HomeMy WebLinkAbout2022-04-28CITY 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 28, 2022
CALL TO ORDER-3 :00 P.M.
The meeting was called to order at 3 :00 p.m.
Deputy City Clerk Ortega announced a typographical correction to the Assessor's Parcel
Number (APN) listed for Closed Sess ion Item B 1. The corrected APN was 694 -120-025.
ROLL CALL
Present:
Councilmember/Director/Member Kath leen Kelly
Mayor Pro TemNice ChairNice Chairman Sabby Jonathan
Councilmember/Director/Member Gina Nestande
Councilmember/Director/Member Karina Quintan i lla
Mayor/Chair/Chairman Jan C . Harnik
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
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
None .
ADJOURN TO CLOSED SESSION
The meeting was adjourned to closed session at 3 :02 p .m .
A. Closed Session Meeting Minutes : April 14 , 2022
MINUTES APRIL 28, 2022
City Council, Successor Agency to the Palm Desert
Redevelopment Agency , and Housing Authority Meeting
B . Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8 :
1) (City)
Property : North Sphere Land Acquisition (Northeast
corner of Portola Avenue/Dinah Shore)
City Negotiator:
Other Party Negotiator:
Property Owner:
2) (City)
Property :
City Negotiator:
Other Party Negotiator:
Property Owner:
3) (City)
(APN 694-120-025)
Todd Hileman/Eric Ceja
N/A
Palm Desert University Gateway
City of Palm Desert 10-acres
Communities ENA/Gerald Ford)
(APN 694-120-028)
Todd Hileman/Martin Alvarez
N/A
City of Palm Desert
(Palm
Property : Northwest corner of Portola Avenue/Dinah
Shore Drive (32 acres)
City Negotiator:
(APNs 694-510-013 and 694-130-0207)
Todd Hileman/Eric Ceja
Other Party Negotiator: N/A
Property Owner: Freeway Lanes
C . Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(d)(2):
1) Potential cases : Two (2)
Mayor Harnik adjourned the closed session at 4:40 p.m.
RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MEETING
Mayor Harnik reconvened the regular meeting at 4 :50 p .m.
a) Roll Call
b) Pledge of Allegiance to the Flag -Mayor Jan C . Harnik
c) Inspiration/Invocation -Councilmember Kathleen Kelly
REPORT ON ACTION FROM CLOSED SESSION
No reportable action was taken during Closed Session.
Minutes Page 2
MINUTES
City Council , Successor Agency to the Palm Desert
Redevelopment Agency , and Housing Authority Meeting
AWARDS, PRESENTATIONS, AND APPOINTMENTS
None.
CITY MANAGER COMMENTS
APRIL 28, 2022
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 provided an update of the Cultural Resources/Cultural Arts .
Councilmember Jonathan shared that it is Palm Desert Residents ' Day at Palm Springs
Air Museum this weekend .
Mayor Harnik reported on a recent press conference relative to the establishing a Cal
State University Palm Desert, and also SCAG annual conference .
NON-AGENDA PUBLIC COMMENTS
A caller from (949) 300-1888 spoke in objection to Pacaso and fractional homeownership .
Ms . Shannon Shea , Elderlove Executive Director , said her organization would submit a
Community Development Block Grant (CDBG) application and shared their mission .
Mr. Al Ortega spoke in favor of Pacaso and fractional homeownership .
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 March 24 , 2022 (CC) (SA) (HA)
Rec.: Approve as presented .
2 . APPROVE CLAIMS AND DEMANDS WARRANTS : City: 3/11/2022, 3/16/2022 ,
3/25/2022, 3/30/2022, 4/1/2022 , 4/7/2022 , 4/8/2022 , 4/14/2022 (CC); City and
Housing: 4/7/2022 , 4/14/2022 (CC) (HA); Successor Agency : 4/1/2022 , 4/15/2022
(SA)
Rec .: Receive and file.
