HomeMy WebLinkAbout2022-10-27 ,tira 1141
Thursday, October 27, 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 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 27, 2022, at 2 30 p m in the Council Chamber, City Hall, located
at 73-510 Fred Waring Drive, Palm Desert, California.
ROLL CALL:
Present: Councilmembers Kathleen Kelly, Gina Nestande, and Karina Quintanilla;
Mayor Pro Tem Sabby Jonathan; and Mayor Jan Harnik.
Absent: None.
PLEDGE OF ALLEGIANCE:
Mayor Harnik led the Pledge of Allegiance.
INSPIRATION/INVOCATION:
Councilmember Kelly offered words of inspiration
REPORT OF CLOSED SESSION:
City Clerk Mejia requested and by a vote of 5-0 to City Council added Closed Session
Item B5 (related to Seritage SRC Finance), finding there is a need to immediately discuss,
and possibly provide direction to staff, and the need for action came to the attention of
the City after the posting of the agenda
The Regular Closed Session of the City Council of October 27, 2022, was called to order
by Mayor Harnik at 2:35 p.m., with all members present.
CC, SARDA, & HA Meeting Minutes October 27, 2022
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- October 13, 2022
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956 8
1 . Property Description: 1.55 acres at southeast corner of Fred Waring Drive and
San Pablo Avenue (APNs 627-101-002, 627-101-017,
627-101-033, 627-101-061 , 627-101-062)
Agency: City of Palm Desert
City Negotiator Todd Hileman/Eric Ceja
Negotiating Parties: Chandi Enterprises, LLC
Under Negotiation: Price and Terms
2. Property Description: 74-885 Country Club Drive, Palm Desert
Agency: City of Palm Desert
City Negotiator Todd Hileman/Eric Ceja
Negotiating Parties JW Marriott Desert Springs Resort and Spa
Under Negotiation: Development Agreement
3. Property Description: 73-710 Fred Waring Drive, Suites 100, 103, 108, 118,
120, 200, 201, 203, 208, 211 and 217, and 73-720 Fred
Waring Drive, Suite 100
Agency City of Palm Desert
City Negotiator: Todd Hileman/Chas Escobedo/Eric Ceja
Negotiating Parties Lift to Rise/Paul Golden Construction/Advantech/Act for
MS/ Coachella Valley Association of
Governments/Virginia Waring International Piano
Competition/State of California Department of Food and
Agriculture/State of California Water Resources Board
Under Negotiation: Price and Terms
4. 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
5. Property Description: 72-880 Highway 111 , Palm Desert (APN 640-120-020)
Agency. City of Palm Desert
City Negotiator Todd Hileman/Martin Alvarez/Eric Ceja
Negotiating Parties: Sentage SRC Finance
Under Negotiation: Price and Terms
City of Palm Desert Page 2
CC, SARDA, & HA Meeting Minutes October 27, 2022
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 Attorney believes
creates significant exposure to litigation
City Attorney Hargreaves reported that the City Council received briefings and provided
direction to staff regarding the agendized Closed Session items. Relative to Closed
Session Item B3, the City Council directed that staff finalize the leases. The City Council
did not take any other reportable actions
PRESENTATIONS:
A. PROCLAMATION — PALM DESERT CHARTER MIDDLE SCHOOL WINTER
GUARD
Jose Pena, Palm Desert Charter Middle School Winter Guard Coach, expressed
his appreciation for his team, their parents, and supporters; thanked them for their
hard work; and thanked the City Council for their recognition. The City Council
viewed a video of the winning performance at the Winter Color Guard State
Championships and congratulated the team on their achievements at the recent
World Championships, competing against high schools in their division
B. PRESENTATION BY THE MCCALLUM THEATRE
Mitch Gershenfeld, McCallum Theatre CEO, narrated a PowerPoint presentation,
thanked the City Council for its support and partnership over the years
In addition to the agendized presentations, Mayor Harnik congratulated students who
participated in the Palm Desert Mini Muster; distributed certificates to winners of the Mini
Muster Art Competition; and thanked Historical Society member Mike Lewis for his work
with the Mini Muster program.
CITY MANAGER'S COMMENTS:
A. MAINTENANCE ACTIVITIES UPDATE — PUBLIC WORKS DEPARTMENT
Public Works Deputy Director Ramirez narrated a PowerPoint and discussed the
Community Services division's role in maintaining the quality of life Palm Desert
residents and visitors have come to expect.
