HomeMy WebLinkAbout2022-04-14CITY 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, April 14, 2022
CALL TO ORDER-3 :00 P.M.
Mayor Harnik called the meeting to order at 3 :00 p .m.
ROLL CALL
Present:
Councilmember/Director/Member Kathleen Kelly
Councilmember/Director/Member Gina Nestande
Councilmember/Director/Member Karina Quintanilla
Mayor/Chair/Chairman Jan C. Harnik
Absent:
Mayor Pro TemNice ChairNice Chairman Sabby Jonathan
Also Present:
Todd Hileman, City Manager/Executive Director
Robert W. Hargreaves , City Attorney
Andrew Firestine, Assistant City Manager
Veronica Chavez, Director of Finance
Anthony J . Mejia , City Clerk
Niamh M. Ortega, Deputy City Clerk
ACTION TO ADD EMERGENCY ITEM
Main Motion: Add Closed Session Item D1 , Case No. 21-10036 , finding that the
matter came to the attention of the City after the posting of the agenda
and there is a need to take immediate action.
Moved by: Kelly/Quintanilla
Vote and Action: 4 Yes/0 No . Motion Carried
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
None .
MINUTES APRIL 14, 2022
City Council , Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
ADJOURN TO CLOSED SESSION
The meeting was adjourned to closed session at 3:02 p .m .
A Closed Session Meeting Minutes : March 24 , 2022
B. Conference with Real Property Negotiator pursuant to Government Code Section
54956 .8 :
1)
2)
(City)
Property :
City Negotiator:
Other Party Negotiator:
Property Owner:
(City)
Property:
City Negotiator:
Other Party Negotiator:
Property Owner:
Consideration of Lease Amendment No. 1 between the State 1
Todd Hileman/Stephen Aryan
State of California -Coachella Valley Mountains
Conservancy
City of Palm Desert
72-880 Highway 111 , Palm Desert
(APN 640-120-020)
Todd Hileman/Eric Ceja
Seritage SRC Finance
Seritage SRC Finance
C . Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956 .9(d)(2):
1) Potential cases: Two (2)
D . Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956 .9(d)(1 ):
1) In re EHT US1 , Inc ., et al
Lead Case No . 21-10036 , U .S . Bankruptcy Court , District of Delaware
RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY
MEETING
Mayor Harnik reconvened the regular meeting at 4 :00 p.m .
a) Roll Call
b) Pledge of Allegiance to the Flag -Councilmember Gina Nestande
c) Inspiration/Invocation -Mayor Pro Tern Sabby Jonathan
REPORT ON ACTION FROM CLOSED SESSION
Minutes Page 2
MINUTES
City Council , Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
APRIL 14, 2022
City Attorney Hargreaves reported that, relative to Item B1, the City Council authorized by
unanimous vote an Exclusive Negotiating Agreement with Palm Communities, LLC, for an
initial term of 90 days . The Agreement will be available for public viewing once it has been
finalized.
No other reportable action was taken during Closed Session .
AWARDS, PRESENTATIONS, AND APPOINTMENTS
1. ORAL PRESENTATION by Ms. Tammy Martin relative to the 2022 Wildflower Festival
(CC)
Ms. Martin presented a summary on the 2022 Wildflower Festival which occurred in
early March 2022 , and thanked the City of Palm Desert for continued support for
Friends of the Desert Mountains and the Wildflower Festival.
CITY MANAGER COMMENTS
Mr. Thomas Soule, Public Affairs Manager, shared information on various events taking place
in Palm Desert.
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
Councilmember Quintanilla reported she attended the Salton Sea symposium at the UCR
Palm Desert campus , and noted the video of the session would be available for public
viewing .
Councilmember Kelly shared that at the last meeting of the Southern California Association
of Governments (SCAG), Mayor Harnik was elected to serve as President of the Regional
Council for the coming year. She noted what an accomplishment this was , and noted she is
the second Councilmember to serve in this position representing Palm Desert .
