HomeMy WebLinkAbout2020-10-29CITY 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)
MINUTES
THURSDAY, OCTOBER 29, 2020
CALL TO ORDER — 3:00 P.M.
Mayor Nestande convened the meeting at 3:01 p.m.
ROLL CALL
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:
1) (City Council)
Property: APN 694-120-028
Agency Negotiator: Randy Bynder/Ryan Stendell
Other Party Negotiator: Palm Communities
Property Owner: Palm Communities
MINUTES
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
OCTOBER 29, 2020
B. Conference with Legal Counsel regarding significant exposure to litigation pursuant
to Government Code Section 54956.9(d)(2)(CC):
Potential cases: 2
C. Public Employment pursuant to Government Code Section 54957:
Title of Position: City Manager
With City Council concurrence, Mayor Nestande adjourned the meeting to Closed Session of the
City Council at 3:01 p.m. She reconvened the meeting at 4:12 p.m.
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 — Councilman Sabby Jonathan
c) Inspiration/Invocation — Councilmember Jan C. Harnik
REPORT ON ACTION FROM CLOSED SESSION
Mr. Hargreaves reported that for Closed Session Item Al, the City Council unanimously authorized
staff to negotiate an Exclusive Negotiating Agreement (ENA) with Palm Communities with respect
to the 10-acre parcel (APN 694-120-028) for affordable housing.
PRESENTATIONS
• The Living Desert Presentation by President/CEO Allen Monroe
• SunLine Transit Agency Presentation by Chief of Public Affairs Brittney B. Sowell
NON -AGENDA PUBLIC COMMENTS
MR. PHIL STEIN, registered his complaint regarding services by Burrtec Waste Management &
Recycling Services. He also requested assistance on how to get his money back from the
McCallum Theater for the purchase of $1,000 worth of tickets for a Barry Manilow Show. He said
he's having a difficult time getting through to them.
MS. EEVET EDENS, Executive Director of Desert Cancer Foundation, introduced herself and
thanked the City Council for its continued partnership and support. Most recently for the City's
sponsorship of Paint El Paseo Pink, which was a virtual event that turned out better than expected.
2
MINUTES
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
OCTOBER 29, 2020
MR. MICHAEL HACKETT, with VRON Palm Desert, which stands for Vacation Rental Owners &
Neighbors of Palm Desert, stated he is in favor of vacation rentals and their new alliance is
organizing and growing. They would like to work with the City Council to solve issues with those
in opposition in a respectful and sensitive way.
The following individuals spoke in opposition to a ban on short-term rentals:
MR. CODY CARLSON
MS. ANI VARTABETIAN
MR. FRANK DESIMONE
MR. CHAINE OLIVIER
MR. AND MRS. SHARROW (via email)
MR. MATHIAS VINCE KARLEN (via email), requested the City Council expand and phase out
short-term rentals.
CONSENT CALENDAR
1. MINUTES of the City Council, Successor Agency, and Housing Authority for the meeting
of October 15, 2020.
2. APPROVE CLAIMS AND DEMAND WARRANTS — City 09/24/2020, 09/25/2020-
09/30/2020, 09/25/2020, 10/02/2020 (2 Qty.), 10/09/2020, and 10/13/2020; Successor
Agency 10/02/2020.
3. COMMITTEE AND COMMISSION MINUTES for the Citizens' Sustainability Committee
(07/27/2020), Palm Desert Youth Committee (12/09/2019, 01/13/2020, and 02/03/2020),
and Palm Desert Housing Commission (09/02/20).
4. RESOLUTION NO. 2020 — 76, repealing Resolution No. 2019-74, and adopting a records
retention schedule and authorizing destruction of certain city records for the City of Palm
Desert.
5. RESOLUTION NO. 2020 - 77, authorizing the destruction of paper records that have been
digitally imaged from the Department of Community Development — paper files dated 1973
to 2016 (CC).
6. APPROVE A THREE (3) YEAR FUNDING AGREEMENT between the City of Palm Desert
and the Coachella Valley Economic Partnership (CVEP) constituting CVEP's funding for
Fiscal Year 2020-2021, Fiscal Year 2021-2022, and Fiscal Year 2022-2023 in the amount of
$50,000 annually (Contract No. C40810) (CC).
