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HomeMy WebLinkAbout2021-01-14CITY 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, JANUARY 14, 2021 CALL TO ORDER — 3:00 P.M. Mayor Kelly convened the meeting at 3:00 p.m. ROLL CALL Present: Mayor Pro TemNice ChairNice 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: Randy Bynder, Interim 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 ADJOURN TO CLOSED SESSION: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) (City Council) Property: 72567 Highway 1111, Faye Sarkowsky Sculpture Garden, Contract No. C40870, APN 640-370-001. Agency Negotiator: Randy Bynder/Ryan Stendell Other Party Negotiator: Palm Springs Art Museum Property Owner: City of Palm Desert MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting JANUARY 14, 2021 B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). Potential cases: 2 NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR OT THE MEETING. C. Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager With City Council concurrence, Mayor Kelly adjourned the meeting to Closed Session of the City Council at 3:01 p.m. She reconvened the meeting at 4:05 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 on Closed Session Item Al, stating the City Council unanimously approved the lease with the Palm Springs Art Museum subject to certain minor changes. PRESENTATIONS • Programs Director Dallas Williams from the Family YMCA of the Desert thanked the City Council for the support of their drive-thru Halloween event. He estimated there were about 2,000 people that participated as every vehicle was packed. NON -AGENDA PUBLIC COMMENTS MR. ARRON THOMAS with Southern California Edison introduced Senior Specialist of Account Management who is the support person for Palm Desert. MS. SANDY GABRIEL stated her responsibilities include billing and credit support, rain updates, energy efficiency, demand response programs, power shut off, and emergency repair outages. MR. NICHOLAS LATKOVIC praised the City Council for the good work it has been doing with the pandemic. He went on to say the City is continually improving areas and its infrastructure is the finest in the Valley, naming the San Pablo improvements, the recreation facilities, aquatic center, hiking trails, and the City's fire and police services are very responsive. However, he felt the city could go further by having 5G wireless service available in the area between Hwy 111 and Dinah Shore Drive between Monterey Avenue and Portola, stating it was kind of a data hole there. 2 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting JANUARY 14, 2021 MS. KERRY UHER advocated for the City to go to five districts, stating she lived in the north side and thought representation needed to be better, adding there was potential for growth. She said waiting for the 2024 election was way too long to wait and requested the City implement five districts for the 2022 election. MR. CODY CARLSON stated there was a growing support in the community for the City to go to five districts, suggesting Council form a commission to create them. He claimed to be a member of a districting organization to move the City to a five district city council. He said he had yet to find one argument that made an at -large system better, and the current system falls short of doing the right thing. He added many are being taxed and not equally represented. He said Council had the power to trigger a special election as soon as possible to observe the residents wishes for implementation of five district for the 2022 election. MR. FRANK stated he was a Palm Desert property owner and member of part of VRON, an organization whose members are short-term rental owners. He expressed concerns over the draft minutes of the December 10, 2020, City Council minutes with regard to Ordinance 1360, stating they do not accurately reflect the events or statements made as required by law. He asked that they not be approved as written. His concerns include: Councilmember Gina Nestande did not recuse herself nor state the reason for her conflict of interest; the decision to disqualify Ms. Nestande from voting was tainted by City Attorney Robert Hargreaves who has repeatedly publicly declared his extreme bias towards short-term rentals, and Councilman Jonathan did not move to waive further reading and adopt Ordinance No. 1360. MR. BRAD ANDERSON, Rancho Mirage, CA, noted that at the November 19, 2020, meeting, the City Council appointed Mr. Doug Walker to the Coachella Valley Mosquito and Vector Control (CVMVC) Board to another four-year term, stating Mr. Walker has already served for 14 years, therefore, entrenched with the organization. He knew it was too late, but he highly recommended affording others to serve on the Board on a rotating basis, because it's not helping the cities or the Valley. He's afraid that there are influences that happen when you have people serving for long periods and where public resources are used for personal gain. MR. VAN TANNER stated that as a former City Councilmember and member of the community for more than 41 years, it's a great privilege living in Palm Desert and being involved. He would like Council to activate a committee or commission to create a five -district voting election for the 2022 election. Today's population is approximately 55,000 with the majority of the expansion coming north of Hovely and east of Cook Street. He believed there is a void in representation. He said the Mayor has told him that Council needed to allow the two districts to run for at least one election cycle, however, he humbly disagreed. To do it now would save money in the long -run, stating he believed a map for five districts already existed, but it has been destroyed. Moving forward with five districts would only entail the cost and the City would