Minutes Page 3
MINUTES APRIL 28, 2022
City Council , Successor Agency to the Palm Desert
Redevelopment Agency , and Housing Authority Meeting
3. RESOLUTION NO . 2022-30 adopting Action Minutes as the official format of the
City of Palm Desert (CC)
Rec.: Waive further reading and adopt Resolution No . 2022-30 .
4 . AWARD Contract No . C42950A in the amount of $29 ,745.69 to Kimley-Horn and
Associates, Inc. of Indian Wells, California , for Professional Engineering and
Design Services for the Highway Safety Improvement Program , Cycle 10 , High
Visibility Crosswalk Improvements (Project No. 600-21) (CC)
Rec .: By Minute Motion :
1. Award Contract No . C42950A in the amount of $29 ,745 .69 to Kimley-
Horn and Associates , Inc. of Indian Wells , California , for professional
engineering and design services for the Highway Safety Improvement
Program (HSIP) Cycle 10, High Visibility Crosswalk Improvements ; and
2 . Authorize the City Manager to execute the contract.
5. APPROVE an amendment to Contract No. HA38930 with Curtis Allan
Floorcovering, Inc ., for purposes of procuring floor coverings and related supplies
and services with Engineered Floors, LLC (dba J+J Flooring Group and dba EF
Contract), at the Palm Desert Housing Authority properties in an annual amount not
to exceed $250 ,000 . (HA)
Rec.: By Minute Motion , that the Authority Board :
1. Approve Amendment No. 1 ("Amendment") to Contract No . HA38930
with Curtis Allan Floorcovering , Inc., ("Curtis Allan") for purposes of
procuring floor coverings and related supplies and services (includes
costs for non-warrantee partial replacements and repairs) ("Contract " or
"Agreement", interchangeable), effective July 1, 2022 , at the Palm
Desert Housing Authority ("Authority") properties for a two-year term
under the National Cooperative Purchasing Alliance Agreement ,
Flooring & Outdoor Surfaces Solutions Contract No . 02-60, with
Engineered Floors, LLC (dba J+J Flooring Group and dba EF Contract)
pursuant to Section 3 .30 .160 (L) and 3 .30 .160 (E ) of the City of Palm
Desert Municipal Code in a total amount not to exceed $250,000 each
year;
2. Authorize Staff and RPM Company ("RPM "), the Authority 's contracted
management company , to procure the services as determined to be
necessary and assign any additional non-warrantee partial
replacements and repairs due to emergency actions and/or proactively
responding to issues at the Authority properties ("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 .
Minutes Page 4
MINUTES APRIL 28, 2022
City Council , Successor Agency to the Palm Desert
Redevelopment Agency , and Housing Authority Meeting
6 . APPROVE San Pablo Public Art Development Plan (CC)
Rec .: By Minute motion, approve the San Pablo Public Art Development Plan .
7 . DEACCESSION Desert Flower and Desert Star sculptures (CC)
Rec .: By Minute Motion , deaccession Desert Flower and Desert Star sculptures .
8 . APPROVE out-of-state travel for the City Manager, Finance D irector , and Director
of Economic Development , to visit w ith staff from the City of Westminster,
Colorado on May 17 , 2022 (CC)
Rec.: By Minute Motion , approve out-of-state travel to Westminster, Colorado , for
the C ity Manager, Finance Director , and Director of Econom ic Development.
Main Motion: Approve all items on Consent Calendar, noting Mayor Harnik 's recusal
on Item 4.
Moved by : Kelly/Nestande
Vote and Action : 5 Yes/0 No . Motion Carried
CONSENT ITEMS HELD OVER
None .
ACTION CALENDAR
9 . ORDINANCE NO . 1382 amending and updating various sections of the Palm
Desert Municipal Code (CC)
Main Motion: Introduce , by title only , Ordinance No . 1382 entitled : An Ordinance of
the City Council of the City of Palm Desert , California , Amending and
Updating Various Sections of the Palm Desert Municipal Code , and
pass to second reading .
Moved by: Kelly/Jonathan
Vote and Action : 5 Yes/0 No. Motion Carried
10 . RESOLUTION NO . 2022-31 rescinding Resolution No . 2019-77 , and adopting a
revised Community Event Sponsorship Policy (CC)
Main Motion: Waive further readinq and adopt Resolution No . 2022-31 .
