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Home My WebLink About2020-10-151 1 1 CITY OF PALM DESERT REGULAR PALM DESERT CITY COUNCIL (CC), SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY(SA), AND HOUSING AUTHORITY MEETING (HA). (VIRTUAL MEETING) MINUTES THURSDAY, OCTOBER 15, 2020 CALL TO ORDER: Mayor Nestande convened the meeting at 3:00 p.m. Present: Councilmember/Director/Member Jan C. Harnik Councilman/Director/Member Sabby Jonathan Mayor Pro TemNice ChairNice Chairman Kathleen Kelly Councilmember/Director/Member Susan Marie Weber Mayor/Chair/Chairman Gina Nestande Also Present: Randy Bynder, Interim City Manager/Interim Executive Director Robert W. Hargreaves, City Attorney Andy Firestine, Assistant City Manager Grace L. Rocha, Acting City Clerk/Acting Secretary PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: None ADJOURN TO CLOSED SESSION: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority OCTOBER 15, 2020 1) (Joint City Council and Successor Agency) City Property: APN 620-400-008, APN 620-420-024 - Desert Willow Golf Resort Overflow Public Parking Lot Agency Negotiator: Randy Bynder/Martin Alvarez Other Party Negotiator: Desert Wave Ventures, LLC Property Owner: City of Palm Desert And Successor Agency Property: APN 620-420-023 - Desert Willow Golf Resort Lot Pad B Agency Negotiator: Randy Bynder/Martin Alvarez Other Party Negotiator: Desert Wave Ventures, LLC Property Owner: Successor Agency 2) (City Council) City Property: Civic Center Park Cell Tower Property Negotiator: Randy Bynder/Andy Firestine Other Party Negotiator: TowerPoint Property Owner: City of Palm Desert B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(CC/SA): Potential cases 2 C. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d) (1) (CC): 1) Lorraine Salas and Karina Quintanilla v. City of Palm Desert, Riverside County Superior Court, Case No. PSC 1903800 Note: The following items were added to Closed Session by a 5-0 vote of the City Council. C. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d) (1) (CC): 2) Rodrigo M. Rodriguez v. City of Palm Desert Riverside County Superior Court, Case No. PSC 2004097 D. Conference with Legal Counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(d) (4) (CC): Potential Case 1 With City Council concurrence, Mayor Nestande adjourned the meeting to Closed Session of the City Council and Successor Agency at 3:01 p.m. She reconvened the meeting at 4:10 p.m. 2 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting OCTOBER 15, 2020 RECONVENE THE CITY COUNCIL. SUCCESSOR AGENCY. AND HOUSING AUTHORITY MEETING a) Roll Call: Harnik, Jonathan, Kelly, Weber, and Nestande b) Pledge of Allegiance to the Flag - Councilmember Jan C. Harnik c) Invocation - Mayor Pro Tem Kathleen Kelly REPORT ON ACTION FROM CLOSED SESSION Mr. Hargreaves requested the City Council add Items C2 and D to Closed Session. Upon motion by Harnik, second by Nestande, and 5-0 vote of the City Council, Items C2 and D were added to Closed Session (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None; ABSENT: None). PRESENTATIONS Chief Bill Weiser with Cal Fire/Riverside County Fire Department introduced himself noting he was appointed as the County Fire Chief on August 4, 2020. NON -AGENDA PUBLIC COMMENTS Andrew Foster, via email, requested the City Council support Proposition 16. CONSENT CALENDAR 1. MINUTES of the City Council, Successor Agency, and Housing Authority for the meeting of September 24, 2020. 2. APPROVE CLAIMS AND DEMAND WARRANTS - City: 09/4/20, 9/09/20, 09/11/20, 9/16/20-9/30/20, and 9/18/20; City and Housing: 9/18/20; Successor Agency: 09/18/20 (CC/HA/SA). 3. RECEIVE AND FILE the Parks and Recreation Committee Minutes for the Meeting of June 16, 2020 (CC). 3 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting OCTOBER 15, 2020 4. RESOLUTION NO. 2020 - 74 - A Resolution of the City Council of the City of Palm Desert, California, Granting the Appeal to Overturn Planning Commission Resolution No. 2779, Thereby Denying the Conditional Use Permit Case No. 19-0002 (AT&T-Smartlink, LLC, Applicant) (SBA 2012TC Assets, LLC, Appellant) (Continued from the meeting of September 24, 2020) (CC). This item was withdrawn from Consent Calendar due to the Applicant withdrawing the application. 