Palm Desert City Council - Regular Meeting - January 11, 2024
1. CALL TO ORDER - CLOSED SESSION - 3:30 P.M.
A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, January 11, 2024, at 3:30 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.
2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
None.
3. RECESS TO CLOSED SESSION
Mayor Quintanilla adjourned to Closed Session at 3:30 p.m.
4. CLOSED SESSION AGENDA
The following items were considered in closed session:
4.a
Closed Session Meeting Minutes: December 14, 2023
Public Comments:
4.b
Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 Public Comments:
4.b.1
PROPERTY DESCRIPTION: 72559 HIGHWAY 111, PALM DESERT
Public Comments:
4.b.2
PROPERTY DESCRIPTION: DESERT WILLOW LOT PAD B, APN 620-400-008, -023 Public Comments:
4.b.3
PROPERTY DESCRIPTION: DESERT WILLOW LOT PADS C, D, AND E Public Comments:
5. ROLL CALL - REGULAR MEETING - 4:00 P.M.
6. PLEDGE OF ALLEGIANCE
Councilmember Trubee led the Pledge of Allegiance.
7. INSPIRATION
Mayor Pro Tem Harnik provided words of inspiration.
Mayor Pro Tem Jan Harnik joined the meeting at 4:01 PM. () Councilmember Kathleen Kelly joined the meeting at 4:01 PM. () Councilmember Gina Nestande joined the meeting at 4:01 PM. () Councilmember Evan Trubee joined the meeting at 4:01 PM. () Mayor Karina Quintanilla joined the meeting at 4:01 PM. ()
8. REPORT OF CLOSED SESSION
City Attorney Shah stated that no reportable actions were taken by the City Council.
9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
9.a
COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT UPDATE
1. 2024-01-11 Presentation - CVMVCD.pdf
Doug Walker, Palm Desert's appointee for the Coachella Valley Mosquito & Vector Control District (CVMVCD), introduced Jeremy Witte, CVMVCD General Manager. Mr. Wittie narrated a PowerPoint presentation and responded to City Council inquiries.
10. CITY MANAGER COMMENTS
None.
11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events.
Councilmember Trubee reported Palm Desert High School would host a World Guard International competition in March 2024; thanked staff for their work on the recent Fred Waring Drive project. Mayor Pro Tem Harnik reported that the Federal Rail Administration added the CV Rail project to the Federal Corridor Identification and Development program, and CalTrans was awarded a $500,000 grant for project planning. She also encouraged residents to provide input for Connect SoCal. Mayor Quintanilla noted the Palm Desert Area Chamber of Commerce would make labor law posters available to for all businesses.
12. NONAGENDA PUBLIC COMMENTS
Barbara Wasserkrug
, Palm Desert resident, spoke about the hazards of chemtrails in the atmosphere.
Ken Seumalo
, Public Works Director for City of Indian Wells, thanked the Public Works staff and the Riverside County Sheriff's department for their assistance with traffic control at a recent special event that took place at Southwest Community Church.
13. CONSENT CALENDAR
Motion by:
Councilmember Kelly
Seconded by:
Councilmember Nestande
To approve the consent calendar as presented.
Motion Carried (5 to 0)
13.a
APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES
1. Post-Meeting Minutes - StudySession_Dec14_2023.pdf
2. Post-Meeting Minutes - Palm Desert City Council Regular Meeting_Dec14_2023.pdf Motion by:
Councilmember Kelly
Seconded by:
Councilmember Nestande
Approve the Minutes of December 14, 2023.
Motion Carried (5 to 0)
13.b
APPROVAL OF WARRANTS
1. 2023-10-31_WR_Check_Register_by_Bank_ID_and_Date.pdf
2. 2023-11-30_WR_Check_Register_by_Bank_ID_and_Date.pdf
3. 2023-12-07_Check_Register_by_Bank_ID_and_Date.pdf
4. 2023-12-12_WR_Check_Register_by_Bank_ID_and_Date.pdf
5. 2023-12-18_Check_Register_by_Bank_ID_and_Date.pdf
6. 2023-12-21_Check_Register_by_Bank_ID_and_Date.pdf
7. 2023-12-29_Check_Register_by_Bank_ID_and_Date.pdf
8. 2024-01-04_Check_Register_by_Bank_ID_and_Date.pdf
Motion by:
Councilmember Kelly
Seconded by:
Councilmember Nestande
Approve the warrants issued for the period 10/31/2023 to 1/4/2024.