Councilmember Kelly also shared a resident contacted her regarding a number of properties
adjacent to his home being purchased by investors for long-term rentals, and he expressed
concern regarding how to contact the owner for emergency issues . Councilmember Kelly
requested staff to research any patterns that would address this situation by requiring
absentee property owners to provide contact information to their immediate neighbors .
Councilmember Quintanilla supported the request.
Mayor Harnik attended the awards ceremony for young artists through the Artists Council at
the Galen, and invited the publ ic to view the art through May 15 , 2022 . She also mentioned
that the City of Palm Desert continues to work and fight for its own California State University
Palm Desert campus to serve the region .
NON-AGENDA PUBLIC COMMENTS
Minutes Page 3
MINUTES APRIL 14, 2022
City Council , Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Mr. Alex de la Cruz spoke in favor of allowing electric scooter companies such as Bird to
operate in Palm Desert .
CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and may be approved
by one (1) Minute Motion .
2 . MINUTES of the regular City Council , Successor Agency , and Housing Authority
Meeting of March 10 , 2022 (CC) (SA) (HA)
Rec .: Approve as presented .
3. REQUEST TO AUTHORIZE findings that the State of California continues in a
Governor-declared state of emergency (AB361) 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).
4 . APPROVE CLAIMS AND DEMANDS WARRANTS : City : 3/18/2022 (CC); Successor
Agency: 3/18/2022 (SA)
Rec .: Receive and file .
5. ORDINANCE NO . 1381 amending Chapter 3.30 to include the Recovered Organic Waste
Product Procurement Policy (2 nd reading) (CC)
Rec .: Waive further reading and adopt Ordinance No. 1381.
6. RESOLUTION NO . 2022-25 adopting a policy for ceremonial proclamations and
recognitions (CC)
Rec .: Waive further reading and adopt Resolution No . 2022-25 .
Minutes Page 4
MINUTES APRIL 14, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency , and Housing Authority Meeting
7 . AWARD Contract No . C42940 to HR Green of Palm Desert, California, for Traffic
Engineering and Design Services of Traffic Signal Modifications and Hardware
Upgrades in an amount not to exceed $300 ,000 (Project No . 596-22) (CC)
Rec .: By Minute Motion :
1. Award Contract No . C42940 to HR Green of Palm Desert , California for
Traffic Engineering and Design Services for Traffic Signal Modifications and
Hardware Upgrades in an amount not to exceed $300 ,000 ;
2 . Authorize the City Manager or designee to review and approve written
contract amendment requests for unanticipated conditions per Section
3.30 .170 of the Palm Desert Municipal Code; and
3. Authorize the City Manager to execute said agreement.
8. AWARD Contract No . C42950 in the amount of $280 ,565 to T JKM Transportation
Consultants of Pleasanton , California , for Professional Engineering and Design
Services for the Highway Safety Improvement Program , Cycle 10 , Traffic Signal
Improvements (Project No . 600-21) (CC)
Rec .: By Minute Motion :
1. Award Contract No . C42950 in the amount of $280 ,565 to T JKM
Transportation Consultants of Pleasanton , California , for professional
engineering and design services for the Highway Safety Improvement
Program (HSIP) Cycle 10 , Traffic Signal Improvements ;
2 . Authorize the City Manager or designee to review and approve written
contract amendment requests for unanticipated conditions per Section
3.30 .170 of the Palm Desert Municipal Code ; and
3. Authorize the City Manager to execute the contract.
9 . AWARD Contract No . C42960 to Knorr Systems International for Palm Desert Aquatic
Center (PDAC) maintenance and repair (CC)
Rec .: By Minute Motion :
1. Award Contract No . C42960 to Knorr Systems International of Santa Ana ,
California for the PDAC Maintenance and Repair Services in the amount of
$178 ,200 for a 5-year term ($35 ,640 annually) (Project No . 882-23);
2. Authorize the City Manager to approve extra work and services in an annual
amount not to exceed $25 ,000 ; and
3. Authorize the City Manager to execute the subject agreement , up to three
(3) contract extensions in the amount of $35 ,640 annually , and any change
orders or extra work associated with this contract based on staff's
recommendations .
