HomeMy WebLinkAbout2021-05-131
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CITY OF PALM DESERT
REGULAR
PALM DESERT CITY COUNCIL (CC),
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA),
AND HOUSING AUTHORITY (HA) MEETING
(VIRTUAL MEETING)
MINUTES
THURSDAY, MAY 13, 2021
CALL TO ORDER — 3:00 P.M.
Mayor Kelly convened the meeting at 3:00 p.m.
ROLL CALL
Present:
Mayor Pro Tem/Vice Chair/Vice Chairman Jan C. Harnik
Councilman/Director/Member Sabby Jonathan
Councilmember/Director/Member Gina Nestande
Councilmember/Director/Member Karina Quintanilla
Mayor/Chair/Chairman Kathleen Kelly
Also Present:
Todd Hileman, City Manager/Executive Director
Robert W. Hargreaves, City Attorney
Andy Firestine, Assistant City Manager
Janet Moore, Director of Finance
M. Gloria Sanchez, Acting City Clerk/Acting Secretary
Niamh Ortega, Acting Deputy City Clerk
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY:
None
ADJOURN TO CLOSED SESSION:
A. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d) (4).
Potential cases: 1
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Redevelopment Agency, and Housing Authority Meeting
MAY 13, 2021
B. Conference involving a Joint Powers Agency: SunLine Transit Agency JPA
Discussion will concern: Potential Covid litigation
Name of local agency representative on joint powers agency board:
Mayor Kathleen Kelly
C. Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956(d)(1):
1) Vacation Rental Owners and Neighbors (VRON) of Palm Desert v. City of
Palm Desert, Riverside County Superior Court, Case No. CVPS2101252
With City Council concurrence, Mayor Kelly adjourned the meeting to Closed Session of
the City Council and Housing Authority at 3:01 p.m. She reconvened the meeting at 4:00
p.m.
RECONVENE THE CITY COUNCIL. SUCCESSOR AGENCY. AND HOUSING
AUTHORITY MEETING — 4:00 P.M.
a) Roll Call
b) Pledge of Allegiance to the Flag — Councilmember Karina Quintanilla
c) Inspiration/Invocation — Mayor Pro Tem Jan C. Harnik
REPORT ON ACTION FROM CLOSED SESSION
None
AWARDS AND PRESENTATIONS
1. PRESENTATION OF PROCLAMATION DECLARING MAY 16 - 22, 2021, AS
NATIONAL PUBLIC WORKS WEEK.
Mayor Kelly thanked the staff of the Public Works department for their ongoing
dedication to making sure that Palm Desert's roads, intersections and capital
projects continue to run smoothly. Mr. Randy Bowman received the proclamation
on behalf of the department staff. Mr. Hileman also thanked the staff for their work
and acknowledged their outstanding level of service.
Mayor Kelly recognized the month of May as Asian American and Pacific Islander
Heritage Month and encouraged residents to take some time to learn more about
their vast contributions to our society. In the face of incidents reported throughout
the country, she called on everyone to recommit to the principle of "If you see
something, say something, do something" when any group is victimized because
of their status.
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City Council, Successor Agency to the Palm Desert
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MAY 13, 2021
Mayor Kelly stated May is also Mental Health Month. She noted the additional
pressure and stress the ongoing pandemic has caused for some, and encouraged
everyone to be mindful of those around them. She also encouraged residents to
call Riverside County's social and mental health services hotline at 211 should
they or someone they know need assistance.
Mayor Kelly recognized the week of May 9 — 15 as National Police Week, first
acknowledged by former President John F. Kennedy in 1962. Additionally, May 15
is recognized as National Police Memorial Day to recall those who lost their lives
protecting citizens. She acknowledged the appropriate attention throughout the
country to police practices and training, and shared that Councilmembers receive
Critical Incident Reports that deeply affirm how important a well -trained police force
is to a civilized society. She thanked those willing to put themselves in harm's way
and serve the full community in that respect.
Mayor Kelly introduced Eric Ceja, Interim Director of Development Services, who
shared that recently, Southern California Association of Governments (SCAG)
announced the winners of its sustainability awards. The City of Palm Desert
received an award in the Active, Healthy and Safe Communities category for its
San Pablo Avenue Streetscape Project. Sunline Transit Agency also received an
award in the Clean Cities — Alternative Fuels and Infrastructure category for its
initiative titled "Driving the Future of Hydrogen". Mr. Ceja noted that it was quite an
achievement for two of the six awards to be presented to agencies in our
immediate vicinity. He summarized the awards received and applauded the efforts
put forth by both agencies. He also shared two videos highlighting the winning
projects of each agency.
