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Home My WebLink About2022-06-09CITY OF PALM DESERT REGULAR PALM DESERT CITY COUNCIL (CC), SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA), AND HOUSING AUTHORITY (HA) MEETING (VIRTUAL MEETING) MINUTES Thursday, June 9, 2022 CLOSED SESSION: 3:00 P.M. CALL TO ORDER The meeting was called to order at 3:00 p .m . with all members of the City Council present. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None. RECESS TO CLOSED SESSION Seeing no public comment , the City Council adjourned to Closed Session at 3 :01 p .m . CLOSED SESSION AGENDA A. Closed Session Meeting Minutes: May 26, 2022 B. Conference with Legal Counsel regarding Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)(2): Two (2) matters that , under the existing circumstances , the City Attorney believes create significant exposure to litigation . C . Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City Negotiator(s): Employee Organization : L. Todd Hileman , City Manager Palm Desert Employee Organization MINUTES City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting 4:00 P.M. REGULAR MEETING ROLL CALL Present: Councilmember/Director/Member Kathleen Kelly Mayor Pro TemNice ChairNice Chairman Sabby Jonathan Councilmember/Director/Member Gina Nestande Councilmember/Director/Member Karina Quintanilla Mayor/Chair/Chairman Jan C . Harnik Also Present: Todd Hileman , City Manager/Executive Director Robert W. Hargreaves, City Attorney Andrew Firestine , Assistant City Manager Veronica Chavez , Director of Finance Anthony J . Mejia , City Clerk Niamh M. Ortega , Deputy City Clerk PLEDGE OF ALLEGIANCE: Mayor Pro Tern Jonathan INSPIRATION/INVOCATION: Councilmember Kelly REPORT OF CLOSED SESSION: Thursday, June 9, 2022 City Attorney Hargreaves reported that direction was given but no reportable action was taken . AWARDS, PRESENTATIONS, AND APPOINTMENTS: A. Proclamation in Recognition of Purple Heart City B. Presentation by LifeStream relative to blood donations and the upcoming Nine Cities Challenge CITY MANAGER COMMENTS Public Affairs Manager Thomas Soule reported on various event taking place in Palm Desert. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmember Quintanilla reported on her attendance at various meetings . She also requested that staff look at additional opportunities for cooling centers . Mayor Harnik reported her attendance at various events and committee meetings. She also requested that the Economic Development Subcommittee review the op t ions to redesign the Parkview building . Page 2 MINUTES City Counc il, Successor Agency to the Palm Desert Redevelopment Agency, and Hous ing Authority Meeting NON-AGENDA PUBLIC COMMENTS Thursday, June 9, 2022 Mr . Len Tavernetti , Military Order of the Purple Heart representative , spoke on behalf of his organization receiving the Purple Heart City proclamation and thanked the City Council for their support and recognition . Mr. Stephen Nelson , Palm Desert resident voiced his support for the planned regional park near the Mil lennium development, and voiced concerns about community engagement , density and income requirements for the Vitalia project. 1. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion . A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES RECOMMENDATION : