HomeMy WebLinkAbout04 03-11-2021 - DRAFT MINUTESCITY 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)
DRAFT MINUTES
THURSDAY, MARCH 11, 2021
3:00 p.m. Closed Session
4:00 p.m. Regular Session
_______________________________________________________
CALL TO ORDER – 3:00 P.M.
Mayor Kelly convened the meeting at 3:00 p.m.
ROLL CALL
Present:
Mayor Pro Tem/Vice Chair/Vice Chairman Jan C. Harnik
Councilman/Director/Member Sabby Jonathan
Councilmember/Director/Member Gina Nestande
Councilmember/Director/Member Karina Quintanilla
Mayor/Chair/Chairman Kathleen Kelly
Also Present:
Todd Hileman, City Manager/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
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City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
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ADJOURN TO CLOSED SESSION:
A. Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
1) (Joint City Council and Housing Authority)
Property: Desert Rose Property, 75-406 Orange Blossom Lane, Palm Desert,
APN 634-062-013
Agency Negotiator: Todd Hileman/Janet Moore
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).
Potential cases: 2
With City Council concurrence, Mayor Kelly adjourned the meeting to Closed Session of the
City Council and Housing Authority at 3:02 p.m. She reconvened the meeting at 4:04 p.m.
RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY
MEETING
a) Roll Call: Harnik, Jonathan, Nestande, Quintanilla, and Kelly
b) Pledge of Allegiance to the Flag – Councilman Sabby Jonathan
c) Inspiration/Invocation – Mayor Pro Tem Jan C. Harnik
REPORT ON ACTION FROM CLOSED SESSION
Mr. Hargreaves reported the City Council took no reportable actions on items listed on today’s
agenda. However, a late emergency item was added relating to the City Council being served
by Vacation Rental Owners and Neighbors (VRON) of Palm Desert. He requested the City
Council formally add the item to the agenda by four-fifths vote, which had presented itself after
posting of the agenda.
C. Conference with Legal Counsel regarding existing litigation pursuant to Government
Code Section 54956.9(d)(1):
1) Vacation Rental Owners and Neighbors (VRON) of Palm Desert v. City of Palm
Desert, Riverside County Superior Court.
On a motion by Harnik, second by Nestande, and 5-0 vote of the City Council
(AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None), the
aforementioned case was added to the City Council agenda for Closed Session.
DRAFT MINUTES MARCH 11, 2021
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
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AWARDS AND PRESENTATIONS
1. PRESENTATION TO THE CITY COUNCIL BY SOUTHERN CALIFORNIA PUBLIC
AFFAIRS MANAGER DEBORAH MCGARREY REGARDING AN UPGRADE
PROJECT AT A PALM DESERT HOUSING AUTHORITY PROPERTY, ONE QUAIL
PLACE.
Presentation was provided by Deborah McGarrey, John Cullen, and Aaron Thomas.
They spoke about the partnership between SoCalGas, Southern California Edison, and
California Public Utilities Commission and what it took to accomplish their goal of
providing an upgrades to one of the City’s Palm Desert Housing Authority properties,
One Quail Place. This property has 37 buildings with a total of 384 units. The upgrades
included installation of domestic hot water broilers. These large boilers will bring about
a 15% gas saving, but the biggest value is the $1 million in equipment which came at
no cost to the City.
2. PRESENTATION OF PROCLAMATION, DECLARING FRIDAY, MARCH 12, 2021, AS
“LATINA HISTORY DAY” IN THE CITY OF PALM DESERT.
On behalf of the City Council, Mayor Kelly presented the proclamation to
Councilmember Quintanilla who was receiving it on behalf Hispanas Organized for
Political Equality (HOPE).
Councilmember Quintanilla read an email from the Chief Executive Officer Helen Torres
from HOPE expressing her appreciation to the City Council for this recognition.
2.1 INTRODUCTION OF THE NEW CITY MANAGER TO THE CITY OF PALM DESERT
TODD HILEMAN
Mayor Kelly introduced the new City Manager Todd Hileman, stating Council is very
pleased he has been on board since March 1.
Mr. Hileman appreciated the introduction, stating he looked forward to working with
Council and the community to keep Palm Desert moving forward.