NON -AGENDA PUBLIC COMMENTS
MR. BRAD ANDERSON, Rancho Mirage resident, commented on the Coachella Valley
Mosquito and Vector Control District. He noted that Palm Desert's Board representative
was recently reappointed and has served in that capacity for a number of years. He
highlighted some of the recent actions of the Board and encouraged residents to become
more involved.
CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and may be
approved by one (1) Minute Motion.
2. MINUTES of the regular City Council, Successor Agency, and Housing Authority
meeting of April 22, 2021.
Rec: Approve as presented.
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3. APPROVE CLAIMS AND DEMANDS WARRANTS — City: 3/16/2021, 3/19/2021,
3/26/2021 (Qty. 3), 4/5/2021, 4/9/2021, 4/16/2021, and 4/23/2021 (Qty. 2);
Successor Agency: 4/2/2021 and 4/30/2021; City and Housing Authority: 4/2/2021,
4/16/2021, 4/23/2021, and 4/30/2021.
Rec: Receive and file.
APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSE (CC).
a) City Wok, 74970 Country Club Drive, Palm Desert.
It was duly motioned by Councilmember Quintanilla and approved by a
4-0-1 vote to approve the application for Alcoholic Beverage License for City Wok.
(AYES: Jonathan, Nestande, Quintanilla and Kelly; NOES: None; ABSTAIN:
Harnik).
b) Islands Fine Burgers & Drinks, 72353 Highway 111. Pad B, Palm Desert.
c) The 19th Hole, 42305 Washington Street, Suites A, B, and C, Palm Desert.
d) Oceana Restaurants Inc., 77932 Country Club Drive, Unit 2-4, Palm Desert.
Rec: Receive and file.
CITIZENS' SUSTAINABILITY COMMITTEE MINUTES for the meeting of January
25, 2021 (CC).
Rec: Receive and file.
6. HOUSING COMMISSION MINUTES for the meetings of March 3 and April 7, 2021
(HA).
Rec: Receive and file.
7. REQUEST FOR APPROVAL of Hazy Palms by John Cuevas as the public art
component for the La Quinta Brewing Company (Tina Stokes, Applicant) (CC).
This item was removed from the Consent Calendar for separate consideration.
Councilmember Jonathan moved to, by Minute Motion, approve Hazy Palms
as the public art component for the La Quinta Brewing Company located at 74714
Technology Drive, Palm Desert. Motion was seconded by Harnik and carried by a
5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla and Kelly; NOES: None).
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8. REQUEST FOR APPROVAL of sponsorship request for a virtual Palm Desert
Food & Wine Festival (CC).
This item was removed from the Consent Calendar for separate consideration.
Councilmember Jonathan moved to, by Minute Motion, approve a one-year
$30,000 sponsorship for Palm Desert Food & Wine. Funds are available in Account
No. 1104416-4306201. Motion was seconded by Harnik and carried by a 5-0 vote
(AYES: Harnik, Jonathan, Nestande, Quintanilla and Kelly; NOES: None).
9. REQUEST FOR APPROVAL of additional expenditure of up to $250,000 for utility
relocations and Amendment No. 3 to Contract No. C37040 with Dudek of La
Quinta, for additional design services in an amount not to exceed $37,950, related
to President's Plaza East and West Parking Lot Improvements (Contract No.
C37040, Project No. 758-14) (CC).
Rec: By Minute Motion: a) Authorize the additional expenditure of up to $250,000
for utility relocations related to the project; b) authorize the City Manager or
his designee to take any action and execute any documents, necessary to
facilitate utility relocation agreements related to the project; c) approve
Amendment No. 3 to Contract No. C37040 with Dudek of La Quinta,
California, for additional design and construction engineering support
services in an amount not to exceed $37,950; d) appropriate $150,000 from
the Restricted Capital Project Fund 451 to Account No. 4514692-4400100;
e) authorize the Mayor to execute the agreements.
10. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. C37870A with
KOA Corporation, for engineering design services in an amount not to exceed
$99,897 for Haystack Road Traffic Calming and Safety Improvements (Contract
No. C37870A, Project No. 707-20) (CC).
Rec: By Minute Motion: a) Approve Amendment No. 1 to contract with KOA
Corporation, Monterey Park, California, for design services in an amount
not to exceed $99,897; b) reprogram $150,000 from the Cook Street
Widening Project to a Measure A account for the Haystack Road Traffic
Calming and Safety Improvements project; c) authorize the Mayor to
execute the agreement.
11. REQUEST FOR APPROVAL of Amendment No. 1 to with M&M Sweeping, Inc.,
for Citywide Commercial and Residential Street Sweeping in the amount of
$153,325.44, and include extra sweeping services up to the amount of $10,000
(Contract No. C38461, Project No. 754-22) (CC).
Rec: By Minute Motion: a) Approve a one-year extension to Contract No. C38460
with M&M Sweeping, Inc., for Citywide Commercial and Residential Street
Sweeping in the amount of $153,325.44; b) authorize extra sweeping
services up to the amount of $10,000; c) authorize the City Manager to
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MAY 13, 2021
execute said amendment, the remaining one-year contract extension, and
any change orders associated with this contract based on staff's
recommendations. Funds are available in General Fund Account No.
1104310-4332000, Street Repair and Maintenance.
12. REQUEST FOR APPROVAL to extend Contract No. C36620 for Professional
Services to the Family YMCA of the Desert, for one year of management and
staffing at the Palm Desert Aquatic Center in the amount of $165,000 plus
reimbursement of additional costs included in agreement (Contract No. C36621)
(CC).
Rec: By Minute Motion: a) Extend Contract No. C36620 for professional services
to the Family YMCA of the Desert ("YMCA"), Palm Desert, California, for
management and staffing of the Palm Desert Aquatic Center, effective July
1, 2021, through June 30, 2022; b) authorize the Mayor to execute the
contract extension. Funds are available in the following accounts: Aquatic
Contracted Labor - Account No. 2424549-4802101; Prof - Other - Account
No. 2424549-4309000; Prof — Other, Admin Expenses - Account No.
2424549-4309300; COGS - Food & Merchandise - Account No. 2424549-
4801100.
13. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C35520C — San
Pablo Streetscape Improvements Phase I Project (Project No. 691-16) (Granite
Construction Company, Indio, CA) (CC).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk
to file a Notice of Completion for the subject project.
14. REQUEST TO RATIFY the City Manager's emergency declaration to enter into a
Professional Services Agreement with Hinderliter De Llamas and Associates (HdL)
to outsource the City's Business License functions (Contract No. C41450) (CC).
Rec: By Minute Motion, ratify the City Manager's use of an emergency
declaration to enter into a PSA with HDL for City business licensing
functions.
15. REQUEST FOR AUTHORIZATION of the use of Lowe's Home Centers, Inc.,
Home Depot U.S.A., Inc., and HD Supply Facilities Maintenance for Purchase of
Materials, Supplies and Appliances for Palm Desert Housing Authority Properties
for Fiscal Year 2021/2022 (Contract Nos. HA41460A-C1 (HA).
Rec: By Minute Motion, that the Authority Board: a) Authorize the use of Lowe's
Home Centers, Inc., Contract No.HA41460A for the purchase of materials,
supplies and appliances pursuant to Section 3.30.160(L) and 3.30.160(E)
of the Palm Desert Municipal Code, for FY 2021/2022 in an amount not to
exceed $220,000 (includes approximately $115,000 for the purchase of
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appliances and approximately $105,000 for materials and supplies); b)
Authorize the use of Home Depot U.S.A., Inc. Contract No. HA41460B for
the purchase of materials and supplies pursuant to Section 3.30.160(L) and
3.30.160(E) of the Palm Desert Municipal Code, for FY 2021/2022 in an
amount not to exceed $45,000; c) Authorize the use of HD Supply Facilities
Maintenance, Contract No. HA41460C for the purchase of materials and
supplies pursuant to Section 3.30,160(L) and 3.30.160(E) of the Palm
Desert Municipal Code, for FY 2021/2022 in an amount not to exceed
$210,000; d) Authorize the disposal and recycling of inefficient, damaged,
obsolete and non-functioning appliances as appropriate in accordance with
EPA standards and declare as surplus at the time of removal from the
properties.
