HomeMy WebLinkAboutPreliminary Minutes - CC - SA-RDA - HA 10/15/2020CITY OF PALM DESERT
REGULAR
PALM DESERT CITY COUNCIL (CC),
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT
AGENCY(SA),
AND HOUSING AUTHORITY MEETING (HA).
(VIRTUAL MEETING)
DRAFT MINUTES
THURSDAY, OCTOBER 15, 2020
CALL TO ORDER:
Mayor Nestande convened the meeting at 3:00 p.m.
Present:
Councilmember/Director/Member Jan C. Harnik
Councilman/Director/Member Sabby Jonathan
Mayor Pro Tem/Vice ChairNice Chairman Kathleen Kelly
Councilmember/Director/Member Susan Marie Weber
Mayor/Chair/Chairman Gina Nestande
Also Present:
Randy Bynder, Interim City Manager/Interim 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
ADJOURN TO CLOSED SESSION:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
DRAFT MINUTES OCTOBER 15, 2020
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority
1) (Joint City Council and Successor Agency)
City Property: APN 620-400-008, APN 620-420-024 - Desert Willow
Golf Resort Overflow Public Parking Lot
Agency Negotiator: Randy Bynder/Martin Alvarez
Other Party Negotiator: Desert Wave Ventures, LLC
Property Owner: City of Palm Desert
And
Successor Agency Property: APN 620-420-023 - Desert Willow Golf
Resort Lot Pad B
Agency Negotiator: Randy Bynder/Martin Alvarez
Other Party Negotiator: Desert Wave Ventures, LLC
Property Owner:.Successor Agency
2) (City Council)
City Property: Civic Center Park Cell Tower
Property Negotiator: Randy Bynder/Andy Firestine
Other Party Negotiator: TowerPoint
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)(CC/SA):
Potential cases 2
C. Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(d) (1) (CC):
1) Lorraine Salas and Karina Quintanilla v. City of Palm Desert, Riverside
County Superior Court, Case No. PSC 1903800
Note: The following items were added to Closed Session by a 5-0 vote of the City
Council.
C. Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(d) (1) (CC):
2) Rodrigo M. Rodriguez v. City of Palm Desert
Riverside County Superior Court, Case No. PSC 2004097
D. Conference with Legal Counsel regarding initiation of litigation pursuant to
Government Code Section 54956.9(d) (4) (CC):
Potential Case 1
With City Council concurrence, Mayor Nestande adjourned the meeting to Closed
Session of the City Council and Successor Agency at 3:01 p.m. She reconvened
the meeting at 4:10 p.m.
2
DRAFT MINUTES OCTOBER 15, 2020
City, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
RECONVENE THE CITY COUNCIL. SUCCESSOR AGENCY. AND HOUSING,
AUTHORITY MEETING
a) Roll Call: Harnik, Jonathan, Kelly, Weber, and Nestande
b) Pledge of Allegiance to the Flag - Councilmember Jan C. Harnik
c) Invocation - Mayor Pro Tern Kathleen Kelly
REPORT ON ACTION FROM CLOSED SESSION
Mr. Hargreaves requested the City Council add Items C2 and D to Closed
Session.
Upon motion by Harnik, second by Nestande, and 5-0 vote of the City Council,
Items C2 and D were added to Closed Session (AYES: Harnik, Jonathan, Kelly,
Weber, and Nestande; NOES: None; ABSENT: None).
PRESENTATIONS
Chief Bill Weiserwith Cal Fire/Riverside County Fire Department introduced himself
noting he was appointed as the County Fire Chief on August 4, 2020.
NON -AGENDA PUBLIC COMMENTS
Andrew Foster, via email, requested the City Council support Proposition 16.
CONSENT CALENDAR
1. MINUTES of the City Council, Successor Agency, and Housing Authority for
the meeting of September 24, 2020.
2. APPROVE CLAIMS AND DEMAND WARRANTS - City: 09/4/20, 9/09/20,
09/11/20, 9/16/20-9/30/20, and 9/18/20; City and Housing: 9/18/20;
Successor Agency: 09/18/20 (CC/HA/SA).
3. RECEIVE AND FILE the Parks and Recreation Committee Minutes for the
Meeting of June 16, 2020 (CC).
41
DRAFT MINUTES OCTOBER 15, 2020
City, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
4. RESOLUTION NO. 2020 - 74 - A Resolution of the City Council of the City
of Palm Desert, California, Granting the Appeal to Overturn Planning
Commission Resolution No. 2779, Thereby Denying the Conditional Use
Permit Case No. 19-0002 (AT&T-Smartlink, LLC, Applicant) (SBA 2012TC
Assets, LLC, Appellant) (Continued from the meeting of September 24,
2020) (CC).
