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HomeMy WebLinkAbout2022-01-27' 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, January 27, 2022 CALL TO ORDER — 3:00 P.M. Deputy City Clerk Niamh Ortega announced that closed session would not occur as scheduled, and the Council would convene at 4:00 p.m. There were no members of the public in attendance at 3:00 p.m. and there were no requests to speak received for closed session. 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 Quintanilla 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 Niamh M. Ortega, Deputy City Clerk M. Gloria Sanchez, Records Coordinator PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None. MINUTES JANUARY 27, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting ADJOURN TO CLOSED SESSION 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 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. a) Roll Call b) Pledge of Allegiance to the Flag — Mayor Jan C. Harnik c) Inspiration/Invocation — Mayor Pro Tern Sabby Jonathan REPORT ON ACTION FROM CLOSED SESSION Not applicable. AWARDS. PRESENTATIONS. AND APPOINTMENTS None. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmember Kelly shared that she and Councilmember Nestande represented Palm Desert at the Cove Community Commission. She explained there were key aspects of government that the City of Palm Desert pursues collaboratively with the City of Rancho Mirage and the City of Indian Wells; those included Public Safety such as Fire Safety, Police, and the Joslyn Senior Center. One topic covered was an initiative for Automated License Plate Readers at intersections in Palm Desert. She expressed the presentation was enlightening as it showed how helpful it had been for the City of Rancho Mirage in tracking stolen vehicles and solving a host of criminal activity. Minutes Page 2 MINUTES JANUARY 27, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting ' Councilmember Kelly sought confirmation from City Manager Todd Hileman that this topic would be presented to the Public Safety Commission which he confirmed. Councilmember Quintanilla shared her attendance at several meetings including the Cultural Preservation Committee and learned about the Sandpiper development and the historic community in Palm Desert. She also had the opportunity to be on the iHub Advisory with Mayor Harnik and expressed her excitement for future opportunities. Councilmember Quintanilla announced she was selected to be part of the Coachella Valley Water Academy and planned to bring training for water conservation and greener innovations to the City of Palm Desert. Lastly, she asked her fellow Councilmembers to reconsider moving to five districts with a motion rather than elections. Mayor Pro Tern Jonathan thanked Sergeant Wolvridge, Sergeant Koser and Deputy Nelson for taking him on an extensive tour of the dispatch and training center at the Palm Desert Civic Center. He expressed his appreciation to the men and women who provided safety to the community. Mayor Harnik shared her ongoing meetings and encouraged the public to offer their input on Lupine Plaza and "Walk n' Roll", a study on how to connect the community safely with bicycles and pedestrians. Mayor Harnik gave an update on housing and shared she has been attending the Southern California Association of Government meetingss and ' working with representatives, assemblymen, and senators to secure much -needed housing that will also complement the community. Mayor Harnik requested that staff explore the option of creating a new City seal to celebrate the fiftieth anniversary of the incorporation of the City that is relative, relevant, and timely. NON AGENDA PUBLIC COMMENTS Mr. Jared Portolesi spoke regarding a neighboring house under construction and expressed that he was opposed to the two-story construction overlooking his yard. He submitted photos for Council to review and requested the City examine his specific situation regarding zoning guidelines. CONSENT CALENDAR All matters listed on the Consent Calendar are considered to be routine and may be