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CC, SARDA, & HA Meeting Minutes October 27, 2022
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION:
Councilmember Quintanilla thanked the City Council, staff and the community for their
support during her recent health issues.
Councilmember Kelly thanked staff for creating a hybrid system to facilitate both in-person
and remote participation at City Council meetings, and spoke about Southern California
Association of Governments' work on a storm water recapture program as part of water
conservation efforts throughout the region
Mayor Pro Tem Jonathan thanked staff for their work on the recent Council Chamber
remodel.
Mayor Harnik applauded the newly-installed butterfly mural at University of California,
Riverside's Palm Desert campus, and reported her attendance at various meetings.
NON-AGENDA PUBLIC COMMENTS:
William Colonel, Palm Desert resident, expressed his appreciation for the Mayor and all
members of the City Council
Stephen Nelson, Palm Desert resident and Genesis neighborhood representative,
expressed his support for a wind fence near his community; noted issues with
neighborhood landscaping and an incomplete sidewalk, and expressed concern with the
Millennium Master Plan Homeowners Association
1. CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to approve the consent calendar, with the removal of
Item No. 1A for separate discussion.
A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
This item was excluded from the Consent Calendar. Please refer to page 6 of these
minutes for a summary of that action.
B. APPROVAL OF WARRANTS
MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to approve warrants issued for the period of
August 31 , 2022, through October 14, 2022.
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CC, SARDA, & HA Meeting Minutes October 27, 2022
C. APPLICATION FOR AN ALCOHOLIC BEVERAGE LICENSE FOR
HOLY CANNOLI, INC., DBA THE HIDEOUT, 73595 EL PASEO, SUITE B2208,
PALM DESERT
MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to receive and file the Alcoholic Beverage License
application
D. 2022 CONFLICT OF INTEREST CODE BIENNIAL NOTICE PURSUANT TO THE
POLITICAL REFORM ACT
MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to
1 . Receive and file the 2022 Local Agency Biennial Notice.
2. Direct staff to promulgate the necessary amendments and return to the
City Council in December 2022 for adoption pursuant to the Political Reform
Act.
E. ADOPT RESOLUTION NO. 2022-87 SETTING THE CITY COUNCIL REGULAR
MEETING SCHEDULE FOR THE CALENDAR YEAR 2023 AND RESCINDING
RESOLUTION NO. 2022-72
MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to waive further reading and adopt
Resolution No. 2022-87 setting the City Council regular meeting schedule for the
calendar year 2023 and rescinding Resolution No. 2022-72
F. APPROVE AMENDMENT NO. 1 TO CONTRACT NO. HA-39040 WITH
SERVICE FIRST, LLC, FOR POOL AND WATER FEATURE MAINTENANCE
AND REPAIR SERVICES AT THE PALM DESERT HOUSING AUTHORITY
PROPERTIES IN A TOTAL AMOUNT NOT TO EXCEED $347,147
MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to
1 . Approve Amendment No. 1 to Contract No. HA-39040 with Service First, LLC,
for pool and water feature maintenance and repair services at the Palm Desert
Housing Authority properties effective January 1 , 2023, for a two-year term in
a total amount not to exceed $347,147
2. Authorize RPM Company, the Authority's contracted management company,
to enter into Amendment No 1 with Service First, LLC, for the routine and
additional services needed, including expenditures.
3. Authorize the Executive Director or its designee to take any necessary actions
to facilitate the amendment and any documents necessary to effectuate and
implement the actions taken herewith
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CC, SARDA, & HA Meeting Minutes October 27, 2022
G. REQUEST FOR ACCEPTANCE OF THE CITY'S CITIZENS OPTION FOR
PUBLIC SAFETY/SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND
(COPS/SLESF) EXPENDITURE PLAN AND FUNDING FOR FISCAL YEAR
2022-2023
MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to accept the City's Citizens Option for Public
Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF)
expenditure plan and funding for Fiscal Year 2022-2023.
H. APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C43390 WITH
IDEA PEDDLER FOR MARKET RESEARCH AS EXTRA WORK
MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to:
1 . Approve Amendment No. 1 to Contract No. C43390 with Idea Peddler in an
amount not to exceed $30,000 for one-time market research to support the
evolution of the City's tourism advertising campaign.
2. Authorize the City Manager to execute the Amendment and any documents
necessary to effectuate and implement the actions taken herewith.
