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HomeMy WebLinkAbout2019-01-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 10, 2019 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Weber convened the meeting at 3:03 p.m. II. ROLL CALL Present: Councilmember Jan C. Harnik Councilman Sabby Jonathan Councilmember Kathleen Kelly Mayor Pro Tem Gina Nestande Mayor Susan Marie Weber Also Present: Lauri Aylaian, City Manager Robert W. Hargreaves, City Attorney Rachelle D. Klassen, City Clerk Lori Carney, Director of Administrative Services Russell Grance, Director of Building & Safety Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Finance/City Treasurer Tom Garcia, Director of Public Works Lt. Matt Martello, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Rocha, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Request for Closed Session: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2019 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Palm Desert iHUB, 37023 Cook Street, Suite 102, Palm Desert Negotiating Parties: Agency: Lauri Aylaian/Martin Alvarez/City of Palm Desert Property Owner: Sinatra and Cook Project, LLC Under Negotiation: x Price x Terms of Payment 2) Property: NEC Country Club Drive/Desert Willow Drive, Palm Desert (APNs 620-370-002, 620-370-003, 620-370-004, 620-370-017, 620-370-018, 620-370-020, 620-370-033, 620-370-043) Negotiating Parties: Agency: Lauri Aylaian/Martin Alvarez/City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment B. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(d)(1): 1) Four Green Gold, LLC, et al., v. City of Palm Desert, Riverside County Superior Court Case No. PSC 1806472 C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of potential cases: 2 D. Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title of Position: City Manager With City Council concurrence, Mayor Weber adjourned the meeting to Closed Session of the City Council at 3:05 p.m. She reconvened the meeting at 4:03 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS AND PRESENTATIONS None 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2019 VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of December 13, 2018. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 11/30/2018, 12/7/2018, 12/14/2018, 12/21/2018. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 12/7/2018 and 12/13/2018 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Coachella Pho, 72286 Highway 111, Suite J5, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Fix Restaurant, 73580 El Paseo, Suite A, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Haus of Pizza, 72795 Highway 111, Suite G2, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by La Fe Wine Bar, 73900 El Paseo, Suite 2, Palm Desert. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Western Refining Retail 6400 68184, 72300 Highway 111, Palm Desert. Rec: Receive and file. I. LIBRARY PROMOTION COMMITTEE Minutes for the Meeting of February 21, 2018. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2019 J. LETTER OF RESIGNATION from Joy Whitehurst - Housing Commission. Rec: Receive with very sincere regret. K. LETTER OF RESIGNATION from Robert Nevares - Housing Commission. Rec: Receive with very sincere regret. L. REQUEST FOR AUTHORIZATION to Designate Five (5) Police Department LIDAR Units as Surplus and to Dispose of As Appropriate. Rec: By Minute Motion, designate five (5) Police Department LIDAR units as surplus and authorize staff to dispose of them as appropriate. M. REQUEST FOR AUTHORIZATION to Designate 17 Police Department Bicycles and Related Equipment as Surplus and to Dispose of As Appropriate. Rec: By Minute Motion, designate 17 Police Department bicycles and related equipment as surplus and authorize staff to dispose of them as appropriate. N. REQUEST FOR AUTHORIZATION to Designate a 2009 Palm Desert Police Department Motorcycle as Surplus and to Dispose of As Appropriate. Rec: By Minute Motion, designate a 2009 Palm Desert Police Department motorcycle (VIN JH2SC51709K600132) as surplus and authorize disposal as required under an existing property insurance claim. O. REQUEST FOR APPROPRIATION in the Amount of $130,740 for the FY 2018-2019 City's Citizens Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) Award. Rec: By Minute Motion, appropriate $130,740 from Unobligated Fund 229 to Account No. 2294210-4391400 for the subject program. P. REQUEST FOR AUTHORIZATION of Market Research as Additional Extra Work Provided for in FY 2018-2019 Marketing Services Contract with Ideapeddler, LLC (Contract No. C37180). Rec: By Minute Motion, authorize the amount of $51,200 for market research to support the development of a new tourism advertising campaign, to be performed by Ideapeddler, LLC, Austin, Texas, as extra work, as defined by and provided for in subject contract — funds are available as a result of savings in the overall Marketing Budget for FY 2018-2019. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2019 Q. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C35780 — 2018 Catch Basin and Drain Cleaning Project (Project No. 501-18) (United Storm Water, Inc., Industry, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. R. REQUEST FOR APPROVAL of Out -of -State Travel for Five (5) Staff Members to Attend the CentralSquare 2019 Annual Conference to be Held in San Antonio, Texas. Removed for separate consideration under Section VI I, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. S. REQUEST FOR APPROVAL of the 2019 SWING `N HOPS STREET PARTY on Saturday, February 2 (Tricia Witkower, Out the Park Productions, LLC, Applicant). Rec: By Minute Motion, approve: 1) Road closure on El Paseo between San Pablo Avenue and Larkspur Lane for the 2019 Swing `N Hops Street Party; 2) consumption/possession of alcoholic beverages on public property, pursuant to Palm Desert Municipal Code Section 9.58.040 — funds for the event are available in Account No. 1104416-4306101. T REQUEST FOR APPROVAL of the 2019 Palm Desert Century Bike Ride on Saturday, November 9 (James E. Knight/Shadow Tour, LLC, Applicant). Rec: By Minute Motion, approve: 1) Shadow Tour's Palm Desert Century Bike Ride on November 9, 2019, at University Park; 2) road closure at University Drive from College Drive east to west and southbound lane closure of College Drive between University and Frank Sinatra Drives; 3) temporary waiver of Palm Desert Municipal Code (PDMC) Sections: a) 11.01.140 - Amplified Sound in City Parks; b) 11.01.080 - Prohibited Conduct Generally in City Parks, Item Q - Vendor Sales; c) 11.01.080 - Prohibited Conduct Generally in City Parks, Item W - Possession/Consumption of Alcohol in City Parks, pursuant to PDMC Section 9.58.040. Councilman Jonathan requested Item R be removed for separate consideration. Upon Motion by Kelly, second by Nestande, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None), the remainder of Consent Calendar was approved as presented. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2019 VII. CONSENT ITEMS HELD OVER R. REQUEST FOR APPROVAL of Out -of -State Travel for Five (5) Staff Members to Attend the CentralSquare 2019 Annual Conference to be Held in San Antonio, Texas. Councilman Jonathan noted he didn't see a dollar amount listed on the staff report. Mr. Stendell replied that traditionally dollar amounts are not listed in the staff report for out-of-state travel, but in general, a conference cost is approximately $2,000 per person when you consider registration, air fare, per diem, etc. Councilman Jonathan preferred to see the dollar amounts included in the staff report. Ms. Aylaian offered that these costs are already included in the budget when it's appropriated, but at that time, locations and costs are not yet identified, which is why staff is now asking for authorization to go out-of-state. Therefore, this is not new money, because it's already part of the budget. Councilmember Harnik pointed out that only estimates could be provided, because staff needs approval before finding out what airfare costs are going to be. Mr. Stendell said he understood he could have thrown in the budgetary information in the staff report, which is easy enough to do in the future. Councilmember Kelly moved to, by Minute Motion, authorize out-of-state travel for five (5) staff members (Management Specialist II - Code Compliance, Management Specialist II - Business Licensing, Management Specialist II - Building & Safety, Management Specialist II - Public Works, I.S. Administrator - Information Systems) to attend the CentralSquare 2019 Annual Conference to be held March 17-20 in San Antonio, Texas — funds are available in the following Department Account Nos. 1104470-4312000, 1104154-4312000, 1104420-4312000, and 1104300-4312000 - (Community Development, Building & Safety, Human Resources, and Public Works) for this request. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2019 VIII. RESOLUTIONS A. RESOLUTION NO. 2019 - 01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A PET ADOPTION REIMBURSEMENT POLICY FOR THE CITY OF PALM DESERT. Code Compliance Supervisor Pedro Rodriguez stated the proposed Resolution is to amend the current pet adoption policy for reimbursement costs to Palm Desert residents. This request will include reimbursement to nonprofit organizations, other than the shelter the City has on the current policy. Councilmember Kelly asked how many nonprofit organizations exist in Palm Desert that would qualify additionally. Mr. Rodriguez replied he knew about the Loving All Animals, the store on San Pablo Avenue, but with the new State law, pets can no longer be purchased from pet stores. The City had been working with this store, and what he understands, they will be converting to either a nonprofit organization or they will be closing their doors. He didn't know of any others in the City, but if others come forward, staff will make sure they meet all the requirements. Councilmember Kelly stated that in Thousand Palms there are two facilities, the County facility and Animal Samaritans, and she wondered if pet adoptions happen from Animal Samaritans. Mr. Rodriguez answered yes, stating staff reviews the paperwork that comes from Animal Samaritans' through the shelter, adding they work in conjunction. For instance, if a citizen wants a pet from the Animal Samaritan's, somehow they work it out where it is reimbursable to the residents through the program. Councilmember Kelly said that was a key concern. Councilmember Harnik asked if the City had a policy and procedure in place to ensure people are qualified for the reimbursement now that the law has changed. Mr. Rodriguez replied that staff first makes sure the animal is coming from a legitimate nonprofit organization, then when a citizen comes in for a reimbursement, they also make sure they are a Palm Desert residents by checking their utility bill, a lease document, or anything that ties them to a Palm Desert address. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2019 Mayor Weber commented that the reimbursement is now going to be a fixed amount. Mr. Rodriguez said the amount is between $55 and $105, depending upon what the County charges. Mayor Weber offered that some nonprofit's charge more when they adopt the animal out, but that still includes the chip and alterations. Councilmember Kelly stated that this whole notion that the pet store on San Pablo is converting to nonprofit alarmed her, because she would be skeptical of the motivation of a business that was previously profiting. Hopefully, there will be high-level scrutiny if it goes in that direction. Mr. Rodriguez reiterated staff will ensure they follow all State requirements, necessary to meet that nonprofit status. Councilman Jonathan pointed out that even though there were complaints over time, it was never demonstrated the business was not in compliance with applicable laws. Mayor Pro Tem Nestande moved to waive further reading and adopt Resolution No. 2019 - 01. Motion was seconded by Kelly and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). B. RESOLUTION NO. 2019 - 02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AN UPDATED LOCAL DEBT POLICY AND TAKING RELATED ACTIONS. Senior Management Analyst Veronica Tapia stated the proposed Resolution is to update the City's policy to meet current laws. Councilmember Kelly moved to waive further reading and adopt Resolution No. 2019 - 02. Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None). IX. ORDINANCES A. For Introduction: None 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2019 B. For Adoption: None X. NEW BUSINESS A. REQUEST FOR APPROVAL OF EIGHT (8) CONTRACTS FOR ON -CALL PROFESSIONAL ARCHITECTURE DESIGN SERVICES, EACH FOR A TERM OF 18 MONTHS IN A TOTAL AGGREGATE AMOUNT NOT TO EXCEED $150,000 (CONTRACT NOS. C38040A to H). Management Specialist Cora Gaugush stated the proposed eight contracts would be used for various architectural services if there is a need for tenant improvements within the City's own buildings. She said it was a lengthy process to try to find an architect and bring them on board, and by having this approved contract list, staff could call upon one of them and put them to work right away, saving a great deal of time. The contracts, while there are eight of them, would not exceed $150,000 in aggregate, and it would be paid down on a task order basis. Mayor Pro Tem Nestande noticed there were nine firms that applied, questioning if it was a challenge to pull one of them out and how was that decided. Ms. Gaugush replied it wasn't difficult, because the firm was truly not the type the City was looking for. They submitted a proposal, but they are a planning firm. While the City may have a need for their