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HomeMy WebLinkAbout2021-11-18CITY 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) MINUTES Thursday, November 18, 2021 CALL TO ORDER — 3:00 P.M. Mayor Kelly convened the meeting. ROLL CALL Present: Mayor Pro Tern/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 Staff Present: Todd Hileman, City Manager/Executive Director Robert W. Hargreaves, City Attorney Andrew Firestine, Assistant City Manager Janet Moore, Director of Finance Niamh Ortega, Deputy City Clerk Gloria Sanchez, Records Coordinator PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None. ADJOURN TO CLOSED SESSION Mayor Kelly adjourned the regular meeting to closed session at 3:01 p.m. MINUTES NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting A. Conference with Real Property Negotiator pursuant to Government Code Section ' 54956.8: 1) (City) Property: Authorize the City Manager and City Attorney to finalize and execute an amendment to the existing lease with Riverside County for the City -owned property located at 73520 Fred Waring Drive (APN 622-250-018) for use by the Riverside County Sheriffs Department. City Negotiator: Todd Hileman/Andrew Firestine Other Party Negotiator: County of Riverside Property Owner: City of Palm Desert 2) (City) Property: Dsrt Surf Lagoon and Resort Project (APN 620-420-023 and 620- 420-024) City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Other Party Negotiator: Desert Wave Ventures, LLC Property Owner: City of Palm Desert B. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City Negotiator: Todd Hileman , Other Party Negotiator: Palm Desert Employee Organization C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): 1) Potential cases: 2 Mayor Kelly adjourned the closed session at 4:20 p.m.. RECONVENE THE CITY COUNCIL. SUCCESSOR AGENCY. AND HOUSING AUTHORITY MEETING Mayor Kelly reconvened the regular meeting at 4:35 p.m. a) Roll Call b) Pledge of Allegiance to the Flag — Mayor Kathleen Kelly c) Inspiration/Invocation — Councilmember Karina Quintanilla REPORT ON ACTION FROM CLOSED SESSION Relative to Item Al, City Attorney Hargreaves reported the Council unanimously authorized an , amendment to the lease subject to certain additions requested by Council. The agreement would be released once finalized. Page 2 MINUTES NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting ' Relative to Item B, City Attorney Hargreaves reported that the Council unanimously authorized negotiations with the Palm Desert Employee Organization to move forward. Relative to the remaining items, direction was given but no action was taken. AWARDS. PRESENTATIONS. AND APPOINTMENTS None. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmember Jonathan reported he attended numerous in -person events. He congratulated staff at the Living Desert Zoo and Gardens for the successful ribbon cutting and opening of the Rhino Exhibit. He requested that staff look at options of a City -operated police force in addition to considerations under the Shared Services Agreement with neighboring cities. Councilmember Quintanilla supported the request. Mayor Pro Tern Harnik, noted she attended the most recent Riverside County Transportation Commission meeting where the topic of discussion was the valley's rail project. She also ' attended the Coachella Valley Rescue Mission graduation and was inspired by those who completed the program. She commented on the CV/Sync project overseen by the Coachella Valley Association of Governments (CVAG) to synchronize traffic signals throughout the valley. The studies showed where the "middle mile" would be for broadband, and the project was included on the Governor's list that will receive Middle Mile funding. Councilmember Nestande reported on the CVAG Energy and Environmental Committee meeting she attended, and shared that the Coachella Valley, Western Riverside County and San Bernardino County were approved by the Public Utility Commission (PUC) to form a regional utility network, which would result in approximately $66 million distributed to the network over a five-year span. Councilmember Quintanilla reported she attended the Joslyn Center fundraiser and shared there was a need for Meals -on -Wheels drivers. She also brought forward a request on behalf of the Cultural Arts Committee to