5. APPROVE AWARD OF CONTRACT for On -Call Plumbing Services for Park and Landscape Facilities to Pro -Craft Construction, Inc., in an Amount Not to Exceed $40,000 Annually for a Period of Thirty (30) Months and Up to Three (3) One-year Contract Extensions (Contract No. C40620) (CC). 6. RECEIVE AND FILE Quarterly Report - Palm Springs International Airport Commission - City of Palm Desert's Appointed Representative Rolf Hoehn (CC). 7 AUTHORIZATION to Increase Plan Review/Inspection Service Contracts for Professional Services Agreements to Scott Fazekas & Associates, Willdan Engineering, and Interwest Consulting Group in the Amount of $150,000. The New Cumulative Total is $300,000. Funds Are Available in Fiscal Year 2020-2021 Budget (C38750 A-C) (CC). Removed for separate consideration under Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 8. APPROVE THE DESERT WILLOW UNIT MEMBERSHIP AGREEMENT for Golf -related Benefits Provided to Households at the Retreat at Desert Willow (Contract No. C40640) (CC). 9. AUTHORIZE PURCHASE of a Front End Loader from RDO Equipment Company, Riverside, California, in the Amount of $197,642.48. Funds are available in Account No. 5304310-4403000, Equipment Replacement (Contract No. C40680) (CC). Item No. 4 was withdrawn from Consent Calendar, and Councilman Jonathan requested Item No. 7 be removed for separate consideration. Upon Motion by Harnik, second by Weber, and 5-0 vote of the City Council, with the exception of Item Nos. 4 and 7, the remainder of Consent Calendar was approved as presented (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). 4 1 1 1 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting CONSENT ITEMS HELD OVER OCTOBER 15, 2020 7. AUTHORIZATION to Increase Plan Review/Inspection Service Contracts for Professional Services Agreements to Scott Fazekas & Associates, Willdan Engineering, and Interwest Consulting Group in the Amount of $150,000. The New Cumulative Total is $300,000. Funds Are Available in Fiscal Year 2020-2021 Budget (C38750 A-C) (CC). Councilman Jonathan moved to, by Minute Motion, authorize an additional expenditure of $75,000 total for professional services agreements to Scott Fazekas & Associates (C38750A), Willdan Engineering (C38750B), and Interwest Consulting Group (C38750C) for building plan review/inspection services for the fiscal year 2020-2021, with authorization to the City Manager to hire full-time people to fill the positions. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). ACTION CALENDAR 10. PROVIDE DIRECTION ON THE PLACEMENT OF ART IN THE SAN PABLO ROUNDABOUT(Continued from the meeting of September 10, 2020) (CC). Councilmember Harnik moved to, by Minute Motion, approved staff moving forward with the release of the San Pablo Roundabout Sculpture CaII for Entries. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). 11. APPROVAL OF PROPOSED 2020 NEW YEAR'S EVE EVENT (CC). Councilman Jonathan moved to, by Minute Motion: a) Approve and authorize expenditures in an amount not to exceed $30,000 ($20,000 to Drone Light Show and $10,000 to ancillary vendors) from the Fiscal Year 2020-2021 Budget for production of a proposed 2020 New Year's Eve Event; b) authorize City Manager to execute ancillary vendor contracts associated with production of the event in an amount not to exceed $10,000, with staff directed to explore partnerships with adjacent cities and sponsorship opportunities with other organizations i.e. Westfield Mall and Marriott, and that the focus is on making this a community event. Motion was seconded by Harnik and carried a 3-2 vote (AYES: Harnik, Jonathan, and Weber; NOES: Kelly and Nestande). 5 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting OCTOBER 15, 2020 12. AWARD OF CONTRACT FOR ONE QUAIL PLACE ROOF REPAIR AND CANDLEWOOD APARTMENTS ROOF REPLACEMENT TO BEST CONTRACTING SERVICES, INC., IN THE TOTAL AMOUNT OF $1,248,666 (CONTRACT NO. HA40260) AND AUTHORIZATION TO USE GARLAND /DBS, INC., FOR THE PURCHASE OF ROOF MATERIALS AND SUPPLIES IN THE AMOUNT OF $511,164.19 (CONTRACT NO. HA40650) (HA). Vice Chairman Kelly moved to, by Minute Motion: a) Reject lowest bid submitted by Chapman Coast Roof Company, Inc., as non -responsive (lack of bid bond) ; b) award Contract No. HA40260 to Best Contracting Services, Inc., Gardena, California, for One Quail Place Roof Repair and Candlewood Apartments Roof Replacement in the total amount of $1,248,666; c) authorize the use of Garland/DBS, Inc., (Contract No. HA40650) for the purchase of roof materials and supplies pursuant to 