PALM DESERT CITY COUNCIL
MEETING AGENDA

Thursday, January 11, 2024

3:30 P.m. - 5:30 P.m.

Council Chamber, City Hall

73-510 Fred Waring Drive

Palm Desert, California

 

This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and the Palm Desert Housing Authority. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person, and up to two Councilmembers may attend remotely.

WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website: www.palmdesert.gov under the “Council Agenda” link at the top of the homepage, or on
the City’s YouTube Channel.

OPTIONS FOR PARTICIPATING IN THIS 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: .

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. Emails will not be read aloud at the meeting.

 

OPTION 2: LIVE VIA ZOOM

1. Access via palmdesert.gov/zoom  or zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572.

 

OPTION 3: LIVE VIA TELEPHONE

1. (213) 338-­8477 and enter Meeting ID 833 6744 9572 followed by #.
2. Indicate that you are a participant by pressing # to continue.
3. 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.

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1.

CALL TO ORDER - CLOSED SESSION - 3:30 P.M.

2.

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 utilize one of the three options listed on the first page of this agenda.

3.

RECESS TO CLOSED SESSION

4.

CLOSED SESSION AGENDA

The following items will be considered in closed session:

4.a

Closed Session Meeting Minutes: December 14, 2023

4.b

Conference with Real Property Negotiations pursuant to Government Code Section 54956.8

4.b.1

PROPERTY DESCRIPTION: 72559 HIGHWAY 111, PALM DESERT

Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: Palm Desert Area Chamber of Commerce
Under Negotiation: Price and Terms

4.b.2

PROPERTY DESCRIPTION: DESERT WILLOW LOT PAD B, APN 620-400-008, -023

Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja 
Negotiating Parties: Desert Wave Ventures, LLC 
Under Negotiation: Price and Terms

4.b.3

PROPERTY DESCRIPTION: DESERT WILLOW LOT PADS C, D, AND E

City-owned APNs 620-370-002, 620-370-003, 620-370-004, 620-370-017, 620-370-018, 620-370-020, and 620-370-033
SARDA-owned APNs 620-450-012, 620-450-013, 620-045-014, 620-450-016, 620-450-017, 620-450-018, and 620-450-020
Agency: City of Palm Desert and Successor Agency
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: Bilieu Companies
Under Negotiation: Price and Terms

5.

ROLL CALL - REGULAR MEETING - 4:00 P.M.

6.

PLEDGE OF ALLEGIANCE

Councilmember Trubee

7.

INSPIRATION

Mayor Pro Tem Harnik

8.

REPORT OF CLOSED SESSION

City Attorney Shah

9.

AWARDS, PRESENTATIONS, AND APPOINTMENTS

9.a

COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT UPDATE

10.

CITY MANAGER COMMENTS

11.

MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION

12.

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 utilize one of the three options listed on the first 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.

13.

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.

• RECOMMENDATION:

  To approve the consent calendar as presented.

13.a

APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES

• RECOMMENDATION:

  Approve the Minutes of December 14, 2023.

13.b

APPROVAL OF WARRANTS

• RECOMMENDATION:

  Approve the warrants issued for the period 10/31/2023 to 1/4/2024.

13.c

ADOPT RESOLUTION 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

• RECOMMENDATION:

  Adopt resolution 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.

13.d

NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM UPDATE (PROJECT NO. CST00004)

• RECOMMENDATION:

  Receive and file update on the Neighborhood Traffic Management Program.

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)

• RECOMMENDATION:
  1. Accept the Desert Willow Perimeter Landscape Renovation Phase II Project as complete.
  2. Authorize the City Clerk to file the Notice of Completion.

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)

• RECOMMENDATION:
  1. Accept the Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project as complete.
  2. Authorize the City Clerk to file the Notice of Completion.

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

• RECOMMENDATION:
  1. 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.
  2. Authorize the City Manager to execute the California Department of Alcoholic Beverage Control documents or other documents to effectuate the action herein, as required.

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

• RECOMMENDATION:

  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.

