HomeMy WebLinkAbout2022-02-24' 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, February 24, 2022
CALL TO ORDER — 4:00 P.M.
Mayor Harnik called the meeting to order at 4:00 p.m.
ROLL CALL
Present:
Mayor Pro Tern/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
AWARDS. PRESENTATIONS. AND APPOINTMENTS
None.
CITY MANAGER COMMENTS
City Manager Todd Hileman gave an overview of the fires that occurred on Wednesday,
February 23, 2022. He informed Council that it quickly became a 4-alarm fire and there
' were multiple structures and palm trees affected. He summarized the actions of the Fire
Department and the support received from surrounding stations as well as from the
American Red Cross, Desert Recreation District and the Family YMCA. He expressed his
gratitude for the first responders and noted at one point there were over 100 firefighters
onsite. Mr. Hileman then asked Public Affairs Manager Thomas Soule to share
MINUTES FEBRUARY 24, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
information on upcoming events which included "Sunday Sounds" in the Amphitheater at '
Civic Center Park, the Wildflower festival, a blood drive and a used oil and oil filter
recycling event. He noted additional information was shared at DiscoverPalmDesert. com.
Mr. Hileman also congratulated longtime City employee and current Finance Director
Janet Moore on her upcoming retirement, and introduced Mr. Justin McCarthy, former
Assistant City Manager and Interim City Manager during Ms. Moore's tenure. Ms. Moore
thanked them for their kind words and expressed her appreciation for the City, its
employees and its residents.
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
Councilmember Quintanilla expressed her gratitude for Ms. Moore's role and thanked her
for providing information that helped her get up to speed when she first started. She also
thanked the city employees, Sheriffs deputies and the wide amount of fire support that
prevented the fire from becoming a greater tragedy than it was.
Councilmember Kelly expressed her gratitude for the emergency responders. She noted
this occasion shows the tradition the Coachella Valley has of regional cooperation is
impactful and staff goes through great efforts to ensure that the cooperation allows
resources to be deployed when needed. Councilmember Kelly shared that Ms. Moore's '
outlook on City finances is distilled, easily comprehended, and expressed her admiration
for Ms. Moore's compassion and resourcefulness when it came to affordable housing.
Councilmember Nestande thanked Ms. Moore for helping her manage the City'sfinances
during COVID in 2020 during lockdowns and an economic downturn while she was
serving as Mayor, and wished her well in her retirement.
Mayor Pro Tern Jonathan shared his gratitude for the public safety officials that avoided
a massive tragedy with the recent fire. He also shared that he met Ms. Moore 40 years
prior to working at City Hall and thanked her for all her years of service. Mayor Pro Tern
Jonathan also spoke about the monthly newsletter and encouraged residents to sign up
at Cityofpalmdesert.org/newsletter to receive information about Palm Desert happenings.
He highlighted an article in the current newsletter about the City seeking Commission and
Committee members.
Mayor Harnik expressed that public safety is valued at the City of Palm Desert and the
first responders' work relative to the fire showed why that is an important value to have.
She also spoke about Palm Desert's sponsorship of the Choreography Festival on March
6, 2022 at the Gardens on El Paseo featuring the East Valley Dance Project, and
encouraged residents to attend. Mayor Harnik then went on to thank Ms. Moore for ,
sharing her time, knowledge, and experience with the City of Palm Desert.
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City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
' 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.
MINUTES of the regular City Council, Successor Agency, and Housing Authority
Meeting of January 27, 2022 (CC) (SA) (HA)
Rec.: Approve as presented.
2. RECEIVE CLAIMS AND DEMANDS WARRANTS: Citv: 1/28/2022, 1/31/2022,
and 2/4/2022 (CC); and Successor Aaencv, 1/31/2022 and 2/4/2022 (SA)
Rec.: Receive and file.
3. RECEIVE AND FILE applications for an Alcoholic Beverage License for: (CC)
' a. Breakfast Republic & Eggies — 44491 Town Center Way, Suite A
b. Shadow Mountain — 73800 Ironwood Street
Item 3b was removed for consideration under "Consent Items Held Over".
