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Home My WebLink About2023-01-12Thursday, January 12, 2023 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 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 Kelly on Thursday, January 12, 2023, at 3:30 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. ROLL CALL: Present: Councilmembers Jan Harnik, Gina Nestande, Karina Quintanilla, and Evan Trubee; and Mayor Kathleen Kelly. Absent: None. PLEDGE OF ALLEGIANCE: Councilmember Trubee led the Pledge of Allegiance. INSPIRATION/INVOCATION: Mayor Pro Tern Quintanilla offered words of inspiration. REPORT OF CLOSED SESSION: The closed session was cancelled. PRESENTATIONS: A. COACHELLA VALLEY RAIL (CV RAIL) PROJECT Aaron Hake, Deputy Executive Director of the Riverside County Transportation Commission, narrated a PowerPoint presentation on the proposed rail program to service the Coachella Valley, and responded to City Council comments and inquiries. CC. SARDA. & HA Meeting Minutes January 12, 2023 B. FRONTIER COMMUNICATIONS FIBER TO THE HOME (FTTH) Doug McAllister, Frontier Communications Vice President of External Affairs, narrated a PowerPoint presentation relative to the company's "Fiber To The Home' program, and responded to Council inquiries. CITY MANAGER'S COMMENTS: None. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: Mayor Pro Tern Quintanilla reported her attendance at various meetings and praised the City's Public Art program. Councilmember Hamik acknowledged January as National Staying Healthy Month; and reported her service on the League of California Cities' Policy Committee for Transportation, Communication, and Public Works. Mayor Kelly noted the observance of the Martin Luther King, Jr., holiday and asked the community to reflect on the power of peace in personal and civic affairs. NON -AGENDA PUBLIC COMMENTS: Joseph Scarna, Palm Desert resident, expressed concern for traffic safety issues in various areas of the city. Erin Sullivan -Moore, Palm Desert Area Chamber of Commerce representative, shared that Alisa Williams was promoted to the position of Chief Operations Officer for the organization. Lorraine Sales, Palm Desert resident, thanked Mayor Kelly for mentioning Martin Luther King, Jr., Day; and urged the City Council to consider rent control measures in Palm Desert. 1. CONSENT CALENDAR: MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the consent calendar as presented. A. APPROVE FINDINGS RELATIVE TO AB 361 — REMOTE TELECONFERENCING MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, 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. City of Palm Desert Page 2 CC. SARDA. & HA Meeting Minutes January 12, 2023 B. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the Minutes of December 15, 2022. C. APPROVAL OF WARRANTS MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve warrants issued for the period of December 8, 2022, through December 29, 2022. D. APPLICATION FOR AN ALCOHOLIC BEVERAGE LICENSE FOR: 1. ONURAL GROUP LLC, THE VENUE SUSHI BAR & SAKE LOUNGE, 73111 EL PASEO SUITE 103 2. SHOREBIRD EL PASEO LLC, 73061 EL PASEO SUITE 8 3. COWBOY CANTINA USA LLC, 72620 EL PASEO MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to receive and file the Alcoholic Beverage License applications. E. REQUEST TO APPROVE FEE WAIVER FOR REMEMBRANCE FOR VICTIMS OF COVID-19 EVENT MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve request by Mr. Donnie Cook to approve fee waiver for Remembrance for Victims of COVID-19 event at Civic Center Park including a temporary waiver of Palm Desert Municipal Code Section 11.01.140 (Amplified Sound in City Parks). F. REQUEST TO APPROVE TEMPORARY WAIVER OF CERTAIN PARK ORDINANCES FOR FUTURE FOOD MARKET AT CIVIC CENTER PARK MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve request by Mr. Bryan Lopez to approve temporary waiver of Palm Desert Municipal Code Section 11.01.140 (Amplified Sound in City Parks) and 11.01.080Q (Vendor Sales in City Parks) for Future Food Market at Civic Center Park. City of Palm Desert Page 3 CC. SARDA. & HA Meeting Minutes January 12, 2023 G. REQUEST TO APPROVE FEE WAIVER FOR HOLOCAUST REMEMBRANCE DAY EVENT MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve request by Mr. Steven Geiger to approve fee waiver for Holocaust Remembrance Day event at Civic Center Park including a temporary waiver of Palm Desert Municipal Code Section 11.01.140 (Amplified Sound in City Parks). H. REQUEST TO APPROVE TEMPORARY WAIVER OF CERTAIN PARKS ORDINANCES FOR PALM DESERT YOUTH SPORTS ASSOCIATION OPENING DAY OF BASEBALL & SOFTBALL AT CIVIC CENTER PARK MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve a temporary waiver of certain parks ordinances for Palm Desert Youth Sports Association (PDYSA) opening day of Baseball & Softball at Civic Center Park, including the following sections of the Palm Desert Municipal Code: a. 11.01.20 (Hours of Use in City Parks); b. 11.01.140 (Amplified Sound in City Parks); c. 11.01.080-H (Camping); d. 11.01.080 O (Placement of Advertising Signage in City Parks); and e. 11.01.080 Q (Vendor Sales in City Parks). I. ADOPT REQUEST TO APPROVE TEMPORARY WAIVER OF CERTAIN PARKS ORDINANCES FOR WATER LANTERN FESTIVAL AT CIVIC CENTER PARK MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve request by Mr. Sam Bakker to approve temporary waiver of certain parks ordinances for Water Lantern Festival at Civic Center Park including Palm Desert Municipal Code sections as follows: a. 11.01.20 (Hours of Use in City Parks); b. 11.01.140 (Amplified Sound i5 City Parks); c. 11.01.080 O (Placement of Advertising Signage in City Parks); and d. 11.01.080 Q (Vendor Sales in City Parks). City of Palm Desert Page 4 CC. SARDA. & HA Meeting Minutes January 12, 2023 J. AWARD CONTRACT NO. C44440 TO ECONOLITE SYSTEMS, INC., OF ANAHEIM, CALIFORNIA, FOR TRAFFIC SIGNAL HARDWARE UPGRADE IN THE AMOUNT OF $412,560 (PROJECT NO. 569-23) MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Award Contract No. C44440 to Econolite Systems, Inc., of Anaheim, California, for the Traffic Signal Hardware Upgrade project in the amount of $412,560. 2. Authorize the Director of Finance to set aside a contingency in the amount of $35,000 for unforeseen conditions. 3. Authorize the City Manager or designee to review and approve written requests for the use of contingency for unforeseen conditions up to the contingency amount per Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the agreement. K. ADOPT RESOLUTION NO. SA -RDA 099 FOR RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGETS FOR THE FISCAL PERIOD FROM JULY 1, 2023, THROUGH JUNE 30, 2024, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS (Successor Agency) MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to adopt Resolution No. SA - RDA 099 for Recognized Obligation Payment Schedule and Administrative Budgets for the fiscal period from July 1, 2023, through June 30, 2024, and taking certain related actions. L AWARD ON -CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK AND FACILITIES REPAIRS AND IMPROVEMENT PROJECTS AND APPROPRIATE FUNDS MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Approve Award on -call contracts to PUB Construction, Inc., of Diamond Bar, California, Belfor USA Group of Riverside, California, and Elite Customs Construction of San Jacinto, California, for Park and Facilities Repairs and Improvements, for a period of three (3) years in an aggregate amount not to exceed $750,000 per fiscal year with the initial year being pro -rated from date of approval, pursuant to the terms of the agreement(s). 