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Home My WebLink About2023-03-09 Thursday, March 9, 2023 Minutes of the Regular Meeting of the Palm Desert City Council (CC), Successor Agency to the Palm Desert Redevelopment Agency (SARDA), and Housing Authority (HA) Pursuant to Assembly Bill 2449, this meeting was conducted by teleconference and there was in-person public access to the meeting location. CALL TO ORDER: A Regular Meeting of the Palm Desert City Council was called to order by Mayor Kelly on Thursday, March 9, 2023, at 4:00 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. ROLL CALL: Present: Councilmembers Jan Harnik, Gina Nestande*, Karina Quintanilla, and Evan Trubee; and Mayor Kathleen Kelly. * Due to family care, Councilmember Nestande participated remotely. Absent: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Quintanilla led the Pledge of Allegiance. INSPIRATION/INVOCATION: Councilmember Harnik offered words of inspiration. REPORT OF CLOSED SESSION: Mayor Kelly noted due to the cancellation of the closed session, there was no report. PRESENTATIONS: A. COLLEGE OF THE DESERT FREE ONLINE LANDSCAPING CERTIFICATION TRAINING Veronica Izurieta, representing Partnership and Community Education (PaCE), narrated a PowerPoint presentation regarding their free online Landscaping Certification program. DocuSign Envelope ID: F41B9878-1721-41B4-B819-7CB4DA6F576A CC, SARDA, & HA Meeting Minutes March 9, 2023 City of Palm Desert Page 2 CITY MANAGER'S COMMENTS: A. PUBLIC WORKS MAINTENANCE UPDATE City Manager Hileman noted the promotion of Randy Chavez to the position of Public Works Deputy Director and Shawn Muir to Community Services Manager. Director Alvarez narrated a PowerPoint presentation regarding the City’s maintenance activities. B. PALM DESERT 50TH ANNIVERSARY UPDATE/MCCALLUM THEATRE UPDATE Tourism & Marketing Manager Soule provided an update on various events planned for the City of Palm Desert’s 50th anniversary; displayed a slide depicting the new McCallum Theatre mural. C. LICENSE PLATE READER UPDATE Lt. Willison narrated a PowerPoint presentation relative to Automated License Plate Readers (ALPR) and their success in recent investigations and responded to City Council inquiries. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: Councilmembers Harnik and Trubee and Mayor Pro Tem Quintanilla reported on their attendance at various meetings and events. Councilmember Nestande encouraged residents to participate in the upcoming community input sessions regarding Desert Willow Golf Resort, noting that the input and feedback will be reported at a future City Council meeting. Mayor Kelly reported on her attendance at various meetings and events and thanked staff for their participation in the recent Homelessness Point-in-Time Count. NON-AGENDA PUBLIC COMMENTS: Judy Almquist, Palm Desert resident, spoke in opposition to Desert Willow Golf Resort’s Champions Club membership limits, and expressed her appreciation for the planned input sessions. DocuSign Envelope ID: F41B9878-1721-41B4-B819-7CB4DA6F576A CC, SARDA, & HA Meeting Minutes March 9, 2023 City of Palm Desert Page 3 1. CONSENT CALENDAR: City Clerk Mejia requested that the City Council add Consent Item No. 1Q related to a letter of support for the City of Indian Wells Community Funding Request for the Whitewater Channel Lining Project, noting that the matter came to the attention of the City after the posting of the agenda and there is a need to take immediate action. MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER HARNIK, CARRIED 5-0, to add consideration of a letter of support for the City of Indian Wells Community Funding Request for the Whitewater Channel Lining Project to the Consent Calendar as Item 1Q. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the consent calendar with the removal of Item 1F and 1O for separate discussion. A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the Minutes of February 16, 2023. B. APPROVAL OF WARRANTS MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve warrants issued for the period of October 10, 2022, through February 16, 2023. C. APPOINT THREE DIRECTORS TO THE EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT BOARD MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to appoint Rebecca Elliot, Michelle Whittaker, and Alec Longmuir to the Board of Directors of the El Paseo Parking and Business Improvement District, each for three-year terms expiring June 30, 2026. D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1390 AMENDING THE PALM DESERT MUNICIPAL CODE TO UPDATE, CLARIFY, AND CODIFY BYLAWS AND GENERAL PROVISIONS FOR THE CITY’S BOARDS, COMMISSIONS, COMMITTEES, AND TASK FORCES MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1390. DocuSign Envelope ID: F41B9878-1721-41B4-B819-7CB4DA6F576A CC, SARDA, & HA Meeting Minutes March 9, 2023 City of Palm Desert Page 4 E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1391 REVISING CHAPTER 2.68 OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO THE CULTURAL ARTS COMMITTEE MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1391. F. APPROVE ACCEPTANCE OF THE DONATION OF ASSESSOR PARCEL NUMBERS 628-030-009 (5.18 ACRES) AND 628-030-011 (4 ACRES) FROM SLAUGHTER FAMILY TRUST TO THE CITY OF PALM DESERT This item was removed from the Consent Calendar for separate consideration. Please refer to Page 7 of these minutes for additional information. G. ADOPT RESOLUTION NO. 2023-006 DECLARING CITY OF PALM DESERT OWNED PROPERTIES WITH ASSESSOR’S PARCEL NUMBERS 627-102-017 AND 627-102-025 SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTIES MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Adopt Resolution No. 2023-006 declaring City of Palm Desert properties with Assessor’s Parcel Numbers 627-102-017 and 627-102-025 surplus land for purposes of the Surplus Land Act. 2. Authorize staff to release a Notice of Availability for the sale of the properties. H. ADOPT RESOLUTION NO. 2023-007 ESTABLISHING 2023 CITY COUNCIL GOALS City Clerk Mejia noted Mayor Kelly nominated Councilmember Harnik and Mayor Kelly to serve on an ad hoc subcommittee related to City Events as noted in the Q&A Memo distributed prior to the meeting and posted online. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Adopt Resolution No. 2023-007 establishing the City Council Goals for the 2023 calendar year. 2. Appoint Mayor Kelly and Councilmember Harnik to an Ad Hoc Council Subcommittee to work with staff regarding development of and opportunities to enhance City-sponsored events; and marketing of existing and new City- sponsored event. DocuSign Envelope ID: F41B9878-1721-41B4-B819-7CB4DA6F576A CC, SARDA, & HA Meeting Minutes March 9, 2023 City of Palm Desert Page 5 I. RECEIVE AND FILE THE CITY OF PALM DESERT AUDITED ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to receive and file the Audited Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2022. 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, 2022 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to 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, 2022. K. ACCEPT PUBLIC IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE, THE LABOR AND MATERIALS, THE GRADING BONDS, AND ACCEPT A MAINTENANCE BOND FOR EXTRA SPACE STORAGE MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Accept public improvements. 2. Release the Faithful Performance Bond in the amount of $8,263.50 and the Labor and Materials Bond in the amount of $16,527.00. 3. Release the Grading Bond in the amount of $6,821.55. 4. Accept the Maintenance Bond in the amount of $1,652.70. L. RESOLUTION NO. 2023-008 OPPOSING INITIATIVE NO. 21-0042A1, A NOVEMBER 2024 BALLOT MEASURE THAT JEOPARDIZES CITIES’ ABILITY TO PROVIDE ESSENTIAL SERVICES AND INFRASTRUCTURE MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: adopt Resolution No. 2023-008 opposing Initiative No. 21-0042A1, a November 2024 statewide ballot measure that jeopardizes cities’ ability to provide essential services and infrastructure. M. LETTER OF SUPPORT FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS’ COMMUNITY FUNDING REQUEST FOR THE SOCAL COMPREHENSIVE GOODS MOVEMENT PLAN AND IMPLEMENTATION STRATEGY UPDATE MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to authorize the Mayor to sign a letter of support for the Southern California Association of Governments’ (SCAG) Community Funding request for the SoCal Comprehensive Goods Movement Plan and Implementation Strategy update. DocuSign Envelope ID: F41B9878-1721-41B4-B819-7CB4DA6F576A CC, SARDA, & HA Meeting Minutes March 9, 2023 City of Palm Desert Page 6 N. AUTHORIZE THE CITY MANAGER TO ENTER INTO A THREE-YEAR AGREEMENT NO. C44940 WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. FOR AN ENTERPRISE AGREEMENT