HomeMy WebLinkAbout2024-02-15Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment
Agency, and Housing Authority
Regular Meeting Minutes
February 15, 2024, 3:30 p.m.
Present: Mayor Karina Quintanilla, Mayor Pro Tem Jan Harnik,
Councilmember Kathleen Kelly, Councilmember Gina Nestande,
Councilmember Evan Trubee
1. CALL TO ORDER - CLOSED SESSION - 3:30 P.M.
A Regular Meeting of the Palm Desert City Council was called to order by Mayor
Quintanilla on Thursday, February 15, 2024, at 3:30 p.m. in the Council Ch amber, City
Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.
2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
None.
3. RECESS TO CLOSED SESSION
Mayor Quintanilla adjourned to Closed Session at 3:30 p.m.
4. CLOSED SESSION AGENDA
The following items were 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
4.c Conference with Legal Counsel regarding Significant Exposure to
Litigation pursuant to Government Code Section 54956.9(d)2
5. ROLL CALL - REGULAR MEETING - 4:00 P.M.
6. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Harnik led the Pledge of Allegiance.
7. INSPIRATION
Councilmember Trubee provided words of inspiration.
8. REPORT OF CLOSED SESSION
City Attorney Shah stated that no reportable actions were taken.
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9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
9.a PROCLAMATION - COLORECTAL CANCER AWARENESS MONTH
Mayor Quintanilla read and presented a proclamation in recognition of Colorectal
Cancer Awareness Month.
9.b PRESENTATION REGARDING THE RIVERSIDE COUNTY TRANSPORTATION
COMMISSION'S 2024 DRAFT TRAFFIC RELIEF PLAN
Riverside County Transportation Commission's Executive Director Ann Mayer
narrated a PowerPoint presentation and responded to City Council inquiries.
9.c CVAG PRESENTATION RELATIVE TO DUST MITIGATION
Coachella Valley Association of Governments' Executive Director Tom Kirk
narrated a PowerPoint presentation and responded to City Council inquiries.
10. CITY MANAGER COMMENTS
10.a SHERIFF'S DEPARTMENT UPDATE
Lt. Daniel Porras provided an update to the City Council and responded to City
Council inquiries.
11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
Councilmembers reported on their attendance at various meetings and events.
Mayor Pro Tem Harnik reported that the public comment period for Riverside County
Transportation Commission's rail project has now closed and the project is moving
forward.
12. NON-AGENDA PUBLIC COMMENTS
Mark Schyback, representing Desert Cancer Foundation, shared information regarding
their annual Paint El Paseo Pink event in October.
Dominic Moore, Palm Desert resident, spoke on the need for an independent
redistricting committee, and shared his recent experiences using Sunline transportation
regarding cleanliness and bus stop safety.
Gary Leong, Palm Desert resident, expressed appreciation for the City's newest
pickleball facility, and spoke in favor of the current rotation sys tem in place at the
pickleball courts.
Manuel Sanchez, Palm Desert resident, expressed his dissatisfaction regarding an
ongoing Code Enforcement issue; the matter was referred to the City Manager for
additional follow-up.
Barbara Wasserkrug, Palm Desert resident, spoke in opposition to central bank-
controlled digital currency.
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Nancy Gutierrez, Palm Desert resident, spoke in opposition to natural asset companies.
Brad Anderson, Rancho Mirage resident, spoke in opposition to a sales tax proposal by
Riverside County Transportation Commission, and in opposition to efforts to control
airborne particulate matter (PM-10).
13. CONSENT CALENDAR
Brad Anderson, Rancho Mirage resident, relative to Item 13h, spoke in opposition to the
five-year term for the contract. Relative to Item 13n, he expressed concern that the
residents should not need to pay for a street sweeper.
Donald Ziegler, Palm Desert resident, spoke in favor of Item 13w, and suggested that
the climate consultant include an evaluation of how electrical power is supplied and
consider alternate types of resilient power sources, microgrid research, and non -profit
solutions to the power supply.
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
To approve the consent calendar as presented.
Motion Carried (5 to 0)
13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Approve the Minutes of January 25, 2024.
Motion Carried (5 to 0)
13.b APPROVAL OF WARRANTS
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Approve the warrants issued for the period 11/29/2023 to 2/1/2024.
Motion Carried (5 to 0)
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13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE
LICENSES
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Receive and file the applications for Alcoholic Beverage Licenses for:
1. RJHS Gas & Food Store, Inc. ARCO AMPM 73980 HWY 111, Palm Desert
Motion Carried (5 to 0)
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
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
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”.
Motion Carried (5 to 0)
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
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
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”.
Motion Carried (5 to 0)
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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
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
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.
Motion Carried (5 to 0)
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
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
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, nonmoneta ry 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.
Motion Carried (5 to 0)
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13.h APPROVE AGREEMENT WITH FLOCK SAFETY FOR AUTOMATED LICENSE
PLATE RECOGNITION SOFTWARE SUBSCRIPTION FOR A TERM OF FIVE
YEARS
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
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.
Motion Carried (5 to 0)
13.i RECEIVE AND FILE THE CITY OF PALM DESERT AUDITED ANNUAL
COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED
JUNE 30, 2023
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Receive and file the audited Annual Comprehensive Financial Report (ACFR) for
the City of Palm Desert for the Fiscal Year ended June 30, 2023.
Motion Carried (5 to 0)
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
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
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.