This item was withdrawn from Consent Calendar due to the Applicant
withdrawing the application.
5. APPROVE AWARD OF CONTRACT for On -Call Plumbing Services for
Park and Landscape Facilities to Pro -Craft Construction, Inc., in an Amount
Not to Exceed $40,000 Annually for a Period of Thirty (30) Months and Up
to Three (3) One-year Contract Extensions (Contract No. C40620) (CC).
6. RECEIVE AND FILE Quarterly Report - Palm Springs International Airport
Commission - City of Palm Desert's Appointed Representative Rolf Hoehn
(CC).
7. AUTHORIZATION to Increase Plan Review/Inspection Service Contracts for
Professional Services Agreements to Scott Fazekas & Associates, Willdan
Engineering, and Interwest Consulting Group in the Amount of $150,000.
The New Cumulative Total is $300,000. Funds Are Available in Fiscal Year
2020-2021 Budget (C38750 A-C) (CC).
Removed for separate consideration under Consent Items Held Over.
Please see that portion of the Minutes for Council discussion and
action.
8. APPROVE THE DESERT WILLOW UNIT MEMBERSHIP AGREEMENT for
Golf -related Benefits Provided to Households at the Retreat at Desert Willow
(Contract No. C40640) (CC).
9. AUTHORIZE PURCHASE of a Front End Loader from RDO Equipment
Company, Riverside, California, in the Amount of $197,642.48. Funds are
available in Account No. 5304310-4403000, Equipment Replacement
(Contract No. C40680) (CC).
Item No. 4 was withdrawn from Consent Calendar, and Councilman Jonathan
requested Item No. 7 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 Nos. 4 and 7, the remainder of Consent Calendar was
approved as presented (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES:
None).
2
DRAFT MINUTES OCTOBER 15, 2020
City, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
CONSENT ITEMS HELD OVER
7. AUTHORIZATION to Increase Plan Review/Inspection Service Contracts for
Professional Services Agreements to Scott Fazekas & Associates, Willdan
Engineering, and Interwest Consulting Group in the Amount of $150,000.
The New Cumulative Total is $300,000. Funds Are Available in Fiscal Year
2020-2021 Budget (C38750 A-C) (CC).
Councilman Jonathan moved to, by Minute Motion, authorize an additional
expenditure of $75,000 total for professional services agreements to Scott Fazekas
& Associates (C38750A), Willdan Engineering (C38750B), and Interwest Consulting
Group (C38750C) for building plan review/inspection services for the fiscal year
2020-2021, with authorization to the City Manager to hire full-time people to fill the
positions. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Kelly, Weber, and Nestande; NOES: None).
ACTION CALENDAR
10. PROVIDE DIRECTION ON THE PLACEMENT OF ART IN THE SAN PABLO
ROUNDABOUT(Continued from the meeting of September 10, 2020) (CC).
Councilmember Harnik moved to, by Minute Motion, approved staff moving
forward with the release of the San Pablo Roundabout Sculpture Call for Entries.
Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan,
Kelly, Weber, and Nestande; NOES: None).
11. APPROVAL OF PROPOSED 2020 NEW YEAR'S EVE EVENT (CC).
Councilman Jonathan moved to, by Minute Motion: a) Approve and authorize
expenditures in an amount not to exceed $30,000 ($20,000 to Drone Light Show and
$10,000 to ancillary vendors) from the Fiscal Year 2020-2021 Budget for production
of a proposed 2020 New Year's Eve Event; b) authorize City Manager to execute
ancillary vendor contracts associated with production of the event in an amount not
to exceed $10,000, with staff directed to explore partnerships with adjacent cities
and sponsorship opportunities with other organizations i.e. Westfield Mall and
Marriott, and that the focus is on making this a community event. Motion was
seconded by Harnik and carried a 3-2 vote (AYES: Harnik, Jonathan, and Weber;
NOES: Kelly and Nestande).
5
DRAFT MINUTES OCTOBER 15, 2020
City, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
12. AWARD OF CONTRACT FOR ONE QUAIL PLACE ROOF REPAIR AND
CANDLEWOOD APARTMENTS ROOF REPLACEMENT TO BEST
CONTRACTING SERVICES, INC., IN THE TOTAL AMOUNT OF $1,248,666
(CONTRACT NO. HA40260) AND AUTHORIZATION TO USE GARLAND
/DBS, INC., FOR THE PURCHASE OF ROOF MATERIALS AND SUPPLIES
IN THE AMOUNT OF $511,164.19 (CONTRACT NO. HA40650) (HA).
