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Home My WebLink About2022-03-24' 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) MINUTES Thursday, March 24, 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 Veronica Chavez, Director of Finance Anthony J. Mejia, City Clerk Niamh M. Ortega, Deputy City Clerk PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None. ADJOURN TO CLOSED SESSION The meeting was adjourned to closed session at 3:01 p.m. I A. Closed Session Meeting Minutes: March 10, 2022 MINUTES MARCH 24, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting B. Conference with Real Property Negotiator pursuant to Government Code ' Section 54956.8: 1) (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 2) (City) Property: 45653 Portola Avenue, Palm Desert (APN 627-351-010) City Negotiator: Todd Hileman/Andy Firestine/Martin Alvarez Other Party Negotiator: Not applicable Property Owner: City of Palm Desert 3) (City) Property: Consideration of a lease between Lift to Rise and the City of Palm Desert at the Parkview Office Complex (73-710 Fred Waring Drive, Suite No. 219, Palm Desert) ' City Negotiator:- Todd Hileman/Veronica Chavez/Stephen Aryan Other Party Negotiator: Lift to Rise Property Owner: City of Palm Desert 4) (City) Property: 73000 Fred Waring Drive, Palm Desert (APN 622-160-034-2, 622-160-038-6, and 009-613-026-1) City Negotiator: Todd Hileman Other Party Negotiator: Friends of the Cultural Center, Inc., and McCallum Theatre Foundation, Inc. Under Negotiation: Rental payment and terms of rental payment C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): 1) Potential cases: Two (2) RECONVENE THE CITY COUNCIL. SUCCESSOR AGENCY. AND HOUSING AUTHORITY MEETING Mayor Harnik reconvened the regular meeting at 4:10 p.m. I a) Roll Call b) Pledge of Allegiance to the Flag — Councilmember Gina Nestande Minutes Page 2 MINUTES MARCH 24, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting c) Inspiration/Invocation — Mayor Pro Tern Sabby Jonathan REPORT ON ACTION FROM CLOSED SESSION Attorney Hargreaves reported that relative Item 133, Lift to Rise, the City Council unanimously approved the lease subject to certain conditions. The lease will be available for public viewing once it has been finalized. There were no other actions to report. AWARDS. PRESENTATIONS. AND APPOINTMENTS Presentation of a Proclamation declaring April 2022 as "DMV/Donate Life Month" in the City of Palm Desert (CC) Ms. Cheryl Macham accepted the proclamation and indicated it would hang in the Department of Motor Vehicles office in Palm Desert as a reminder to the public to sign up to be an organ, eye and tissue donor. CITY MANAGER COMMENTS ' City Manager Hileman introduced Public Affairs Manager Thomas Soule to provide an update on various events taking place in Palm Desert. Events included Walk MS and the Autism Walk and Resource Fair at the Civic Center Park, the State of the City and Senior Inspiration Awards, the wrap-up of Fashion Week El Paseo, and Palm Desert Food & Wine Festival. He also noted the Living Desert had an ongoing "Glow in the Park" event, and El Paseo Cruise Night was also scheduled for the month of April. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Mayor Pro Tern Jonathan reported on a recent meeting with stakeholders relative to the North Sphere park. He also shared a presentation from Desert Community Energy regarding ways to save with a Time -of -Use plan. Mayor Harnik reported that Councilmember Kelly and her mother, Ms. Mary Helen Kelly, were recently honored as Rotary Club's co -Citizens of the Year. 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 Page 3 MINUTES MARCH 24, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 2. MINUTES of the regular City Council, Successor Agency, and Housing Authority I Meeting of February 24, 2022 (CC) (SA) (HA) Rec.: Approve as presented. 3. APPROVE CLAIMS AND DEMANDS WARRANTS: Citv: 3/4/2022 (CC) Rec.: Receive and file. 4. ORDINANCE No. 1379 to revise Chapter 11.01.080 (Parks, Prohibited conduct generally) of the Palm Desert Municipal Code relating to the improper feeding of wild or domestic birds (2nd reading) (CC) Rec.: Waive further reading and adopt. 5. ORDINANCE No. 1380 to adopt the redrawing of Council Member District Boundaries (2nd reading) (CC) Rec.: Waive further reading and adopt. 6. RESOLUTION No. 2022-22 authorizing 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. 7. APPROVE an Agreement with Southern California Edison (SCE) to Retrofit SCE streetlights to LED (C42890) (CC) This item was removed for separate consideration. 