CITYOFPALM DESERT
PALM DESERT CITY COUNCIL (CC),
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA),
AND HOUSING AUTHORITY (HA) MEETING
(HYBRID MEETING)
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260
REGULAR MEETING AGENDA
Thursday, December 15, 2022
3:30 p.m. Closed Session
4:00 p.m. Regular Session
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be inperson access to the meeting location.
WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website www.cityofpalmdesert.org, under the “Council Agenda” link at the top of the homepage, or on the City’s YouTube Channel.
OPTIONS FOR PARTICIPATING IN THIS MEETING: Attend the meeting in our Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, CA 92260. To participate by email, internet, or phone, please see the detailed instructions on the last page of this agenda.
AGENDA Thursday, December 15, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
CLOSED SESSION: 3:30 P.M.
CALL TO ORDER
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the three-minute time limit. Speakers may attend in person or utilize one of the three options listed on the last page of this agenda.
RECESS TO CLOSED SESSION
CLOSED SESSION AGENDA
A. Closed Session Meeting Minutes: November 17, 2022
B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8:
1. Property Description: 73-710 Fred Waring Drive, Suite 102A Agency: City of Palm Desert
City Negotiator: Todd Hileman/Veronica Chavez
Negotiating Parties: Congressman Ken Calvert, 41st District Under Negotiation: Price and Terms
C. Conference with Legal Counsel regarding 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 create significant exposure to litigation.
4:00 P.M. REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE: Councilmember Kelly
INSPIRATION/INVOCATION: Mayor Harnik
REPORT OF CLOSED SESSION: City Attorney Hargreaves
AWARDS, PRESENTATIONS, AND APPOINTMENTS:
A. ADOPT RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 8, 2022,
GENERAL MUNICIPAL ELECTION
RECOMMENDATION: Adopt a Resolution reciting the facts of the General Municipal Election held on November 8, 2022, declaring the results and such other matters as provided by law.
AGENDA Thursday, December 15, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
B. INSTALLATION OF NEW CITY COUNCILMEMBERS
C. APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM
CITY MANAGER COMMENTS
A. PUBLIC WORKS ACTIVITIES UPDATE – FACILITIES OPERATIONS AND
MAINTENANCE
B. AFFORDABLE HOUSING PROJECTS UPDATE
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
NON-AGENDA PUBLIC COMMENTS: This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may attend in person or utilize one of the three options listed on the last page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting.
1. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion.
A. APPROVAL OF FINDINGS RELATIVE TO AB 361 – REMOTE TELECONFERENCING RECOMMENDATION: Find that the State of California continues in a Governor-declared state of emergency to combat the COVID epidemic, that state and local health officials are recommending social distancing, and that the City may continue to employ remote teleconferencing.
B. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
RECOMMENDATION: Approve the Minutes of November 17, 2022.
C. APPROVAL OF WARRANTS
RECOMMENDATION: Approve warrants issued for the period of October 26, 2022, through December 2, 2022.
D. APPLICATION FOR AN ALCOHOLIC BEVERAGE LICENSE FOR D’COFFEE BOUTEAQUE, 73131 COUNTRY CLUB DRIVE, C1 & C2, PALM DESERT RECOMMENDATION: Receive and file the Alcoholic Beverage License application.
AGENDA Thursday, December 15, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
E. RESOLUTION TO ADOPT THE CITY OF PALM DESERT CONFLICT OF INTEREST
CODE PURSUANT TO THE POLITICAL REFORM ACT
RECOMMENDATION: Adopt a Resolution adopting a Conflict of Interest Code, incorporating disclosure categories and designated positions and rescinding Resolution No. 2020-78.
F. APPROVAL OF 2023 CITY COUNCIL LIAISON ASSIGNMENTS
RECOMMENDATION: Approve the 2023 City Council liaison assignments as proposed.
G. ADOPT RESOLUTION UPDATING THE CITYWIDE RECORDS MANAGEMENT
PROGRAM AND RETENTION SCHEDULES
RECOMMENDATION: Adopt a Resolution rescinding Resolution No. 2020-76 and approving the updated Citywide Records Management Program and Retention Schedules.
H. ADOPT RESOLUTION APPROVING SELECT FINANCIAL POLICIES RECOMMENDATION:
1. Adopt a Resolution approving financial policies FIN-008 Capital and Inventoriable Assets Management, FIN-009 Disposal of Surplus Property and Equipment, and FIN-010 Furniture Procurement Policy and Procedures.