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Redevelopment Agency, and Housing Authority Meeting
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NON-AGENDA PUBLIC COMMENTS
MR. TONY MORRIS stated he was a permanent Palm Desert resident. He believed his opinion
matters, and as the City grows, it’s important to have local representation. The idea of
establishing five districts in Palm Desert to create a more geographically and economically
representative Council, many residents would like to have this issue put forth to a vote by 2022.
The simplest and least expensive method to accomplish this is for Council to pass an
Ordinance. If Council does not act in a timely manner, local residents will need to introduce a
local ballot measure, especially now that COVID-19 is beginning to recede.
CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and may be approved
by one (1) Minute Motion.
3. MINUTES of the regular City Council, Successor Agency, and Housing Authority
meetings of February 25, 2021.
Rec: Approve as presented.
4. PARKS & RECREATION COMMISSION MINUTES for the meetings of October 6, 2020,
January 5, 2021, and February 2, 2021 (CC).
Rec: Receive and file.
5. APPROVE CLAIMS AND DEMAND WARRANTS – Successor Agency: 2/19/2021; and
Joint City/Housing: 2/19/2021.
Rec: Receive and file.
6. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by City Wok, 72840 Highway
111, Palm Desert (CC).
Rec: Receive and file.
This item received a 4-0-1 vote (AYES: Jonathan, Nestande, Quintanilla, and Kelly;
NOES: None; ABSTAINED: Harnik).
7. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Luna’s Pizza, Bar and Grill,
75046 Gerald Ford Drive, Suite B101, Palm Desert (CC).
Rec: Receive and file.
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8. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sakura Palm, 72355
Highway 111, Suite A, Palm Desert (CC)
Rec: Receive and file.
9. LETTER OF RESIGNATION – Carole Schaudt, Public Safety Commission (CC).
Rec: Receive and file with very sincere regret.
10. ORDINANCE NO. 1363 – An Ordinance of the City Council of the City of Palm Desert,
California, amending Palm Desert Municipal Code Section 2.34.010, to base
commissioner and committee member appointment terms upon the fiscal year
(This is the second reading of the Ordinance) (CC).
Rec: Waive further reading and adopt.
11. REQUEST FOR ACCEPTANCE of Median Improvements for Hovley Lane East, reduce
the Faithful Performance Bond, and release the Labor and Materials Bond for the
Toscana Country Club Project (Toscana Land, LLC, Applicant) (CC).
Rec: By Minute Motion: a) Accept median improvements to Hovley Lane East;
b) reduce the Faithful Performance Bond in the amount of $85,729.50; c) release
the Labor and Materials Bond in the amount of $47,627.50.
Upon motion by Nestande, second by Quintanilla, and 5-0 vote of the City Council,
the Consent Calendar was approved as presented (AYES: Harnik, Jonathan, Nestande,
Quintanilla, and Kelly; NOES: None), with the exception of Item 6, which received a
4-0-1 vote (AYES: Jonathan, Nestande, Quintanilla, and Kelly; NOES: None;
ABSTAINED: Harnik).
ACTION CALENDAR
12. REQUEST FOR AUTHORIZATION OF AWARD OF CONTRACT TO H&H GENERAL
CONTRACTORS, INC., FOR PRESIDENT’S PLAZA EAST AND WEST
IMPROVEMENTS IN THE AMOUNT OF $7,123,393.00 (PROJECT NO. 758-14)
(CONTRACT NO. C37040A) (CC).
Mayor Pro Tem Harnik moved to, by Minute Motion: a) Authorize award of the
subject Contract No. C37040A to H&H General Contractors, Inc., Highland, California,
for President’s Plaza East and West Improvements (Project No. 758-14) in the total
amount of $7,123,393.00; b) authorize the Director of Finance to set aside 10%
contingency for unforeseen conditions in the amount of $712,339.00; c) authorize the
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Redevelopment Agency, and Housing Authority Meeting
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City Manager or designee to review and approve written requests for the use of the
contingency for unforeseen conditions up to the contingency amounts; d) approve
Amendment No. 2 to Contract C37040 with Dudek of La Quinta, California, for additional
design and construction engineering support services in an amount not to exceed
$55,975; e) appropriate $1,200,000 from the Restricted Capital Project Fund 451 to
Account No. 4514692-4400100; f) authorize the Mayor to execute the agreements; as
amended to include item g) waive bid discrepancies and reject the bid protest. Funds
are available in Account No. 4514692-4400100, Capital Bond Funds. Motion was
seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande,
Quintanilla, and Kelly; NOES: None).
