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HomeMy WebLinkAbout2023-05-11Thursday, May 11, 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 2449, this meeting was conducted by teleconference and there was in-person public access to the meeting location. STUDY SESSION: A Study Session was called to order by Mayor Kelly on Thursday, May 11, 2023, at 1:30 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. All members of the City Council were present. The City Council received informational presentations regarding library operations and the Development Services Lobby Remodel Project. The City Council took no formal actions on these topics. The City Council recessed at 2:12 p.m. and reconvened to call the regular meeting to order at 3:00 p.m. CALL TO ORDER: A Regular Meeting of the Palm Desert City Council was called to order by Mayor Kelly on Thursday, May 11, 2023, at 3:00 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. RECESS TO CLOSED SESSION: There being no member of the public wishing to speak on any closed session items, the City Council recessed to Closed Session and reconvened at 4:00 p.m. 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. CC, SARDA, & HA Meeting Minutes May 11, 2023 City of Palm Desert Page 2 INSPIRATION/INVOCATION: Mayor Pro Tem Quintanilla offered words of inspiration. REPORT OF CLOSED SESSION: Assistant City Attorney Shah announced direction was given but no reportable actions were taken. PRESENTATIONS: None. CITY MANAGER'S COMMENTS: A. PURCHASING POLICY UPDATE Finance Director Chavez introduced Management Specialist Garcia who provided a purchasing policy update. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: All Councilmembers reported on their attendance at various meetings and events. Councilmember Harnik reported that the Living Desert was recently designated as a Certified Autism Center. Councilmember Nestande shared information regarding grants for clean, renewable energy for low-income residents. Councilmember Trubee and Mayor Kelly praised Councilmember Harnik for her service as President of the Southern California Association of Governments. Mayor Kelly thanked Mayor Pro Tem Quintanilla for featuring International Day Against Homophobia, Transphobia, and Biphobia, noting the City’s commitment in Resolution No. 2018-09 to stand against bigotry in all its expressions. Mayor Kelly requested that staff pursue the idea of identifying local schools with metal fabrication programs who may want to collaborate with the City on the production of bike racks as it relates to the City’s Bike Rack Program. Councilmembers Nestande and Harnik supported the request. NON-AGENDA PUBLIC COMMENTS: None. CC, SARDA, & HA Meeting Minutes May 11, 2023 City of Palm Desert Page 3 1. CONSENT CALENDAR: MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the consent calendar with the exception of Item 1M which was removed for separate consideration. A.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 April 27, 2023. B.APPROVAL OF WARRANTS MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve warrants issued for the period of March 8, 2023, through April 28, 2023. C.AWARD CONTRACT NO. C44890 TO HORIZON PROFESSIONAL LANDSCAPE, INC., OF COACHELLA, CALIFORNIA, FOR THE DESERT WILLOW PERIMETER LANDSCAPE AND LIGHTING REHABILITATION PHASE 2 PROJECT IN THE AMOUNT OF $319,260 (PROJECT NO. 871-23) MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Award Contract No. C44890 to Horizon Professional Landscape, Inc., of Coachella, California, for the Desert Willow Perimeter Landscape and Lighting Rehabilitation Phase 2 Project in the amount of $319,260. 2. Authorize the Director of Finance to set aside a contingency in the amount of $60,000 for unforeseen conditions. 3. Authorize the City Manager or designee to review and approve written requests for the use of contingency for unforeseen conditions per Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the agreement. CC, SARDA, & HA Meeting Minutes May 11, 2023 City of Palm Desert Page 4 D.APPROVE FEE WAIVER AND TEMPORARY WAIVER OF CERTAIN PARKS ORDINANCES FOR THE DESERT RECREATION DISTRICT FUNDRAISER AT CIVIC CENTER PARK MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve fee waiver and temporary waiver of certain parks ordinances for Desert Recreation District fundraiser at Civic Center Park as follows: 1. 11.01.20 (Hours of Use in City Parks); 2. 11.01.140 (Amplified Sound in City Parks); 3. 11.01.080 O (Placement of Advertising Signage in City Parks); 4. 11.01.080 Q (Vendor Sales in City Parks); and 5. 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040. E.HOUSING AUTHORITY - AUTHORIZE THE AWARD OF A GENERAL SERVICES AGREEMENT NO. HA45200 TO EXCLUSIVE PEST CONTROL SERVICES IN AN AMOUNT NOT TO EXCEED $74,832 ANNUALLY FOR PEST CONTROL AND EXTERMINATION SERVICES AT THE HOUSING AUTHORITY RESIDENTIAL RENTAL PROPERTIES MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Authorize the award of a three-year General Services Agreement No. HA45200, with an option to renew no more than two additional one-year terms to Exclusive Pest Control Services for pest control and extermination services at the Housing Authority residential rental properties, in a total annual amount not to exceed $74,832 (includes an annual cost of $62,580 and $12,252 for as- needed additional services). 2. Authorize RPM Company, the Housing Authority’s contracted management company, to monitor the Agreement and authorize additional pest control and extermination services as determined to be necessary due to emergency actions and/or to proactively respond to the needs of the properties. F.ACCEPT CONTRACT NO. C43340 WITH CHRISP COMPANY OF FREEMONT, CALIFORNIA, FOR THE CONSTRUCTION OF THE HAYSTACK ROAD TRAFFIC CALMING AND SAFETY IMPROVEMENTS PHASE 1 & PD LINK PHASE 1 CLASS III BICYCLE FACILITIES AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION (PROJECT NO. 667- 21 & 708-20) MOTIONBY MAYORPRO TEMQUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Accept Contract No. C43340 with Chrisp Company of Freemont, California, for the construction of the Haystack Road Traffic Calming and Safety Improvements Phase 1 and PD Link Phase 1 Class III Bicycle Facilities as complete. 2. Authorize the City Clerk to file the Notice of Completion. CC, SARDA, & HA Meeting Minutes May 11, 2023 City of Palm Desert Page 5 G.ACCEPT RESIGNATIONS FROM THE BUILDING BOARD OF APPEALS, FINANCE COMMITTEE, HOUSING COMMISSION, AND RESOURCE PRESERVATION AND ENHANCEMENT COMMITTEE MOTIONBY MAYORPRO TEMQUINTANILLA, SECONDBY COUNCILMEMBER NESTANDE, CARRIED 5-0, to accept with regret the resignation of Pamela Martin from the Building Board of Appeals, Karen Alexander from the Finance Committee, and Dennis Guinaw from the Housing Commission and Resource Preservation and Enhancement Committee. H.AUTHORIZE A CHANGE ORDER TO THE EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT CONTRACT NO. C43370 WITH FG CREATIVE IN THE AMOUNT OF $40,000 MOTIONBY MAYORPRO TEMQUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Authorize a Change Order to El Paseo Parking and Business Improvement District Contract No. C43370 with FG Creative in the amount of $40,000. 2. Authorize the City Manager to execute said agreement on behalf of the City. I.APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C41660 WITH SAME DAY EXPRESS FOR MAINTENANCE OF THE CITY OF PALM DESERT’S PERMANENT PUBLIC ART COLLECTION AND THE EL PASEO SCULPTURE EXHIBITION MOTIONBY MAYORPRO TEMQUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Approve Amendment No. 2 to Contract No. C41660 with Same Day Express in the amount of $55,200 from the term of July 1, 2023, to June 30, 2024, for maintenance of the City of Palm Desert’s permanent public art collection and the El Paseo Sculpture Exhibition. 2. Approve up to $20,000 on an as needed basis for additional public art maintenance and repair services from Same Day Express. 3. Authorize the City Manager to execute amendment. J.ACCEPT CONTRACT NO. C43400 AS COMPLETE FOR THE NORTH SPHERE WIND FENCE INSTALLATION PROJECT (PROJECT 767-22) MOTIONBY MAYORPRO TEMQUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to accept Contract No. C43400 with Red Hawk Services, Inc., of Perris, California, for the North Sphere Wind Fence Installation Project as complete and authorize the City Clerk to file the Notice of Completion. CC, SARDA, & HA Meeting Minutes May 11, 2023 City of Palm Desert Page 6 K.SECOND READING AND ADOPTION OF ORDINANCE NO. 1393 AMENDING AND UPDATING VARIOUS SECTIONS OF THE PALM DESERT MUNICIPAL CODE, INCLUDING UPDATES TO TITLE 25, ZONING MOTIONBY MAYORPRO TEMQUINTANILLA, SECONDBY COUNCILMEMBER NESTANDE, CARRIED 5-0, to waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1393. L.AUTHORIZE THE CITY MANAGER TO RENEW AN AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC., FOR AN ENTERPRISE ADVANTAGE PROGRAM IN THE AMOUNT OF $56,500.00 MOTIONBY MAYORPRO TEMQUINTANILLA, SECONDBY COUNCILMEMBER NESTANDE, CARRIED 5-0, to authorize the City Manager to renew an agreement with Environmental Systems Research Institute, Inc., (ESRI) for an Enterprise Advantage Program, in the amount of $56,500.00, to provide consulting, training, and technical assistance for Geographic Information Systems initiatives. M.APPROVE THE START OF PROCEEDINGS TO LEVY AND COLLECT ANNUAL ASSESSMENTS AND GRANT PRELIMINARY APPROVAL OF THE 2023/2024 ENGINEER’S REPORT FOR CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 This item was removed for separate discussion and action. N.RESOLUTION NOS. 2023-011 AND 2023-012: APPROVE THE START OF PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2023/2024 MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to waive further reading and adopt: 1. Resolution No. 2023-011 to initiate proceedings for the levy and collection of assessments for City of Palm Desert Benefit Assessment District No. 1 for Fiscal Year 2023/2024. 2. Resolution No. 2023-012 to declare its intention to levy the annual assessment for City of Palm Desert Benefit Assessment District No. 1 for Fiscal Year 2023/2024, pursuant to the Benefit Assessment Act of 1982 and appointing a time and place for the public hearing on these matters. 3. Set a public hearing to be held at City Hall on Thursday, June 22, 2023. CC, SARDA, & HA Meeting Minutes May 11, 2023 City of Palm Desert Page 7 O.ACCEPT CONTRACT NO. C43130 AS COMPLETE FOR THE COOK STREET REHABILITATION PROJECT (PROJECT 752-21) MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to accept Contract No. C43130 with Matich Corporation of San Bernadino, California, for the Cook Street Rehabilitation Project as complete and authorize the City Clerk to file the Notice of Completion. EXCLUDED CONSENT CALENDAR: M. RESOLUTION NOS. 2023-013 AND 2023-014: APPROVE THE START OF PROCEEDINGS TO LEVY AND COLLECT ANNUAL ASSESSMENTS AND GRANT PRELIMINARY APPROVAL OF THE 2023/2024 ENGINEER’S REPORT FOR CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to waive further reading and adopt: 1. Resolution No. 2023-013 to initiate proceedings for the levy and collection of annual assessments for Consolidated Palm Desert Landscaping and Lighting Maintenance District No. 1 for Fiscal Year 2023/2024. 2. Resolution No. 2023-014 to declare the intent to levy and collect annual assessments granting preliminary approval of the 2032/2024 Engineer’s Report for Consolidated Palm Desert Landscaping and Lighting Maintenance District No. 1. 3. Set a public hearing to be held at City Hall on Thursday, June 22, 2023. 2.ACTION CALENDAR: A.REQUEST FOR DIRECTION REGARDING THE WAYFINDING SIGN PROGRAM MASTERPLAN PROJECT Project Manager Leyva narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to move forward with options 1 and 3 to rebrand and update the current wayfinding design, and to design, replace and install monument signs at various locations throughout Palm Desert. CC, SARDA, & HA Meeting Minutes May 11, 2023 City of Palm Desert Page 8 B.REQUEST FOR DIRECTION REGARDING THE PALM DESERT LIBRARY Assistant City Manager Escobedo and Project Administrator Gerry narrated a PowerPoint presentation and responded to City Council inquiries. Ralph Perry, Palm Desert resident and Parks & Recreation Committee member, urged the City Council to consider taking over the management of the Palm Desert library. Paul Murphy, Palm Desert resident and Parks & Recreation Committee member, spoke in support of Mr. Perry’s position. MOTION BY COUNCILMEMBER TRUBEE, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to authorize the Mayor to seek out members for a Library Taskforce to include the Library subcommittee to the Parks and Recreation Committee, community members, and representatives of Friends of the Library and City Council; and direct staff to further research and return with additional information on the option to pursue fully taking over the Palm Desert Library and have it operated as a municipal library. C.AUTHORIZE STAFF TO PROCEED WITH PUBLIC ENGAGEMENT PROCESS AND PUBLIC EDUCATION ON POTENTIAL GENERAL SALES TAX MEASURE AND PROVIDE DIRECTION ON DRAFTING A RESOLUTION WITH BALLOT LANGUAGE FOR THE COUNCIL’S CONSIDERATION AT A FUTURE DATE Finance Director Chavez narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER HARNIK, SECOND BY MAYOR KELLY, CARRIED 5-0, to authorize staff to proceed with the public education process and public engagement on a potential general sales tax revenue (also known as transaction and use tax) measure. D.INTRODUCTION OF ORDINANCE NO. 1394 AMENDING CHAPTER 12.04 OF THE PALM DESERT MUNICIPAL CODE REGARDING ENCROACHMENTS AND EXCAVATIONS Public Works Director Alvarez narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER HARNIK, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to waive further reading and pass to second reading Ordinance No. 1394 amending Chapter 12.04 of the Palm Desert Municipal Code regarding encroachments and excavations. CC, SARDA, & HA Meeting Minutes May 11, 2023 City of Palm Desert Page 9 E.INTRODUCTION OF ORDINANCE NO. 1395 AMENDING THE PALM DESERT MUNICIPAL CODE RELATIVE TO THE HOMELESSNESS TASK FORCE MEMBERSHIP City Clerk Mejia provided 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. 1395 amending the Palm Desert Municipal Code relative to the Homelessness Task Force Membership. 3.PUBLIC HEARINGS: None. INFORMATION ITEMS: None. ADJOURNMENT: The City Council adjourned at 5:50 p.m. Respectfully submitted, Níamh M. Ortega Assistant City Clerk/Assistant Secretary ATTEST: Anthony J. Mejia, MMC City Clerk/Secretary APPROVED BY CITY COUNCIL: //2023