Motion Carried (5 to 0)
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13.k ACCEPT CONTRACT NO. C45240 AS COMPLETE FOR THE FRED WARING
DRIVE STREET IMPROVEMENT PROJECT (PROJECT NO. CST00022)
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
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.
Motion Carried (5 to 0)
13.l APPROVE SPECIAL EVENT PREPAID EXPENDITURES FOR FISCAL YEAR
2024/25
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
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.
Motion Carried (5 to 0)
13.m RECEIVE AND FILE THE 2024 WORK PLAN FOR THE PUBLIC SAFETY
COMMITTEE
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Receive and file the 2024 Work Plan for the Public Safety Committee.
Motion Carried (5 to 0)
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13.n PURCHASE OF A STREET SWEEPER TO IMPROVE CITYWIDE ROADWAY
AND PARKING LOT MAINTENANCE
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
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.
Motion Carried (5 to 0)
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
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
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.
Motion Carried (5 to 0)
13.p RECEIVE AND FILE AN INFORMATIONAL REPORT FOR THE CITY-OWNED
PARCEL LOCATED AT THE NORTHEAST CORNER OF OCOTILLO DRIVE
AND TUMBLEWEED LANE
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Receive and file an informational report for the City-owned parcel located at the
northeast corner of Ocotillo Drive and Tumbleweed Lane.
Motion Carried (5 to 0)
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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
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
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.
Motion Carried (5 to 0)
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)]
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
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.
Motion Carried (5 to 0)
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13.s APPROVAL OF PARK ORDINANCE WAIVERS FOR THE 2024 PALM DESERT
HALF MARATHON AND 5K AND WILDFLOWER FESTIVAL EVENTS
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Approve temporary waiver of the following Palm Desert Municipal Code (PDMC)
sections for the 2024 Palm Desert Half Marathon and 5K and Wildflo wer Festival
Events:
a. 11.01.20 (Hours of Use in City Parks)
b. 11.01.140 (Amplified Sound in City Parks)
c. 11.01.080 H (Camping)
d. 11.01.080 O (Placement of Advertising Signage in City Parks)
e. 11.01.080 Q (Vendor Sales in City Parks)
f. 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant
to PDMC 9.58.040
Motion Carried (5 to 0)
13.t ESTABLISHMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE ON THE
NAMING OF PARKS
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Confirm the appointment of Councilmembers Kelly and Trubee to a City Council
Ad Hoc Subcommittee on the naming of parks.
Motion Carried (5 to 0)
13.u ESTABLISHMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE ON
MAYORAL ROTATION
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Confirm the appointment of Mayor Pro Tem Harnik and Mayor Quintanilla to a
City Council Ad Hoc Subcommittee on the Mayoral Rotation.
Motion Carried (5 to 0)
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13.v RATIFY A LETTER TO THE CALIFORNIA LEGISLATURE URGING THE
PROTECTION OF DEDICATED REGIONAL EARLY ACTION PLANNING
GRANTS PROGRAM FUNDING
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Ratify a letter to the California Legislature urging the protection of dedicated
Regional Early Action Planning Grants (REAP 2.0) program funding.
Motion Carried (5 to 0)
13.w ADOPT RESOLUTION NO. 2024-004 ESTABLISHING THE 2024 CITY
COUNCIL GOALS AND PRIORITIES
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
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.”
Motion Carried (5 to 0)
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
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
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.
Motion Carried (5 to 0)
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14. ACTION CALENDAR
14.a APPROVAL OF RESOLUTION NOS. 2024-005 AND 2024-006 APPROVING
2023-24 MID-YEAR BUDGET ADJUSTMENTS AND REVISED STAFF
ALLOCATION SCHEDULE
Break 5:26 p.m. to 5:38 p.m.
Finance Director Chavez narrated a PowerPoint presentation and responded to
City Council inquiries.
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
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”.
Motion Carried (5 to 0)
14.b APPROVE RESOLUTION NO. 2024-007 AUTHORIZING THE ISSUANCE OF
UNIVERSITY PARK COMMUNITY FACILITIES DISTRICT NO. 2021-1
SPECIAL TAX BONDS, SERIES 2024
Finance Director Chavez presented a staff report and responded to City Council
inquiries.
Motion by: Mayor Pro Tem Harnik
Seconded by: Councilmember Nestande
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)".
Motion Carried (5 to 0)
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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
Assistant City Manager Escobedo narrated a PowerPoint presentation and
responded to City Council inquiries.
Motion by: Councilmember Trubee
Seconded by: Councilmember Nestande
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.
Motion Carried (5 to 0)
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
Director of Library Services Shaffer narrated a PowerPoint presentation and
responded to City Council inquiries.
Motion by: Mayor Pro Tem Harnik
Seconded by: Councilmember Trubee
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.
Motion Carried (5 to 0)
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14.e APPROVE AMENDMENT NO. 3 TO THE CITY MANAGER'S EMPLOYMENT
AGREEMENT NO. C41110 EFFECTIVE MARCH 1, 2024
Human Resources Manager Staehle narrated a staff report and responded to
City Council inquiries.
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Harnik
Approve Amendment No. 3 to the City Manager’s Employment Agreement No.
C41110 with L. Todd Hileman (Exhibit A) effective March 1, 2024.
Motion Carried (5 to 0)
15. PUBLIC HEARINGS
None.
16. INFORMATION ITEMS
None.
17. ADJOURNMENT
The City Council adjourned at 5:57 p.m.
Respectfully submitted,
_________________________
Níamh M. Ortega
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
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