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Home My WebLink About2023-01-26Thursday, January 26, 2023 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 Kelly on Thursday, January 26, 2023, at 3:30 p.m. in the Council Chamber, City Hall, located at 73- 510 Fred Waring Drive, Palm Desert, California. ROLL CALL: Present: Councilmembers Jan Harnik, Gina Nestande, Karina Quintanilla, and Evan Trubee; and Mayor Kathleen Kelly. Absent: None. PLEDGE OF ALLEGIANCE: Councilmember Nestande led the Pledge of Allegiance. INSPIRATION/INVOCATION: Councilmember Trubee offered words of inspiration. REPORT OF CLOSED SESSION: City Attorney Hargreaves stated that direction was given by the City Council; no reportable actions were taken. PRESENTATIONS: None. CITY MANAGER'S COMMENTS: A. UPDATE ON HHOPE TEAM AND SOCIAL SERVICES Assistant City Manager Escobedo provided an update on the City of Palm Desert's partnership with the County of Riverside; recent changes to the staffing model for Homeless/Housing Opportunities Partnership Education (HHOPE); and the hiring of a Social Services Coordinator. CC SARDA. & HA Meeting Minutes January 26, 2023 MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: Councilmember Harnik highlighted the Homeless Resource Guide; reported on her attendance at various meetings and the National Association of Regional Councils (NARC) conference in Washington DC. Mayor Kelly noted the observance of Holocaust Remembrance Day and invited the community to join her and other local representatives at the event. NON -AGENDA PUBLIC COMMENTS: Deborah McGarrev. representing Southern California Gas Company, explained that customers should expect significant increases in their winter bills, noting a variety of factors contributed to increased costs to purchase natural gas. Joe Scarna, Palm Desert resident, recognized the sheriffs department and volunteers for their assistance with the recent Homelessness Point -in -Time count, and expressed his dissatisfaction with his recent natural gas bill. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the consent calendar as presented. A. APPROVE APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the Minutes of January 12, 2023. B. APPROVAL OF WARRANTS MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve warrants issued for the period of November 15, 2022, through January 13, 2023. C. APPLICATION FOR AN ALCOHOLIC BEVERAGE LICENSES FOR OCEANA RESTAURANT, 77932 COUNTRY CLUB DRIVE, UNIT 24 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to receive and file the Alcoholic Beverage License application. City of Palm Desert Page 2 CC, SARDA, & HA Meeting Minutes January 26, 2023 D. RECEIVE AND FILE A REPORT REGARDING THE CITY OF PALM DESERT'S ENROLLMENT WITH THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE AND THE RANCHO MIRAGE CHAMBER OF COMMERCE MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to receive and file an information report for the City's enrollment as a member to the Greater Coachella Valley Chamber of Commerce and the Rancho Mirage Chamber of Commerce. E. AUTHORIZE THE RELEASE OF MAINTENANCE SECURITY IN THE AMOUNT OF $2,882 FOR LA QUINTA BREWING COMPANY MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to authorize the release of maintenance security in the amount of $2,882 for the La Quinta Brewing Company. F. ACCEPT CONTRACT NO. C37960E WITH R DEPENDABLE CONSTRUCTION, INC., OF SAN BERNARDINO, CALIFORNIA, FOR THE CITY COUNCIL CHAMBER RENOVATION PROJECT AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION (PROJECT NO. 765-19) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Accept Contract No. C37960E with R Dependable Construction, Inc., of San Bernardino, California, for the City Council Chamber Renovation Project as complete. 