13. RESOLUTION NOS. 2021-05 AND 2021-06, APPROVE RESOLUTIONS OF
INTENTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT TO
ESTABLISH CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2021-
1 (UNIVERSITY PARK), AND AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN,
AND INCUR BONDED INDEBTEDNESS WITHIN THE PROPOSED COMMUNITY
FACILITIES DISTRICT, RESPECTIVELY (CC).
Mayor Pro Tem Harnik moved to waive further reading and adopt: a) Resolution
No. 2021 - 05, A Resolution of the City Council of the City of Palm Desert to establish
City of Palm Desert Community Facilities District No. 2021-1 (University Park), and
authorize the levy of a special tax within the City of Palm Desert Community Facilities
District No. 2021-1 (University Park); b) Resolution No. 2021 - 06, A Resolution of
Intention of the City Council of the City of Palm Desert to incur bonded indebtedness
within the proposed City of Palm Desert Community Facilities District No. 2021-1
(University Park). Motion was seconded by Nestande and carried by a 5-0 vote (AYES:
Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None).
14. ORDINANCE NO. 1364 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE
SECTION 2.34.010, TO RESTRICT RELATIVES OF CITY STAFF AND CITY COUNCIL
FROM SERVING ON ANY CITY COMMISSION OR COMMITTEE IF IT COULD ENTAIL
REVIEWING ONE ANOTHER’S WORK (This is the first reading of the Ordinance) (CC).
Councilmember Quintanilla moved to waive further reading and pass Ordinance
No. 1364 to second reading. Motion was seconded by Harnik and carried by a 3-2 vote
(AYES: Harnik, Quintanilla, and Kelly; NOES: Jonathan and Nestande).
INFORMATION ITEMS
None
DRAFT MINUTES MARCH 11, 2021
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
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PUBLIC HEARING
None
MAYOR/COUNCILMEMBER REPORTS AND REQUEST FOR ACTION
Councilmember Gina Nestande Report:
• Highlighting Community Leaders – reported she and Tourist and Marketing Manager
Thomas Soule have been in discussions to highlight what the City of Palm Desert is
doing with community leaders and local business this past year during the pandemic. In
these discussions, Mr. Soule had a great idea where she would interview Father Howard
Lincoln from Sacred Heart school/church and have him tell us what he experienced
during the pandemic. Mr. Soule would like other Councilmembers to also reach out to
community leaders that can be interviewed with the goal of packaging it out to the
community.
Mayor Kelly noted Mr. Soule has worked with each Councilmember on a particular
interview and at least one series of interviews has been released. She strongly
encouraged members of the public to visit the City’s website or Facebook page, because
these are sources of superb information to share.
Councilmember Karina Quintanilla Reports:
• Children’s Discovery Museum – announced Cindy Burreson is the new CEO of the
Children’s Discovery Museum. The organization is looking forward to moving ahead with
all the initiatives and plans in their reinvention and function of the museum.
• Art In Public Places Committee – there was an opportunity to hear from the artist Judy
Chicago. However, there was a change on the proposed site. Mr. Soule stated there
was a robust discussion on this issue, but he was not prepared to make any
announcements about the new location, because he wants to address a variety of issues
raised by the committee.
Councilman Sabby Jonathan Report:
• International Women’s Month – earlier this week was International Women’s Day, and
the theme for this year is #Choose to Challenge. Therefore, he challenged all the young
girls and ladies that might be tuning in to aspire to achieve everything they set out for
and if they need inspiration, just look at his colleagues on the City Council and learn
what a difference they’ve made in the community.
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Redevelopment Agency, and Housing Authority Meeting
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Mayor Pro Tem Jan C Harnik Reports:
• Women’s Council of Realtors – reported Mayor Kelly did a great job representing the
City at this event. She said her presentation was very polished and did a wonderful
representation of the community
• Southern California Association of Governments(SCAG) – stated the Regional Housing
Needs Allocation (RHNA) numbers have been voted on and adopted. She noted she
and Mayor Kelly sit on the SCAG Regional Council. Fortunately, the City of Palm Desert
is working on low-income housing that will help meet those RHNA numbers.
• Riverside County Transportation Commission (RCTC) – at her meeting yesterday, they
reviewed a letter from the Self-Help Counties Coalition (SHCC), of which, Riverside
County is a member of, saying to Sacrament to get those stimulus funds to us in order
to get the infrastructure projects completed. This is why it’s important for the City to be
shovel ready on as many projects possible, because the entities that are ready will have
the greatest access and ability to acquire some of those funds.
