HomeMy WebLinkAbout2021-06-10CITY 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, JUNE 10, 2021
CALL TO ORDER — 3:00 P.M.
Acting City Clerk Gloria Sanchez convened the meeting. Due to a lack of Closed Session
items and no public comment, the meeting was continued to 4:00 p.m.
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY:
None
ADJOURN TO CLOSED SESSION:
A. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
Potential cases: 2
B. Conference involving a Joint Powers Agency: SunLine Transit Agency JPA
Discussion will concern: Potential COVID litigation
Name of local agency representative on Joint Powers Agency Board:
Mayor Kathleen Kelly
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
RECONVENE THE CITY COUNCIL. SUCCESSOR AGENCY. AND HOUSING
AUTHORITY MEETING — 4:00 P.M.
a) Roll Call
b) Pledge of Allegiance to the Flag — Councilmember Sabby Jonathan
c) Inspiration/Invocation — Councilmember Karina Quintanilla
MINUTES
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
REPORT ON ACTION FROM CLOSED SESSION
None
AWARDS AND PRESENTATIONS
JUNE 10, 2021
PRESENTATION OF PROCLAMATION RECOGNIZING THE CLASS OF 2021
AND CONGRATULATING PALM DESERT'S HIGH SCHOOL GRADUATES,
PARENTS, TEACHERS AND COUNSELORS.
Councilmember Nestande shared the proclamation and Mayor Kelly congratulated
all high school graduates in Palm Desert, recognizing their efforts during a difficult
and challenging year.
PRESENTATION OF PROCLAMATION RECOGNIZING THE MONTH OF JUNE
2021 AS LGBTQ PRIDE MONTH.
Mayor Pro Tem Harnik shared the proclamation and Mayor Kelly presented on
behalf of the City Council to recognize June as LGBTQ Pride Month.
PRESENTATION OF PROCLAMATION REAFFIRMING THE PRINCIPLES OF
RESOLUTION NO. 2018-09 IN THE FACE OF ANTI-SEMITISM.
Mayor Kelly shared that anti-Semitic violence has risen by 75% since May 2021,
and expressed such action is not tolerated in our city. She reiterated the values of
Resolution No. 2018-09 and encouraged everyone to be guardians of personal
and communal behavior by taking appropriate action in the face of violence and
hate.
NON -AGENDA PUBLIC COMMENTS
MR. BRAD ANDERSON of Rancho Mirage shared while he disavowed any type of hate,
he took issue with the statistic offered by the Mayor. He also discussed his attendance at
various meetings by telephone, stating he is sometimes unable to gain access to the
meetings due to requirements such as pre -registration. Referring to his inability to attend
and speak at the most recent Coachella Valley Mosquito and Vector Control District, he
stated he was opposed to any area -wide spraying.
Mayor Kelly clarified the City's meetings do not require pre -registration, and noted anyone
having difficulty with the technology available can also provide comment via e-mail or
other communication ahead of the meeting so that it can be distributed to Council,
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City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
CONSENT CALENDAR
JUNE 10, 2021
All matters listed on the Consent Calendar are considered to be routine and may be
approved by one (1) Minute Motion.
4. MINUTES of the regular City Council, Successor Agency, and Housing Authority
meetings of May 13, and May 27, 2021.
Rec: Approve as presented.
5. APPROVE CLAIMS AND DEMANDS WARRANTS — City: 5/14/2021 and
5/21/2021.
Rec: Approve as presented.
6. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The 19th Hole, 42305
Washington Street, Suites A, B, and C, Palm Desert (CC).
Rec: Receive and file.
7 COMPLIANCE ANALYSIS AND INVESTMENT REPORT for the months of March
and April 2021 and General Fund Financial report as of April 30, 2021 (CC).
Rec: Receive and file.
8. FINANCE COMMITTEE MINUTES for the meeting of March 23, 2021 (CC).
Rec: Receive and file.
9. REQUEST FOR ACCEPTANCE of off -site improvements, release the Faithful
Performance and Labor and Materials Bonds, and accept the Maintenance Bond
for the project located at 74714 Technology Drive (La Quinta Brewing Company,
Applicant) (CC).
Rec: By Minute Motion: a) Accept off -site improvements; b) Release the Faithful
Performance Bond in the amount of $28,828.80 and Labor and Materials
Bond in the amount of $14,414.40; and c) Accept the Maintenance Bond in
the amount of $2,882.00.
