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Home My WebLink About01 2021-1014 Council Minutes DraftCITY 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 14, 2021 CALL TO ORDER — 3:00 P.M. Mayor Kelly convened the meeting. ROLL CALL Present: Mayor Pro Tem/Vice Chair/Vice Chairman Jan C. Harnik Councilmember/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 Norma I. Alley, MMC, City Clerk/Secretary Niamh Ortega, Deputy City Clerk PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: Any person wishing to discuss any Closed Session business that is within the subject matter may participate utilizing one of the three options listed on the back page of this agenda. ADJOURN TO CLOSED SESSION: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) (City) Property: 73-520 Fred Waring Drive (APN 622-250-018) Agency Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Other Party Negotiator: Riverside County Sheriff Department Property Owner: City of Palm Desert DRAFT MINUTES — FOR DISCUSSION PURPOSES ONLY City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting OCTOBER 14, 2021 2) (City) Property: 45656 Mountain View (APN 627-351-024-8) and 45653 Portola Avenue (APN 627-351-010-5) City Negotiator: Todd Hileman/Janet Moore Other Party Negotiator: The Lerae Britain Moeller Bush Living Trust Property Owner: The Lerae Britain Moeller Bush Living Trust 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 — 4:00 P.M. a) Roll Call b) Pledge of Allegiance to the Flag — Mayor Pro Tempore Jan Harnik c) Inspiration/Invocation — Councilmember Sabby Jonathan REPORT ON ACTION FROM CLOSED SESSION Relative to Closed Session Item A.2, City Attorney Robert Hargreaves reported the Council voted to accept the two properties listed (4-0-1; Abstain: Harnik) AWARDS, PRESENTATIONS, AND APPOINTMENTS None MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmember Nestande reported she attended Coffee with a Cop with Det. Stone, and he reported the Citizens on Patrol (COPS) needs volunteers. She noted anyone over the age of 18 can volunteer and she encouraged those who are interested to apply for the program. No law enforcement experience is necessary. Councilmember Quintanilla shared her thoughts on the Paint El Paseo Pink walk, sharing that over 18,000 people attended. She encouraged everyone to schedule their screenings and to donate blood and platelets. Mayor Pro Tem Harnik also shared how impressed she was with the sea of pink at paint El Paseo Pink, and it served as great reminder to get screened. She attended the Riverside County Transportation Committee and reported they are working to secure State Transportation Improvement Plan (STIP) funds and noted there is approximately $17M allocated to the proposed rail project through the Coachella Valley. Lastly, she reported her attendance at the San Bernardino Assembly members housing roundtable. Minutes Page 2 DRAFT MINUTES — FOR DISCUSSION PURPOSES ONLY City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting OCTOBER 14, 2021 Mayor Kelly noted she and Mayor Pro Tem Harnik compose the Council subcommittee on committees and commissions and they have brought various recommendations to the Council in recent months. She noted prior to the pandemic staff assembled an ad hoc committee to work on method to improve civic engagement to equip and connect all segments of the community with the civic process. The subcommittee hopes to bring a recommendation to the Council in the near future to make it one of the routine committees. NON -AGENDA PUBLIC COMMENTS None. CONSENT CALENDAR All matters listed on the Consent Calendar are considered to be routine and may be approved by one (1) Minute Motion. 1. MINUTES of the regular City Council, Successor Agency, and Housing Authority Meeting of September 9, 2021. Rec.: Approve as presented. 2. COMPLIANCE ANALYSIS AND INVESTMENT REPORT for the months of May, June, July and August, 2021; and General Fund Financial Report as of August, 2021 (CC). Rec.: Receive and file. 3. ORDINANCE NO. 1369: Adopt an ordinance amending Palm Desert Municipal Code Chapter 2.68 relating to the Art in Public Places Commission Bylaws (2nd reading) (CC). Rec.: Waive further reading and adopt. 4. RESOLUTION NO. 2021-62: Approving Final Tract Map No. 37993 and related Subdivision Improvement Agreement with GHA Montage P.D., LLC (CC). Rec.: Waive further reading and adopt Resolution No. 2021-62 approving Final Tract Map No. 37993 and the Subdivision Improvement Agreement related thereto. Minutes Page 3 DRAFT MINUTES — FOR DISCUSSION PURPOSES ONLY City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting OCTOBER 14, 2021 5. REQUEST TO AUTHORIZE findings that the State of California continues in a Governor -declared state of emergency to combat the Covid epidemic, that state and local health officials are recommending social distancing, and consequently that the City Council and its other Brown -Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e) (CC). Rec.: By Minute Motion, the City Council hereby finds the State of California continues in a Governor -declared state of emergency to combat the Covid epidemic, that state and local health officials are recommending social distancing, and consequently that the City Council and its other Brown -Act bodies may continue to employ remote teleconferencing under Government Code Section 54953(e). 