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HomeMy WebLinkAbout2022-01-13' 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) Thursday, January 13, 2022 CALL TO ORDER — 3:01 P.M. Mayor Harnik convened the meeting. ROLL CALL Present: Mayor Pro Tem/Vice Chair/Vice Chairman Sabby Jonathan Councilmember/Director/Member Kathleen Kelly Councilmember/Director/Member Gina Nestande ' Councilmember/Director/Member Karina Ouintanilla Mayor/Chair/Chairman Jan C. Harnik Staff Present: Todd Hileman, City Manager/Executive Director Robert W. Hargreaves, City Attorney Andrew Firestine, Assistant City Manager Janet M. Moore, Director of Finance Norma I. Alley, MMC, City Clerk/Secretary Niamh M. Ortega, Deputy City Clerk PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None. ADJOURN TO CLOSED SESSION Mayor Harnik adjourned the meeting to closed session at 3:01 p.m. i JANUARY 13, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting A. Conference with Real Property Negotiator pursuant to Government Code ' Section 54956.8: 1) (Successor Agency) Property: 18.73-acre site, located on Desert Willow Drive, northwest of Market Place (APNs 620-450-012, 013, 014). City Negotiator: Todd Hileman/Martin Alvarez Other Party Negotiator: Family Development Group, Inc. Property Owner: Successor Agency to Palm Desert Redevelopment Agency 2) (Successor Agency) Property: Approximately 93-acre portion of the 128-acre site, located west of Portola Avenue and south of Gerald Ford Drive (APNs 694-310-002, 003, and a portion of 694-310-006). City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Other Party Negotiator: Refuge Palm Desert, LLC Property Owner: Successor Agency to Palm Desert Redevelopment Agency B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): ' 1) Potential cases: 2 RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MEETING — 4:00 P.M. Mayor Harnik reconvened the open session of the meeting at 4:00 p.m. a) Roll Call b) Pledge of Allegiance to the Flag — Councilmember Gina Nestande c) Inspiration/Invocation — Mayor Jan C. Harnik REPORT ON ACTION FROM CLOSED SESSION Relative to Item Al, City Attorney Hargreaves reported that direction was given and no reportable action was taken. Relative to Item A2, the City Council unanimously authorized a Purchase and Sale Agreement with the Refuge for the subject property and once finalized, the agreement will be available for the public to review. AWARDS, PRESENTATIONS, AND APPOINTMENTS None. Page 2 JANUARY 13, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting ' MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION, Councilmember Quintanilla reported on her attendance at a recent McCallum Theatre Educational Policy meeting and highlighted the accomplishments of local schools throughout the pandemic. She also shared that McCallum's Open Call was scheduled to move forward with applications due January 19, 2022. She recognized Ms. Donna Jean Darby's recent resignation from the Cultural Arts Committee, and shared that she had been active on several committees throughout her years of service. Councilmember Quintanilla requested a blinking light be installed on San Pablo to allow pedestrians to safely cross as there have been some incidents with drivers making left turns and u-turns. She also requested that staff explore how a recent allocation of $25 million for community resilience and dedicated to extreme heat could be captured for Palm Desert. Mayor Pro Tern Jonathan reported he attended a number of meetings, and highlighted his participation in the Desert Willow management Request for Proposals interviews earlier in the week. The five-year contract with Kemper Sports to manage Desert Willow Golf Resort has reached the end of its term. Mayor Harnik noted there had been an increase in the incidents of graffiti throughout the City and commended the Public Works staff for their quick response to abate the graffiti. She encouraged the public to utilize Palm Desert's "In Touch" app to report these and other issues they may notice around the city so staff can address them efficiently. She shared that January 17, 2022 was Martin Luther King, Jr., Day. She also noted there would be a ceremony at 1:00 p.m. on January 27, 2022 in the Civic Center Park for International Holocaust Remembrance Day. Lastly, she reminded the Council of the December 16 request of then Mayor Kelly for a discussion relative to a potential ballot initiative regarding redistricting. Noting the time period over the holidays and a recent COVID surge, the item was not ready to present at the current meeting, so it would be presented at the January 27, 2022 meeting. NON AGENDA PUBLIC COMMENTS Ms. Joan Speer spoke in favor of a five -district system. Ms. Louise Kermode spoke in opposition to the Lupine Plaza street closure. 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 regular City Council, Successor Agency, and Housing Authority Meeting of November 18, 2021 (CC) (SA) (HA) Rec.: Approve as presented. Page 3 JANUARY 13, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 2. APPROVE 2021 CLAIMS AND DEMANDS_ WARRANTS: Citv: 11/30/2021, ' 12/7/2021, 12/10/2021 12/14/2021, 12/17/2021, 12/20/2021 and 12/28 12/31/2021 (CC); Successor Agencv: 12/3/2021 and 12/17/2021 (SA); and City and Housinq Authority: 12/3/2021, 12/10/2021 and 12/17/2021 (CC & HA) Rec.: Receive and file. 3. REQUEST TO AUTHORIZE findings that the State of California continues in a Governor -declared state of emergency (AB361) to combat the COVID epidemic, that state and local health officials are recommending social distancing, and consequently that the City Council and its other Brown -Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e) (CC) Rec.: The City Council hereby finds the State of California continues in a Governor -declared state of emergency to combat the COVID epidemic, that state and local health officials are recommending social distancing, and consequently that the City Council and its other Brown -Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e). 4. ORDINANCE NO. 1373: Adopt an urgency ordinance of the City Council of the City of Palm Desert, California, amending Chapter 25.34 (special use provisions) ' and adding Chapter 26.30 (urban lot splits) of the City of Palm Desert Municipal Code relating to urban lot splits and two -unit projects and determining the ordinance to be exempt from CEQA (CC) Main Motion: Waive further readinq and readopt Urqencv Ordinance No. 1373. Moved by: I Kelly/Quintanilla Vote and Action: k Yes/0 No, Motion Carried 5. RESOLUTION NO. SA-RDA-088: Adopt a Recognized Obligation Payment Schedule and Administrative Budgets for the fiscal period from July 1, 2022 through June 30, 2023, pursuant to Health and Safety Code Section 34177 and taking certain related actions (SA) Rec.: Waive further reading and adopt. JANUARY 13, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 6. RESOLUTION NO. SA-RDA-089: Approve a Purchase and Sale Agreement between the Successor Agency to the Palm Desert Redevelopment Agency and Refuge Palm Desert, LLC. for an approximately 93-acre site west of Portola Avenue and south of Gerald Ford Drive (SA40990A) (SA) Rec.: By Minute Motion, that the Successor Agency Board waive further reading and adopt Resolution No. SA-RDA-089, approving a Purchase and Sale Agreement (PSA) between the Successor Agency to the Pam Desert Redevelopment Agency (SARDA) and Refuge Palm Desert, LLC. (Developer), for an approximately 93-acre site, west of Portola Avenue and south of Gerald Ford Drive, with a purchase price of $5,595,105 (Fair Market Value) (APNs 694-310-002, 003, and a portion of 006). 7. RESOLUTION NO. SA-RDA-090: Approve a Purchase and Sale Agreement between the Successor Agency to the Palm Desert Redevelopment Agency and Family Development Group, Inc. for an 18.73-acre site known as Desert Willow Lot Pad C (SA4100A) (SA) Main Motion: Continue item to a date uncertain. Moved by: Jonathan/Kelly Vote and Action: 5 Yes/0 No. Motion Carried 1 w u ' 8. RESOLUTION NO. 2022-01: Authorize the destruction of records from the Department of Development Services, as indicated on the records retention schedule (adopted October 29, 2020). Records from 1996 through 2019 (CC) Rec.: Waive further reading and adopt. 