HomeMy WebLinkAbout01A 11-19-20 DRAFT MINUTESCITY OF PALM DESERT
REGULAR
PALM DESERT CITY COUNCIL (CC),
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY(SA),
HOUSING AUTHORITY (HA), AND FINANCING AUTHORITY (FA) MEETING.
(VIRTUAL MEETING)
DRAFT MINUTES
THURSDAY, NOVEMBER 19, 2020
___________________________________________________________
CALL TO ORDER – 2:30 P.M.
Mayor Nestande convened the meeting at 2:30 p.m.
ROLL CALL
Present:
Councilmember/Director/Member Jan C. Harnik
Councilman/Director/Member Sabby Jonathan
Mayor Pro Tem/Vice Chair/Vice Chairman Kathleen Kelly
Councilmember/Director/Member Susan Marie Weber
Mayor/Chair/Chairman Gina Nestande
Also Present:
Randy Bynder, Interim City Manager/Interim Executive Director
Robert W. Hargreaves, City Attorney
Andy Firestine, Assistant City Manager
Grace L. Rocha, Acting City Clerk/Acting Secretary
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY:
None
ADJOURN TO CLOSED SESSION:
A. Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
1) (City Council)
Property: Palm Springs Art Museum (APN 640-370-001)
Agency Negotiator: Randy Bynder/Ryan Stendell
Other Party Negotiator: Palm Springs Art Museum
Property Owner: City of Palm Desert
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2) (Successor Agency)
Property: 23.29-acre portion of the 128-acre site, located at the northwest corner
of Portola Avenue and Julie Lane (APNs 694-300-001, 002, 005, 014, 015)
Agency Negotiator: Randy Bynder/Martin Alvarez
Other Party Negotiator: GHA Montage, LLC
Property Owner: Successor Agency
3) (Successor Agency)
Property: 81-acre portion of the 128-acre site, located south of Gerald Ford Drive,
west of Portola Avenue (APNs 674-310-002, 003)
Agency Negotiator: Randy Bynder/Martin Alvarez
Other Party Negotiator: Refuge Palm Desert, LLC
Property Owner: Successor Agency
4) (Successor Agency)
Property: 18.73-acre, Desert Willow Lot Pad “C,” located on Desert Willow Drive,
southeast of the Desert Willow Clubhouse (APNs 620-450-012, 013, 014)
Agency Negotiator: Randy Bynder/Martin Alvarez
Other Party Negotiator: Family Development Group
Property Owner: Successor Agency
5) (Successor Agency)
Property: Desert Willow Parcel “B” (APN 620-420-023)
Agency Negotiator: Randy Bynder/Martin Alvarez
Other Party Negotiator: Desert Wave Ventures
Property Owner: Successor Agency
6) (Successor Agency)
Property: Desert Willow Lot Pad “D,” located at the northeast corner of Marketplace
Drive and Desert Willow Drive (APNs 620-450-016, -017, -018, -020)
Agency Negotiator: Randy Bynder/Martin Alvarez
Other Party Negotiator: Retail Connection, L.P.
Property Owner: Successor Agency
7) (City Council)
Property: Civic Center Cell Tower
Agency Negotiator: Randy Bynder/Andy Firestine
Other Party Negotiator: TowerPoint
Property Owner: City of Palm Desert
B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to
Government Code Section 54956.9(d)(2).
Potential cases: 2
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With City Council concurrence, Mayor Nestande adjourned the meeting to Closed Session of the
City Council and Successor Agency at 3:01 p.m. She reconvened the meeting at 4:15 p.m.
RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, HOUSING AUTHORITY and
FINANCING AUTHORITY MEETING –
a) Roll Call: Harnik, Jonathan, Kelly, Weber, and Nestande
b) Pledge of Allegiance to the Flag – Mayor Gina Nestande
c) Inspiration/Invocation – Councilman Sabby Jonathan
REPORT ON ACTION FROM CLOSED SESSION
Mr. Hargreaves reported that under Closed Session the following actions took place:
• Item No. A3, the Successor Agency by a 5-0 vote approved an Exclusive Negotiating
Agreement (ENA) for the 81-acre portion of the 128-acre site with Refuge Palm Desert,
LLC.
• Item No. A4, the Successor Agency by a 5-0 vote approved an ENA with Family
Development Group for the Desert Willow Lot Pad C.
• Item No. A5, the Successor Agency by a 5-0 vote approved a six-month extension of an
existing Purchase and Sale Agreement with Desert Wave Ventures.
