HomeMy WebLinkAboutPrelim Minutes - CC 09/24/2020DRAFT PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 24, 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:
Randy Bynder, Interim City Manager
Robert W. Hargreaves, City Attorney
Andy Firestine, Assistant City Manager
Grace L. Rocha, Acting City Clerk
Lori Carney, Director of Administrative Services
Russell Grance, Director of Building & Safety
Ryan Stendell, Director of Community Development
Martin Alvarez, Director of Economic Development
Tom Garcia, Director of Public Works
Stephen Y. Aryan, Risk Manager
M. Gloria Sanchez, Acting Deputy City Clerk
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
MR. BRAD ANDERSON, Rancho Mirage, expressed concern about the City having
hired Randy Bynder, former City Manager of the City of Rancho Mirage, as Interim
City Manager for the City of Palm Desert. He said Mr. Bynder's appointment as the
Interim is a conflict of interest, adding Palm Desert has an Assistant City Manager
to fill that purpose.
DRAFT PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2020
IV. ADJOURN TO CLOSED SESSION
Reauest for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 72559 Highway 111, Palm Desert (Henderson Community
Building)
Agency Negotiator: Randy Bynder/Martin Alvarez/City of Palm Desert
Other Party Negotiator: Palm Desert Chamber of Commerce
Property Owner: City of Palm Desert
Under Negotiation: x Price x Terms of Payment
2) Property: 72567 Highway 111, Palm Desert
Agency Negotiator: Randy Bynder/Ryan Stendell/City of Palm Desert
Other Party Negotiator: David Hatcher, Chair of the Artists Council
Board of Directors
Property Owner: City of Palm Desert
Under Negotiation: x Price x Terms of Payment
B. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
Number of potential cases: 2
C. Conference with Labor Negotiator pursuant to Government Code Section
54957.6:
Negotiating Party: Randy Bynder/City of Palm Desert
D. 'Public Employment pursuant to Government Code Section 54957:
Title of Position: City Manager
NOITE: The following item was listed on an Agenda Addendum and posted at least
72 hours prior to the meeting.
E. Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(d) (1):
1) Lorraine Salas and Karina Quintanilla v. City of Palm Desert, Riverside
County Superior Court, Case No. PSC 1903800
With City Council concurrence, Mayor Nestande adjourned the meeting to Closed
Session of the City Council and Successor Agency at 3:03 p.m. She reconvened
the meeting at 4:25 p.m.
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DRAFT PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2020
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
Mr. Hargreaves reported that under the City Agenda, Section IV - Close
Session Item Al, the City Council unanimously approved a sublease from
the Palm Desert Chamber of Commerce to the Red Cross, subject to certain
conditions. Secondly, underthe Successor Agency Agenda, Section III, Item
Al, the Agency unanimously approved an Exclusive Negotiating Agreement
(ENA) for six months with Pacific Group for a ten -acre parcel for a
low-income housing project.
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Mayor Gina Nestande
VII. INVOCATION/INSPIRATION - Councilman Sabby Jonathan
VIII. AWARDS AND PRESENTATIONS
None
IX. ORAL COMMUNICATIONS -�B
MS. CHRISTINE STEIN thanked the City Council and staff for being available to all
the small businesses in Palm Desert; 2) Requested staff follow up on an update on
President's Plaza and for the City to move forward with going out to bid on the
project.
MR. TONY C. AGUILAR, JR., expressed support of Castelli's Ristorante's request
for the City to do something about Alessandro Alley, which is an eyesore.
MR. MICHAEL CASTELLI, Palm Desert, noted he opened his restaurant in 1947
and has been asking Palm Desert City Council's to make improvement to
Alessando Alley West. He expressed his frustration with the broken promises from
former Councilmembers and the current City Council. He said this Council is aware
of the conditions of Alessandro Alley west. Further, he requested that reparations
of Alessandro Alley West needed to be fast -tracked, because it's current condition
after so many years is an embarrassment.
Councilman Jonathan requested staff respond to the speakers with an update on
Alessandro Alley.
K,
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2020
X. CONSENT CALENDAR
PALM DESERT CITY COUNCIL
A. MINUTES of the Regular City Council Meeting of September 10, 2020.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 09/01 /2020 and 09/03/2020.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrant Dated 09/04/2020 (Joint Consideration with the Palm Desert
Housing Authority).
Rec: Approve as presented.
D. REQUEST FOR APPROVAL to Release a Call for Artists to Submit
Proposals for Traffic Signal Cabinet Beautification (Contract No. C40470).
Rec: By Minute Motion, approve the release of a Call for Artists to submit
proposals for traffic signal cabinet beautification - funds are available
in Fiscal Year 2020/2021 Public Art Budget Fund 436.
E. REQUEST FOR CONSIDERATON to Purchase Radiance by Patricia Vader
from the 2019/2020 El Paseo Sculpture Exhibition in the Amount of $9,000
(Contract No. C40480).