16. REQUEST FOR AUTHORIZATION to streamline the use of named vendors for
the Palm Desert Housing Authority by granting an exception to the bidding
requirements and approving the Authority Vendor List (HA).
Rec: By Minute Motion, that the Authority Board: a) Grant an exception to the
bidding requirements, as provided for by Section 3.30.160(K) of the Palm
Desert Municipal Code; b) Approve the Authority Vendor List pursuant to
Section 3.30.160(K) for purposes of providing recurring, routine contractual
services, including maintenance work, and materials, supplies, and
equipment effective July 1, 2021, not to exceed $25,000 or as noted on the
vendor list, for each named vendor per property (in a 12 month period).
17. REQUEST FOR DECLARATION of surplus property and authorization of disposal
— electronics, office furniture, and miscellaneous equipment (CC).
This item was removed from the Consent Calendar separate consideration.
Councilmember Jonathan moved to, by Minute Motion, declare items listed
in the accompanying staff report's Exhibit A as surplus and authorize disposal as
appropriate. Motion was seconded by Harnik and carried by a 5-0 vote (AYES:
Harnik, Jonathan, Nestande, Quintanilla and Kelly; NOES: None).
Upon motion by Councilmember Quintanilla, second by Harnik, and 5-0 vote
of the City Council, the remainder of Consent Calendar was approved as presented
(AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None).
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ACTION CALENDAR
MAY 13, 2021
18. REQUEST FOR APPROVAL OF A COOPERATIVE AGREEMENT WITH THE
RIVERSIDE COUNTY FIRE DEPARTMENT TO PROVIDE FIRE PROTECTION,
FIRE PREVENTION, RESCUE, AND MEDICAL EMERGENCY SERVICES FOR.
THE CITY OF PALM DESERT (CONTRACT NO. C41470) (CC).
Mayor Pro Tem Harnik moved to, by Minute Motion, approve a Cooperative
Agreement with the Riverside County Fire Department to provide fire protection,
fire prevention, rescue, and medical emergency services for the City of Palm
Desert, as approved to final form by the City Attorney, and authorize the Mayor to
execute said agreement. Motion was seconded by Quintanilla and carried by a
5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla and Kelly; NOES: None).
19. RESOLUTION NO. 2021-12 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, RESCINDING AND REPLACING
RESOLUTION NO. 2021-08, ADOPTING AUTHORIZED CLASSIFICATIONS,
ALLOCATED POSITIONS, SALARY SCHEDULE AND SALARY RANGES
INCLUDED HEREIN AND ATTACHED AS "EXHIBIT A" EFFECTIVE WITH PAY
PERIODS ENDING AFTER MAY 1, 2021 (CC). •
Councilmember Quintanilla moved to waive further reading and adopt
Resolution No. 2021-12, rescinding and replacing Resolution No. 2021-08, Salary
resolution and Exhibit A Schedule of Authorized/Allocated Classifications. Motion
was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan,
Nestande, Quintanilla and Kelly; NOES: None).
20. REQUEST FOR APPROVAL TO INITIATE PROCEEDINGS TO LEVY AND
COLLECT ANNUAL ASSESSMENTS WITHIN AND GRANT PRELIMINARY
APPROVAL OF THE FISCAL YEAR 2021/2022 ENGINEER'S REPORT FOR
CONSOLIDATED PALM DESERT LANDSCAPING & LIGHTING MAINTENANCE
DISTRICT NO. 1 (CC).
Mayor Pro Tem Harnik moved to waive further reading and adopt: a)
Resolution No. 2021-13, initiating proceedings for the levy and collection of annual
assessments for Consolidated Palm Desert Landscaping & Lighting Maintenance
District No. 1 for fiscal year 2021/2022; and b) Resolution No. 2021-14, declaring the
intent to levy and collect annual assessments within and granting preliminary
approval of the 2021/2022 Engineer's Report for Consolidated Palm Desert
Landscaping & Lighting Maintenance District No. 1. Motion was seconded by
Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla
and Kelly; NOES: None).
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21. REQUEST FOR APPROVAL TO INITIATE PROCEEDINGS TO LEVY THE
ANNUAL ASSESSMENT FOR CITY OF PALM DESERT BENEFIT
ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2021/2022 (CC).
