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HomeMy WebLinkAbout2022-05-26CITY 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, May 26, 2022 CALL TO ORDER -3:00 P.M. The meeting was called to order at 3:00 p.m. and the City Council stood in recess until 3 :30 p.m . Present: Councilmember/Director/Member Kathleen Kelly Mayor Pro TemNice ChairNice Chairman -Sabby Jonathan Councilmember/Director/Member Gina Nestande Councilmember/Director/Member Karina Quintanilla Mayor/Chair/Chairman Jan C . Harnik Also Present: Todd Hileman , City Manager/Executive Director Robert W . Hargreaves , City Attorney Andrew F irestine , Assistant City Manager Veron ica Chavez , Director of Finance Anthony J . Mej ia , City Clerk Niamh M. Ortega , Deputy C ity Clerk PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None . ADJOURN TO CLOSED SESSION The City Council exited recess at 3 :30 p.m., and see ing no public comment immediately adjourned to closed sess ion . CLOSED SESSION ITEMS A. Closed Session Meeting Minutes : April 28, 2022 MINUTES Thursday, May 26, 2022 City Council, Successor Agency to the Palm Desert Redevelo and Housin · · B . Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1. (City) Property : 45654 Portola Avenue (APN 627-351-010) City Negotiator: Todd Hileman/Martin Alvarez Other Party Negotiator: N/A Property Owner: City of Palm Desert C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): 1. Potential cases : Two (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-Councilmember Kathleen Kelly c . Inspiration/Invocation -Councilmember Karina Quintanilla REPORT ON ACTION FROM CLOSED SESSION City Attorney Hargreaves reported that direction was given; no action was taken . AWARDS, PRESENTATIONS, AND APPOINTMENTS a . Williams Syndrome Awareness Month b . Children 's Discovery Museum CITY MANAGER COMMENTS Management Analyst Barbara Blythe shared information on various events in and around Palm Desert during May and June 2022 . MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Mayor Pro Tern Jonathan reported he attended many meetings but had no action to report. He requested feedback from staff at a future meeting regarding the Chi ldren's Discovery Museum . Councilmember Quintanilla voiced her support of the request. Councilmember Kelly suggested that staff consider provid ing periodic updates during the presentation section to acquaint residents with various projects and ideas from around the city . Mayor Harnik reported on her attendance and work regarding funding on va rious committees . Minutes Page 2 MINUTES Thursday, May 26, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting NON-AGENDA PUBLIC COMMENTS Mr . Jerry Preese , 72790 Somera Road , spoke in opposition to Pacaso and multi-owner homes . Ms . Carol Adney spoke in opposition to Pacaso and multi-owner homes . Ms . Kim Vesley spoke in opposition to Pacaso and multi-owner homes . Ms . Marie Kaplan , 72785 Somera Road, spoke in opposition to Pacaso and multi-owner homes . CONSENT CALENDAR All matters listed on the Consent Calendar are considered routine and may be approved by one (1) motion . A1. Approve Minutes of the regular City Council , Successor Agency, and Housing Authority meeting of April 28, 2022 . Rec.: Approve Minutes of the April 28, 2022 , meeting as presented . A2 . Approve warrants issued for the period of 04/29/2022 to 05/06/2022 . Rec .: Approve the warrants issued for the period 04/29/2022 to 05/06/2022 in the total amount of $2 ,624,232 .53 . A3 . Adopt Resolution No. 2022-41 supporting the Independent Review Panel established by the Salton Sea Management Program review and consider the impacts of greenhouse gas emissions during the comprehensive analysis of water import alternatives as part of the long-term solution for the Salton Sea. Rec .: Adopt Resolution No . 2022-41 supporting the Independent Review Panel established by the Salton Sea Management Program review and consider the impacts of greenhouse gas emissions during the comprehensive analysis of water import alternatives as part of the long -term solution for the Salton Sea. M. Adopt Resolution No. 2022-42 authorizing the City of Palm Desert's Code Compliance Division to serve as the enforcement agency for AB 1276 within the City of Palm Desert, California . Rec .: Waive further reading and adopt Resolut ion No. 2022-42 authorizing the City of Palm Desert 's Code Compliance Division to serve as the enforcement agency for AB 1276 within the City of Palm Desert, California . A5 . Adopt Resolution No. 2022-43 to authorize 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 . Rec.: Waive further reading and adopt Resolution No . 2022-43 . Minutes Page 3 MINUTES Thursday, May 26, 2022 City Council , Successor Agency to the Palm Desert Redevelopment Agency , and Housing Authority Meeting A6 . Approve the purchase of gas and diesel fuel from Beck Oil , Inc., during Fiscal Year (FY) 2022/23 (Project 796-23) (Contract No . C43180). Rec.: 1. Approve the purchase of gas and diesel fuel from Bec k Oil , Inc., during Fiscal Year (FY) 2022/23 for City fleet and equipment in an amount not to exceed $120,000, and Desert Willow maintenance vehicles and equipment in an amount not to exceed $120,000 ; 2 . Authorize the City Manager or designee to review and approve written contract amendment and change order 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. Funds are available in Account No . 