9. REQUEST TO APPROVE Amendment No. 2 to the Agreement for Law Enforcement Services with the County of Riverside (C38780) (CC) Main Motion: Continue item to March 10, 2022, meeting or as soon as Moved by: Jonathan/Quintanilla Vote and Action: 5"Yeslf3 hli5'," otoon`Can Page 5 JANUARY 13, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 10. REQUEST TO APPROVE Amendment No. 3 to contract with Michael Baker ' International, Inc. of Palm Desert, California for On -Call City Surveying, City Engineer and Plan Review Services in an amount not to exceed $305,000 (C40520) (CC) Rec.: By Minute Motion: 1. Approve Amendment No. 3 to Contract No. C40520 with Michael Baker International, Inc. of Palm Desert, California for On -Call City Surveying, City Engineer and Plan Review Services in an amount not to exceed $305,000; 2. Appropriate $180,000 from Unobligated General Funds to Account No. 1104300-4301000; and 3. Authorize the City Manager or their designee to execute said Amendment and any additional contract amendments. 11. REQUEST TO APPROVE a backup location for the Open -Air shopping market on San Pablo (CC) Main Motion: Authorize the road closure on San Pablo Avenue between Magnesia Falls and Fred Waring, Saturday, and Sunday from January 15 through May 15, 2022, in the event College of the Desert's Street Fair is cancelled. Moved by: Kelly/Quintanilla Vote and Action: Y { 14161. Motttln. 12. REQUEST TO APPROVE a declaration of surplus property, and authorize to donation or disposal as appropriate (CC) Rec.: By Minute Motion, declare the item listed on the attached "Exhibit A" as surplus, and grant authorization to donate or dispose as appropriate. 13. RECEIVE AND FILE the resignation of Juan Mireles from the Architectural Review Board and the Housing Commission. (CC) Rec.: Receive and file with sincere regret. 14. RECEIVE AND FILE the resignation of Donna Jean Darby from the Cultural Arts Committee. (CC) Rec.: Receive and file with sincere regret. Main Motion: Approve all items on the consent calendar, as presented, with the exception of Items 4, 7, 9 and 11 which were considered and moved searatel . Moved by Nestande/Kelly ' Vote and Action ' 5 Yes/0 No. Motion Carried I Page 6 JANUARY 13, 2022 E City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting ACTION CALENDAR 15. ORDINANCE NO. 1374: Update Palm DesertMunicipal Code sections relative to organic waste recycling requirements to comply with Senate Bill 1383 (1st reading) (CC) Main Motion: Waive further reading and pass to second reading amending Chapters 1.04 (General Provisions), 1.08 (Citations for Code Violations), 1.12 (General Penalty), 3.30 (Purchasing System and Public Works Contracts), 8.12 (Trash Enclosures), 8.16 (Solid Waste), 8.17 (Recyclable Materials), 8.19 (Automated Collection of Solid Waste, Recycling and Green Waste for All Residents), 8.80 (Administrative Remedies), 8.81 (Administrative Citations), 15 (Building and Construction), and 24.04 (Water -Efficient Landscape) of the Palm Desert Municipal Code to update organic waste recycling requirements for residents and businesses in compliance with state law (California Senate Bill 1383). Moved by: ( Kelly/Quintanilla Vote and Action 15 Yes/0 No. Motion 16. RESOLUTION NO, 2022-02: Rescind Resolution No. 2021-25 and updating the Homelessness Taskforce Bylaws; and appoint members to serve on the Homelessness Taskforce (CC) Main Motion: 1. Approve Resolution No. 2022-02 rescinding Resolution No. 2021- 25 and updating the Homelessness Taskforce Bylaws; and 2. Appoint the following to the Homelessness Taskforce for a term ending June 30, 2023: • Patricia Ann Munson, Community Member • Randy Florence, Business Member • Davis Meyer, Member At Large; and 3. Appoint the following to the Homelessness Taskforce for a term ending June 30, 2025: • Jeremy Wittie, Community Member • Diane Vines, Business Member • CindV Burreson, Alternate Moved by: Quintanilla/Kelly Vote and Action 5 Yes/0 No. Motion Carried Page 7 JANUARY 13, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 17. REQUEST TO APPROVE Amendment No. 1 to Contract No. C37040B with ' Southstar Engineering and Consulting