approved by one (1) Minute Motion. MINUTES of the regular City Council, Successor Agency, and Housing Authority Meeting of December 16, 2021 (CC) (SA) (HA) Rec.: Approve as presented. Minutes Page 3 MINUTES JANUARY 27, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 2. APPROVE CLAIMS AND DEMANDS WARRANTS: City: 1/7/2022 (CC); I SuccessorAaencv: 1/7/2022 (SA) Rec.: Receive and file. 3. RECEIVE AND FILE applications for an Alcoholic Beverage License for Gastro Grind Burgers — 73850 Highway 111 Ste B & C (CC) Rec.: Receive and file. 4. ORDINANCE NO. 1374: Update Organic Waste Recycling Requirements to the City Municipal Code to Comply with Senate Bill 1383 (2nd reading) (CC) Rec.: Waive further reading and adopt. 5. RESOLUTION NOS. 2022-03 and SARDA 091 to authorize new account signers for the Riverside County Treasurer's Pooled Investment Fund (CC) (SA) Rec.: Waive further reading and adopt. 6. RESOLUTION NO. 2022-04 to approve Civic Engagement Committee bylaws (CC) ' Rec.: Waive further reading and adopt. 7. RESOLUTION NO.2022-05 to authorize the destruction of paper records that have been digitally imaged from the Development Services Department (Planning/Land Development Division) to rely on the electronic record as the official record. (CC) Rec.: Waive further reading and adopt. 8. REQUEST TO APPROVE a contract with Romo Studios, LLC, in the amount of $188,390 for replacement of the bronze boy of For Our Freedom located at Freedom Park (Contract No. C42680) (CC) Rec.: By Minute Motion: 1. Approve Contract with Roma Studios, LLC, in the amount of $188,390 for replacement of the bronze boy of For Our Freedom located at Freedom Park; and 2. Authorize the Mayor to execute said Contract and allow the City Attorney to make non -substantive changes. Minutes Page 4 MINUTES JANUARY 27, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 9. REQUEST TO APPROVE a contract between the City of Palm Desert and FG Creative, to provide advertising services for the El Paseo Parking & Business Improvement District, Merchant Outreach and advertising services for the Palm Desert Aquatic Center, to recognize the reassignment of work due to the separation of FG Creative from CV Strategies (Contract No. C42690) (CC) Rec.: By Minute Motion: 1. Approve Contract with FG Creative, Inc. to provide advertising services and Merchant Outreach services for the El Paseo Parking & Business Improvement District (EPPBID), and advertising services for the Palm Desert Aquatic Center (PDAC); 2. Authorize the City Attorney to make non -substantive changes to the contract and the Mayor to execute the agreement on behalf of the City; and 3. Terminate contracts No. C37060, A39220 and A42650. 10. REQUEST TO APPROVE the 2022 Palm Desert Half Marathon and 5K Event (CC) Rec.: By Minute Motion: 1. Approve the 2022 Palm Desert Half Marathon and 5K scheduled for Sunday, February 13, 2022; 2. Approve the proposed event route and road closures; 3. Temporarily waive the Palm Desert Municipal Code (PDMC) Section 11.01.140 (Amplified Sound); 4. Temporarily waive the Palm Desert Municipal Code (PDMC) Section 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040; and 5. Temporarily waive the Palm Desert Municipal Code (PDMC) Section 11.01.080 (Prohibited Conduct Generally in City Parks, Item Q —Vendor Sales. 11. REQUEST TO AUTHORIZE the City Manager to Purchase a Patrol BMW Motorcycle for the Palm Desert Police Department from BMW Motorcycles of Riverside, California pursuant to PDMC Chapter 3.30.160 (E) and (1) (CC) Rec.: By Minute Motion, authorize the City Manager to Purchase a Patrol BMW Motorcycle for the Palm Desert Police Department from BMW Motorcycles of Riverside, California pursuant to PDMC Chapter 3.30.160(E) and (1). 