Rec: By Minute Motion, approve the purchase of Radiance by Patricia
Vader from the 2019/2020 El Paseo Sculpture Exhibition in the
amount of $9,000, exclusive of taxes for inclusion in Palm Desert's
permanent public art collection; 2) authorize Mayor to execute subject
contract - funds are available in Fiscal Year 2020/2021 budget in
Account No. 4364650-4400100,
F. REQUEST FOR APPROVAL of the Consent to Assignment Agreement for
Contract No. C35470 from MailFinance, Inc., to Quadient Leasing USA, Inc.,
for the Lease of a NeoPost IN-700 Mailing System.
Rec: By Minute Motion, approve the Consent to Assignment Agreement for
Contract No. C35470 from MailFinance, Inc., to Quadient Leasing
USA, Inc., for the lease of a NeoPost IN-700 Mailing System.
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DRAFT PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2020
G. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU)
Between the Cities of Indian Wells and Palm Desert for Fifty Percent
Reimbursement of Crossing Guard Services at Gerald Ford Elementary
School (Contract No. C40490).
Rec: By Minute Motion, approve a Memorandum of Understanding
between the cities of Indian Wells and Palm Desert for fifty percent
(50%) reimbursement of crossing guard services at Gerald Ford
Elementary School.
H. REQUEST FOR ADOPTION of Resolution, approving Program Supplement
Agreement No. V18 to the Master Agreement for the San Pablo Avenue
Phase 2 Streetscape Improvements (Project No. 681-20) (Contract
No. C38820D).
Rec: By Minute Motion, waive further reading and adopt Resolution
No. 2020 - 72, approving Program Supplement Agreement No. V18
to Master Agreement No. 00557S between State of California and the
City of Palm Desert for the San Pablo Avenue Phase 2 Streetscape
Improvements (Project No. 681-20).
I. REQUEST FOR AUTHORIZATION to Purchase Four (4) Traffic Signal
Cabinets and Related Equipment in the Amount of $80,399.01 from
Econolite Control Products, Inc.
Rec: By Minute Motion, authorize the purchase of four (4) traffic signal
cabinets and related equipment in the amount of $80,399.01 from
Econolite Control Products, Inc. - funds are available in Account No.
2134250-5000906, Measure A - Traffic Signal and Traffic Signal
Interconnect Equipment Upgrade and Replacement.
J. REQUEST FOR AWARD OF CONTRACT for On -Call Materials Testing and
Special Inspection Services to Earth Systems Pacific (Contract No. C40500),
and to Inland Valley Sladden, Inc., dba Sladden Engineering (Contract
No. C40510), each for a Period of Twenty -Four (24) Months in a Total
Amount, in Aggregate, Not to Exceed $100,000 Annually.
Rec: By Minute Motion: 1) Award Contract No. C40500 to Earth Systems
Pacific, San Luis Obispo, California, and Contract No. C40510 to
Inland Valley Sladden dba Sladden Engineering, Indio, California, for
On -call Materials Testing and Special Inspection Services,.each for
a period of twenty-four (24) months in an aggregate annual amount
not to exceed $100,000; 2) authorize the City Manager to execute the
agreements and up to three (3) 12-month contract extensions per
contract - funds are available in various relevant project accounts
including Measure A and Gas Tax.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2020
K. REQUEST FOR AWARD OF CONTRACT for On -Call Surveying and Plan
Review Consultant Services to Michael Baker International (Contract
No. C40520) and NV5 (Contract No. C40530), in an Aggregate Annual
Amount of $100,000.
Rec: By Minute Motion: 1)Award Contract No. C40520 to Michael Baker
International, Palm Desert, California, and Contract No. C40530 to
NV5, Palm Desert, California, for On -call Surveying and Plan Review
Consultant Services in an aggregate annual amount of $100,000 for
a period of three (3) years; 2) authorize the City Manager to execute
the agreements and up to two (2) one-year contract extensions -
funds are available in Account No.1104300-4301000, Prof-
Architectural/Engineering.
L. CONSIDERATION to Approve a Request to Extend Case No. PP/CUP
16-102 Entitlements for the Proposed Development of the Arc Village Project
and Contract No. HA34970 for the Authority Vacant Property Known as APN
622-370-014 (Allied Real Estate Partners, LLC/Lessee/Applicant) (Joint
Consideration with the Palm Desert Housing Authority).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
M. MINUTES of the September 10, 2020, Regular Meeting of the Board of
Directors of the Successor Agency to the Palm Desert Redevelopment
Agency.
Rec: Approve as presented.
N. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY -
Warrant Dated 09/04/2020.
Rec: Approve as presented.