3.30.160(E) of the Palm Desert Municipal Code, necessary to complete this Project in the amount of $511,164.19; d) authorize Director of Finance to set aside 10% contingency for unforeseen conditions in the amount of $124,867; e) authorize the Executive Director or designee to review and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount; f) authorize Executive Director or designee to execute the Notice of Completion (NOC) and the Secretary to file the NOC, upon satisfactory completion of the Project; g) authorize the Executive Director and/or designee to take any necessary actions to facilitate the contract and execute any documents necessary to effectuate the action taken herewith. Funds are available in Fiscal Year 2020-2021 Authority's Capital Replacement Budget. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). 13. AWARD OF CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES FOR PRESIDENT'S PLAZA EAST AND WEST PARKING LOT IMPROVEMENTS TO SOUTHSTAR ENGINEERING & CONSULTING, INC., IN THE AMOUNT OF $853,960 (PROJECT NO. 758-14) (CONTRACT NO. C37040B) (CC). Councilmember Harnik moved to, by Minute Motion: a) Award Contract No. C37040B in the amount of $853,960 to Southstar Engineering & Consulting, Inc., Riverside, California, for construction management services for the President's Plaza Parking Improvements project; b) authorize the Mayor to execute the Agreement. Funds for this contract are available in Account No. 4514692- 4400100 Capital Bond Funds. Based on the current project estimate, an appropriation will be required at the time of contract award for construction. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). 6 1 1 1 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting OCTOBER 15, 2020 14. AUTHORIZE STAFF TO NEGOTIATE A CONTRACT WITH THE ALTUM GROUP TO UPDATE PLANS FOR PHASE II ALESSANDRO ALLEY IMPROVEMENTS (CONTRACT NO. C40670) (CC). Councilmember Kelly moved to, by Minute Motion, authorize staff to negotiate a contract with The Altum Group to update the plans for the Phase II Alessandro Alley Improvements, and authorize Interim City Manager to execute the contract. Funds are available for the design in Account No. 4514341-4400100, Capital Bond Funds for the Alessandro Alley Improvements, with direction to staff to continue exploring all actions associated with the acquisition of the vacant parcels. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). 15. RESOLUTION NO. 2020 - 75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS CONTINUED SUPPORT FOR A COMPREHENSIVE ANALYSIS OF WATER IMPORT ALTERNATIVES AS PART OF THE LONG-TERM SOLUTION FOR THE SALTON SEA (CC). Councilmember Weber recused herself from this item. Mayor Pro Tem Kelly moved to waive further reading and adopt Resolution No. 2020 - 75, and appointed Councilmember Jan C. Harnik to the Salton Sea Engagement Committee and Mayor Pro Tem Kathleen Kelly as the Alternate. Motion was seconded by Jonathan and carried by a 4-0 vote (AYES: Harnik, Jonathan, Kelly, and Nestande; NOES: None; ABSENT: Weber). INFORMATION ITEMS None PUBLIC HEARING 16. ORDINANCE NO. 1357 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN EXTENSION OF THE TEMPORARY 45-DAY INTERIM URGENCY ORDINANCE ESTABLISHING A MORATORIUM ON THE ISSUANCE OF SHORT-TERM RENTAL PERMITS WITHIN ALL PLANNED RESIDENTIAL ZONING DISTRICTS UNLESS THE OWNER CAN PROVIDE WRITTEN APPROVAL FROM A HOMEOWNERS' ASSOCIATION (HOA) THAT SHORT-TERM RENTALS ARE PERMITTED WITH THE HOA UNTIL A SUBSEQUENT ORDINANCE BECOMES EFFECTIVE, BUT FOR A PERIOD NOT TO EXCEED SIX MONTHS (CC). Mayor Nestande recused herself from this item. 7 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting OCTOBER 15, 2020 Mayor Pro Tem Kelly declared the public hearing open and invited public testimony, and at the conclusion of hearing all speakers, she declared the public hearing closed. Councilman Jonathan moved to waive further reading and adopt Ordinance No. 1357. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Harnik, Jonathan, Weber, and Kelly; NOES: None; ABSENT: Nestande). 