12. RECEIVE AND FILE the annual Low and Moderate Income Housing Asset Fund Report relative to SB 341 Rec.: Receive and file. Minutes Page 5 MINUTES JANUARY 27, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 13. RECEIVE AND FILE the resignation of Susan Myrland from the Cultural Arts Committee. (CC) Rec.: Receive and file with sincere regret. Main Motion: Approve all items on the consent calendar, as presented. Moved by: Kelly/Nestande Vote and Action: 5 Yes/0 No. Motion Carried ACTION CALENDAR 14. RESOLUTION NO.2022-06 to approve signature authority for all California Department of Resources Recycling and Recovery (CalRecycle) grants for which the City of Palm Desert is eligible (CC) Main Motion: Waive further reading and adopt Moved by Kelly/Quintanilla Vote and Action 5 Yes/0 No. Motion Carried 15. REQUEST TO AUTHORIZE the City Manager to negotiate a contract with Kemper Sports for the maintenance and operations of the Desert Willow Golf Resort (Contract No. C42210) (CC) Main Motion: Authorize the City Manager to negotiate a contract with Kemper Sports Management ("Kemper") for the management and operations of the Desert Willow Golf Resort and return to the City Council for consideration. Moved by: Jonathan/Kelly Vote and Action: 5 Yes/0 No. Motion Carried 16. REQUEST TO APPROVE the creation of an Ad Hoc Subcommittee for the Fourth Fire Station Design/Build (CC) Ll Main Motion: 1. Create an Ad Hoc Sub -Committee for the Fourth Fire Station Design/Build; and 2. Appoint Mayor Harnik and Mayor Pro Tern Jonathan to serve on said committee. Moved by:75Ye7s/0 /Kelly Vote and Action:o. Motion Carried 17. REQUEST FOR DIRECTION on consideration of future City Council adoption of a resolution calling for a ballot measure on five districts (CC) ' Mr. Kim Floyd spoke in favor of moving to five districts. Minutes Page 6 MINUTES JANUARY 27, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting ' Mr. Carlos Garcia spoke in favor of moving to five districts. Mr. Ricardo Loretta expressed interest in learning more about the redistricting process so he could determine if it was a good thing for the City. Ms. Forester spoke in opposition to moving to five districts. Main Motion: Prepare draft resolutions and return to Council for consideration of a ossible Council -initiated five district ballot measure for the 2022 ballot. Moved by: Kelly/Quintanilla Vote and Action: 3 Yes/2 No (Jonathan, Nestande). Motion Carried 18. REQUEST FOR DIRECTION regarding Portola Avenue / 1-10 Interchange improvements (Project No. 637-02) (C27330A-C) (CC) Main Motion: Moved by Vote and Action: 1. Direct the City Manager or designee to work with Coachella Valley Association of Governments to return the remaining City bond funds on deposit for the Portola Avenue / 1-10 Interchange Improvements project; 2. Direct the City Manager or designee to work with Riverside County Transportation Commission on repurposing the Measure A set aside for the Portola Avenue / 1-10 Interchange Improvements project; 3. Direct staff to the City Manager or designee to work with County of Riverside to remove the aesthetic treatments from the design until such time that there is construction funding for the project; and 4. Reaffirm the commitment of the City Council to the Portola/1-10 interchange project and direct staff to continue pursuing funding opportune ies for the project Kelly/Nestande 5 Yes/0 No Motion Carried PUBLIC HEARING 19. RESOLUTION NO. 2022-07 to approve a Historic District Designation for Sandpiper Condominiums Circle 2 located on El Paseo (CC) Mayor Harnik opened the public hearing and, hearing no comment, continued the item to the February 10, 2022 Council meeting at staff's request. Main Motion: Continue item to meeting of February 10, 2022. Moved by Kelly/Quintanilla Vote and Action: 5 Yes/0 No. Motion Carried Minutes Page 7 MINUTES JANUARY 27, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 20. RESOLUTION NO. 2022-08 to approve a Historic District Designation for ' Sandpiper Condominiums Circle 3 located on El Paseo (CC) Mayor Harnik opened the public hearing and, hearing no comment, continued the item to the February 10, 2022 Council meeting at staff's request. Main Motion: Open public hearing and continue item to meeting of February 10, 2022. Moved by: Kelly/Quintanilla Vote and Action: 5 Yes/0 No. Motion Carried 21. ORDINANCE NO. 1375: Continued item for consideration of approval to the City Council for Zoning