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Home My WebLink AboutPrelim Minutes - CC 09/10/2020-L 14 Draft PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 10, 2020 CITY OF PALM DESERT (VIRTUAL MEETING) I. CALL TO ORDER - 3:00 P.M. Mayor Nestande convened the meeting at 3:01 p.m. II. ROLL CALL Present: Councilmember Jan C. Harnik Councilman Sabby Jonathan Mayor Pro Tern Kathleen Kelly Councilmember Susan Marie Weber Mayor Gina Nestande Also Present: Lauri Aylaian, City Manager Robert W. Hargreaves, City Attorney Andy Firestine, Assistant City Manager Grace L. Rocha, Acting City Clerk Lori Carney, Director of Administrative Services Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Finance/City Treasurer Tom Garcia, Director of Public Works M. Gloria Sanchez, Acting Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2,96aft A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Lease Property: 72567 Highway 111, Palm Desert - C29860 (Palm Springs Art Museum, Inc.) Agency Negotiator: Lauri Aylaian/Ryan Stendell Other Party Negotiator: Louis Grachos, Executive Director Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(d)(4) C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Party: Lauri Aylaian/City of Palm Desert D. 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 3:02. She reconvened the meeting at 4:40 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Hargreaves reported the City Council voted unanimously to appoint Randy Bynder as the Interim City Manager effective Monday, September 14, 2020, subject to approval of a contract with Mr. Bynder that is on the agenda as an Addendum. VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Sabby Jonathan VII. INVOCATION/INSPIRATION - Councilmember Jan C. Harnik VIII. AWARDS AND PRESENTATIONS None IX. ORAL COMMUNICATIONS - B The City received numerous emails for an item on the agenda under Section XIV - New Business - Item A - Consideration of Interim Urgency Ordinance relating to Short -Term Rentals, and they were read into the record under that section. PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2(p6aft X. CONSENT CALENDAR PALM DESERT CITY COUNCIL A. MINUTES of the Regular City Council Meeting of August 27, 2020, and Special Meeting of the City Council of August 31, 2020. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 07/14/2020, 07/16/2020, 07/24/2020, 07/30/2020, 07/31 /2020, 08/05/2020 - 08/31 /2020, 08/07/2020, 08/10/2020, 08/13/2020 - 08/31 /2020, 08/17/2020 - 08/31 /2020 (2 Qty), 08/26/2020 - 08/31 /2020, and 08/27/2020 - 08/31 /2020. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 07/24/2020 and 08/21/2020 - 08/31/2020 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. RESOLUTION NO. 2020 - 71. A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Records That Have Been Digitally Imaged from the Department of Community Development, to Rely on the Electronic Record as the Official Record (Exhibit A). Rec: Waive further reading and adopt. E. REQUEST FOR APPROVAL of Fiscal Year 2020-2021 City -Produced Events Authorized Vendor List. Rec: By Minute Motion: 1) Grant an exception to the bidding requirements as provided for in Sections 3.30.160K of the Palm Desert Municipal Code, not to exceed $25,000 for any one vendor during Fiscal Year 2020-2021; 2) approve the Fiscal Year 2020-2021 City -Produced Events Authorized Vendor List. 3 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2,p6aft B. For Adoption: None XIV. NEW BUSINESS A. CONSIDERATION FORAPPROVALOF INTERIM URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ISSUANCE OF SHORT-TERM RENTAL PERMITS WITHIN ALL PLANNED RESIDENTIAL ZONING DISTRICTS, UNLESS THE OWNER CAN PROVIDE AN AFFIRMATIVE RESPONSE FROM AN HOMEOWNERS ASSOCIATION (HOA) THAT SHORT-TERM RENTALS ARE LAWFUL. Mayor Nestande recused herself from this item due to a conflict of interest and left the meeting. The following individuals provided public comments by phoning in or sending an email requesting their comments b read into the record. All were in support of the temporary moratorium, ith the goal of a ban on short-term rentals with a sunset of six months, and a rezoning of the area if necessary. Rebecca Flanagan, Diamondback Drive, Palm Desert Jim and Gladys Bersamin, Meadow Lane, Palm Desert Cliff Sanforth, Sandpiper Court, Palm Desert