4. RESOLUTION of the Board of the Successor Agency to the Palm Desert
Redevelopment Agency Finding that Real Property Identified as the approximate
+/-93 acres from APN 694-310-002, 694-310-003, and a portion of 694-310-006
are Not Subject to Requirements of the Surplus Land Act. (SA)
Rec.: That the Successor Agency Board:
1. Waive further reading and adopt Successor Agency Resolution No. SA -
RDA 092 finding that the real property owned by the Successor Agency
to the Palm Desert Redevelopment Agency ("SARDA") located on the
south side of Gerald Ford Drive, east of the Palm Desert Sheriff Station,
identified as the approximate +/-93 acres from APN 694-310-002, 694-
310-003, and a portion 694-310-006 are not subject to requirements of
the Surplus Land Act (SLA); 1
2. Authorize staff to submit a copy of this resolution to the California
Department of Housing and Community Development ("HCD"); and
3. Authorize the Executive Director, its designee, and staff in consultation
' with SARDA legal counsel to take any other actions they deem
appropriate or necessary and are consistent to effectuate the purpose
of the proposed resolution.
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MINUTES FEBRUARY 24, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
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 Resolution No. 2022-12.
6. RESOLUTION to adopt goals and priorities for 2022 calendar year (CC)
This item was removed for consideration under "Consent Items Held Over':
7. RESOLUTION to oppose Initiative 21-0042A1 (CC)
Rec.: Approve Resolution No. 2022-14 opposing Initiative 21-0042A1.
8. RESOLUTION to support net energy metering (CC)
This item was removed for consideration under "Consent Items Held Over':
9. APPROVE Amendment No. 1 to the City Manager's Employment Agreement
effective March 1, 2022 (Contract No. C41110) (CC)
Rec.: By Minute Motion, Approve Amendment No. 1 to the City Manager's '
Employment Agreement with L. Todd Hileman (Exhibit A) effective March
1, 2022.
10. APPROVE out-of-state travel for Special Programs Manager and Public Art
Management Analyst to attend the 2022 Americans for the Arts Annual
Conference from May 18-20, 2022 in Washington D.C. (CC)
Rec.: By Minute Motion, authorize out-of-state travel for Special Programs
Manager and Public Art Management Analyst to attend the 2022 Americans
for the Arts Annual Conference from May 18-20, 2022 in Washington D.C.
11. APPROVE out-of-state travel for Permit Center Supervisor to attend the 2022
Central Square Permit Software Conference March 26-30, 2022 in Orlando,
Florida (CC)
Rec.: By Minute Motion, authorize the out-of-state travel for the Permit Center
Supervisor to attend the 2022 Central Square Permit Software Conference
March 26-30, 2022 in Orlando, Florida.
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City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
' 12. APPROVE reimbursement to La Quinta Brewing Company for its public art fee in
the amount of $6,200 for Hazy Palms by Artist John Cuevas (CC)
Rec.: By Minute Motion:
1. Authorize reimbursement to La Quinta Brewing Company of its public
art fee in the amount of $6,200 for Hazy Palms by John Cuevas; and
2. Authorize the Mayor to execute the Public Art Agreement.
13. RECEIVE AND FILE the City of Palm Desert audited financial report for the fiscal
year ended June 30, 2021 (CC)
Rec.: Receive and file.
14. 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, 2021 (CC)
Rec.: Receive and file.
15. RECEIVE AND FILE the Palm Desert Recreational Facilities Corporation audited
financial reports for the fiscal year ended June 30, 2021 (CC)
I
Rec.: Receive and file.
Main Motion: A prove items on the consent calendar, excluding Items 3b, 6 and 8.
Moved by: I Nestande/Quintanilla
Vote and Action: L5 Yes/0 No. Motion Carried; .,
CONSENT ITEMS HELD OVER
3b. RECEIVE AND FILE applications for an Alcoholic Beverage License for Shadow
Mountain — 73800 Ironwood Street (CC)
Councilmember Kelly recused herself from this item.
