CITY OF PALM DESERT
REGULAR
PALM DESERT CITY COUNCIL (CC),
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA), AND HOUSING AUTHORITY (HA) MEETING.
(VIRTUAL MEETING)
THURSDAY, JANUARY 13, 2022
2:00 p.m. Study Session
3:00 p.m. Closed Session
4:00 p.m. Regular Session
Note: Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.
City Council Meetings are live-streamed. You can access and view the meetings through the City’s website at https://www.cityofpalmdesert.org and click on “Council Agenda” at the top of the page.
Options for participating in the meeting: To participate by email, internet or telephone, see detailed instructions on the last page.
AGENDA JANUARY 13, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 2
CALL TO ORDER – 3:00 P.M.
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY – Any person wishing to discuss any Closed Session business that is within the subject matter may participate utilizing one of the three options listed on the back page of this agenda.
ADJOURN TO CLOSED SESSION
A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8:
1) (Successor Agency)
Property: 18.73-acre site, located on Desert Willow Drive, northwest of Market Place (APNs 620-450-012, 013, 014).
City Negotiator: Todd Hileman/Martin Alvarez
Other Party Negotiator: Family Development Group, Inc.
Property Owner: Successor Agency to Palm Desert Redevelopment Agency
2) (Successor Agency)
Property: Approximately 93-acre portion of the 128-acre site, located west of Portola Avenue and south of Gerald Ford Drive (APNs 694-310- 002, 003, and a portion of 694-310-006).
City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja
Other Party Negotiator: Refuge Palm Desert, LLC
Property Owner: Successor Agency to Palm Desert Redevelopment Agency
B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2):
1) Potential cases: 2
RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MEETING – 4:00 P.M.
a) Roll Call
b) Pledge of Allegiance to the Flag – Councilmember Gina Nestande c) Inspiration/Invocation – Mayor Jan C. Harnik
REPORT ON ACTION FROM CLOSED SESSION
AWARDS, PRESENTATIONS, AND APPOINTMENTS
AGENDA JANUARY 13, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 3
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
NON AGENDA PUBLIC COMMENTS: This is an opportunity for the public to speak on issues that are not on the agenda for a maximum of three minutes. Speakers may utilize one of the three options listed on the back page of this agenda.
Because the Brown Act does not allow the City Council, Successor Agency, and Housing Authority Boards to take action on items not on the Agenda, members may briefly respond or instead refer the matter to staff for report and recommendation at a future City Council, Successor Agency, or Housing Authority Meeting.
CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and may be approved by one (1) Minute Motion.
1. MINUTES of the regular City Council, Successor Agency, and Housing Authority Meeting of November 18, 2021 (CC) (SA) (HA)
Rec.: Approve as presented.
2. APPROVE 2021 CLAIMS AND DEMANDS WARRANTS: City: 11/30/2021, 12/7/2021, 12/10/2021, 12/14/2021, 12/17/2021, 12/20/2021 and 12/28 - 12/31/2021 (CC); Successor Agency: 12/3/2021 and 12/17/2021 (SA); and City and Housing Authority:
12/3/2021, 12/10/2021 and 12/17/2021 (CC & HA)
Rec.: Receive and file.
3. REQUEST TO AUTHORIZE findings that the State of California continues in a Governordeclared state of emergency (AB361) to combat the COVID epidemic, that state and local health officials are recommending social distancing, and consequently that the City Council and its other Brown-Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e) (CC)
Rec.: The City Council hereby finds the State of California continues in a Governordeclared state of emergency to combat the COVID epidemic, that state and local health officials are recommending social distancing, and consequently that the City Council and its other Brown-Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e).
AGENDA JANUARY 13, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 4
4. ORDINANCE NO. 1373: Adopt an urgency ordinance of the City Council of the City of Palm Desert, California, amending Chapter 25.34 (special use provisions) and adding Chapter 26.30 (urban lot splits) of the City of Palm Desert Municipal Code relating to urban lot splits and two-unit projects and determining the ordinance to be exempt from
CEQA (CC)
Rec.: Waive further reading and readopt Urgency Ordinance No. 1373.
5. RESOLUTION NO. SA-RDA-088: Adopt a Recognized Obligation Payment Schedule and Administrative Budgets for the fiscal period from July 1, 2022 through June 30, 2023, pursuant to Health and Safety Code Section 34177 and taking certain related actions (SA) Rec.: Waive further reading and adopt.
6. RESOLUTION NO. SA-RDA-089: Approve a Purchase and Sale Agreement between the Successor Agency to the Palm Desert Redevelopment Agency and Refuge Palm Desert, LLC. for an approximately 93-acre site west of Portola Avenue and south of Gerald Ford Drive (SA40990A) (SA)
Rec.: By Minute Motion, that the Successor Agency Board waive further reading and adopt Resolution No. SA-RDA-089, approving a Purchase and Sale Agreement (PSA) between the Successor Agency to the Pam Desert Redevelopment Agency (SARDA) and Refuge Palm Desert, LLC. (Developer), for an approximately 93- acre site, west of Portola Avenue and south of Gerald Ford Drive, with a purchase price of $5,595,105 (Fair Market Value) (APNs 694-310-002, 003, and a portion of 006).
