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HomeMy WebLinkAbout2022-02-10 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, February 10, 2022 CALL TO ORDER – 3:00 P.M. The meeting was called to order at 3:00 p.m. 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 Also 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. ADJOURN TO CLOSED SESSION The meeting was adjourned to closed session at 3:01 p.m. MINUTES FEBRUARY 10, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Minutes Page 2 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 3) (City) Property: 45656 Mountain View (APN 627-351-024-8) City Negotiator: Todd Hileman/Andy Firestine/Janet Moore Other Party Negotiator: The Lerae Britain Moeller Bush Living Trust Property Owner: The Lerae Britain Moeller Bush Living Trust 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 regular meeting at 4:15 p.m. a) Roll Call b) Pledge of Allegiance to the Flag – Councilmember Karina Quintanilla c) Inspiration/Invocation – Councilmember Kathleen Kelly REPORT ON ACTION FROM CLOSED SESSION City Attorney Bob Hargreaves reported that, relative to Item A2, the City Council voted to approve an amended agreement with Refuge Palm Desert, LLC, which will be available for public review when finalized. MINUTES FEBRUARY 10, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agenc , and Housing Authority Meeting AWARDS. PRESENTATIONS. AND APPOINTMENTS None. CITY MANAGER COMMENTS City Manager Todd Hileman directed his time to Thomas Soule, Public Affairs Manager, for more information regarding important upcoming dates and events in the City of Palm Desert. Soule stated a workshop was scheduled on February 15, 2022, relative to Lupine Plaza. He shared the February 11, 2022, deadline for submitting Census redistricting draft maps for consideration, and noted the City would host the second Redistricting workshop on February 22, 2022, which would take place virtually via Zoom. He encouraged the public to visit engagepalmdesert.com with questions or to learn more about redistricting. Other 2022 events scheduled over the coming weeks were the Concert Series at the Gardens on El Paseo on February 12 and the Tour de Palm Springs, also on February 12. College of the Desert's Street Fair would take place from 8:00 a.m. to 2:00 p.m. on February 12 and 13, and on Sunday, February 13, the Palm Desert Half -Marathon will take place. The Public Art Documentary Film Series would share a free screening at the University of Riverside in Palm Desert at 6:00 p.m. on February 16, and on February 18 El Paseo Cruise Night would take place from 2:00 p.m. to 5:00 p.m. MAYORICOUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmember Quintanilla reported her attendance at the Animal Campus Committee meeting and advocated for those who are unable to have a pet for any reason, noting the public could foster a pet for one hour up to one week to enjoy the love of an animal without the responsibility of owning one. She also shared that fire stations would now be equipped with pet chip readers to help find lost animals. Quintanilla also brought up the Cultural Arts Group and stated that Staff may be able to address the future of the Arts District. Councilmember Kelly expressed the productivity of the goal -setting session that the City Council held on Monday, February 7, 2022. She noted the public could view the meeting on the City's website to learn more about the goals Council has for the upcoming year, Councilmember Nestande spoke about the State's mask mandate which was set to expire on February 15, 2022, for indoor usage with the exception of public transportation, children attending school between grades K-12, emergency shelters, healthcare settings and state and local professional facilities. She noted parents had reached out to her in efforts to allow parents to make the decision on whether or not their child should wear a mask while at school. While Councilmember Nestande expressed to these parents this was not in the City of Palm Desert's jurisdiction, she asked City Manager, Todd Hileman if he would speak to Council individually to find out if there was enough support to write a letter to the Governor of California regarding the issue. Minutes Page 3 MINUTES FEBRUARY 10, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Mayor Harnik shared that a new bypass route has been approved on the 1-10 freeway between Cabazon and Banning from Hargrave Street to Apache Trail to reduce the traffic congestion that occurs driving in and out of the Coachella Valley during weekends, holidays and festivals. Harnik also shared she and Mayor Pro Tern Jonathan have attended several meetings regarding Cal State University San Bernadino, and they would continue to do so. Lastly, Mayor Harnik mentioned that the Coachella Valley Conservation Commission discussed the invasive species of plants that have been consuming the Coachella Valley and destroying native animals and plants. She encouraged everyone to purchase plants that are native to the desert, or at least would not harm local animals and plants. NON AGENDA PUBLIC COMMENTS Mr. Jared Portolesi spoke regarding a neighboring house under construction, and expressed that he was opposed to the two -storey construction overlooking his yard. He asked the City to review its zoning guidelines to prevent such occurrences in future. Ms. Alena Callimanis spoke in opposition to the Desert Surf project and cited a review by Cloward H2O to support her position. She questioned if the project would provide sufficient access to the public. Mr. Bruce Poynter spoke in opposition five districts. 