17. ORDINANCE NO. 1358 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND A ZONING ORDINANCE AMENDMENT TO REVISE PALM DESERT MUNICIPAL CODE SECTION 25.34.030 "ACCESSORY DWELLING UNITS" AND MODIFY SECTION 25.10.030 "RESIDENTIAL ALLOWED LAND USES AND PERMIT REQUIREMENTS," SECTION 25.18.040 "DOWNTOWN LAND USE AND PERMIT REQUIREMENTS" AND SECTION 25.99.020 "LAND USE DEFINITIONS" TO COMPLY WITH STATE LEGISLATION PERTAINING TO ACCESSORY DWELLING UNITS (ADu) AND JUNIOR ACCESSORY DWELLING UNITS (JADu), CASE NO: ZOA 20-0001 (CC). Mayor Nestande declared the public hearing open and invited public testimony. With no testimony offered, she declared the public hearing closed. Mayor Pro Tem Kelly moved to waive further reading and pass Ordinance No. 1358 to second reading. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). MAYOR/COUNCILMEMBER REPORTS AND REQUEST FOR ACTION Reports: 1. JPIA Conference - Councilmember Jan Harnik noted Administrative Services Director Lori Carney was a panelist at the Conference, and she did a great job covering risk management associated with COVID-19 in the workplace. 2. Art In Public Places & Public Safety Committee - Councilmember Susan Marie Weber thanked committee members of these two bodies for participating in the Zoom meetings, including staff for efficiently setting them up. She noted Interim City Manager Randy Bynder has been able to join these meetings to meet some of the members, which they appreciated. 8 1 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting OCTOBER 15, 2020 3. Leaaue of California Cities Conference (LOCC) - Mayor Pro Tem Kelly stated that attending these types of conferences are a great opportunity for both Councilmembers and staff to be inspired and to receive good information about best practices. One takeaway was the following words of inspiration, "The goal should not be to tolerate each other, but to appreciate each other." Request for Action: 1. Update on the Economic Development Strateaic Plan Goals & Obiectives - Councilmember Harnik said goals and objectives were set about three years ago and she would like a written report on what has been achieved. 2. Respond to Constituent - Mayor Pro Tem Kelly stated Council received a written submission from Christine Eilman, the owner/operator of "You Dirty Dog," expressing concerns about the project on San Pablo. In particular, the increased presence of homeless after completion of the project. She requested staff reach out to Ms. Eilman and deploy outreach workers if there is an opportunity to engage the folks there and connect them with appropriate services. 3. Reauest for more COVID Testing - Mayor Nestande stated that after sitting in on the County Supervisor's meeting for the public health updates, the Coachella Valley and Riverside County is doing great as a whole in terms of hospitalization rates of COVID patients. However, there is not enough testing being done, so she is trying to get the word out to encourage people to do so. Although, the City, in conjunction with Borrego Community Health Foundation has been conducting testing every two weeks, she would like to see it be done weekly to avoid going back to the purple tier. She didn't know if there was funding available for this, but would like staff to look into the matter. CITY MANAGER COMMENTS 1. Soft Opening of City Hall - Randy Bynder announced the City will have a soft opening in Development Services for Planning and Code Compliance on Tuesday, October 20. The departments will be open three days a week 8:00 a.m. to noon by appointment. Mask and social distancing will be required. A designated greeter will assist the public at the entrance. The plan is to have A and B teams alternating at City Hall to avoid having everyone return all at once. Staff will monitor the situation and modify as needed. MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting OCTOBER 15, 2020 2. City Hall is an Official Voting Ballot Drop-off Location - reported the City is averaging about 1,000 ballots a day. In -person voting will be available at various locations starting on October 23. For those wishing to track their ballot, they can register at WheresMvBallot.sos.ca.aov 3. Lupine Public Plaza - Director of Community Development Ryan Stendell went live from Lupine Plaza to provide the City Council and the public a tour of the outdoor set up. Mr. Stendell noted the Economic Development team began pushing out communications to local restaurants to let them know this space is available for their use. ADJOURNMENT With City Council/Successor Agency/Housing Authority concurrence, the meeting was adjourned at 6:50 p.m. ATTEST: n AA1' 71/61)A4 GINA NESTANDE MAYOR/CHAIR/CHAIRMAN Actef--- 26-4(_. GRACE L. ROCHA, ACTING CITY CLERK AND ACTING SECRETARY 10