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City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
JUNE 10, 2021
10. REQUEST FOR APPROVAL of the purchase of gas and diesel fuel from Beck Oil
Inc., during Fiscal Year 2021/22 in an amount not to exceed $200,000 for the City's
fleet and equipment and Desert Willow's maintenance vehicles and equipment
(Contract No. C41390) (CC).
Rec: By Minute Motion: a) Approve the purchase of gas and diesel fuel from Beck
Oil, Inc., during Fiscal Year (FY) 2020/21 for City fleet and equipment in an
amount not to exceed $100,000; and Desert Willow maintenance vehicles
and equipment in an amount not to exceed $100,000; and b) Authorize the
Mayor to execute the agreement. Funds are available in General Fund
Account No. 1104331-4217000. Auto Fleet -Supply Automotive Gas, and
Account No. 5204195-4803100, Desert Willow Maintenance Facility.
11. REQUEST FOR AUTHORIZATION of the purchase of golf course irrigation
supplies from High Tech Irrigation, Inc., for the Desert Willow Golf Resort (DWGR)
during Fiscal Year 2021/22, in an amount not to exceed $60,000 (CC).
Rec: By Minute Motion: a) Grant an exception to the bidding requirements, as
provided for by Section 3.30.160(J) of the Municipal Code; and b) Authorize
the purchase of Rain Bird golf course irrigation supplies from High Tech
Irrigation, Inc., of Indio, California, during Fiscal Year 2021/22, in the
amount not to exceed $60,000. Funds are available in Course and Grounds
Expenses, Account No. 5204195-4803100.
12. REQUEST FOR AUTHORIZATION to install a memorial bench in honor of the late
Coach Paul Alan Thompson at Hovley Soccer Park near Field Five (CC).
Rec: By Minute Motion, authorize staff to install a memorial bench in honor of the
late Coach Paul Alan Thompson at Hovley Soccer Park near Field Five.
13. REQUEST FOR AWARD OF CONTRACT to Quinn Company, for Generator
Preventative Maintenance Services in the amount of $45,215 annually for a three-
year term, and authorize as needed extra repair work and services for an amount not
to exceed $15,000 annually (Contract No. C41630, Project 763-22) (CC).
Rec: By Minute Motion: a) Authorize the award of Contract No. C41630 to Quinn
Company, Riverside, California, for Generator Preventative Maintenance
Services in the amount of $45,215 annually for a three-year term; b) Authorize
as needed extra repair work and services for an amount not to exceed
$15,000 annually; and c) Authorize the City Manager to execute said
agreement, extensions, and any change orders associated with this
contract based on staff's recommendations. Funds are available in R/M
Buildings Account No. 1104330-4331000, Corporation Yard. 1104340-
4331000, City Hall, and 304220-4331000, Fire Stations.
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City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
JUNE 10, 2021
14. REQUEST FOR AWARD OF CONTRACT for maintenance of the City of Palm
Desert's public art collection and the El Paseo Sculpture Exhibition in the amount
of $55,200 to Same Day Express, and approve up to $5,000.00 on an as needed
basis for additional maintenance services (Contract No. C41660) (CC).
Rec: By Minute Motion: a) Award the contract for the maintenance of the City of
Palm Desert's public art collection and the El Paseo Sculpture Exhibition for
a period of one (1) year, with three (3) optional one (1) year extensions, in
the amount of $55,200 to Same Day Express; b) Approve up to $5,000.00
on an as needed basis for additional maintenance services from Same Day
Express; and c) Authorize the Mayor to execute said contract and allow the
City Attorney to make non -substantive changes. Funds are anticipated to
be available in FY 2021/2022 Art in Public Places budget, Account Number
4364650-4337200.
15. DECLARE Staples & Associates, Inc., non -responsive and award contract for the
Desert Willow Golf Resort HVAC Replacement to Desert Air Conditioning, Inc., in
the amount of $52,065.00 (Contract No. C41200, Project No. 850-21 H) (CC).
Rec: By Minute Motion: a) Declare Staples & Associates, Inc., dba Staple Energy
non -responsive; b) Award Contract No. C41200 to Desert Air Conditioning,
Inc., of Palm Springs, California, in the amount of $52,065.00; c) Authorize
the Finance Director to set aside a 10% contingency in the amount of
$5,206.50; d) Authorize the City Manager to approve any additional
expenditure for any unforeseen circumstances up to the contingency; and
e) Authorize the Mayor to execute the subject contract. Funds are available
in the Desert Willow Golf Resort Capital Fund, Account No. 4414195-
48029200. There is impact to the General Fund (Fund 110) with this
request.