2. Appropriate $220,000 from Unassigned Parkview Complex funds to Account No. 5104195-4331000. 3. Authorize the Mayor to execute said agreements. 4. Authorize the City Manager to review and approve up to two (2) additional one- year terms per vendor contract for an aggregated amount not to exceed $750,000 per fiscal year. City of Palm Desert Page 5 CC. SARDA. & HA Meeting Minutes January 12, 2023 M. APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C32410 WITH DESERT RECREATION DISTRICT FOR ANNUAL PARK AND PORTOLA COMMUNITY CENTER SERVICES AND APPROPRIATE FUNDS MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Approve Amendment No. 2 to Contract No. C32410 to incorporate DRD's adopted class and compensation study resulting in an increase to the reimbursement of park and community center services. 2. Appropriate $100,000 from Unobligated General Fund Reserves to Account No. 1104610-4309000, Prof -Services Civic Center Park. 3. Authorize the City Manager to execute said amendment. N. ACCEPT CONTRACT NO. C37040A WITH H&H GENERAL CONTRACTORS, INC., OF HIGHLAND, CALIFORNIA, FOR THE PRESIDENTS' PLAZA EAST AND WEST PARKING LOT IMPROVEMENTS AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION (PROJECT NO. 758-14) MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Accept Contract No. C37040A with H&H General Contractors, Inc. of Highland, California, for the Presidents' Plaza East and West Parking Lot Improvements as complete. 2. Approve Contract Amendment No. 3 to Contract No. C37040B in the amount of $94,000. 3. Authorize the transfer of $94,000 from the remaining contingency amount for the project from Contract No. C37040A to Contract C37040B. 4. Authorize the City Clerk to file the Notice of Completion. 5. Authorize the City Manager or their designee to execute the contract amendment. EXCLUDED CONSENT CALENDAR: None. 2. ACTION CALENDAR: A. RECEIVE AND FILE INFORMATIONAL REPORT RELATIVE TO STATE AND LOCAL REGULATIONS OF MARKET RATE HOUSING RENT INCREASES (Housing Authority) Housing Manager Gonzales and Special Counsel Kearns narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER TRUBEE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to receive and file an informational report relative to state and local regulations of market rate housing rent increases. City of Palm Desert Page 6 CC, SARDA, & HA Meeting Minutes January 12, 2023 3. PUBLIC HEARINGS: None. INFORMATION ITEMS: None. ADJOURNMENT: The City Council adjourned at 5:02 p.m. Respectfully submitted, Niamh M. Ortega Assistant City Clerk/Assistant Secretary ATTEST: Anthony J. Mejia, MMC City Clerk/Secretary APPROVED BY CITY COUNCIL: 1/26/2023 City of Palm Desert Page 7 Minutes 2023-01-12 final Final Audit Report 2023-02-13 Created: 2023-02-13 By: Michelle Nance (mnance@palmdesert.gov) Status: Signed Transaction ID: CBJCHBCAABAAd2wcotDTczy88FQynvJtiLZomdorgVCa "Minutes 2023-01-12 final" History Document created by Michelle Nance (mnance@palmdesert.gov) 2023-02-13 - 7:08:15 PM GMT Document emailed to nortega@palmdesert.gov for signature 2023-02-13 - 7:08:47 PM GMT Email viewed by nortega@palmdesert.gov 2023-02-13 - 7:08:49 PM GMT r Signer nortega@palmdesert.gov entered name at signing as Niamh M. Ortega 2023-02-13 - 7:16:18 PM GMT r-�Q Document e-signed by Niamh M. Ortega (nortega@palmdesert.gov) Signature Date: 2023-02-13 - 7:16:20 PM GMT - Time Source: server Document emailed to amejia@palmdesert.gov for signature 2023-02-13 - 7:16:21 PM GMT Email viewed by amejia@palmdesert.gov 2023-02-13 - 7:16:24 PM GMT Signer amejia@palmdesert.gov entered name at signing as Anthony Mejia 2023-02-13 - 7:19:18 PM GMT Document e-signed by Anthony Mejia (amejia@palmdesert.gov) Signature Date: 2023-02-13 - 7:19:20 PM GMT - Time Source: server Agreement completed. 2023-02-13 - 7:19:20 PM GMT 0 Adobe Acrobat Sign