1104331-4217000, Auto Fleet-Supply Automotive Gas , and Account No . 5204195-4803100 , Desert Willow Maintenance Facility . A7. Approve Change Order No . 1 to Contract No. C39820 for Landscape Maintenance Area No . 16 with Vintage Landscape, Inc ., of Bermuda Dunes , California, in the annual amount of $27 ,564 (Project No . 916-21 ). Rec.: 1. Approve Change Order No. 1 to Contract No . C39820 for Landscape Maintenance Area No. 16 (LMA 16) with Vintage Landscape , Inc., of Bermuda Dunes, California, in the annual amount of $27 ,564 ; 2. Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipa ted conditions per Section 3.30 .170 of the Palm Desert Municipal Code ; and 3. Authorize the City Manager to execute said change order. AS . Authorize Amendment No. 3 to the Reimbursement Agreement between CVAG, the City of Palm Desert , and the County of Riverside; and a Memorandum of Understanding between CVAG and the City of Palm Desert for the Portola Avenue Interchange at 1-10 Project. This item was removed for separate consideration under "Consent Items Held Over". A9 . Accept Contract No . C40210 with Shade Structures , Inc . dba USA Shade & Fabric Structures for the Palm Desert Aquatic Center Shade Structure Installation Project as complete and authorize the City Clerk to file the Notice of Completion . Rec .: 1. Accept the Palm Desert Aquatic Center Shade Structure Installation Project as complete ; and 2. Authorize the City Clerk to file the Notice of Completion . A10 . Approval of a fee waiver of facility use fees for the use of Civic Center Park for the 2022 Lincoln Elementary School 5th Grade Year End Picnic. This item was removed for separate consideration under "Consent Items Held Over". Minutes Page 4 MINUTES City Counc il, Successor Agency to the Palm Desert Redevelopment Agency , and Housing Authority Meeting Thursday, May 26, 2022 A11 . Ordinance No . 1383 of the City Council of the City of Palm Desert , Cal ifornia , amending Palm Desert Municipal Code , Chapter 25 , modifying Chapter 25 .10 R-2 Zoning (Mixed Residential District) and Chapter 25.68 (Decisions by the Architectural Review Commission) regarding second story projects (Case No. ZOA22-0003) (2 nd reading). Rec.: Waive further reading and adopt. A12 . Ordinance No . 1384 , adopting a resolution of the Planning Commission of the City of Palm Desert , California , recommending approval of a Zoning Ordinance Amendment to modify Palm Desert Municipal Code Chapter 25 (Zoning) relating to land uses (Case No . ZOA22-0004) (2 nd reading). Rec .: Waive further read ing and adopt. A13 . Submission of a letter of opposition for Assembly Bill 2237 regarding Transportation planning : regional transportation improvement plan : sustainable communities strategies : climate goals. Rec.: Approve the submission of a letter of opposition for Assembly Bill 2237 regarding Transportation planning : regional transportation improvement plan : sustainable communities strategies : climate goals . A14 . Submission of a letter of opposition for Assembly Bill 2438 regarding local transportation funding : alignment with State plans . Rec .: Approve the submission of a letter of opposition for Assembly Bill 2438 regarding local transportation funding : alignment with State plans . Main Motion: Approve the consent calendar , excluding Items AS and A10 , which were removed for separate consideration . Moved by : Kelly/Nestande Vote and Action : 5 Yes/0 No. Motion Carried Minutes Page 5 MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting CONSENT ITEMS HELD OVER Thursday, May 26, 2022 AB . Authorize Amendment No. 3 to the Reimbursement Agreement between CVAG , the City of Palm Desert, and the County of Riverside; and a Memorandum of Understanding between CVAG and the City of Palm Desert for the Portola Avenue Interchange at 1-10 Project. Main Motion: 1. Authorize Amendment No . 3 to Contract No. C27330B , Reimbursement Agreement between CVAG , the City of Palm Desert , and the County of Riverside for the Portola Avenue Interchange at 1-10 Project ; 2. Authorize a Memorandum of Understanding between CVAG and the City of Palm Desert Regarding Reimbursement Agreement for the Portola Avenue Interchange at 1-10 Project; and 3. Authorize the Mayor to execute the Agreements . Moved by : Kelly/Nestande Vote and Action: 5 Yes/0 No . Motion Carried A 10 . Approval of a fee waiver of facility use fees for the use of Civic Center Park for the 2022 Lincoln Elementary School 5th Grade Year End Picnic . Staff reported the organizer has pulled their application and the item no longer under consideration . ACTION CALENDAR 81 . Adopt Resolution No . 