• Item No. A6, the Successor Agency by a 5-0 vote approved a 12-month extension of an
ENA with the Retail Connection, L.P.
PRESENTATIONS
None
NON-AGENDA PUBLIC COMMENTS
None
CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and may be approved by
one (1) Minute Motion.
1. MINUTES of the City Council, Successor Agency, and Housing Authority for the meeting of
October 29, 2020, and Palm Desert Financing Authority minutes for the meeting of April 11,
2019.
Removed for separate consideration under Consent Items Held Over. Please see that
portion of the Minutes for Council action.
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2. APPROVE CLAIMS AND DEMAND WARRANTS – City: 07/17/2020, 10/15/2020,
10/16/2020, 10/21/2020-10/31/2020, 10/23/2020, and 10/23/2020-10/31/2020; Successor
Agency: 10/16/2020; Joint City/Housing: 10/16/2020.
3. RECEIVE AND FILE COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the
months of July 2020, August 2020, and September 2020 (Joint City and Successor Agency).
4. COMMITTEE AND COMMISSION MINUTES for the Palm Desert Finance Committee
(07/28/2020); and Palm Desert Housing Commission (10/07/2020).
5. RECEIVE AND FILE APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Back
Street Bistro of Palm Desert (CC).
6. APPROVE THE RELEASE OF MAINTENANCE SECURITY in the amount of $2,668.60 for
Precise Plan 18-0001 (California Desert Association of Realtors, Applicant) (CC).
7. RESOLUTON NO. 2020 – 78 - A Resolution of the City Council of the City of Palm Desert,
California, approving and adopting an amended Conflict of Interest Code pursuant to the
Political Reform Act of 1974 (CC).
8. REQUEST FOR ACCEPTANCE OF WORK for Contract No. HA39210, for repairs and
resurfacing of four (4) existing pools and spas at Candlewood Apartments and One Quail Place
Apartments and authorize the City Clerk to file a Notice of Completion (Project No. 832-19)
(Ojeda Pool and Spa, La Quinta, CA) (HA).
9. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C40180, for the Desert Willow
Golf Resort (DWGR) Clubhouse & Academy Carpet Replacement and authorize the City Clerk
to file a Notice of Completion (Project No. 856-20) (Temalpakh Inc., dba The Works Floor &
Wall, Palm Desert, CA) (CC).
10. WAIVE FURTHER READING AND ADOPT the City of Palm Desert Investment Policy
(FIN-002), as amended: 1) City Council Resolution No. 2020 - 79; 2) Successor Agency
Resolution No. SA-RDA - 080; 3) Financing Authority Resolution No. FA - 70; and 4)
Housing Authority Resolution No. HA - 99 (Joint CC, SA, FA, HA).
11. REAPPOINT Doug Walker as City of Palm Desert’s representative to the Coachella Valley
Mosquito and Vector Control District (CVMVCD) Board of Trustees.
Removed for separate consideration under Consent Items Held Over. Please see that
portion of the Minutes for Council action.
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12. AWARD OF CONTRACT to Bright Event Rentals for outdoor furnishing supply and
maintenance for the Lupine Lane Outdoor Dining Project in an amount not to exceed
$43,000 (Contract No. C40720A) (CC).
Mayor Pro Tem Kelly requested Item 1 be removed for separate discussion and action, and
Councilmember Weber requested Item 11.
Upon motion by Harnik, second by Weber, and 5-0 vote of the City Council, the remainder
of the Consent Calendar was approved as presented with the exception of Items 1 and 11
(AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None).
CONSENT ITEM HELD OVER
1. MINUTES of the City Council, Successor Agency, and Housing Authority for the meeting of
October 29, 2020, and Palm Desert Financing Authority minutes for the meeting of April 11,
2019.
Mayor Pro Tem Kelly noted her comments under Mayor and Councilmember comments
relating to Sunline Transit Agency were left out and she would like them to be included.
Additionally, the comments on page nine by her and Councilmember Harnik happened under
City Manager comments, so they just need to be relocated to the appropriate location.
Ms. Rocha stated the final version will reflect the revisions mentioned.
Upon motion by Kelly, second by Kelly, and 5-0 vote of the City Council, the Minutes
of the City Council, Successor Agency, and Housing Authority for the meeting of October 29,
2020, and Palm Desert Financing Authority minutes for the meeting of April 11, 2019, were
approved as amended (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None).
11. REAPPOINT Doug Walker as City of Palm Desert’s representative to the Coachella Valley
Mosquito and Vector Control District (CVMVCD) Board of Trustees.
