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Home My WebLink About2022-09-151 Thursday, September 15, 2022 Minutes of the Regular Meeting of the Palm Desert City Council (CC), Successor Agency to the Palm Desert Redevelopment Agency (SARDA), and Housing Authority (HA) Pursuant to Assembly Bill 361, this meeting was conducted by teleconference and there was no in -person public access to the meeting location. CALL TO ORDER: A Regular Meeting of the Palm Desert City Council was called to order by Mayor Harnik on Thursday, September 15, 2022, at 3:00 p.m. ROLL CALL: Present: Councilmembers Kathleen Kelly, Gina Nestande, Karina Quintanilla; Mayor Pro Tern Sabby Jonathan; and Mayor Jan Harnik Absent: None. PLEDGE OF ALLEGIANCE: Councilmember Kelly led the Pledge of Allegiance. INSPIRATION/INVOCATION: Mayor Pro Tern Jonathan offered words of inspiration. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of September 15, 2022, was called to order by Mayor Harnik at 3:01 p.m., with all members present. The meeting convened in Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda: A. CLOSED SESSION MEETING MINUTES: August 25, 2022 B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8: 1. Property Description: 1.55 acres at southeast corner of Fred Waring Drive and San Pablo Ave. (APNs 627-101-002, 627-101-017, 627-101-033, 627-101- 061, 627-101-062) Agency: City of Palm Desert City Negotiator: Todd Hileman/Eric Ceja Negotiating Parties: Chandi Enterprises, LLC Under Negotiation: Terms of Agreement and Payment CC, SARDA, & HA Meeting Minutes September 15, 2022 C. CONFERENCE WITH LEGAL COUNSEL — MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Two (2) matters that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation. City Attorney Hargreaves reported that relative to Closed Session Item B1,' the City Council unanimously approved the extension to the Disposition and Development Agreement with Chandi Enterprises, LLC, and it will be available for public review once it is finalized. PRESENTATIONS: None. CITY MANAGER'S COMMENTS: City Manager Hileman introduced Public Works Deputy Director Ramirez who provided an update on street maintenance throughout the city and responded to City Council inquiries. Public Affairs Management Analyst Blythe reported on various events taking place in Palm Desert. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: Councilmember Kelly encouraged residents to apply to serve on the City's commissions and committees, noting that she is impressed with the recently appointed members. Councilmember Quintanilla reported on her attendance at the League of California Cities Annual Conference in Long Beach and various other regional meetings and events; spoke in support of the newly established CARE Court and HOME Court programs. Mayor Pro Tern Jonathan further discussed CARE Court and its impact on the Coachella Valley. Mayor Harnik reported on her attendance at the League of California Cities Annual Conference in Long Beach; requested staff explore the Affordable Connectivity Program for possible grant opportunities. NON -AGENDA PUBLIC COMMENTS: None. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to approve the consent calendar. A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES ' MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to approve the Minutes of July 14, 2022. City of Palm Desert Page 2 CC SARDA & HA Meeting Minutes September 15, 2022 B. APPROVAL OF WARRANTS MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to approve the warrants issued for the period 08/19/2022 to 09/06/2022. C. APPROVAL OF FINDINGS RELATIVE TO AB 361 — REMOTE TELECONFERENCING MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to find 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 that the City may continue to employ remote teleconferencing. D. ACCEPT CONTRACT NO. C42450 AS COMPLETE FOR THE 2021 SLURRY SEAL PROJECT (PROJECT NO.751-21) MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to accept Contract No. C42450 with American Asphalt South, Inc., of Riverside, California, for the 2021 Slurry Seal Project as complete and authorize the City Clerk to file the Notice of Completion (Project No. 751-21). E. ACCEPT CONTRACT NO. C42330 AS COMPLETE FOR THE 2021 CATCH BASIN AND DRAIN CLEANING PROJECT (PROJECT 501-21) MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to accept Contract No. C42330 with United Storm Water, Inc. of