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Home My WebLink About2022-09-29 d • Thursday, September 29, 2022 Minutes of the Regular Meeting of the Palm Desert City Council (CC), Successor Agency to the Palm Desert Redevelopment Agency (SARDA), and Housing Authority(HA) Pursuant to Assembly Bill 361, this meeting was conducted by teleconference and there was no in-person public access to the meeting location. CALL TO ORDER: A Regular Meeting of the Palm Desert City Council was called to order by Mayor Harnik on Thursday, September 29, 2022, at 3:05 p.m. ROLL CALL: Present: Councilmembers Kathleen Kelly, Gina Nestande, Karina Quintanilla; Mayor Pro Tern Sabby Jonathan; and Mayor Jan Harnik Absent: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Jonathan led the Pledge of Allegiance. INSPIRATION/INVOCATION: Mayor Harnik offered words of inspiration. • REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of September 29, 2022, was called to order by Mayor Harnik at 3:05 p.m., with all members present. The meeting convened in Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda: A. CLOSED SESSION MEETING MINUTES: September 15, 2022 B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8: 1. Property Description: Desert Willow Lot Pad B, Desert Willow Drive, south of Desert Willow Clubhouse (APN 620-400-008, 023) Agency: City of Palm Desert City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Negotiating Parties: Desert Wave Ventures, LLC Under Negotiation: Price and Terms CC, SARDA, & HA Meeting Minutes eptember 29, 2022 2. Property Description: 45653 Portola Avenue (APN 627-351-010) Agency: City of Palm Desert City Negotiator: Todd Hileman/Eric Ceja/Jessica Gonzales Negotiating Parties: To Be Determined Under Negotiation: Price and Terms C. CONFERENCE WITH LEGAL COUNSEL — MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Two (2) matters that, under the existing circumstances, the City Attorn-y believes creates significant exposure to litigation. City Attorney Hargreaves reported that relative to Closed Session Item B the City Council authorized an extension of the Purchase & Sale Agreement with Desert W-ve Ventures, LLC, through December 31, 2022, by a vote of 4-1, with Councilmember Quintanill- voting no. Relative to Closed Session B2, City Attorney Hargreaves noted that Mayor Har ik recused herself from the discussion due to a conflict of interest regarding the proximity of the .ubject property to her residence. PRESENTATIONS: A. FIRE PREVENTION AND MINI-MUSTER MONTH PROCLAMATION Mike Lewis, a volunteer with the Mini-Muster, thanked the City Council for its support and received praise for the program from the City Council. B. REGIONAL YMCA CONCEPT PRESENTATION Brian Rigby, GRO Director of Design, narrated a presentation and responded to Council inquiries regarding a planned regional YMCA project for the North Sphere Regional Park. Paula Simonds, CEO of Family YMCA of the Desert, addressed the City Council and responded to additional inquiries. Dorian Whitney, a Cathedral City resident, expressed concern about he lack of public transit in the area of the proposed project. CITY MANAGER'S COMMENTS: A. CITY OF PALM DESERT'S 50TH ANNIVERSARY UPDATE— PUBLIC FFAIRS Public Affairs Manager Soule provided an update of various upcomin events that will incorporate the 50th Anniversary including the planting of 50 trees at the ivic Center Park in honor of Arbor Day and the annual Art & Essay Contest with the th me, "50 Years of Palm Desert— Looking Back." He also shared additional unrelated eve is taking place in and around Palm Desert. City of Palm Desert Page 2 CC, SARDA, & HA Meeting Minutes September.29, 2022 MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: Councilmember Quintanilla reported on her attendance at various meetings and provided information on services provided to non-profit businesses by the Regional Access Project Foundation. Mayor Pro Tern Jonathan reported on the activities of the Coachella Valley Association of Governments' Homelessness Committee; requested staff agendize a review of options residents currently have for choosing carbon-free electrical power, to include a presentation by Desert Community Energy (DCE) providing updated information and historical data, and a discussion and recommendations about how to proceed. The request was supported by Councilmember Quintanilla. 