of Riverside, California in an amount not to exceed $350,000 for additional construction management services related to President's Plaza East and West Parking Lot Improvements (Project No. 758-14) (CC) Main Motion: 1. Approve Amendment No. 1 to Contract No. C37040B with Southstar Engineering and Consulting of Riverside, California in an amount not to exceed $350,000; 2. Appropriate $350,000 from the Unobligated General Fund to Account No. 4004692-4400100 as well as the transfers in/out for the appropriation; and 3. Authorize the City Manager or designee to execute said amendment. Moved by: Kelly/Quintanilla Vote and Action: '9 Yes/0 No. Motion Carried 18. REQUEST TO APPROVE the annual Council Liaison Assignments for calendar year 2022. (CC) Main Motion: Approve as presented. Moved by: I Quintanilla/Kelly ' Vote and Action 5 Yes/0 No. Motion Carried 19. REQUEST TO APPOINT Two (2) City Councilmembers to the Palm Desert iHUB Advisory Board (CC) Main Motion: Appoint Mayor Harnik and Councilmember Quintanilla to the Palm Desert iHUB Advisory Board. Moved by: Kelly/Quintanilla Vote and Action: 1, 5 Yes/0 No. Motion Carried 20. REQUEST FOR DIRECTION for a "Bicycle Rack Incentive Program' for private commercial properties (CC) Main Motion: 1. Move forward with a "Palm Desert Bicycle Rack Incentive Program" for private commercial properties; and 2. Utilize the Resource Preservation and Enhancement Committee to assist in narrowing the field of possible choices taking into account both practicality and directive branding; and 3. Utilize Engage Palm Desert to solicit public input in conjunction with the committee's work; and 4. Defer the issue of a subsidy cap until the previous steps are Moved by: Kelly/Quintanilla Vote and Action: 5 Yes/0 No. Motion Carried JANUARY 13, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting I 21. REQUEST FOR DIRECTION on the meeting format for Committee, Commission and Council meetings (CC) Rec.: By Minute Motion, provide staff with direction to continue committee, commission, and Council meetings as virtual meetings under the provisions of AB 361 with additional direction to continue to evaluate public health data and available options with the pending technology upgrades to the Administrative Conference Room and the remodel of the Council Chambers. Main Motion: Direct staff to continue to conduct virtual meetings with the intent to convert to hybrid meetings when the Council Chamber and Administrative Conference Room technology is in place to do so, assuming public health considerations warrant hybrid meetings at that time. Moved by: I Jonathan/Quintanilla Vote and Action: Yes/0 No: Motion C PUBLIC HEARING ' 22. ORDINANCE NO. 1375: Amend the Palm Desert Municipal Code, Chapter 25, modifying Section 25.60.60 (Public Hearing and Public Notice), adding Section 25.60.160 "Community Engagement," and Chapter 5, Section 5.11 "Disclosures Upon Transfer of Residential Property" regulating the public engagement process (18t Reading) (CC) Staff provided a report. Mayor Harnik declared the public hearing open and continued the item to the January 27, 2022 meeting. Main Motion: Continue the public hearing to the January 27, 2022 Moved by: 1 Quintanilla/Kelly Vote and Action: 5 Yes/0 No. Motion Carried Page 9 JANUARY 13, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 23. Redrawing of Council Member District Boundaries (CC) I Staff presented the report in conjunction with Mal Richardson, Attorney, Best, Best & Krieger, LLP, Mayor Harnik declared the public hearing open, and receiving no public comment, declared the public hearing closed. Main Motion: Direct Consultant to bring back map options for consideration at the earliest convenience. Moved by. Nestande/Quintanilla Vote and Action: "yt'P:''Moftcsn CITY MANAGER COMMENTS None. ADJOURNMENT With City Council, Successor Agency, and Housing Authority concurrence, Mayor Harnik I adjourned the meeting at 6:24 p.m. j JAN C. HARNIK MAYOR/CHAIR/CHAIRMAN ATTEST: NIAMH M. C�RTEGA, Eh UTY CITY CLERK AND SECRETARY Palm Desert City Council Successor Agency to the Palm Desert Redevelopment Agency Housing Authority Page 10