Palm Desert City Council - Regular Meeting - October 10, 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, October 10, 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
4.a
Closed Session Meeting Minutes: September 12, 2024
Public Comments:
4.b
Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 Attachments
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Public Comments
1. 0 Non Agenda Public Comment.pdf
4.b.1
Property Description: 73710 Fred Waring Drive, Suite 205 Public Comments:
5. ROLL CALL - REGULAR MEETING - 4:00 P.M.
6. PLEDGE OF ALLEGIANCE
Councilmember Nestande led the Pledge of Allegiance.
7. INSPIRATION
Councilmember Trubee provided words of inspiration.
8. REPORT OF CLOSED SESSION
City Attorney Shah stated that direction was given by the City Council; no reportable actions were taken.
9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
9.a
PRESENTATION: COLLEGE OF THE DESERT CAPITAL PROJECTS AND INSTRUCTIONAL PROGRAMS
1. COD_Palm Desert City Council Update - October 2024-v3-c.pdf Interim Superintendent/President of College of the Desert, Laura Hope, and Vice President Student Services, Rodrigo Garcia, narrated a PowerPoint presentation and responded to City Council inquiries.
10. CITY MANAGER COMMENTS
10.a
UPDATE ON PALM DESERT IHUB
Director of Economic Development Ceja provided an update on Palm Desert iHub and responded to City Council inquiries.
11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events. Mayor Pro Tem Harnik, with support of the City Council, requested a Study Session on the neighborhood notifications regarding proposed developments.
12. NONAGENDA PUBLIC COMMENTS
1. 0 Non Agenda Public Comment.pdf
Sharon Mastropietro-Malone
, Palm Desert resident, spoke in opposition to the Riverside County contract for a consultant’s review of animal services.
Mike Morsch
, Palm Desert resident, spoke in support of Measure G.
Pegie Crowley
, Palm Desert resident, spoke in opposition to the Riverside County contract for a consultant’s review of animal services.
Connor Limont
, Palm Desert resident, spoke in opposition to hillside development.
Dean Gaton
, Palm Desert resident, spoke regarding traffic issues within the city and recommended district information be added to Councilmember bios on the City website
13. CONSENT CALENDAR
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
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 - Palm Desert City Council - Regular Meeting_Sep26_2024 - English.pdf Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
Approve the Minutes of September 26, 2024.
Motion Carried
13.b
APPROVAL OF WARRANT REGISTERS
1. Check_Register_by_Bank_ID_and_Date_-_Wire__2024.08.30_WR.pdf
2. Check_Register_by_Bank_ID_and_Date_2024.09.18__W1.pdf
3. Check_Register_by_Bank_ID_and_Date_2024.09.19__W1.pdf Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
Approve the warrant registers issued for the period 8/30/2024 to 9/19/2024.
Motion Carried
13.c
RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES
1. ABC Routing Memo - Albertsons No. 0567 FINAL 10.01.2024.pdf Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
Receive and file the application for Alcoholic Beverage License for:
1918 Winter Street ABS, LLC (Albertsons #0567) - 42095 Washington Street, Palm Desert Motion Carried
13.d
AWARD CONTRACT NO. C48480 TO SOUTHERN PACIFIC CONSTRUCTION FOR THE FIRE STATION 67 RESTROOM RENOVATION (PROJECT NO. MFA00030)
1. Award Contract to Southern Pacific Construction.pdf
2. 01 Southern Pacific Construction Agreement.pdf
3. 02 Payment and Performance Bonds.pdf
4. 03 Southern Pacific Construction Bid.pdf
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
Award Contract No. C48480 to Southern Pacific Construction, of Temecula, California, in the amount of $276,940.87, plus a $30,000 contingency, for the Fire Station 67 Restroom Renovation.
Authorize the City Attorney to make necessary nonmonetary changes to the contract.
Authorize the City Manager to execute the contract and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.
Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project.
Motion Carried
13.e
AWARD DESIGN CONTRACT NO. C48490 TO TKE ENGINEERING, INC., FOR WALK AND ROLL PD PHASE 3 - PEDESTRIAN IMPROVEMENTS
1. Award Design Contract to TKE Engineering for Walk and Roll Phase 3.pdf
2. 01 Walk and Roll PD Phase 3 Map.pdf
3. 02 TKE Proposal and Fee 9-26-2024.pdf
4. 03 CST00002 Walk and Roll PD Phase 3.pdf
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
Award Contract No. C48490 to TKE Engineering, Inc., of Riverside, California, in the amount of $360,700 for design of the Walk and Roll PD - Phase 3 Pedestrian Improvements Project (CST00002), plus a 10% contingency for unforeseen conditions.
Authorize the City Attorney to make necessary nonmonetary changes to the contract.
Authorize the City Manager to execute the contract and any written requests for change orders, 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
13.f
AWARD CONTRACT NO. C48140 TO DBX, INC., OF TEMECULA, CALIFORNIA, FOR THE MARKET PLACE DRIVE AND COOK STREET TRAFFIC SIGNAL IMPROVEMENTS (PROJECT NO. CTS0001)
1. Market Place Drive and Cook Street Traffic Signal Improvements .pdf
2. 01 Agreement.pdf
3. 02 Payment and Performance Bonds(1).pdf
4. 03 Contractor's Proposal.pdf
5. 04 Vicinity Map.pdf
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
Award Contract No. C48140 to DBX, Inc., of Temecula, California, in the amount of $464,580, plus a $47,000 contingency, for the Market Place Drive and Cook Street Traffic Signal Improvements.
Authorize the City Attorney to make necessary nonmonetary changes to the contract.
Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code.
Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project.
Motion Carried
13.g
RELEASE MAINTENANCE BOND FOR PM 37512 FOR THE REVEL LOCATED AT 74300 COUNTRY CLUB DRIVE
1. PM 37512 Release of Maintenace Bond.pdf
2. 1. Maintenance Bond (cash deposit).pdf
3. 2. Vicinity Map.pdf
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
Release Maintenance Bond in the amount of $5,096.07 for PM 37512 for the Revel located at 74300 Country Club Drive.
Motion Carried
13.h
RESOLUTION NO. 2024-074 AND HA-127: THIRD AMENDED AND RESTATED DDLA AND ACTIONS RELATED TO THE CONVEYANCE OF THE PARCELS IDENTIFIED AS APN 694-120-028 AND A PORTION OF 694-120-029 FOR AFFORDABLE HOUSING
1. Third Amended and Restated DDLA with Palm Communities.pdf
2. 01 City Resolution.pdf
3. 02 Authority Resolution.pdf
4. 03 Third Amended and Restated Disposition, Development and Loan Agreement.pdf
5. 13h. Revised Resolutions.pdf
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
Adopt Resolution No. 2024-074 (City) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A THIRD “AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM VILLAS AT MILLENIUM” AMONG THE CITY, AS LESSOR, THE PALM DESERT HOUSING AUTHORITY, AS LENDER, AND PALM COMMUNITIES, A CALIFORNIA LIMITED PARTNERSHIP, AS LESEE/ BORROWER/ DEVELOPER, IN CONNECTION WITH APPROXIMATELY 10.49 ACRES OF PROPERTY OWNED BY THE CITY, AND TAKING RELATED ACTIONS.” Adopt Resolution No. HA-127 (Housing Authority) entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY APPROVING A THIRD “AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM VILLAS AT MILLENIUM” AMONG THE AUTHORITY, AS LENDER, THE CITY OF PALM DESERT, AS SELLER, AND PALM COMMUNITIES, A CALIFORNIA CORPORATION, AS BUYER/ BORROWER/ DEVELOPER, APPROPRIATING FUNDS IN CONNECTION THEREWITH, AND TAKING RELATED ACTIONS.” Authorize Mayor/Chairperson, staff, and legal counsel to negotiate, execute and record agreements and necessary documents to effectuate the resolutions, including the conveyance of the Property, the funding commitments, and related actions for the Project as set forth in the Third Amended and Restated DDLA.