Vice Chairman Kelly moved to, by Minute Motion: a) Reject lowest bid
submitted by Chapman Coast Roof Company, Inc., as non -responsive (lack of bid
bond) ; b) award Contract No. HA40260 to Best Contracting Services, Inc., Gardena,
California, for One Quail Place Roof Repair and Candlewood Apartments Roof
Replacement in the total amount of $1,248,666; c) authorize the use of Garland/DBS,
Inc., (Contract No. HA40650) for the purchase of roof materials and supplies
pursuant to 3.30.160(E) of the Palm Desert Municipal Code, necessary to complete
this Project in the amount of $511,164.19; d) authorize Director of Finance to set
aside 10% contingency for unforeseen conditions in the amount of $124,867; e)
authorize the Executive Director or designee to review and approve written requests
for the use of the contingency for unforeseen conditions up to the contingency
amount; f) authorize Executive Director or designee to execute the Notice of
Completion (NOC) and the Secretary to file the NOC, upon satisfactory completion
of the Project; g) authorize the Executive Director and/or designee to take any
necessary actions to facilitate the contract and execute any documents necessary
to effectuate the action taken herewith. Funds are available in Fiscal Year 2020-2021
Authority's Capital Replacement Budget. Motion was seconded by Weber and
carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES:
None).
13. AWARD OF CONTRACT FOR CONSTRUCTION MANAGEMENT
SERVICES FOR PRESIDENT'S PLAZA EAST AND WEST PARKING LOT
IMPROVEMENTS TO SOUTHSTAR ENGINEERING & CONSULTING, INC.,
IN THE AMOUNT OF $853,960 (PROJECT NO.758-14) (CONTRACT NO.
C3704013) (CC).
Councilmember Harnik moved to, by Minute Motion: a) Award Contract
No. C37040B in the amount of $853,960 to Southstar Engineering & Consulting,
Inc., Riverside, California, for construction management services for the
President's Plaza Parking Improvements project; b) authorize the Mayor to execute
the Agreement. Funds for this contract are available in Account No. 4514692-
4400100 Capital Bond Funds. Based on the current project estimate, an
appropriation will be required at the time of contract award for construction.
Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik,
Jonathan, Kelly, Weber, and Nestande; NOES: None).
C.
DRAFT MINUTES OCTOBER 15, 2020
City, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
14. AUTHORIZE STAFF TO NEGOTIATE A CONTRACT WITH THE ALTUM
GROUP TO UPDATE PLANS FOR PHASE II ALESSANDRO ALLEY
IMPROVEMENTS (CONTRACT NO. C40670) (CC).
Councilmember Kelly moved to, by Minute Motion, authorize staff to negotiate
a contract with The Altum Group to update the plans for the Phase II Alessandro
Alley Improvements, and authorize Interim City Manager to execute the contract.
Funds are available for the design in Account No. 4514341-4400100, Capital Bond
Funds for the Alessandro Alley Improvements, with direction to staff to continue
exploring all actions associated with the acquisition of the vacant parcels. Motion
was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly,
Weber, and Nestande; NOES: None).
15. RESOLUTION NO. 2020 - 75 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS
CONTINUED SUPPORT FOR A COMPREHENSIVE ANALYSIS OF
WATER IMPORT ALTERNATIVES AS PART OF THE LONG-TERM
SOLUTION FOR THE SALTON SEA (CC).
C,ouncilmember Weber recused herself from this item.
Mayor Pro Tern Kelly moved to waive further reading and adopt Resolution
No. 2020 - 75, and appointed Councilmember Jan C. Harnik to the Salton Sea
Engagement Committee and Mayor Pro Tern Kathleen Kelly as the Alternate. Motion
was seconded by Jonathan and carried by a 4-0 vote (AYES: Harnik, Jonathan, Kelly,
and Nestande; NOES: None; ABSENT: Weber).
INFORMATION ITEMS
None
PUBLIC HEARING
16. ORDINANCE NO. 1357 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN EXTENSION OF THE
TEMPORARY 45-DAY INTERIM URGENCY ORDINANCE ESTABLISHING A
MORATORIUM ON THE ISSUANCE OF SHORT-TERM RENTAL PERMITS
WITHIN ALL PLANNED RESIDENTIAL ZONING DISTRICTS UNLESS THE
OWNER CAN PROVIDE WRITTEN APPROVAL FROM A HOMEOWNERS'
ASSOCIATION (HOA) THAT SHORT-TERM RENTALS ARE PERMITTED WITH
THE HOA UNTIL A SUBSEQUENT ORDINANCE BECOMES EFFECTIVE, BUT
FOR A PERIOD NOT TO EXCEED SIX MONTHS (CC).
Mayor Nestande recused herself from this item.
7
DRAFT MINUTES OCTOBER 15, 2020
City, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Mayor Pro Tern Kelly declared the public hearing open and invited public testimony,
and at the conclusion of hearing all speakers, she declared the public hearing
closed.