revert to its status as a commission. Mayor Kelly indicated the Committee and Commission Subcommittee would review the request. Councilmember Quintanilla also requested to allow staff the opportunity to explore becoming a community partner with UCR School of Medicine, providing an opportunity to Palm Desert to provide additional services and stability. Councilmember Jonathan supported the request. Mayor Kelly clarified that the request was not for a new department but to be alert to possibilities for collaboration with existing partners. Page 3 MINUTES NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Mayor Kelly reported on the recent opening of the Palm Desert iHub which was attended by all ' Councilmembers and a number of staff members the previous day. She noted it was to support start-up companies and designed to house programs relative to cybersecurity, entrepreneurship and hospitality. She also noted a request from a resident for additional bike racks and asked that staff explore ways to incentivize private property owners to construct bike racks on their properties. Councilmember Jonathan supported to the request. Mayor Kelly announced she would adjourn the meeting in honor of local business owner and former City Committee member Ella Manor who recently passed away. Ms. Manor was active in Soroptimist and was a member of the committee that worked on the City's incorporation in 1973. 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 October 14, 2021 (CC) (SA) (HA) Rec.: Approve as presented. 2. APPROVE 2021 CLAIMS AND DEMANDS WARRANTS: Citv: 8/23, 9/9, 9/17, 9/30, 10/6, 10/15, 10/18, and 10/22 (CC); SuccessorAaencv: 8/27, 9/17, and 10/15 (SA); City and Housina Authoritv: 8/27, 8/30, 10/1, 10/15, 10/22, 10/29 (CC & HA); and Housing 10/22 (HA) Rec.: Receive and file. 3. 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.: 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). Page 4 MINUTES NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 4. ORDINANCE NO. 1370: amending Palm Desert Municipal Code Chapter 3.44 "Transportation Uniform Mitigation Fee" (TUMF) reflecting changes to the collection of fees (2nd Reading) (CC) Rec.: Waive further reading and adopt Ordinance No. 1370. 5. ORDINANCE NO. 1371: amending Palm Desert Municipal Code Section 2.36.060 regarding a process for members of the Council to sponsor agenda items (2"d Reading) (CC) Rec.: Waive further reading and adopt Ordinance No. 1371. 6. ORDINANCE NO. 1372: amending Palm Desert Municipal Code Section 2.52.705(F), "Accrued Vacation Time Buy -Back", to include a requirement that employees make an irrevocable election if they wish to buy back up to eighty (80) hours of their vacation time per calendar year, prior to accrual; and amending section 2.52.305(F), 'Probationary Employees" to allow probationary employees use of accrued leave while on probationary status. (15t reading) (CC) Rec.: Pass Ordinance No. 1372 to second reading for consideration to amend Palm Desert Municipal Code Section 2.52.705(F) and Section 2.52.305(F). ' 7. RESOLUTION NO. 2021-67: approving actions related to homebuyer assistance from the Housing Mitigation Fund in an amount necessary to secure an affordable housing cost associated with the conveyance of fourteen (14) vacant parcels to Coachella Valley Housing Coalition for the purpose of constructing single-family homes to be made available through the self-help program to qualified very low and low income households (CC) Rec.: City Council, waive further reading and: 1. Approve City Resolution No. 2021- 67 approving homebuyer assistance loans from the Housing Mitigation Fund in an amount necessary to secure an affordable housing cost pursuant to California Health and Safety Code Section 50052.5 associated with the conveyance of fourteen (14) vacant parcels to The Coachella Valley Housing Coalition ("CVHC") as described in the Disposition and Development Agreement, Contract No. C36510 (the "Agreement'), for the purpose of constructing single-family homes to be made available through the self-help program to qualified very low and low income households (the 'Project'), and in an aggregate amount not to exceed $355,000; 2. Authorize legal counsel to finalize the associated loan documents for a loan to be secured by a fourth lien trust deed, to be forgivable after