Industry, California, for the 2021 Catch Basin and Drain Cleaning Project as complete and authorize the City Clerk to file the Notice of Completion (Project No. 501-21). F. ADOPT RESOLUTION No. 2022-78 ESTABLISHING REVISED DATES FOR REGULAR MEETINGS OF THE PALM DESERT HOMELESSNESS TASKFORCE FOR FISCAL YEAR 2022/23 MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to adopt Resolution No. 2022-78 establishing dates for the regular meetings of the City's Homelessness Taskforce for fiscal year 2022/23. G. INFORMATIONAL UPDATE REGARDING THE 2022 VETERANS DAY CELEBRATION MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to receive and file an informational update regarding the 2022 Veterans Day Celebration. H. APPROVAL OF PALM DESERT CHARTER MIDDLE SCHOOL'S 2023 PANTHER 5K MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to: 1. Approve Palm Desert Charter Middle School's Panther 5K scheduled for Sunday, January 22, 2023. 2. Approve road closures on El Paseo between Highway 74 and Portola Avenue. I. APPROVAL OF THE 2023 PALM DESERT HALF MARATHON AND 5K EVENT City of Palm Desert Page 3 CC, SARDA. & HA Meeting Minutes September 15 2022 MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to: 1. Approve the 2023 Palm Desert Half Marathon and 5K scheduled for Sunday, February 12; 2023. 2. Approve the proposed event route and road closures. 3. Temporarily waive Palm Desert Municipal Code (PDMC) Section 11:01.140 (Amplified Sound). 4. Temporarily waive Palm Desert Municipal Code (PDMC) Section 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040. 5. Temporarily waive Palm Desert Municipal Code (PDMC) Section 11.01.080 (Prohibited Conduct Generally in City Parks, Item Q — Vendor Sales). J. CONSIDER REAPPOINTMENTS TO EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to reappoint Sonia Campbell, Dennis Flaig-Moore, and Patrick Klein to a three-year term beginning July 1, 2022, through June 30, 2025, to the El Paseo Parking & Business Improvement District (EPPBID) Board of Directors. K. ADOPT RESOLUTION NO. 2022-79 APPROVING' FINAL TRACT MAP NO. 37506-2 AND SUBDIVISION IMPROVEMENT AGREEMENTS WITH UNIVERSITY PARK INVESTOR, LLC., RELATED TO UNIVERSITY PARK MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to adopt Resolution No. 2022-79 approving Final Tract Map No. 37506-2 and Subdivision Improvement Agreements with University Park Investor, LLC., related to University Park. L. APPOINTMENT OF APPLICANTS TO THE CITY OF PALM DESERT'S CIVIC ENGAGEMENT COMMITTEE AND CULTURAL ARTS COMMITTEE MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to: 1. Appoint Greg rAkkerman, Brooke Beare-Stjerne, Emily Vogt, and David Scott Warmuth to the Civic Engagement Committee for a term ending June 30, 2024. 2. Appoint Anyse Smith, Marilyn Solomon, and Jonathan Stutz to the Civic Engagement Committee for a term ending June 30, 2026. 3. Appoint Ann Simley as an alternate member to the Cultural Arts Committee to fulfill a term ending June 30, 2023. 1 City of Palm Desert . Page 4 CC SARDA & HA Meeting Minutes September 15, 2022 1 M. AFFIRM APPROPRIATIONS ASSOCIATED WITH LEASE -PURCHASE AGREEMENTS FOR NECESSARY EQUIPMENT UPGRADES AT DESERT WILLOW IN PRIOR FISCAL YEAR MOTION BY COUNCILMEMBER QUINTANILLA, SECOND BY COUNCILMEMBER KELLY, CARRIED 5-0, to: 1. Affirm December 16, 2021, appropriation in the amount of $1,930,215.58 plus changes up to $96,510.78 for a total of $2,026,726.36 to Account Number 44141954809200 from unobligated Golf Course Capital Funds for the lease -purchase of Toro Equipment at Desert Willow. 2. Authorize an additional appropriation to cover price adjustment, in the amount of $25,163.68 to Account Number 4414195-4809200 from unobligated Golf Course Capital Funds for the Toro Equipment at Desert Willow. 3. Affirm December 16, 2021, appropriation in the amount of $1,575,438.84 to Account Number 4414195-4809200 from unobligated Golf Course Capital Funds for the lease - purchase of electric golf and utility carts from Club Car LLC at Desert Willow. EXCLUDED CONSENT CALENDAR: None. 2. ACTION CALENDAR: A. CONSIDER IMPLEMENTATION OF THE PALM DESERT TURF REBATE PROGRAM . IN PARTNERSHIP WITH THE COACHELLA VALLEY WATER DISTRICT (CVWD) AND APPROPRIATE $1,000,000 FROM THE UNOBLIGATED GENERAL FUND RESERVE Special Programs Manager Lawrence narrated a PowerPoint presentation and responded to City Council inquiries. Management Analyst Stull and Victoria Llort, of Coachella Valley Water District, also responded to City Council inquiries. Juleen McElgunn, a Palm Desert resident, spoke in support of the Turf Rebate Program. Dorian W., a Cathedral City resident, spoke in support of saving water and asked the City Council to reconsider its approval of the surf park development. Following discussion, MOTION BY MAYOR PRO TEM JONATHAN, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 4-1 (NESTANDE VOTING NO), to: 1. Support the implementation of the Palm Desert Turf Rebate Program in partnership with the Coachella Valley Water District (CVWD). 