PALM DESERT CITY COUNCIL
MEETING AGENDA

Thursday, May 09, 2024

4:00 P.m. - 5:00 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 - 4:00 P.M.

2.

ROLL CALL

3.

PLEDGE OF ALLEGIANCE

Mayor Pro Tem Harnik

4.

INSPIRATION

Councilmember Kelly

5.

AWARDS, PRESENTATIONS, AND APPOINTMENTS

5.a

RECOGNITION - CIVIC ACADEMY PARTICIPANTS

5.b

RECOGNITION - RETIRED COMMISSIONER KAREL LAMBELL

5.c

PROCLAMATION - POLLINATOR WEEK

6.

CITY MANAGER COMMENTS

6.a

SHERIFF DEPARTMENT UPDATE

7.

MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION

8.

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.

9.

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.

9.a

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

• RECOMMENDATION:

  Approve the Minutes of April 25, 2024.

9.b

APPROVAL OF WARRANT REGISTERS

• RECOMMENDATION:

  Approve the warrant registers issued for the period 4/22/2024 to 4/25/2024.

9.c

RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES

• RECOMMENDATION:

  Receive and file application for alcoholic beverage license for Jackson 6843 (Food Mart) 72300 Highway 111, Palm Desert, California 92260-2747

9.d

ADOPTION OF ORDINANCE NO. 1412 ADDING CHAPTER 9.71 TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS

• RECOMMENDATION:

  Adopt Ordinance No. 1412 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.71 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY”

9.e

ADOPTION OF ORDINANCE NO. 1413 AMENDING CHAPTER 2.74 OF THE PALM DESERT MUNICIPAL CODE TO ESTABLISH A PALM DESERT LIBRARY BOARD OF TRUSTEES AND LIBRARY ADVISORY COMMITTEE AND MAKING A FINDING OF EXEMPTION UNDER CEQA

• RECOMMENDATION:

  Adopt Ordinance No. 1413 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.74 OF THE PALM DESERT MUNICIPAL CODE TO ESTABLISH A LIBRARY BOARD OF TRUSTEES AND LIBRARY ADVISORY COMMITTEE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA.”

9.f

APPROVE RESOURCE PRESERVATION AND ENHANCEMENT COMMITTEE 2024/2025 WORK PLAN

• RECOMMENDATION:

  Approve the Resource Preservation and Enhancement Committee’s 2024/2025 Work Plan.

9.g

RECEIVE AND FILE A CERTIFICATE OF APPRECIATION FROM THE WORLD ROMA FEDERATION

• RECOMMENDATION:

  Receive and file a Certificate of Appreciation from the World Roma Federation.

9.h

APPROVAL OF EIGHTEEN (18) SCULPTURES AND SIX (6) ALTERNATE SCULPTURES FOR THE FY 2025/2026 EL PASEO SCULPTURE EXHIBITION

• RECOMMENDATION:
  1. Approve eighteen (18) sculptures and six (6) alternate sculptures for the 2025/2026 El Paseo Sculpture Exhibition.
  2. Approve honorarium of $5,000 for each of the participating artists.
  3. Authorize staff to finalize negotiations of the subject contracts with the eighteen (18) artists and authorize City Manager to execute same, subject to the satisfaction of the City Attorney.
  4. Authorize City Manager to make changes to sculpture selection based on staff recommendation.

9.i

AUTHORIZE CITY MANAGER TO AWARD LIBRARY FURNITURE, FIXTURE, FINISHES, AND EQUIPMENT CONTRACTS TO MULTIPLE VENDORS TO OUTFIT THE LIBRARY LOCATED AT 73-300 FRED WARING DRIVE IN THE ADDITIONAL AMOUNT OF $42,000

• RECOMMENDATION:
  1. Authorize increase of $42,000 to previously approved City Manager Not to Exceed threshold of $650,000 for furniture, fixture, and equipment (FF&E) vendors for the library located at 73-300 Fred Waring Drive, for a total of $692,000.
  2. Authorize the City Manager to execute any agreements, amendments, and all other documents necessary to effectuate this action.
  3. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.

9.j

APPROVE A ONE YEAR LEASE AGREEMENT WITH ONE, ONE-YEAR EXTENSION WITH CHRIS NELSON FOR THE OPERATION OF A REMOTE CONTROLLED RACETRACK ON THE VACANT CITY-OWNED PARCEL, ASSESSOR’S PARCEL NO. 640-091-010

• RECOMMENDATION:
  1. Approve a one (1) year lease agreement with one (1), one (1) year extension with Chris Nelson for the operation of a remote controlled racetrack on the vacant City-owned parcel with Assessor’s Parcel No. (APN) 640-091-010.
  2. Authorize the City Attorney to make necessary, nonmonetary changes to the lease agreement.
  3. Authorize the City Manager to execute the lease and any and all related documents.

