The URL can be used to link to this page

Home My WebLink About2022-03-10I 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, March 10, 2022 CALL TO ORDER — 3:00 P.M. Mayor Harnik called the meeting to order at 3:00 p.m. 1ZT00lW8T_11I, 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 Veronica Chavez, Director of Finance Niamh M. Ortega, Deputy City Clerk ACTION TO ADD EMERGENCY ITEM Main Motion: Add Closed Session Item A2 relative to 72-880 Highway 111, Palm Desert (APN 640-120-020) as an emergency.item by 4/5 vote. Moved by: Kelly/Quintanilla Vote and Action: 5 Yes/O No: Motion Carried ;I PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY I None. MINUTES City Council, Successor Agency to the Palm Desert MARCH 10, 2022 Redevelopment Agency, and Housing Authority Meeting ADJOURN TO CLOSED SESSION The meeting was adjourned to closed session at 3:02 p.m. A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) (City) Property: Approximately 10 acre site on north side of Gerald Ford Drive between Cook Street and Portola Avenue (APN 694-120-028). City Negotiator: Todd Hileman/Martin Alvarez Other Party Negotiator: Palm Communities Property Owner: City of Palm Desert 2) (City) Property: 72-880 Highway 111, Palm Desert (APN 640-120-020). City Negotiator: Todd Hileman/Martin Alvarez Other Party Negotiator: Seritage SRC Finance Property Owner: Seritage SRC Finance Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): 1) Potential cases: 2 C. Approval of Closed Session Minutes for the meetings of August 26, September 9 and 30, October 14 and 28, November 18 and December 16, 2021, and February 10, 2022. RECONVENE THE CITY COUNCIL. SUCCESSOR AGENCY, AND HOUSING AUTHORITY MEETING Mayor Harnik reconvened the regular meeting at 4:00 p.m. a) Roll Call b) Pledge of Allegiance to the Flag — Mayor Pro Tern Sabby Jonathan c) Inspiration/Invocation — Councilmember Karina Quintanilla REPORT ON ACTION FROM CLOSED SESSION City Attorney Hargreaves reported that, relative to Item Al, the City Council authorized by unanimous vote an Exclusive Negotiating Agreement with Palm Communities, LLC, for an initial term of 90 days. The Agreement will be available for public viewing once it has been finalized. There was no other reportable action taken during Closed Session. ri MINUTES Page 2 MINUTES City Council, Successor Agency to the Palm Desert MARCH 10, 2022 Redevelopment Agency, and Housing Authority Meeting IAWARDS. PRESENTATIONS. AND APPOINTMENTS Certificates of Achievement for Palm Desert High School Wrestling Team (CC) The City Council congratulated the wrestling team who attended virtually to receive the certificate. CITY MANAGER COMMENTS City Manager Hileman recognized Veronica Chavez as the newly -appointed Finance Director, who began in her new role the prior week. City Manager Hileman introduced Public Affairs Manager Thomas Soule who reported on various events taking place during the months of March and April. These events included a free film series at the University of California, Riverside campus, a concert series and Fashion Week at the Gardens on El Paseo, and the Palm Desert Food and Wine event. He also noted April was National Poetry Month, and the County's teen poet laureate was a student at Palm Desert High School. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION ' Councilmember Kelly shared that the Economic Development subcommittee has made progress on the Visitor Center which was a topic of discussion at the City Council's most recent goal -setting session. Councilmember Quintanilla reported her attendance and work with the Cultural Arts Committee. Mayor Pro Tern Jonathan shared he was excited about the Homelessness Taskforce meeting of the previous week and looked forward to the work that would be done by the taskforce. Mayor Harnik reported she and Mayor Pro Tern Jonathan toured several fire stations in the area. She also reported her attendance at the Living Desert gala. NON AGENDA PUBLIC COMMENTS Ms. Tammy Martin thanked the City Council for its continued partnership with Friends of the Desert Mountains and provided a report on the recent Wildflower Festival. MINUTES Page 3 MINUTES City Council, Successor Agency to the Palm Desert MARCH 10, 2022 Redevelopment Agency, and Housing Authority Meeting CONSENT CALENDAR All matters listed on the Consent Calendar are considered to be routine and may be approved by one (1) Minute Motion. 2. MINUTES of the regular City Council, Successor Agency, and Housing Authority Meeting of February 10, 2022 (CC) (SA) (HA) Rec.: Approve as presented. 3. APPROVE CLAIMS AND DEMANDS WARRANTS: Citv: 1/30/2022 (CC); Successor Agency: 2/18/2022 (SA); Citv and Housina: 2/11/2022, 2/16/2022, 2/18/2022 (CC, HA) Rec.: Receive and file. 4. 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). 