HomeMy WebLinkAboutMemorandum - Q&As (6-9-22)
CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
To: Honorable Mayor and Councilmembers
From: Heather Horning, Assistant to the City Manager
Date: June 9, 2022
Subject: City Council Agenda (June 9, 2022)
Below you will find questions received from the Mayor and/or Councilmembers and answers provided
by City staff regarding tonight’s Council meeting agenda.
CONSENT CALENDAR – ITEM F: AWARD CONTRACT TO RECREATION BRANDS SOUTHERN
CALIFORNIA FOR THE CIVIC CENTER PARK FITNESS, SHADE & FURNISHINGS
IMPROVEMENTS PROJECT, IN THE AMOUNT OF $207,954.25 (PROJECT NO. 718-22)
• Question: Is the Pour in Place flooring (made of Ethylene Polyplene Diene Monomer,
Thermoplastic Vulcanate, Aliphatic urethane) recyclable?
o Answer: Poured in Place (PIP) surfacing is made from recycled material and is
designed to meet safety requirements. After the useful life of the product, it may be
removed and recycled again (see attached – CA Recycle letter).
• Question: Can you provide information on how the shade structure and Tot Turf
perform in the heat. What type of Tot Turf was used?
o Answer: The UltraShade structure provides temperature reductions of up to 30
degrees. Tot Turf Supreme (see attached – Surface Max Supreme) surfacing will be
used for this project because of the smaller granule size, which creates a tighter bond,
and increased elasticity. This option comes with a 7-year warranty and performs better
in hot, dry climates.
• Question: How do the three options of Pour in Place surfacing compare? Will the
thickness of this material be certified to provide appropriate impact protection?
o Answer: Pour in Place surfacing is rated based on critical fall height (thickness/drop
height). The manufacturer to be used for this project, Robertson Industries, I nc., A
Playcore Company, has provided a third-party certification through the International
Play Equipment Manufacturers Association (IPEMA) for several Tot Turf products at
different critical fall heights to ensure the product conforms to the requirements of
ASTM F1292. Tot Turf Supreme was selected for this project and will be installed at
the appropriate thickness, as determined by the certified installer, based on the
equipment and related drop height in that area.
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• Question: After the alphatic urethane gloss sets as a binder in the Tot Turf, will high
heat on the material lead to skin reactions or other toxic events related to it?
o Answer: These materials are the industry standard and undergo rigorous testing. The
installed Tot Turf is not toxic to humans and will not cause skin reactions when heated.
More information on the product safety is attached (Attachment 3 – Is Poured-in-Place
Rubber Surfacing Actually Safe)
CONSENT CALENDAR – ITEM H: AWARD CONTRACT TO FLOCK SAFETY FOR A FIXED
LOCATION AUTOMATED LICENSE PLATE RECOGNITION (ALPR) SYSTEM
• Question: Who in the RSO system has access to records? Will there be an audit of
which were legitimate searches? Are there safeguards against abuse?
o Answer: The Riverside County Sheriff’s Department has provided their policy for the
capture, storage, and use of digital data obtained through the ALPR technology. This
policy is included as Attachment 4. Anyone who is a sworn peace officer employed by
the Riverside County Sheriff’s Department or a non-sworn officer who has criminal
investigative responsibilities who have met the training requirements may have access
to the records. This would include their community service officers, deputies,
investigators, sergeants, and crime analysts.
The Flock Safety system meets the required audit log requirements of the California
Justice Information Services (CJIS) Division. The Riverside County Sheriff’s
Department has committed that its account administrators will be routinely reviewing
the audit log for discrepancies, suspicious searches and verifying justified searches
through a random sampling of inquiries. They have identified that the system is
safeguarded by policies to the same extent that the California Law Enforcement
Telecommunications System (CLETS) is – their computer network that connects public
safety agencies across the state to criminal histories, driver records and other
databases. Flock Safety also does not contain any personably identifiable information
so the risk of abuse is relatively low in comparison to other databases they routinely
use and access. Existing state law also allows for civil recourse as a result of negligent
release of data.
Legal counsel for the City has identified that, from a contractual point of view, the City
and its Authorized End Users must use the Footage for an investigative or bona fide
lawful purpose. The contract defines Authorized End Users as “any individual
employees, agents, or contractors of” the City, which would include the Riverside
County Sheriff’s Department. The contract shifts responsibility to the City for the acts
of its “Authorized End Users”. Essentially, the contract requires the City to use the
Footage for a lawful purpose in accordance with any existing laws.
• Question: Where are the proposed locations? Total number to be purchased?
o Answer: A map of the proposed locations is available at the following website:
https://www.google.com/maps/d/viewer?mid=1G62Ajs0Tu5nkXOhm-
XHH2pn7Ot9aGx2q&ll=33.76376470602351%2C-116.37608135000002&z=12. It
shows a conceptual camera placement, including those intersections where multiple
cameras may be required for various approaches. The map identifies a Palm Desert
Phase 1 and a Palm Desert Phase 2, both of which are the subject of the contract
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award. The contract award is for a total of 49 cameras. For reference purposes only,
the map also shows the existing and proposed camera locations for the adjacent cities
of Rancho Mirage and Indian Wells; the Rancho Mirage and Indian Wells locations are
not part of this scope of work.