Councilmember Nestande moved to waive further reading and adopt: a)
Resolution No. 2021-15, initiating proceedings for the levy and collection of
assessments for City of Palm Desert Benefit Assessment District No. 1 for fiscal
year 2021/2022; and b) Resolution No. 2021-16, declaring its intention to levy the
annual assessment for City of Palm Desert Benefit Assessment District No. 1 for
fiscal year 2021/2022, pursuant to the Benefit Assessment Act of 1982 and
appointing a time and place for the public hearing on these matters. Motion was
seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande,
Quintanilla and Kelly; NOES: None).
22. REQUEST FOR APPROVAL TO INITIATE PROCEEDINGS TO RENEW THE
PRESIDENT'S PLAZA PROPERTY III PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS
THEREIN (CC).
Mayor Pro Tem Harnik moved to waive further reading and adopt: a)
Resolution No. 2021-17, initiating proceedings for the renewal of the President's
Plaza III Property and Business Improvement District and the levy and collection of
assessments for fiscal year 2021/2022, pursuant to the provisions of part 7 of
division 18 of the California Streets and Highways Code; b) Resolution No. 2021-
18, describing proposed improvements and services and granting preliminary
approval to the 2021/2022 Management District Plan/Engineer's Report regarding
the proposed renewal of the President's Plaza III Property and Business
Improvement District, pursuant to the provisions of part 7 of division 18 of the
California Streets and Highways Code; and c) Resolution No. 2021-19, declaring
the City's intention to renew the President's Plaza III Property and Business
Improvement District and to levy and collect assessments therein, and calling for
an assessment ballot proceeding to submit to the qualified property owners within
that district the question of levying district assessments, commencing with fiscal
year 2021/2022. Motion was seconded by Nestande and carried by a 5-0 vote
(AYES: Harnik, Jonathan, Nestande, Quintanilla and Kelly; NOES: None).
23. RESOLUTION NOS. 2021-20 AND 2021-21: A) APPROVING A DEPOSIT AND
REIMBURSEMENT AGREEMENT AND THE ENGAGEMENT OF CERTAIN
FINANCING PROFESSIONALS FOR A TENDER BONDS ALTERNATIVE IN THE
REFUNDING PROGRAM FOR THE OUTSTANDING SERIES 2006A CITY OF
PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1 "UNIVERSITY
PARK CFD"; AND B) ACTING AS THE LEGISLATIVE BODY OF UNIVERSITY
PARK CFD. APPROVING A TENDER BONDS ALTERNATIVE COMPONENT OF
THE REFUNDING PROGRAM AND A NOTICE AND PARTICIPATION FORM AS
WELL AS TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
(CC).
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Mayor Pro Tem Harnik moved to waive further reading and adopt:
a) Resolution No. 2021-20, approving and authorizing a Deposit and
Reimbursement Agreement and approving and affirming the employment of certain
financing professionals in connection with a Tender Bonds Alternative in
connection with the refunding program for outstanding special tax bonds, Series
2006A, of City of Palm Desert Community Facilities District No. 2005-1 (University
Park); and b) Resolution No. 2021-21, acting as Legislative Body of City of Palm
Desert Community Facilities District No. 2005-1 (University Park), approving and
authorizing a Tender Bonds Alternative Component of the refunding program for
outstanding special tax bonds, Series 2006A, of the District, and approving a Notice
and Participation Form and taking certain other actions in connection therewith.
Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Nestande, Quintanilla and Kelly; NOES: None).
24. RESOLUTION NOS. 2021-22 AND 2021-23: A) A RESOLUTION CALLING A
SPECIAL ELECTION WITHIN CITY OF PALM DESERT COMMUNITY
FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK), AND B) A
RESOLUTION DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY
OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2021-1
(UNIVERSITY PARK) AND DIRECTING THE RECORDING OF A NOTICE OF
SPECIAL TAX LIEN; AND C) CONDUCT THE FIRST READING OF ORDINANCE
NO. 1365, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF
PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY
PARK) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THAT DISTRICT
(CC).
Mayor Pro Tem Harnik moved to waive further reading and adopt Resolution
No. 2021-22, a resolution of the City Council of the City of Palm Desert calling a
special election within City of Palm Desert Community Facilities District No. 2021-
1 (University Park). Motion was seconded by Nestande and carried by a 5-0 vote
(AYES: Harnik, Jonathan, Nestande, Quintanilla and Kelly; NOES: None).