Minutes Page 5
MINUTES APRIL 14, 2022
City Council , Successor Agency to the Palm Desert
Redevelopment Agency , and Housing Authority Meeting
10 . APPROVE eighteen (18) sculptures and six (6) alternate sculptures for the 2023/2024
El Paseo Sculpture Exhibition (Contract Nos . C42970A -C42970R) (CC)
11 .
Rec .: By Minute Motion :
1. Approve eighteen (18) sculptures and six (6) alternate sculptures for the
2023/2024 El Paseo Sculpture Exhibition (Contract Nos . C42970A-R);
2 . Approve honorarium of $5 ,000 for each of the participating artists ;
3. Authorize staff to finalize negotiations of the subject contracts with the
eighteen (18) artists and authorize Mayor to execute same , subject to the
satisfaction of the City Attorney ; and
4 . Authorize City Manager to make changes to sculpture selection based on
staff recommendation .
APPROVE amendment to Contract Number C41660 with Same Day Express for
maintenance of the City of Palm Desert 's permanent public art collection and the El
Paseo Sculpture Exhibition (CC)
Rec.: By Minute Motion :
1. Approve amendment to Contract Number C41660 wit h Same Day Express
in the amount of $55 ,200 from the term of July 1, 2022 to June 30 , 2023 ,
for maintenance of the City of Palm Desert 's permanent public art collection
and the El Paseo Sculpture Exhibition ;
2 . Authorize Mayor to execute the amendment; and
3 . Approve payment up to $5 ,000 on an as needed basis for additional public
art maintenance and repair services from Same Day Express .
12 . AUTHORIZE the purchase of fourteen (14) traffic signal cabinets and related equipment
from Econolite Control Products , Inc ., in the amount of $238 ,283.16 (CC)
13.
Rec .: By Minute Motion , authorize the purchase of fourteen (14) traffic signal cabinets
and related equipment from Econolite Control Products , Inc., in the amount of
$238 ,283.16 .
AUTHORIZE an increase to Contract with Curtis Allan Floorcovering , Inc ., for procuring
floor coverings and related supplies and services under Engineered Floors , LLC , at
the Palm Desert Housing Authority properties for FY 2021-2022 (Contract No . HA38930)
(HA)
By Minute Motion , that the Authority Board :
1. Authorize an increase of $60 ,000 for Curtis Allan Floorcovering , Inc . (Contract No .
HA38930) for the purpose of procuring floor coverings and related supplies and
services under National Joint Powers Alliance Agreement Contract No . 02-60 with
Engineered Floors , LLC (dba J+J Flooring Group and dba EF Contract), at the
Palm Desert Housing Authority ("Authority ") properties pursuant to Section 3.30 .260
of the Palm Desert Municipal Code , for FY 2021/2022 , making the annual total
amount for the year not to exceed $185 ,000 ;
2. Authorize Staff and RPM Company ("RPM "), the Au t hority 's contracted
management company , to assign additional services as determined to be
necessary due to emergency actions and/or proactively responding to issues at
Minutes Page 6
MINUTES APRIL 14, 2022
City Council , Successor Agency to the Palm Desert
Redevelopment Agency , and Housing Authority Meeting
the Authority properties , including expenditures ; and
3. Authorize the Chairman and/or the Executive Director to execute the Amendment
and any documents necessary to effectuate and implement the actions taken
herewith .
14 . ACCEPT Contract No . C36570B with PCI of Azusa , California for the Citywide Bike-Golf
Cart Lane Improvements as complete and authorize the City Clerk to file the Notice of
Completion (Project No . 565 -18) (CC)
Rec .: By Minute Mot ion :
1. Accept Contract No . C36570B with PCI of Azusa , California for the Citywide
Bike-Golf Cart Lane Improvements as complete ; and
2 . Authorize the City Clerk to file the Notice of Completion .
15 . ACCEPT Contract No . C40670A with LC Paving , Inc . of Escondido , California for the
Alessandro West Improvements -Phase II as complete and authorize the City Clerk to
file the Notice of Completion (Project No . 817-21) (CC)
Rec .: By Minute Motion :
1. Accept the Alessandro West Improvements -Phase II Project as complete ;
and
2 . Authorize the City Clerk to file the Notice of Completion .