13.i

REALLOCATE $5,000 OF UNITE PALM DESERT SECURITY CAMERA GRANT FUNDS FOR A MISTER SYSTEM GRANT PROGRAM

• RECOMMENDATION:
  1. 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.
  2. Authorize the City Manager to execute any and all documents related to a mister system grant program.

13.j

ACCEPTANCE OF A RESIGNATION FROM THE PUBLIC SAFETY COMMITTEE AND MARKETING COMMITTEE - APPOINTMENT TO THE PUBLIC SAFETY COMMITTEE

• RECOMMENDATION:
  1. With regret, accept the resignation of Gary Bindman from the Public Safety Committee.
  2. With regret, accept the resignation of Erin Scott from the Marketing Committee.
  3. Appoint Stephen Nelson to the Public Safety Committee to fill the unscheduled vacancy for the term ending June 30, 2025.

13.k

APPROVE OUT-OF-STATE TRAVEL FOR THE PUBLIC AFFAIRS MANAGER TO PROMOTE PALM DESERT FOOD AND WINE

• RECOMMENDATION:

  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.

14.

ACTION CALENDAR

The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the three options listed on the first page of the agenda.

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

• RECOMMENDATION:
  1. Approve the Second Amendment to the Second Revised and Restated DDA between the City of Palm Desert and Desert Wave Ventures, LLC.
  2. Authorize the Mayor to execute said Agreements.
  3. 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.
  4. Authorize the City Manager to draft, negotiate, and execute other supporting agreements that may be required by the DDA.
  5. Authorize the City Manager to execute said agreements. 

14.b

AWARD CONTRACT 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)

• RECOMMENDATION:
  1. Award contract to Alta Planning + Design, Inc., of Los Angeles, California, to develop Palm Desert Vision Zero Strategy in the amount of $948,920.
  2. 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.
  3. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
  4. Authorize City Manager or designee to execute agreement and any documents necessary to effectuate actions taken herewith.

14.c

REQUEST FOR FEEDBACK AND DIRECTION REGARDING UPDATING ZONING AND BUSINESS REGULATIONS REGARDING CANNABIS MANUFACTURING BUSINESSES

• RECOMMENDATION:

  Review options within staff report and select Option 1 - Amend the Palm Desert Municipal Code (PDMC) to:

  1. Prohibit cannabis manufacturing businesses, except for Type P licenses that are limited to packaging and labeling of cannabis.
     1. Limit the number of cannabis manufacturing businesses to two (2).
  2. 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:
     1. Limited to one (1) business
     2. No retail storefront, delivery only [Note: cannabis retail is prohibited in SI].
     3. Manufacturing is limited to packaging and labeling.
  3. Update/clarify any inconsistent code sections.
  4. Establish an annual fee of $2,760 for cannabis regulatory permits for Type P Manufacturing, Microbusinesses, and Distribution businesses to cover the cost of semi-annual inspections.

      

14.d

APPROVE THE 2024 LIST OF SOCIAL MEDIA COMMEMORATIONS

• RECOMMENDATION:
  1. Provide direction on whether to commemorate Columbus Day and/or Indigenous Peoples’ Day.
  2. Approve the list of social media commemorations planned for 2024.

15.

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 first page of this agenda.

15.a

PALM DESERT REDISTRICTING 2023: PUBLIC HEARING #5 REGARDING REDISTRICTING OF CITY COUNCIL BOUNDARIES – CONSIDERATION OF ADOPTING A CITY COUNCIL ELECTION DISTRICT BOUNDARIES MAP AND ORDINANCE INTRODUCTION (TO COMMENCE AT 4:30 P.M. OR SOON THEREAFTER)

• RECOMMENDATION:
  1. Open the Public Hearing and receive public testimony.
  2. Adopt “Map 109 Renumbered B” as the City Council election district boundaries map.
  3. Introduce an Ordinance 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.”

16.

INFORMATION ITEMS

17.

ADJOURNMENT

18.

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.palmdesert.gov 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, [phone], 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.gov no less than 72 hours prior to the meeting.

 

/S/ Níamh M. Ortega 
Assistant City Clerk