2. Approve an effective date of July 1, 2022, to coincide with the City of Palm Desert’s fiscal year.
I. ADOPT RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 66000-66008 RELATING TO THE
DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2022
RECOMMENDATION: Adopt a Resolution accepting the Development Impact Fees Annual Report and making certain findings pursuant to the California Government Code.
AGENDA Thursday, December 15, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
J. APPROVE A CENTRAL INVENTORY OF SURPLUS LAND IN EXCESS OF FORESEEABLE NEED PURSUANT TO GOVERNMENT CODE SECTION 54230(A)(1)
IN CONNECTION WITH PROPERTIES OWNED BY THE CITY OF PALM DESERT,
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, AND
PALM DESERT HOUSING AUTHORITY, AND DIRECT THE REPORTING OF
INFORMATION REGARDING SUCH PROPERTIES TO THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PURSUANT TO GOVERNMENT CODE 54230(A)(2)
RECOMMENDATION:
1. Approve the “Central Inventory” of surplus land and land in excess of foreseeable need in connection with properties owned by the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, and Palm Desert Housing Authority, pursuant to Government Code Section 54230(a)(1).
2. Authorize staff to report to the California State Department of Housing and Community Development information about such properties pursuant to Government Code 54230(a)(2).
K. ADOPT A RESOLUTION DECLARING THREE (3) CITY OF PALM DESERT OWNED PROPERTIES AND A RESOLUTION DECLARING FOUR (4) PALM DESERT
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
OWNED PROPERTIES LOCATED ON ALESSANDRO DRIVE, SAN ANTONIO
CIRCLE, AND SAN CLEMENTE CIRCLE SURPLUS LAND AND AUTHORIZING
STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE SEVEN (7) PROPERTIES (Joint Consideration with Successor Agency Board) RECOMMENDATION:
1. Adopt a Resolution declaring City of Palm Desert owned properties located at Alessandro Drive (APN 627-071-065), 44845 San Clemente Circle (APN 627-071-070), and 44889 San Clemente Circle (APN 627-071-071) surplus for the purposes of the Surplus Land Act.
2. Adopt a Resolution declaring Palm Desert Successor Agency to the Redevelopment Agency properties located at 44870 San Antonio Circle (APN 627-071-067), 44850 San Antonio Circle (APN 627-071-068), 44887 San Antonio Circle (APN 627-071-069), San Clemente Circle (APN 627-074-014) surplus for the purposes of the Surplus Land Act.
3. Authorize staff to release a Notice of Availability for the sale of the seven (7) properties.
AGENDA Thursday, December 15, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
L. ADOPT A RESOLUTION DECLARING CITY OF PALM DESERT OWNED PROPERTIES LOCATED AT 44911 CABRILLO AVENUE (APN 625-082-022 AND APN 625-082-023) SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A
NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTIES
RECOMMENDATION:
1. Adopt a Resolution declaring City of Palm Desert properties located at 44911 Cabrillo Avenue (APN 625-082-022) and 44911 Cabrillo Avenue (APN 625-082-023) surplus land.
2. Authorize staff to release a Notice of Availability for the sale of the properties.
M. APPROVE A HOUSING AGREEMENT BY AND BETWEEN THE CITY OF PALM
DESERT AND PALM DESERT UNIVERSITY GATEWAY, LLC, FOR THE MILLENNIUM APARTMENT PROJECT LOCATED AT 74699 TECHNOLOGY DRIVE,
PALM DESERT
RECOMMENDATION:
1. Approve the Housing Agreement by and between the City of Palm Desert and Palm Desert University Gateway, LLC, in accordance with the conditions of approval of the development of 330 units known as Millennium Apartments, a multifamily rental housing project located at located at 74699 Technology Drive, Palm Desert.
2. Authorize the City Manager or his designee to finalize the Housing Agreement, and the documents described in the Agreement or otherwise deemed necessary or proper to effectuate the Housing Agreement and conditions of approval, with such changes thereto as the City Manager or his designee, in consultation with the City’s legal counsel, may deem appropriate or necessary and consistent with the purposes of the Housing Agreement and conditions of approval, with such approval to be conclusively evidenced by the execution and delivery thereof.