6. REQUEST TO AUTHORIZE a Grant of Easement to Southern California Edison for property located on Upper Way West (APN 628-130-008) (CC). Rec.: By Minute Motion: By Minute Motion, (1) Authorize the Grant of Easement to Southern California Edison for property located on Upper Way West (APN 628- 130-008); and (2) Authorize the Mayor to execute the same. 7 REQUEST TO AUTHORIZE a one (1) year lease agreement with Anthony Westergaard of Palm Desert RC Raceway for the operation of a remote -control racetrack on a vacant City -owned parcel (APN 640-091-010) (Contract No. C42260) (CC). Rec.: By Minute Motion, authorize the City Manager to execute a one (1) year lease agreement with Anthony Westergaard of Palm Desert RC Raceway for the operation of a remote -control racetrack on a vacant City -owned parcel located on Painters Path. 8. REQUEST TO ACCEPT Contract No. C38790 with Leonida Builders, Inc. of Santa Clarita, California for the Alessandro West Improvements — Phase I as complete and authorize the City Clerk to file the Notice of Completion (Project No. 817-16) (CC) Rec.: By Minute Motion, (1) accept the Alessandro West Improvements — Phase I Project as complete; and (2) authorize the City Clerk to file the Notice of Completion. 9. REQUEST TO AUTHORIZE additional funding, in the amount of $122,600, for additional work with Ideapeddler, as provided for in Contract Nos. C37180 and C37183 (CC). Rec.: By Minute Motion, that the City Council authorize $122,600 to be used at the City Manager's discretion for extra work that may arise during the year, as defined and provided for in Contract Nos. C37180 and C37183. Minutes Page 4 DRAFT MINUTES — FOR DISCUSSION PURPOSES ONLY City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting OCTOBER 14, 2021 10. REQUEST FOR APPROVAL Approve a temporary waiver to Palm Desert Municipal Code Section 9.58.010 (Consumption of alcoholic beverages on public property) for the sale and consumption of alcohol at the Henderson Building located at 72559 Highway 111, Palm Desert, CA (APN 640-370-015). (CC). Rec.: By Minute Motion: 1. Approve a temporary waiver to Palm Desert Municipal Code (PDMC) Sections 9.58.10 and 9.58.20 (Possession/Consumption of Alcohol on City Property) in conjunction with events related to First Weekend and annually occurring special events. 2. Authorize the City Manager to approve up to ten (10) additional temporary event waivers to PDMC Sections 9.58.10 and 9.8.20 (Possession/Consumptions of Alcohol on City Property) as needed throughout FY 21/22. 3. Authorize the City Manager to execute and California Department of Alcoholic Beverage Control documents, as required. Main Motion: Approve all items on the consent calendar, as presented. Moved by: Harnik/Quintanilla Vote and Action: 5 Yes/0 No. Motion Carried PUBLIC HEARINGS None ACTION CALENDAR 11. RESOLUTION NO. SA-RDA-086: Finding that real property identified as approximate +/- 11.94-acre portion of APN 694-310-006 is not subject to requirements of the Surplus Land Act and taking related actions (SA). Main Motion: Postpone item to the meeting of October 28, 2021. Moved by: I Harnik/Nestande Vote and Action: 5 Yes/0 No. Motion Carried Minutes Page 5 DRAFT MINUTES — FOR DISCUSSION PURPOSES ONLY City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting OCTOBER 14, 2021 12. REQUEST TO AWARD Contract No. C41880 for Landscape Maintenance Area (LMA) No. 1 to Mariposa Landscapes, Inc., of Irwindale, California, for a 56-month period for the monthly amount of $40,319, or $483,828.00 annually, and include repair work and services for an annual amount not to exceed $100,000 (Project No. 901-22) (CC) Main Motion: 1. Award Contract No. C41880 for Landscape Maintenance Area (LMA) No. 1 to Mariposa Landscapes, Inc., of Irwindale, California, for a 56-month period for the monthly amount of $40,319 or $483,828.00 annually; 2. Authorize irrigation, plant, and related extra work and services for an annual amount not to exceed $100,000; 3. Authorize the Mayor to execute the agreement; and 4. Authorize the City Manager to approve change orders associated with this contract based on staff's recommendations. Moved by: Harnik/Quintanilla Vote and Action: 5 Yes/0 No. Motion Carried 13. REQUEST FOR DIRECTION regarding modifications to dining decks within the City of Palm Desert (CC) Rec.: By Minute Motion, provide City staff direction to: 1. Remove all dining decks that are not in compliance by the City's compliance date of October 31, 2021; or 2. Extend the compliance date one -month through November 30, 2021; or 3. For all restaurant owners that submit their Temporary Use Permit application prior to October 31, 2021, only grant those that applied a one -month extension through November 30, 2021, to make the required modifications to the dining decks. Main Motion: Authorize staff to grant an extension of the compliance date through December 31, 2021, based on good faith progress. Moved by: Jonathan/Nestande Vote and Action: 5 Yes/0 No. Motion Carried INFORMATION ITEMS None. CITY MANAGER COMMENTS None. Minutes Page 6 DRAFT MINUTES — FOR DISCUSSION PURPOSES ONLY City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting ADJOURNMENT OCTOBER 14, 2021 With City Council, Successor Agency, and Housing Authority concurrence, Mayor Kelly adjourned the meeting at 4:55 p.m. KATHLEEN KELLY MAYOR/CHAIR/CHAIRMAN ATTEST: NORMA I. ALLEY, MMC, CITY CLERK AND SECRETARY Palm Desert City Council Successor Agency to the Palm Desert Redevelopment Agency Housing Authority Minutes Page 7