5. ORDINANCE NO. 1376 amending the Palm Desert Municipal Code Section 2.34.010 related to Committee/Commission Member Attendance Requirements (2nd reading) (CC) Rec: Waive further reading and adopt. 6. ORDINANCE NO. 1377 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 (2nd reading) (CC) Rec.: Waive further reading and adopt. MINUTES Page 4 MINUTES City Council, Successor Agency to the Palm Desert MARCH 10, 2022 Redevelopment Agency, and Housing Authority Meeting ' 7. RESOLUTIONS: Approve Veronica Chavez, Interim Finance Director and City Treasurer, as Business Contracting Officer for the City of Palm Desert's banking, trust, and investment relationships and update authorization to invest monies in the Local Agency Investment Fund. (CC) (SA) (HA) Rec.: By Minute Motion that the City Council, Successor Agency Board, and Housing Authority Board: 1. Approve Veronica Chavez, Interim Finance Director and City Treasurer as a Business Contracting Officer for the City of Palm Desert, and all its related entities, banking, trust, and investment relationships and sign related technical documents; and 2. Approve Resolutions providing updated authorizations to the invest monies in the Local Agency Investment Fund ("LAIF"). 8. APPROVE a temporary waiver of certain Parks ordinances for duration of the Palm Desert Youth Sports Association Opening Day of baseball and softball to be held March 12, 2022. (CC) Rec.: Approve a temporary waiver of Palm Desert Municipal Zone Sections 11.01.080-H (Camping), 11.01.140 (Amplified Sound) and 11.01.080Q (Vendor Sales) for the duration of the Palm Desert Youth Sports Association (PDYSA) event. ' 9. APPROVE a temporary waiver of facility use fees for the use of the Civic Center Park volleyball courts by Palm Desert High School for beach volleyball team practice and games (CC) Rec.: By Minute Motion, approve waiving facility use fees for the use of the Civic Center Park volleyball courts by Palm Desert High School for beach volleyball team practice and games. 10. AWARD of Contract for the Palm Desert Aquatic Center pool resurfacing and lighting replacement project (Project No. 881-22) (CC) Rec.: By Minute Motion: 1. Award Contract to California Commercial Pools, Inc., Glendora, California for the Palm Desert Aquatic Center Pool Resurfacing and Lighting Replacement Project in the amount of $370,000.00 (Project No. 881-22); 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $37,000; 3. Authorize the City Manager or his designee to review and execute change orders up to the contingency amount for unanticipated conditions, per Section 3.30.170 Section A of Ordinance No. 1335; and 4. Authorize the Mayor to execute the subject agreement. MINUTES Page 5 MINUTES City Council, Successor Agency to the Palm Desert MARCH 10, 2022 Redevelopment Agency, and Housing Authority Meeting 11. RECEIVE AND FILE the General Fund Financial Report for January 2022 (CC) ' Rec.: Receive and file. This item was removed for separate consideration under "Consent Items Held Over". 12. RECEIVE AND FILE the Compliance Analysis and Investment Reports for November 2021, December 2021 and January 2022 (CC) Rec.: Receive and file. Main Motion: Approve all items on the consent calendar with the exception of Item 11, considered separately. Moved b K - Vote and Action: 'S'Yes/0"Nd, Motioh:,Carried,`7. CONSENT ITEMS HELD OVER 11. RECEIVE AND FILE the General Fund Financial Report for January 2022 (CC) Main Motion: Receive and file the General Fund Financial Report for January 2022. ' Moved by: Jonathan/Kelly Vote and Action: 5 Yes70 Nb: Motion. Carried;, ,,, ACTION CALENDAR 13. AMEND Ordinance No. 1254, revising Chapter 11.01.080 (Parks, Prohibited conduct generally) of the Palm Desert Municipal Code relating to the improper feeding of wild or domestic birds (1st reading) (CC) Main Motion: Waive further reading and pass to second reading Ordinance No. 1254 revising Chapter 11.01.080 (Parks, Prohibited conduct generally) of the Palm Desert Municipal Code. Moved by: I Quintanilla/Kelly Vote and Action: I .5,Yes/0,Noi,M6tion Car?ied,, ,_• :... ;' .; ' 14. REVIEW recommended changes to the development standards of the R-2 (Mixed Residential District) and direct staff to initiate a Zoning Ordinance Amendment for Chapter 25.10 of the municipal code (CC) Main Motion: Direct staff to initiate a Zoning Ordinance Amendment (ZOA) to modify the development standards of the R-2 (Mixed Residential District) Zoning ' District in Chapter 25.10 of the municipal code. Moved by: Kelly/Nestande Vote and Action: 5,Yes/O No::Motion`Car:Fied, MINUTES Page 6 MINUTES City Council, Successor Agency to the Palm Desert MARCH 10, 2022 Redevelopment Agency, and Housing Authority Meeting 15. APPROVE Unite Palm Desert Security Camera System grant program (CC) Main Motion: 1. Approve the proposed Unite Palm Desert Security Camera System Grant program for private commercial properties to receive up to five - hundred