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 27, 2022
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 27, 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
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 – Mayor Jan C. Harnik c) Inspiration/Invocation – Mayor Pro Tem Sabby Jonathan
REPORT ON ACTION FROM CLOSED SESSION
AWARDS, PRESENTATIONS, AND APPOINTMENTS
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
AGENDA JANUARY 27, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 3
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 December 16, 2021 (CC) (SA) (HA) ........................................................Page 9 Rec.: Approve as presented.
2. APPROVE CLAIMS AND DEMANDS WARRANTS: City: 1/7/2022 (CC); Successor Agency: 1/7/2022 (SA)...............................................................................Page 23 Rec.: Receive and file.
3. RECEIVE AND FILE applications for an Alcoholic Beverage License for Gastro Grind Burgers – 73850 Highway 111 Ste B & C (CC) .........................................Page 41 Rec.: Receive and file.
4. ORDINANCE NO. 1374: Update Organic Waste Recycling Requirements to the City Municipal Code to Comply with Senate Bill 1383 (2nd reading) (CC)............Page 45 Rec.: Waive further reading and adopt.
5. RESOLUTION to authorize new account signers for the Riverside County Treasurer’s Pooled Investment Fund (CC) (SA) .........................................................Page 125 Rec.: Waive further reading and adopt.
6. RESOLUTION to approve Civic Engagement Committee bylaws (CC)... Page 131 Rec.: Waive further reading and adopt.
AGENDA JANUARY 27, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 4
7. RESOLUTION to authorize the destruction of paper records that have been digitally imaged from the Development Services Department (Planning/Land Development Division) to rely on the electronic record as the official record. (CC) .......Page 135 Rec.: Waive further reading and adopt.
8. REQUEST TO APPROVE a contract with Romo Studios, LLC, in the amount of $188,390 for replacement of the bronze boy of For Our Freedom located at Freedom Park (CC) ..................................................................................................................... Page 143 Rec.: By Minute Motion:
1. Approve Contract with Romo Studios, LLC, in the amount of $188,390 for replacement of the bronze boy of For Our Freedom located at Freedom Park; and
2. Authorize the Mayor to execute said Contract and allow the City Attorney to make non-substantive changes.
9. REQUEST TO APPROVE a contract between the City of Palm Desert and FG Creative, to provide advertising services for the El Paseo Parking & Business Improvement District, Merchant Outreach and advertising services for the Palm Desert Aquatic Center, to recognize the reassignment of work due to the separation of FG Creative from CV Strategies (CC) .........................................................................................................Page 165 Rec.: By Minute Motion:
1. Approve Contract with FG Creative, Inc. to provide advertising services and Merchant Outreach services for the El Paseo Parking & Business Improvement District (EPPBID), and advertising services for the Palm Desert Aquatic Center (PDAC);
2. Authorize the City Attorney to make non-substantive changes to the contract and the Mayor to execute the agreement on behalf of the City; and
3. Terminate contracts No. C37060, A39220 and A42650.
10. REQUEST TO APPROVE the 2022 Palm Desert Half Marathon and 5K Event (CC) .................................................................................................................Page 177 Rec.: By Minute Motion:
1. Approve the 2022 Palm Desert Half Marathon and 5K scheduled for Sunday, February 13, 2022;
2. Approve the proposed event route and road closures;
3. Temporary waive the Palm Desert Municipal Code (PDMC) Section 11.01.140 (Amplified Sound);
4. Temporary waive the Palm Desert Municipal Code (PDMC) Section 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC
9.58.040; and
5. Temporary waive the Palm Desert Municipal Code (PDMC) Section 11.01.080 (Prohibited Conduct Generally in City Parks, Item Q – Vendor Sales AGENDA JANUARY 27, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 5
11. REQUEST TO AUTHORIZE the City Manager to Purchase a Patrol BMW Motorcycle for the Palm Desert Police Department from BMW Motorcycles of Riverside, California pursuant to PDMC Chapter 3.30.160 (E) and (I) (CC) .............................Page 187 Rec.: By Minute Motion, authorize the City Manager to Purchase a Patrol BMW Motorcycle for the Palm Desert Police Department from BMW Motorcycles of Riverside, California pursuant to PDMC Chapter 3.30.160(E) and (I).
12. RECEIVE AND FILE the annual Low and Moderate Income Housing Asset Fund Report relative to SB 341 ....................................................................................Page 189 Rec.: Receive and file.
13. RECEIVE AND FILE the resignation of Susan Myrland from the Cultural Arts Committee. (CC) .........................................................................................................Page 199 Rec.: Receive and file with sincere regret.
ACTION CALENDAR
14. RESOLUTION to approve signature authority for all California Department of Resources Recycling and Recovery (CalRecycle) grants for which the City of Palm Desert is eligible (CC)............................................................................................................. Page 201 Rec.: Waive further reading and adopt.