8. APPROVE Palm Desert's 2022 Independence Day Celebration (C42900A, C429006)(CC) Rec.: By Minute Motion: 1. Preapprove and authorize expenditures in an amount not to exceed $75,000 ($46,000 to Pyro Spectaculars, Inc. and $29,000 to ancillary vendors) from the FY 2022/23 Budget for production of the 2022 Independence Day Celebration event; 2. Authorize City Manager to execute a one-year extension of Contract No. C37020A with Pyro Spectaculars, Inc., in the amount of $46,000 for the fireworks display; and 3. Authorize City Manager to execute any ancillary vendor contracts associated with production of celebration in an amount not to exceed $29,000. Minutes Page 4 MINUTES MARCH 24, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting ' 9. APPROVE an Amendment to Contract No. HA38270 with Liberty Landscaping, Inc., for landscape maintenance services at the Palm Desert Housing Authority properties for a two-year term in an annual amount not to exceed $348,553 (HA) Rec.: By Minute Motion, that the Authority Board, 1. Approve an Amendment ("Amendment") to Contract No. HA38270 with Liberty Landscaping, Inc., for Landscape Maintenance Services, Landscape Maintenance Area No. 3, Project No. 903-20 ("Agreement"), effective July 1, 2022, for the Housing Authority owned properties ("Properties") for a two-year term in an amount not to exceed $348,553 annually; 2. Authorize Staff and RPM Company, the Authority's contracted management company, to assign additional services as determined to be necessary due to emergency actions and/or proactively responding to issues at the Authority properties; including expenditures, in an annual amount not to exceed $88,000 for such additional services; and 3. Authorize the Chairman and/or the Executive Director to execute the Amendment and any documents necessary to effectuate and implement the actions taken herewith. 10. APPROVE a one-year extension of Contract No. C41450 with Hinderliter De Llamas ' and Associates (HDL) to continue providing Business Licensing Administration on behalf of the City (CC) Rec.: By Minute motion, extend Contract No. C41450 with HDL for City business licensing administration. 11. APPROPRIATE $63,433.55 from unobligated general fund reserves and ratify the City Manager's approval to purchase Arctic Wolf security services from Vector USA (CC) Rec.: By Minute Motion that the City Council: 1. Ratify the City Manager's approval to purchase Arctic Wolf security services from Vector USA, and 2. Appropriate $63,433.55 from unobligated general fund reserves to Account Number 1104190-4336000. Minutes Page 5 MINUTES MARCH 24, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 12. APPROVE a Central Inventory of surplus land and land in excess of foreseeable ' need pursuant to Government Code Section 54230(a)(1) in connection with properties owned by the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, and Palm Desert Housing Authority and direct the reporting of information regarding such properties to the California Department of Housing and Community Development pursuant to Government Code 54230(a)(2) (CC) Rec.: By Minute Motion, that the City Council: 1. Approve the "Central Inventory" of surplus land and land in excess of foreseeable need in connection with properties owned by the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, and Palm Desert Housing Authority, as outlined in the staff report, pursuant to Government Code Section 54230(a)(1); and 2. Authorize staff to report to the California State Department of Housing and Community Development ("HCD") information about such properties pursuant to Government Code 54230(a)(2). 13. RECEIVE AND FILE the resignation of Parks and Recreation Commissioner Mike Hardin (CC) Rec.: Receive and file with sincere regret. ' Main Motion: Approve all items on the consent calendar with the exception of Item 7, considered separately - Moved by: I Quintanilla/Nestande Vote and Action: j 5 Yes/0'No. Mbtion� Carried , . CONSENT ITEMS HELD OVER 7. APPROVE an Agreement with Southern California Edison (SCE) to Retrofit SCE streetlights to LED (CC) Main Motion: 1. Authorize the City Manager to execute an Agreement with Southern California Edison to retrofit SCE streetlights under the LS-1 Option E Program; 2. Direct that the Municipal Code Chapter 24.16 Outdoor Lighting Requirements be amended (along with annual ordinance updates) to recognize 4000 Kelvin color temperature as the City's standard for all streetlights; and 3. Authorize staff to secure a streetlighting consultant to geo-locate all City -owned LS-2/LS-3 streetlight locations and develop photometric requirements prior to retrofitting any outstanding ' streetlight fixtures to LED for an amount not to exceed $15,000. Moved by: I Quintanilla/Nestande Vote and Action: LSLYesffi No: Motion