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Home My WebLink About2021-07-08CITY 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, JULY 8, 2021 CALL TO ORDER — 3:17 P.M. On behalf of Mayor Kelly, Acting Deputy City Clerk Niamh Ortega convened the meeting. There was no public comment and the meeting was adjourned to closed session. 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: Todd Hileman, City Manager/Executive Director Robert W. Hargreaves, City Attorney Andy Firestine, Assistant City Manager Janet Moore, Director of Finance M. Gloria Sanchez, Acting City Clerk/Acting Secretary Niamh Ortega, Acting Deputy City Clerk 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 JULY 8, 2021 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) (City Council) Property: Lease Property — 73520 Fred Waring Drive (APN 622-260- 082) Agency Negotiator: Todd Hileman/Wayne Olson Other Party Negotiator: Riverside County Sheriffs Department Property Owner: City of Palm Desert 2) (City Council) Property: Desert Willow 3.03 acres (APN 620-420-024 and 620-400-008) Agency Negotiator: Todd Hileman/Martin Alvarez Other Party Negotiator: Desert Wave Ventures Property Owner: City of Palm Desert 3) (Successor Agency) Property: 81 acre portion of the 128-acre site, located south of Gerald Ford Drive, west of Portola Avenue (APN 694-310-002, 003) Agency Negotiator: Todd Hileman/Martin Alvarez Other Party Negotiator: Refuge Palm Desert, LLC Property Owner: Successor Agency 4) (City Council, Successor Agency) Property: Falcon Crest — 74677 King Fisher Circle (APN 624-440-030) Agency Negotiator: Todd Hileman/Veronica Tapia Property Owner: Bradford L. Buskirk B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Potential cases: 2 RECONVENE THE CITY COUNCIL. SUCCESSOR AGENCY. AND HOUSING AUTHORITY MEETING — 4:12 P.M. a) Roll Call: All present (Harnik, Jonathan, Nestande, Quintanilla and Kelly) b) Pledge of Allegiance to the Flag — Councilmember Karina Quintanilla c) Inspiration/Invocation — Mayor Pro Tem Jan C. Harnik 2 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting REPORT ON ACTION FROM CLOSED SESSION JULY 8, 2021 City Attorney Carlos Campos reported, relative to Item 2, the City Council unanimously voted to authorize the City Manager to execute Operating Memorandum #4 of the Disposition and Development Agreement (DDA) by and between the City of Palm Desert (City) and Desert Wave Ventures, LLC (Developer), extending the DDA by 90 days. Relative to Item 3, Mr. Campos reported the City Council unanimously voted to authorize the Executive Director to execute an extension to the Exclusive Negotiating Agreement (ENA) between the Successor Agency to the Redevelopment Agency and Refuge Palm Desert, LLC for 81 acres (APN 694-310-002, -003) of the Successor Agency to the Redevelopment Agency's 128-acre site. AWARDS. PRESENTATIONS. AND APPOINTMENTS 1. PRESENTATION TO RECOGNIZE MSGR. HOWARD A. LINCOLN FOR HIS SERVICE TO RESIDENTS OF PALM DESERT AND THE COACHELLA VALLEY (CC). Mayor Kelly presented a proclamation to Msgr. Lincoln recognizing him for his valuable contributions to the community and congratulating him on his many years of service to residents of Palm Desert and surrounding cities, particularly noting his empathetic approach to issues such as homelessness and the COVID crisis that have had such an impact in recent years. 2. CONSIDERATION OF THE DESIGNATION OF VOTING DELEGATE(S) AND ALTERNATE(S) FOR THE LEAGUE OF CALIFORNIA CITIES 2021 ANNUAL CONFERENCE — SACRAMENTO — SEPTEMBER 22-24 (CC). Councilmember Jonathan moved to, by Minute Motion, appoint Mayor Pro Tem Harnik as the City's Voting Delegate and Councilmember Jonathan as the City's Alternate for the upcoming Annual Conference. Motion was seconded by Nestande and approved by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). NON -AGENDA PUBLIC COMMENTS MRS. WENDY JONATHAN, Desert Sands Unified School District Board Trustee for Palm Desert, thanked the City Council for the generous support for Palm Desert schools. The funds included in the recently approved City budget will make a huge impact on students and it demonstrates the importance the City places on the children and the future of the community. 3 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting CONSENT CALENDAR JULY 8, 2021 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 meeting of June 24, 2021. Rec: Approve as presented. 4. APPROVE CLAIMS AND DEMANDS WARRANTS — City: 6/8/2021, 6/11/2021, 6/17/2021 and 6/18/2021; Successor Agency: 6/11/2021; City and Housing Authority: 5/28/2021 and 6/11/2021. Rec: Approve as presented. 5. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mi Cultura Peruvian Colombian Cuisine, 44-795 San Pablo Ave, #5-6 (CC). Rec: Receive and file. 6. HOUSING COMMISSION MINUTES for the meeting of May 5, 2021 (HA). Rec: Receive and file. 7. COMMITTEE/COMMISSION end of term recognition (CC): a) Sonia Campbell — Art In Public Places Commission b) Russell Campbell — Finance Committee c) Kim Housken — Parks and Recreation Commission d) Mary Helen Kelly — Parks and Recreation Commission e) Gloria Kirkwood — Public Safety Commission f) Allan Levin — Architectural Review Commission g) Lesley Miller — Art In Public Places Commission h) Juan Mireles — Cultural Resources Preservation Committee i) Rod Murphy — Building Board of Appeals j) Marty Nethery — Public Safety Commission k) Gary Olesen — Cultural Resources Preservation Committee I) Michael Rover — Building Board of Appeals Rec: Receive and file. 4 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting JULY 8, 2021 8. REQUEST FOR APPROVAL of continuation of terms for expiring members of the El Paseo Parking and Business Improvement Area Board until reappointment (CC). Rec: By Minute Motion, continue the terms for expiring members on the El Paseo Parking and Business Improvement Area Board until reappointment. 9. RESOLUTION NO. 2021- 48 - A resolution of the City Council of the City of Palm Desert, California, setting forth its findings and authorizing the destruction of records from the Department of Public Art, as indicated on the Records Retention Schedule (adopted October 29, 2020). Records from 2002, through 2008 (Exhibit A) (CC). Rec: Waive further reading and adopt. 10. REQUEST FOR APPROVAL of the Martha's Village and Kitchen 2021 Thanksgiving Day 5K and road closure (CC). Rec: By Minute Motion, approve: a) The Martha's Village and Kitchen Thanksgiving Day 5K, scheduled for Thursday, November 25, 2021; and b) road closures on El Paseo between Highway 74 and Portola Avenue — Sponsorship was approved as part of the City -Produced and City - Sponsored Events Budget. 11. REQUEST FOR APPROVAL of 2021 Paint El Paseo Pink Event and road closure (CC). Rec: By Minute Motion, approve: a) Desert Cancer Foundation's Paint El Paseo Pink charitable walk on Saturday, October 9, 2021; and b) road closures on El Paseo between Highway 74 and Portola Avenue — Sponsorship was approved as part of the City -Produced and City -Sponsored Events Budget. 12. REQUEST FOR AUTHORIZATION for purchase of two John Deere tractors from The Toro Company, Bermuda Dunes, California, in the amount of $140,969.47 (CC). Rec: By Minute Motion, authorize the purchase of two John Deere tractors from The Toro Company of Bermuda Dunes, California, in the amount of $140,969.47 — funds are available in Account No. 4414195-4809200, Desert Willow Clubhouse Equipment Replacement. 5 MINUTES JULY 8, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 13. REQUEST FOR AWARD OF CONTRACT in the amount of $145,725 to Westcon Construction Group, Inc., Indio, California, for the 2021 Curb Ramp Modification Project (Contract No. C41560) (Project No. 753-19) (CC). Rec: By Minute Motion approve/authorize: a) Award Contract No. C41560 to Westcon Construction Group, Inc., Indio, California, in the amount of $145,725; b) Finance Director to set aside a contingency in the amount of $14,573; c) City Manager to approve any additional expenditure for unseen circumstances up to the contingency amount; and d) Mayor to execute the subject contract — funds are available in the Measure A Fund, Account Nos. 2134312-4400100 and 2134311-4332000, and General Fund Account No. 1104312-4332000. 14. REQUEST FOR APPROVAL of an extension to contract with John Harrison Contracting, Inc., for HVAC Mechanical Systems Maintenance Services at the Palm Desert Housing Authority properties in a total annual amount not to exceed $175,000 (Contract No. HA37273) (HA). Rec: By Minute Motion, approve/authorize: a) Extension to subject contract with John Harrison Contracting, Inc., Banning, California, for the HVAC Mechanical Systems Maintenance Services at the Palm Desert Housing Authority properties for a period of twelve (12) months in the total amount not to exceed $175,000 for contract services; and b) Chairman or Executive Director and designee to take all necessary actions to execute the extension and any documents necessary to effectuate the actions taken herewith — funds included in the Fiscal Year 2021/2022 proposed Authority's replacement reserve budget in the appropriate Authority accounts. 15. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C38390 — 2020 Slurry Seal Project (Project No. 751-20) (American Asphalt South, Inc., Riverside, CA) (CC). Rec: By Minute Motion, accept the 2020 Slurry Seal Project as complete and authorize the City Clerk to file a Notice of Completion. 16. REQUEST FOR AUTHORIZATION to streamline the use of vendors for Risk Management and Human Resources by granting exception to bidding requirements and approving vendor 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 vendor lists for Risk Management and Human Resources; and c) authorize the City Manager to execute contracts as needed and recommended by staff during Fiscal Year 2021/2022. 6 MINUTES JULY 8, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 17. REQUEST FOR APPROVAL_to program $6,169 in new Community Development Block Grant (CDBG) Program funds toward the Palma Village Park Improvements for Fiscal Year 2021/2022 (CC). Rec: By Minute Motion, program $6,169 in new Community Development Block Grant (CDBG) Program funds toward the Palma Village Park Improvements for Fiscal Year 2021/2022. 18. REQUEST FOR AUTHORIZATION to apply for and accept the 2021 Emergency Management Performance Grant from the State of California Governor's Office of Emergency Services, in the amount of $14,576 (CC). Rec: By Minute Motion: a) Authorize staff to apply for the Fiscal Year 2021 Emergency Management Performance Grant (EMPG) through the California Governor's Office of Emergency Services (OES), in the amount of $14,576; b) upon notification of the grant award, accept the EMPG; and c) authorize the City Manager to execute the 2021 EMPG application and any ancillary documents as necessary. 19. REQUEST FOR APPROVAL of a collection agreement between the Greater Palm Springs Convention & Visitors Bureau (CVB) and the City for the Greater Palm Springs Tourism Business Improvement District Assessment (Contract No. C41730) (Continued from the Meeting of June 24, 2021) (CC). Rec: By Minute Motion: a) Approve a collection agreement between the Greater Palm Springs Convention & Visitors Bureau (CVB) and the City for the Greater Palm Springs Tourism Business Improvement District (TBID) assessment on vacation rentals, substantially as to form; b) authorize the City Attorney to finalize the agreement; and c) authorize the Mayor and/or the City Manager to execute any documents necessary to facilitate the actions taken herewith. 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). ACTION CALENDAR 20. RESOLUTION NO. 2021-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2021/2022 (CC). Mayor Pro Tem Harnik moved to waive further reading and adopt a resolution authorizing the levy of a special tax in Community Facilities District No. 2005-1 7 MINUTES JULY 8, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting (University Park) for Fiscal Year 2021/2022. Motion was seconded by Nestande and approved by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). 21. RESOLUTION NO. 2021- 50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INCREASING PUBLIC NOTIFICATION REQUIRING COMMUNITY ENGAGEMENT PLANS FOR CERTAIN PROJECTS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND DIRECTING STAFF TO INITIATE ZONE ORDINANCE AMENDMENT (ZOA) RELATED CHANGES TO CHAPTER 25.60.060 PUBLIC HEARING AND PUBLIC NOTICE (CC). Councilmember Quintanilla moved to waive further reading and adopt an amended resolution increasing public notification requiring community engagement plans for all projects greater than five (5) acres and including Homeowner Associations or business office of developments within 1,000 feet in the notification process and directing staff to initiate Zone Ordinance Amendment (ZOA) related changes to Chapter 25.60.060. Motion was seconded by Harnik and approved by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). 