Moved by : Kelly/Jonathan
Vote and Action : 4 Yes/0 No/1 Abstain (Quintanilla). Motion Carried
Minutes Page 5
MINUTES APRIL 28, 2022
City Council , Successor Agency to the Palm Desert
Redevelopment Agency , and Housing Authority Meeting
11 . AWARD Contract No . C43020 in the amount of $433,132.50 to Engineering
Resources of Southern California , Inc . of Redlands , California , for Professional
Engineering and Design Services for the Haystack Channel Improvements
(Project No. 509-22) (CC)
Main Motion: 1. Awa rd Contract No . C43020 in the amount of $433,132 .50 to
Engineering Resources of Southern California , Inc . of Redlands ,
California , for professional engineeri ng and design services for the
Haystack Channel Improvements;
2. Appropriate $500 ,000 from unobligated Fund 420 to the project
account ;
3. 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
4 . Authorize the Cit Mana er to execute the contract.
Moved by : Kelly/Nestande
Vote and Action : 5 Yes/0 No . Motion Carried
12 . APPROVE Amendment No. 1 (Contract No . C38851) to Contract No. C38850 for
Arboricultural Services with West Coast Arborists, Inc . of Grand Terrace , California ,
in an annual amount not to exceed $975 ,000 (Project No . 933-23), and approval of
Change Order No . 1 to C38850 for additional services during FY21/22 in the amount
of $100 ,000 (Project No . 933-19) (CC)
Main Motion: 1. Approve the Amendment ("Amendment") to Contract No . C38850
with West Coast Arborists, Inc. of Grand Terrace , California , for
Arboricultural Services for City of Palm Desert ("City"), Desert
Willow Golf Resort ("Desert Willow") and Palm Desert Housing
Authority ("Authority "), effective July 1, 2022, for a two -year term
in an annual amount not to exceed $975,000;
2 . Approve Change Order No. 1 to Contract No . C38850 for
additional tree pruning services during FY21/22 in the amount of
$100 ,000;
3. Authorize staff to assign additional services/extra work as
determined to be necessary due to emergency work to mitigate
hazardous conditions and proactively respond to unforeseen
issues ; and
4. Authorize the Mayor and/or Executive Director to execute the
Amendment Agreement.
Moved by : Quintanilla/Nestande
Vote and Action : 5 Yes/0 No. Motion Carried
M i nutes Page 6
MINUTES APRIL 28, 2022
City Council , Successor Agency to the Palm Desert
Redevelopment Agency , and Housing Authority Meeting
13 . APPROPRIATE additional funds in the amount of $340 ,000 for construction
contingency and Approve Amendment No . 2 to Contract No. C37040B with Southstar
Engineering of Riverside, California in an amount not to exceed $300 ,000 for
additional construction management and inspection services related to Presidents'
Plaza East and West Parking Lot Improvements (Project No . 758-14) (CC)
Main Motion: 1. Approve additional contingency funds in the amount of $340,000 to
Contract No. C37040A with H&H General Contractors Inc . of
Highland , California;
2 . Approve Amendment No . 2 to Contract No . C37040B with
Southstar Engineering and Consulting of Riverside , California, for
additional construction management and inspection services in an
amount not to exceed $300 ,000 ;
3 . Appropriate $640,000 from Unobligated General Funds to Account
No.4004692-4400100; and
4 . Authorize the City Manager or designee to execute the amendment
and to review and approve written requests for the use of the
contingency for unforeseen conditions up to the contingency
amount.
Moved by: Quintanilla/Kelly
Vote and Action: 5 Yes/0 No . Motion Carried
14 . REQUEST FOR FEEDBACK AND DIRECTION on the development of a Facilities
and Park Use Policy and amendments to Title 11, Parks, of the Palm Desert
Municipal Code (CC)
Main Motion: Direct staff to initiate an amendment to Title 11 of the Palm Desert
Municipal Code and to prepare an administrative policy on the
administration of the permitting process for park use permits together
with any necessary fee resolutions with an additional disclosure on
applicat ion to state the event is not sponsored/endorsed by the City of
Palm Desert where applicable .