2. Approve an appropriation of $1,000,000 from the Unobligated General Fund Reserve to Account No. 4004437-4391503 (Turf Retrofit) and authorize the City Manager to adjust the allocation between residential and commercial if the application pattern reflects a clear basis to do so, and report back to the City Council. 3. Provide the City Manager conditional authorization to provide the program an additional $500,000 from the Unobligated General Fund Reserve to Account No. 4004437-4391503 (Turf Retrofit). 4. Authorize the City Manager to take all further actions to implement the program including waiving plan check and encroachment permit fees and approving/executing all associated agreement(s), approved as to form by the City Attorney. City of Palm Desert Page 5 CC, SARDA, & HA Meeting Minutes September 15 2022 B. RECEIVE AND FILE INFORMATIONAL REPORT ON THE HISTORY OF CITY COUNCIL ACTIONS RELATED TO DESERT COMMUNITY ENERGY (DCE) AND PROVIDE STAFF WITH DIRECTION ON FUTURE ACTIONS RELATED TO DCE Special Programs Manager Lawrence presented the staff report and responded to City Council inquiries. Tom Kirk, of the Coachella Valley Association of Governments, also responded to City Council inquiries. During the course of discussion, Councilmember Kelly noted that at the City Council meeting on August 25, 2022, she voted in the majority to support scheduling a Study Session related to Desert Community Energy and wished to reconsider her previous vote. MOTION BY COUNCILMEMBER KELLY, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 3-2 (COUNCILMEMBER QUINTANILLA AND MAYOR PRO TEM JONATHAN VOTING NO) to reconsider scheduling a Study Session related to Desert Community Energy. During discussion, Mayor Pro Tern Jonathan and Councilmember Quintanilla requested clarification from the City Attorney and the City Clerk relating to procedural matters. Following discussion, MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER KELLY, CARRIED 3-2 (COUNCILMEMBER QUINTANILLA AND MAYOR PRO TEM JONATHAN VOTING NO) to cancel the Study Session related to Desert Community Energy. C. DIRECTION FOR A PROSPECTIVE REQUEST FOR PROPOSALS FOR A RAIL - STATION FEASIBILITY STUDY Economic Development Director Ceja narrated a PowerPoint and responded to Council inquiries. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER HARNIK, CARRIED 5-0, to: 1. Confirm the contents to be included in a Request for Proposals (RFP) for a feasibility study to identify potential rail station locations within the City of Palm Desert. 2. Establish an ad hoc subcommittee to serve7 as a steering committee to work with the potential firm selected from the RFP process' and appoint Mayor Harnik and Councilmember Quintanilla to serve on the steering committee. D. APPROVE A CONTRACT AMENDMENT WITH HR GREEN PACIFIC IN THE AMOUNT OF $121,500 TO CONDUCT A FEASIBILITY AND MASTER PLAN STUDY FOR BROADBAND SERVICES Economic Development Director Ceja narrated a PowerPoint and responded, to Council inquiries. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER QUINTANILLA, CARRIED 5-0, to: 1. Approve a Contract Amendment between HR Green Pacific and the City of Palm Desert in the amount of $121,500 to conduct a feasibility and master plan study for broadband services. City of Palm Desert Page 6 CC, SARDA, & HA Meeting Minutes September 15, 2022 1 2. Establish a broadband ad -hoc subcommittee to aid in the development of the broadband feasibility and master plan study and appoint Mayor Harnik and Councilmember Kelly to serve on the subcommittee. 3. PUBLIC HEARINGS: None. INFORMATION ITEMS: None. ADJOURNMENT: The City Council adjourned at 7:17 p.m. Respectfully submitted, Nfamh M. Ortega Deputy City Clerk/Assistant Secretary ATTEST: A my Mep. cl 5; n02212:19 POT) Anthony-J. Mejia, MMC City Clerk/Secretary APPROVED -BY CITY COUNCIL: 9/29/2022 City of Palm Desert Page 7