Main Motion: Receive and file. _
Moved by: _Nestande/QuintaniIla
Vote and Action: 4 Yes/0 No/1 Absent.(Kelly). Motion Carried
6. RESOLUTION NO. 2022-13 to adopt goals and priorities for 2022 calendar year
(CC)
' Main Motion: Approve Resolution No. 2022-13 adopting the City Council's goals and
priorities for the 2022 calendar year.
Moved by: I Kelly/Nestande
Vote and Action: 5 Yes/0 No. Motion' Carried
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City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
8. RESOLUTION NO. 2022-15 to support net energy metering (CC) '
y __... of net energy metering.
Main Motion: Approve Resolution no. 2022-15 in s
ou
Moved by: I J_onathan/Harnik
Vote and Action: 5 Yes/0 No. Motion Carried'"::
ACTION CALENDAR
16. ORDINANCE NO. 1377 and RESOLUTION NO. 2022-16 adopting a Mitigated
Negative Declaration in accordance with the California Environmental Quality Act
(CEQA), and approval of a Change of Zone to establish a higher residential density
(eight (8) units per acre), Tentative Parcel Map 38033, and a Precise Plan to
construct 32 single -story condominium units, clubhouse, and pool/spa on 3.91
acres at the southwest corner of Gerald Ford Drive and Shepherd Lane (CC)
This item was considered under "Public Hearing".
17. ORDINANCE NO. 1376 amending Palm Desert Municipal Code Section 2.34.010,
to base commissioner and committee member attendance upon the fiscal year
(CC)
Main Motion: Waive further reading and pass to second reading Ordinance No. 1376 '
amending Palm Desert Municipal Code Section 2.34.010 to base
commissioner and committee member attendance upon a rolling 12
_ _ month period.
Moved by: Kelly/Nestande
Vote and Action: '5 Yes/0 No. -Motion Carried
18. CONSIDERATION of an appeal to reaffirm City staffs' decision to deny the issuance
of ten Short -Term Rental (STR) permits related to the Planned Residential zoning
district that do not comply with Palm Desert Municipal Code Chapter 5.10 Short -Term
Rentals Section 5.10.070 because the ten properties do not exist within an
Homeowners' Association (HOA) as envisioned by that Chapter (CC)
Ms. Nancy Tragarz, Appellant representative, provided a summary of the position of
the members of the Ironwood Homeowners' Association.
Ms. Ellen Kane spoke in support of staffs recommendation.
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MINUTES FEBRUARY 24, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
' Main Motion: 1. Deny the applicants' appeal for the reasons outlined in this report,
thereby reaffirming City staffs' decision to deny the issuance of ten
STR permits that do not comply with Palm Desert Municipal Code
(PDMC) Section 5.10.070 since they do not exist within an HOA as
contemplated by that Section; and
2. Direct the STR Subcommittee to guide the drafting of a formal definition
for an HOA, and initiate a Zoning Ordinance Amendment (ZOA) to
Chapter 5.10, and present the ZOA to the City Council at a date
_ uncertain.
Moved by: Jonathan/Kelly mm
Vote and Action: 15 Yes/0 No. Motion Carried
19. REQUEST FOR DIRECTION regarding recommendations contained in the 2021
Broker's Report (CC)
Main Motion: 1. Receive and file the 2021 Business Report; and
2. Direct City staff to initiate a Zoning Ordinance Amendment (ZOA) to
execute the recommendations contained in the 2021 Commercial
Broker's Report to add new land use categories, remove certain
land -uses from requiring a Conditional Use Permit, and to add new
land use definitions to the Zoning Ordinance.
Moved by: I Kelly/Nestande
Vote and Action: 5' Yes/0 No. Motiorf Carried x _ ry
20. AUTHORIZE the advertisement of a Request for Proposal (RFP) for Automatic
License Plate Recognition (ALPR) technology at selected intersections (CC)
Main Motion: 1. Authorize the advertisement of a Request for Proposal (RFP) for
Automatic License Plate Recognition (ALPR) technology at selected
intersections and the formation of a selection committee consisting of
member(s) of the Public Safety Commission, City Council, and staff;
and
2. Appoint Mayor Pro Tern Jonathan to participate on the selection
committee.