3. Authorize the Mayor and/or City Manager to execute and deliver, for and in the name of the City, the Housing Agreement and other documents, as described in Recommendation No. 2, and authorize the City Clerk to record the Housing agreement.
AGENDA Thursday, December 15, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
N. APPROVE A HOUSING AGREEMENT BY AND BETWEEN THE CITY OF PALM
DESERT AND GERALD FORD APARTMENTS, LP, FOR THE GERALD FORD APARTMENT PROJECT LOCATED AT 75580 GERALD FORD DRIVE,
PALM DESERT
RECOMMENDATION:
1. Approve the attached Housing Agreement by and between the City of Palm Desert and Gerald Ford Apartments, a California Limited Partnership, in accordance with the conditions of approval of the development, of 150 units known as Gerald Ford Apartments, a multifamily rental housing project located at located at 75580 Gerald Ford Drive, Palm Desert.
2. Authorize the City Manager or his designee to finalize the Housing Agreement, and the documents described in the Agreement or otherwise deemed necessary or proper to effectuate the Housing Agreement and conditions of approval, with such changes thereto as the City Manager or his designee, in consultation with the City’s legal counsel, may deem appropriate or necessary and consistent with the purposes of the Housing Agreement and conditions of approval, with such approval to be conclusively evidenced by the execution and delivery thereof.
3. Authorize the Mayor and/or City Manager to execute and deliver, for and in the name of the City, the Housing Agreement and other documents, as described in Recommendation No. 2, and authorize the City Clerk to record the Housing agreement.
O. ADOPT RESOLUTION TO AUTHORIZE DESTRUCTION OF OBSOLETE RECORDS
FROM THE HOUSING DIVISION
RECOMMENDATION: Adopt a Resolution authorizing the destruction of obsolete records from the Housing Division pursuant to the California Government Code Section 34090.
P. ACCEPT OFF-SITE IMPROVEMENTS, AUTHORIZE THE RELEASE OF BONDS FOR
THE PORTA VIA PROJECT, AND ACCEPT A MAINTENANCE BOND
RECOMMENDATION:
1. Accept off-site public improvements.
2. Authorize the Release of the Faithful Performance Bond in the amount of $80,261.78 and the Labor and Materials Bond in the amount of $80,261.78.
3. Accept the Maintenance Bond in the amount of $8,026.18.
Q. ADOPT MEMORANDUM OF UNDERSTANDING WITH FRIENDS OF THE DESERT
MOUNTAINS
RECOMMENDATION: Adopt Memorandum of Understanding with Friends of the Desert Mountains.
AGENDA Thursday, December 15, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
R. ADOPT RESOLUTION APPROVING FINAL SUBDIVISION MAP OF TRACT MAP NO. 37639
RECOMMENDATION: Adopt a Resolution approving Final Tract Map No. 37639.
S. AWARD A CONTRACT TO GARLAND/DBS, INC., FOR ROOF REPAIRS AND
RELATED SERVICES ON CITY-OWNED BUILDINGS IN AN AMOUNT NOT TO EXCEED $250,000 PER FISCAL YEAR
RECOMMENDATION:
1. Award a forty-two (42) month contract to Garland/DBS, Inc., for roof repairs and related services on City-owned Buildings under the Omnia Partners Contract No. PW1925 pursuant to Section 3.30.160 (E) and (L) of the City of Palm Desert Municipal Code in a total amount not to exceed $250,000 per fiscal year.
2. Confirm participation with the U.S. Communities Government Purchasing Alliance.
3. Authorize the City Attorney to negotiate the final Maintenance Services Agreement between the City and Garland.
4. Authorize the City Manager to review and approve up to two (2) one-year contract extensions for an amount not to exceed $250,000 per fiscal year.
5. Authorize the Mayor and/or the City Manager to execute the Agreement and any other documents necessary to effectuate the actions taken herewith.
CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time.
2. ACTION CALENDAR:
None.
3. PUBLIC HEARINGS: The public may comment on individual Public Hearing Items within the three-minute time limit. The applicant or appellant will be provided up to five minutes to make their presentation. Speakers may utilize one of the three options listed on the last page of this agenda.