2. Authorize the City Clerk to file a Notice of Completion. G. RECEIVE AND FILE THE ANNUAL LOW- AND MODERATE -INCOME HOUSING ASSET FUND REPORT RELATIVE TO SB 341 (Housing Authority) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to receive and file the annual Low- and Moderate -Income Housing Asset Fund report relative to SB 341 for the 2021/2022 fiscal year. H. APPROVE SPONSORSHIP AGREEMENT NO. C44720 FOR THE 2023 DESERT X EXHIBITION IN THE AMOUNT OF $25,000 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Approve sponsorship in the amount of $25,000 with The Desert Biennial for its 2023 Desert X Exhibition to be held March 4 — May 7, 2023. 2. Authorize staff to finalize negotiations of the Sponsorship Agreement No. C44720with The Desert Biennial. 3. Authorize the City Manager to execute same, subject to the satisfaction of the City Attorney. 4. Waive all permit and inspection fees associated with DesertX. City of Palm Desert Page 3 CC. SARDA. & HA Meeting Minutes January 26, 2023 EXCLUDED CONSENT CALENDAR: None. 2. ACTION CALENDAR: A. AWARD CONTRACT NO. C44660 TO MARKS ARCHITECTS, INC., IN THE AMOUNT OF $1,142,400 FOR ENGINEERING AND DESIGN SERVICES FOR THE PARKVIEW OFFICE COMPLEX (PROJECT NO.726-17) Economic Development Director Ceja and Management Analyst Swartz narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Award Contract No. C44660 to Marks Architects, Inc., in the amount of $1,142,400 for architectural design and structural engineering services for the Parkview Office Complex. 2. Authorize the Director of Finance to set aside a contingency amount of $150,000 for unforeseen work and future tenant improvement design services. 3. Authorize the City Manager or designee to review and approve written contract amendments up to the contingency amount. 4. Authorize the Mayor to execute the agreement and any documents necessary to effectuate the actions taken herewith. 5. Direct staff to work with the City's Economic Development Subcommittee on the exterior conceptual designs. B. AWARD CONTRACT NO. C44730 FOR THE NORTH SPHERE FIRE STATION DESIGN AND BUILDING ASSESSMENT OF FIRE STATION 33 AND 71 TO PBK ARCHITECTS IN THE AMOUNT OF $674,000 (PROJECT NO. 762-23) Public Works Deputy Director Bowman and California Fire Department Chief Beverlin narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1. Award Contract No. C44730 for the North Sphere Fire Station Design and Building Assessment of Fire Stations 33 and 71 to PBK Architects in the amount of $674,000. 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $67,400 for unforeseen conditions. 3. Authorize the City Manager or designee to review and approve written contract amendment requests up to the contingency amount. 4. Authorize the Mayor or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. City of Palm Desert Page 4 CC. SARDA. & HA Meeting Minutes January 26, 2023 C. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. C44740 IN THE AMOUNT OF $227,000 WITH PREST-VUKSIC-GREENWOOD ARCHITECTS (PVGA) FOR WORK RELATED TO DISCOVER PALM DESERT, A NEW VISITOR SERVICES CENTER LOCATED AT PALM DESERT CIVIC CENTER Management Analyst Mager narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Approve Professional Services Agreement No. C44740 in the amount of $227,000 with (PVGA) for services related to Discover Palm Desert, a new visitor service center, including, but not limited to, preparation of construction drawings and construction administration. 2. Authorize the City Manager or designee to review and approve written contract amendment requests in an amount not to exceed $22,700. 3. Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. D. REQUEST FOR DIRECTION ON A WORK PLAN FOR THE DISPOSITION OF PROPERTIES IDENTIFIED IN THE CITY'S CENTRAL INVENTORY OF THE SURPLUS LAND ACT (Joint Consideration with Successor Agency) Management Analyst Glickman narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to confirm the approval of the work plan for the disposition of properties identified in the City's Central Inventory of the Surplus Land Act. 3. PUBLIC HEARINGS: A. APPROVE AMENDMENT NO. 2 TO 2020 ANNUAL ACTION PLAN —COMMUNITY DEVELOPMENT BLOCK GRANT Senior Management Analyst Muir presented the staff report. Mayor Kelly opened and closed the public hearing, there being no member of the public wishing to speak. MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER HARNIK, CARRIED 5-0, to: 1. Conduct the public hearing and receive public testimony. 