PALM DESERT HOUSING AUTHORITY
O. MINUTES of the Housing Authority Meeting of September 10, 2020.
Rec: Approve as presented.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2020
P. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES -
Warrant Dated 09/04/2020 (Joint Consideration with the Palm Desert City
Council).
Rec: Approve as presented.
Q. MINUTES of the Palm Desert Housing Commission Meeting of March 4,
2020.
Rec: Receive and file.
Councilmember Harnik requested Item L be removed for separate consideration.
Upon motion by Harnik, second by Weber, and 5-0 vote of the City Council,
with the exception of Item L, the remainder of Consent Calendar was approved as
presented (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None).
XI. CONSENT ITEMS HELD OVER
L. CONSIDERATION to Approve a Request to Extend Case No. PP/CUP
16-102 Entitlements forthe Proposed Development of the Arc Village Project
and Contract No. HA34970 for the Authority Vacant Property Known as APN
622-370-014 (Allied Real Estate Partners, LLC/Lessee/Applicant) (Joint
Consideration with the Palm Desert Housing Authority).
Mayor Pro Tem Kelly moved to, by Minute Motion: 1) Approve request to
extend Case No. PP/CUP 16-102 entitlements and Contract No. HA34970 with Allied
Real Estate Partners, LLC, a California limited liability company, as assignee,
through December 30, 2020, for the proposed development of the Arc Village Project
at the Authority vacant property known as APN 622-370-014; .2) authorize legal
counsel to prepare and finalize an extension contract; 3) authorize the City
Manager/Executive Director or their respective designee to terminate the lease
pursuant to Section 1.4 of Contract No. HA34970 and, concurrently, the entitlements
in the event the Allied Real Estate Partners, LLC, is NOT successful in obtaining
award of HOME funds for the Arc Village Project; 4) authorize the Mayor/Chairman
and/or City Manager/Executive Director or their respective designee to execute any
necessary actions, including executing the extension contract, termination and all
related documents necessary to facilitate the action taken herein for the benefit of
the Arc Village Project. Motion was seconded by Nestande and carried by a 5-0 vote
(AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None).
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DRAFT PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2020
XII. RESOLUTIONS
None
XIII. ORDINANCES
A. For Introduction:
None
B. For Adoption:
None
XIV. NEW BUSINESS
A. REQUEST FOR REVIEW OF ASSEMBLY BILL571 (AB571), WHICH SETS
LOCAL CAMPAIGN CONTRIBUTION LIMITS UNLESS THE CITY SETS ITS
OWN LIMITS, AND DISCUSS THE CITY'S DESIRE, TIMING, AND
PROCESS TO SET ITS OWN LIMITS.
Councilman Jonathan moved to, by Minute Motion: 1) Direct staff to place this
item on the agenda after January 1, 2021, but prior to April 2021; 2) staff research the
potential for the City to either comply or modify State guidelines; 3) staff to explain
the costs to the City if it deviated from the State guidelines; 4) staff to include in their
recommendation the option to maintain the status quo. Motion was seconded by
Nestande and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and
Nestande; NOES: None).
B. REQUEST FOR AUTHORIZATION FOR KEMPER SPORTS
MANAGEMENT TO OFFER DINNER SERVICE AT DESERT WILLOW
GOLF RESORT.
Councilman Jonathan moved to, by Minute Motion, authorize Kemper Sports
Management to offer dinner service at Desert Willow Golf Resort on the Lakeview
Terrace, October 1, 2020, through June 30, 2021, contingent on compliance with
applicable state and county standards. Motion was seconded by Kelly and carried
by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None).
DRAFT PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2020
XV. CONTINUED BUSINESS
None
XVI. 'OLD BUSINESS
A. UPDATE REPORT ON THE EMERGENCY RENTAL ASSISTANCE
PROGRAM.
Mayor Nestande moved to, by Minute Motion, receive and file the Update
Report on the Emergency Rental Assistance Program using Community
Development Block Grant (CDBG-CV) Funds. Motion was seconded by Harnik and
carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES:
None).
B. REQUEST FOR AUTHORIZATION TO GRANT UNITE PALM DESERT
ECONOMIC RELIEF PROGRAM - COMMUNITY PARTNERS FUNDING TO
THE PALM DESERT AREA CHAMBER OF COMMERCE, EL PASEO
BUSINESS IMPROVEMENT DISTRICT, AND SIX (6) PALM DESERT
RESTAURANTS FOR OUTDOOR DINING EXPANSIONS.