16. DELEGATE the City Manager to approve the purchase of 160,000 pounds of grass
seed from the lowest responsible bidder for Fiscal Year 2021/22 (Project No. 921-
21) (CC).
Rec: By Minute Motion: a) Authorize the City Manager to approve the purchase
of 160,000 pounds of grass seed for the City and the Desert Willow Golf
Resort; and b) Authorize the City Manager to execute the agreement. Funds
for the City's portion are available in General Fund Account No. 1104610-
4332001, R/M Civic Center Park, 1104610-4337100, R/M Tri-Cities Sport
Facility, 1104611-4332001, R/M Parks, 1104614-4337001, R/M Medians,
and 2764374-4332100, R/M Haystack for the City's portion. The Desert
Willow Corporation will fund the balance.
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City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
JUNE 10, 2021
17. REQUEST FOR AUTHORIZATION to streamline the use of vendors for the Desert
Willow Golf Resort by granting an exception to the bidding requirements and
approving the Operating Expense Vendors List for Fiscal Year 2021/22 (CC).
Rec: By Minute Motion: a) Grant an exception to the bidding requirements, as
provided for by Section 3.30.160 (K) of the Municipal Code, not to exceed
$50,000 for any one vendor during Fiscal Year (FY) 2021/22; and b)
Approve the Desert Willow Golf Resort's Operating Expense Vendors List.
18. REQUEST FOR AUTHORIZATION to streamline the use of vendors for the Public
Works Department by granting an exception to the bidding requirements and
approving the Original Equipment Manufacturer (OEM) vendor list and the various
vendors and qualified service providers lists for Fiscal Year 2021/2022 (CC).
Rec: By Minute Motion: a) Grant an exception to the purchasing requirements of
the Palm Desert Municipal Code, as provided for in Section 3.30.160(K); b)
Approve the Original Equipment Manufacturer (OEM) Vendor List; the
Public Works Various Vendors and Qualified Service Providers List; and the
Landscape Services Division Vendors and Service Providers List; and c)
Authorize the City Manager to execute contracts for on -going services, not
to exceed $50,000 for any one vendor on the list, as needed and
recommended by staff during Fiscal Year 2021/22.
19. RESOLUTION NO. 2021-33 — A resolution of the City Council of the City of Palm
Desert approving the establishment of an electronic signature use policy (CC).
Rec: Waive further reading and adopt.
Upon motion by Mayor Pro Tem Harnik, 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).
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City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
ACTION CALENDAR
JUNE 10, 2021
20. REQUEST FOR APPROVAL OF CONTRACT NO. C36781, AMENDMENT NO. 1
TO CONTRACT NO. C36780 WITH DEDICATED BUILDING SERVICES, LLC,
FOR CITY FACILITIES JANITORIAL SERVICES IN THE AMOUNT OF $317,700
(CONTRACT NO. C36781, PROJECT NO. 771-22) (CC).
Mayor Pro Tem Harnik moved to, by Minute Motion: a) Approve Contract No.
C36781, Amendment No. 1 to Contract No. C36780 with Dedicated Building
Services, LLC, for City Facilities Janitorial Services in the amount of $317,700; and
b) Authorize the City Manager to execute said amendment, and any change orders
associated with this contract based on staff's recommendations. Funds are
available in Account Nos. 1104330-4331000, RIM Buildings; 1104340-4332600, RIM
Janitorial; 1104344-43310, RIM Portola CC; 5104195-4369601, CAM-BLDG #444
Parkview; 5104195-4369800, Henderson Bldg; and 5104195-4369500, Sheriff
Substation. Motion was seconded by Nestande and carried by a 5-0 vote (AYES:
Harnik, Jonathan, Nestande, Quintanilla and Kelly; NOES: None).
21. REQUEST FOR APPROVAL OF BYLAWS FOR HOMELESSNESS TASK FORCE
(CC).
Councilmember Jonathan moved to, by Minute Motion: a) Approve the draft
bylaws and obtain input from the Homelessness Taskforce before returning to
Council for final approval; and b) authorize the two appointed Councilmembers to
recruit, screen and recommend proposed business and resident members for the
Homelessness Taskforce. Motion was seconded by Quintanilla and carried by a
5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla and Kelly; NOES: None).
22. REQUEST FOR DIRECTION for a future Request for Proposals (RFP) for design
work related to Lupine Plaza (CC).