15. REQUEST TO AUTHORIZE the City Manager to negotiate a contract with Kemper Sports for the maintenance and operations of the Desert Willow Golf Resort (Contract No.
C42210) (CC) ..........................................................................................Page 205 Rec.: By Minute Motion, authorize the City Manager to negotiate a contract with Kemper Sports Management (“Kemper”) for the management and operations of the Desert Willow Golf Resort and return to the City Council for consideration.
16. REQUEST TO APPROVE the creation of an Ad Hoc Subcommittee for the Fourth Fire Station Design/Build (CC)............................................................................ Page 211 Rec.: By Minute Motion, By Minute Motion that the City Council:
1. Create an Ad Hoc Sub-Committee for the Fourth Fire Station Design/Build; and
2. Appoint two members of City Council to serve on said committee.
AGENDA JANUARY 27, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 6
17. REQUEST FOR DIRECTION on consideration of future City Council adoption of a resolution calling for a ballot measure on five districts (CC)..................... Page 213 Rec.: By Minute Motion provide staff feedback and direction on the consideration of a possible Council-initiated five district ballot measure for the 2022 ballot.
18. REQUEST FOR DIRECTION regarding Portola Avenue / I-10 Interchange improvements (Project No. 637-02) (CC) ......................................................................Page 217 Rec.: By Minute Motion:
1. Direct the City Manager or designee to work with Coachella Valley Association of Governments to return the remaining City bond funds on deposit for the Portola Avenue / I-10 Interchange Improvements project;
2. Direct the City Manager or designee to work with Riverside County Transportation Commission on repurposing the Measure A set aside for the Portola Avenue / I-10 Interchange Improvements project;
3. Direct staff to the City Manager or designee to work with County of Riverside to remove the aesthetic treatments from the design until such time that there is construction funding for the project; and
4. City Council re-affirms its commitment to the Portola/I-10 interchange project and directs staff to continue pursuing funding opportunities for the project.
PUBLIC HEARING
19. RESOLUTION to approve a Historic District Designation for Sandpiper Condominiums Circle 2 located on El Paseo (CC) ...........................................................Page 227 Rec.: Open public hearing and continue item to meeting of February 10, 2022.
20. RESOLUTION to approve a Historic District Designation for Sandpiper Condominiums Circle 3 located on El Paseo (CC) ...........................................................Page 229 Rec.: Open public hearing and continue item to meeting of February 10, 2022.
21. ORDINANCE NO. 1375: Continued item for consideration of approval to the City Council for 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. (Continued from the meeting of January 13, 2022) (1st Reading) (CC) ………………….Page 231 Rec.: Waive further reading and pass to second reading Ordinance 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 27, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 7
22. PUBLIC HEARING on the Redrawing of Council Member District Boundaries (CC) .................................................................................................................Page 259 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.
23. CONSIDERATION of an amendment to the Specific Plan, Precise Plan, Tentative Tract Map, and the Disposition and Development Agreement for DSRT Surf, a resort development inclusive of a 5.5-acre surf lagoon and surf center facility, a four-story 92-room hotel, and 83 residential units on a vacant 17.69-acre site; and an addendum of the Environmental Impact Report for the DSRT SURF project located on the west side of Desert Willow Drive (CC). ..................................................................................................................... Page 276 Rec.: Waive further reading and adopt the following City Council Resolution in support of the DSRT SURF Project:
1. Adopt City Council Resolution approving Case Nos. Amendment No. 1 to SP 18- 0002, PP 18-0009, TTM 37639, and an addendum to the EIR for the DSRT SURF Project, subject to the conditions of approval; and
By Minute Motion:
1. Approval of a Revised and Restated Disposition and Development Agreement (DDA) between the City of Palm Desert and Desert Wave Ventures, LLC;
2. Approval of a Transient Occupancy Tax (TOT) Agreement as-to-form with Desert Wave Ventures, LLC, in an amount not to exceed $16.1 million for the operation of a 92-room AAA four-diamond hotel located on Parcel B within the Desert Willow Golf Resort;
3. Authorize the Mayor to execute said Agreements;
4. Authorize the City Manager to make non-substantive changes to the DDA and TOT Agreement as needed prior to execution by the Mayor;
5. Authorize the City Manager to draft, negotiate, and execute other supporting agreements that may be required by the DDA, including an Acquisition Agreement as to form and the attached City Cost Reimbursement Agreement as to form;
6. Authorize the City Manager to execute said agreements; and
7. Appropriate $20 million to Fund 451 for costs associated with the public improvements at identified sites of the Project. These funds are reimbursable from the associated residual bond proceeds and controlled by the attached Acquisition Agreement as-to-form.
CITY MANAGER COMMENTS
ADJOURNMENT
AGENDA JANUARY 27, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Agenda Page 8
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 20th 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