I. APPROVE AGREEMENT NO. C44280 WITH CASC ENGINEERING AND
CONSULTING, INC., FOR MS4 PERMIT INSPECTIONS AND NPDES
SUPPORT SERVICES IN THE AMOUNT OF $50,000 PER FISCAL YEAR
MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to:
1 . Approve a three year agreement with CASC Engineering and Consulting, Inc.,
for MS4 Permit Inspections and NPDES Support Services in the amount of
$50,000 per year.
2. Authorize the City Manager or his designee to review and execute change
orders for unanticipated conditions, per Section 3 30.170, Section A, of
Ordinance No. 1335.
3. Authorize the City Manager to execute said agreement and up to two one-year
contract amendments/extensions.
EXCLUDED CONSENT CALENDAR:
A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 4-0-1 (QUINTANILLA ABSTAIN), to approve the Minutes
of October 13, 2022.
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CC, SARDA, & HA Meeting Minutes October 27, 2022
2. ACTION CALENDAR:
A. AWARD CONTRACT NO. HA44290 FOR THE DESIGN-BUILD OF THE
TAOS PALMS TRELLIS AND ENTRANCE STRUCTURE REHABILITATION TO
DOUG WALL CONSTRUCTION, INC., OF BERMUDA DUNES, CALIFORNIA,
IN THE AMOUNT OF $1,067,588.35 (PROJECT NO. 813-21) (Housing
Authority)
Due to a conflict of interest, Mayor Pro Tern Jonathan recused himself from this
item and left the dais.
Housing Manager Gonzales narrated a PowerPoint presentation and responded
to City Council inquiries.
MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER
QUINTANILLA, CARRIED 4-0-1 (JONATHAN RECUSED) to:
1 . Award Contract No. HA44290 for the design-build of the Taos Palms Trellis
and Entrance Structure Rehabilitation to Doug Wall Construction, Inc., of
Bermuda Dunes, California, in the amount of $1 ,067,588 35 (includes $22,500
add alternate)
2. Authorize the Finance Director to set aside approximately 20% contingency of
$213,520 for unforeseen conditions
3. Authorize the Executive Director or designee to review and approve written
requests for the use of the contingency, to take any necessary actions to
facilitate the agreement, to execute the agreement and any documents
necessary to effectuate the actions taken herewith.
4. Authorize the Executive Director or designee to execute the Notice of
Completion (NOC) and the Secretary to file the NOC, upon satisfactory
completion of the Project.
5. Funds are available in the Fiscal Year 2022-23 Housing Authority Capital
Replacement Budget.
B. AWARD OF CONTRACT NO. C44300 TO WELLS FARGO BANK, N.A., FOR
COMPREHENSIVE BANKING SERVICES
Deputy Finance Director Ramont presented a staff report and responded to City
Council inquiries.
MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR HARNIK,
CARRIED 4-1 (QUINTANILLA), to
1 . Award a contract to Wells Fargo Bank, N A , to provide comprehensive banking
services for a term of five years with an option to renew two (2) additional
three-year periods based on satisfactory performance.
2. Authorize the City Manager or designee to negotiate and/or take any
necessary actions to facilitate the agreement, to execute the agreement and
any documents necessary to effectuate the actions taken herewith.
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CC, SARDA, & HA Meeting Minutes October 27, 2022
C. RECEIVE AND FILE AN INFORMATIONAL REPORT ON THE CURRENT
STATE OF THE CANNABIS INDUSTRY IN PALM DESERT
Director of Economic Development Ceja narrated a PowerPoint presentation and
responded to City Council inquiries
Kenneth Churchill, owner of West Coast Cannabis Club, thanked staff for their
efforts over the past few years and spoke about the negative impact of Palm
Desert's cannabis tax on his business
Keva King, CEO of Your Royal Highness, spoke about the negative impact of Palm
Desert's cannabis tax on her business.
Following discussion, the City Council referred this item to the Economic
Development subcommittee to explore potential alternatives with staff and industry
representatives, and present the findings at a future City Council meeting.
D. RECEIVE AND FILE AN INFORMATIONAL REPORT REGARDING
POTENTIAL REGULATION OF CANNABIS CONSUMPTION AREAS,
TEMPORARY SPECIAL EVENTS, AND OTHER RELATED AMENDMENTS
Deputy Director of Development Services Rosie Lua narrated a PowerPoint
presentation and responded to City Council inquiries.
Kenneth Churchill, owner of West Coast Cannabis Club, spoke in support of
regulated consumption areas and responded to a City Council inquiry.
