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HomeMy WebLinkAbout2024-10-10 1 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Regular Meeting Minutes October 10, 2024, 3:30 p.m. Present: Mayor Karina Quintanilla, Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee 1. CALL TO ORDER - CLOSED SESSION - 3:30 P.M. A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, October 10, 2024, at 3:30 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None. 3. RECESS TO CLOSED SESSION Mayor Quintanilla adjourned to Closed Session at 3:30 p.m. 4. CLOSED SESSION AGENDA 4.a Closed Session Meeting Minutes: September 12, 2024 4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 4.b.1 Property Description: 73710 Fred Waring Drive, Suite 205 5. ROLL CALL - REGULAR MEETING - 4:00 P.M. 6. PLEDGE OF ALLEGIANCE Councilmember Nestande led the Pledge of Allegiance. 7. INSPIRATION Councilmember Trubee provided words of inspiration. 8. REPORT OF CLOSED SESSION City Attorney Shah stated that direction was given by the City Council; no reportable actions were taken. Docusign Envelope ID: A2297FA0-07CF-4429-83EC-13FE69ED571A 2 9. AWARDS, PRESENTATIONS, AND APPOINTMENTS 9.a PRESENTATION: COLLEGE OF THE DESERT CAPITAL PROJECTS AND INSTRUCTIONAL PROGRAMS Interim Superintendent/President of College of the Desert, Laura Hope, and Vice President Student Services, Rodrigo Garcia, narrated a PowerPoint presentation and responded to City Council inquiries. 10. CITY MANAGER COMMENTS 10.a UPDATE ON PALM DESERT IHUB Director of Economic Development Ceja provided an update on Palm Desert iHub and responded to City Council inquiries. 11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events. Mayor Pro Tem Harnik, with support of the City Council, requested a Study Session on the neighborhood notifications regarding proposed developments. 12. NON-AGENDA PUBLIC COMMENTS Sharon Mastropietro-Malone, Palm Desert resident, spoke in opposition to the Riverside County contract for a consultant’s review of animal services. Mike Morsch, Palm Desert resident, spoke in support of Measure G. Pegie Crowley, Palm Desert resident, spoke in opposition to the Riverside County contract for a consultant’s review of animal services. Connor Limont, Palm Desert resident, spoke in opposition to hillside development. Dean Gaton, Palm Desert resident, spoke regarding traffic issues within the city and recommended district information be added to Councilmember bios on the City website. 13. CONSENT CALENDAR Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik To approve the consent calendar as presented. Motion Carried (5 to 0) 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Approve the Minutes of September 26, 2024. Motion Carried Docusign Envelope ID: A2297FA0-07CF-4429-83EC-13FE69ED571A 3 13.b APPROVAL OF WARRANT REGISTERS Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Approve the warrant registers issued for the period 8/30/2024 to 9/19/2024. Motion Carried 13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Receive and file the application for Alcoholic Beverage License for: 1918 Winter Street ABS, LLC (Albertsons #0567) - 42095 Washington Street, Palm Desert Motion Carried 13.d AWARD CONTRACT NO. C48480 TO SOUTHERN PACIFIC CONSTRUCTION FOR THE FIRE STATION 67 RESTROOM RENOVATION (PROJECT NO. MFA00030) Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Award Contract No. C48480 to Southern Pacific Construction, of Temecula, California, in the amount of $276,940.87, plus a $30,000 contingency, for the Fire Station 67 Restroom Renovation. 2. Authorize the City Attorney to make necessary nonmonetary changes to the contract. 3. Authorize the City Manager to execute the contract and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project. Motion Carried Docusign Envelope ID: A2297FA0-07CF-4429-83EC-13FE69ED571A 4 13.e AWARD DESIGN CONTRACT NO. C48490 TO TKE ENGINEERING, INC., FOR WALK AND ROLL PD PHASE 3 - PEDESTRIAN IMPROVEMENTS Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Award Contract No. C48490 to TKE Engineering, Inc., of Riverside, California, in the amount of $360,700 for design of the Walk and Roll PD - Phase 3 Pedestrian Improvements Project (CST00002), plus a 10% contingency for unforeseen conditions. 