Moved by: Kelly/Nestande
Vote and Action: 4 Yes/0 No/1 Abstain;(Q'uintanilla), Motion Carried,
21. Approval of a Second Amendment to the Agreement for Law Enforcement Services
between the City of Palm Desert and the County of Riverside (Contract No. C38780)
(CC)
Main Motion: Approve a second amendment to the agreement for law enforcement
services between the City of Palm Desert and the County of Riverside
__ (Contract No. C387801.
Moved by: Kelly/Harnik
Vote and Action: 5 Yes/0, No. Motion Carried
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MINUTES FEBRUARY 24, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
PUBLIC HEARING '
16. ORDINANCE NO. 1377 and RESOLUTION NO. 2022-16, adopting a Mitigated
Negative Declaration in accordance with the California Environmental Quality Act
(CEQA), and approval of a Change of Zone to establish a higher residential density
(eight (8) units per acre), Tentative Parcel Map 38033, and a Precise Plan to
construct 32 single -story condominium units, clubhouse, and pool/spa on 3.91
acres at the southwest corner of Gerald Ford Drive and Shepherd Lane (CC)
Main Motion: Waive further reading and:
1. Pass to second reading Ordinance No. 1377 approving Change of
Zone 21-0001 to establish a higher residential density from five (5)
units per acre to eight (8) units per acre and adoption of a Mitigated
Negative Declaration in accordance with CEQA; and
2. Adopt Resolution No. 2022-16 approving a Tentative Parcel Map
38033, and Precise Plan 21-0008 to construct a 32 single -story unit
condominium project, clubhouse, and pool/spa on 3.91 acres at the
southwest corner of Gerald Ford Drive and Shepherd Lane.
Moved by: Nestande/Harnik
Vote and Action: 5 Yes/0 No. Motion,Carried'
22. REDRAWING of Council member district boundaries (CC) '
Mayor Harnik opened the public hearing.
Ms. Joan Speer shared her opinion regarding redrawing the boundary and changing
her district.
Hearing no additional public comment, Mayor Harnik closed the public hearing.
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: I Quintanilla/Nestande —
Vote and Action: 15 Yes/,0: No. Moti6h Carri66
23. ORDINANCE NO. 1378 to approve the Zoning Ordinance Amendment to modify
Palm Desert Municipal Code Section 25.34.060 regarding time-share projects (CC)
Mayor Harnik opened the public hearing, and upon a request by staff, continued
the public hearing to the next regular meeting of March 24, 2022. '
Mayor Harnik opened the public hearing, and at staffs request, continued it to the
next meeting of March 24, 2022. No public comment was offered.
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City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
' 24. RESOLUTION NO. 2022-17 to approve an addendum to the Mitigated Negative
Declaration and amendment to Tentative Parcel Map 37157 for Monterey Crossing,
an 18-acre mixed use commercial development located at the northeast corner of
Monterey Avenue and Dinah Shore Drive (CC)
Mayor Harnik opened the public hearing and upon receiving no public comment,
closed the public hearing.
Main Motion
Waive further reading and adopt Resolution No. 2022-17 approving
the addendum to a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and an amendment to Tentative
Parcel Map 37157.
Moved by: Kelly/Nestande
Vote and ActiI on: 5`Yes/0 No. Motion Carried
ADJOURNMENT
With City Council, Successor Agency, and Housing Authority concurrence, Mayor Harnik
adjourned the meeting at 6:59 p.m.
17
AN C. HARNIK
MAYOR/CHAIR/CHAIRMAN
ATTEST:
NIAMH M. ORTEGA, DEPUTY CITY CLERK
AND SECRETARY
Palm Desert City Council
Successor Agency to the Palm Desert Redevelopment Agency
Housing Authority
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