services in the future, it wasn't the type of architectural services needed for tenant improvements, facade enhancements, and Americans with Disabilities Act (ADA) upgrades. Councilmember Harnik couldn't recall doing it this way previously, although she thinks it's very effective and efficient. Ms. Aylaian explained the City has done a similar process, because staff does pre -qualify consultants, like architects, and puts them on a list that it can contract with for amounts less than $25,000 each. Councilman Jonathan asked if the consultants will be used exclusively for City projects and not for assisting staff with processing or permitting. Ms. Gaugush answered no, stating these contracts are only for City projects. These consultants will be used when the City is required to do improvement to properties, either an ADA upgrade or tenant improvement. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2019 Mayor Weber stated that on the advice of the City Attorney, she will be abstaining on Item 1(e). Councilmember Kelly moved to, by Minute Motion: 1) Award the following contracts for On -Call Professional Architecture Design Services, each for a term of 18 months in a total aggregate amount not to exceed $150,000: a) Contract No. C38040A to Adrian-Gaus Architects, Redlands, California; b) Contract No. C38040B to Hermann Design Group, Palm Desert, California; c) Contract No. C38040C to Holt Architecture, Rancho Mirage, California; d) Contract No. C38040D to Jeff Katz Architecture (JKA), San Diego, California; e) Contract No. C38040E to Prest-Vuksic Architects, Palm Desert, California; APPROVED. 4-0-1 (AYES: Harnik, Jonathan, Kelly, and Nestande; NOES: None; ABSTAIN: Weber); f) Contract No. C38040F to RA-DA, West Hollywood, California; g) Contract No. C38040G to STK Architecture, Inc., Temecula, California; h) Contract No. C38040H to TR Design Group, Riverside, California; 2) authorize the Mayor to execute said contracts — funds are available in FY 2018-2019 Budget in various Public Works Project Accounts and will be requested, as needed, in the FY 2019-2020 Budget. Motion was seconded by Weber and carried by 5-0 vote (AYES: Harnik, Jonathan, Kelly, Nestande, and Weber; NOES: None), with the exception of Item 1(e) where Mayor Weber abstained. XI. CONTINUED BUSINESS None XII. OLD BUSINESS None XIII. PUBLIC HEARINGS A. REQUEST FOR COMMENCEMENT OF THE FISCAL YEAR 2019/20 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM APPLICATION PROCESS AND FOR DEVELOPMENT OF THE FY 2019/20 ANNUAL ACTION PLAN. Management Analyst Christopher Gerry stated this was a public hearing to kick off the City's annual appropriation process for the Community Development Block Grant (CDBG) Program. This federal program provides certain government agencies funding annually to achieve multiple national objectives. The City has historically used its funding under the national objective of benefitting the low and moderate income households, which had been achieved through sub -grants to local nonprofit agencies. The City anticipates budgeting the same amount as last year's program, which is approximately $354,000. However, the final amount is always subject to change based on the approval of the federal budget. The recommendation this evening is to open and receive public comment related to the CDBG Program and opening the Application Process for nonprofit agencies. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2019 Councilman Jonathan expressed his concern with this snag between the United States Department of Housing and Urban Development (HUD) and the federal government. When this was reviewed, it was determined the City spent almost as much money as it gave away to implement the program. Staff came up with an awesome solution where the City retains control without the costs, but now it has to wait until 2021/2022 to implement it. Mr. Gerry explained the County has to reestablish itself with HUD every three years, and it has nothing to do with the City. Therefore, Palm Desert had to come in front of that 3-year eligibility period, but it didn't meet that threshold, stating that period happened almost six month prior. Mayor Weber declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. No testimony was offered and the public hearing will remain open during the application process. XIV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL None XV. ADJOURNMENT With City Council concurrence, Mayor Weber adjourned the meeting at 5:02 p.m. ATTEST: RAOHELLE D. KLASSEPd, CITY CLER CITY OF PALM DESERT, CALIFORN('A SUSAN MARIE WEBER, MAYOR 11