9.k

RESOLUTION FOR THE NATIONAL WILDLIFE FEDERATION’S MAYORS’ MONARCH PLEDGE TO RENEW THE CITY’S EFFORTS TO PROTECT AND ENHANCE THE POLLINATOR POPULATION

• RECOMMENDATION:
  1. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY TO ENTER INTO THE NATIONAL WILDLIFE FEDERATION MAYORS’ MONARCH PLEDGE.”
  2. Authorize staff to work in collaboration with the Living Desert Zoo and Gardens and University of California, Riverside (UCR) Palm Desert Center to carry out the three specific actions listed below within the next year:
     1. Issue a Proclamation to raise awareness about the decline of the monarch butterfly and the species’ need for habitat.
     2. Increase the area of pollinator-friendly demonstration garden at Civic Center Park.
     3. Support milkweed propagation by planting milkweed at various City parks and medians, where advisable.

9.l

RESOLUTION DENYING A STREET VACATION OF AN 8,582 SQUARE FOOT PORTION OF SHADOW LAKE DRIVE IN FAVOR OF A PROPERTY AT 73745 SHADOW LAKE DRIVE

• RECOMMENDATION:

  Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A PROPOSED STREET VACATION OF AN 8,582 SQUARE FOOT PORTION OF SHADOW LAKE DRIVE IN FAVOR OF A PROPERTY AT 73745 SHADOW LAKE DRIVE IS CONSISTENT WITH THE CITY OF PALM DESERT GENERAL PLAN (APNS: 627-342-001).”

9.m

RESOLUTION OF SUPPORT FOR THE PROPOSED CHUCKWALLA NATIONAL MONUMENT, INCLUDING EXPANSION OF JOSHUA TREE NATIONAL PARK

• RECOMMENDATION:

  Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, IN SUPPORT OF THE ESTABLISHMENT OF THE PROPOSED CHUCKWALLA NATIONAL MONUMENT AND EXPANSION OF JOSHUA TREE NATIONAL PARK VIA AN ADJACENT NATIONAL MONUMENT.”

9.n

APPROVE THE START OF PROCEEDINGS TO LEVY AND COLLECT ANNUAL ASSESSMENTS AND GRANT PRELIMINARY APPROVAL OF THE 2024-25 ENGINEER’S REPORT FOR CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO.1

• RECOMMENDATION:
  1. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO INITIATE PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2024-25.
  2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT THE ANNUAL ASSESSMENTS FOR CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2024-25 AND PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT.”
  3. Set a public hearing to be held at the City Council meeting of June 27, 2024, at 4 p.m.

9.o

APPROVE THE START OF PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2024/2025

• RECOMMENDATION:
  1. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR PLAM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEARS 2024/2025.”
  2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2024/2025, PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 AND APPOINTING A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS.”
  3. Set a public hearing to be held at the City Council meeting of June 27, 2024, at 4 p.m.

10.

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.

10.a

INTRODUCTION OF AN ORDINANCE ADDING SECTION 2.38.070 TO THE PALM DESERT MUNICIPAL CODE TO ALLOW FOR THE ELECTRONIC OR PAPER FILING OF CAMPAIGN FINANCE DISCLOSURE STATEMENTS

• RECOMMENDATION:

  Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 2.38.070 TO THE PALM DESERT MUNICIPAL CODE APPROVING ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN FINANCE DISCLOSURE STATEMENTS.”

10.b

REQUEST FOR DIRECTION REGARDING LUPINE PLAZA PROJECT CST00015

• RECOMMENDATION:

  Provide staff direction on the Lupine Plaza Project CST00015.

11.

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.

11.a

APPEAL OF THE DEVELOPMENT SERVICES DIRECTOR DETERMINATION THAT A LIVING ROOM CANNOT BE COUNTED AS A BEDROOM FOR PURPOSES OF A SHORT-TERM RENTAL

• RECOMMENDATION:
  1. Find that this report, including attachments, and any additional evidence provided at the hearing provides satisfactory evidence that the Development Services Director’s determination was correct.
  2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPHOLDING THE DEVELOPMENT SERVICES DIRECTOR DETERMINATION THAT A LIVING ROOM CANNOT BE COUNTED AS A BEDROOM FOR PURPOSES OF A SHORT-TERM RENTAL AND MAKING FINDINGS IN SUPPORT THEREOF.”

12.

INFORMATION ITEMS

13.

ADJOURNMENT

14.

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