Mayor Kelly declared the election open and instructed Acting City Clerk Sanchez
to conduct the election. Ms. Sanchez confirmed that she received the ballot from
the sole qualified landowner elector in the District.
Mayor Kelly asked Ms. Sanchez, as Elections Official and Canvassing Board, to
canvass the ballot. Following the canvassing, Ms. Sanchez reported 166 votes
were cast in support of Proposition A and no votes were cast in opposition, and
the proposition was approved. 166 votes were also cast in support of Proposition
B and with no votes in opposition, the proposition was approved.
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Mayor Pro Tem Harnik moved to waive further reading and adopt Resolution
No. 2021-23, a resolution of the City Council of the City of Palm Desert declaring
the results of a special election in City of Palm Desert Community Facilities District
No. 2021-1 (University Park) and directing the recording of a notice of special tax
lien. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Nestande, Quintanilla and Kelly; NOES: None).
Mayor Pro Tem Harnik moved to introduce and conduct its first reading of
Ordinance No. 1365, authorizing the levy of the special tax within City of Palm
Desert Community Facilities District No. 2021-1 (University Park). Motion was
seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan,
Nestande, Quintanilla and Kelly; NOES: None).
25. REQUEST FOR DIRECTION TO STAFF ON LUPINE LANE (CC).
Mayor Pro Tem Harnik moved to, by Minute Motion, direct staff to seek
professional services for design concepts to convert Lupine Lane into a permanent
outdoor public gathering space. Motion was seconded by Quintanilla and carried
by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla and Kelly; NOES:
None).
26. REQUEST FOR DIRECTION REGARDING DRIVE -THROUGH RESTAURANTS
IN THE CITY OF PALM DESERT (CC).
MS. SALIMA NURANI stated her opposition to drive -through restaurants, noting
this is not the right time to explore this item and a more appropriate location for
drive-throughs is closer to 1-10. She concluded she would like to see Palm Desert
continue to preserve the image and brand Palm Desert has created and suggested
allowing more space for smaller, independent and unique restuarants to survive,
particularly following a tough year.
MR. MATTHEW BUSH, Palms to Pines shopping center owner, spoke regarding
the available building in his center. He highlighted the opportunity to bring a
Raising Cane's restaurant to his plaza, and described the job opportunities, sales
tax and community involvement this franchise would bring to Palm Desert.
MR. BRAD ANDERSON stated he did not see the memorandum for this item until
the morning of the meeting. He touched on several topics of interest including
potential concerns of neighboring properties, noise pollution, the desire for local
restaurants instead of national chains, restaurants that have followed the
ordinance and operated without drive-throughs, and the consideration to allow car
dealer establishments in Palm Desert.
MR. SKIP PAGE spoke against drive-throughs along Highway 111. He suggested
the property in question construct a building to house two or three local and unique
restaurants. He stated drive-throughs were better suited closer to the freeway.
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City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
MR. SCOTT LANDGRAF stated he represents Raising Cane's and brings other
regional and national tenants to Palm Desert and other areas. He said the Hwy
111 is a regional artery with a regional mall, and suggested there should be local
and regional restaurants with convenient options along the 111 corridor, not just at
the freeway.
MR. RAY RODRIGUEZ, local restaurant owner, thanked Council supporting
restaurants throughout the COVID pandemic. He noted he is not against Raising
Cane's, but against drive-throughs on Hwy 111. He cited the City's desire to
increase energy efficiency and sustainability, and suggested idling cars would not
fit with this desire. He stressed his concern is not with competition, noting several
local restaurant from fast food to high end establishments who have become good
neighbors and friends.
MR. GEORGE ARGYROS, John's Restaurant owner, stated he opposed drive-
throughs as they create pollution, noise, accidents, and reduce property values.
He noted he has played by the rules for the last 35 years and it would be unfair to
allow someone now to operate under different rules.
Councilmember Jonathan moved to, by Minute Motion, continue the item and
direct staff to define a new overlay zone, limiting the number of drive -through
restaurant establishments on Highway 111, identifying specific locations for said
drive -through restaurants and adding City Council approval to the approval
process. Motion was seconded by Nestande and carried by a 3-2 vote (AYES:
Jonathan, Nestande, and Quintanilla; NOES: Harnik and Kelly).
