PALM DESERT CITY COUNCIL
MEETING - REVISED AGENDA

Thursday, February 15, 2024

3:30 P.m. - 6:30 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: January 25, 2024

4.b

Conference with Real Property Negotiations pursuant to Government Code Section 54956.8

4.b.1

PROPERTY DESCRIPTION: 73710 FRED WARING DRIVE, PALM DESERT

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

4.c

Conference with Legal Counsel regarding Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)2

One (1) matter that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation.

5.

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

6.

PLEDGE OF ALLEGIANCE

Mayor Pro Tem Harnik

7.

INSPIRATION

Councilmember Trubee

8.

REPORT OF CLOSED SESSION

City Attorney Shah

9.

AWARDS, PRESENTATIONS, AND APPOINTMENTS

9.a

PROCLAMATION - COLORECTAL CANCER AWARENESS MONTH

9.b

PRESENTATION REGARDING THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION'S 2024 DRAFT TRAFFIC RELIEF PLAN

9.c

CVAG PRESENTATION RELATIVE TO DUST MITIGATION

10.

CITY MANAGER COMMENTS

10.a

SHERIFF'S DEPARTMENT UPDATE

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 January 25, 2024.

13.b

APPROVAL OF WARRANTS

• RECOMMENDATION:

  Approve the warrants issued for the period 11/29/2023 to 2/1/2024.

13.c

RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES

• RECOMMENDATION:

  Receive and file the applications for Alcoholic Beverage Licenses for:

        1. RJHS Gas & Food Store, Inc. ARCO AMPM 73980 HWY 111, Palm Desert

13.d

ADOPTION OF ORDINANCE NO. 1407 REPEALING SECTION 2.38.050 OF CHAPTER 2.38 (“GENERAL MUNICIPAL ELECTIONS”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”) OF THE PALM DESERT MUNICIPAL CODE

• RECOMMENDATION:

  Adopt Ordinance No. 1407 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING SECTION 2.38.050 OF CHAPTER 2.38 (“GENERAL MUNICIPAL ELECTIONS”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”) OF THE PALM DESERT MUNICIPAL CODE IN ORDER TO ELIMINATE RANKED CHOICE VOTING FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL”.

13.e

ADOPTION OF ORDINANCE NO. 1408 ADDING CHAPTER 2.74 TO TITLE 2 OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING A MUNICIPAL LIBRARY FOR THE CITY, AND MAKING A FINDING OF EXEMPTION UNDER CEQA

• RECOMMENDATION:

  Adopt Ordinance No. 1408 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 2.74 TO TITLE 2 OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING A MUNICIPAL LIBRARY FOR THE CITY, AND MAKING A FINDING OF EXEMPTION UNDER CEQA”.

13.f

AWARD OF CONTRACT TO LANCE, SOLL & LUNGHARD, LLP TO PERFORM PROFESSIONAL AUDITING SERVICES FOR THE FISCAL YEARS ENDING JUNE 30, 2024, THROUGH 2026

• RECOMMENDATION:
  1. Approve a contract to Lance, Soll & Lunghard, LLP (LSL, CPAS) in substantial form to perform professional auditing services for the fiscal years ending June 30, 2024, through 2026 in the amount of $89,082 for the first year, and two subsequent years as outlined in Exhibit C of the contract.
  2. Authorize the Finance Director to negotiate other services that may be necessary from time to time in an amount reasonable for such services.
  3. Authorize the City Attorney to make any necessary, non-monetary changes to the agreement.
  4. Authorize the City Manager to execute the contract and the City Manager or his designee to take any actions necessary to facilitate the contract.

13.g

APPROVE A THREE-YEAR LEASE AGREEMENT NO. C47060 WITH TWO, ONE-YEAR EXTENSIONS BETWEEN THE CITY OF INDIAN WELLS AND CITY OF PALM DESERT FOR THE USE OF INDIAN WELLS FIRE STATION NO. 55

• RECOMMENDATION:
  1. Approve a three-year lease Agreement No. C47060 with two, one-year extensions between the City of Indian Wells and the City of Palm Desert for the use of Indian Wells Fire Station No. 55.
  2. Authorize the City Attorney to make any necessary, nonmonetary changes to the agreement.
  3. Authorize the City Manager or designee to execute the lease agreement between the City of Indian Wells and the City of Palm Desert.

13.h

APPROVE AGREEMENT WITH FLOCK SAFETY FOR AUTOMATED LICENSE PLATE RECOGNITION SOFTWARE SUBSCRIPTION FOR A TERM OF FIVE YEARS

• RECOMMENDATION:
  1. Approve Agreement No. C47070 with Flock Group, Inc., dba Flock Safety, for Automated License Plate Recognition (ALPR) software subscription for a term of five (5) years.
  2. Authorize the City Attorney to make necessary, non-monetary changes to the Agreement.
  3. Authorize the City Manager to execute the Agreement and any documents necessary to effectuate the actions taken herewith.

13.i

RECEIVE AND FILE THE CITY OF PALM DESERT AUDITED ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2023

• RECOMMENDATION:

  Receive and file the audited Annual Comprehensive Financial Report (ACFR) for the City of Palm Desert for the Fiscal Year ended June 30, 2023.

