Loading...
HomeMy WebLinkAbout02 04-08-2021 DRAFT MINUTES 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) DRAFT MINUTES THURSDAY, APRIL 8, 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 Janet Moore, Director of Finance Grace L. Rocha, Acting City Clerk/Acting Secretary Gloria Sanchez, Acting Deputy City Clerk PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: None DRAFT MINUTES APRIL 8, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 2 ADJOURN TO CLOSED SESSION: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) (City Council) Property: Southeast Corner of Fred Waring Drive and San Pablo Avenue (APNs 627-101-002, -017, -033, -061 and ROW westerly of -061, -062) Agency Negotiator: Todd Hileman/Martin Alvarez Other Party Negotiator: Chandi Group, USA 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 C. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956(d)(1): 1) Vacation Rental Owners and Neighbors (VRON) of Palm Desert v. City of Palm Desert, Riverside County Superior Court, Case No. CVPS2101252 2) Lorraine Salas and Karina Quintanilla v. City of Palm Desert, Riverside County Superior Court, Case No. PSC 1903800. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. D. Public Employment pursuant to Government Code Section 54957. RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MEETING – 4:00 P.M. a) Roll Call: Harnik, Jonathan, Nestande, Qu9intanilla, and Kelly b) Pledge of Allegiance to the Flag – Councilmember Gina Nestande c) Inspiration/Invocation – Councilmember Karina Quintanilla REPORT ON ACTION FROM CLOSED SESSION Mr. Hargreaves reported that for Closed Session Item A1, the City Council unanimously approved the extension of the Exclusive Negotiation Agreement (ENA) with Chandi Group, USA from April 12, 2021, to June 21, 2021. No reportable action was taken on the remaining Closed Session items. DRAFT MINUTES APRIL 8, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 3 AWARDS AND PRESENTATIONS 1. PRESENTATION TO RECOGNIZE CAROLE SCHAUDT FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS PUBLIC SAFETY COMMISSION, 2018 – 2021. An engraved crystal clock will be mailed to Ms. Schaudt as a token of appreciation. 2. PRESENTATION TO RECOGNIZE PHYLLIS J. HARKINS FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS PUBLIC SAFETY COMMISSION, 2013 – 2021. On behalf of the City Council, Mayor Kelly expressed deep appreciation for the eight years of service on the Public Safety Commission. Additionally, thanking her for her service on the Palm Desert Country Club and then the Portola Country Club, taking the initiative to organize Candidate Forums for City Council, which were very well attended and helped a much broader segment of residents to become informed and be good civic participants. Ms. Harkins thanked the City Council for the honor, stating it’s a privilege to have worked with the Council. She announced she has relocated to Texas, but was in the Desert doing consulting work for the next two weeks, so the timing of this recognition was perfect. She added Palm Desert was the best city in the Coachella Valley and in the State of California. An engraved crystal clock will be mailed to Ms. Harkins as a token of appreciation. 3. PRESENTATION TO RECOGNIZE JAMES SCHMID FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS ARCHITECTURAL REVIEW COMMISSION, 2019-2021. Mr. Schmid was unable to be present for today’s recognition. An engraved crystal clock will be mailed to him as a token of appreciation. 4. PRESENTATION OF PROCLAMATION DECLARING APRIL 18-24, 2021, AS “VICTIMS’ RIGHTS WEEK” IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Kelly read the proclamation, and it will be sent to the representatives from the Riverside County District Attorney’s Office, Division of Victim Services. 5. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF APRIL AS “DMV/DONATE LIFE MONTH” IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Kelly presented the proclamation to Ms. Cheryl Machan. DRAFT MINUTES APRIL 8, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 4 Ms. Machan thanked the City Council for recognizing “National Donate Life Month.” She said she is a Legacy Ambassador to the City of Palm Desert. She is a living donor herself as her family has Polycystic Kidney Disease, losing two family members to the disease. However, because of donation of organs, she and her sister have received the gift of life. She encouraged everyone to register as a donor at the Department of Motor Vehicles (DMV). NON-AGENDA PUBLIC COMMENTS None CONSENT CALENDAR All matters listed on the Consent Calendar are considered to be routine and may be approved by one (1) Minute Motion. 6. MINUTES of the regular City Council, Successor Agency, and Housing Authority meetings of March 25, 2021. Rec: Approve as presented. 