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HomeMy WebLinkAbout2022-05-12CITY 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, May 12, 2022 I. CALL TO ORDER -3:00 P.M. The meeting was called to order at 3:00 p.m . Present: Councilmember/Director/Member Kathleen Kelly Mayor Pro TemNice ChairNice Chairman Sabby Jonathan 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 II. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None. Ill. ADJOURN TO CLOSED SESSION The meeting was adjourned to closed session at 3:01 p .m . IV. CLOSED SESSION ITEMS A. Closed Session Meeting Minutes: April 14, 2022 MINUTES City Cou ncil , Successo r Agency to the Palm Desert Redeve lopment Agency , and Housing Authority Meeting Thursday, May 12, 2022 B. Conference with Real Property Negotiator pursuant to Government Code Section 54956 .8 : 1) (C ity) Property : North Sphere Land Acquisition (Northeast corner of Portola Avenue/Dinah Shore) (APN 640 -120-025) City Negotiator: Todd Hileman/Eric Ceja Other Party Negotiator: N/A Property Owner: Palm Desert Un iversity Gateway 2) (C ity) Property : City of Palm Desert 10-acres (Palm Communities ENA/Gerald Ford) APN 694-120-028) C ity Negotiator: Todd Hileman/Martin Alvarez Other Party Negotiator: N/A Property Owner: City of Palm Desert 3) (City) Property : Northwest corner of Portola Avenue/Dina h Shore Drive (32 acres) (APNs 694-510-013 and 694-130-027) City Negotiator: Todd Hileman/Eric Ceja Other Party Negotiato r: N/A Property Owner: Freeway Lanes 4) (Successor Agency) Property: Northwest corner of Portola Avenue/Frank Sinatra Drive (170 acres) (APN 653-400-080) C ity Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Other Party Negotiator: N/A Property Owner: Successor Agency to the Palm Desert Redeve lopment Agency 5) (City) Property: Southwest corner of Portola Avenue/Frank Sinatra Drive (80 acres) (APN 620 -170-009) City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Other Party Negotiator: N/A Property Owner: Catavina Land 6) (City) Property : Southeast corner of Dick Kelly Drive/Gateway Drive (25 .5 acres) (APNs 694 -413-014 , 694-413-015 , and 694-413-017) City Negotiator: Todd Hileman/Martin Alvarez/Eric Cej a Other Party Negotiator: N/A Property Owner: Palm Springs Unified School District 2 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency , and Housing Authority Meeting 7) (City and Housing Authority) Thursday, May 12, 2022 Property: 42162 Verdin Lane (APN 624-440-004) City Negotiator: Todd HilemanNeronica Chavez Other Party Negotiator: N/A Property Owner: First American Title Co. C . Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956 .9(d)(2): 1) Potential cases : Two (2) V. RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MEETING -4:00 P.M. Mayor Harnik reconvened the meeting at 4 :15 p .m . A. Roll Call B. Pledge of Allegiance to the Flag -Councilmember Karina Quintanilla C. Inspiration/Invocation-Mayor Jan C . Harnik VI . REPORT ON ACTION FROM CLOSED SESSION City Attorney Hargreaves stated that direct ion was given ; no reportable action was taken. VII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. Presentation of Proclamation honoring National Public Works Week. VIII . CITY MANAGER COMMENTS Public Affairs Manager Thomas Soule shared information on various events in and around Palm Desert during the month of May 2022. IX. MA YOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Mayor Pro Tern Jonathan reported his attendance at various committee meetings . He reminded residents to consider volunteering for the City 's committees . Councilmember Quintanilla reported her attendance at various committee meetings . Mayor Harnik reported her attendance at the regional meeting of the Southern California Association of Governments and other various meetings . She also shared information on various bills that were under consideration. X. NON-AGENDA PUBLIC COMMENTS Mr. Carlos Garcia , Palm Desert resident , spoke relative to the blowing sand issue on Dinah Shore Drive near the Genesis development. 