13.j

RECEIVE AND FILE THE INDEPENDENT ACCOUNTANTS’ REPORT ON AGREED-UPON PROCEDURES PERFORMED ON THE MEASURE A TRANSPORTATION FUND FOR THE FISCAL YEAR ENDED JUNE 30, 2023

• RECOMMENDATION:

  Receive and file the Independent Accountants’ Report on Agreed-Upon Procedures Performed on the Measure A Transportation Fund for the fiscal year ended June 30, 2023.

13.k

ACCEPT CONTRACT NO. C45240 AS COMPLETE FOR THE FRED WARING DRIVE STREET IMPROVEMENT PROJECT (PROJECT NO. CST00022)

• RECOMMENDATION:
  1. Accept Contract No. C45240 with Matich Corporation of San Bernadino, California, for the Fred Waring Drive Street Rehabilitation Project as complete and authorize the City Clerk to file the Notice of Completion (Project No. CST00022).
  2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion.

13.l

APPROVE SPECIAL EVENT PREPAID EXPENDITURES FOR FISCAL YEAR 2024/25

• RECOMMENDATION:
  1. Approve prepaid expenditures in an amount not to exceed $130,000 from the Fiscal Year 2024/25 Budget for production of the 2024 Independence Day Celebration and October Concerts in the Park Series.
  2. Authorize the City Manager to execute vendor contracts associated with production of the events.

13.m

RECEIVE AND FILE THE 2024 WORK PLAN FOR THE PUBLIC SAFETY COMMITTEE

• RECOMMENDATION:

  Receive and file the 2024 Work Plan for the Public Safety Committee.

13.n

PURCHASE OF A STREET SWEEPER TO IMPROVE CITYWIDE ROADWAY AND PARKING LOT MAINTENANCE

• RECOMMENDATION:
  1. Authorize the purchase of an Elgin Broom Bear Street Sweeper from Haaker Equipment Company from La Verne, California, in the amount of $454,194.27.
  2. Authorize the Director of Finance to set aside a contingency of $25,000 for any unforeseen fees and ancillary equipment.
  3. Authorize the Finance Director to appropriate funds in the amount $479,194.27 from unobligated Equipment Replacement Fund to Account No. 5304310-4403000.
  4. Authorize City Manager or designee to approve the use of the contingency and any documents necessary to effectuate actions taken herewith.

13.o

REAFFIRM APPROVAL OF A CONSERVATION EASEMENT WITH THE COACHELLA VALLEY CONSERVATION COMMISSION FOR LANDS WITHIN THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PROGRAM

• RECOMMENDATION:
  1. Reaffirm approval of the Conservation Easement with the Coachella Valley Conservation Commission (CVCC) for lands within the Coachella Valley Multiple Species Habitat Conservation Program (CVMSHCP).
  2. Authorize the City Manager to execute the Conservation Easement document.

13.p

RECEIVE AND FILE AN INFORMATIONAL REPORT FOR THE CITY-OWNED PARCEL LOCATED AT THE NORTHEAST CORNER OF OCOTILLO DRIVE AND TUMBLEWEED LANE

• RECOMMENDATION:

  Receive and file an informational report for the City-owned parcel located at the northeast corner of Ocotillo Drive and Tumbleweed Lane.

13.q

RECEIVE AND FILE REPORT RELATED TO TRANSIENT OCCUPANCY TAX COMPLIANCE PROGRAM PERFORMED ON COLLECTIONS RECEIVED DURING FISCAL YEARS 2018-2019 THROUGH 2020-2021 AND WAIVE CERTAIN FINDINGS

• RECOMMENDATION:
  1. Receive and file a report related to Transient Occupancy Tax (TOT) Compliance Program for collections during Fiscal Years 2018-2019 through 2020-2021.
  2. Authorize Director of Finance to waive collection of findings related to attrition and cancellation charges and issue a one-time Notice of Forgiveness.
  3. Authorize Director of Finance to collect all other findings and authorize payment to Avenu for completion of Compliance Review Final Report.

13.r

PALM DESERT REDISTRICTING 2023: PUBLIC EDUCATION AND OUTREACH PLAN SUMMARY REPORT – REPORT ON THE BASIS ON WHICH THE CITY COUNCIL MADE ITS DECISIONS IN ACHIEVING COMPLIANCE WITH REDISTRICTING REQUIREMENTS AND CRITERIA [ELECTIONS CODE 21130(F)]

• RECOMMENDATION:
  1. Receive and file the Redistricting Public Education and Outreach Summary Report.
  2. Pursuant to Elections Code 21130(f), approve the report which explains the basis on which the City Council made its decisions in achieving compliance with the redistricting requirements and criteria.

