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HomeMy WebLinkAbout2023-02-16Thursday, February 16, 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, February 16, 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 Harnik led the Pledge of Allegiance. INSPIRATION/INVOCATION: Mayor Kelly offered words of inspiration. REPORT OF CLOSED SESSION: City Attorney Hargreaves stated that direction was given by the City Council; no reportable actions were taken. PRESENTATIONS: A.PROCLAMATION – MALCOLM DAVID MACFARLANE DAY Mayor Kelly congratulated Mr. MacFarlane on his many years of service with the Citizens on Patrol (COPs) program; expressed the City Council’s gratitude for his strong sense of volunteerism and civic pride; and presented him with a proclamation in his honor. CC, SARDA, & HA Meeting Minutes February 16, 2023 City of Palm Desert Page 2 CITY MANAGER'S COMMENTS: A.PALM DESERT UNIVERSITY UPDATE Human Resources Manager Staehle and Human Resources Analyst Molina provided an update regarding the City’s professional development program and recognized participating staff in attendance. B.PALM DESERT AQUATIC CENTER HOURS AND OPERATIONS UPDATE Paula Simmonds, Family YMCA of the Desert representative, provided an update of the modified hours of operation for the Palm Desert Aquatic Center, noted regular operating hours depended upon sufficient staffing levels for safety, and responded to City Council inquiries. Palm Desert Aquatic Center Manager Keyes provided additional information and further responded to City Council inquiries. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: Councilmember Trubee reported his attendance at the League of California Cities conference for new mayors and councilmembers and other committee meetings. Councilmember Harnik reported her attendance at various meetings and highlighted the dedication of the Palm Desert High School baseball field as Salazar Field in honor of longtime coach Darrol Salazar. Mayor Pro Tem Quintanilla noted the need for veterinarians in the area; spoke of her participation in various events; and thanked staff for presenting the conceptual drawing for the Palm Desert Visitor Center to the Cultural Arts Committee. Mayor Kelly informed residents of the City of Palm Desert’s program that reimburses animal adoption fees paid for animals obtained from county or nonprofit shelters and rescue groups within the city; acknowledged Engineers’ Week and expressed appreciation for City engineers and the work they do. NON­AGENDA PUBLIC COMMENTS: Geoffrey Gregory, Palm Desert resident, advised that his neighbor installed a pickleball court at his rental home and urged the City Council to take immediate action to prohibit such activity in a residential area. Linda Alden Cloud, Chair of the Architectural and Design Committee of the Palm Desert Historical Society, shared information on a walking tour event as part of Modernism Week; thanked the City Council for the award of a $3,000 grant to produce the Society’s booklet, and shared information on another tour and the volunteers. Gregg Akkerman, Palm Desert resident, requested the Council provide an update on Measure B, voted upon on November 8, 2022. CC, SARDA, & HA Meeting Minutes February 16, 2023 City of Palm Desert Page 3 Kim McFarland, Palm Desert resident, supported the comments of Mr. Gregory, noting that a pickleball court should not be allowed at a rental property in a residential area. 1.CONSENT CALENDAR: MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the consent calendar with the removal of Item 1E for separate discussion. A.APPROVAL OF FINDINGS RELATIVE TO AB 361 – REMOTE TELECONFERENCING MOTION BY COUNCILMEMBER HARNIK, 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. B.APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the Minutes of January 26, 2023. C.APPROVAL OF WARRANTS MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve warrants issued for the period of November 26, 2022, through February 2, 2023. D.ADOPT RESOLUTION NO. 2023­002 AUTHORIZING DESTRUCTION OF OBSOLETE RECORDS FROM THE FINANCE DEPARTMENT AND HOUSING DIVISION MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to adopt Resolution No. 2023-002 authorizing the destruction of obsolete records from the Finance Department and Housing Division pursuant to California Government Code Section 34090. E.REJECT ALL BIDS SUBMITTED FOR CONSTRUCTION OF ONE QUAIL PLACE PARKING LOT REHABILITATION (PROJECT NO. 819­20) (Housing Authority) This item was removed from the Consent Calendar. Please refer to page 5 of these minutes for a summary of that action. CC, SARDA, & HA Meeting Minutes February 16, 2023 City of Palm Desert Page 4 F.AWARD CONTRACT NO. C44690 TO URBAN HABITAT, INC., OF LA QUINTA, CALIFORNIA, FOR THE PORTOLA AVENUE AND MAGNESIA FALLS DRIVE MEDIAN ISLAND LANDSCAPE INSTALLATION PROJECT IN THE AMOUNT OF $275,978 (PROJECT NO. 937­23) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1.Award Contract No. C44690 to Urban Habitat, Inc., of La Quinta, California, for the Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation project in the amount of $275,978. 