INFORMATION ITEMS
None
PUBLIC HEARINGS
MAY 13, 2021
27. REQUEST FOR COMMENCEMENT OF THE FISCAL YEAR 2021/22
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
APPLICATION PROCESS AND SUBMISSION OF THE FISCAL YEAR 2021/22
ACTION PLAN (CC).
Mayor Kelly declared the public hearing open, and hearing no public comment,
declared the public hearing closed.
Mayor Pro Tem Harnik moved to, by Minute Motion, approve submission of
the Fiscal Year 2021-22 Action Plan to the U.S. Department of Housing and Urban
Development (HUD). Motion was seconded by Quintanilla and carried by a 5-0 vote
(AYES: Harnik, Jonathan, Nestande, Quintanilla and Kelly; NOES: None).
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28. CONSIDERATION OF ZONING ORDINANCE AMENDMENT TO AMEND THE
PALM DESERT MUNICIPAL CODE AND ADD SECTION 25.28.045 "SAN PABLO
OVERLAY DISTRICT' TO ESTABLISH AN OVERLAY DISTRICT, WHICH WILL
REGULATE COMMERCIAL LAND USES ALONG THE SAN PABLO CORRIDOR,
AND APPLY SAID OVERLAY DISTRICT TO ALL COMMERCIAL PROPERTIES
ALONG SAN PABLO AVENUE BETWEEN HIGHWAY 111 AND MAGNESIA
FALLS; AND ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE
WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), Case No.
ZOA 20-0002 (City of Palm Desert, Applicant) (CC).
Mayor Kelly declared the public hearing open, and hearing no public comment,
declared the public hearing closed.
Councilmember Jonathan moved to waive further reading and pass to
second reading: a) City Council Ordinance No. 1366, approving Zoning Ordinance
Amendment 20-0002 to create Section 25.28.045 "San Pablo Overlay District" in its
entirety and adopt a Notice of Exemption; and b) City Council Ordinance No. 1367,
applying the "San Pablo Overlay District" to parcels of land identified in Exhibit A
of the resolution. Motion was seconded by Harnik and carried by a 4-1 vote (AYES:
Harnik, Jonathan, Nestande, and Kelly; NOES: Quintanilla).
MAYOR/COUNCILMEMBER REPORTS AND REQUEST FOR ACTION
Councilmember Quintanilla reported on committee meetings attended, particularly the
Coachella Valley Animal Campus Committee and Arts in Public Places Commission. She
requested a timeline for establishing a Human Rights Commission. She also noted Mayor
Kelly's recognition of and support for Asian American and Pacific Islander residents in her
opening comments at the start of the meeting, and requested a more formal proclamation
to be issued. Lastly, she requested support for homeless individuals to have an increased
number of case workers to assist in these cases.
Councilmember Jonathan requested that guidelines be set for proclamations, noting
proclamations are historically issued at the prerogative of the Mayor.
Mayor Kelly responded that she has been working with Mayor Pro Tem Harnik and the
City Attorney to address various Council procedures at a future session. She suggested
that this item could be reviewed once Council had completed its work on the budget and
the Committee and Commission appointments.
Mayor Pro Tem Harnik reported on progress made on Digital Divide bi-weekly calls and
highlighted the work being done on the broadband/fiber plan. She also reported the
Environment Impact Report is due to be released relative to the Coachella Valley/San
Gorgonio Pass Rail Corridor, and expressed her excitement for the project. Lastly, she
requested the use of non-native Mexican fan palms be discouraged in landscape plans
and suggested a requirement for developers to instead plant shade and canopy trees.
13
MINUTES MAY 13, 2021
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Mayor Kelly requested that landscaping leaf blowers be made a topic for discussion
and/or action with the Sustainability Committee. Mayor Pro Tem Harnik responded it was
on the next agenda.
CITY MANAGER COMMENTS
None
ADJOURNMENT
With City Council, Successor Agency, and Housing Authority concurrence, Mayor
Kelly adjourned the meeting at 7:46 p.m.
c/Ii ;Kew
KATHLE N KELL`44'
MAYOR/CHAIR/CHAT A
ATTEST:
M. GL'ORIA S CHEZ, AC
AND ACTING SECRETARY
Palm Desert City Council
Successor Agency to the Palm Desert Redevelopment Agency
Housing Authority
14