13.s

APPROVAL OF PARK ORDINANCE WAIVERS FOR THE 2024 PALM DESERT HALF MARATHON AND 5K AND WILDFLOWER FESTIVAL EVENTS

• RECOMMENDATION:

  Approve temporary waiver of the following Palm Desert Municipal Code (PDMC) sections for the 2024 Palm Desert Half Marathon and 5K and Wildflower Festival Events:

  1. 11.01.20 (Hours of Use in City Parks)
  2. 11.01.140 (Amplified Sound in City Parks)
  3. 11.01.080 H (Camping)
  4. 11.01.080 O (Placement of Advertising Signage in City Parks)
  5. 11.01.080 Q (Vendor Sales in City Parks)
  6. 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040

13.t

ESTABLISHMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE ON THE NAMING OF PARKS

• RECOMMENDATION:

  Confirm the appointment of Councilmembers Kelly and Trubee to a City Council Ad Hoc Subcommittee on the naming of parks.

13.u

ESTABLISHMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE ON MAYORAL ROTATION

• RECOMMENDATION:

  Confirm the appointment of Mayor Pro Tem Harnik and Mayor Quintanilla to a City Council Ad Hoc Subcommittee on the Mayoral Rotation.

13.v

RATIFY A LETTER TO THE CALIFORNIA LEGISLATURE URGING THE PROTECTION OF DEDICATED REGIONAL EARLY ACTION PLANNING GRANTS PROGRAM FUNDING

• RECOMMENDATION:

  Ratify a letter to the California Legislature urging the protection of dedicated Regional Early Action Planning Grants (REAP 2.0) program funding.

13.w

ADOPT RESOLUTION NO. 2024-004 ESTABLISHING THE 2024 CITY COUNCIL GOALS AND PRIORITIES

• RECOMMENDATION:

  Adopt Resolution No. 2024-004 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE CITY COUNCIL GOALS AND PRIORITIES FOR THE 2024 CALENDAR YEAR.”

13.x

RECEIVE AND FILE THE INVESTMENT REPORT, GENERAL FUND, PARKVIEW OFFICE COMPLEX, AND DESERT WILLOW GOLF RESORT FINANCIAL MONTHLY REPORTS FOR NOVEMBER AND DECEMBER 2023

• RECOMMENDATION:

  Receive and file the monthly Investment Report, General Fund, Parkview Office Complex, and Desert Willow Golf Resort Financial Monthly Reports for November and December 2023.

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

APPROVAL OF RESOLUTION NOS. 2024-005 AND 2024-006 APPROVING 2023-24 MID-YEAR BUDGET ADJUSTMENTS AND REVISED STAFF ALLOCATION SCHEDULE

• RECOMMENDATION:
  1. Adopt Resolution No. 2024-005 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-24 BUDGET AS A RESULT OF MID-YEAR ADJUSTMENTS”.
  2. Adopt Resolution No. 2024-006 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AUTHORIZED CLASSIFICATIONS AND ALLOCATED POSITIONS INCLUDED HEREIN ATTACHED AS EXHIBIT “A” AND RESCINDING RESOLUTION NO. 2023-022”.

14.b

APPROVE RESOLUTION NO. 2024-007 AUTHORIZING THE ISSUANCE OF UNIVERSITY PARK COMMUNITY FACILITIES DISTRICT NO. 2021-1 SPECIAL TAX BONDS, SERIES 2024

• RECOMMENDATION:

  Adopt Resolution No. 2024-007 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACTING FOR ITSELF AND AS THE LEGISLATIVE BODY OF CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK), TO AUTHORIZE THE ISSUANCE OF THE DISTRICT’S SPECIAL TAX BONDS, SERIES 2024, AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH)".

14.c

APPROVE AGREEMENT NO. C47080 IN SUBSTANTIAL FORM BY AND BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE SETTING THE TERMS FOR WITHDRAWAL FROM THE RIVERSIDE COUNTY LIBRARY SYSTEM

• RECOMMENDATION:
  1. Approve Agreement No. C47080 in substantial form and authorize the City Manager to finalize the agreement with the County of Riverside setting the terms for withdrawal from the Riverside County Library system.
  2. Authorize the City Attorney to make any necessary, non-monetary changes to the agreement.
  3. Authorize the City Manager to execute all documents necessary to effectuate this action.

      

14.d

EXECUTE LEASE AGREEMENT NO. C47090 BETWEEN THE CITY OF PALM DESERT AND THE DESERT COMMUNITY COLLEGE DISTRICT FOR 20,802 SQUARE FEET OF SPACE IN THE LIBRARY BUILDING LOCATED AT THE SOUTH END OF THE CAMPUS

• RECOMMENDATION:
  1. Authorize the City Manager to enter into an up to five-year lease Agreement No. C47090 with the Desert Community College District to lease 20,802 square feet of space in the library building at the south end of the campus in the base-year amount of $112,310.37 with a separate $23,000 credit in year-one only.
  2. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
  3. Authorize the City Attorney to make any necessary conforming and clarifying changes acceptable to the City Manager.
  4. Authorize the City Manager to execute all documents necessary to effectuate this action.

14.e

APPROVE AMENDMENT NO. 3 TO THE CITY MANAGER'S EMPLOYMENT AGREEMENT NO. C41110 EFFECTIVE MARCH 1, 2024

• RECOMMENDATION:

  Approve Amendment No. 3 to the City Manager’s Employment Agreement No. C41110 with L. Todd Hileman (Exhibit A) effective March 1, 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.

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