0 Councilmember Kelly requested staff agendize a preliminary discussion regarding whether to proceed with the agenda item related to carbon-free electrical power and DCE. The request was supported by Mayor Harnik. During the course of discussion, the City Council sought clarification from the City Attorney and City Clerk related to the procedures for agendizing an item and related parliamentary procedures. City Clerk Note: On September 30, 2022, Mayor Pro Tem Jonathan submitted in writing his withdrawal of the agenda item related to carbon-free electrical power and DCE. On October 3, 2022, Councilmember Kelly withdrew her request for a preliminary discussion on.thesame topic. Councilmember Kelly reported Sunline Transit Agency's will expand its on-demand ride services to the north sphere area; commended the Palm Desert Area Chamber of Commerce for its annual Business.Awards dinner, noting that Information Technology Manager Von Helf was selected as Employee of the Year. Mayor Harnik reported on the FIND Food Bank fundraiser; noted the in-person City Council meetings will resume starting October 27, 2022; urged the public to log on to the Riverside County Transportation Commission's website and sign up to show support for the Coachella Valley Rail Project. - NON-AGENDA PUBLIC COMMENTS: Dorian Whitney, a Cathedral City resident, spoke on traffic and pedestrian safety and requested Highway 111 and other three-lane roads be reduced from three lanes to two lanes. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to approve the consent calendar with the exclusion of Items 1A and 1 E, noting Mayor Harnik's abstention on Item 1 C(2). A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES This item was excluded from the Consent Calendar. Please refer to page 5 of these minutes for a summary of that action. City of Palm Desert Page 3 CC SARDA & HA Meetin• Minutes 'e•tember 29 2022 B. APPROVAL OF WARRANTS MOTION BY COUNCILMEMBER NESTANDE, SECOND BY •OUNCILMEMBER KELLY, CARRIED 5-0, to approve the warrants issued for the period of September 6 through September 16, 2022. C. APPLICATIONS FOR AN ALCOHOLIC BEVERAGE LICENSE FOR 1. CCRC SOCIAL CLUB LLC DBA SEGOVIA OF PALM DESERT, c 9905 VIA SCENA MOTION BY COUNCILMEMBER NESTANDE, SECOND BY •OUNCILMEMBER KELLY, CARRIED 5-0, to receive and file the Alcoholic Beverage icense application for CCRC Social Club. • 2. SOTTOVOCE GROUP LIMITED LIABILITY COMPANY, 73545 EL ASEO, STE 1320 MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER KELLY, CARRIED 4-0-1 (HARNIK ABSTAINING), to receive and file the Alcoholic Beverage License application for Sottovoce Group Limited Liability Company. D. APPROVE AMENDMENT NO. 1° AND AMENDMENT NO. 2 TO CONTRACT NO. C39600 FOR THE SOLID WASTE, RECYCLING, AND ORGANI I S CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF PALM DES RT AND HF&H CONSULTANTS, LLC MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to: 1. Approve Amendment No. 1 to Contract No. C39600 with HF&H C•nsultants, LLC, to increase compensation by $15,000 for the current three-year co tract to a not to exceed amount of$338,000. 2. Approve Amendment No. 2 to Contract No. C39600 with HF&H C•nsultants, LLC, to extend the contract for a one-year term effective January 1, 2023, or an amount not to exceed $85,000. 