fifteen (15) years and with terms consistent with the program funding requirements of the homebuyer assistance Housing Mitigation Fund; 3. Authorize the Finance Director to draw monies not to exceed $355,000 from the Housing Mitigation Fund and approve the transfer of funds to facilitate the forgivable homebuyer assistance loans; Page 5 MINUTES NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 4. Authorize the Mayor and/or the City Manager or their respective designee to ' approve and execute the loan documents and any ancillary documents necessary to effectuate the actions taken herewith; and 5. Appropriate $355,000 to account number 2144490-4390100 from unobligated Housing Mitigation Fund Balance. 8. RESOLUTION NO. 2021-66: approving Final Parcel Map No. 38120 related to Montecito Subdivision (CC) Rec.: Waive further reading and approve Resolution No. 2021-66. 9. RESOLUTION NO. 2021-68: authorizing the destruction of paper records, that have been digitally imaged, from the Development Services Department Planning/Land Development Division to rely on the electronic record as the official record (CC) Rec.: Waive further reading and adopt Resolution No. 2021-68. 10. REQUEST FOR APPROVAL to award homebuyer assistance loans to qualified buyers for resales within Desert Rose and Falcon Crest not to exceed forty percent (40%) of the allowable sales price and authorize the City Manager to approve transaction costs specific to each resale (CC) (HA) ' Rec.: By Minute Motion, the City Council and the Housing Authority Board: 1. In the developments of Desert Rose and Falcon Crest, approve silent homebuyer assistance loans not to exceed forty percent (40%) of the allowable sales price (to be increased by reasonable closing costs, commissions, and any approved upgrades), in total for either a direct sale or a Housing Authority sale from any available funding source restricted for such purpose (BEGIN, Housing Mitigation, Housing Authority program income) and authorize the Director of Finance to draw from the appropriate funds accordingly; 2. Authorize the City Manager to approve payment of the transaction costs if necessary for the purpose of repairs required for closing, fees customary to real estate transactions in Riverside County including escrow, title FHA fees, inspections, vermin eradication, commissions, approved upgrades, and disclosures; and 3. Authorize the Chairman of the Palm Desert Housing Authority or the Housing Authority Executive Director or a designee to execute any documents necessary to facilitate this transaction and actions taken herewith. 11. REQUEST TO AUTHORIZE the disposal of the declared office furniture as surplus property and authorizing RPM Company to dispose of as appropriate (HA) Rec.: Declare the office furniture items listed on the attached Exhibit "A" as surplus ' property and authorize RPM Company to dispose of as appropriate. Page 6 MINUTES NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 12. REQUEST TO AUTHORIZE the City Manager and City Attorney to finalize and execute an amendment to the existing lease with Riverside County for the City -owned property located at 73520 Fred Waring Drive (APN 622-250-018) for use by the Riverside County Sheriffs Department (CC) Rec.: Authorize the City Manager and City Attorney to finalize and execute the an amendment to the existing lease with Riverside County for the City owned property located at 73520 Fred Waring Drive (APN 622-250-018) for use by the Riverside County Sheriffs Department. 13. REQUEST TO AUTHORIZE the award of Contract No. C42400 for the design -build of the Development Services Lobby Renovations to Tilden -Coil Constructors, Inc., of Riverside, California, in the amount of $950,000 (Project No. 727-20) (CC) Rec.: 1. Award Contract No. C42400 for the design -build of the Development Services Lobby Renovations to Tilden -Coil Constructors, Inc. of Riverside, California, in the amount of $950,000; 2. Authorize the Finance Director to transfer $100,000 from the Council Chambers Improvements (Account No. 4004161-4400100) to the Development Services Lobby Renovations (Account No. 4504161-4400100); 3. Authorize the Director of Finance to set aside contingency for unforeseen conditions in the amount of $100,000; 4. Authorize the City Manager or designee to review and approve written change order requests for unanticipated conditions, per Section 3.30.170 of the Palm Desert Municipal Code; and 5. Authorize the City Manager, or designee, to execute the agreement and any documents necessary to effectuate the actions taken herewith. 