Motion Carried (5 to 0)
13.c
ADOPT RESOLUTION NO. SA-RDA 103 FOR RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGETS FOR THE FISCAL PERIOD FROM JULY 1, 2024 THROUGH JUNE 30, 2025, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS
1. 2024-25 SARDA ROPS and Admin Budgets.pdf
2. 01 Resolution No. SA-RDA 2024-___.pdf
3. 02 Exhibit A ROPS 24-25 Summary.pdf
4. 03 Exhibit B ROPS 24-25 Administrative Budgets.pdf
5. 04 QA Memo (002).pdf
Motion by:
Councilmember Kelly
Seconded by:
Councilmember Nestande
Adopt Resolution No. SA-RDA 103 for Recognized Obligation Payment Schedule and Administrative Budgets for the fiscal period from July 1, 2024, through June 30, 2025, and taking certain related actions.
Motion Carried (5 to 0)
13.d
NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM UPDATE (PROJECT NO. CST00004)
1. Neighborhood Traffic Management Program Update.pdf
2. Community Presentation.pdf
Motion by:
Councilmember Kelly
Seconded by:
Councilmember Nestande
Receive and file update on the Neighborhood Traffic Management Program.
Motion Carried (5 to 0)
13.e
ACCEPT CONTRACT NO. C44890 WITH HORIZON PROFESSIONAL LANDSCAPE, INC., FOR THE DESERT WILLOW PERIMETER LANDSCAPE RENOVATION PHASE II PROJECT AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO. 871-23 / CLS00001)
1. NOC Desert Willow Perimeter Landscape.pdf
2. 01 Notice of Completion - Desert Willow Perimeter Landscape Phase II.pdf
3. 02 Vicinity Map.pdf
Motion by:
Councilmember Kelly
Seconded by:
Councilmember Nestande
Accept the Desert Willow Perimeter Landscape Renovation Phase II Project as complete.
Authorize the City Clerk to file the Notice of Completion.
Motion Carried (5 to 0)
13.f
ACCEPT CONTRACT NO. C44690 WITH URBAN HABITAT, INC., FOR THE PORTOLA AVENUE AND MAGNESIA FALLS DRIVE MEDIAN ISLAND LANDSCAPE INSTALLATION PROJECT AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO. 937-23/MLS00027)
1. NOC Portola and Magnesia Falls Median Landscape Project.pdf
2. 01 Notice of Completion - Portola and Magnesia Falls Medians.pdf
3. 02 Vicinity Map(1).pdf
Motion by:
Councilmember Kelly
Seconded by:
Councilmember Nestande
Accept the Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project as complete.
Authorize the City Clerk to file the Notice of Completion.
Motion Carried (5 to 0)
13.g
APPROVE UP TO SEVEN ADDITIONAL TEMPORARY WAIVERS TO PALM DESERT MUNICIPAL CODE SECTIONS 9.58.010 AND 9.58.020 FOR THE SALE AND CONSUMPTION OF ALCOHOL AT THE HENDERSON BUILDING LOCATED AT 72559 HIGHWAY 111 FOR FISCAL YEAR 2023/2024
1. PDACC Alcohol Waivers.pdf
2. QA Memo 02.pdf
Motion by:
Councilmember Kelly
Seconded by:
Councilmember Nestande
Authorize the City Manager to approve up to an additional seven temporary event waivers to Palm Desert Municipal Code Sections 9.58.010 and 9.58.020 (Consumption/Possession of Alcoholic Beverages on Public Property) at the Henderson Building (72559 Highway 111) as needed for fiscal year 2023/2024.
Authorize the City Manager to execute the California Department of Alcoholic Beverage Control documents or other documents to effectuate the action herein, as required.
Motion Carried (5 to 0)
13.h
EXPAND THE UNITE PALM DESERT BICYCLE INCENTIVE PROGRAM FUNDS TO BE USED BY THE CITY FOR PLACEMENT OF BICYCLE RACKS ON CITY PROPERTY
1. Unite Palm Desert Bicycle Incentive Program.pdf
2. 01 Map - Unite Palm Desert Bicycle Incentive Program.pdf Motion by:
Councilmember Kelly
Seconded by:
Councilmember Nestande
Expand the use of the Unite Palm Desert Bicycle Incentive Program funds to allow the City to purchase and place bicycle racks on public property.