A. CONSIDERATION FOR ADOPTION OF AN URGENCY ORDINANCE (ZOA 22-0005) AMENDING SECTION 25.34.030 OF THE PALM DESERT MUNICIPAL CODE (PDMC)
RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM
THE CALIFORNIA ENVIRONMENT QUALITY ACT (CEQA)
RECOMMENDATION:
1. Conduct the public hearing and receive public testimony.
2. Waive further reading and adopt an Urgency Ordinance amending Section 25.34.030 of the PDMC relating to accessory dwelling units and junior accessory dwelling units and determining the ordinance to be exempt from CEQA (Public Resource Code Section 21080.17).
AGENDA Thursday, December 15, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
B. SECOND READING AND ADOPTION OF ORDINANCE NO. 1388 AMENDING
SPECIFIED CHAPTERS OF THE PALM DESERT MUNICIPAL CODE TO ADOPT THE 2022 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, AND
RELATED CODES WITH SELECTED APPENDICES AND AMENDMENTS
RECOMMENDATION:
1. Open the Public Hearing, receive public testimony, and close the Public Hearing.
2. Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No 1388.
C. RESOLUTION TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A SUMMARY
VACATION FOR A PORTION OF THE RESTRICTED ACCESS EASEMENT LYING WITHIN PARCELS 6 AND 7 OF PARCEL MAP 36792 LOCATED NORTH OF GERALD FORD DRIVE, APPROXIMATELY 750 FEET WEST OF TECHNOLOGY DRIVE RECOMMENDATION:
1. Conduct the public hearing and receive public testimony.
2. Adopt a resolution adopting a Notice of Exemption in accordance with CEQA and approving a summary vacation for a restricted access easement lying within Parcels 6 and 7 of Parcel Map 36792.
D. CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A SUMMARY
VACATION OF AN UNUSED EXCESS PORTION OF RIGHT-OF-WAY LOCATED AT
THE NORTHERLY TERMINUS OF SANTA MARGARITA AVENUE ADJACENT TO 44525 SANTA MARGARITA AVENUE
RECOMMENDATION:
1. Conduct the public hearing and receive public testimony.
2. Adopt a resolution approving a Notice of Exemption in accordance with CEQA and a summary vacation of an unused portion of Santa Margarita Avenue located at the northerly terminus of Santa Margarita Avenue, generally at 44525 Santa Margarita Avenue.
AGENDA Thursday, December 15, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
E. RESOLUTION TO CONSIDER REVOCATION OF BUSINESS LICENSE CERTIFICATE NO. 13709873 FOR THE SWEET SPOT CLUB LOCATED AT
73338 HIGHWAY 111, #O, PALM DESERT, PURSUANT TO PALM DESERT MUNICIPAL CODE § 5.04.160
RECOMMENDATION:
1. Find that this report, including attachments, and any additional evidence provided at the hearing, provides satisfactory evidence to determine that:
A. Good and sufficient reasons have been provided to revoke the Sweet Spot Club’s business license to preserve the peace, health, safety, or general welfare of the city.
B. The Sweet Spot Club violated city and state laws.
C. The Sweet Spot Club is conducting a business other than that for which it is licensed.
2. Adopt a Resolution revoking Business License Certificate No. 13709873 for the Sweet Spot Club located at 73338 Highway 111, #O, Palm Desert, and making findings in support thereof.
4. INFORMATION ITEMS
None.
ADJOURNMENT
AGENDA Thursday, December 15, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
THREE OPTIONS FOR PARTICIPATING IN THE MEETING
OPTION 1: PARTICIPATE BY E-MAIL
Send your comments by email to: [email protected].
E-mails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the record and distributed to the City Council. This method is encouraged as it gives Councilmembers the opportunity to reflect upon your input. Emails will not be read aloud at the meeting.
OPTION 2: PARTICIPATE LIVE VIA ZOOM
1. Access via 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: PARTICIPATE LIVE VIA TELEPHONE
1. Dial any of the following: (669) 900-9128 or (213) 338-8477 or (669) 219-2599.
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 started.
5. During the meeting, press *9 to add yourself to the queue and wait for the Mayor or City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes.
___________________________________________________________________________
PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.cityofpalmdesert.org by clicking “Council Agenda” at the top of the page.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. ___________________________________________________________________________
AFFIDAVIT OF POSTING
I, Niamh 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 and City website www.palmdesert.org no less than 72 hours prior to the meeting. /S/ Níamh M. Ortega
Deputy City Clerk