7. RESOLUTION NO. SA-RDA-090: Approve a Purchase and Sale Agreement between the Successor Agency to the Palm Desert Redevelopment Agency and Family Development Group, Inc. for an 18.73-acre site known as Desert Willow Lot Pad C (SA4100A) (SA) Rec.: By Minute Motion, that the Successor Agency Board waive further reading, and adopt Resolution No. SA-RDA-090, approving a Purchase and Sale Agreement (PSA) between the Successor Agency to the Pam Desert Redevelopment Agency (SARDA) and Family Development Group, Inc. (Developer), for an 18.73-acre site, known as Desert Willow Lot Pad C, with a purchase price of $5,165,000 (Fair Market Value), located on Desert Willow Drive, northwest of Market Place (APNs 620-450-012, 013, 014).
8. RESOLUTION NO. 2022-01: Authorize the destruction of records from the Department of Development Services, as indicated on the records retention schedule (adopted October 29, 2020). Records from 1996 through 2019 (CC)
Rec.: Waive further reading and adopt.
AGENDA JANUARY 13, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 5
9. REQUEST TO APPROVE Amendment No. 2 to the Agreement for Law Enforcement Services with the County of Riverside (C38780) (CC)
Rec.: By Minute Motion, approve the second amendment to Contract No. C38780 for law enforcement services between the City of Palm Desert and the County of Riverside.
10. REQUEST TO APPROVE Amendment No. 3 to contract with Michael Baker International, Inc. of Palm Desert, California for On-Call City Surveying, City Engineer and Plan Review Services in an amount not to exceed $305,000 (C40520) (CC) Rec.: By Minute Motion:
1. Approve Amendment No. 3 to Contract No. C40520 with Michael Baker International, Inc. of Palm Desert, California for On-Call City Surveying, City Engineer and Plan Review Services in an amount not to exceed $305,000;
2. Appropriate $180,000 from Unobligated General Funds to Account No. 1104300- 4301000; and
3. Authorize the City Manager or their designee to execute said Amendment and any additional contract amendments.
11. REQUEST TO APPROVE a backup location for the Open-Air shopping market on San Pablo (CC)
Rec.: By Minute Motion, authorize the road closure on San Pablo Avenue between Magnesia Falls and Fred Waring, Saturday, and Sunday from January 15 through May 15, 2022.
12. REQUEST TO APPROVE a declaration of surplus property, and authorize to donation or disposal as appropriate (CC)
Rec.: By Minute Motion, declare the item listed on the attached “Exhibit A” as surplus, and grant authorization to donate or dispose as appropriate.
13. RECEIVE AND FILE the resignation of Juan Mireles from the Architectural Review Board and the Housing Commission. (CC)
Rec.: Receive and file with sincere regret.
14. RECEIVE AND FILE the resignation of Donna Jean Darby from the Cultural Arts Committee. (CC)
Rec.: Receive and file with sincere regret.
AGENDA JANUARY 13, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 6
ACTION CALENDAR
15. ORDINANCE NO. 1374: Update Palm Desert Municipal Code sections relative to organic waste recycling requirements to comply with Senate Bill 1383 (1st reading) (CC)..............Page Rec.: Waive further reading and pass to second reading amending Chapters 1.04 (General Provisions), 1.08 (Citations for Code Violations), 1.12 (General Penalty),
3.30 (Purchasing System and Public Works Contracts), 8.12 (Trash Enclosures),
8.16 (Solid Waste), 8.17 (Recyclable Materials), 8.19 (Automated Collection of Solid Waste, Recycling and Green Waste for All Residents), 8.80 (Administrative Remedies), 8.81 (Administrative Citations), 15 (Building and Construction), and
24.04 (Water-Efficient Landscape) of the Palm Desert Municipal Code to update organic waste recycling requirements for residents and businesses in compliance with state law (California Senate Bill 1383).
16. RESOLUTION NO. 2022-02: Rescind Resolution No. 2021-25 and updating the Homelessness Taskforce Bylaws; and appoint members to serve on the Homelessness Taskforce (CC)
Rec.: By Minute Motion:
1. Approve Resolution No. 2022-02 rescinding Resolution No. 2021-25 and updating the Homelessness Taskforce Bylaws; and
2. Appoint the following to the Homelessness Taskforce for a term ending June 30, 2023:
• Patricia Ann Munson, Community Member
• Randy Florence, Business Member
• Davis Meyer, Alternate
3. Appoint the following to the Homelessness Taskforce for a term ending June 30, 2025:
• Jeremy Wittie, Community Member
• Diane Vines, Business Member
• Cindy Burreson, Alternate
17. REQUEST TO APPROVE Amendment No. 1 to Contract No. C37040B with Southstar Engineering and Consulting of Riverside, California in an amount not to exceed $350,000 for additional construction management services related to President’s Plaza East and West Parking Lot Improvements (Project No. 758-14) (CC)
Rec.: By Minute Motion:
1. Approve Amendment No. 1 to Contract No. C37040B with Southstar Engineering and Consulting of Riverside, California in an amount not to exceed $350,000;
2. Appropriate $350,000 from the Unobligated General Fund to Account No. 4004692-4400100 as well as the transfers in/out for the appropriation; and