Mayor Pro Tem Harnik moved to, by Minute Motion, provide City staff: a)
Confirmation of contents for a future RFP for design work related to Lupine Plaza;
and b) Establish an ad hoc subcommittee including Mayor Pro Tem Harnik and
Councilmember Nestande to serve as a steering committee working with a firm
selected from the RFP. Motion was seconded by Jonathan and carried by a 5-0 vote
(AYES: Harnik, Jonathan, Nestande, Quintanilla and Kelly; NOES: None).
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City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
JUNE 10, 2021
23. RESOLUTION NOS. 2021-29. 2021-30. AND 2021-31: A) A RESOLUTION
DECLARING INTENTION TO ISSUE REFUNDING BONDS FOR THE SECTION
29 ASSESSMENT DISTRICT (NO. 2004-02); B) A RESOLUTION APPROVING
THE REASSESSMENT REPORT IN CONNECTION WITH THE SECTION 29
ASSESSMENT DISTRICT REFUNDING BONDS; AND C) A RESOLUTION
AUTHORIZING THE ISSUANCE AND SALE OF SECTION 29 ASSESSMENT
DISTRICT LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS,
SERIES 2021, AUTHORIZING CERTAIN DOCUMENTS AND APPROVING
CERTAIN OTHER RELATED MATTERS (CC).
Councilmember Quintanilla moved to waive further reading and adopt: a)
Resolution No. 2021-29, a Resolution of the City Council of the City of Palm Desert,
declaring its intention to issue refunding bonds for the Section 29 Assessment
District (No. 2004-02); directing the preparation of a report pursuant to section 9523
of the California Streets and Highways Code; making other determinations relating
to the refunding; and directing other matters relating thereto; b) Resolution No.
2021-30, a Resolution of the City Council of the City of Palm Desert, approving a
Reassessment Report prepared in connection with the issuance of refunding
bonds for the Section 29 Assessment District (No. 2004-02); confirming
reassessments for such refunding bonds; making other findings in connection
therewith; ordering refunding and reassessments; and directing and approving
other matters relating thereto; and c) Resolution No. 2021-31, a Resolution of the
City Council of the City of Palm Desert, authorizing the issuance and sale by the
City of its Section 29 Assessment District (No. 2004-02) Limited Obligation
Refunding Improvement Bonds, Series 2021; approving as to form and authorizing
the execution and delivery of certain documents in connection therewith; and
approving certain other matters relating thereto. Motion was seconded by
Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla
and Kelly; NOES: None).
24. REQUEST FOR CONSIDERATION OF A LEGISLATIVE POSITION
REGARDING STATE FUNDING FOR THE SALTON SEA RESTORATION (CC).
Rec: By Minute Motion, consider a legislative position regarding State funding for
the Salton Sea restoration.
Mayor Pro Tem Harnik moved to, by Minute Motion, take a position of
support regarding State Funding for the Salton Sea restoration. Motion was
seconded by Quintanilla and carried by a 5-0 vote (AYES: Harnik, Jonathan,
Nestande, Quintanilla and Kelly; NOES: None).
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City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
INFORMATION ITEMS
JUNE 10, 2021
25. UPDATE REGARDING THE 2021 INDEPENDENCE DAY CELEBRATION (CC).
Ms. Vanessa Mager reported on the updated program which would be a scaled -
down version of the annual event. She highlighted that music would be piped
throughout the park rather than a live band, and there is no program planned for
the amphitheater. She added the fireworks display would be similar in size and
duration and would be simulcast on a local radio station.
Councilmember Nestande moved to, by Minute Motion, receive and file the
report. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Nestande, Quintanilla and Kelly; NOES: None).
PUBLIC HEARINGS
26. RESOLUTION NO. 2021-32 — A RESOLUTION APPROVING SOLID WASTE
RATES FOR BURRTEC WASTE AND RECYCLING SERVICES, LLC (BURRTEC)
UNDER CONTRACT NO. C27411; AND REQUESTING THE COUNTY OF
RIVERSIDE TO COLLECT THE ASSOCIATED CHARGES FOR INDIVIDUALLY
BILLED RESIDENCES ON THE TAX ASSESSOR'S PROPERTY TAX ROLL FOR
FISCAL YEAR (FY) 2021/22. (CC).
Mayor Kelly declared the public hearing open, and hearing no public comment,
declared the public hearing closed.
