HomeMy WebLinkAbout2022-10-13Thursday, October 13, 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, October 13, 2022, at 3:00 p.m.
ROLL CALL:
Present: Councilmembers Kathleen Kelly, Gina Nestande; Mayor Pro Tem Sabby
Jonathan; and Mayor Jan Harnik
Absent: Councilmember Karina Quintanilla.
PLEDGE OF ALLEGIANCE:
Councilmember Nestande led the Pledge of Allegiance.
INSPIRATION/INVOCATION:
Councilmember Kelly offered words of inspiration.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of October 13, 2022, was called to order
by Mayor Harnik at 3:01 p.m., with all members present except Councilmember
Quintanilla.
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 29, 2022
B. 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 Attorney believes
creates significant exposure to litigation.
CC. SARDA. & HA Meeting Minutes October 13, 2022
City Attorney Hargreaves reported that the City Council received briefings and provided
direction to staff regarding the agendized Closed Session Items, but it did not take any
reportable actions.
PRESENTATIONS:
A. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION UPDATE
Kevin Wiseman, the City of Palm Desert's appointee to the Palm Springs
International Airport Commission, provided a report on the airport's operations and
outlook.
B. ROSEMARY "ROSIE" CASALS DAY PROCLAMATION
Mayor Harnik noted that this item would be presented at a future meeting.
CITY MANAGER'S COMMENTS:
A. CITY OF PALM DESERT'S 50TH ANNIVERSARY UPDATE — PUBLIC AFFAIRS
Public Affairs Manager Soule presented the City of Palm Desert's 50'h Anniversary
logo and highlighted upcoming celebratory events.
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION:
Mayor Harnik reported the completion of the Coachella Valley Economic Partnership
Strategic Plan and spoke on the success of the `Paint El Paseo Pink" event.
NON -AGENDA PUBLIC COMMENTS:
Eevet Edens, Desert Cancer Foundation representative, provided an overview of the
"Paint El Paseo Pink" event and thanked the City Council for its continued support.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER
KELLY, CARRIED 4-0, to approve the consent calendar, with the removal of Item
Nos. 1 E, 1 G, and 11 for separate discussion.
A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER
KELLY, CARRIED 4-0, to approve the Minutes of September 29, 2022.
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CC, SARDA, & HA Meeting Minutes October 13, 2022
B. APPROVE FINDINGS RELATIVE TO AB361 - REMOTE TELECONFERENCING
MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER
KELLY, CARRIED 4-0, to find that 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 that the City may continue
to employ remote teleconferencing.
C. ADOPT ORDINANCE NO. 1386 AMENDING TITLE 2 (ADMINISTRATION AND
PERSONNEL) OF THE PALM DESERT MUNICIPAL CODE ADDING
CHAPTER 2.22 ESTABLISHING THE ARCHITECTURAL REVIEW
COMMISSION (2nd reading)
MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER
KELLY, CARRIED 4-0, to waive further reading and adopt Ordinance No. 1386.
D. ADOPT ORDINANCE NO. 1387 AMENDING ORDINANCE NOS. 1374§1 AND
1258§1 AND REVISING CHAPTER 24.04.060 (INVASIVE PLANT SPECIES) OF
THE PALM DESERT MUNICIPAL CODE RELATING TO PROHIBITED
LANDSCAPE MATERIALS FOR DEVELOPMENT DESIGN AND
INSTALLATION (2nd reading)
MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER
KELLY, CARRIED 4-0, to waive further reading and adopt Ordinance No. 1387.
E. APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C41690 WITH HR GREEN
PACIFIC, INC., EXTENDING THE TERM FOR AN ADDITIONAL YEAR IN AN
ANNUAL AMOUNT NOT TO EXCEED $590,000
This item was excluded from the Consent Calendar. Please refer to page 4 of these
minutes for a summary of that action.
F. ADOPT RESOLUTION NO. 2022-83 APPROVING FINAL PARCEL MAP NO.
37848
MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER
KELLY, CARRIED 4-0, to adopt Resolution No. 2022-83 approving Final Parcel
Map No. 37848.
G. APPOINTMENT OF CITY COUNCIL LIAISON TO THE CIVIC ENGAGEMENT
COMMITTEE
This item was excluded from the Consent Calendar. Please refer to page 4 of these
minutes for a summary of that action.
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CC. SARDA. & HA Meeting Minutes October 13, 2022
H. APPOINTMENT OF CITY COUNCIL MEMBER TO THE BOARD OF
DIRECTORS FOR PRIORITY ONE COACHELLA VALLEY
MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER
KELLY, CARRIED 4-0, to ratify the appointment of Councilmember Kelly to serve
on the Board of Directors for Priority One Coachella Valley.