Councilmember Weber noted she has attended many CVMVCD meetings, and the City of
Palm Desert is very fortunate to have Mr. Doug Walker as the representative. She said he
was probably the most qualified person on the Board, and not only has he served the City in
the past, but is agreeing to serve another term. She thanked Mr. Walker, stating she looked
forward to his continued involvement.
Councilmember Weber moved to, by Minute Motion, reappoint Douglas J. Walker as
the City of Palm Desert’s representative to the Coachella Valley Mosquito and Vector Control
District (CVMVCD) Board of Trustees for a full four-year term, January 2021 to January 2025.
Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly,
Weber, and Nestande; NOES: None).
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ACTION CALENDAR
13. CONSIDERATION FOR APPROVAL OF A SPONSORSHIP REQUEST FOR DESERT X
FOR THE 2021 EXHIBITION (CONTRACT NO. C40860) (CC) (Continued from the Meeting
of October 29, 2020).
Councilmember Harnik moved to, by Minute Motion, approved the sponsorship request
from Desert X for the 2021 Exhibition. Motion was seconded by Nestande and carried by a
3-2 vote (AYES: Harnik, Kelly, and Nestande; NOES: Jonathan and Weber).
14. PROVIDE DIRECTION REGARDING THE OFFICIAL CITY RESPONSE TO FUTURE
EVENT REQUESTS (CC).
Councilman Jonathan moved to, by Minute Motion, extend the moratorium to June 30,
2021, subject to revision should circumstances change. Motion was seconded by Harnik and
carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None).
15. RESOLUTION NO. HA - 100 - A RESOLUTION OF THE PALM DESERT HOUSING
AUTHORITY, AMENDING THE ADMINISTRATIVE PLAN FOR THE PALM DESERT
HOUSING AUTHORITY PERTAINING TO THE MANAGEMENT AND OPERATION OF
THE AFFORDABLE HOUSING RENTAL UNITS (HA).
Councilmember Harnik moved to waive further reading and adopt Resolution No.
HA-100, as amended with the noted modifications mentioned at this meeting. Motion was
seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and
Nestande; NOES: None).
16. APPROVE IN CONCEPT THE RECOMMENDATIONS TO THE CITY’S COMMITTEE AND
COMMISSIONS (CC).
Councilmember Harnik moved to, approved the concept and recommendations as listed
in the staff report with further exploration and consideration of items 2, 3, 4, 5, 14, and 15,
including looking into expanding the Art in Public Places Committee role to include
children’s art, sidewalk art, etc. Also, ensure current Committee and Commission members
are notified that their term will be extended to June 30, 2021. Motion was seconded by Weber
and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES:
None).
PLEASE NOTE: Mayor Nestande called a recess break at 5:50 p.m. and resumed the meeting
at 6:03 p.m.
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INFORMATION ITEMS
17. UPDATE ON THE ECONOMIC DEVELOPMENT STRATEGIC PLAN GOALS AND
OBJECTIVES (CC).
Councilmember Harnik moved to, by Minute Motion, receive and file the Economic
Development Strategic Plan Goals and Objectives. Motion was seconded by Nestande and
carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None).
PUBLIC HEARING
18. APPROVE THE SUBMISSION OF FISCAL YEAR 2020-2021 ACTION PLAN
AMENDMENT NO. 1 AND FISCAL YEAR 2019-2020 ACTION PLAN AMENDMENT
NO. 3 TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (CC).
Mayor Nestande declared the public hearing open and invited anyone wishing to address
the City Council on this matter to come forward at this time. With no public testimony
offered, she declared the public hearing closed.
Mayor Pro Tem Kelly recused herself from Recipient No. 4 (St. Margaret’s Episcopal
Church) of the Community Development Block Grant Program.
Councilmember Harnik moved to, by Minute Motion, approve submission of the Fiscal
Year 2020-2021 Action Plan Amendment No. 1 and Fiscal Year 2019-2020 Action Plan
Amendment No. 3 to the U.S. Department of Housing and Urban Development. Motion was
seconded by Weber and carried by a by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber,
and Nestande; NOES: None), with the exception of Recipient No. 4, which received a 4-0
vote (AYES: Harnik, Jonathan, Weber, and Nestande; NOES: None; ABSENT: Kelly).
19. ORDINANCE NO. 1360 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO PALM DESERT
MUNICIPAL CODE CHAPTER 5.10 SHORT-TERM RENTALS RELATED TO PLANNED
RESIDENTIAL ZONING DISTRICTS (CC).