3. Authorize the City Manager or designee to execute said amendment.
AGENDA JANUARY 13, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 7
18. REQUEST TO APPROVE the annual Council Liaison Assignments for calendar year 2022. (CC)
Rec.: Approve as presented.
19. REQUEST TO APPOINT Two (2) City Councilmembers to the Palm Desert iHUB Advisory Board (CC)
Rec.: By Minute Motion appoint two (2) City Councilmembers to the Palm Desert iHUB Advisory Board.
20. REQUEST FOR DIRECTION for a “Bicycle Rack Incentive Program” for private commercial properties (CC)
Rec.: By Minute Motion:
1. Provide direction for a “Palm Desert Bicycle Rack Incentive Program” for private commercial properties; and
2. Provide staff direction on a maximum price per bicycle rack and bicycle rack design options.
21. REQUEST FOR DIRECTION on the meeting format for Committee, Commission and Council meetings (CC)
Rec.: By Minute Motion, provide staff with direction to continue committee, commission, and Council meetings as virtual meetings under the provisions of AB 361 with additional direction to continue to evaluate public health data and available options with the pending technology upgrades to the Administrative Conference Room and the remodel of the Council Chambers.
PUBLIC HEARING
22. ORDINANCE NO. 1375: Amend the Palm Desert Municipal Code, Chapter 25, modifying Section 25.60.60 (Public Hearing and Public Notice), adding Section 25.60.160 “Community Engagement,” and Chapter 5, Section 5.11 “Disclosures Upon Transfer of Residential Property” regulating the public engagement process (1st Reading) (CC) Rec.: Waive further reading and pass to second reading City Council Ordinance No. 1375, approving Zoning Ordinance Amendment 21-0002 to amend the Palm Desert Municipal Code, Chapter 25, modifying Section 25.60.60 (Public Hearing and Public Notice), adding Section 25.60.160 “Community Engagement,” and Chapter 5, Section 5.11 “Disclosures Upon Transfer of Residential Property” regulating the public engagement process.
AGENDA JANUARY 13, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 8
23. Redrawing of Council Member District Boundaries (CC) Rec.: By Minute Motion:
1. Receive a report from staff and the City’s redistricting consultant on the redistricting process and permissible criteria to be considered to redraw district boundaries; and
2. Conduct a public hearing to receive public input on district boundaries.
CITY MANAGER COMMENTS
ADJOURNMENT
AGENDA JANUARY 13, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 9
THREE OPTIONS FOR PARTICIPATING IN THE MEETING
Option 1 - To Participate by E-mail:
1. Send your comments by email to: [email protected] E-mails received by 12:00 noon prior to the start of the meeting will be made part of the record and distributed to the City Council. This method is encouraged because it will give Councilmembers the opportunity to reflect upon your input. Emails will not be read aloud.
Option 2 - To Participate and Provide Verbal Comments by Using Your Internet:
1. Access via https://www.cityofpalmdesert.org/zoom and click “Launch Meeting” or
2. Access www.zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572 Option 3 - To Listen and Provide Verbal Comments Using Your Telephone:
1. Dial any of the following based on your location: (669) 900-9128 or (213) 338-8477 or (669) 219-2599 or (971) 247-1195 or (253) 215-8782.
If there are high volumes of calls, please continue dialing until you connect successfully.
2. Enter the Meeting ID: 833 6744 9572 followed by #.
3. Indicate that you are a participant by pressing # to continue.
4. You will hear audio of the meeting in progress. Remain on the line if the meeting has not yet started.
5. During the meeting, Press *9 to add yourself to the queue and wait for City Clerk staff to announce your name/phone number. The City Clerk will unmute your line when it is your turn to speak. Limit your comments to three (3) minutes.
Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies regarding any item on this agenda, are available for public inspection at City Hall and on the City’s website at https://www.cityofpalmdesert.org by clicking “Council Agenda” at the top of the page.
Declaration of Posting:
I, Níamh M. Ortega, Deputy City Clerk of the City of Palm Desert, do hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and Housing Authority, was posted on the City Hall bulletin board no less than 72 hours prior to the meeting. Dated this 7
th day of January, 2022. Note: This agenda is subject to amendment up to 72 hours in advance of the meeting.
Níamh M. Ortega
_
Niamh M. Ortega, Deputy City Clerk