3 MINUTES City Council , Successor Agency to the Palm Desert Redevelopment Agency , and Housing Authority Meeting CONSENTCALENDAR Thursday, May 12, 2022 All matters listed on the Consent Calendar are considered to be routine and may be approved by one (1) motion . A Approve Minutes of the regular City Council , Successor Agency , and Housing Authority meeting of April 14 , 2022 . Rec .: Approve the April 14 , 2022 , Minutes as listed and as presented . B . Second reading and adoption of Ordinance No. 1378 to approve Zoning Ordinance Amendment 22-0001 to modify Palm Desert Municipal Code Section 25 .34.060 regarding Time-Share Projects . This item was removed and discussed under Consent Items Held Over. C . Second reading and adoption of Ordinance No . 1382 amending and updating various sections of the Palm Desert Municipal Code. Rec .: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1382 entitled , "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND UPDATING VARIOUS SECTIONS OF THE PALM DESERT MUNICIPAL CODE ." D. Adopt Resolution No . 2022-32 rescinding Resolution No. 2009-78 , and approving a revised Expense Reimbursement Policy for Local Meeting and Event Attendance by Elected/Appointed Officials and City Employees Policy . Rec .: By Minute Motion , waive further reading and adopt Resolution No . 2022- 32 rescinding Resolution No . 2009-78, and approving a revised Expense Reimbursement Policy for Local Meeting and Event Attendance by Elected/Appointed Officials and City Employees Policy. E. Adopt Resolution No. 2022 -33 to authorize the destruction of paper records that have been dig itally imaged from the Development Services Department Planning/Land Development Division), to rely on the electronic record as the official record . Rec.: Waive further reading and adopt. F. Award Contract No. C43090 to Desert Limnologists Inc, dba Southwest Aquatics , Inc ., for Lake and Water Features Preventative Maintenance Services . Rec .: By Minute Motion: 1. Award Contract No. C43090 to Desert Limnologists , Inc., dba Southwest Aquatics, Inc ., of Palm Desert , California for Lake and Water Features Preventative Maintenance Services in the annual amount of $61 ,728 ; 2 . Authorize extra repair work and services in an annual amount not to exceed $30 ,000 ; 3 . Authorize the City Manager or designee to review and approve written contract amendments and change order requests 4 MINUTES Thursday, May 12, 2022 C ity Counc il, Successor Agency to the Palm Desert Redevelopment Agency , and Housing Authority Mee t ing for unanticipated conditions per Section 3 .30.170 of the Palm Desert Municipal Code ; and 4 . Authorize the City Manager to execute said agreement. G. Award Contract No . C43100 to Mu lti W Systems , Inc. from El Monte , California for Irrigation Pump Preventative Maintenance in the annual amount of $43 ,000 (Project No . 920 -23). Rec.: By Minute Motion : 1. Award Contract No. C43100 to Multi W Systems , Inc., of El Monte , California , for Irrigation Pump Preventative Maintenance in the annual amoun t of $43 ,000 ; 2 . Autho rize extra repair work and services in an annual amount not to exceed $17 ,000 ; 3 . Authorize the C ity Manager or designee to review and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30 .170 of the Palm Desert Municipal Code ; and 4 . Authorize the City Manager to execute said agreement. H. Authorize City Manager to execute Contract No. C37960G with Presentation Products Inc , OBA Spinitar for audio v isual installation serv ices for the Council Chamber ADA remodel project (Project No . 765 -19). Rec .: By Minute Motion , authorize City Manager to execute Contract No . C37960G with Presentation Products Inc , OBA Spinitar for audio visual installation services for the Council Chamber ADA remodel project for $68 ,326 .09 . I. Approval of a Memorandum of Understanding (C43110) with Coachella Valley Association of Governments formalizing the City 's participation and annual $100 ,000 contribution to the CV Hous ing First Program ; and authorize payment for fiscal year 21/22 . Rec .: By Minute Mot ion : 1. Approve a Memorandum of Understanding No . C43110 with Coachella Valley Assoc iation of Governments for formalizing the City 's participation and annual $100 ,000 contribution to the CV Housing First Program through June 30 , 2024 ; 2. Authorize payment of $100 ,000 to Coachella Valley Association for Fiscal Year 2021/22 ; and 3 . Authorize the City Manager to execute any documents necessary to effectuate the actions taken herewith. J. Approval of an extension to Contract No. HA37273 w ith John Harrison Contracting , Inc . for HVAC Mechanical Systems Maintenance Services at the Palm Desert Housing Authority propert ies in a total annual amount not to exceed $175,000 (HA) Rec.: By Minute Motion , that the Hous ing Authority Board , Approve an extension to Contract No . HA37273 with John Harrison Contracting ("JHC ") for the HVAC Mechanical Systems Maintenance Services at the Palm Desert Housing Authority ("Authority") properties for a period of twelve (12) months in the total amount not to exceed $175 ,000 for contract services ; and Authorize the Chairman or Executive Director and his designee to take all necessary actions 5 MINUTES Thursday, May 12, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 3.30.160(L) and 3.30.160(E) of the Palm Desert Municipal Code, for FY 2022/2023 in an amount not to exceed $45,000; 3) Authorize the use of HD Supply Facilities Maintenance for the purchase of materials and supplies pursuant to Section 3.30.160(L) and 3.30.160(E) of the Palm Desert Municipal Code, for FY 2022/2023 in an amount not to exceed $210,000; and 4)Authorize the disposal and recycling of inefficient, damaged, obsolete and non-functioning appliances as appropriate in accordance with EPA standards and declare as surplus at the time of removal from the properties. P. Authorize the use of The Sherwin-Williams Company for Purchase of Paint and Paint Related Materials and Supplies for the Palm Desert Housing Authority Properties for FY 2022-2023 (HA). Rec.: By Minute Motion, that the Authority Board: 1. Authorize the use of The Sherwin-Williams Company, for the purchase of paint and paint related materials and supplies for the Palm Desert Housing Authority ("Authority") properties pursuant to Section 3.30.160(L) and 3.30.160(E) of the Palm Desert Municipal Code, for FY 2022/2023 in an annual amount not to exceed $75,000; and 2. Authorize the Chairman and/or the Executive Director to execute the Agreement and any documents necessary to effectuate the actions taken herewith. Q. Accept Contract No. C39260 with Elecnor Belco Electric of Chino, California, for the Traffic Signal Hardware Upgrades as complete and authorize the City Clerk to file the Notice of Completion (Project No. 569-20). Rec.: By Minute Motion: 1. Accept Contract No. C39260 with Elecnor Belco Electric of Chino, California, for the Traffic Signal Hardware Upgrades (Project No. 569-20) as complete, and 2. Authorize the City Clerk to file the Notice of Completion. R. Accept Contract No. C42170 with Commercial Waterproofing Systems, Inc. of Santa Ana, California, for the Desert Willow Golf Resort Maintenance Facility Roof Repairs as complete. Rec.: By Minute Motion: 1. Accept Contract No. C42170 with Commercial Waterproofing Systems, Inc. of Santa Ana, California, for the Desert Willow Golf Resort Maintenance Facility Roof Repairs as complete; and 2. Authorize the City Clerk to file the Notice of Completion. S. Accept off-site improvements, release the Faithful Performance and the Labor and Materials Bonds, and accept a Maintenance Bond for Millennium. Rec.: By Minute Motion:1. Accept off-site improvements; 2. Release the Faithful Performance Bond in the amount of$266,695.50 and Labor and Materials Bond in the amount of $133,330.25; and 3. Accept the Maintenance Bond in the amount of$26,669.95. 7 MINUTES Thursday, May 12, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting T. Accept off-site improvements, release the Faithful Performance and Labor and Materials Bonds, and accept a Maintenance Bond for Monterey Crossing. Rec.: By Minute Motion:1.Accept off-site improvements; 2. Release the Faithful Performance Bond in the amount of$219,684.73 and Labor and Materials Bond in the amount of $109,842.36; and 3. Accept the Maintenance Bond in the amount of $21,968.47. U. Authorize the City Manager to Execute a Grant of Easement to Southern California Edison for the Tamarisk Utility Undergrounding District. Rec.: By Minute Motion, authorize the City Manager to Execute a Grant of Easement to Southern California Edison (SCE) for the Tamarisk Utility Undergrounding District. V. Receive and file informational update on the 1992 Self Help Housing Program (Joint