I. RECEIVE AND FILE AN INFORMATIONAL ITEM RELATED TO WIND
FENCING AROUND VACANT PARCELS
This item was excluded from the Consent Calendar. Please refer to page 4 of these
minutes for a summary of that action.
EXCLUDED CONSENT CALENDAR:
E. APPROVE AMENDMENT NO.2 TO CONTRACT NO. C41690 WITH HR GREEN
PACIFIC, INC., EXTENDING THE TERM FOR AN ADDITIONAL YEAR IN AN
ANNUAL AMOUNT NOT TO EXCEED $590,000
Economic Development Director Ceja provided a report and responded to City
Council inquiries.
MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY MAYOR HARNIK,
CARRIED 4-0, to:
1. Approve Amendment No. 2 to Contract No. C41690 with HR Green extending
the contract for an additional year in an annual amount not to exceed $590,000.
2. Authorize the City Manager to execute all documents to effectuate the intent
of the agreement.
Clerk Note: The staff report for Item No. 1 E in inadvertently identified the approval
of Amendment No. 1 to Contract No. C41690. However, this item approved
Amendment No. 2 to the subject contract, and the City Clerk has administratively
corrected the document.
G. APPOINTMENT OF CITY COUNCIL LIAISON TO THE CIVIC ENGAGEMENT
COMMITTEE
Following discussion, the City Council requested that staff schedule the inaugural
meeting of the Civic Engagement Committee afterthe November8, 2022, election.
MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY MAYOR HARNIK,
CARRIED 4-0, to ratify the appointment of Councilmember Kelly to serve as the
City Council liaison to the Civic Engagement Committee.
City of Palm Desert Page 4
CC. SARDA. 6 He Mastro Minutes October 13, 2022
I. RECEIVE AND FILE AN INFORMATIONAL REM RELATED TO WIND
FENCING AROUND VACANT PARCELS
Public Works Deputy Director Ramirez and Project Manager Gayler narrated a
PowerPoint presentation and responded to City Council inquiries.
MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY MAYOR HARNIK,
CARRIED 4-0, to:
1. Receive and file an informational item related to wind fencing around vacant
Parcels.
2. Direct staff to prepare a resolution establishing a wind fence policy.
2. ACTION CALENDAR:
A. JOINT CONSIDERATION FOR APPROVAL OF ACTIONS RELATED TO THE
CONVEYANCE OF THE PARCELS IDENTIFIED AS APN 694-120-028 AND A
PORTION OF APN 694-120.029, AND APPROVING LOANS IN THE
AGGREGATE AMOUNT OF $6,755,000 FROM THE HOUSING AUTHORITY'S
LOW AND MODERATE INCOME HOUSING ASSET FUND FOR THE
CONSTRUCTION OF 239 AFFORDABLE HOUSING UNITS AND 2
MANAGER'S UNITS PURSUANT TO A DISPOSITION, DEVELOPMENT AND
LOAN AGREEMENT (Joint item -Housing Authority Board)
Housing Manager Gonzales narated a PowerPoint presentation and responded
to City Council inquiries.
MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER
KELLY, CARRIED 4-0, to waive further reading and adoptjointly a City Resolution
No. 2022-84 and Housing Authority Resolution No. HA-110 to:
1. Approve the conveyance by the City of Palm Desert of a 10-acre parcel
idenfified as APN 694-120-028 and a 0.49-acre parcel identified as a portion
of APN 691 (Property) in two parts and approving loans in the amount
of $6,000,000, and $755,000 from Me Housing Authority's Low and Moderate
Income Housing Asset Fund to Palm Communities pursuant to a Disposition,
Development and Loan Agreement (DDLA), substantially as to form and its
exhibits, for the purchase of the Property and construction of 239 affordable
housing units and Iwo manager units in two phases.
2. Authorize the Director of Finance to appropriate $6,755,000 from Unobllgated
Housing Fund balance to the appropriate budget line item.
3. Authorize City/Authority,Mayor/Chairman, staff, and legal counsel to execute and
record agreements and documents as described in the DDLA, or which are
otherwise deemed necessary or proper to effectuate the City Council and
Authorty resolutions, including the conveyance of the Property, the Authority's
funding commitment, and related actions for the project as set forth in the DDLA.
4. Authorize Palm Communities to submit an application, including the COLA, to
Me California Debt Allocation Committee for an allocation of four percent (4%)
tax-exempt bonds, Tax Credit Allocation Committee for an allocation of Federal
tax credits and for an allocation of State tax credits, and Riverside County
Housing Authority for an allocation of project -based vouchers.