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 January 13, 2022 (CC) (SA) (HA) Rec.: Approve as presented. 2. APPROVE CLAIMS AND DEMANDS WARRANTS: Citv & Housing: 1/21/2022 (CC) (HA) Rec.: Receive and file. 11 r Minutes Page 4 MINUTES FEBRUARY 10, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 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. RESOLUTION to approve Mid -Year Adjustments for the Fiscal Year 2021-22 Revenue and Expenditures (CC) This item was considered separately under Consent Items Held Over. 5. RESOLUTION 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. 6. AWARD of Contract No. C42330 in the amount of $158,830 to United Storm Water, Inc. of Industry, California for the 2021 Catch Basin and Drain Cleaning Project (Project No. 501-21) (CC) Rec.: By Minute Motion: 1. Award Contract No. C42330 in the amount of $158,830 to United Storm Water, Inc. of Industry, California, for the 2021 Catch Basin and Drain Cleaning Project; 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $15,883; 3. Authorize the City Manager or designee to review and approve written requests for the use of contingency for unanticipated conditions, per Section 3.30.170 Section A of Ordinance No. 1335; and 4. Authorize the City Manager to execute the Agreement. Minutes Page 5 MINUTES FEBRUARY 10, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 7. AWARD of Contract to KOA Corporation of Monterey Park, California, for Traffic Engineering Services in the amount of $186,300 for the Neighborhood Traffic Management Plan (Project No. 570-21) (CC) Rec.: By Minute Motion: 1. Award Contract to KOA Corporation of Monterey Park, California, for Traffic Engineering Services in the amount of $186,300; and 2. Authorize the City Manager or their designee to execute said agreement and any amendments and related documents as recommended by staff. 8. AWARD of Contract No. C42440 in the amount of $89,800 to Multi W Systems, Inc. of El Monte, California, for the Civic Center Pump Station Improvements Project (Project No. 920-22 (CC) Rec.: By Minute Motion: 1. Award Contract No. C42440 for the Civic Center Pump Station Improvements Project to Multi W Systems, Inc. of El Monte, California, in the amount of $89,800; 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $9,000; 3. Authorize the Director of Finance to transfer $98,800 from the Civic Center Photovoltaic Project (Account No. 4504161-4400100) to Civic Center Capital Project (Account No. 1104674-4400100); 4. Authorize the Mayor to execute the agreement; and 5. Authorize the City Manager to approve change orders associated with this contract based on staffs recommendations. 9. AWARD Contract No. C42170 to Commercial Waterproofing Systems, Inc. of Santa Ana, California, for the Desert Willow Golf Resort Maintenance Facility Roof Repairs in the amount of $77,000 (Project No. 851-22) (CC) Rec.: By Minute Motion: 1. Award Contract No. C42170 to Commercial Waterproofing Systems, Inc., of Santa Ana, California, for the Desert Willow Golf Resort Maintenance Facility Roof Repairs in the amount of $77,000; 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $7,700 for unforeseen conditions; and 3. Authorize the City Manager to execute said the agreement and any change orders associated with this contract based on staffs recommendations. 11 Minutes Page 6 MINUTES FEBRUARY 10, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 10. APPROVE AND AWARD an agreement with Mosaic Public Partners LLC and authorize the expenditure of up to $86,000 for recruitment services (CC) Rec.: By Minute Motion: 1. Approve and award an agreement with Mosaic Public Partners LLC; and 2. Authorize the expenditure of up to $86,000 for recruitment services, including additional expenses. 11. AWARD Contract to Conserve Landcare of Thousand Palms, California for the Parks and Landscape Enhancement Project for an annual amount of $250,000 for a term of 53 months (Project No. 934-22) (CC) This item was considered separately under Consent Items Held Over 12. ACCEPT Contract No. C38820B with Los Angeles Engineering, Inc. of Riverside, California, for the San Pablo Avenue Phase 2 Street Improvements as complete and authorize the City Clerk to file a Notice of Completion (Project No. 681-20) (CC) Rec.: By Minute Motion: 1. Accept Contract No. C38820B with Los Angeles Engineering, Inc. of Riverside, California, for the San Pablo Avenue Phase 2 Street Improvements as complete; 2. Approve Change Order No. 13 to Contract No. C38820B in the amount of $22,421.79; 3. Approve Contract Amendment No. 1 to Contract No. C38820A in the amount of $25,000; 4. Authorize the transfer of $25,000 from the remaining contingency amount for the project from Contract No. C38820B to Contract C38820A; 5. Authorize the City Clerk to file the Notice of Completion; and 6. Authorize the City Manager or their designee to execute the change order and contract amendment. 