16 . RECEIVE AND FILE the Cancellation of Lease and Sublease Agreement and Return
of undisbursed prepa id rent from the McCallum Theatre (CC)
17 .
Rec .: Receive and file the Cancellation of Lease and Sublease Agreement and
Return of undisbursed prepaid rent from the McCallum Theatre .
RECEIVE AND FILE the General Fund Financial Report for February 2022 (CC)
Rec .: Receive and file the General Fund Financial Report for February 2022 .
18 . RECEIVE AND FILE the Investment Report for February 2022 (CC)
Rec .: Receive and file the Investment Report for February 2022 .
Main Motion: Approve all items on Consent Calendar with the inclusion of a
modification to Item 6 , outlined in the provided staff memorandum .
Moved by: Kelly/Quintanilla
Vote and Action: Ties/0 N-o-. ~M-o-ti_o_n_C_a_r-ri-ed
CONSENT ITEMS HELD OVER
None .
Minutes Page 7
MINUTES APRIL 14, 2022
City Council , Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
ACTION CALENDAR
19 . RESOLUTION NO . 2022-26 authorizing the submittal of an application to the
California Natural Resources Agency Department of Parks and Recreation for the
Palma Village Park Improvements Project (CC)
Main Motion: 1. Waive further reading and adopt Resolution No. 2022-26 authorizing
the submittal of an application to the California Natural Resources
Agency Department of Parks and Recreation for the Palma Village
Park Improvements project; and
2. Authorize the City Manager or his Designee to execute all documents
that may be necessary to facilitate the application or award .
Moved by: Kelly/Nestande
Vote and Action: 4 Yes/0 No. Motion Carried
20 . RESOLUTION NO . 2022-27 and request to sign the National Wildlife Federation 's
Mayors ' Monarch Pledge to renew the City 's efforts to protect and enhance the
pollinator population (CC)
Main Motion: 1. Waive further reading and adopt Resolution No . 2022-27 authorizing
the City of Palm Desert to enter into the National Wildlife Federation 's
Mayors ' Monarch Pledge and issue a proclamation on the City 's
Monarch Day Pledge on or before April 30 , 2022 ; and
2. By Minute Motion , authorize staff to work in collaboration with the
Living Desert Zoo and Gardens and University of California, Riverside
(UCR) Palm Desert Center to carry out the three specific actions listed
below within the next year:
a . Install a monarch butterfly mural within the City ;
b . Install educational signs within Civic Center Park regarding the
demonstration garden completed in 2021 as part of the Mayors'
Monarch Pledge ; and
c . Plant milkweed at various City parks and medians , where
advisable .
Moved by: Quintanilla/Nestande
Vote and Action: 4 Yes/0 No. Motion Carried
21 . APPROVE Amendment No . 4 to Contract No . C36620 with Family YMCA of the Desert
for management and staffing at the Palm Desert Aquatic Center (CC)
Main Motion: 1. Approve Amendment No . 4 to Contract No . C36620 with the Family
YMCA of the Desert ("YMCA") of Palm Desert , California , for
management and staffing of the Palm Desert Aquatic Center in the
annual amount of $165 ,000 plus reimbursement of additional costs
included in the agreement for an amount not to exceed $1,444 ,400 ;
and
2. Authorize the Mayor to execute said amendment.
Moved by: Kelly/Nestande
Vote and Action : 4 Yes/O No. Motion Carried
Minutes Page 8
MINUTES APRIL 14, 2022
City Council , Successor Agency to the Palm Desert
Redevelopment Agency , and Housing Authority Meeting
22 . APPROVE design for a permanent Lupine Plaza (CC)
Mr. Paul Goodman , CODA Gallery , spoke in opposition to the project.
Mr. Paul Goodman (2) spoke in opposition to the project.
Mr. Bruce Bauer, SBEMP LLP , spoke on behalf of his client and in opposition to the
project.
Ms . Gayle Moore , Palm Desert resident , spoke in support of the project.
Ms . Ruth Ann Moore , Palm Desert resident , spoke in support of the project.