3. Authorize the City Manager to execute said amendments and any other documents necessary to effectuate the contract. E. APPROVE THE PURCHASE OF ANZA-BORREGO BY ARTIST CHRI%TOPHER PUZIO FROM THE 2021/2022 EL PASEO SCULPTURE EXHIBITION IN T E AMOUNT OF $25,000 (CONTRACT NO. C44160) This item was excluded from the Consent Calendar. Please refer to page 5 of these minutes for a summary of that action. F. APPROVE THE HOMELESSNESS TASKFORCE BYLAWS MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to approve the revised Homelessness Taskforc- Bylaws. City of Palm Desert Page 4 CC, SARDA, & HA Meeting Minutes September 29, 2022 G. APPROVAL OF PURCHASE OF ADDITIONAL DATA STORAGE SERVER NODE MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to authorize City Manager to purchase a VxRail Node addition from [RE]Design Group for $85,785.28. H. AWARD CONTRACT NO. C44170 TO GREAT WESTERN INSTALLATIONS, INC., OF LOGAN, UTAH FOR THE PARK PLAYGROUND IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $90,000 PER FISCAL YEAR (PROJECT NO. 941-23) MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to: 1. Award a 57-month contract to Great Western Installations, Inc., of Logan, Utah, for the Park Playground Improvements Project for an amount not to exceed$90,000 per fiscal year. 2. Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code, and up to three (3) one-year contract extensions based on a staff recommendation. 3. Authorize the City Manager to execute the agreement. I. AWARD CONTRACT NO. C44180 TO COURTMASTER SPORTS, INC., OF NORTH PALM SPRINGS, CALIFORNIA, FOR THE SPORT COURTS RESURFACING PROJECT FOR AN AMOUNT NOT TO EXCEED $75,000 PER FISCAL YEAR (PROJECT NO. 946-23) MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNC,ILMEMBER KELLY, CARRIED 5-0, to: 1. Award a 57-month contract for the Sport Courts Resurfacing Project to Courtmaster Sports, Inc., of North Palm Springs, California, for an amount not to exceed $75,000 per fiscal year. 2. Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code; and up to three, one-year contract extensions based on staffs recommendation. 3. Authorize the City Manager to execute the agreement. EXCLUDED CONSENT CALENDAR: A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER JONATHAN, CARRIED 5-0, to approve the minutes of August 25 and September 15, 2022, with an amendment to the September 15, 2022, discussion under Item 2B related • to the City Council seeking clarification from the City Attorney and City Clerk related to procedures for requesting an agenda item. City of Palm Desert Page 5 CC SARDA & HA Meetin• Minutes Se•tember 29 2022 E. APPROVE THE PURCHASE OF ANZA-BORREGO BY ARTIST CH ISTOPHER PUZIO FROM THE 2021/2022 EL PASEO SCULPTURE EXHIBITION IN HE AMOUNT OF $25,000 (CONTRACT NO. C44160) MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY •OUNCILMEMBER QUINTANILLA, FAILED 2-3 (WITH COUNCILMEMBERS KELLY AN•i NESTANDE AND MAYOR HARNIK VOTING NO), to: 1. Approve the purchase of Anza-Borrego by artist Christophe Puzio from the 2021/2022 El Paseo Sculpture Exhibition in the amount of$25,000, exclusive of taxes, for inclusion in Palm Desert's permanent public art collection, an• store the artwork until a suitable location is determined. 2. Issue a Request for Proposals for the roundabout at San Pablo Av=nue and Magnesia Falls Drive. MOTION BY COUNCILMEMBER KELLY, SECOND BY C•UNCILMEMBER NESTANDE, CARRIED 3-2 (WITH MAYOR PRO TEM J•NATHAN AND COUNCILMEMBER QUINTANILLA VOTING NO), to: 1. Approve the purchase of Anza-Borrego by artist Christopher Puzio om the 2021/2022 El Paseo Sculpture Exhibition in the amount of $25,000, excl sive of taxes, for inclusion in Palm Desert's permanent public art collection. 2. Authorize the City Manager to execute subject contract. 