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HomeMy WebLinkAboutPreliminary Minutes - CC - SA-RDA - HA 10/29/2020CITY 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) DRAFT MINUTES THURSDAY, OCTOBER 29, 2020 CALL TO ORDER — 3:00 P.M. Mayor Nestande convened the meeting at 3:01 p.m. Present: Councilmember/Director/Member Jan C. Harnik Councilman/Director/Member Sabby Jonathan Mayor Pro Tem/Vice Chair/Vice 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: 1) (City Council) Property: APN 694-120-028 Agency Negotiator: Randy Bynder/Ryan Stendell Other Party Negotiator: Palm Communities Property Owner: Palm Communities DRAFT MINUTES OCTOBER 29, 2020 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting B. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(CC): Potential cases: 2 C. 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 3:01 p.m. She reconvened the meeting at 4:12 p.m. 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 — Councilman Sabby Jonathan c) Inspiration/Invocation — Councilmember Jan C. Harnik REPORT ON ACTION FROM CLOSED SESSION Mr. Hargreaves reported that for Closed Session Item Al, the City Council unanimously authorized staff to negotiate an Exclusive Negotiating Agreement (ENA) with Palm Communities with respect to the 10-acre parcel (APN 694-120-028) for affordable housing. PRESENTATIONS • The Living Desert Presentation by President/CEO Allen Monroe • SunLine Transit Agency Presentation by Chief of Public Affairs Brittney B. Sowell NON -AGENDA PUBLIC COMMENTS MR. PHIL STEIN, registered his complaint regarding services by Burrtec Waste Management & Recycling Services. He also requested assistance on how to get his money back from the McCallum Theater for the purchase of $1,000 worth of tickets for a Barry Manilow Show. He said he's having a difficult time getting through to them. MS. EEVET EDENS, Executive Director of Desert Cancer Foundation, introduced herself and thanked the City Council for its continued partnership and support. Most recently for the City's sponsorship of Paint El Paseo Pink, which was a virtual event that turned out better than expected. 2 DRAFT MINUTES OCTOBER 29, 2020 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting MR. MICHAEL HACKETT, with VRON Palm Desert, which stands for Vacation Rental Owners & Neighbors of Palm Desert, stated he is in favor of vacation rentals and their new alliance is organizing and growing. They would like to work with the City Council to solve issues with those in opposition in a respectful and sensitive way. The following individuals spoke in opposition to a ban on short-term rentals: MR. CODY CARLSON MS. ANI VARTABETIAN MR. FRANK DESIMONE MR. CHAINE OLIVIER MR. AND MRS. SHARROW (via email) MR. MATHIAS VINCE KARLEN (via email), requested the City Council expand and phase out short-term rentals. CONSENT CALENDAR 1. MINUTES of the City Council, Successor Agency, and Housing Authority for the meeting of October 15, 2020. 2. APPROVE CLAIMS AND DEMAND WARRANTS — City 09/24/2020, 09/25/2020- 09/30/2020, 09/25/2020, 10/02/2020 (2 Qty.), 10/09/2020, and 10/13/2020; Successor Agency 10/02/2020. 3. COMMITTEE AND COMMISSION MINUTES for the Citizens' Sustainability Committee (07/27/2020), Palm Desert Youth Committee (12/09/2019, 01/13/2020, and 02/03/2020), and Palm Desert Housing Commission (09/02/20). 4. RESOLUTION NO. 2020 — 76, repealing Resolution No. 2019-74, and adopting a records retention schedule and authorizing destruction of certain city records for the City of Palm Desert. 5. RESOLUTION NO. 2020 - 77, authorizing the destruction of paper records that have been digitally imaged from the Department of Community Development— paper files dated 1973 to 2016 (CC). 6. APPROVE A THREE (3) YEAR FUNDING AGREEMENT between the City of Palm Desert and the Coachella Valley Economic Partnership (CVEP) constituting CVEP's funding for Fiscal Year 2020-2021, Fiscal Year 2021-2022, and Fiscal Year 2022-2023 in the amount of $50,000 annually (Contract No. C40810) (CC). Removed for separate consideration under Consent Items Held Over. Please see that portion of the Minutes for Council action. 3 DRAFT MINUTES OCTOBER 29, 2020 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 7. APPROVE THE NOMINATIONS of Andy Firestine to serve as President, and Martin Alvarez and Ryan Stendell to serve as Vice Presidents of the Palm Desert Recreational Facilities Corporation (PDRFC) (CC). 8. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C39920 — Monterey Avenue Pavement Rehabilitation Project, and authorize the City Clerk to file a Notice of Completion (Project No. 752-19) (Granite Construction Company, Indio, CA) (CC). 9. REQUEST FOR ACCEPTANCE of the City's Citizens Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) expenditure plan and funding for Fiscal Year 2020-2021, in an anticipated unencumbered award balance of approximately $201,000 (as of 10/07/2020)(CC). 10. REQUEST FOR APPROVAL of an updated public safety vendors list for equipment repairs, equipment purchases, and specialty services utilized by the Palm Desert Police and Fire Departments in Fiscal Year 2020-2021, and approve an exception to purchasing requirements as provided by Section 3.30.160(C)(D)(H)(K) of the Palm Desert Municipal Code (CC). 