• Question: What is the certification that employees are required to maintain as required
by the contract?
o Answer: On Section 3.2.8, this is the City’s template standard of care language for
consultants providing professional services. The provision establishes that the
consultant must perform the services skillfully in a manner consistent with the
standards of other professionals that perform the same type of services and the
consultant represents it has any required licenses or qualifications to perform the
services. If not, the consultant could be either in breach of the contractor or negligent in
performing its services. This is the City’s template standard of care language and it will
apply differently depending on the services provided by the consultant. For example,
an architect will be required to perform the services to a standard of care of like
architects in California and have the proper licenses, such as a PE License. For Flock,
there are no specific licenses or qualifications they must have or hold, but they will
need to comply with the City’s permitting and traffic control processes and regulations
during installation, as an example, and they would be expected to meet all
requirements to perform that work to the City’s standards.
ACTION CALENDAR – ITEM C: APRROVE AGREEMENT BETWEEN THE CITY OF PALM
DESERT, KEMPER SPORTS MANAGEMENT, LLC., AND THE PALM DESERT RECREATIONAL
FACILITIES CORPORATION FOR THE MANAGEMENT, OPERATIONS, AND MAINTENANCE OF
THE DESERT WILLOW GOLF RESORT
• Question: Is the end result of the modified radius restriction that Kemper Sports
Management could operate a "members only" course in the Coachella Valley, but no
other type of course?
o Answer: The proposed radius restriction as drafted prevents Kemper Sports
Management from operating any other golf course in Palm Desert, and prohibits the
management of any municipal golf course within the Coachella Valley and any daily fee
(public) course in the Coachella Valley. The language is intended to limit Kemper in the
Coachella Valley to privately owned, membership-based courses that are not open to
the general public. The proposed radius restriction does allow Kemper to operate any
private (membership) golf courses and/or restaurants outside the Palm Desert City
limits.
ACTION CALENDAR – ITEM E: DISPOSITION OF PROPERTIES IDENTIFIED IN THE CITY’S
CENTRAL INVENTORY OF THE SURPLUS LAND ACT
• Question: Does continuing designation of the 170 acres as "excess" match present
strategic thinking about north sphere park options?
o Answer: Yes, until there is a final decision on the park location; land acquired from
SARDA and zoning changed for a park use, the 170-acres needs to remain “surplus”
under the Surplus Land Act. The 170-acres are not exempt and are identified as
surplus. The strategy not to make these properties available for this initial round is to
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allow for strategic planning, including a possible park site, to take place. Should a new
park site be identified in the 170-acres, the City Council will need to purchase the park
portion of the 170-acres and exempt that portion of the 170-acres for public use.
• Question: When the City acquired the various Alessandro Properties, what was the
original objective or motivation for the acquisitions? What was the plan?
o Answer: The objective of acquiring the Alessandro properties was two-fold: 1) acquire
right-of-way to widen Alessandro and provide additional public parking, and 2)
assemble land for redevelopment along the corridor.
• Question: What are the plans for Alessandro now? Have the projects been abandoned,
modified, etc?
o Answer: The City has obtained the necessary right-of-way from the Alessandro
properties to widen the street and make necessary parking and roadway improvements
for this portion of Alessandro. The intent is to offer the remainder of each of these
properties for sale for new housing development that meets the City’s zoning
regulations. This is consistent with the original intent for which the City acquired the
properties.
ACTION CALENDAR – ITEM G: APPROVE AGREEMENT BETWEEN CHILDREN’S DISCOVERY
MUSEUM OF THE DESERT AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF
THE REOPENING AND REIMAGINATION PLAN
• Question: Does the Children’s Discovery Museum of the Desert (CDMOD) need the full
$150,000 this year, or would $50,000 a year for three years meet their needs? What is
the impact to the City if the full request is paid this year versus dividing it over 3 years?
o Answer: The CDMOD contribution has been requested as a one-time request for
$150,000 in 2022/23 toward their new project. It is their intent to use the Rancho
Mirage and Palm Desert contributions as leverage with the other valley cities. Ms.
Burreson was asked if funding the city’s contribution over three years would work for
their needs. Ms. Burreson responded that any contribution would be appreciated, but
that their objective is to reach their $3M immediate goal to implement the new project.
Contributing the full request in 2022/23 will require a full appropriation to budget from
Unassigned General Fund Balance. Funding the contribution over three years, would
require the same appropriation from Unassigned General Fund Balance. The only
benefit that may be recognized in spreading out funding over 3-years is if Council
wants to make the latter years “contingent on the City Council annually appropriating
sufficient funds to pay the installment” (as has been written into our other multi-year
funding agreements). This provides the opportunity to budget/fund annually from
anticipated revenues in each fiscal year.
• Question: Why is $150,000 suggested and appropriated in the adjusted budget when
$50,000 was requested in the grant application?
o Answer: The maximum Outside Agency Funding Application award amount has
traditionally been $50,000. Ms. Burreson originally planned to go through Outside
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Agencies process, but the application was not received and therefore was not part of
the OA Funding review for 22/23.
When staff reached out to Ms. Burreson following her presentation to City Council on
May 26, 2022, she indicated that she wanted to request $150,000 from the City. In an
effort to avoid multiple requests this year, staff advised her to submit her request in full,
so Council could consider the need of CDMOD in its entirety for the 22/23 Fiscal Year.
The application was provided subsequently by Ms. Burreson for reference.
• Question: How much are other cities contributing?
o Answer: The City of Rancho Mirage will be contributing a $150,000 matching
contribution. The City of Indian Wells has not approved a contribution amount at this
time, but will be processing this request through their Grants-in-Aid Program that
typically grants awards in the amount of $5,000 to $15,000. The City of Palm Springs
will be considering this request in July. The Children’s Discovery Museum has
requested contributions from the City of La Quinta and Cathedral City, but there has
not been a decision on the amount that will be contributed at this time.
Attachments:
1. CA Recycle Letter
2. Surface Max Supreme
3. Is Poured-in-Place Rubber Surfacing Actually Safe
4. RivCo Automated License Plate Readers Policy