Mayor Pro Tem Harnik moved to: a) Waive further reading and adopt
Resolution No. 2021-32 approving rates in Exhibits 3A, 3B, 3C, and 3D for Burrtec
under Contract No. C27410; and requesting the County of Riverside to collect the
associated costs for individually billed residences on the Tax Assessor's Property
Tax Roll for FY 2021/2022; and b) Authorize the City Manager to execute any
documents necessary to effectuate the actions taken herewith. Motion was
seconded by Quintanilla and carried by a 5-0 vote (AYES: Harnik, Jonathan,
Nestande, Quintanilla and Kelly; NOES: None).
27. CONSIDERATION TO APPROVE A GENERAL PLAN AMENDMENT TO
ESTABLISH A LOWER RESIDENTIAL DENSITY, TENTATIVE TRACT MAP 37993,
AND A PRECISE PLAN (CASE NO. GPA/TTM/PP 21-0001) FOR THE SUBDIVISION
OF 23.4 VACANT ACRES INTO 63 SINGLE-FAMILY RESIDENTIAL DETACHED
LOTS LOCATED AT THE INTERSECTION OF JULIE DRIVE AND SHEPHERD
LANE; AND ADOPTION OF AN ADDENDUM TO THE PALM DESERT GENERAL
PLAN ENVIRONMENTAL IMPACT REPORT (SCH NO. 2015081020) IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) (GHA Montage P.D., LLC, Applicant) (CC).
Mayor Kelly declared the public hearing open.
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City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
JUNE 10, 2021
MR. MARIO GONZALES, GHA Montage PD LLC, 30875 Date Palm Drive,
Cathedral City, introduced himself and key representatives of the project. He
thanked the City Council and staff including Martin Alvarez, Eric Ceja and Kevin
Swartz for their efforts in moving the project forward.
Hearing no additional public comment, Mayor Kelly declared the public hearing
closed.
Councilmember Jonathan moved to: a) Waive further reading and pass
Ordinance No. 1368 to second reading approving a General Plan Amendment (GPA)
to establish a lower density from "Town Center Neighborhood" to "Conventional
Suburban Neighborhood"; and b) Adopt City Council Resolution No. 2021-34
approving Tentative Tract Map 37993, and a Precise Plan for the subdivision of 23.4
vacant acres into 63 single-family residential lots located at the intersection of Julie
Drive and Shepherd Lane; and adoption of an Addendum to the Palm Desert
General Plan Environmental Impact Report (SCH No. 2015081020) in accordance
with the CEQA. Motion was seconded by Nestande and carried by a 5-0 vote (AYES:
Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None).
MAYOR/COUNCILMEMBER REPORTS AND REQUEST FOR ACTION
Councilmember Jonathan: Attended his assigned meetings. He noted he received a non-
compliance notice regarding mandatory commercial organics recycling. He
acknowledged most of the public may not be aware of the program and staff may receive
some calls from concerned members of the public.
Mayor Pro Tem Harnik: Participated in a ride -along with the Sheriff's department. She
also attended Corky Larson's celebration of life recently, and reported on various
meetings attended. Mayor Pro Tem Harnik noted the City funds two social workers as
part of its efforts on homelessness and other issues, and requested a report be provided
to Council periodically to make them aware of the work being done. Mayor Kelly
suggested the report could be included in the weekly administrative report.
Councilmember Quintanilla: Summarized the Art in Public Places (AIPP) Commission
discussion on how to define the community. She noted it was important to shape the
vision and landscape that makes residents and visitors feel welcome and highlighted their
focus on inclusivity and equity.
Mayor Kelly: Shared that at the most recent Southern California Association of
Governments (SCAG) meeting, the committee heard a presentation of the evolution of
office work post -pandemic. She noted the takeaway is they are not expecting any
substantial diminution of office space but a reconfiguration to accommodate a more
collaborative setting. Lastly, she reminded Councilmembers of the study session the
following morning, June 11, 2021 at 9:00 a.m. to conduct the third part of
committee/commission interviews.
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City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
CITY MANAGER COMMENTS
None
ADJOURNMENT
JUNE 10, 2021
With City Council, Successor Agency, and Housing Authority concurrence, Mayor
Kelly adjourned the meeting at 5:36 p.m.
caidavil
KATHLEKELLY
MAYOR/CHAIR/CHAIRl N
ATTEST:
M. GLORIA ANCHEZ, ACTIITY CLERK
AND AC1I SECRETARY
Palm Desert City Council
Successor Agency to the Palm Desert Redevelopment Agency
Housing Authority
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