Consideration with Housing Authority). Rec.: By Minute Motion, receive and file the informational update on the 1992 Self Help Housing Program. Main Motion: Approve all items on Consent Calendar, excluding Item B which was discussed separately. Moved by: Quintanilla/Kelly Vote and Action: 5 Yes/0 No. Motion Carried CONSENT ITEMS HELD OVER B. Second reading and adoption of Ordinance No. 1378 to approve Zoning Ordinance Amendment 22-0001 to modify Palm Desert Municipal Code Section 25.34.060 regarding Time-Share Projects. Rec.: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1378 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE, CHAPTER 25, MODIFYING SECTION 25.34.60 REGARDING TIME-SHARE PROJECTS, CASE NO. ZOA 22-0001." Councilmember Nestande recused herself from this item citing a conflict. Mr. Ron Maker (206-234-7244) spoke re Consent item B timeshare ordinance. Ms. Suzanne Thompson spoke in objection to the adoption of the ordinance. Mr. Daniel Manson spoke in objection to the adoption of the ordinance. Mr. David Durham spoke in objection to the adoption of the ordinance. Mr. Ashton Cooper spoke in objection to the adoption of the ordinance. Ms. Brandi Pratt spoke in objection to the adoption of the ordinance. 8 MINUTES Thursday, May 12, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Ms. Amber Haaland spoke in objection to the adoption of the ordinance. Mr. Jeffrey Williams spoke in objection to the adoption of the ordinance. Ms. Jill [last name unclear] spoke in objection to the adoption of the ordinance. Mr. Brandon Brocha spoke in objection to the adoption of the ordinance. Ms. Jessica Blanchard spoke in objection to the adoption of the ordinance. Main Motion: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1378 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE, CHAPTER 25, MODIFYING SECTION 25.34.60 REGARDING TIME-SHARE PROJECTS, CASE NO. ZOA 22-0001." Moved by: Kelly/Quintanilla Vote and Action: 3 Yes/1 No (Jonathan)/1 Recuse (Nestande). Motion Carried XII. ACTION CALENDAR A. Approve the initiation of proceedings to form the President's Plaza Property and Business and Improvement District, and to levy and collect assessments therein; the Management District Plan and, preliminarily, the Engineer's Report; and an assessment ballot proceeding so that qualified property owners within the district may vote on the levying of district assessments. Main Motion: Waive further reading and adopt:1. Resolution No. 2022-34, initiating proceedings for the formation of the President's Plaza Property and Business Improvement District, and the levy and collection of assessments, pursuant to the provisions of part 7 of division 18 of the California Streets and Highways Code, for Fiscal Year 2022-23;2. Resolution No. 2022-35, describing proposed improvements and services, approving the Management District Plan, and preliminarily approving the Engineer's Report, regarding the proposed formation/re-establishment of the President's Plaza Property and Business Improvement District, pursuant to the provisions of part 7 of division 18 of the California Streets and Highways Code, for Fiscal Year 2022-23; and3. Resolution No. 2022-36, declaring the City's intention to form the President's Plaza Property and Business Improvement District, to levy and collect assessments therein, and calling for an assessment ballot proceeding to submit to the qualified property owners within that district the question of levying district assessments, commencing Fiscal Year 2022-23. Moved by: Kelly/Nestande Vote and Action: 5 Yes/0 No. Motion Carried 9 MINUTES Thursday, May 12, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting B. Approve the start of proceedings to levy and collect annual assessments and grant preliminary approval of the 2022/23 Engineer's Report for Consolidated Palm Desert Landscaping & Lighting Maintenance District No. 1. Main Motion: Waive further reading and adopt: 1. Resolution No. 2022-37 to initiate proceedings for the levy and collection of annual assessments for Consolidated Palm Desert Landscaping & Lighting Maintenance District No. 1 for fiscal year 2022/2023; and, 2. Resolution No.2022-38 to declare the intent to levy and collect annual assessments granting preliminary approval of the 2022/2023 