Councilman Jonathan moved to waive further reading and adopt Ordinance
No. 1357. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Harnik,
Jonathan, Weber, and Kelly; NOES: None; ABSENT: Nestande).
17. ORDINANCE NO. 1358 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT; AND A ZONING ORDINANCE AMENDMENT TO REVISE PALM
DESERT MUNICIPAL CODE SECTION 25.34.030 "ACCESSORY
DWELLING UNITS" AND MODIFY SECTION 25.10.030 "RESIDENTIAL
ALLOWED LAND USES AND PERMIT REQUIREMENTS," SECTION
25.18.040 "DOWNTOWN LAND USE AND PERMIT REQUIREMENTS"
AND SECTION 25.99.020 "LAND USE DEFINITIONS" TO COMPLY WITH
STATE LEGISLATION PERTAINING TOACCESSORY DWELLING UNITS
(ADu) AND JUNIOR ACCESSORY DWELLING UNITS (JADu), CASE NO:
ZOA 20-0001 (CC).
Mayor Nestande declared the public hearing open and invited public testimony.
With no testimony offered, she declared the public hearing closed.
Mayor Pro Tem Kelly moved to waive further reading and pass Ordinance
No. 1358 to second reading. Motion was seconded by Harnik and carried by a 5-0
vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None).
MAYOR/COUNCILMEMBER REPORTS AND REQUEST FOR ACTION
Reports:
JPIA Conference - Councilmember Jan Harnik noted Administrative
Services Director Lori Carney was a panelist at the Conference, and she
did a great job covering risk management associated with COVID-19 in the
workplace.
2. Art In Public Places & Public Safety Committee - Councilmember Susan
Marie Weber thanked committee members of these two bodies for
participating in the Zoom meetings, including staff for efficiently setting
them up. She noted Interim City Manager Randy Bynder has been able to
join these meetings to meet some of the members, which they appreciated.
9
DRAFT MINUTES OCTOBER 15, 2020
City, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
3. Leaaue of California Cities Conference (LOCC) - Mayor Pro Tern Kelly
stated that attending these types of conferences are a great opportunity
for both Councilmembers and staff to be inspired and to receive good
information about best practices. One takeaway was the following words
of inspiration, "The goal should not be to tolerate each other, but to
appreciate each other."
Reauest for Action:
Update on the Economic Development Strateaic Plan Goals &
Obiectives - Councilmember Harnik said goals and objectives were set
about three years ago and she would like a written report on what has
been achieved.
2. Respond to Constituent - Mayor Pro Tern Kelly stated Council received
a written submission from Christine Eilman, the owner/operator of "You
Dirty Dog," expressing concerns about the project on San Pablo. In
particular, the increased presence of homeless after completion of the
project. She requested staff reach out to Ms. Eilman and deploy
outreach workers if there is an opportunity to engage the folks there and
connect them with appropriate services.
3. Reauest for more COVID Testing - Mayor Nestande stated that after
sitting in on the County Supervisor's meeting for the public health
updates, the Coachella Valley and Riverside County is doing great as a
whole in terms of hospitalization rates of COVID patients. However,
there is not enough testing being done, so she is trying to get the word
out to encourage people to do so. Although, the City, in conjunction with
Borrego Community Health Foundation has been conducting testing
every two weeks, she would like to see it be done weekly to avoid going
back to the purple tier. She didn't know if there was funding available for
this, but would like staff to look into the matter.
CITY MANAGER COMMENTS
1. Soft Openina of Citv Hall - Randy Bynder announced the City will have
a soft opening in Development Services for Planning and Code
Compliance on Tuesday, October 20. The departments will be open three
days a week 8:00 a.m. to noon by appointment. Mask and social
distancing will be required. A designated greeter will assist the public at
the entrance. The plan is to have A and B teams alternating at City Hall
to avoid having everyone return all at once. Staff will monitor the
situation and modify as needed.
1.1
DRAFT MINUTES OCTOBER 15, 2020
City, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
2. City Hall is an Official Voting Ballot Drop-off Location - reported the City
is averaging about 1,000 ballots a day. In -person voting will be available
at various locations starting on October 23. For those wishing to track
their ballot, they can register at WheresMvBallot.sos.ca.gov
3. Lupine Public Plaza - Director of Community Development Ryan
Stendell went live from Lupine Plaza to provide the City Council and the
public a tour of the outdoor set up. Mr. Stendell noted the Economic
Development team began pushing out communications to local
restaurants to let them know this space is available for their use.
ADJOURNMENT
With City Council/Successor Agency/Housing Authority concurrence, the meeting
was adjourned at 6:50 p.m.
ATTEST:
GINA NESTANDE
MAYOR/CHAIR/CHAIRMAN
GRACE L. ROCHA, ACTING CITY CLERK
AND ACTING SECRETARY
10