Removed for separate consideration under Consent Items Held Over. Please see
that portion of the Minutes for Council action.
3
MINUTES
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
OCTOBER 29, 2020
7. APPROVE THE NOMINATIONS of Andy Firestine to serve as President, and Martin
Alvarez and Ryan Stendell to serve as Vice Presidents of the Palm Desert Recreational
Facilities Corporation (PDRFC) (CC).
8. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C39920 — Monterey Avenue
Pavement Rehabilitation Project, and authorize the City Clerk to file a Notice of Completion
(Project No. 752-19) (Granite Construction Company, Indio, CA) (CC).
9. REQUEST FOR ACCEPTANCE of the City's Citizens Option for Public
Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) expenditure plan
and funding for Fiscal Year 2020-2021, in an anticipated unencumbered award balance of
approximately $201,000 (as of 10/07/2020)(CC).
10. REQUEST FOR APPROVAL of an updated public safety vendors list for equipment
repairs, equipment purchases, and specialty services utilized by the Palm Desert Police
and Fire Departments in Fiscal Year 2020-2021, and approve an exception to purchasing
requirements as provided by Section 3.30.160(C)(D)(H)(K) of the Palm Desert Municipal
Code (CC).
11. ORDINANCE NO. 1358 — Adopting a Notice of Exemption under the California
Environmental Quality Act; and a Zoning Ordinance Amendment to revise PDMC Section
25.34.030 "Accessory Dwelling Unit" 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 (This is the Second Reading)(CC).
Councilman Jonathan requested Item 6 be removed for separate consideration under
Consent Items Held Over.
Upon Motion by Harnik, second by Weber, and 5-0 vote of the City Council, with the
exception of Item 6, the remainder of Consent Calendar was approved as presented (AYES:
Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None).
4
MINUTES
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
CONSENT ITEM HELD OVER
OCTOBER 29, 2020
6. APPROVE ATHREE (3) YEAR FUNDING AGREEMENT between the City of Palm Desert
and the Coachella Valley Economic Partnership (CVEP) constituting CVEP's funding for
Fiscal Year 2020-2021, Fiscal Year 2021-2022, and Fiscal Year 2022-2023 in the amount
of $50,000 annually (Contract No. C40810) (CC).
Mayor Pro Tem Kelly moved to, by Minute Motion: a) Approve a three-year funding
agreement in the amount of $50,000 per fiscal year ($150,000) total) between the City of
Palm Desert and the Coachella Valley Economic Partnership for the City's annual
investment for Fiscal Years 2020/2021, 2021/2022, and 2022/2023; b) authorize the Mayor
to execute the agreement, and allow the City Attorney to make non -substantive
changes. Funds in the amount of $50,000 are available in the Fiscal Year 2020/2021
Economic Development Department Budget, Account No. 1104430-4322100, and funds
for Fiscal Years 2021/2022 and 2022/2023 will be subject to appropriation in future fiscal
budgets. Motion was seconded by Nestande and carried by a 4-1 vote (AYES: Harnik,
Kelly, Weber, and Nestande; NOES: Jonathan).
ACTION CALENDAR
12. REQUEST FOR AUTHORIZATION TO PURCHASE THREE PATROL BMW
MOTORCYCLES FOR THE PALM DESERT POLICE DEPARTMENT FROM BMW
MOTORCYCLES OF RIVERSIDE, IN THE AMOUNT OF $87,214.62 (CC).
Councilmember Weber moved to, by Minute Motion: a) Authorize the purchase of
three Patrol BMW Motorcycles (R1250RT-P) for $87,214.62 from BMW Motorcycles of
Riverside, California, consistent with the terms and conditions of the County of Orange
Contract PO-060-20010474 and pursuant to Palm Desert Municipal Code Section
(PDMC) 3.30.160(E); b) appropriate $87,214.62 from Account No. 2294210-4391400 for
the purchase of three new BMW police motorcycles; c) approve the motor replacement
schedule as outlined in this report; d) declare three Honda police motorcycles and two
BMW police motorcycles identified in this report as surplus and dispose of via auction
or salvage. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Kelly, Weber, and Nestande; NOES: None).