Mark Wasson, Via Fonda, Palm Desert Nancy Nowak and William Choplin, Diamondback Drive, Palm Desert Maria and Jorge Rodriguez, College View Circle, Palm Desert Miguel Leal, Lavender Way, Palm Desert Bill and Cheryl Bester, West Hovely, Palm Desert Am (no last name provided) Scott and Courtney Halterlein Nicholas Marcus Latkovic, Via Fonda, Palm Desert (phoned in). Councilman Jonathan moved to: 1) Waive further reading and adopt by four -fifths vote, Interim Urgency Ordinance No. 1357, establishing a temporary moratorium on the issuance of short-term rental (STR) permits within all Planned Residential (PR) zoning districts, unless the owner can provide written approval from an Homeowners Association (HOA) that short-term rentals are permitted within the HOA; 2) By Minute Motion, direct City Council STR subcommittee, consisting of Mayor Pro Tern Kathleen Kelly and Councilman Sabby Jonathan, to review and provide a recommendation to the City Council. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Harnik, Jonathan, Weber, and Kelly; NOES: None; ABSENT: Nestande). 1.1 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2Q6aft B. REQUEST FOR AUTHORIZATION OF EXTRA WORK BY IDEAPEDDLER IN THE AMOUNT OF $122,000 AS PROVIDED FOR IN CONTRACT NOS. C37180 /C37182. Councilmember Harnik moved to, by Minute Motion, authorize $122,000 to be used at the City Manager's discretion for extra work by Ideapeddler, Austin, Texas, that may arise during the year as defined and provided for in Contract Nos. C37180 and C37182. Motion was seconded by Weber and carried by a 5- vote AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). C. REQUEST FOR CONSIDERATION TO REINSTATE THE FINANCING TEAM FOR THE UNIVERSITY PARK COMMUNITY FACILITIES DISTRICT (CFD) BOND REFUNDING. Mayor Pro Tem Kelly moved to, by Minute Motion, authorize the City Manager and Director of Finance to reinstate the financing team to prepare the necessary preliminary documentation for Refinanc ng/Financing Bonds for University Park. This will include entering into engageme t letters and agreements with the financing team for their services. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). D. REQUEST FOR CONSIDERATION OF REFUNDING SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02) LIMITED OBLIGATION IMPROVEMENT BONDS, SERIES 2007. Councilmember Weber moved to, by Minute Motion: 1) Authorize City Manager and Finance Officer (Director of Finance of the City of Pam Desert) to begin working with the financing team (including: Best, Best and Krieger; Richards, Watson and Gershon; Del Rio Advisors; and Willdan Financial Services) to prepare the necessary documentation for the issuance of the refunding bonds for Section 29 Assessment District Series 2007 Bonds. This will include entering into engagement letters and agreements with the financing team for their services; 2) authorize staff to select an underwriter from the approved Underwriters Pool based on the criteria established in the Request for Qualifications dated June 4, 2018, and prioritized by the refunding needs of the District. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). rl PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2(p6aft E. REQUEST FOR AWARD OF CONTRACT TO LOS ANGELES ENGINEERING, INC. FOR THE SAN PABLO AVENUE PHASE 2 STREETSCAPE IMPROVEMENTS IN THE AMOUNT OF $6,655,233.00 (PROJECT NO. 681-20) (CONTRACT NO. C38820B). Mayor Pro Tern Kelly moved to, by Minute Motion: 1) Award subject contract in the amount of $6,655,233 to Los Angeles Engineering, Inc., Covina, California, for the San Pablo Avenue Phase 2 Streetscape Improvements; 2) authorize Director of Finance to set aside a 15 percent contingency in the amount of $998,284.95; 3) authorize the City Manager or designee to review and approve written change order requests for amounts up to $100,00 each and a cumulative maximum amount of $500,000 for the use of contingency for unanticipated conditions, per Section 3.30.170 of the Palm Desert Municipal Code; 4) appropriate $1,067,000 from Unobligated Measure A reserve; 5) authorize the Mayor to execute the agreement. Aside from the requested appropriation, funds are available in Account No. 4514342- 4400100, Capital Bond Funds; and Account No. 2134342-4400100, Measure A Fund. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Har ik, Jonathan, Kelly, Weber, and Nestande; NOES: None). i F. REQUEST FOR DIRECTION REGARDING REOPENING THE OUTSIDE AGENCY FUNDING CYCLE FOR FISCAL YEAR 2020/2021. Direction to Staff: Do not reopen the Outside Agency Funding Cycle for Fiscal Year 2020/2021, but that there will be discussion for the future year. NO ACTION WAS TAKEN G. REQUEST FOR DIRECTION RELATED TO POLICIES FOR TEMPORARY OUTDOOR DINING DURING THE COVID-19 PANDEMIC. Mayor Pro Tern Kelly moved to, by Minute Motion: 1) approve staff to streamline the Temporary Use Permit (TUP) process at no cost to an applicant to facilitate outdoor dining, including parking areas, dining decks, sidewalks, etc., during the COVID-19 pandemic in consultation with the Economic Development Subcommittee; 2) approve the concept of Lupine Lane street closure for creating an outdoor pavilion/food court; 3) authorize the use of the Unobligated Economic Development Reserve Fund to facilitate the outdoor dining proposal up to an amount not to exceed $70,000, if needed. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). N PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2(1?6aft NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. H. REQUEST FOR CONSIDERATION AND AUTHORIZE THE MAYOR TO EXECUTE, A POTENTIAL CONTRACT FOR INTERIM CITY MANAGER SERVICES. Mayor Pro Tern Kelly moved to, by Minute Motion: 1) authorize the Mayor to execute the proposed contract for Interim City Manager Services, including any non -substantive changes approved by the City Attorney, with refinements as discussed at this meeting; 2) appropriate $65,000 for the subject contract. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR AUTHORIZATION TO ESTABLISH THE UNITE PALM DESERT ECONOMIC RELIEF - HOSPITALITY PROGRAM AND CORRESPONDING PROGRAM GUIDELINES. Mayor Pro Tem Kelly moved to, by Minute Motion: 1) Authorize the establishment of the Unite Palm Desert Economic Relief - Hospitality Program and corresponding program guidelines; 2) approve as to form the Unite Palm Desert Hospitality Program Reimbursement Agreement; 3) authorize the City Manager to execute any and all documents required to implement the Program; 4) authorize the City Attorney to make non -substantive changes to the Program Guidelines and Reimbursement Agreement - funds in the amount of $900,000 were appropriated from the Economic Development Reserve Fund to fund this Program as repurposed. Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). B. REQUEST FOR DIRECTION TO STAFF REGARDING THE RESUMPTION OF IN -PERSON CITY COUNCIL AND COMMITTEE/COMMISSION MEETINGS, AND TO REOPEN CITY HALL TO THE GENERAL PUBLIC ON A WALK-IN BASIS. Direction to staff: 1) Encourage speakers to call in during the meeting; 2) revisit resumption of in -person City Council and Committee/Commission meetings at a future date; 3) consult with current committee/commission members for input about in -person and/or hybrid meetings before the matter appears before the City Council. NO ACTION WAS TAKEN �61 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2,96aft XVII. PUBLIC HEARINGS None XVIII. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY A. Committee Reports and Remarks: 1. Councilmember Jan C. Harnik None 2. Councilman Sabby Jonathan None Mayor Pro Tern Kathleen Kelly I None 4. Councilmember Susan Marie Weber None 5. Mayor Gina Nestande None B. Reauest for Action: 1 Reauest to aaendize Salton Sea Proposed Resolution - Councilmember Jan C. Harnik said a model resolution was provided by representatives of Salton Sea, which she will forward to staff. 2. Reauest to aaendize a Receive and File Update on President's Plaza - Councilmember Jan C. Harnik made the request. XIX. STAFF REPORTS AND REMARKS A. City Manager None 10 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 2p6aft B. City Attorney Mr. Hargreaves noted he will provide a staff report on AB571 - Campaign Contribution Limits at the next City Council meeting. C. City Clerk Ms. Rocha announced the Study Session by Cal State University, San Bernardino - Palm Desert Campus presentation was postponed to Tuesday, September 22, 2020, at 3:00 p.m. XX. ADJOURNMENT With City Council concurrence, Mayor Nestande adjourned the meeting at 8:11 p.m. ATTEST: GINA NESTANDE, MAYOR GRACE L. ROCHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA 11