Following discussion, the City Council directed staff to explore options for
regulated cannabis consumption areas for all types of consumption excluding
smoking.
E. ADOPT RESOLUTION NO. 2022-88 DECLARING SIX PARCELS AT THE
SOUTHEAST CORNER OF FRED WARING DRIVE AND SAN PABLO AVENUE
IN PALM DESERT ARE NOT SURPLUS LAND FOR PURPOSES OF THE
SURPLUS LAND ACT
Management Analyst Glickman noted the six parcels being discussed were at the
northeast corner of Fred Waring Drive, not the southeast corner as stated in her
report. She narrated a PowerPoint presentation and responded to City Council
inquiries
MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to adopt Resolution No. 2022-88 declaring
Assessor's Parcel Numbers (APN) 627-101-002 (.35 acres), 627-101-017 ( 20
acres), 627-101-033 (.25 acres), 627-101-061 (.46 acres), 617-101-062 (.17
acres), and Right of Way (.11 acres), Palm Desert, are not Surplus Land for
purposes of the Surplus Land Act
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CC, SARDA, & HA Meeting Minutes October 27, 2022
F. INTRODUCE AN ORDINANCE AMENDING PALM DESERT MUNICIPAL CODE
SECTION 2.36.060 REGARDING THE PLACEMENT OF ITEMS ON MEETING
AGENDAS AND A PROCESS FOR MEMBERS OF THE CITY COUNCIL TO
SPONSOR AGENDA ITEMS
City Clerk Mejia provided a staff report and responded to City Council inquiries.
Following discussion, MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY
COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to refer this item to a
subcommittee (Mayor Harnik, Councilmember Kelly) to work with staff and further
develop a proposed ordinance incorporating feedback received during discussion
G. AWARD CONTRACT NO. C43100 TO DECKARD TECHNOLOGIES, INC., OF
SAN DIEGO, CALIFORNIA, FOR SHORT-TERM RENTAL MONITORING,
COMPLIANCE, ENFORCEMENT, AND TAX COLLECTION SERVICES IN THE
AMOUNT OF $69,400
Director of Development Services Cannone narrated a PowerPoint presentation
and responded to City Council inquiries.
MOTION BY COUNCILMEMBER KELLY, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to
1 . Approve the award of competitive Request for Proposals No. 2022-RFP-133
and draft contract to Deckard Technologies, Inc., of San Diego, California, for
Short-term Rental Compliance Services in the amount of$69,400 for the initial
one-year period of November 1, 2022, through October 31 , 2023 With
extensions, this contract spans five (5) fiscal years and would be funded from
the Development Services Approved Budget in each fiscal year
2. Approve the option to renew the resulting contract for four (4) additional one-
year periods, subject to departmental and City Manager concurrence and
available funding.
3. Authorize the City Manager to execute said contract.
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CC, SARDA, & HA Meeting Minutes October 27, 2022
3. PUBLIC HEARINGS:
A. RESOLUTION NO. HA 111: REQUEST FOR APPROVAL FOR
THE PROPOSED SALE OF THE PROPERTY LOCATED AT
42162 VERDIN LANE, PALM DESERT (APN 624-440-004), PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33433(C) (Housing Authority)
Director of Finance Chavez provided a staff report.
Mayor Harnik opened and closed the public hearing, there being no one from the
public desiring to speak.
MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY
COUNCILMEMBER NESTANDE, CARRIED 5-0, to:
1 . Conduct a public hearing and accept testimony on the proposed sale of the
property located at 42162 Verdin Lane, Palm Desert, to a qualified household
of very low, low or moderate income.
2. Following public testimony, waive further reading and adopt
Resolution No. HA 111 approving the sale of 42162 Verdin Lane, Palm Desert
(APN 624-440-004), to a qualified household of low or moderate income
pursuant to the attached Purchase and Sale Agreement.
3. Authorize the Executive Director to finalize and execute the Purchase and
Sales Agreement and any ancillary documents related to the sale to a qualified
household of low or moderate income.
INFORMATION ITEMS:
None.
ADJOURNMENT:
The City Council adjourned at 6:57 p.m.
Respectfully submitted,
Niamh M. Ortega
Deputy City Clerk/Assistant Secretary
ATTEST:
Anth ny Me is ec 6, 022 10 03 PST;
Anthony J. Mejia, MMC
City Clerk/Secretary
APPROVED BY CITY COUNCIL: 11/17/2022
City of Palm Desert Page 10