Councilman Jonathan moved to, by Minute Motion: 1) Approve a grant of
$25,000 to the Palm Desert Chamber of Commerce for: a - Distribution of free
Personal Protective Equipment (PPE) and management of a PPE store; b -
distribution of "Shop Palm Desert" banners to local businesses; c - creation and
implementation of a "Shop Palm Desert" marketing campaign; d - creation of a Palm
Desert restaurant association; 2) approve a grant of $10,000 to the El Paseo
Business Improvement District for an El Paseo focused "Shop Palm Desert"
marketing campaign; 3) approve grants of $2,500 each to six (6) Palm Desert
restaurants for outdoor dining expansions for a total of $15,000; 4) authorize.the
Interim City Manager to execute any and all documents associated with the above
activities, and allow the City Attorney to make non -substantive changes - funds in
the amount of $50,000 are available in the Economic Development Fund. Motion was
seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber,
and Nestande; NOES: None).
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DRAFT PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2020
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION
RESOLUTION NO. 2779, APPROVING A CONDITIONAL USE PERMIT
(CUP) FOR A 65-FOOT-TALL WIRELESS TELECOMMUNICATION
FACILITY, AND A 288-SQUARE-FOOT EQUIPMENT ENCLOSURE FOR
SMARTLINK, LLC, LOCATED AT 78005 COUNTRY CLUB DRIVE,
Case No. CUP 19-002 (AT&T - Smartlink, LLC, Applicant)(SBA 2012 TC
Assets, LLC, Appellant).
Councilman Jonathan moved to, by Minute Motion, direct staff to make the
findings to prepare a resolution of denial for this case, and return to the City Council
at the meeting of October 15, 2020. Motion was seconded by Nestande and carried
by a 4-1 vote (AYES: Harnik, Jonathan, Weber, and Nestande; NOES: Kelly).
XVIII. MAYOR AND COUNCILMEMBER REPORTS & REMARKS TO THE COMMUNITY
A. Committee Reports and Remarks:
Councilmember Jan C. Harnik
Southern California Association of Governments (SCAG) will be
providing workshops on grant funding, and because the Go Human
Event and the San Pablo Project has been so successful, they invited
the City of Palm Desert to take part in the workshops by
demonstrating what can be done with grant funding.
2. Councilman Sabby Jonathan
Coachella Valley Association of Governments (CVAG), following the
recommendation of the homelessness subcommittee called CV Heart
and recommendation of the CVAG Homelessness Committee, they
voted to terminate the Path of Life contract, which is to expire
December 31, 2020. At that time, CVAG will take the management of
the homelessness program in-house for a one-year test period with
the possibility of it transitioning into a 501(3) organization for a Joint
Powers Authority.
3. Mayor Pro Tern Kathleen Kelly
Joslyn Center is sponsoring a televised fundraiser called "Joslyn In
Motion," featuring Ann Hampton Callaway, it will be aired on NBC
Palm Springs on Saturday, October 3, from 6:30 p.m. to 7:00 p.m.
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DRAFT PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2020
4. Councilmember Susan Marie Weber
Reported she had the opportunity to tour the Riverside County
Behavioral Health Project, which took over the former Roy's Desert
Resource Center. The renovation of the entire inside of the building
is amazing. They already have people living there, and they also have
the clinic connected to it. The program is solving two, problems at
once by providing the homeless a place to live and offering mental
health services to those that need it.
5. Mayor Gina Nestande
None
B. Reauest for Action:
a) Councilmember Jan Harnik requested the Salton Sea Resolution be
agendized for City Council consideration.
b) CouncilmemberJan Harnik requested President's Plaza be agendized
for an update to the City Council.
c) Councilman Sabbv Jonathan requested formation of a 2x2 Sphere of
Influence subcommittee with two members from the City Council and
staff, along with members from the City of Cathedral City.
Councilman Jonathan and Mayor Nestande volunteered to be on the
subcommittee.
d) Councilman Sabbv Jonathan requested Alessandro West be
agendized as an informational item. Mayor Nestande requested the
staff report include options for bringing that project to fruition sooner
rather than later.
e) Mavor Pro Tern Kellv requested the Art In Public Places Commission
take a look at a program that exists in Sacramento called "Wide Open
Walls," which commissions artistic murals. She would appreciate the
Commission checking to see if it's a model that can be adopted in
Palm Desert.
Councilmember Harnik noted the Unite Palm Desert mural is being
painted today on San Pablo.
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DRAFT PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 2020
XIX. STAFF REPORTS AND REMARKS
A. City Manager
Mr. Bynder said it's been a gratifying ones/z weeks as he has been meeting
with directors and talking about some changes and responsiveness to the
public and City Council. He held an all -staff meeting covering topics like job
security and when employees working remotely may return to City Hall. At
the October 15 meeting, he will agendize an item for rolling out a plan for a
phased reopening with options for Council to consider. He added that he
was considering consolidating all three agendas for efficiency.
Mayor Nestande said she welcomed it.
B. City Attorney
None
C. City Clerk
None
XX. ADJOURNMENT
With City Council concurrence, Mayor Nestande adjourned the meeting at 6:49 p.m.
ATTEST:
GINA NESTANDE, MAYOR
GRACE L. ROCHA, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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