Engineer's Report for Consolidated Palm Desert Landscaping & Lighting Maintenance District No. 1. Moved by: Kelly/Nestande 1 Vote and Action: 5 Yes/0 No. Motion Carried C. Approve the start of proceedings to levy the annual assessment of City of Palm Desert Benefit Assessment District No. 1 for Fiscal Year 2022/2023. Main Motion: Rec.: Waive further reading and adopt: 1. Resolution No. 2022-39 to initiate proceedings for the levy and collection of assessments for City of Palm Desert Benefit Assessment District No. 1 for Fiscal Year 2022/2023; and 2. Resolution No. 2022-40 to declare its intention to levy the annual assessment for City of Palm Desert Benefit Assessment District No. 1 for Fiscal Year 2022/2023, pursuant to the Benefit Assessment Act of 1982 and appointing a time and place for the public hearing on these matters. Moved by: Nestande/Quintanilla Vote and Action: 5 Yes/0 No. Motion Carried D. Request for Feedback and Direction Regarding a Potential Ballot Measure Related to City Council Districts. Mr. Kim Floyd spoke in opposition to the proposed language of the potential ballot measure. Mr. Carlos Garcia spoke in opposition to the proposed language of the potential ballot measure. Ms. Joan Speer spoke in opposition to the proposed language of the potential ballot measure. Mr. Peter Green spoke in opposition to the proposed language of the potential ballot measure. Mr. Charles Ara spoke in opposition to the proposed language of the potential ballot measure. 10 MINUTES Thursday, May 12, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting The Council provided direction to staff to proceed with an advisory ballot measure, and to work with the Ad Hoc Subcommittee members Kelly and Nestande to review the ballot question and agreed-upon modification to the question in response to public comment to improve clarity and to rephrase the question in the affirmative. E. Request for direction on sponsorship of mural installation at the McCallum Theatre. Main Motion: Authorize staff to move forward and incorporate as much of Council comments provided as possible with the project. Moved by: Kelly/Nestande Vote and Action: 5 Yes/0 No. Motion Carried F. Request for direction regarding several updates to Palm Desert Municipal Code. Main Motion: Direct staff to draft code updates as presented herein. Moved by: Kelly/Quintanilla Vote and Action: 5 Yes/0 No. Motion Carried G. Consideration of fee waiver of facility use fees for the use of Civic Center Park for the 2022 Ride of Silence event. Staff requested that this item be pulled from the agenda as the event has relocated to Palm Springs. No action was taken. XIII. PUBLIC HEARINGS A. Approval of a Zoning Ordinance Amendment to modify Palm Desert Municipal Code Chapter 25.10(Residential Districts)and Chapter 25.68(Decisions by the Architectural Review Commission) (1st reading). Staff provided a report. Mayor Harnik opened the public hearing, and with no requests to speak, closed the public hearing. Main Motion: Waive further reading and pass to second reading a City Council Ordinance No. 1383 approving Zoning Ordinance Amendment 22-0003 to Chapter 25.10 (Residential Districts and Chapter 25.68 (Decisions by the Architectural Review Commission). Moved by: Jonathan/Kelly Vote and Action: 5 Yes/0 No. Motion Carried 11 MINUTES Thursday, May 12, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting B. Approval of a Zoning Ordinance Amendment to modify Palm Desert Municipal Code Chapter 25 (Zoning) relating to land uses (1st reading). Staff provided a report. Mayor Harnik opened the public hearing, and with no requests to speak, closed the public hearing. Main Motion: Rec.: Waive further reading and pass to second reading a City Council Ordinance No. 1384 approving Zoning Ordinance Amendment 22-0004 to modify Palm Desert Municipal Code Chapter 25 (Zoning). Moved by: Kelly/Jonathan Vote and Action: 5 Yes/0 No. Motion Carried XIV. INFORMATION ITEMS None. XV. ADJOURNMENT With City Council, Successor Agency, and Housing Authority concurrence, Mayor Harnik adjourned the meeting at 6:52 p.m. J C. HARNIK MAYOR/CHAIR/CHAIRMAN ATTEST: NIA H M. ORTEGA CITY CLERK AND ASSISTANTS ARY Palm Desert City Council Successor Agency to the Palm Desert Redevelopment Agency Housing Authority 12