• LA 2028 – Mayor Garcettii had a panel made up of transportation commissioners that
she participated in that had to do with the planning for 2028 Olympic & Paralympic
Games. One of the discussions was about how to fix the infrastructure prior to LA 2028,
but even prior to LA 2028, they will host FIFA 2026 (Federation Internationale de
Football Association) both men and women’s, the Paralympic, and when 2028 comes,
they will have the super bowl. Fixing the infrastructure to connect all of the communities
in the Coachella Valley to bring everyone together doesn’t leave room for bipartisanship.
Mayor Kathleen Kelly Comments:
• In Memory of Tommy Edwards – just prior to adjourning today’s meeting, she would like
to do it in memory of Tommy Edwards. She said 30 years ago, Tommy Edwards was
first employed by SunLine Transit as a mechanic, and he rose through the ranks
resulting in the position of Chief Performance Officer before he recently passed. He
was a part of SunLine’s evolution into truly an international leader in alternative fuels
and zero emissions technology. He was consistently cheerful, and he would explain
high-tech fuel systems in a very understandable way, which made him a very, very
precious part of the SunLine team.
REQUEST FOR ACTION:
1. Desert Community Energy (DCE) – Councilman Sabby Jonathan recalled a discussion
about rolling the City’s municipal account into DCE so it can elect to go 100% carbon
free. He noted there are approximately 100 to 180 municipal accounts, and in total, it
would reduce emissions by 1500 metric tons per year, which was equivalent to taking
300 vehicles off the road every year or it’s enough to power 240 homes. It comes at a
cost to go carbon free, but there is a deadline looming. In order for the municipal
accounts to be converted to the all carbon choice under DCE, the City has to enter into
an agreement by April 19, for the accounts to go into effect by April 2022. Due to the
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timing deadline, he would like this item on a future agenda for consideration of the City’s
municipal accounts.
Mr. Hileman said he would be in a much better position to answer the question by the
first meeting in April.
2. Requested the Rent Review Commission assist with evictions – Councilmember Karina
Quintanilla heard from a family that in spite of there being a freeze on the moratorium of
evictions, some landlords are increasing rent. She wasn’t sure if that was something
the City can look at to protect some of the more vulnerable residents. There is a new
roll out in rental assistance in the event those that are unable to qualify, the City may at
least attempt to protect them.
Mayor Kelly suggested staff reach out to make sure landlords are aware of Palm
Desert’s Program for rent relief to address whatever financial pinch this family might be
in. It’s has come to her attention that some of the terrific programs offered by the City
hasn’t reached the people most in need.
Councilmember Quintanilla agreed it was a great first step.
3. Request for a proclamation denouncing Anti-Asian American Hate – Councilmember
Karina Quintanilla said she has been in contact with members of the community who
have requested Palm Desert take a stand and denounce Anti-Asian American Hate.
There has been an increase since the pandemic, and a lot of misguided frustration is
impacting our communities. She added she will continue to advocate for the creation of
a Human Rights Commission.
Mayor Kelly offered that the Committee/Commission Subcommittee continues to work
on items that have been referred to it, which includes the addition of a Homelessness
Committee that Councilman Jonathan has raised, and a committee to address, at least
some of the work that some of the human rights commissions typically address. She
said she would be pleased to work with Councilmember Quintanilla on the requested
proclamation, which struck her as highly appropriate.
Councilman Jonathan said he had some concerns on the proposed proclamation and
would like to discuss them.
Mayor Kelly offered to meet with Councilman Jonathan to make sure they come up with
something that speaks for the entire Council.
DRAFT MINUTES MARCH 11, 2021
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
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CITY MANAGER COMMENTS
None
ADJOURNMENT
With City Council concurrence, in loving memory and with appreciation of Tommy Edwards,
Mayor Kelly adjourned the meeting at 5:31 p.m.
___________________________________
KATHLEEN KELLY
MAYOR/CHAIR/CHAIRMAN
ATTEST:
___________________________________
GRACE L. ROCHA, ACTING CITY CLERK
AND ACTING SECRETARY
Palm Desert City Council
Successor Agency to the Palm Desert Redevelopment Agency
Palm Desert Housing Authority