2.Authorize the Director of Finance to set aside a contingency in the amount of $55,000 for unforeseen conditions. 3.Authorize the Director of Finance to appropriate $60,000 from the Unassigned General Fund Reserves to Account No. 1104614-4337001. 4.Authorize the City Manager or designee to review and approve written requests for the use of contingency per Section 3.30.170 of the Palm Desert Municipal Code. 5.Authorize the City Manager to execute the agreement. G.AWARD CONTRACT NO. C44570 TO JACOBSSON ENGINEERING CONSTRUCTION, INC., OF PALM DESERT, CALIFORNIA, FOR THE WHITE STONE LANE STREET IMPROVEMENTS IN THE AMOUNT OF $535,122 (PROJECT NO. 512­21) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1.Award Contract No. C44570, including Additive Bid Item #1, to Jacobsson Engineering Construction, Inc., of Palm Desert, California, for the White Stone Lane Street Improvements in the amount of $535,122. 2.Authorize the Director of Finance to set aside a contingency in the amount of $53,500 for unforeseen conditions. 3.Authorize the City Manager to review and approve written requests for the use of the contingency amount. 4.Authorize the City Manager to execute the agreement. H.APPROVE AN AMENDMENT TO CONTRACT NO. C41690 WITH HR GREEN PACIFIC, INC., IN THE AMOUNT OF $44,375 FOR LAND DEVELOPMENT, BUILDING, AND PLANNING WORKFLOW DEVELOPMENT, AND TRAKIT IMPLEMENTATION MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Approve an amendment to Contract No. C41690 between HR Green Pacific, Inc., and the City of Palm Desert in the amount of $44,375 for land development, building, and planning workflow development, and TrakIT implementation. 2.Authorize City Manager or designee to execute Contract Amendment No. 3. CC, SARDA, & HA Meeting Minutes February 16, 2023 City of Palm Desert Page 5 I.AWARD CONTRACT NO. C44790 TO ESCRIBE SOFTWARE LTD FOR AGENDA MANAGEMENT SOFTWARE MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1.Award a three-year subscription agreement No. C44790, with an option to extend the agreement for an additional two-year term, to eScribe Software LTD for agenda management software. 2.Authorize the City Manager to execute said agreement. EXCLUDED CONSENT CALENDAR: E.REJECT ALL BIDS SUBMITTED FOR CONSTRUCTION OF ONE QUAIL PLACE PARKING LOT REHABILITATION (PROJECT NO. 819­20) (Housing Authority) Rumzi AlAbbasi, Contractor, spoke in objection to the staff recommendation and requested that the City Council award the project to his company as the lowest bidder. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1.Reject all bids received for the construction of One Quail Place Parking Lot Rehabilitation. 2.Authorize staff to re-advertise for the construction of One Quail Place Parking Lot Rehabilitation. 2.ACTION CALENDAR: A.ADOPT RESOLUTION NOS. 2023­003 AND 2023­004 APPROVING 2022/23 MID­YEAR BUDGET ADJUSTMENTS AND REVISED STAFF ALLOCATION SCHEDULE Finance Director Chavez presented the staff report and responded to City Council inquiries. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1.Adopt Resolution No. 2023-003 approving mid-year budget adjustments for the Fiscal Year ending June 30, 2023. 2.Adopt Resolution No. 2023-004 approving revised staff allocation schedule for the Fiscal Year ending June 30, 2023. CC, SARDA, & HA Meeting Minutes February 16, 2023 City of Palm Desert Page 6 B.INTRODUCTION OF ORDINANCE NO. 1390 AMENDING THE PALM DESERT MUNICIPAL CODE TO UPDATE, CLARIFY, AND CODIFY BYLAWS AND GENERAL PROVISIONS FOR THE CITY’S BOARDS, COMMISSIONS, COMMITTEES, AND TASK FORCES City Clerk Mejia presented a staff report and responded to City Council inquiries. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to waive further reading and introduce Ordinance No. 1390 amending the Palm Desert Municipal Code to update, clarify, and codify bylaws and general provisions for the City’s boards, commissions, committees, and task forces. C.INTRODUCTION OF ORDINANCE NO. 1391 REVISING CHAPTER 2.68 OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO CULTURAL ARTS COMMITTEE Deputy Director of Economic Development Lawrence presented a staff report and responded to City Council inquiries. MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER HARNIK, CARRIED 5-0, to waive further reading and introduce Ordinance No. 1391 revising Chapter 2.68 of the Palm Desert Municipal Code relative to the Cultural Arts Committee. D.APPROVE COOPERATIVE AGREEMENT NO. C44800 WITH THE COUNTY OF RIVERSIDE TO PROVIDE CAPITAL FOR FIRE STATION CONSTRUCTION AND A STAFFING COST SHARE FOR FIRE STATION 102 Assistant City Manager Escobedo narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Approve Cooperative Agreement No. C44800 with the County of Riverside to provide capital for fire station construction and a staffing cost share for Fire Station 102. 