11. ORDINANCE NO. 1358 — Adopting a Notice of Exemption under the California Environmental Quality Act; and a Zoning Ordinance Amendment to revise PDMC Section 25.34.030 "Accessory Dwelling Unit" 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 to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU), CASE NO: ZOA 20-0001 (This is the Second Reading)(CC). Councilman Jonathan requested Item 6 be removed for separate consideration under Consent Items Held Over. Upon Motion by Harnik, second by Weber, and 5-0 vote of the City Council, with the exception of Item 6, the remainder of Consent Calendar was approved as presented (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). Cl. DRAFT MINUTES OCTOBER 29, 2020 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting CONSENT ITEM HELD OVER 6. APPROVE A THREE (3) YEAR FUNDING AGREEMENT between the City of Palm Desert and the Coachella Valley Economic Partnership (CVEP) constituting CVEP's funding for Fiscal Year 2020-2021, Fiscal Year 2021-2022, and Fiscal Year 2022-2023 in the amount of $50,000 annually (Contract No. C40810) (CC). Mayor Pro Tern Kelly moved to, by Minute Motion: a) Approve a three-year funding agreement in the amount of $50,000 per fiscal year ($150,000) total) between the City of Palm Desert and the Coachella Valley Economic Partnership for the City's annual investment for Fiscal Years 2020/2021, 2021/2022, and 2022/2023; b) authorize the Mayor to execute the agreement, and allow the City Attorney to make non -substantive changes. Funds in the amount of $50,000 are available in the Fiscal Year 2020/2021 Economic Development Department Budget, Account No. 1104430-4322100, and funds for Fiscal Years 2021/2022 and 2022/2023 will be subject to appropriation in future fiscal budgets. Motion was seconded by Nestande and carried by a 4-1 vote (AYES: Harnik, Kelly, Weber, and Nestande; NOES: Jonathan). ACTION CALENDAR 12. REQUEST FOR AUTHORIZATION TO PURCHASE THREE PATROL BMW `MOTORCYCLES FOR THE PALM DESERT POLICE DEPARTMENT FROM BMW MOTORCYCLES OF RIVERSIDE, IN THE AMOUNT OF $87,214.62 (CC). Councilmember Weber moved to, by Minute Motion: a) Authorize the purchase of three Patrol BMW Motorcycles (R1250RT-P) for $87,214.62 from BMW Motorcycles of Riverside, California, consistent with the terms and conditions of the County of Orange Contract PO-060-20010474 and pursuant to Palm Desert Municipal Code Section (PDMC) 3.30.160(E); b) appropriate $87,214.62 from Account No. 2294210-4391400 for the purchase of three new BMW police motorcycles; c) approve the motor replacement schedule as outlined in this report; d) declare three Honda police motorcycles and two BMW police motorcycles identified in this report as surplus and dispose of via auction or salvage. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan; Kelly, Weber, and Nestande; NOES: None). 13. CONSIDERATION FOR APPROVAL OF A SPONSORSHIP REQUEST FOR DESERT X FOR THE 2021 EXHIBITION (CC). Councilman Jonathan moved to, by Minute Motion, continue this item to the meeting of November 19, 2020, with direction to staff to provide financial statements that includes a balance sheet and income statement for the past three fiscal years, and the budget for the current year (both income and expenses). Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). 5 DRAFT MINUTES OCTOBER 29, 2020 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 14. APPROVE THE RELOCATION OF THE PALM DESERT CERTIFIED FARMER'S MARKET TO SAN PABLO AVENUE (CC). Mayor Pro Tern Kelly moved to, by Minute Motion: a) Approve the relocation of the Palm Desert Certified Farmers' Market to San Pablo Avenue starting December 2, 2020; b) authorize the road closure on San Pablo Avenue between Alessandro Drive and San Gorgonio Way, with direction to staff to return to the City Council in January on an update of the addition of a weekend farmer's market event with the current vendor or an alternate certified vendor. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). 15. AUTHORIZATION TO UTILIZE REMAINING UNCOMMITTED UNITE PALM DESERT ECONOMIC RELIEF FUNDS TO AUGMENT THE COMMUNITY PARTNERS PROGRAM. Mayor Pro Tern Kelly moved to, Minute Motion: a) Authorize the use of up to $89,900 of uncommitted Unite Palm Desert Funds to augment the Community Partners Program as outlined in the staff report; b) authorize the Interim City Manager to execute documents consistent with this City Council action, and allow the City Attorney to prepare said documents; c) direct staff to provide a status report to the City Council in December 2020 highlighting how the funds are being used to assist our businesses, and authorization to the Economic Development Subcommittee to work on refining the criteria for distribution of funds. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). INFORMATION ITEMS 16. UPDATE ON THE INCREASE OF COVID-19 TESTING EFFORTS IN PALM DESERT. With City Council concurrence, the report was received and filed (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). PUBLIC HEARING None DRAFT MINUTES OCTOBER 29, 2020 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Request for Action: Request to add Uraencv Item to the Aaenda by Councilman Jonathan. Councilman Jonathan moved to add Urgency Item - Consideration of the Mayor's signature on a letter of support for the formation of a coalition of counties to the agenda, assigning it Item No. 17. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). 17. CONSIDERATION OF THE MAYOR'S SIGNATURE ON A LETTER OF SUPPORT FOR THE FORMATION OF A COALITION OF COUNTIES. Councilman Jonathan stated he hopes the proposed coalition may give cities a stronger voice in Sacramento as it relates to COVID-19 and reopening the economy in a pragmatic and safe approach. Mayor Pro Tem Kelly moved to, by Minute Motion, appointed Councilman Sabby Jonathan and Mayor Pro Tern Kathleen Kelly to a subcommittee for the purpose of drafting a letter of support for the Mayor's signature on the proposed County Coalition. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). CITY MANAGER COMMENTS by Randy Bynder, Interim City Manager • Mr. Bynder reported he will place on the November 19, 2020, agenda the Economic Development Goals and Objectives Update, which was requested previously by a Councilmember. • The Mayor signed a proclamation for the three kids that kayaked 18 miles across the Salton Sea to raise awareness of the environmental crisis in the region. He added the proclamation will be mailed to them. • The City of Palm Desert is an Official Election Ballot drop-off location on the corner of San Pablo and Fred Waring, Monday through Friday, 8:00 a.m. — 5:00 p.m., and extended hours on Election Day on November 3, 7:00 a.m. to 8:00 p.m. • Weighing in on the CVEP three-year contract (Item No. 6), he said he agreed with Councilman Jonathan in that it sets a precedence to some extent, but one idea as a compromise might be to do a $100,000 for two years in the future. • The Marketing Committee has several positions vacant that can be filled now as Marketing Manager Thomas Soule has individuals to fill them. Mr. Soule has a persuasive argument, in that they are not selected by the City Council, because these are people are employed in 8 DRAFT MINUTES OCTOBER 29, 2020 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting MAYOR/COUNCILMEMBER REPORTS AND REQUEST FOR ACTION Reports: Committees/Commissions Sub -committee - Councilmember Harnik noted she and Councilmember Weber and Management Analyst Chris Gerry are continuing the work on updating the guidelines for simplifying the selection and interview process, and the structure as a whole. 2. Southern California Association of Governments (SCAG) — Councilmember Harnik reported SCAG has been meeting with members of Congress who represent the six counties. They are pushing, as part of a stimulus package, that instead of just making it about bridges and roads, they want to include broad band as part of the infrastructure package. 3. Lupine Plaza— Councilmember Harnik commended staff forgetting it done quickly, stating it's a very pleasant place to be, and it will serve surrounding restaurants well. Councilman Jonathan concurred, stating he hopes that in the weeks to come staff can provide a report that gages its level of success. 4. Halloween Cruisina El Paseo — October 31, 2020 — Councilmember Harnik announced the event starts at 5:00 p.m., where you can dress up your vehicle, your pet or yourself and come out to El Paseo and display your costumes. 5. The Livina Desert Plaque Presentation — Councilmember Weber shared she, Public Information Officer David Hermann, Assistant City Manager Andy Firestine, and Interim City Manager Randy Bynder attended the dedication of the plaque to the City of Palm Desert for its partnership and support of The Living Desert. Coachella Vallev Association of Governments (CVAG) — Councilman Jonathan reported that a historic meeting took place with the CVAG Executive Committee and the CVAG Transportation Committee where they had two momentous occasions. The first was regarding the Regional Signalization Program where approval was granted to move forward with the Construction Management contract for just under $4 million, which includes Highway 111 at Ramon Road and Washington Street. The second one was the approval of $53 million for the construction of an additional 20 miles of CV Link, in addition to the 31/2 miles already constructed. 7 DRAFT MINUTES OCTOBER 29, 2020 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting the industry. He said staff will be providing a comprehensive report at the meeting of November 19 on the rest of the Committees/Commissions, but Mr. Soule was hoping to fill the two slots in the interim. Mayor Pro Tern Kelly recalled the rules provide for some appointees to serve according to function and it would be appropriate to approve them, but they should be considered under the Consent Calendar. Councilmember Harnik requested the appointments for filling the vacancies for the Marketing Committee be placed on the next agenda under the Consent Calendar. ADJOURNMENT With City Council/Successor Agency/Housing Authority concurrence, Mayor Nestande adjourned the meeting at 6:27 p.m. ATTEST: GRACE L. ROCHA, ACTING CITY CLERK AND ACTING SECRETARY GINA NESTANDE MAYOR/CHAIR/CHAIRMAN 7