dollars ($500) each for the purchase and installation of security cameras; 2. Authorize the City Manager to implement the Unite Palm Desert Security Camera System Grant program including the execution of all agreements required to meet the program requirements; 3. Authorize the City Attorney to make non -substantive changes to the Unite Palm Desert Security Camera System Grant program agreement; and 4. Approve an expenditure in the amount of $20,000 from Economic Development Fund 4254430-4393000 for the grants.Direct staff to initiate a Zoning Ordinance Amendment (ZOA) to modify the development standards of the R-2 (Mixed Residential District) Zoning District in Chapter 25.10 of the municipal code. Moved by: I Nestande/Kelly Vote and Action: .&Yes/0i N'o.'Motion Carried, PUBLIC HEARING ' 16. REDRAWING of Council Member District Boundaries (4th Public Hearing) (CC) Mr. Mal Richardson provided an updated report to the Council. Mayor Harnik opened the public hearing, and receiving no public comment, 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; 2. Conduct a public hearing to receive public input on district boundaries; and 3. Progress with the ordinance with the selection of Map 3C. Moved by: I Kelly/Nestande Vote and Action: J 5 Yes/0.No; Motion Carried - 17. RESOLUTION to approve amended franchise agreement with Burrtec Waste and Recycling Services, LLC to collect solid waste, recyclables, and organic waste; conduct majority protest hearing, and approve adjusted rates as outlined (CC) The City Council received a report from staff and Burrtec representatives. MINUTES Page 7 MINUTES City Council, Successor Agency to the Palm Desert MARCH 10, 2022 Redevelopment Agency, and Housing Authority Meeting Mayor Harnik opened the public hearing, and receiving no public comment, closed the ' public hearing. Main Motion: 1. Conduct a public hearing to receive public comment on proposed increases to solid waste and recycling service rates. 2. Adopt Resolution approving amended franchise agreement with Burrtec Waste and Recycling Services, LLC to collect solid waste, recyclables, and organic waste; and 3. Approve the adjusted maximum service rates outlined in exhibits 3A, 36, and 3C of the amended franchise agreement. Moved by: I Kelly/Jonathan Vote and Action: 5 Yes/0•.'No.a'M'otibn, Carried 18. RESOLUTION to adopt a Mitigated Negative Declaration (MND) in accordance with the California Environmental Quality Act (CEQA), and approval of General Plan Amendment 21-0002 (GPA 21-0002), amending the City's Housing Element and Safety Element of the General Plan (CC) The City Council received a report from staff. Mayor Harnik opened the public hearing, and receiving no public comment, closed the public hearing. ' Main Motion: Waive further reading and adopt a City Council Resolution adopting an MND in accordance with the CEQA, and approval of Case No. GPA 21- 0002, amending the City's Housing Element and Safety Element of the General Plan in accordance with the California Department of Housing and Community Development (HCD) guidelines. Moved by: I Kelly/Quintanilla Vote and Action: 5'Yes/0:N'o: MotiwCarried 19. ADOPT a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA), and approval of a summary vacation of an unused portion of San Pablo Avenue right-of-way at the southeast corner of Fred Waring Drive and San Pablo Avenue to be in conformance with the City's General Plan (CC) The City Council received a report from staff. MINUTES Page 8 MINUTES City Council, Successor Agency to the Palm Desert MARCH 10, 2022 Redevelopment Agency, and Housing Authority Meeting ' Mayor Harnik opened the public hearing, and receiving no public comment, closed the public hearing. C Main Motion: Waive further reading and adopt the following: 1. A Notice of Exemption in accordance with CEQA; and 2. Conduct a public hearing to receive public input and adopt a City Council Resolution approving a summary vacation of an unused portion of San Pablo Avenue right-of-way at the southeast corner of Fred Waring Drive and San Pablo Avenue to be in conformance with the City's General Plan. Vote aMoved d Action by E 6 Yes/01IdNo. Motion 20. RE -APPROVE Resolution No. 2022-07 approving a Historic District Designation for Sandpiper Condominiums Circle 2 Located on El Paseo (CC) Mr. Jason Finley, Chief Building Official, provided a brief report, noting re -approval is recommended due to a publication error. Main Motion: Re -approve Resolution No. 2022-07 previously approved at the regular Council meetinq of February 10, 2022, due to a noticinq error. Moved by: I Jonathan/Nestande Vote anl d Action: 5 Yes/0 No. Motion Carried ADJOURNMENT With City Council, Successor Agency, and Housing Authority concurrence, Mayor Harnik adjourned the meeting at 5:53 p.m. �C_ I JPN C. HARNIK MAYOR/CHAIR/CHAIRMAN 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 9