7. APPROVE CLAIMS AND DEMAND WARRANTS – City: 3/12/2021; City and Housing Authority: 3/19/2021, and Successor Agency: 3/19/2021. Rec: Receive and file. 8. COMPLIANCE ANALYSIS AND INVESTMENT REPORT for the months of January and February 2021, and General Fund Financial Report for February 2021 (CC). Rec: Receive and file. 9. FINANCE COMMITTEE Minutes for the Meeting of January 26, 2021 (CC). Rec: Receive and file. 10. HOUSING COMMISSION Minutes for the meeting of January 6, 2021 (HA). Rec: Receive and file. 11. QUARTERLY REPORT from Rolf Hoehn, City of Palm Desert Appointed Representative to the Palm Springs International Airport Commission (CC). Rec: Receive and file. DRAFT MINUTES APRIL 8, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 5 12. RESOLUTION NO. 2021 - 07, A Resolution of the City Council of the City of Palm Desert, California, approving participation in the Coachella Valley Association of Governments (CVAG) Regional Homelessness Program in the amount of $100,000 for Fiscal Year 2020-2021 (CC). Rec: Waive further reading and adopt. 13. REQUEST FOR AUTHORIZATION of the execution of a Subrecipient Agreement with the Coachella Valley Rescue Mission in an amount not to exceed $45,000 to operate the Emergency Rental Assistance Program (Contract No. C40230E) (CC). Rec: By Minute Motion, approve the Subrecipient Agreement with the Coachella Valley Rescue Mission in an amount not to exceed $45,000 to operate the Emergency Rental Assistance Program. This item was pulled from the Consent Calendar at the request of Councilman Jonathan for further discussion and action. Then it was voted on and approved. Upon motion by Jonathan, second by Harnik, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None), said contract was approved. 14. REQUEST FOR AUTHORIZATION to increase Plan Review / Inspection Service Contract No. C38750B in the amount of $45,000 (CC). Rec: By Minute Motion, authorize an additional expenditure of $45,000 as part of the professional service agreement to Willdan Engineering for building administrative services for Fiscal Year 2020/2021. The new cumulative total for these services will be $270,000. Funds are available in the FY 2020/2021 budget. 15. REQUEST FOR APPROVAL of Grant of Easement to the Coachella Valley Water District (CVWD) for the Monterey Crossing Project (Coachella Valley Water District, Applicant) (CC). Rec: By Minute Motion, authorize the Mayor to execute a Grant of Easement to the Coachella Valley Water District (CVWD) for Assessor’s Parcel No. 694-060-101 related to the Monterey Crossing project. Councilman Jonathan requested Item 13 be removed for separate discussion and action. Upon motion by Jonathan, second by Harnik, and 5-0 vote of the City Council, the remainder of Consent Calendar was approved as presented (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). DRAFT MINUTES APRIL 8, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 6 ACTION CALENDAR 16. REQUEST FOR AWARD OF CONTRACT TO MICHAEL BAKER INTERNATIONAL, INC FOR THE CITYWIDE BIKEWAY AND PEDESTRIAN IMPROVEMENTS IN THE AMOUNT OF $250,000 (PROJECT NO. 565-21) (CONTRACT NO. C41270) (CC). Councilman Jonathan moved to, by Minute Motion: a) Award subject contract for the Citywide Bikeway and Pedestrian Improvements to Michael Baker International, Inc., Palm Desert, California, in an annual amount of $250,000 for a period of twenty-four (24) months; b) authorize the Mayor to execute said Agreement and up to three (3) 12-month contract extensions. Funds are available in the Measure A Fund and budgeted in the Capital Improvement Project Account No. 2134633-5000103, Citywide Bikeway and Pedestrian Improvements. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). 17. RESOLUTION NO. HA-102, A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY, AUTHORIZING AND APPROVING THE NEGOTIATION, MODIFICATION, PREPARATION, EXECUTION AND DELIVERY OF DOCUMENTS AND AGREEMENTS IN CONNECTION WITH THE RE-SYNDICATION OF PD HOVLEY LIMITED PARTNERSHIP, AND THE REFINANCING AND REHABILITATION OF THE HOVLEY GARDENS PROJECT, AND TAKING RELATED ACTIONS (HA). Councilmember Nestande moved to: a) Waive further reading and adopt Resolution No. HA-102; b) By Minute Motion, approve the agreements and documents presented to the Authority Board at this meeting in substantial form; c) By Minute Motion, authorize staff and legal counsel to negotiate and modify the agreements and documents presented to the Authority Board at this meeting, provided such modifications are materially consistent with the terms set for in the Conditional Agreement Regarding Hovley Gardens Re-Syndication, attached hereto as Attachment A (Conditional Agreement), and to negotiate and prepare all other necessary or proper documents and instruments; d) By Minute Motion, authorize the Executive Director or Chairman, in consultation with legal counsel, to execute and deliver, for and in the name of the Authority, the agreements and documents presented to the Authority Board at this meeting, as modified, provided such modifications are materially consistent with the terms set forth in the Conditional Agreement; e) By Minute Motion, authorize the Executive Director and Chairman, and all other officers of the Authority, in consultation with legal counsel, to execute and deliver, for and in the name of the Authority, all other necessary or proper documents and instruments, and to do all things which they may deem necessary or proper to effectuate the purposes of the Resolution. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). Motion was seconded by Quintanilla and carried by a 5 -0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). DRAFT MINUTES APRIL 8, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 7 18. REQUEST FOR APPROVAL OF GRANT OF EASEMENT TO COACHELLA VALLEY WATER DISTRICT FOR UTILITY PURPOSES OVER A PORTION OF ASSESSOR’S PARCEL NO. 627-221-011 IN CONJUNCTION WITH THE CONSTRUCTION OF THE PRESIDENT’S PLAZA EAST AND WEST IMPROVEMENTS (PROJECT NO. 758-14) (Coachella Valley Water District, Applicant) (CC). Councilmember Nestande moved to, by Minute Motion: a) Approve the Grant of Easement to the Coachella Valley Water District (CVWD) over a portion of Assessor’s Parcel No. 627-221-011 for utility purposes; b) authorize the Mayor to execute the same. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). 19. REQUEST FOR DIRECTION TO STAFF ON FIREWORKS FOR PALM DESERT’S 2021 INDEPENDENCE DAY CELEBRATION (CC). Councilman Jonathan moved to, by Minute Motion: a) authorize staff to proceed with planning the 2021 Independence Celebration that complies with County and State tiers, guidelines, and restrictions, pre-approve and authorize expenditures in an amount not to exceed $60,000 ($40,000 to Pyro Spectaculars, Inc. and $20,000 ancillary vendor) from the FY 2021/22 Budget for production of the 2021 Independence Day Celebration (Contract No. C37020A); b) authorize City Manager to execute a contract extension with Pyro Spectaculars, Inc., in the amount of $40,000 for the fireworks display; c) authorize City Manager to execute any ancillary vendor contracts associated with production of the celebration in an amount not to exceed $20,000 (Contract No. C41260). Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). 20. RESOLUTION NO. 2021-08, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING AND REPLACING RESOLUTION NOS. 2019-48 AND 2020-62, ADOPTING AUTHORIZED CLASSIFICATIONS, ALLOCATED POSITIONS, SALARY SCHEDULE AND SALARY RANGES INCLUDED HEREIN AND ATTACHED AS “EXHIBIT A” EFFECTIVE WITH PAY PERIODS ENDING AFTER APRIL 1, 2021 (CC). Mayor Pro Tem Harnik moved to: a) Waive further adopt Resolution No. 2021-08 rescinding and replacing Resolution Nos. 2019-48 and 2020-62, adopting authorized classifications, allocated positions, salary schedule and salary ranges included herein and attached as “Exhibit A,” including a Cost of Living Adjustment of 2.3%, effective for pay periods ending after April 1, 2021; b) By Minute Motion, authorize the City Manager to take actions consistent with the resolution adopted herewith to implement the changes contemplated. Motion was seconded by Quintanilla and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). DRAFT MINUTES APRIL 8, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 8 INFORMATION ITEMS None PUBLIC HEARING None MAYOR/COUNCILMEMBER REPORTS Councilman Sabby Jonathan Report: • Holocaust Remembrance Day (Yom Ha Shoah) – he apologized for failing to bring this remembrance day to the attention of staff and Mayor. However, it’s appropriate to note that perhaps the most egregious example of inhumanity towards people, exists with the Holocaust and the Nazi atrocities on 12 million people. Therefore, it’s appropriate to recognize today and that moment, particularly, because it coincides with “Victim’s Rights Week.” Mayor Pro Tem Jan Harnik Report: • CV Link Ceremony – attended the ceremony for the link that will connect Indio and La Quinta. She said it was a wonderful piece of the CV Link, as an outstanding effort was made there with the bridge; the event was well supported and attended. It will be a great asset for people to get to their place of employment and/or education. • Drought Alert – reported that it appears the Coachella Valley is in for another drought, advising residents to start taking precautions. She expects the City will be asked to take some measure to help with that effort. REQUEST FOR ACTION 1. Particulate Matter Situation - Councilman Sabby Jonathan noted there is an ongoing paving project in the City, which is wonderful to see. However, the one taking place in south Palm Desert, the construction workers group up in the empty lot, and as they leave the lot off Portola, they stir up a lot of dust. He suspects a whole lot of PM 10 goes into the air and road. He didn’t know what mitigations can take place, and he wasn’t requesting any specifics, but he did want to bring it to the attention of staff. Mayor Kelly commended staff for the very intricate sequencing of the slurry seal work, which seems to always enable everyone to get in and out of their neighborhood, sometimes with a little further investigation to find the available route, but it’s always possible and it requires a great deal of planning. DRAFT MINUTES APRIL 8, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 9 CITY MANAGER COMMENTS None ADJOURNMENT With City Council, Successor Agency, and Housing Authority concurrence, Mayor Kelly adjourned the meeting at 4:56 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