not have to go through the expense and confusion of rank -choice voting. He has requested the Mayor to provide him with costs of the lawsuit and what the cost would be for rank choice voting, which he expected she would provide soon. He was disappointed in learning residents were not given the choice of going to two or five district as the choice had already been made. 3 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting JANUARY 14, 2021 MR. KIM FLOYD spoke on the following issues: 1) advocated for five districts stating representation would be superior; 2) requested the City move forward with implementation of. the DCE (Desert Community Energy) for electric power, stating he would like to see it on a future agenda soon; 3) the City should consider severing the current policing contract with the Riverside County Sheriff Department. He said the Sheriff has demonstrated his political bias when choosing which laws and orders to enforce; 4) there is one restaurant that is continuing to serve breakfast and lunch on their patio, which is unfair to the many restaurants that are following the rules, but it's also dangerous for the community. CONSENT CALENDAR All matters listed on the Consent Calendar are considered to be routine and may be approved by one (1) Minute Motion. 1 MINUTES of the City Council, Successor Agency, and Housing Authority for the meeting of December 10, 2020, Emergency City Council Meeting of December 15, 2020, and City Council Special Meetings of December 18 and December 22, 2020. 2. APPROVE CLAIMS AND DEMAND WARRANTS — City: 10/30/2020, 11/06/2020 (Qty. 2), 11/17/2020, 11/18/2020-11/30/2020, and 11/30/2020; Successor Agency: 10/30/2020, 11/13/2020, and 11/30/2020; Joint City/Housing: 10/30/2020, 11/13/2020, and 11/30/2020. 3. RECEIVE AND FILE APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Fix Restaurant, 73580 El Paseo, Suite A, Palm Desert (CC). 4. RECEIVE AND FILE APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bubbas Bones & Brews, 73155 Highway 111, Suite B, Palm Desert (CC). 5. RECEIVE AND FILE QUARTERLY REPORT — Palm Springs International Airport Commission — City of Palm Desert's Appointed Representative Rolf Hoehn (CC). 6. RECEIVE AND FILE THE HOUSING COMMISSION MINUTES of November 4, 2020 (HA) 7. RECEIVE AND FILE LETTER OF RESIGNATION from Jim Schmid — Architectural Review Commission (ARC) (CC). 8. RECEIVE AND FILE THE ANNUAL LOW AND MODERATE INCOME HOUSING ASSET FUND report relative to SB341 for the 2019-20 Fiscal Year (HA). 9. AUTHORIZE THE RELEASE OF GRADING SECURITY in the amount of $6,293.38 for the Villa Portofino Project (Villa Portofino Partners, L.P., Applicant) (CC). 4 uri ..r MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting JANUARY 14, 2021 10. AUTHORIZE CONTRACTS with Artists Ronald Del Cid, Lenny Katz, and John Morse for their original artwork to be placed on three traffic signal cabinets located in the City (Contract Nos. C40470 A-C (CC) Upon motion by Harnik, second by Nestande, and 5-0 vote of the City Council, the Consent Calendar was approved as presented (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). CONSENT ITEM HELD OVER None ACTION CALENDAR 11. RESOLUTION NO. 2021 - 01 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 37506-1 AND APPROVING AN AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY FOR PUBLIC PARKS IN CONNECTION THEREWITH (University Park Investor, LLC, Danville, CA, Applicant) (CC). Councilman Jonathan moved to waive further reading and adopt Resolution No. 2021-01. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). 12. RESOLUTION NO. 2021 - 02 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND AUTHORIZING A DEPOSIT AND REIMBURSEMENT AGREEMENT AND APPROVING AND AFFIRMING THE ENGAGEMENT OF CERTAIN FINANCING PROFESSIONALS IN CONNECTION WITH THE FORMATION OF CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK) AND THE PROPOSED ISSUANCE OF SPECIAL TAX BONDS TO REFUND CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) SPECIAL TAX BONDS, SERIES 2006A (CC). Mayor Pro Tem Harnik moved to waive further reading and adopt Resolution No. 2021-02. Motion was seconded by Quintanilla and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). 5 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting JANUARY 14, 2021 13. RESOLUTION NO. SA -RDA - 082 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGETS FOR THE FISCAL PERIOD FROM JULY 1, 2021 THROUGH JUNE 30, 2022, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS (SA). Vice Chair Harnik moved to waive further reading and adopt Resolution SA-RDA-082. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). 14. AUTHORIZE THE RIVESIDE COUNTY FIRE DEPARTMENT TO PURCHASE A PARAMEDIC SQUAD VEHICLE AND RELATED EQUIPMENT FOR USE AT FIRE STATION NO. 71 (CC). Mayor Pro Tem Harnik moved to, by Minute Motion: 1) Authorize the Riverside County Fire Department to purchase a paramedic squad vehicle and related equipment for use at Fire Station No. 71, following the County's purchasing protocols; 2) authorize a 10% contingency in an amount not to exceed $23,561; 3) authorize the City Manager or designee to review and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount; 4) appropriate $259,172 from Fund 230 - Fire Fund, as amended to reflect that Recommendation No. 1 includes language "in an amount not to exceed $235,610." Motion was seconded by Quintanilla and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). 15. REQUEST FOR CITY COUNCIL GUIDANCE REGARDING A WEEKEND FARMERS' MARKET ON SAN PABLO AVENUE (CC). Councilman Jonathan moved to, by Minute Motion: a) authorize the road closure on San Pablo Avenue between Alessandro Drive and San Gorgonio Way for each Weekend Farmers' Market; b) approve a three-month sponsorship agreement between the City and CV Harvest in the amount of $5,000. Funds to be appropriated from City Sponsored Events Account No. 1104416-4306201; c) authorize waiving all City -assessed permit and inspection fees pertaining to the event, and adding this item as a placeholder in the upcoming budget allowing the Council the discretion to add this to the next fiscal year in the amount of $40,000 for 30 weekend events. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). 6 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting JANUARY 14, 2021 16. REQUEST FOR APPROVAL OF THE 2021 CITY COUNCIL LIAISON ASSIGNMENTS ROSTER (CC). Councilman Jonathan moved to, by Minute Motion, approve the 2021 City Council Liaison Assignments Roster as proposed with the two modifications made at this meeting. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). 17. ORDINANCE NO. 1361 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 1266A, AND AMENDING SECTION 10.36.10 OF TITLE 10 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO SPEED ZONES (This is the second reading of the Ordinance) (CC). Mayor Pro Tem Harnik moved to waive further reading and adopt Ordinance No. 1361. Motion was seconded by Quintanilla and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). 18. CONSIDERATION TO AUGMENT FUNDING TO THE UNITE PALM DESERT EMERGENCY BUSINESS RELIEF PORGRAM (CC). Mayor Pro Tem Harnik moved to, by Minute Motion: a) Authorize the $1M in funding from the Economic Development Reserve Fund to augment the Unite Palm Desert Emergency Business Relief Program (EBRP) to assist restaurants adversely impacted by the COVID-19 public health emergency; b) authorize the Interim City Manager to finalize program guidelines and agreement/promissory note associated with the program; c) authorize the City Manager to execute any and all documents associated with the above program, and allow the City Attorney to make non -substantive changes; d) appropriate $1M from the Economic Development Reserve Fund to the Economic Development Fund to support the Economic Business Relief Program; and 5) authorize the Economic Development Subcommittee to work with staff to finalize the free meal restaurant program guidelines and authorize coordinated free meals to our first responders. Motion was seconded by Quintanilla and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). 19. AUTHORIZE STAFF TO ADVERTISE AND CALL FOR BIDS FOR THE CONSTRUCTION CONTRACT FOR THE PRESIDENT'S PLAZA EAST AND WEST PARKING LOT IMPROVEMENTS (PROJECT NO. 758-14) (CONTRACT NO. C37040A). Councilman Jonathan moved to, by Minute Motion: a) Authorize staff to advertise and call for bids for the construction contract for the President's Plaza East and West Parking Lot Improvements (Project No. 758-14; b) authorize the contract documents to include an early completion incentive. Funds for this project are available in Account No. 451-4692-4400100, Capital Bond Funds. Based on the Engineer's Estimate, an additional appropriation will be required at the time of contract award. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). 7 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting INFORMATION ITEMS None PUBLIC HEARING None MAYOR/COUNCILMEMBER REPORTS AND REQUEST FOR ACTION Reports and comments: Mayor Pro Tem Jan C Harnik: JANUARY 14, 2021 • Coachella Valley Economic Partnership (CVEP) — reported CVEP has been given a Platinum Ranking for Transparency, noting the City supports them as they support the entire region. She pointed out that only 20 of the 1,200 nonprofits in the region received platinum ranking. • Southern California Association of Governments (SCAG) — the Transportation Committee, discussed the regional safety target, and the numbers of collisions from motorized and nonnotarized of pedestrians are all trending up. The top contributing factor in all collisions is unsafe speed. Imagine there were 6,300 seriously injured in Southern California, 1,600 fatalities, and 140,000 minor injuries. The increased technology in autos is perhaps helpful, but technology, like cell phones. has had a negative impact on fatalities. • Riverside County Transportation Committee (RCTC) — Measure A, which is the sales tax the City generates within the County, the numbers are not down as originally thought. The sources from where the tax is generated has shifted, but nonetheless, the amount is about the same. Also, LTF (Local Transportation Funds), which is a quarter cent coming from the State is also much better than anticipated. Councilmember Karina Quintanilla: • Retirement of Rev. Monsignor Howard Lincoln from Sacred Heart Church. Ms. Quintanilla said Father Lincoln is a formidable member of the community and believed he should be recognized for his service to the community and all that he has done. Request for Action: 1) 2021 Desert X - Councilman Jonathan reported he noticed in the newspaper and an email that Desert X has been indefinitely canceled and he would like staff to ensure the City is holding onto those funds until they reschedule. 8 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting JANUARY 14, 2021 2) Coachella Valley Priority One Update — Councilmember Gina Nestande requested a general update on the Cal State University -Palm Desert Campus and the Coachella Valley Priority One. 3) Consideration of Five Districts - Councilmember Karina Quintanilla requested the City Council had to acknowledge residents request and support this evening for the creation of a commission for districting. She added the request was in keeping with trends to changing to districts. CITY MANAGER COMMENTS None ADJOURNMENT With City Council concurrence, Mayor Kelly adjourned the meeting at 6:26 p.m. attertgal KATHL KELLY MAYOR/CHAIR/C HAIR,MAN ATTEST: GRACE L. ROCHA, ACTING CITY CLERK AND ACTING, SECRETARY Palm Desert:Cify Council Successor Agency to the Palm Desert Redevelopment Agency Housing Authority 9