Mr. Samuel Heaton , CODA Gallery , spoke in opposition to the project.
Main Motion: Approve the preliminary design of the pedestrian plaza excluding the El
Paseo intersection with instruction to refine the solutions for delivery
access .
Moved by : Kelly/Nestande
Vote and Action: 4 Yes/O No. Motion Carried
23. REQUEST for feedback and direction regarding proposed activities to celebrate the
City 's 50 th anniversary in 2023 (CC)
In addition to the action taken , direction was given to explore the design of a new City
seal.
Main Motion: Approve plan as presented with the addition of providing organizations
such as the Historical Society the option to provide displays at various
events , and explore the desiqn of a new City seal.
Moved by: Quintanilla/Nestande
Vote and Action : 4 Yes/0 No . Motion Carried
24 . AUTHORIZE the use of Rule 20A Credits for the Ironwood Park Utility Undergrounding
Project (CC)
Main Motion: Authorize the use of Rule 20A Credits for the Ironwood Park Utility
Undergrounding Project.
Moved by: Nestande/Kelly
Vote and Action : 4 Yes/0 No . Motion Carried
Minutes Page 9
MINUTES APRIL 14, 2022
City Council , Successor Agency to the Palm Desert
Redevelopment Agency , and Housing Authority Meeting
25 . APPROVE the Unite Palm Desert Bicycle Incentive Program (CC)
Main Motion: 1. Approve the proposed Unite Palm Desert Bicycle Incentive Program
for private commercial properties to receive a bicycle rack valued at
up to $1,000 each from the City of Palm Desert ;
2. Authorize the City Manager to implement the Unite Palm Desert
Bicycle Incentive Program including the execution of all agreements
requ i red to meet the program requirements ;
3. Authorize the City Attorney to make non -substantive changes to the
Unite Palm Desert Bicycle Incentive Program agreement ; and
4. Appropriate and approve the expenditure of $20 ,000 from AQMD
ex ense account Account No . 2384515-4400100 .
Moved by: Quintanilla/Kelly
Vote and Action: 4 Yes/0 No. Motion Carried
PUBLIC HEARING
26. RESOLUTION NO. 2022-28 adopting a Notice of Exemption in accordance with the
California Environmental Quality Act (CEQA), and approval of a Hillside Development
Plan (HOP) to construct a 1, 103-square-foot casita on a property located at 72240
West Upper Way (CC)
The City Council received a report from staff.
Mayor Harnik opened the public hearing , and with no public comment rece ived , closed
the public hearing.
Main Motion: Waive further reading and adopt Resolution No. 2022-28 .
Moved by : Nestande/Kelly ,
Vote and Action : 4 Yes/0 No. Motion Carried
27 . RESOLUTION NO. 2022-29 approving an Historic District Desig nati on for Sandpiper
Codominiums Circle #1 located on El Paseo (CC)
The City Council received a report from staff.
Mayor Harnik opened the public hearing .
Ms . Ginnie Cronk , President of Sandpiper HOA , spoke in favor of the project.
Ms . Diana Lamar, Sandpiper resident , spoke in favor of the project.
Minutes Page 10
MINUTES
City Council , Successor Agency to the Palm Desert
Redevelopment Agency , and Housing Authority Meeting
APRIL 14, 2022
Hearing no additional public comment , Mayor Harnik closed the public hearing.
Main Motion: Waive further reading and adopt Resolution No . 2022-29 reaffirming the
actions of the Cultural Resources Preservation Committee , designating
the Sandpiper Condominiums Circle #1 , located on El Paseo , with a
Historic District designation in accordance with Section 29.50 .010 of the
Palm Desert Munici al Code PDMC .
Moved by: Quintanilla/Kelly
Vote and Action : 4 Yes/0 No. Motion Carried
ADJOURNMENT
With City Council , Successor Agency , and Housing Authority concurrence , Mayor Harnik
adjourned the meeting at 5 :47 p.m.
ATTEST:
NQS&~~CITY CLERK
AND SECRETARY
Palm Desert City Council
Successor Agency to the Palm Desert Redevelopment Agency
Housing Authority
Minutes Page 11