2. Authorize the City Attorney to make necessary nonmonetary changes to the contract. 3. Authorize the City Manager to execute the contract and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. Motion Carried 13.f AWARD CONTRACT NO. C48140 TO DBX, INC., OF TEMECULA, CALIFORNIA, FOR THE MARKET PLACE DRIVE AND COOK STREET TRAFFIC SIGNAL IMPROVEMENTS (PROJECT NO. CTS0001) Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Award Contract No. C48140 to DBX, Inc., of Temecula, California, in the amount of $464,580, plus a $47,000 contingency, for the Market Place Drive and Cook Street Traffic Signal Improvements. 2. Authorize the City Attorney to make necessary nonmonetary changes to the contract. 3. Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project. Motion Carried Docusign Envelope ID: A2297FA0-07CF-4429-83EC-13FE69ED571A 5 13.g RELEASE MAINTENANCE BOND FOR PM 37512 FOR THE REVEL LOCATED AT 74300 COUNTRY CLUB DRIVE Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Release Maintenance Bond in the amount of $5,096.07 for PM 37512 for the Revel located at 74300 Country Club Drive. Motion Carried 13.h RESOLUTION NO. 2024-074 AND HA-127: THIRD AMENDED AND RESTATED DDLA AND ACTIONS RELATED TO THE CONVEYANCE OF THE PARCELS IDENTIFIED AS APN 694-120-028 AND A PORTION OF 694-120- 029 FOR AFFORDABLE HOUSING Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Adopt Resolution No. 2024-074 (City) entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A THIRD “AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM VILLAS AT MILLENIUM” AMONG THE CITY, AS LESSOR, THE PALM DESERT HOUSING AUTHORITY, AS LENDER, AND PALM COMMUNITIES, A CALIFORNIA LIMITED PARTNERSHIP, AS LESEE/ BORROWER/ DEVELOPER, IN CONNECTION WITH APPROXIMATELY 10.49 ACRES OF PROPERTY OWNED BY THE CITY, AND TAKING RELATED ACTIONS.” 2. Adopt Resolution No. HA-127 (Housing Authority) entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY APPROVING A THIRD “AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM VILLAS AT MILLENIUM” AMONG THE AUTHORITY, AS LENDER, THE CITY OF PALM DESERT, AS SELLER, AND PALM COMMUNITIES, A CALIFORNIA CORPORATION, AS BUYER/ BORROWER/ DEVELOPER, APPROPRIATING FUNDS IN CONNECTION THEREWITH, AND TAKING RELATED ACTIONS.” 3. Authorize Mayor/Chairperson, staff, and legal counsel to negotiate, execute and record agreements and necessary documents to effectuate the resolutions, including the conveyance of the Property, the funding commitments, and related actions for the Project as set forth in the Third Amended and Restated DDLA. Motion Carried (5 to 0) Docusign Envelope ID: A2297FA0-07CF-4429-83EC-13FE69ED571A 6 14. ACTION CALENDAR 14.a 2025 CALIFORNIA DESERT PLEIN AIR FESTIVAL FUNDING Public Affairs Manager Soule narrated a PowerPoint presentation and responded to City Council inquiries. Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Trubee Approve funding in the amount of $25,000 for the inaugural California Desert Plein Air Festival. Motion Carried (5 to 0) 14.b RESOLUTION NO. 2024-075: ADOPT A POLICY FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS Development Services Director Cannone requested this item be removed from the agenda for further discussions with HOAs. No action taken on this item. 15. PUBLIC HEARINGS 15.a RESOLUTION NO. 2024-075: CONSIDERATION TO APPROVE A PRECISE PLAN AMENDMENT FOR A 1,103-SQUARE-FOOT GUESTHOUSE AT 72240 UPPER WAY WEST Councilmember Kelly recused herself from this item pursuant to the Levine Act and left the meeting at this time. Mayor Quintanilla opened the public hearing. Principal Planner Flores narrated a PowerPoint presentation and responded to City Council inquiries. Applicant representative, Paul D. Bojic, Esq., spoke in favor of staff recommendation and responded to City Council inquiries. Mayor Quintanilla closed the public hearing, there being no other member of the public wishing to speak. Mayor Pro Tem Harnik requested that the matter be continued to the City Council meeting of October 24, 2024, to provide members of the City Council the opportunity to conduct a site visit. In response, Michael