City of Palm Desert Page 5
CC. SARDA. & HA Meeting Minutes October 13, 2022
3. PUBLIC HEARINGS:
A. ADOPT RESOLUTION NO. 2022-85 UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVE A PRECISE PLAN,
TENTATIVE PARCEL MAP, AND ENVIRONMENTAL ASSESSMENT FOR THE
DEVELOPMENT OF A 241-UNIT MULTI -FAMILY (AFFORDABLE HOUSING)
DEVELOPMENT, A HOUSING DENSITY BONUS, AND RELATED
IMPROVEMENTS ON A 10.49-ACRE PARCEL LOCATED AT THE
NORTHWEST CORNER OF GERALD FORD DRIVE AND THE EXTENSION OF
TECHNOLOGY DRIVE
Planning Manager Lua and Housing Program Manager Gonzales narrated a
PowerPoint presentation and responded to Council inquiries.
Mayor Hamik opened the public hearing.
Dan Hom, Applicant, thanked staff and the City Council for its consideration of the
project. In response to City Council inquiries, Mr. Horn expressed willingness to
work with staff regarding the community pool size.
Mayor Harnik closed the public hearing, there being no one else desiring to speak
MOTION BY COUNCILMEMBER KELLY, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 4-0, to:
1. Find no further environmental review is required for the project under CEQA
pursuant to Section 15183 (Projects Consistent with a Community Plan,
General Plan, or Zoning) of Title 14 of the California Code of Regulations (State
CEQA Guidelines).
2. Adopt Resolution No. 2022-85 to approve Precise Plan 22-0003, Tentative
Parcel Map 38366, and Environmental Assessment 22-0003 for the
development of a 241-unit multi -family (affordable housing) development, a
housing density bonus, and related improvements on a 10.49-acre site located
at the northwest comer of Gerald Ford Drive and the extension of Technology
Drive, subject to findings and Conditions of Approval.
3. Direct staff to work with the Applicant to explore a possible expansion in the
size of the community pool.
City of Palm Desert Page 6
CC. SARDA. & HA Meeting Minutes October 13, 2022
B. RESOLUTION NO. 2022-86: APPROVE FIVE POWER PURCHASE
AGREEMENTS WITH FOREFRONT POWER FOR THE CIVIC CENTER
PHOTOVOLTAIC PROJECT (PROJECT NO.777-14)
Deputy Director of Public Works Ramirez and Senior Project Manager Gayler
narrated a PowerPoint presentation and responded to City Council inquiries.
Mayor Harnik opened the public hearing.
Kevin Flanagan, representing School Project for Utility Rate Reduction (SPURR),
responded to City Council inquiries regarding the competitive bidding process
facilitated by SPURR.
Sam Zantzinger, representing ForeFront Power, responded to City Council
inquiries regarding the company's track record for project completion and the
guarantees offered by the company.
Mayor Harnik closed the public hearing, there being no one else desiring to speak.
During discussion, Mr. Flanagan, Mr. Zantzinger, and Mr. Hargreaves responded
to inquiries regarding the assumption of responsibility if ForeFront Power were to
declare bankruptcy or fail to meet its operations and maintenance obligations.
MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER
KELLY, CARRIED 4-0, to adopt Resolution No. 2022-86 finding that the projects
will result in net cost savings to the City over the life of each 20-year contract, and
that the projects are statutorily exempt from CEQA evaluation.
MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER
KELLY, CARRIED 4-0, to:
1. Authorize the City Manager to execute the Power Purchase Agreements for
Photovoltaic Systems at the Civic Center, Parkview Office Complex, the
Aquatic Center, Entrada Del Paseo (Artists Center), and the Desert Willow
Academy.
2. Authorize the City Manager to negotiate non -monetary changes and
clarifications to the agreements, in consultation with the City Attorney, as may
be required to carry out the intent of the agreements.
INFORMATION ITEMS:
None.
City of Palm Desert Page 7
CC, SARDA, & HA Meeting Minutes October 13, 2022
ADJOURNMENT:
The City Council adjourned at 6:27 p.m.
Respectfully submitted,
Niamh M. Ortega
Deputy City Clerk/Assistant Secretary
ATTEST:
Anth ny Me ov 15, 2022 08:36 PST)
Anthony J. Mejia, MMC
City Clerk/Secretary
APPROVED BY CITY COUNCIL: 10/27/2022
City of Palm Desert Page 8
Minutes 2022-10-13 FINAL
Final Audit Report 2022-11-15
Created: 2022-11-14
By: Michelle Nance (mnance@cityofpalmdesert.org)
Status: Signed
Transaction ID: CBJCHBCAABAA8Pmdrij7UWXOK1lo_AToRaLK1hmbeUs2
"Minutes 2022-10-13 FINAL" History
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