Motion Carried (5 to 0)
13.i
REALLOCATE $5,000 OF UNITE PALM DESERT SECURITY CAMERA GRANT FUNDS FOR A MISTER SYSTEM GRANT PROGRAM
1. Unite Palm Desert Security Camera Grant.pdf
2. Unite Palm Desert Security Camera Grant Program Map.pdf Motion by:
Councilmember Kelly
Seconded by:
Councilmember Nestande
Reallocate $5,000 of Unite Palm Desert Security Camera Grant Program (UPDSC) funds to a mister system grant program that grants up to $500 per commercial business/property owner to purchase and install misters at their location.
Authorize the City Manager to execute any and all documents related to a mister system grant program.
Motion Carried (5 to 0)
13.j
ACCEPTANCE OF A RESIGNATION FROM THE PUBLIC SAFETY COMMITTEE AND MARKETING COMMITTEE - APPOINTMENT TO THE PUBLIC SAFETY COMMITTEE
1. BCC Resignation(1).pdf
Motion by:
Councilmember Kelly
Seconded by:
Councilmember Nestande
With regret, accept the resignation of Gary Bindman from the Public Safety Committee.
With regret, accept the resignation of Erin Scott from the Marketing Committee.
Appoint Stephen Nelson to the Public Safety Committee to fill the unscheduled vacancy for the term ending June 30, 2025.
Motion Carried (5 to 0)
13.k
APPROVE OUT-OF-STATE TRAVEL FOR THE PUBLIC AFFAIRS MANAGER TO PROMOTE PALM DESERT FOOD AND WINE
1. Out-of-State Travel for Public Affairs Manager - James Beard House.pdf Motion by:
Councilmember Kelly
Seconded by:
Councilmember Nestande
Authorize out-of-state travel for the Public Affairs Manager to travel to New York City to promote Palm Desert Food & Wine at the James Beard House in conjunction with Palm Springs Life and Visit Greater Palm Springs.
Motion Carried (5 to 0)
14. ACTION CALENDAR
14.a
APPROVE A SECOND AMENDMENT TO THE SECOND REVISED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND DESERT WAVE VENTURES, LLC
1. 01 2nd Amendment to 2nd Revised DDA.pdf
2. 00 Approve Second Amendment to Second Revised and Restated DDA.pdf Economic Development Director Ceja presented a staff report and responded to City Council inquiries.
Motion by:
Councilmember Kelly
Seconded by:
Councilmember Nestande
Approve the Second Amendment to the Second Revised and Restated DDA between the City of Palm Desert and Desert Wave Ventures, LLC.
Authorize the Mayor to execute said Agreements.
Authorize the City Manager to make non-substantive changes to the Second Amendment to the Second Revised and Restated DDA as needed prior to execution by the Mayor.
Authorize the City Manager to draft, negotiate, and execute other supporting agreements that may be required by the DDA.
Authorize the City Manager to execute said agreements.
Motion Carried (5 to 0)
14.b
AWARD CONTRACT NO. C46970 TO ALTA PLANNING + DESIGN INC. OF LOS ANGELES, CALIFORNIA, TO DEVELOP PALM DESERT VISION ZERO STRATEGY IN THE AMOUNT OF $948,920, AND APPROPRIATE $66,980 IN UNOBLIGATED GENERAL FUND REVENUE (PROJECT NO. GSS00001/CST00018)
1. Award Vision Zero Strategy.pdf
2. 01 Professional Services Agreement.pdf
3. 02 Proposal.pdf
4. 04 QA Memo (002).pdf
Project Manager Gerry presented a staff report and responded to City Council inquiries.
Motion by:
Councilmember Kelly
Seconded by:
Councilmember Trubee
Award Contract No. C46970 to Alta Planning + Design, Inc., of Los Angeles, California, to develop Palm Desert Vision Zero Strategy in the amount of $948,920.
Authorize the Finance Director to appropriate funds in the amount $66,980 from unobligated Measure A Fund Balance to Account No. 21343000-4000910, Safe Routes.
Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
Authorize City Manager or designee to execute agreement and any documents necessary to effectuate actions taken herewith.
Motion Carried (5 to 0)
14.c
REQUEST FOR FEEDBACK AND DIRECTION REGARDING UPDATING ZONING AND BUSINESS REGULATIONS REGARDING CANNABIS MANUFACTURING BUSINESSES
1. Request feedback and direction regarding regulating commercial cannabis businesses.pdf
2. Cannabis PPT.pdf
Development Services Director Cannone narrated a PowerPoint presentation and responded to City Council inquiries.
Jocelyn Kane
, Coachella Valley Cannabis Network (CVCAN) Board Vice President, spoke against staff's recommendation and stated it would not bring additional business to the area, asked that the City Council not be overly reactive to a recent fire at a cannabis-related business.