Ordinance Amendment 21-0002 to 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. (Continued from the meeting of January 13, 2022) (15t Reading) (CC) Mayor Harnik opened the public hearing and, hearing no comment, closed the public hearing. Main Motion: Waive further reading and pass to second reading Ordinance approving ' Zoning Ordinance Amendment 21-0002 to 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 Residenti_ al Property" regulatinVhe public engagement process. Moved by: I Kelly/Nestande Vote and Action: 5 Yes/0 No. Motion Carried 22. PUBLIC HEARING on the Redrawing of Council Member District Boundaries (CC) Mayor Harnik opened the public hearing. Mr. Bruce Poynter spoke in support of the current two district system and stated his position for the record is to say no to five districts. Ms. Linda Salas spoke in favor of five districts and development of five districts. Ms. Joan Speer spoke in favor of five districts and more local representation. Ms. Kelly Lightner also spoke in favor of moving to five districts. Hearing no additional public comment, Mayor Harnik closed the public hearing. ' Minutes Page 8 MINUTES JANUARY 27, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Mayor Pro Tern Jonathan noted that there was a separate item on the agenda relative to the ballot initiative for five districts for those who wished to also speak on that item. Main Motion: 1. Receive a report from staff and the City's redistricting consultant on the redistricting process and permissible criteria to be considered to redraw district boundaries;and 2. Conduct a public hearing to receive public input on district boundaries. Moved by: Nestande/Quintanilia Vote and Action: 5 Yes/0 No. Motion Carried 23. CONSIDERATION of an amendment to the Specific Plan, Precise Plan, Tentative Tract Map, and the Disposition and Development Agreement for DSRT Surf, a resort development inclusive of a 5.5-acre surf lagoon and surf center facility, a four-story 92-room hotel, and 83 residential units on a vacant 17.69-acre site; and an addendum of the Environmental Impact Report for the DSRT SURF project located on the west side of Desert Willow Drive (CC) Main Motion: 1. Waive further reading and adopt City Council Resolution No. 2022-09 approving Case Nos. Amendment No. 1 to SP 18-0002, PP 18-0009, TTM 37639, and an addendum to the EIR for the DSRT SURF Project, ' subject to the conditions of approval; 2. Approve a Revised and Restated Disposition and Development Agreement (DDA) between the City of Palm Desert and Desert Wave Ventures, LLC; 3. Approve a Transient Occupancy Tax (TOT) Agreement as -to -form with Desert Wave Ventures, LLC, in an amount not to exceed $16.1 million for the operation of a 92-room AAA four -diamond hotel located on Parcel B within the Desert Willow Golf Resort; 4. Authorize the Mayor to execute said Agreements; 5. Authorize the City Manager to make non -substantive changes to the DDA and TOT Agreement as needed prior to execution by the Mayor; 6. Authorize the City Manager to draft, negotiate, and execute other supporting agreements that may be required by the DDA, including an Acquisition Agreement as to form and the attached City Cost Reimbursement Agreement as to form; 7. Authorize the City Manager to execute said agreements; and 8. Appropriate $20 million to Fund 451 for costs associated with the public improvements at identified sites of the Project. These funds are reimbursable from the associated residual bond proceeds and controlled by the attached Acquisition A reement as -to -form Moved by: Jonathan/Harnik Vote and Action: 5 Yes/0 No. Motion Carried Minutes Page 9 MINUTES JANUARY 27, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting CITY MANAGER COMMENTS None. ADJOURNMENT With City Council, Successor Agency, and Housing Authority concurrence, Mayor Harnik adjourned the meeting at 7:46 p.m. JAN C. HARNIK MAYOR/CHAIR/CHAIRMAN rang:&Is V� c7T-% -1- NIAMH M.�RTEGA, DEP-OTY CITY CLERK AND SECRETARY �, J Palm Desert City Council Successor Agency to the Palm Desert Redevelopment Agency Housing Authority Minutes Page 10