14. REQUEST TO AUTHORIZE the award of Contract No. C37960E to R Dependable Construction, Inc. of San Bernardino, California, for City Council Chambers Renovation Project in the amount of $925,000.00 (Project No. 765-19) (CC) Rec.: 1. Award Contract No. C37960E to R Dependable Construction, Inc. of San Bernardino, California for the City Council Chambers Renovation Project in the amount of $925,000.00; 2. Authorize the Director of Finance to set aside a contingency for unforeseen conditions in the amount of $100,000.00; 3. Authorize the City Manager or designee to review and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount; and 4. Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. This item was removed for separate consideration. Page 7 MINUTES NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Main Motion: 1. Award Contract No. C37960E to R Dependable Construction, Inc. of ' San Bernardino, California for the City Council Chambers Renovation Project in the amount of $925,000.00; 2. Authorize the Director of Finance to set aside a contingency for unforeseen conditions in the amount of $100,000.00; 3. Authorize the City Manager or designee to review and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount; and 4. Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. Moved by: I Harnik/Quintanilla Vote and Action: 1'5 Yes/0 No, Motion Carried 15. REQUEST TO APPROVE Contract No. C38840D with Granite Construction Company of Indio, California, for the CV Link Project as complete, and authorize the City Clerk to file a Notice of Completion (Project No. 707-20) (CC) This item was removed for separate consideration. Main Motion: Accept Contract No. C38840D with Granite Construction Company of Indio, California, for the CV Link Project as complete; and authorize the Moved by: Harnik/Jonatha the Notice of Completion. ' City Clerk to file Y� n Vote and Action: 5 Yes/0, No. Motion, Carried j 16. REQUEST TO APPROVE the Palm Desert Charter Middle School 2022 Panther 5K (CC) Rec.: Approve the Palm Desert Charter Middle School Panther 5K scheduled for Sunday, January 23, 2022, and approve road closures on El Paseo between Highway 74 and Portola Avenue. 17. REQUEST TO APPROVE a Councilmember Liaison to the Cultural Resources Preservation Committee (CC) Rec.: Approve Councilmember Quintanilla as the 2021 Councilmember Liaison to the Cultural Resources Preservation Committee. 18. REQUEST TO APPROVE the City of Palm Desert's participation in the National Opioid Settlements with the three largest pharmaceutical distributors, McKesson, Cardinal Health, and AmerisourceBergen, and one manufacturer, Janssen Pharmaceuticals, Inc., and its parent company Johnson & Johnson; and approve the Proposed California State - Subdivision Agreement Regarding Distribution and Use of Settlement Funds for both settlements (CC) I Rec.: 1. Approve the City of Palm Desert's participation in the National Opioid Settlements with the three largest pharmaceutical distributors, McKesson, Page 8 MINUTES NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting ' Cardinal Health, and AmerisourceBergen, and one manufacturer, Janssen Pharmaceuticals, Inc., and it's parent company Johnson & Johnson; and 2. Approve the Proposed California State -Subdivision Agreement Regarding Distribution and Use of Settlement Funds for the Distributor Settlement and Janssen (J&J) Settlement; and 3. Authorize the City Manager to execute the settlement participation form, settlement documents and any other documents necessary to effectuate the actions taken herewith. 19. REQUEST TO APPROVE a one (1) year waiver of Business License fees, inclusive of fees related to the El Paseo Business Improvement District, for President's Plaza businesses with access exclusively off the President's Plaza parking lot (CC) Rec.: Approve a one (1) year waiver of Business License fees, inclusive of fees related to the El Paseo Business Improvement District, in an amount not to exceed $3,000 total for President's Plaza businesses with access exclusively off the President's Plaza parking lot. 20. REQUEST FOR CONSIDERATION to ratify the City Manager's approval for out-of-state travel for Director of Development Services, Deputy Director of Development Services, and Permit Center Supervisor to visit the Permit Center staff of the City of Bellevue, Washington, on November 8, 2021 (CC) Rec.: Ratify the City Manager's authorization for out-of-state travel for staff from the City's Development Services Department to meet with Permit Center staff from the City of Bellevue, Washington. 