Mayor Nestande registered her recusal of this item due to a conflict of interest.
Mayor Pro Tem Kelly declared the public hearing open and invited anyone wishing to
address the City Council on this matter to come forward at this time.
Many spoke in opposition to the ban with one speaker in favor of the ban.
With no further testimony being offered, Mayor Pro Tem Kelly declared the public hearing
closed.
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PLEASE NOTE: Mayor Pro Tem Kelly called for a break at 8:00 p.m. and resumed the meeting
at 8:13 p.m.
Mayor Pro Tem Kelly moved to, waive further reading and pass to second reading
Ordinance No. 1360, amending Palm Desert Municipal Code Chapter 5.10 Short-Term Rentals
(STRs) implementing the following: a) Require the issuance of new STR Permits in PR zones
to be supported by written approval from an HOA having jurisdiction over the property; b)
existing STR permits within the PR zones (excluding On-Site Owner STR Permits) without
such a written approval letter shall terminate, and such uses permanently cease operation
after December 21, 2021. Additionally, to instruct that in the administration of the Ordinance
that any gated community where the City currently has STR permits, which have been verified
to be compliant with HOA rules, the City take that to be compliant with the Ordinance unless
and until the HOA demonstrates a change in policy to the City. Motion was seconded by
Harnik and carried by a 4-0 vote (AYES: Harnik, Jonathan, Weber, and Kelly; NOES: None;
ABSENT: Nestande).
MAYOR/COUNCILMEMBER REPORTS AND REQUEST FOR ACTION
Reports:
1. Banners on El Paseo – Councilmember Harnik agreed with Director of Economic
Development Martin Alvarez comment that the banners on El Paseo are wonderful.
2. Meeting with Councilmembers – Councilmember Harnik heard it mentioned that people
are feeling like they can’t meet with their representatives. However, she believes every
Councilmember makes themselves available to meet with their constituents. Residents
can call City Hall and request an appointment.
3. “Lady of the Valley” mural – Mayor Pro Tem Kelly stated the proprietors of Flat Black Art
Supply sponsored this spectacular mural and offered it as a thank you to the City of Palm
Desert for its support of Urban Arts. The mural is between the theaters and Dicks Sporting
Goods. His statement was that he simply wanted to communicate that it felt good to be a
citizen of Palm Desert and enjoys the support of the City. He intends for the mural to be
a guardian angel for everyone’s benefit. The artist is Max aka Maxer242. The work is
entitled “Lady of the Valley.” She encouraged everyone to go and enjoy the mural. Staff
displayed the mural.
Request for Action:
1. The Cross up on the hill off Highway 74 – Councilman Jonathan expressed he had safety
concerns about it, because he heard there was an electrical short, exposed wirings, and
he felt it was a recipe for disaster with potentially a fire or an electrocution. He requested
staff look into the safety aspects in terms of liability, check to see if its permitted, where
the source of power is coming from, and whether it’s on county or city land.
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Mr. Hargreaves offered to ensure there is not a safety hazard and adjust it one way or the
other.
CITY MANAGER COMMENTS – ANDY BYNDER
A. Marketing and Tourism Manager Thomas Soule reported the following upcoming events,
which can be found at https://discoverpalmdesert.com/events:
November 25 - WildLights at The Living Desert – Make an appointment; a recurring event
November 26 - The 46th Anniversary of Incorporation of the City of Palm Desert
December 2 - Palm Desert Farmer’s Market on San Pablo Avenue
December 4 - Light-Up El Paseo – El Paseo Cruise Night
B. Principal Planner Eric Ceja announced the City received the American Public Works
Association, Southern California Chapter, “2020 Project of the Year,” for Phase I of San
Pablo Avenue. He noted Phase II is currently under construction north of Fred Waring Drive
on San Pablo Avenue to Magnesia Falls.
Mayor Nestande said there are many positive things happening in the City of Palm Desert, and she
couldn’t be more proud of the City and staff.
Mr. Bynder wished everyone a Happy Thanksgiving.
ADJOURNMENT
With City Council/Successor Agency/Housing Authority/Financing Authority concurrence, Mayor
Nestande adjourned the meeting at 8:50 p.m.
___________________________________
GINA NESTANDE
MAYOR/CHAIR/CHAIRMAN/PRESIDENT
ATTEST:
___________________________________
GRACE L. ROCHA, ACTING CITY CLERK
AND ACTING SECRETARY
Palm Desert City Council
Successor Agency to the Palm Desert Redevelopment Agency
Housing Authority
Financing Authority