Moved by : Quintanilla/Nestande
Vote and Action : 5 Yes/0 No . Motion Carried
15. REQUEST FOR FEEDBACK AND DIRECTION on changes to the Local Meeting
and Local Event Reimbursement Policy (CC)
It was the consensus of the City Council to direct staff to return the item to the
Consent Calendar at the meeting of May 12 , 2022 , for Council consideration .
16 . REQUEST FOR FEEDBACK AND DIRECTION on the priorities for the disposition
of Successor Agency and City properties listed on the Central Inventory of surplus
land and land in excess of Palm Desert's foreseeable need (CC) (SA)
Minutes Page 7
MINUTES
City Council , Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
APRIL 28, 2022
Main Motion: Continue to a date uncertain , with direction for staff to provide
recommended prioritization .
Moved by: Kelly/Quintanilla
Vote and Action: 5 Yes/0 No . Motion Carried
PUBLIC HEARING
17 . ORDINANCE No . 1378 to approve Zoning Ordinance Amendment 22-0001 to modify
Palm Desert Municipal Code Section 25.34 .060 regarding Time-Share Projects.
(Continued from March 24, 2022) (1 st reading) (CC)
Council member Nestande recused herself from this item due to a conflict of
interest.
The City Council received a report from staff.
Mayor Harnik opened the public hearing .
Mr. Marcus Schwab spoke in support of the zoning ordinance amendment and in
opposition to Pacaso homeownership .
Ms . Ellen Kane spoke in support of the zoning ordinance amendment and in opposition
to timeshares in residential zones .
Mr. Mike [no last name] stated he is a Pacaso owner and spoke in opposition to the
zoning ordinance amendment.
Mr. Gabe Dima-Smith , Pacaso representative, spoke in oppos ition to the zoning
ordinance amendment and in support of multi-owner homeownership .
Ms . Pat Smidores spoke in favor of the zoning ordinance amendment and in
opposition to Pacaso .
Dr . Cyrus Tahmasebi , 72895 Bel Air Road , Palm Desert, spoke in favor of the zoning
ordinance amendment and in opposition to Pacaso .
Mr. Craig Pearson, Somera Road , Palm Desert , spoke in favor of the zoning
ordinance amendment and in opposition to Pacaso .
Mr. Brian Nestande , 22 Calle Lantana , Palm Desert, spoke in opposition to the zoning
ordinance amendment and in favor of Pacaso .
Ms . Renee Mead , 6510 Stuart Ave NE , Washington , Palm Desert address also on
Skyward way spoke in opposition to the zoning ordinance amendment and in favor of
Pacaso.
Minutes Page 8
MINUTES APRIL 28, 2022
City Council , Successor Agency to the Palm Desert
Redevelopment Agency , and Housing Authority Meeting
Mr. Cosgrove spoke in favor of the zoning ord inance amendment and in opposition to
Pacaso .
Mr . Paul Murphy spoke in favor of the zoning ordinance amendment and in opposition
to Pacaso .
Hearing no further comments , Mayor Harn ik closed the public hearing .
Main Motion: Waive further reading and pass to second reading Ord inance No . 1378
approv ing Zoning Ordinance Amendment 22-0001 to modify Palm
Desert Municipal Code Section 25 .34 .060 regard ing Time-Share
Projects.
Moved by : Kelly/Qu intanilla
~
Vote and Action : 3 Yes/1 No (Jonathan)/1 Recuse (Nestande). Motion Carried
ADJOURNMENT
With City Council , Successor Agency , and Housing Authority concurrence , Mayor Harnik
adjourned the meeting at 7 :34 p .m .
ATTEST:
NiAMH M. RTEGA , DEP CITY CLERK
AND ASSISTANT SECRETARY
Palm Desert City Council
NC . HARNIK
AYOR/CHAIR/CHAIRMAN
Successor Agency to the Palm Desert Redevelopment Agency
Housing Authority
Minutes Page 9