Carried Minutes Page 6 MINUTES MARCH 24, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting I ACTION CALENDAR 14. RESOLUTION and ORDINANCE: Resolution No. 2022-23 to approve Recovered Organic Waste Procurement Policy and Ordinance No. 1379 to amend Chapter 3.30 to include the Recovered Organic Waste Product Procurement Policy (15' reading) (CC) Main Motion: 1. Waive further reading and adopt Resolution No. 2022-23 approving the Recovered Organic Waste Product Procurement Policy; and 2. Waive further reading and pass Ordinance No. 1379 to second reading. Moved by: I Kelly/Nestande Vote and Action: j 5 Yes/O No.:Motion Carried = "1 15. RESOLUTION No. 2022-24 to approve actions in connection with the parcel identified as APN 694-120-028 and a portion of 694-120-029 related to compliance with the Surplus Land Act and an Exclusive Negotiation Agreement with Palm Communities (CC) Main Motion: Waive further reading and adopt a resolution: 1. Declaring the 0.49-acre City -owned property located on the north ' side of Gerald Ford Drive between Cook Street and Portola Road and identified as a portion of APN 694-120-029 (the "Additional Parcel") as "exempt surplus land" pursuant to Government Code Section 54221(f)(1)(A); 2. Authorizing the City Manager or his designee, with the consent of the City Attorney, to enter into a new Exclusive Negotiation Agreement ("ENK) with Palm Communities for the purpose of negotiating the terms and conditions of an agreement for the sale of the City -owned property located on the north side of Gerald Ford Drive between Cook Street and Portola Avenue and identified as APN 694-120-028 to Palm Communities and the construction of a housing development on the Property and Additional Parcel that complies with Government Code Section 37364; and 3. Authorizing the staff and officers of the City to take such actions as they deem necessary or proper to effectuate the purposes of the Resolution. Moved by: Ke_/Nestande _ _ _7 Vote and Action: 5 Yes/0 No. MQtioniCarried " Minutes Page 7 MINUTES MARCH 24, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 16. REQUEST for feedback and direction on the consideration of a Council -initiated five ' district ballot measure for the 2022 ballot (CC) Ms. Joan Speer, Palm Desert resident, spoke in favor of five districts. Main Motion: Direct staff to take no further action on this item. -Moved by: Jonathan/Nestande _ _._._. _ ..—__ _...�_... __h Vote and Action: 1.2 Yes/3 No (Harnik;'Kelly, Quintanilla). Motionfailed. Main Motion: 1. Appoint Councilmember Kelly and Councilmember Nestande to an ad hoc subcommittee to work with staff related to a potential ballot measure on districting; and 2. Direct staff to solicit proposals for an educational campaign related to thUroposed ballot mesure for City Council consideration. Moved by: I Harnik/Kelly Vote and Action: _Yes/2 Nd;(Jonathan, Nestande). Motion Carried'. 17. AWARD Contract to American Asphalt South, Inc. of Riverside, California, for the 2021 Slurry Seal Project (Project No. 751-21) (Contract No. 42450) (CC) Main Motion: 1. Award Contract No. C42450 in the amount of $2,235,235 to ' American Asphalt South, Inc., of Riverside, California, for the 2021 Slurry Seal Project; 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $223,524; 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 Manaqer to execute the Aqreement. Moved by: Nestande/Kelly Vote and Action: 15 Yes/0-,No. Moti6rf.;Carri6d. 18. CONSIDERATION to require that a Specific Plan be prepared for the Palm Desert mall site. (CC) Main Motion: Require that a Specific Plan be prepared for the Palm Desert Mall located at 72840 Highway 111, Palm_ Desert. Moved by: I Jonathan/Kelly Vote and Action: 15 Ye00 No: Motion'Carried. . Minutes Page 8 MINUTES MARCH 24, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting ' PUBLIC HEARING 19. ORDINANCE No. 1378 to approve Zoning Ordinance Amendment 22-0001 to modify Palm Desert Municipal Code Section 25.34.060 regarding Time -Share Projects. (Continued from February 24, 2022) (CC) Staff requested this item be continued to the meeting of April 28, 2022. Mayor Harnik opened the public hearing. There were no public comments, and the hearing was continued. Main Motion: Continue Public Hearinq to the meeting of April 28, 2022. Moved by: Kelly/Jonathan ioYVoteandActnes/0 No. Motion Carried.i+ ADJOURNMENT With City Council, Successor Agency, and Housing Authority concurrence, Mayor Harnik adjourned the meeting at 5:50 p.m. JAN C. HARNIK MAYOR/CHAIR/CHAIR MAN ATTEST: NIAMH M. ORTEGA, DEAUTY CITY CLERK AND SECRETARY Palm Desert City Council Successor Agency to the Palm Desert Redevelopment Agency Housing Authority Minutes Page 9