2. Approve Amendment No. 2 to 2020 Annual Action Plan — Community Development Block Grant. 3. Approve the budget amendment to Fiscal Year 2020-2021 Community Development Block Grant. City of Palm Desert Page 5 CC. SARDA. & HA Meeting Minutes January 26, 2023 B. CONSIDERATION OF AN APPEAL OF A DECISION OF THE PLANNING COMMISSION ADOPTING A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), APPROVING A PRECISE PLAN, AND CONDITIONAL USE PERMIT FOR A 394- UNIT MULTIFAMILY PROJECT DEVELOPMENT ON AN 18.31-ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE (APNs 620-400-030 AND 620-400-031) 394 UNIT PROJECT Mayor Kelly opened the public hearing. Principal Planner Nick Melloni narrated a PowerPoint presentation. Don Mess, Appellant, read a written statement and urged the City Council to require the preparation of an Environmental Impact Report (EIR), opining that the project will result in negative impacts on surrounding residents. A copy of Mr. Mess' written statement is on file with the City Clerk. Cody Dietrich, Applicant, summarized the proposed project and requested that the City Council approved the project as presented, explaining that the City's consultants have determined that a Mitigated Negative Declaration is appropriate for the project. The following individuals spoke in support of upholding the appeal and requiring an Environmental Impact Report for the proposed project: • Glenn Luther • Steve Blank • Cindy Rankowite • Mark Shabashaw • Edith Taylor • Jeff Cameron Don Mess, reiterated his request to require an Environmental Impact Report for the proposed project. Cody Dietrich, displayed images depicting potential visual impacts on the surrounding residents, noting that applicant has rearranged the project orientation to reduce visual impacts and created a scenic view corridor. A copy of these images was included in the staff report on file with the City Clerk. Principal Planner Melloni summarized his closing remarks to the City Council and responded to City Council inquiries. Mayor Kelly closed the public hearing, there being no one else wishing to speak MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Conduct the public hearing and receive public testimony. 2. Adopt a Resolution denying the appeal and confirming the Planning Commission's approval of Precise Plan/Conditional Use Permit/Environmental Assessment 22- 0006, and thereby approving the development of a 394-unit multifamily apartment development at the southwest comer of Frank Sinatra Drive and Portola Avenue. City of Palm Desert Page 6 CC, SARDA, & HA Meeting Minutes January 26, 2023 INFORMATION ITEMS: None. ADJOURNMENT: The City Council adjourned at 6:36 p.m. Respectfully submitted, Niamh M. Ortega Assistant City Clerk/Assistant Secretary ATTEST: Anth ny Meli eb 21, 20231526 PST) Anthony J. Mejia, MMC City Clerk/Secretary APPROVED BY CITY COUNCIL: 02/16/2023 City of Palm Desert Page 7 Minutes of 01-26-2023 - final Final Audit Report 2023-02-21 Created: 2023-02-21 By: Michelle Nance (mnance@palmdesert.gov) Status: Signed Transaction ID: CBJCHBCAABAATGZtRDupkw7_uGZSfaDJazcb9X2CxYn8 "Minutes of 01-26-2023 - final" History Document created by Michelle Nance (mnance@palmdesert.gov) 2023-02-21 - 10:41:10 PM GMT Document emailed to Niamh M. Ortega (nortega@palmdesert.gov) for signature 2023-02-21 - 10:43:12 PM GMT Email viewed by Niamh M. Ortega (nortega@palmdesert.gov) 2023-02-21 - 10:43:16 PM GMT pro Document e-signed by Niamh M. Ortega (nortega@palmdesert.gov) Signature Date: 2023-02-21 - 10:44:21 PM GMT - Time Source: server Document emailed to Anthony Mejia (amejia@palmdesert.gov) for signature 2023-02-21 - 10:44:22 PM GMT Email viewed by Anthony Mejia (amejia@palmdesert.gov) 2023-02-21 - 10:44:26 PM GMT rc. Document e-signed by Anthony Mejia (amejia@palmdesert.gov) Signature Date: 2023-02-21 - 11:26:10 PM GMT - Time Source: server J Agreement completed. 2023-02-21 - 11:26:10 PM GMT 0 Adobe Acrobat Sign