2. ACTION CALENDAR: A. INTRODUCE ORDINANCE NO. 1386 AMENDING TITLE 2 (ADMI ISTRATION AND PERSONNEL) OF THE PALM DESERT MUNICIPAL CODE ADDIN CHAPTER 2.22 ESTABLISHING THE ARCHITECTURAL REVIEW COMMISSION Planning Manager Lua narrated a PowerPoint presentation and respon•ed to City Council inquiries. MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to waive further reading and pass to second r-ading Ordinance No. 1386 amending Title 2 (Administration and Personnel) of the Palm Desert Municipal Code adding Chapter 2.22 establishing the Architectural Review Corn ission. B. ORDINANCE NO. 1387 AMENDING ORDINANCE NOS. 1374 § 1 AND 1258 § 1, REVISING CHAPTER 24.04.060(INVASIVE PLANT SPECIES)OF TH PALM DESERT MUNICIPAL CODE RELATING TO PROHIBITED LANDSCAPE ATERIALS FOR DEVELOPMENT DESIGN AND INSTALLATION Community Services Manager Chavez presented the staff report and -sponded to City Council inquiries. MOTION BY COUNCILMEMBER KELLY, SECOND BY C•UNCILMEMBER NESTANDE, CARRIED 5-0, to waive further reading and pass to second reading Ordinance No. 1387 revising Chapter 24.04.060 (Invasive Plant Species) of the Palm Desert Municipal Code. City of Palm Desert Page 6 CC, SARDA, & HA Meeting Minutes September 29, 2022 C. AWARD CONTRACT NO. C4190 TO INTERWEST CONSULTING GROUP, INC., OF PERRIS, CALIFORNIA, FOR DESIGN AND ENGINEERING SERVICES OF LUPINE PLAZA IN THE AMOUNT OF $562,135 (PROJECT NO. 810-22) Economic Development Director Ceja and Public Works Deputy Director Bowman narrated a PowerPoint presentation and responded to City Council inquiries. Monica Mcllroy, a Palm Desert resident, voiced her opposition to the Lupine Plaza project. Cathy Green, Palm Desert business representative, voiced her opposition to the project and suggested spending the funds elsewhere. Paul Goodman, Palm Desert business representative, voiced his opposition to the project. Samuel Heaton, CODA Gallery director, voiced his opposition to the closure of Lupine Lane. During the course of discussion, the City Council discussed whether staff should evaluate design alternative for the street closure as noted in the staff report. Following discussion, MOTION BY COUNCILMEMBER JONATHAN, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 3-2 (WITH COUNCILMEMBER KELLY AND MAYOR HARNIK VOTING NO), to: 1. Award a Contract to Interwest Consulting Group, Inc., of Perris, California, for design and engineering services of Lupine Plaza in the amount of $562,135 limiting the contract to Design No. 1, with direction to explore value engineering alternatives and the feasibility of a public restroom. 2. Authorize the City Manager or designee to review and approve written contract amendment requests per Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. D. AWARD CONTRACT NO. C44200TO HERMANN DESIGN GROUP OF PALM DESERT, CALIFORNIA, FOR DESIGN SERVICES OF GREENS/TEE BOX RENOVATION AND TURF REDUCTION AT DESERT WILLOW GOLF RESORT IN THE AMOUNT OF $305,100 (PROJECT NO. 854-21) Project Manager Nickerson presented the staff report and responded to City Council inquiries. MOTION BY COUNCILMEMBER KELLY, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Award a Contract to Hermann Design Group of Palm Desert, California, for design services of Greens/Tee Box Renovations and Turf Reduction at Desert Willow Golf Resort in the amount of$305,100. 2. Authorize the City Manager or designee to review and approve written contract amendment requests per Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. City of Palm Desert Page 7 CC, SARDA, & HA Meeting Minutes September 29, 2022 3. PUBLIC HEARINGS: A. RESOLUTION NO. 2022-80: APPROVE AN AMENDMENT TO GENERAL PLAN AMENDMENT 21-0002 (GPA 21-0002) FOR READOPTION OF THE CITY'S 6TH CYCLE HOUSING ELEMENT (2021-2029) IN ACCORDANCE WITH THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) GUIDELINES Housing Manager Gonzales and Planning Manager Lua narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Harnik opened and closed the public hearing, there being no one desiring to speak. MOTION BY COUNCILMEMBER KELLY, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to