13. CONSIDERATION FOR APPROVAL OF A SPONSORSHIP REQUEST FOR DESERT
X FOR THE 2021 EXHIBITION (CC).
Councilman Jonathan moved to, by Minute Motion, continue this item to the
meeting of November 19, 2020, with direction to staff to provide financial statements
that includes a balance sheet and income statement for the past three fiscal years, and
the budget for the current year (both income and expenses). Motion was seconded by
Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande;
NOES: None).
5
MINUTES
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
OCTOBER 29, 2020
14. APPROVE THE RELOCATION OF THE PALM DESERT CERTIFIED FARMER'S
MARKET TO SAN PABLO AVENUE (CC).
Mayor Pro Tem Kelly moved to, by Minute Motion: a) Approve the relocation of
the Palm Desert Certified Farmers' Market to San Pablo Avenue starting December 2, 2020;
b) authorize the road closure on San Pablo Avenue between Alessandro Drive and San
Gorgonio Way, with direction to staff to return to the City Council in January on an update
of the addition of a weekend farmer's market event with the current vendor or an alternate
certified vendor. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Kelly, Weber, and Nestande; NOES: None).
15. AUTHORIZATION TO UTILIZE REMAINING UNCOMMITTED UNITE PALM
DESERT ECONOMIC RELIEF FUNDS TO AUGMENT THE COMMUNITY
PARTNERS PROGRAM.
Mayor Pro Tem Kelly moved to, Minute Motion: a) Authorize the use of up to $89,900
of uncommitted Unite Palm Desert Funds to augment the Community Partners Program as
outlined in the staff report; b) authorize the Interim City Manager to execute documents
consistent with this City Council action, and allow the City Attorney to prepare said
documents; c) direct staff to provide a status report to the City Council in December 2020
highlighting how the funds are being used to assist our businesses, and authorization to
the Economic Development Subcommittee to work on refining the criteria for distribution
of funds. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Kelly, Weber, and Nestande; NOES: None).
INFORMATION ITEMS
16. UPDATE ON THE INCREASE OF COVID-19 TESTING EFFORTS IN PALM
DESERT.
With City Council concurrence, the report was received and filed (AYES:
Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None).
PUBLIC HEARING
None
6
MINUTES
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
MAYOR/COUNCILMEMBER REPORTS AND REQUEST FOR ACTION
Reports:
OCTOBER 29, 2020
1. Committees/Commissions Sub -committee - Councilmember Harnik noted she and
Councilmember Weber and Management Analyst Chris Gerry are continuing the
work on updating the guidelines for simplifying the selection and interview process,
and the structure as a whole.
2. Southern California Association of Governments (SCAG) — Councilmember Harnik
reported SCAG has been meeting with members of Congress who represent the
six counties. They are pushing, as part of a stimulus package, that instead of just
making it about bridges and roads, they want to include broad band as part of the
infrastructure package.
3. Lupine Plaza — Councilmember Harnik commended staff for getting it done quickly,
stating it's a very pleasant place to be, and it will serve surrounding restaurants well.
Councilman Jonathan concurred, stating he hopes that in the weeks to come staff
can provide a report that gages its level of success.
4. Halloween Cruising El Paseo — October 31. 2020 — Councilmember Harnik
announced the event starts at 5:00 p.m., where you can dress up your vehicle, your
pet or yourself and come out to El Paseo and display your costumes.
5. The Living Desert Plague Presentation — Councilmember Weber shared she, Public
Information Officer David Hermann, Assistant City Manager Andy Firestine, and
Interim City Manager Randy Bynder attended the dedication of the plaque to the
City of Palm Desert for its partnership and support of The Living Desert.
6. Coachella Valley Association of Governments (CVAG) — Councilman Jonathan
reported that a historic meeting took place with the CVAG Executive Committee and
the CVAG Transportation Committee where they had two momentous occasions.
The first was regarding the Regional Signalization Program where approval was
granted to move forward with the Construction Management contract for just under
$4 million, which includes Highway 111 at Ramon Road and Washington Street.