13. APPROVE Mills Act Contract for property located at 72-765 Mesquite Court, Unit C, Kings Point at Palm Desert (Shadow Cove), APN 628-270-033 (CC) Rec.: By Minute Motion: 1. Approve the following Mills Act contract for 72-765 Mesquite Court, Unit C, Kings Point at Palm Desert (Shadow Cove), APN 628-270-033 in accordance with section 29.70.030 of the Palm Desert Municipal Code (PDMC). 2. Authorize City Manager and City Attorney to approve, sign and execute the contracts. Minutes Page 7 MINUTES FEBRUARY 10, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agenc , and Housing Authority Meeting 14. RECEIVE AND FILE letter of resignation from Ms. Donna Ault, Housing Commission (CC) Rec.: Receive and file with sincere regret. 15. ORDINANCE NO. 1375: 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. (2"d Reading) (CC) Rec.: Waive further reading and adopt. Main Motion: Approve all items on the consent calendar with the exception of items 4 and 1.1, considered separately. Moved by: KellylQuintanilla Vote and Action: 15 Yes10 No. Motion Carried CONSENT ITEMS HELD OVER 4. RESOLUTION to approve Mid -Year Adjustments for the Fiscal Year 2021-22 Revenue and Expenditures (CC) 0 Main Motion: Waive further reading and adopt a resolution approving mid -year adjustments to revenue and expenditures for the FY 2021-22. Moved by: Kelly/Nestande Vote and Action: 5 Yes10 No. Motion Carried 11. AWARD Contract to Conserve Landcare of Thousand Palms, California for the Parks and Landscape Enhancement Project for an annual amount of $250,000 for a term of 53 months (Project No. 934-22) (CC) Main Motion: 1. Award Contract for the Parks and Landscape Enhancement Project to Conserve Landcare of Thousand Palms, California, for an annual amount of $250,000; 2. Authorize the Mayor to execute the agreement; and 3. Authorize City Manager to approve change orders associated with this contract and up to three (3) one-year contract extensions based on staffs recommendations. Moved Y by: � Kell /Quintanilla Vote and Action: 4 Yes10 Noll Abstain Jonathan). Motion Carried LI, Minutes Page 8 MINUTES FEBRUARY 10, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting ACTION CALENDAR 16. REQUEST FOR DIRECTION for a future Request for Proposals (RFP) for design work related to North Sphere Regional Park (NSRP) (CC) Main Motion: Direct staff to draft a Request for Proposals which explicitly calls for collaboration with existing community partners such as the Desert Recreation District, Family YMCA of the Desert and the Joslyn Center to provide input on potential amenities and how facilities might enable their program expansion, and authorize the Parks and Recreation Commission to work with the selected design firm on the final park design. Moved by: I Kelly/Quintanilla Vote and Action: 5 Yes10 No. Motion Carried PUBLIC HEARING 17. RESOLUTION NO. 2022-07 to approve a Historic District Designation for Sandpiper Condominiums Circle 2 located on El Paseo (Cont'd from January 27, 2022, meeting) (CC) Jason Finley presented a report. Mayor Harnik opened the public hearing at the January 27, 2022, meeting and continued it to the current meeting of February 10, 2022. Ms. Cassandra Hearn, President of HOA Circle 2, expressed her supports for the approval of a historical designation for the properties. Hearing no other public comment, Mayor Harnik closed the public hearing. Main Motion: Waive further reading and adopt a resolution reaffirming the action of the Cultural Resources Preservation Committee, designating the Sandpiper Condominiums Circle 2, located on El Paseo, with a Historic District designation in accordance with Section 29.50.010 of the Palm Desert Municipal Code (PDMC). Moved by: I Kelly/Jonathan Vote and Action: 5 Yes/0 No. Motion Carried Minutes Page 9 MINUTES FEBRUARY 10, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 18. RESOLUTION NO. 2022-08 to approve a Historic District Designation for Sandpiper Condominiums Circle 3 located on El Paseo (Cont'd from January 27, 2022, meeting) (CC) Jason Finley presented a report. Mayor Harnik opened the public hearing at the January 27, 2022, meeting and continued it to the current meeting of February 10, 2022. Mr. Paul Preston, President of HOA Circle 3, expressed his support for the approval of a historical designation for the properties. Hearing no other public comment, Mayor Harnik closed the public hearing. Main Motion: Waive further reading and adopt a resolution reaffirming the action of the Cultural Resources Preservation Committee, designating the Sandpiper Condominiums Circle 3, located on El Paseo, with a Historic District designation in accordance with Section 29.50.010 of the Palm Desert Municipal Code (PDMC). Moved by: ! Kelly/Jonathan Vote and Action: 5 Yes10 No. Motion Carried l ADJOURNMENT With City Council, Successor Agency, and Housing Authority concurrence, Mayor Harnik adjourned the meeting at 4:59 p.m. AN C. HARNIK I/MAY O R/C HAI RIC HA I R MAN ATTEST: NIAMH M. ORTEGA, �TY CITY CLERK AND SECRETARY Palm Desert City Council Successor Agency to the Palm Desert Redevelopment Agency Housing Authority Minutes Page 10