2022-44 approving the Fiscal Year 2022/23 SB1 Project List to be funded by Senate Bill 1: The Road Repair Accountability Act. Main Motion: Waive further reading and adopt and adopt Resolution No . 2022-44 approving the Fiscal Year (FY) 2022/23 Project List to be funded by Senate Bill 1 (SB1): The Road Repair and Accountability Act. Moved by : Nestande/Kelly Vote and Action : 5 Yes/0 No. Motion Carried 82 . Adopt Resolution No . 2022-45 amending the Video Surveillance on City Property Policy and Procedure . Main Motion: Waive further reading and adopt Resolution No. 2022-45 amending the Video Surveillance on Cit Pro ert Polic and Procedure. Moved by : Kelly/Jonathan Vote and Action: 5 Yes/0 No. Motion Carried Minutes Page 6 MINUTES Thursday, May 26, 2022 City Council , Successor Agency to the Palm Desert Redevelopment Agency , and Housing Authority Meeting B3 . Award Contract No . C43140 for Landscape Maintenance Area No. 17 to Vintage Landscape, Inc ., of Bermuda Dunes , Californ ia (Project No . 917-22). Main Motion: 1. Award Contract No . C43140 for Landscape Maintenance Area No. 17 to Vintage Landscape , Inc ., of Bermuda Dunes , California , in the annual amount of $340 ,800 ; 2. Authorize extra repair work and services in an annual amount not to exceed $70 ,000; 3 . Authorize the City Manager or designee to review and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30 .170 of the Palm Desert Municipal Code ; and 4. Authorize the Mayor to execute sa id agreement. Moved by : Nestande/Quintanilla Vote and Action : 5 Yes/0 No. Mot-io_n_C_a_r-rie_d_ B4 . Approve a two-year agreement, Contract No. C43150 , for an Emergency Services Coordinator with the County of Riverside Emergency Management Department , in an amount not to exceed $160 ,000 . Main Motion: 1. Approve a two-year agreement , Contract No. C43150 , for an Emergency Services Coordinator with the County of Riverside Emergency Management Department, in an amount not to exceed $160 ,000 ; and 2 . Authorize the City Manager to execute the agreement , as approved to form b the Cit Attorne . Moved by : Nestande/Jonathan Vote and Action : 5 Yes/0 No . Motion Carried BS . Request for approval of addendum to Easement Agreement between the City of Palm Desert and The Gardens on El Paseo , LLC. Main Motion: 1 . Extend the approval of six (6) Tesla electric car charg ing stations located on the ground floor of The Gardens on El Paseo (The Gardens) parking garage ; 2. Authorize the installation of six (6) new electric car charging stations in the parking garage ; 3. Authorize the addition of advertising and promot ional panels on the parking garage; 4 . Authorize the City Attorney to draft a Fourth Addendum to the Easement Agreement between the City of Palm Desert and The Gardens on El Paseo , LLC .; and 5 . Authorize the Cit Mana er to execute all related documents . Moved by: Jonathan/Nestande Vote and Action : 5 Yes/0 No . Motion Carried Minutes Page 7 MINUTES Thursday, May 26, 2022 City Council , Successor Agency to the Palm Desert Redevelo and Housin · · 86 . Authorizat ion to release a Request for Proposal (RFP) for operations of the 2022/2023 El Paseo Courtesy Cart Program and consideration of future programs and direction on exploring options for additional transportation routes throughout t he City. Main Motion: 1. Authorize staff to advertise an RFP inviting bids fo r the operation of the El Paseo Courtesy Carts in FY 2022/2023 ; and 2 . Direct staff to explore options for additional transpo rt ation routes throughout the Cit of Palm Desert . Moved by : Nestande/Kelly Vote and Action : 5 Yes/0 No . Motion Carried 87 . Request for feedback and direction regarding a potential ballot measure related to City Council districts. Councilmember Quintanilla requested to author the argument in favor of the proposed language of the ballot measure . Mayor Harnik , Mayor Pro Tern Jonathan and Councilmembers Kelly and Nestande requested to co-author the argument against the ballot measure. Main Motion: Moved by : Kelly/Nestande Vote and Action : 5 Yes/0 No . Motion Carried ' PUBLIC HEARINGS C 1. Adopt Resolution No . 2022-46 establishing Ironwood Park Utility Undergrounding District. Mayor Pro Tem Jonathan recused himself from this item due to a proximity conflict. Main Motion: 1. Conduct a Public Hearing and adopt Resolution No . 2022 -46 establishing the Ironwood Park Utility Underground District; and 2 . Authorize the City Manager to execute all documents necessary to effectuate the establishment of the sub ·ect district. Moved by: Kelly/Nestande Vote and Action : 4 Yes/0 No/1 Recuse (Jonathan). Motion Carried INFORMATION ITEMS None . Minutes Page 8 MINUTES Thursday, May 26, 2022 City Council, Successor Agency to the Palm Desert Redevelo and Housin · · ADJOURNMENT With City Council, Successor Agency, and Housing Authority concurrence , Mayor Harnik adjourned the meeting at 5 :55 p .m . a!Mz,~f?d /h(N C. HARNIK fM AYOR/CHAIR/CHAIRMAN ATTEST: NiAMH M. ORTEG , UTY CITY CLERK AND ASSISTANT SECRETARY Palm Desert City Council Successor Agency to the Palm Desert Redevelopment Agency Housing Authority Minutes Page 9