21. REQUEST FOR CONSIDERATION to Ratify the City Manager's Authorization of Amendment 3 to Contract No. C38440 with GDG, Inc. to expand Courtesy Cart operations to Presidents Plaza (CC) Rec.: 1. Ratify the City Manager's authorization to amend Contract No. C38440 to expand Courtesy Cart operations to include the use of a third cart to service Presidents Plaza during construction from November 5, 2021 — January 31, 2022; 2. Authorize expenditures not to exceed $21,500 for the expanded Courtesy Cart services; and 3. Appropriate General Funds in an amount not to exceed $21,500 for Fiscal Year 2021/2022 in Account No. 1104416-4368100, Courtesy Carts. Page 9 MINUTES NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 22. REQUEST FOR DIRECTION on the selection of a pricing program for the Lease- ' Purchase of Turf Equipment; approve a Master Lease -Purchase Agreement for a Term of 60 Months; authorize the City Manager to execute a Master Equipment Lease - Purchase Agreement; and declare the list of Trade-in Equipment as surplus and apply the trade-in value of CCC to the cost of the new equipment (CC) This item was removed for separate consideration. Main Motion: Postpone to meeting of December 16 pending additional clarification from staff. Moved by: Quin tanilla/Harnik Vote and Action: 1.5 Yes/0'No. Motion .Carried 23. RECEIVE AND FILE the City of Palm Desert's Social Media Policy Regarding Holidays and Commemorations (CC) Rec.: Receive and file. 24. RECEIVE AND FILE Desert Willow Management Request for Proposals Evaluation Committee Member List (CC) Rec.: Receive and file. ' Main Motion: Approve Consent Calendar with the exception of Items 14, 15, and 22 which were removed for separate consideration. Moved by: Nestande/Jonathan Vote and Action: ( 5 Yes/0No. Motion Carried ACTION CALENDAR 25. REQUEST FOR ACTION to review public input results and select artist Kyle Absolom or Donald Gialanella to create artwork for the San Pablo Phase 1 roundabout on San Pablo Avenue and San Gorgonio Way (CC) Main Motion: 1. Review public input results and select artist Kyle Absolom or Donald Gialanella to create an artwork for the San Pablo Phase 1 roundabout on San Pablo Avenue and San Gorgonio Way; 2. Approve the attached Agreement in the amount of $125,000 to include artwork design, fabrication, and delivery to the project site; and 3. Authorize the Mayor to execute the Agreement and allow the City Attorney to make non -substantive changes. Moved by: I Quintanilla/Harnik ' Vote and Action: 1,4 Yes(1_ No (Jonathan).. Motion Carried Page 10 MINUTES NOVEMBER 18, 2021 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting ' 26. REQUEST FOR DIRECTION on recommended improvements for the Haystack Road Traffic Calming and Safety Improvements (Project No. 667-21) (CC) Main Motion: Direct staff to proceed with the approach as proposed in the Haystack Road Traffic CalmiW and Safety Study. Moved by: Vote and Action: [Jonathan/Nestande 5 Yes/0 Nor, Motion Carried 27. REQUEST FOR CONSIDERATION to request the Planning Commission to review the timeshare ordinance and provide City Council with any recommended amendments (CC) Rec.: By Minute Motion, request the Planning Commission review the timeshare ordinance and provide City Council with any recommended amendments. Main Motion: Table item pending further staff input. ... _ _ .. _.. Moved by: Harnik/Quintanilla V ote and Action: 5 Yes/0 No. Motion Carried CITY MANAGER COMMENTS I None. ADJOURNMENT With City Council, Successor Agency, and Housing Authority concurrence, Mayor Kelly adjourned the meeting in memory of Ella Manor at 5:51 p.m. LID- KATHLEYeN KELLY MAYOR/CHAIR/CHA RMAN ►_T411111r:63n Te— N(AMH M--bRTEGA, DEPUTY CITY CLERK AND ASSISTANT SECRETARY Palm Desert City Council Successor Agency to the Palm Desert Redevelopment Agency Housing Authority Page 11