Scot Rsuczyk
, CVCAN Board President, spoke about the desire to balance the need for public safety with allowing businesses to grow, and shared information about their programs and meetings.
Kenneth Churchill
, West Coast Cannabis Club and CVCAN Board Member, spoke about his businesses' conformance to the City's regulations and expressed concern regarding potential limitations placed on the retail portion of his businesses.
City Manager Hileman clarified that retail operations at existing microbusinesses are not affected by staff's recommendation, and confirmed that the State of California has shifted the responsibility of inspection, oversight and compliance to the City.
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
Direct staff to proceed with amendments to the Palm Desert Municipal Code (PDMC) to:
Prohibit cannabis manufacturing businesses
Add Cannabis Microbusiness as a use that could be permitted through a Conditional Use Permit (CUP) in Service Industrial only with the following use limitations:
Limited to one (1) business
No retail storefront, delivery only [Note: cannabis retail is prohibited in SI].
Manufacturing is limited to packaging and labeling.
Update/clarify any inconsistent code sections.
Establish an annual fee of $2,760 for cannabis regulatory permits for Microbusinesses and Distribution businesses to cover the cost of semi-annual inspections.
Motion Carried (5 to 0)
14.d
APPROVE THE 2024 LIST OF SOCIAL MEDIA COMMEMORATIONS
1. APPROVE THE 2024 LIST OF SOCIAL MEDIA COMMEMORATIONS .pdf
2. 01 Social Media Commemorations - 2024.pdf
3. 03 Social Media Commemorations ppt.pdf
4. 04 QA Memo (002).pdf
Public Affairs Manager Soule narrated a PowerPoint presentation and responded to City Council inquiries.
Mayor Quintanilla expressed her opposition to commemorating Columbus Day on social media and support for celebrating Indigenous Peoples' Day.
Motion by:
Councilmember Kelly
Seconded by:
Councilmember Nestande
Direct staff to commemorate Columbus Day and Indigenous Peoples’ Day and sensitively incorporate the comments from the City Council.
Approve the list of social media commemorations planned for 2024.
NOES (1)
Mayor Quintanilla
Motion Carried (4 to 1)
15. PUBLIC HEARINGS
15.a
PALM DESERT REDISTRICTING 2023: PUBLIC HEARING #5 REGARDING REDISTRICTING OF CITY COUNCIL BOUNDARIES – CONSIDER ADOPTING A CITY COUNCIL ELECTION DISTRICT BOUNDARIES MAP AND ORDINANCE NO. 1406 INTRODUCTION (TO COMMENCE AT 4:30 P.M. OR SOON THEREAFTER)
1. Redistricting - Public Hearing 5.pdf
2. 01 Map 109 Renumbered B.pdf
3. 02 Draft Ordinance(1).pdf
4. 03 Written Public Comment(1).pdf
5. 05 QA Memo (002).pdf
6. 06 Redistricting ppt.pdf
7. QA Memo No. 2.pdf
Mayor Quintanilla opened the public hearing.
City Clerk Mejia narrated a PowerPoint presentation and responded to City Council inquiries.
Michael Stafford
, Palm Desert resident, spoke in opposition to Map 109 Renumbered B, and requested the introduction of Map 102c as an additional focus map.
Debbie Green
, Palm Desert resident, spoke in favor of introducing Map 102c as an additional focus map and in opposition to Map 109 Renumbered B.
Mayor Quintanilla closed the public hearing, there being no other member of the public wishing to speak.
Mayor Kelly thanked the City Clerk for his guidance through the process, and thanked all residents for their participation. She assured residents that the City Council has been monitoring the school boundary issue for a number of years, and established a subcommittee to work with the school districts to determine if the boundaries could be redrawn and learned it could not easily be done due to funding issues for each school district. She also noted District 4 Fred Waring Drive as a major commuter artery, and noted similar traffic safety issues on Fred Waring Drive, Cook Street, and commuter difficulties at the north end of the District 4, demonstrating a community of interest surrounding traffic issues.
Mayor Pro Harnik noted that District 4 also shares a unique border with Indian Wells in addition to the traffic issues on Fred Waring Drive.
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
Adopt “Map 109 Renumbered B” as the City Council election district boundaries map.
Introduce Ordinance No. 1406 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.38.040 OF THE PALM DESERT MUNICIPAL CODE RELATED TO BY-DISTRICT ELECTIONS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS.” Motion Carried (5 to 0)
16. INFORMATION ITEMS
17. ADJOURNMENT
The City Council adjourned at 6:07 p.m.
18. PUBLIC NOTICES