The second one was the approval of $53 million for the construction of an additional
20 miles of CV Link, in addition to the 3% miles already constructed.
7. Sunline Transit Aaencv — Mayor Pro Tem Kelly stated the Agency is close to
launching a full regional design of the system and one of the components that will
be included is funded by CMAQ (Congestion Mitigation Air Quality) Grant on a pilot
basis. Four specific regions within the area served by Sunline will be designated
and Geo-fenced so that travelers can call for a ride on demand to get themselves
from a major bus trunk route to a destination or back to a major bus trunk route. A
7
MINUTES
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
OCTOBER 29, 2020
map was displayed that showed the grey area is going to be one of those pilot
project areas. It includes the lengths of Cook Street traveling north from Highway
111; its by design to embrace the Cal State University — Palm Desert Campus, the
VA Clinic, and Palm Desert High School. By providing on -demand travel, this is a
form of micro transit they expect will be greatly helpful in meeting transportation
demands. It's scheduled to go live shortly after the first of the year.
Reauest for Action:
Reauest to add Uraencv Item to the Agenda by Councilman Jonathan.
Councilman Jonathan moved to add Urgency Item - Consideration of the Mayor's
signature on a letter of support for the formation of a coalition of counties to the agenda,
assigning it Item No. 17. Motion was seconded by Harnik and carried by a 5-0 vote
(AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None).
17. CONSIDERATION OF THE MAYOR'S SIGNATURE ON A LETTER OF SUPPORT
FOR THE FORMATION OF A COALITION OF COUNTIES.
Councilman Jonathan stated he hopes the proposed coalition may give cities a
stronger voice in Sacramento as it relates to COVID-19 and reopening the economy
in a pragmatic and safe approach.
Mayor Pro Tem Kelly moved to, by Minute Motion, appointed Councilman Sabby
Jonathan and Mayor Pro Tem Kathleen Kelly to a subcommittee for the purpose of
drafting a letter of support for the Mayor's signature on the proposed County Coalition.
Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly,
Weber, and Nestande; NOES: None).
CITY MANAGER COMMENTS by Randy Bynder, Interim City Manager
• Mr. Bynder reported he will place on the November 19, 2020, agenda the Economic
Development Goals and Objectives Update, which was. requested previously by a
Councilmember.
• The Mayor signed a proclamation for the three kids that kayaked 18 miles across the Salton
Sea to raise awareness of the environmental crisis in the region. He added the proclamation
will be mailed to them.
• The City of Palm Desert is an Official Election Ballot drop-off location on the corner of San
Pablo and Fred Waring, Monday through Friday, 8:00 a.m. — 5:00 p.m., and extended hours
on Election Day on November 3, 7:00 a.m. to 8:00 p.m.
8
1
MINUTES
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
OCTOBER 29, 2020
• Weighing in on the CVEP three-year contract (Item No. 6), he said he agreed with
Councilman Jonathan in that it sets a precedence to some extent, but one idea as a
compromise might be to do a $100,000 for two years in the future.
• The Marketing Committee has several positions vacant that can be filled now as Marketing
Manager Thomas Soule has individuals to fill them. Mr. Soule has a persuasive argument,
in that they are not selected by the City Council, because these are people are employed in
the industry. He said staff will be providing a comprehensive report at the meeting of
November 19 on the rest of the Committees/Commissions, but Mr. Soule was hoping to fill
the two slots in the interim.
Mayor Pro Tem Kelly recalled the rules provide for some appointees to serve according to
function and it would be appropriate to approve them, but they should be considered under
the Consent Calendar.
Councilmember Harnik requested the appointments for filling the vacancies for the
Marketing Committee be placed on the next agenda under the Consent Calendar.
ADJOURNMENT
IWith City Council/Successor Agency/Housing Authority concurrence, Mayor Nestande adjourned
the meeting at 6:27 p.m.
1
/tplo
GINANESTANDE
MAYOR/CHAIR/CHAIRMAN
ATTEST:
Zyr_fc-c______
GR CE L. ROCHA, ACTING CITY CLERK
AND ACTING SECRETARY
Palm Desert City Council
Successor Agency to the Palm Desert Redevelopment Agency
Housing Authority
9