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Home My WebLink About2021-03-11CITY 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, 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 TemNice 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 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting ADJOURN TO CLOSED SESSION: MARCH 11, 2021 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. 2 W MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting AWARDS AND PRESENTATIONS MARCH 11, 2021 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. 3 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting NON -AGENDA PUBLIC COMMENTS MARCH 11, 2021 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. 4 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting MARCH 11, 2021 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 5 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting MARCH 11, 2021 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 a) 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 6 i.r MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting PUBLIC HEARING None MAYOR/COUNCILMEMBER REPORTS AND REQUEST FOR ACTION Councilmember Gina Nestande Report: MARCH 11, 2021 • 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 Sabbv 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. 7 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Mayor Pro Tem Jan C Harnik Reports: MARCH 11, 2021 • 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 8 v MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting MARCH 11, 2021 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. Reauested 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. 9 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting CITY MANAGER COMMENTS None ADJOURNMENT MARCH 11, 2021 With City Council, Successor Agency, and Housing Authority concurrence, in loving memory and with appreciation of Tommy Edwards, Mayor Kelly adjourned the meeting at 5:31 p.m. KATHLEELLY' MAYOR/CHAIR/CHAIRNIJ h ATTEST: GRACE/L:_FZOCHA, ACTING CITY CLERK AND ACTING SECRETARY Palm Desert City Council Successor Agency to the Palm Desert Redevelopment Agency Palm Desert Housing Authority 10