manager Von Helf narrated a PowerPoint presentation and responded to City Council inquiries.
Motion by:
Councilmember Harnik
Seconded by:
Councilmember Trubee
Appropriate $2,006,375, plus a 10% contingency ($200,637), from Unassigned General Fund Balance Reserve to the appropriate Information Technology Accounts for the purchase and implementation of Clariti Land Management System (LMS).
Approve and authorize the City Manager to finalize and execute Agreement No. C46700 with Clariti Cloud, Inc. for land management software subscription licensing for a four-year term for $1,255,949 total, $299,075 due year one.
Approve and authorize the City Manager to finalize and execute Agreement No. C46750 with Speridian for implementation costs of $1,225,800.
Approve and authorize the City Manager to finalize and execute Agreement No. C46710 with Park Consulting Group for consulting services and project management for a one-year agreement not to exceed $481,500.
Authorize the City Manager to review and approve contract amendments and change orders up to contingency amount,
for any unforeseen circumstances associated with each agreement, per Section 3.30.170 of Ordinance No. 1392.
Authorize City Attorney to make necessary, non-monetary changes to any of the agreements and authorize City Manager to execute any documents necessary to facilitate the contract award and implementation of the LMS.
Motion Carried (5 to 0)
11.c
APPROVE AN EXTENSION TO THE DINING DECK PROGRAM AND DIRECT STAFF TO RESEARCH A POTENTIAL FEE FOR USE OF THE RIGHT-OF-WAY
1. Approve Dining Deck Extension and Direct Staff to Investigate a Fee Schedule.pdf
2. 01 Amended Dining Deck Design Guidelines.pdf
3. 02 List of current operators with City funding status.pdf
4. 03 Supplemental - Dining Deck Presentation.pdf
5. 04 Supplemental - QA Memo.pdf
Management Analyst Mager narrated a PowerPoint presentation and responded to City Council inquiries.
Gustavo Ungo
, Babaloo Lounge owner, spoke in opposition to extended patios that utilize parking spaces on El Paseo; asserted that they encroach on pedestrian walkways and benefit only the restaurants.
Motion by:
Councilmember Harnik
Seconded by:
Councilmember Nestande
Approve an extension to the temporary outdoor dining deck program for an additional two (2) years through June 30, 2026, to align with the State’s new extension.
Approve updates to the current Outdoor Dining Deck Design Guidelines, to be implemented effective January 1, 2024.
Direct City Attorney to make non-substantive changes to the Outdoor Dining Deck Design Guidelines for the remainder of the extension period.
Direct staff to return to a future City Council meeting to propose a new outdoor dining deck fee incorporating the TUP into the general structure of TUP fees, and a user fee for the right-of-way.
NOES (1)
Councilmember Trubee
Motion Carried (4 to 1)
11.d
HOUSING AUTHORITY: APPROVE A MODIFIED CONTRACT FOR AFFORDABLE HOUSING COMPLIANCE AND PROPERTY MANAGEMENT SERVICES WITH FALKENBERG/GILLIAM AND ASSOCIATES, INC.
1. APPROVE MODIFICATIONS TO CONTRACT WITH FALKENBERG GILLIAM and ASSOCIATES INC.pdf
2. 01 Property Management Services Agreement.pdf
3. 02 Addendum to Agreement for Property Management Services.pdf
4. 03 Supplemental - FGA PPT.pdf
Housing Manager Gonzales narrated a PowerPoint presentation and responded to City Council inquiries.
Motion by:
Mayor Pro Tem Quintanilla
Seconded by:
Councilmember Harnik
That the Housing Authority Board approve modifications to contract for Affordable Housing Compliance and Property Management Services for the Authority-owned Properties with Falkenberg/Gilliam and Associates, Inc.
Motion Carried (5 to 0)
12. PUBLIC HEARINGS
12.a
PALM DESERT REDISTRICTING 2023: PUBLIC HEARING #3 REGARDING REDISTRICTING OF CITY COUNCIL BOUNDARIES
1. Redistricting - Public Hearing 3.pdf
2. 01 Draft Maps.pdf
3. 02 Residential Development Map as of June 2023.pdf
4. 03 Redistricting Presentation.pdf
5. 04 Written Public Comments as of 11-09-2023.pdf
6. 05 Supplemental - Written Public Comments as of 11-15-2023.pdf
7. 06 Supplemental - QA Memo.pdf
8. 07 Supplemental - Written Public Comment as of 11-16-2023.pdf Mayor Kelly opened the public hearing.