22. REQUEST FOR APPROVAL OF A THREE-YEAR AGREEMENT FOR ANIMAL CONTROL FIELD AND SHELTER SERVICES TO THE COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES IN AN AMOUNT NOT TO EXCEED $350,000 ANNUALLY (CONTRACT NO. C41770) (CC). Mayor Pro Tem Harnik moved to, by Minute Motion: a) Award subject three- year Agreement for Animal Control Field and Shelter Services to the County in an amount not to exceed $350,000 annually, renewing automatically in one (1) year increments from July 1, 2021, to June 30, 2024, subject to final review and approval of the City Attorney; b) Authorize the Mayor to execute subject Agreement; and c) Approve exception to bidding requirements as provided for in Section 3.30.160(J) of the Palm Desert Municipal Code — funds are available in the proposed Fiscal Year 2021/2022 Budget for Professional Services, Account No. 1104230-4309000, and funding for subsequent years will be appropriated during the annual budget process. Motion was seconded by Quintanilla and approved by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). INFORMATION ITEMS None. 8 1 1 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting PUBLIC HEARINGS JULY 8, 2021 23. REQUEST FOR APPROVAL OF ACTIONS RELATED TO DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING AND IF FAVORABLE, APPROVE THE RENEWAL OF, AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE PRESIDENTS PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2021/2022 (CC). Mayor Kelly declared the public hearing open, and seeing no comment, declared the public meeting closed. The votes were tabulated and Mr. Thomas Metz, Deputy City Treasurer, reported the results. Total ballots cast, measured in dollars, were $34,912.04. The "Yes" vote was $30,416.65. The "No" vote was $4,495.39. The results of the vote were favorable and supported the renewal of, and the levy and collection of assessments. Mayor Pro Tem Harnik moved to waive further reading and adopt Resolution No. 2021-51, declaring the results of a property owner protest proceeding for the President's Plaza III Property and Business Improvement District for Fiscal Year 2021/2022 and approving certain related actions. Motion was seconded by Nestande and approved by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). Mayor Pro Tem Harnik moved to waive further reading and adopt Resolution No. 2021-52, ordering the renewal of, and the levy and collection of assessments within, the President's Plaza III Property and Improvement District for Fiscal Year 2021/2022. Motion was seconded by Quintanilla and approved by a 5-0 vote (AYES: Harnik, Jonathan, Nestande, Quintanilla, and Kelly; NOES: None). MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmember Quintanilla noted she has been working with residents and staff relative to public safety issues. She thanked staff for their work on this item and also expressed her gratitude to staff for a well -executed 4th of July event. Councilmember Jonathan shared some photographs of a new mural recently completed at the Palm Desert Aquatic Center. He highlighted there is also a unisex bathroom and changing room available to use at the aquatic center. Councilmember Jonathan noted a number of contracts that had expired and requests for proposals that came before Council at the last few meetings, and requested a system be devised to notify staff of contracts due to expire so they can take the necessary steps to address them. Mr. Hileman responded that Finance staff has been asked to create an annual bid calendar and to analyze the purchasing procedures over the next few months. 9 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting J U LY 8, 2021 Mayor Pro Tem Harnik noted the environmental impact study comment period closed on July 6 relative to the San Gorgonio -Coachella Valley rail line. She noted Amtrak is energized in bringing more rail across the country, and the project is moving forward. Additionally, she noted the Nine Cities Blood Challenge takes place on July 24, from 8am to 2pm, and encouraged everyone to show up and donate if they are in a position to do so. Councilmember Quintanilla added that Palm Desert came in second place by two units last year, and also encouraged residents to participate in the blood drive. Lastly, Mayor Pro Tem Harnik introduced Andy Ramirez, Deputy Public Works Director, who joined the City's team this week. Mayor Kelly expressed her thanks to the staff who worked on the holiday to produce a successful 4th of July event. CITY MANAGER COMMENTS City Manager Todd Hileman did not have any additional comments to share with the Council. Attorney Carlos Campos reported that they have a summer intern program at their law office, and their current intern is a La Quinta High School graduate who currently lives in Indio. ADJOURNMENT With City Council, Successor Agency, and Housing Authority concurrence, Mayor Kelly adjourned the meeting at 5:12 p.m. ATTEST: eL KATHLEEN KELLY J MAYOR/CHAIR/CHAIRMAN M�GLURIc`HEZ,,T1NG CITY CLERK AND ACT, G SECRET RY/ Palm Desert City Council Successor Agency to the Palm Desert Redevelopment Agency Housing Authority 10