SOFTWARE LICENSE IN THE AMOUNT OF $178,800 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to authorize the City Manager to enter into a three - year agreement, No. C44940, with Environmental Systems Research Institute, Inc. for an Enterprise Agreement Software License, in the amount of $178,800 plus taxes, to provide unlimited software licenses, maintenance, support, training, and technical assistance for Geographic Information Systems initiatives. O. REQUEST FOR OUT-OF-STATE TRAVEL FOR MAYOR PRO TEM QUINTANILLA TO ATTEND THE 40TH ANNUAL NALEO CONFERENCE JULY 11-13, 2023, IN NEW YORK, NEW YORK This item was removed from the Consent Calendar for separate discussion. Please refer to Page 7 of these minutes for additional information. P. APPROVE AMENDMENT NO. 2 TO THE CITY MANAGER’S EMPLOYMENT AGREEMENT NO. C41110 EFFECTIVE MARCH 1, 2023 In accordance with the Brown Act, City Clerk Mejia provided an oral report summarizing the City Manager’s compensation and benefits as follows:  Increase to annual salary by $24,000 to a total of $305,000.  Existing benefits include 200 hours of vacation per year; City contribution of $1,500 per month to City Manager’s 401a retirement plan; and the same medical, health, and retiree health benefits provided to other exec utive management employees. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve Amendment No. 2 to the City Manager’s Employment Agreement No. C41110 with L. Todd Hileman effective March 1, 2023. Q. LETTER OF SUPPORT FOR THE CITY OF INDIAN WELLS COMMUNITY FUNDING REQUEST FOR THE WHITEWATER CHANNEL LINING PROJECT MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to authorize the Mayor to sign a Letter of Support for the City of Indian Wells Community Funding Request for the Whitewater Channel Lining Project. DocuSign Envelope ID: F41B9878-1721-41B4-B819-7CB4DA6F576A CC, SARDA, & HA Meeting Minutes March 9, 2023 City of Palm Desert Page 7 EXCLUDED CONSENT CALENDAR: F. APPROVE ACCEPTANCE OF THE DONATION OF ASSESSOR PARCEL NUMBERS 628-030-009 (5.18 ACRES) AND 628-030-011 (4 ACRES) FROM SLAUGHTER FAMILY TRUST TO THE CITY OF PALM DESERT City Clerk Mejia noted a correction to the staff recommendation to accept the land donation from the Slaughter Family Trust. Councilmember Harnik noted that the Slaughter Family Trust donated their private land to the City of Palm Desert to be used as a regional park, and expressed her gratitude on behalf of the City to the family for their kindness and generosity to the community. MOTION BY COUNCILMEMBER HARNIK, SECOND BY MAYOR KELLY, CARRIED 5-0, to: 1. Approve acceptance of the donation of Assessor Parcel Numbers (APN) 628 - 030-009 (5.18 acres) and 628-030-011 (4 acres) to the City of Palm Desert from Slaughter Family Trust. 2. Authorize the City Manager to sign the Donation Letter, subject to the satisfaction of the City Attorney. O. REQUEST FOR OUT-OF-STATE TRAVEL FOR MAYOR PRO TEM QUINTANILLA TO ATTEND THE 40TH ANNUAL NALEO CONFERENCE JULY 11-13, 2023, IN NEW YORK, NEW YORK MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1. Direct the Council Subcommittee (Mayor Kelly and Councilmember Harnik) to review and revise the travel policy guidelines for consideration at the April 13, 2023, City Council meeting. 2. Continue the request for authorization of out-of-state travel for Mayor Pro Tem Quintanilla to attend the 40th annual National Association of Latino Elected and Appointed Officials (NALEO) Conference to the April 13, 2023, City Council meeting. 2. ACTION CALENDAR: A. REQUEST FOR DIRECTION ON APPOINTMENT OF A POET LAUREATE Economic Development Deputy Director Lawrence presented the staff report and responded to City Council inquiries. MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER HARNIK, CARRIED 5-0, to appoint Mayor Pro Tem Quintanilla and Councilmember Harnik to a subcommittee to bring back recommendations to the City Council on a process for selection a poet laureate. DocuSign Envelope ID: F41B9878-1721-41B4-B819-7CB4DA6F576A CC, SARDA, & HA Meeting Minutes March 9, 2023 City of Palm Desert Page 8 3. PUBLIC HEARINGS: None. INFORMATION ITEMS: None. ADJOURNMENT: The City Council adjourned at 6:31 p.m. Respectfully submitted, Níamh M. Ortega Assistant City Clerk/Assistant Secretary ATTEST: Anthony J. Mejia, MMC City Clerk/Secretary APPROVED BY CITY COUNCIL: 03/23/2023 DocuSign Envelope ID: F41B9878-1721-41B4-B819-7CB4DA6F576A