City Clerk Mejia narrated a PowerPoint presentation and responded to City Council inquiries. NDC Senior Consultant Shalice Tilton further responded to City Council inquiries.
Gregg Akkerman
, Palm Desert resident, spoke in opposition to Maps 105 and 109, asserting they create tall districts, divide communities of interest, reduce the quality of potential representation, and dilute the vote of residents in North Palm Desert.
Ron Perry
, Palm Desert resident, spoke in support of Map 102b, and spoke in favor of rolling out the election years for each district in numerical order, with Districts 1, 2, and 3 in 2024, and Districts 4 and 5 in 2026.
Mayor Kelly closed the public hearing, there being no other members of the public wishing to speak.
Mayor Kelly noted that splitting of gated communities struck her as the most extreme failure to respect a community of interest, which is the case with Map 102b. She indicated her support of Map 109, encouraging those living in the North Palm Desert area to consider the potential of two representatives for North Palm Desert; noted that the Mid-Valley Channel has proven in recent months to be a community of interest which Map 109 would protect; and highlighted the unique characteristics of Portola Country Club and Palm Desert Greens Country Club, both being gated communities where the resident owns both the land and the mobile home, and face unique issues. She noted that the maps should accommodate future growth so that there are less adjustments when redistricting in response to the 2030 Census update.
Mayor Harnik expressed her opposition to Map 102b due to the splitting of a gated community; spoke in support of Map 109 as the only map that does not divide an HOA or gated community; noted that a priority in forming District 1 was to not divide neighborhoods, a priority of the CVRA, and the same should be true for this process.
Councilmember Nestande noted that the only map that does not divide a gated community and requested clarification from the demographer that other maps could not be modified to meet the requirement.
In response to Councilmember Nestande, Ms. Tilton advised that in her attempts to population balance Map 102, she could not find a solution which did not divide at least one HOA or gated community.
Mayor Pro Tem Quintanilla disagreed with the concept of not splitting a gated community, stating those residents living outside a gated community should be respected. She noted that if public input is an important part of the process, public input favors the map that keeps the north area of Palm Desert together and expressly states they do not want Map 109. She asserted that if a portion of an HOA were to be split, it is less important than other requirements according to the California Voting Rights Act.
Mayor Pro Tem Quintanilla noted the objective was to select two or three maps, and that one map was not sufficient to present.
In response to inquiry, City Clerk Mejia advised that staff's recommendation was to select two to three focus maps to aid the City Council in selecting a final map for adoptions. However, if the City Council has narrowed their consideration to a single focus map, it is within their authroity to move forward with an alternate action.
Councilmember Trubee noted Palm Desert's success can be attributed to being predictable, reliable and not disruptive. He noted that moving forward he would prioritize predictability and stability relative to the 2030 Census and supports Map 109.
Motion by:
Mayor Pro Tem Quintanilla
Present Maps 102b and 109 to the community as focus maps.
Motion Fails
Motion by:
Councilmember Harnik
Seconded by:
Councilmember Trubee
Select Map 109 as the City Council's focus map for further public input.
NOES (1)
Mayor Pro Tem Quintanilla
Motion Carried (4 to 1)
12.b
APPROVE THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 98-1 BETWEEN THE CITY OF PALM DESERT AND MARRIOTT OWNERSHIP RESORTS, INC.
1. Second Amendment to the Development Agreement between the City of Palm Desert and Marriott Ownership Resorts Inc.pdf
2. 01 Amendment No. 2 to Development Agreement with Marriott Ownership Resorts.pdf
3. 02 Supplemental - Continuance Memo.pdf
Mayor Kelly opened the public hearing, noted staff's request to continue the item to the December 14, 2023, City Council meeting, and closed the public hearing, there being no member of the public wishing to speak.
Motion by:
Councilmember Harnik
Seconded by:
Councilmember Trubee
Continue the item to the December 14 City Council meeting.
Motion Carried (5 to 0)
13. INFORMATION ITEMS
14. ADJOURNMENT
The City Council adjourned at 6:55 p.m.
15. PUBLIC NOTICES