adopt Resolution No. 2022-80 approving General Plan Amendment (GPA 21-0002), readopting the City's 6th Cycle Housing Element of the General Plan in accordance with the California Department of Housing and Community Development (HCD) guidelines. B. RESOLUTION NO. 2022-81: APPROVE A PROPOSED PLAN FOR BOND ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE VITALIA APARTMENT PROJECT LOCATED ON THE SOUTH SIDE OF GERALD FORD DRIVE, EAST OF THE PALM DESERT SHERIFF STATION, IDENTIFIED AS THE APPROXIMATE +/-11.94 ACRE PORTION OF APN 694-310-006 Housing Manager Gonzales presented the staff report and responded to City Council inquiries. Mayor Harnik opened and closed the public hearing, there being no one desiring to speak. MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to: 1. Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act ("TEFRA") and the Internal Revenue Code of 1986, as amended (the "Code") in connection with the proposed issuance in one or more series of revenue bonds by the California Municipal Finance Authority (the "CMFA"), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $62,000,000 (the "Bonds"), to finance the acquisition, construction, improvement and equipping of the 269-unit Vitalia Apartments, a multifamily rental housing project located at the south side of Gerald Ford Drive, west of Portola Road (a portion of APN 694-310-006), Palm Desert, California (the "Project") and receive public comments. 2. Adopt Resolution No. 2022-81 approving the issuance of the Bonds by CMFA for the benefit of Palm Desert Pacific Associates, a California Limited Partnership (the "Borrower") a partnership of which Pacific West Communities, Inc. (the "Developer") or a related person to the Developer is the general partner, to provide for the financing of the Project. Such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and California Government Code Sections 6500 et seq. City of Palm Desert Page 8 CC, SARDA, & HA Meeting Minutes September 29, 2022 C. RESOLUTION NO. 2022-82: APPROVE A PROPOSED PLAN FOR BOND ISSUANCE III BY THE CALIFORNIA STATEWIDE COMMUNITIES' DEVELOPMENT AUTHORITY FOR THE GERALD FORD APARTMENT PROJECT LOCATED AT 75580 GERALD FORD DRIVE, PALM DESERT Housing Manager Gonzales presented the staff report and responded to City Council inquiries. Mayor Harnik opened and closed the public hearing, there being no one desiring to speak. MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to: 1. Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act ("TEFRA") and the Internal Revenue Code of 1986, as amended (the "Code") in connection with the proposed issuance in one or more series of revenue bonds by the California Statewide Communities Development Authority ("CSCDA"), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed Fifty-Five Million Dollars $55,000,000 (the "Bonds"), to finance the acquisition, construction and development of the 150-unit Gerald Ford Apartments, a multifamily rental housing project located at located at 75580 Gerald Ford Drive, Palm Desert, California (the "Project") and receive public comments. 2. Adopt Resolution No. 2022-82 approving the issuance of the Bonds by CSCDA for the benefit of Gerald Ford Apartments, LP, a California Limited Partnership (the "Borrower") a partnership of which Western National Group (the "Developer") or a related person to the Developer is the general partner, to provide for the financing of the Project. Such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and California Government Code Sections 6500 et seq. - INFORMATION ITEMS: None. ADJOURNMENT: The City Council adjourned at 7:24 p.m. Respectfully submitted, \ -Z9,----- Niamh M. Ortega Deputy City Clerk/Assistant Secretary AVM&iT: ^ % a-7'= ^Amoy meiT5• 2022..7.+V DT1-/ .- �Ai� y" �feira c IMC City'Clerk/Secreta y - PPROV A ED=BY/CITY COUNCIL: 1°/13/2022 ,� �•_— _ Cityiof;Palm Desert Page 9