Motion Carried (5 to 0)
14. ACTION CALENDAR
14.a
2025 CALIFORNIA DESERT PLEIN AIR FESTIVAL FUNDING
1. 2025 CALIFORNIA DESERT PLEIN AIR FESTIVAL SPONSORSHIP.pdf
2. 01 2025 CA-DesertPleinAir-Proposal-final.pdf
3. 02 2025 CA Plein Air Festival Budget rev.pdf
4. 03 Plein Air Media Plan.pdf
5. 04 CA Plein Air - community_event_sponsorship_request.pdf
6. 14a. Presentation Plein Air Festival Sponsorship.pdf Public Affairs Manager Soule narrated a PowerPoint presentation and responded to City Council inquiries.
Motion by:
Mayor Pro Tem Harnik
Seconded by:
Councilmember Trubee
Approve funding in the amount of $25,000 for the inaugural California Desert Plein Air Festival.
Motion Carried (5 to 0)
14.b
RESOLUTION NO. 2024-075: ADOPT A POLICY FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS
1. Admin Policy HOA process for building permits.pdf
2. Attachment 1 - Resolution - HOA Building Permit Policy.pdf
3. Attachment 2. Resolution - Exhibit A.pdf
Development Services Director Cannone requested this item be removed from the agenda for further discussions with HOAs. No action taken on this item.
15. PUBLIC HEARINGS
15.a
RESOLUTION NO. 2024-075: CONSIDERATION TO APPROVE A PRECISE PLAN AMENDMENT FOR A 1,103-SQUARE-FOOT GUESTHOUSE AT 72240 UPPER WAY WEST
1. 72240 Upper Way West Guesthouse.pdf
2. 01 Resolution.pdf
3. 02 ARC Minutes, July 23, 2024.pdf
4. 03 Planning Commission August 20, 2024 Notice of Action.pdf
5. 04 Project Plans.pdf
6. 05 Material Board.pdf
7. 06 Line of Sight.pdf
8. 07 Public Hearing Notice.pdf
9. 08 Comment Letters Received.pdf
10. 15a. Presentation PP21-0005 amd Upper Way West.pdf
Councilmember Kelly recused herself from this item pursuant to the Levine Act and left the meeting at this time.
Mayor Quintanilla opened the public hearing.
Principal Planner Flores narrated a PowerPoint presentation and responded to City Council inquiries.
Applicant representative,
Paul D. Bojic, Esq.
, spoke in favor of staff recommendation and responded to City Council inquiries.
Mayor Quintanilla closed the public hearing, there being no other member of the public wishing to speak.
Mayor Pro Tem Harnik requested that the matter be continued to the City Council meeting of October 24, 2024, to provide members of the City Council the opportunity to conduct a site visit.
In response,
Michael Reilly,
Applicant, requested that this item not be delayed further due to past delays and hardship and responded to City Council inquiries.
Motion by:
Councilmember Nestande
Seconded by:
Mayor Quintanilla
Adopt Resolution No. 2024-075 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF A HILLSIDE DEVELOPMENT PLAN TO CONSTRUCT A 1,103-SQUARE-FOOT GUESTHOUSE ON A PROPERTY LOCATED AT 72240 UPPER WAY WEST.” NOES (1)
Mayor Pro Tem Harnik
Motion Carried (3 to 1)
15.b
ADOPT SUBSTANTIAL AMENDMENT TO ANNUAL ACTION PLAN FOR PROGRAM YEAR 2020 COMMUNITY DEVELOPMENT BLOCK GRANT
1. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBSTANTIAL AMENDMENT.pdf
2. 01 Annual Action Plan PY 2020 CDBG Substantial Amendment No. 3.pdf
3. 02 Draft- The Joslyn Center Amendment .pdf
4. 15b. Presentation CDBG.pdf
Mayor Quintanilla opened the public hearing.
Senior Contracts and Grants Manager 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 Trubee
Seconded by:
Councilmember Kelly
Conduct the public hearing and receive public testimony.
Adopt the Substantial Amendment to PY 2020 Annual Action Plan.
Authorize the Director of Finance to appropriate $176,000 to CDBG Program Expenditure Account No. 2204649-4400100, Palma Village Park Capital Project.
Approve the Project agreement amendment with the Joslyn Center (Contract No. C46570A).
Motion Carried (5 to 0)
15.c
INTRODUCE ORDINANCE NO. 1417 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS - ADOPT A POLICY (RES. 2024-077) SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE HILLSIDE PLANNED RESIDENTIAL ZONE, AND MAKE A FINDING OF EXEMPTION UNDER CEQA
1. STR Code Update.pdf
2. 01 Draft Ordinance re Short Term Rentals .pdf
3. 02 Exhibit to Short Term Rental Update Ordinance (Clean Code Language)-c1.pdf
4. 03 Resolution - STR Harship Policy.pdf
5. 15c. Presentation STR Ordinance.pdf
6. 15c. Public Comment.pdf
7. 15c. Attachment to Short Term Rental Update Ordinance UPDATED.pdf Mayor Quintanilla opened the public hearing.
Development Services Director Cannone narrated a PowerPoint presentation and responded to City Council inquiries.
Mayor Quintanilla closed the public hearing, there being no other member of the public wishing to speak.
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
Hold a public hearing and introduce Ordinance No. 1417 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” Adopt Resolution No. 2024-077 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE TERMINATION AND AMORTIZATION OF SHORT-TERM RENTALS WITHIN THE HILLSIDE PLANNED RESIDENTIAL (HPR) ZONE.” Motion Carried (5 to 0)
15.d
INTRODUCTION OF ORDINANCE NO. 1418 TO ADD CHAPTER 12.36 TO TITLE 12 OF THE PALM DESERT MUNICIPAL CODE ESTABLISHING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING A FINDING OF EXEMPTION UNDER CEQA
1. Public Right of Way Vacation Ordinance.pdf
2. 1. Draft Ordinance.pdf
3. 2. Public Hearing Notice.pdf
4. 15d. Presentation Right of Way Vacations.pdf
Mayor Quintanilla opened the public hearing.
Principal Planner Melloni 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 Trubee
Introduce Ordinance No. 1418 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 12.36 TO THE PALM DESERT MUNICIPAL CODE REGARDING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” Motion Carried (5 to 0)
15.e
INTRODUCTION OF AN ORDINANCE UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
1. Building Board of Appeals Code Update.pdf
2. Attachment 1. Ordinance Updating PDMC Chapter 2.18 Building Board of Appeals.pdf
3. Attachment 2. Building Board of Appeals - CC Hearing Notice.pdf
4. 15e. Presentation Building Board of Appeals.pdf
Mayor Quintanilla opened the public hearing.
Principal Planner Melloni narrated a PowerPoint presentation and responded to City Council inquiries.
Mayor Quintanilla closed the public hearing, there being no other member of the public wishing to speak.
Motion by:
Councilmember Kelly
Seconded by:
Councilmember Trubee
Hold a public hearing and introduce Ordinance No. 1419 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER CEQA.” Motion Carried (5 to 0)
15.f
ADOPT A RESOLUTION AMENDING THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF PALM DESERT AND FINDING THE ACTION EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15378 This item was continued to a date uncertain.
Continue the item to a date uncertain.
16. INFORMATION ITEMS
17. ADJOURNMENT
The City Council adjourned at 5:46 p.m.
18. PUBLIC NOTICES