2.Authorize the City Manager to execute the cooperative agreement. CC, SARDA, & HA Meeting Minutes February 16, 2023 City of Palm Desert Page 7 E.AWARD CONTRACT NOS. C44810 AND C44820 TO MULTIPLE VENDORS FOR CONSTRUCTION MANAGEMENT SERVICES OF PUBLIC WORK PROJECTS FOR AN AGGREGATE AMOUNT NOT TO EXCEED $11,739,394 MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1. Award Contract No. C44810 to Anser Advisory Management, LLC., of Santa Ana, California, and Contract No. C44820 to MARRS Services, Inc., of Fullerton, California, for construction management services of Public Works projects for a term of two years (2) years with the option to renew for no more than three (3) additional one-year terms in a combined aggregate amount between both vendors, not to exceed $11,739,394. 2.Authorize the City Manager to execute said agreements and subsequent task orders. 3.Direct the City Attorney, Director of Finance, and Director of Public Works to review annual expenditures and performance of the vendors under said Agreements. F.AWARD PROFESSIONAL SERVICES AGREEMENT NO. C44830 TO KIMLEY­ HORN AND ASSOCIATES IN THE AMOUNT OF $496,464 FOR A RAIL STATION FEASIBILITY STUDY Councilmember Harnik recused herself due to a potential financial conflict and left the Council Chamber. Management Analyst Mager narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER TRUBEE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 4-0-1 (HARNIK RECUSED), to: 1. Award Professional Services Agreement No. C44830 to Kimley-Horn and Associates of Indian Wells, California, for a rail station feasibility study in the amount of $496,464 for a one-year term with an option to renew for one (1) additional one-year term based on satisfactory performance. 2.Authorize the City Manager or designee to review and approve written amendment requests in an amount not to exceed $49,646. 3.Authorize the City Manager or designee to execute and renew the agreement and any documents necessary to effectuate the actions taken herewith. Councilmember Harnik returned to the Council Chamber. CC, SARDA, & HA Meeting Minutes February 16, 2023 City of Palm Desert Page 8 G.RESCIND RESOLUTION NO. 2018­89 AND ADOPT RESOLUTION NO. 2023­005 REVISING TAXATION RATES FOR CANNABIS BUSINESSES OPERATING WITHIN THE CITY OF PALM DESERT Management Analyst Mager narrated a PowerPoint presentation and responded to City Council inquiries. Paul Cotterell, representing The Leaf, encouraged the City Council to approve the staff recommendation and thanked them for their work on this item. Scott Rusczyk, representing the Coachella Valley Cannabis Alliance Network, supported Mr. Cotterell’s comments. Kenneth Churchill, representing West Coast Cannabis Club, supported the staff recommendation to lower cannabis tax to 5%. MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER HARNIK, CARRIED 5-0, to rescind Resolution No. 2018-89 and adopt Resolution No. 2023-005 revising tax rates for cannabis businesses operating within the City of Palm Desert. 3.PUBLIC HEARINGS: A.RECEIVE PUBLIC COMMENTS REGARDING THE DEVELOPMENT OF THE FIVE­YEAR CONSOLIDATED PLAN AND ANALYSIS OF IMPEDIMENTS PLAN YEAR 2023­2028, INCLUDING PROGRAM YEAR 2023­2024 ANNUAL ACTION PLAN AND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Maria Gallegos, Michael Baker & Associates consultant, narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Kelly opened the public hearing. Norma Biegel, representing Operation SafeHouse, spoke about her organization and thanked the City Council for their consideration of a grant request. Laura Nickerson, representing the Desert AIDS Project, spoke about his organization and thanked the City Council for their consideration of a grant request. Jack Newby, representing the Joslyn Center, spoke about his organization and thanked the Cove Communities Services Commission and the City Council for their consideration of a grant request. MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER HARNIK, CARRIED 5-0, to open the public hearing and receive comments regarding the development of the Five-Year Consolidated Plan and Analysis of Impediments Plan Year 2023-2028, including Program Year 2023-2024 Annual Action Plan and the Community Development Block Grant Program. CC, SARDA, & HA Meeting Minutes February 16, 2023 City of Palm Desert Page 9 INFORMATION ITEMS: None. ADJOURNMENT: The City Council adjourned at 6:20 p.m. Respectfully submitted, Níamh M. Ortega Assistant City Clerk/Assistant Secretary ATTEST: Anthony J. Mejia, MMC City Clerk/Secretary APPROVED BY CITY COUNCIL: 3/9/2023 Anthony Mejia (Apr 17, 2023 08:31 PDT) [This page has intentionally been left blank.]