Palm Desert City Council - Regular Meeting - October 24, 2024
1. CALL TO ORDER
A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, October 24, 2024, at 4:10 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
Mayor Quintanilla led the Pledge of Allegiance.
4. INSPIRATION
Mayor Pro Tem Harnik provided words of inspiration.
5. AWARDS, PRESENTATIONS, AND APPOINTMENTS
1. Supplemental Material Proclamation Hispanic Heritage Month.pdf Mayor Quintanilla presented a proclamation to Dr. Ezequiel Bonillas in celebration of Hispanic Heritage Month.
5.a
AWARDS: MINI MUSTER ART CONTEST
Mayor Quintanilla presented certificates to the Mini Muster art contest winners.
5.b
INDIGENOUS PEOPLE PROCLAMATION
1. Supplemental Material Proclamation Indigenous People's Day.pdf Mayor Quintanilla presented a proclamation to Dr. Roseanne Rosenthal of California Indian Nations College.
6. CITY MANAGER COMMENTS
6.a
SHERIFF DEPARTMENT UPDATE
Lt. Porras provided an update and responded to City Council inquiries.
6.b
2024 DESERT WILLOW FIRECLIFF GOLF COURSE RENOVATION
Public Works Director Alvarez provided an update and responded to City Council inquiries.
7. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
Councilmembers reported on their attendance at various meetings and events.
8. NONAGENDA PUBLIC COMMENTS
Mike Morsch
, Palm Desert resident, spoke regarding Mayor Quintanilla's comments regarding the Patriot Store.
Barbara Wasserkrug
, Palm Desert resident, encouraged residents to attend an upcoming informational event at the Desert Cities Baptist Church in Palm Desert.
Brad Anderson
, Rancho Mirage resident, spoke in opposition to Measure AA and Measure G and Measure J on the upcoming November ballot.
9. CONSENT CALENDAR
Motion by:
Councilmember Trubee
Seconded by:
Mayor Pro Tem Harnik
To approve the consent calendar as presented.
Motion Carried (5 to 0)
9.a
APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES
1. Post-Meeting Minutes - StudySession_Oct10_2024 - English.pdf
2. Post-Meeting Minutes - Palm Desert City Council - Regular Meeting_Oct10_2024 - English.pdf Motion by:
Councilmember Trubee
Seconded by:
Mayor Pro Tem Harnik
Approve the Minutes of October 10, 2024.
Motion Carried (5 to 0)
9.b
APPROVAL OF WARRANT REGISTERS
1. Check_Register_by_Bank_ID_and_Date_WR_2024.09.30.pdf
2. Check_Register_by_Bank_ID_and_Date_W1_and_W3_2024.10.07.pdf
3. Check_Register_by_Bank_ID_and_Date_W1_2024.10.10.pdf Motion by:
Councilmember Trubee
Seconded by:
Mayor Pro Tem Harnik
Approve the warrant registers issued for the period 9/30/2024 to 10/10/2024.
Motion Carried (5 to 0)
9.c
RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES
1. ABC - Rubios Fresh Mexican Grill.pdf
Motion by:
Councilmember Trubee
Seconded by:
Mayor Pro Tem Harnik
Receive and file the application for Alcoholic Beverage License for:
The Original Fish Taco, LLC (Rubio's Fresh Mexican Grill) - 73399 Hwy 111 Ste. F-1, Palm Desert Motion Carried (5 to 0)
9.d
ADOPTION OF ORDINANCE NO. 1417 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS
1. Ordinance 1417 - 2nd reading.pdf
2. Ordinance 1417.pdf
3. ORDINANCE 1417 PUBLIC COMMENT.pdf
Motion by:
Councilmember Trubee
Seconded by:
Mayor Pro Tem Harnik
Adopt Ordinance No. 1417 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING CHAPTER 5.10 SHORT-TERM RENTALS AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” Motion Carried (5 to 0)
9.f
ADOPTION OF ORDINANCE NO. 1419 UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS
1. Ordinance 1419 - 2nd reading.pdf
2. Ordinance 1419.pdf
Motion by:
Councilmember Trubee
Seconded by:
Mayor Pro Tem Harnik
Adopt 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)
9.h
APPROVE A LEASE EXTENSION WITH THE ARTIST COUNCIL THROUGH JUNE 2030 AT 72-567 HIGHWAY 111
1. LEASE EXTENSION WITH THE ARTIST COUNCIL THROUGH JUNE 2030 AT 72567 HIGHWAY 111.pdf
2. 01 Second Amendment to Lease Agreement - Artist Council.pdf
3. 02 C41250 - Artist Council Executed Lease Agreement.pdf
4. C41250 -Artist Council Executed Lease Amendment No.pdf Motion by:
Councilmember Trubee
Seconded by:
Mayor Pro Tem Harnik
Approve the Second Amendment to Lease – Contract No. C41250 with The Artist Council at 72-567 Highway 111.
Authorize the City Attorney to make any necessary nonmonetary changes to the agreement.
Authorize the City Manager to execute the agreement.
Motion Carried (5 to 0)
9.i
ADOPT A RESOLUTION ACCEPTING THE CITY OF PALM DESERT STANDARD DETAILS AND DESIGN GUIDELINES
1. Adopt Engineering Standard Details and Design Guidelines.pdf
2. 1. Resolution.pdf
3. 2. City of Palm Desert Standard Details and Design Guidelines.pdf
4. 3. Existing Standard Details.pdf
Motion by:
Councilmember Trubee
Seconded by:
Mayor Pro Tem Harnik
Adopt resolution 2024-077 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING UPDATED CITY OF PALM DESERT STANDARD DETAILS AND DESIGN GUIDELINES AND MAKING A FINDING OF EXEMPTION UNDER CEQA”.
Authorize the City Manager to publish the City of Palm Desert Standard Details and Design Guidelines on the City’s website and make it available to the public.
Authorize the City Manager to periodically review and update these standards as necessary to keep up with operational and construction advancements.
Motion Carried (5 to 0)
9.j
AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARKS AND LANDSCAPE ENHANCEMENT (PROJECT NO. CPK00003)
1. Award Contracts to Multiple Vendors Landscape On-Call.pdf
2. Ak Landscaping Proposal.pdf
3. AK Landscaping Agreement, Performance, and Payment Bonds.pdf
4. Excel Landscape Inc. Proposal.pdf
5. Excel Landscape Inc. Agreement, Performance, and Payment Bonds.pdf
6. Horizon Professional Landscape Inc. Proposal.pdf
7. Horizon Professional Landscape, Inc. Agreement, Performance, and Payment Bonds.pdf
8. Mariposa Landscapes, Inc. Proposal.pdf
9. Mariposa Landscapes, Inc. Agreement, Performance, and Payment Bonds.pdf
10. Vintage Landscape Proposal.pdf
11. Vintage Landscape Agreement, Performance, and Payment Bonds.pdf
12. City Landscaped Areas Map.pdf
13. Palm Desert Medians.pdf
Motion by:
Councilmember Trubee
Seconded by:
Mayor Pro Tem Harnik
Award contract numbers C48520 A-E for Parks and Landscape Enhancements to multiple vendors, in the amount of $750,000 for a 31-month term with two one-year extension options.
Authorize the City Attorney to make necessary non-monetary 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(s).
Motion Carried (5 to 0)
9.e
ADOPTION OF ORDINANCE NO. 1418 ADDING CHAPTER 12.36 TO TITLE 12 OF THE PALM DESERT MUNICIPAL CODE ESTABLISHING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES
1. Ordinance 1418 - 2nd Reading.pdf
2. Ordinance 1418.pdf
3. Public Comment .pdf
Brad Anderson
, Rancho Mirage resident, spoke in opposition to proposed Ordinance No. 1418.
Motion by:
Councilmember Nestande
Seconded by:
Councilmember Trubee
Adopt 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 FINDINGS UNDER CEQA.” Motion Carried (5 to 0)
9.g
AWARD CONTRACT NO. C48310 TO DBX, INC., OF TEMECULA, CA, FOR VITALIA TRAFFIC SIGNAL INSTALLATION (PROJECT NO. CTS00002)
1. Award Vitalia Traffic Signal Installation.pdf
2. 01 Agreement.pdf
3. 02 Payment and Performance Bonds.pdf
4. 03 Contractor's Proposal.pdf
5. 04 Vicinity Map.pdf
6. Supplemental - Revised Staff Report Vitalia Traffic Signal Installation 10.24.24.pdf Project Manager, Ryan Lamb, responded to City Council inquiries.
Motion by:
Councilmember Nestande
Seconded by:
Councilmember Trubee
Award contract no. C48310 to DBX, Inc., of Temecula, CA, in the amount of $733,400, plus a $73,000 contingency, for the Vitalia Traffic Signal Installation.
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Authorize the City Attorney to make necessary nonmonetary changes to the contract.
Authorize the City Manager to execute the agreement 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 (5 to 0)
10. ACTION CALENDAR
None.
11. PUBLIC HEARINGS
11.a
INTRODUCTION OF AN ORDINANCE NO. 1420 TO AMEND SECTIONS OF TITLE 27 GRADING OF THE PALM DESERT MUNICIPAL AND MAKING A FINDING OF EXEMPTION UNDER CEQA
1. Title 27 Grading Ordinance Amendment.pdf
2. 1 Palm Desert - Draft Grading Ordinance.pdf
3. 2 Palm Desert - Attachment A to Grading Ordinance Policy Amendments.pdf
4. 3 Title 27 Grading - CC Hearing Notice.pdf
5. Supplemental Material Grading Ordinance Amendment Presentation.pdf Principal Planner Melloni narrated a PowerPoint presentation and responded to City Council inquiries.
Mayor Quintanilla opened the public hearing.
Mayor Quintanilla closed the public hearing, there being no member of the public wishing to speak.
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
Introduce an Ordinance No. 1420 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING SECTIONS OF TITLE 27 GRADING AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” Motion Carried (5 to 0)
11.b
RESOLUTION ESTABLISHING AN ANNUAL LEASE RATE FOR DINING DECKS AND LICENSING REQUIREMENTS FOR USE OF PUBLIC RIGHT-OF-WAY FOR OUTDOOR DINING DECKS AND MAKING FINDINGS
1. Dining Deck Use Fee and License Agreement.pdf
2. 01 Draft Resolution.pdf
3. 02 Dining Deck License Agreement .pdf
4. 03 Dining Deck Fee - CC Hearing Notice - 10.11.2024.pdf
5. Supplemental Material 2024-10-24 QA Memo.pdf
6. Supplemental Material Dining Deck Fee and License Presentation.pdf
7. Supplemental Material 2024-10-24 QA Memo 02.pdf
Mayor Quintanilla opened the public hearing.
Principal Planner Melloni presented a PowerPoint presentation and answered questions from the City Council.
Councilmember Kelly inquired about the dining deck program timeline, noting that work on El Paseo is scheduled for summer 2025. She suggested delaying fee implementation until a decision is made on whether the program will extend beyond June 2026.
In response to a inquiry from Councilmember Nestande, staff indicated they currently have no information on the State of California's stance regarding alcohol sales on dining decks.
Mayor Pro Tem Harnik expressed that it is no longer appropriate to provide free dining deck space to existing restaurateurs and inquired about the safety barriers on the current dining decks.
Councilmember Trubee proposed postponing the start of fees until September 2025 due to the planned work on El Paseo.
Mayor Pro Tem Harnik clarified that staff’s proposed timeline for implementing fees is July 1, 2025, with a prorated amount for restaurants on El Paseo due to the upcoming work.
Councilmember Kelly suggested waiting until spring 2025 to decide on implementing fees in July 2025, to see if additional information from the State on the alcohol sales component becomes available.
In response to Councilmember Trubee's inquiry, staff clarified that the proposed fees would apply only to the seven current restaurants with dining decks.
Following discussion, Councilmember Kelly moved to adopt staff’s recommendation, expanding the program to allow any interested restaurant to apply for a dining deck permit.
Mayor Quintanilla closed the public hearing, with no public comments submitted.
Motion by:
Councilmember Kelly
Seconded by:
Mayor Pro Tem Harnik
Adopt Resolution No. 2024-078 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AN ANNUAL LEASE RATE FOR DINING DECKS AND LICENSING REQUIREMENTS FOR USE OF PUBLIC RIGHT-OF-WAY FOR OUTDOOR DINING DECKS.” Authorize the City Attorney to make necessary non-monetary changes to the contract.
Authorize the City Manager to execute the license agreements with dining deck operators and any other documents necessary to effectuate this action.
Motion Carried (5 to 0)
11.c
INTRODUCTION OF AN ORDINANCE UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 5.11, DISCLOSURES UPON TRANSFER OF RESIDENTIAL PROPERTY AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
1. STR Residential Disclosure.pdf
2. Attachment 1 - Draft Ordinance re STR Disclosure.pdf
3. Attachment 2 - STR Disclosure Ord - Attachment A .pdf
4. Public Comment.pdf
Mayor Quintanilla opened the public hearing.
Development Services Director Cannone verbalized a staff report and responded to City Council inquiries.
Brad Anderson
, Rancho Mirage resident, spoke in opposition to proposed Ordinance.
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 an Ordinance No. 1421 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 5.11, DISCLOSURES UPON TRANSFER OF RESIDENTIAL PROPERTY AND MAKING FINDINGS UNDER CEQA.” Motion Carried (5 to 0)
12. INFORMATION ITEMS
None.
13. ADJOURNMENT
The City Council adjourned at 5:38 p.m.
14. PUBLIC NOTICES