Reilly, Applicant, requested that this item not be delayed further due to past delays and hardship and responded to City Council inquiries. Motion by: Councilmember Nestande Seconded by: Mayor Quintanilla Adopt Resolution No. 2024-075 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING A Docusign Envelope ID: A2297FA0-07CF-4429-83EC-13FE69ED571A 7 FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF A HILLSIDE DEVELOPMENT PLAN TO CONSTRUCT A 1,103-SQUARE-FOOT GUESTHOUSE ON A PROPERTY LOCATED AT 72240 UPPER WAY WEST.” NOES (1): Mayor Pro Tem Harnik RECUSED (1): Councilmember Kelly Motion Carried (3 to 1) 15.b ADOPT SUBSTANTIAL AMENDMENT TO ANNUAL ACTION PLAN FOR PROGRAM YEAR 2020 COMMUNITY DEVELOPMENT BLOCK GRANT Mayor Quintanilla opened the public hearing. Senior Contracts and Grants Manager Barron narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Quintanilla closed the public hearing, there being no member of the public wishing to speak. Motion by: Councilmember Trubee Seconded by: Councilmember Kelly 1. Conduct the public hearing and receive public testimony. 2. Adopt the Substantial Amendment to PY 2020 Annual Action Plan. 3. Authorize the Director of Finance to appropriate $176,000 to CDBG Program Expenditure Account No. 2204649-4400100, Palma Village Park Capital Project. 4. Approve the Project agreement amendment with the Joslyn Center (Contract No. C46570A). Motion Carried (5 to 0) 15.c INTRODUCE ORDINANCE NO. 1417 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS - ADOPT A POLICY (RES. 2024-077) SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE HILLSIDE PLANNED RESIDENTIAL ZONE, AND MAKE A FINDING OF EXEMPTION UNDER CEQA Mayor Quintanilla opened the public hearing. Development Services Director Cannone narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Quintanilla closed the public hearing, there being no other member of the public wishing to speak. Docusign Envelope ID: A2297FA0-07CF-4429-83EC-13FE69ED571A 8 Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Hold a public hearing and introduce Ordinance No. 1417 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” 2. Adopt Resolution No. 2024-077 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE TERMINATION AND AMORTIZATION OF SHORT-TERM RENTALS WITHIN THE HILLSIDE PLANNED RESIDENTIAL (HPR) ZONE.” Motion Carried (5 to 0) 15.d INTRODUCTION OF ORDINANCE NO. 1418 TO ADD CHAPTER 12.36 TO TITLE 12 OF THE PALM DESERT MUNICIPAL CODE ESTABLISHING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING A FINDING OF EXEMPTION UNDER CEQA Mayor Quintanilla opened the public hearing. Principal Planner Melloni narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Quintanilla closed the public hearing, there being no member of the public wishing to speak. Motion by: Councilmember Kelly Seconded by: Councilmember Trubee Introduce Ordinance No. 1418 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 12.36 TO THE PALM DESERT MUNICIPAL CODE REGARDING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” Motion Carried (5 to 0) 15.e INTRODUCTION OF AN ORDINANCE UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Mayor Quintanilla opened the public hearing. Principal Planner Melloni narrated a PowerPoint presentation and responded to City Council inquiries. Docusign Envelope ID: A2297FA0-07CF-4429-83EC-13FE69ED571A 9 Mayor Quintanilla closed the public hearing, there being no other member of the public wishing to speak. Motion by: Councilmember Kelly Seconded by: Councilmember Trubee Hold a public hearing and introduce Ordinance No. 1419 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER CEQA.” Motion Carried (5 to 0) 15.f ADOPT A RESOLUTION AMENDING THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF PALM DESERT AND FINDING THE ACTION EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15378 This item was continued to a date uncertain. 16. INFORMATION ITEMS 17. ADJOURNMENT The City Council adjourned at 5:46 p.m. Respectfully submitted, _________________________ Níamh M. Ortega, CMC Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary Docusign Envelope ID: A2297FA0-07CF-4429-83EC-13FE69ED571A Michelle Nance, Deputy Clerk II For: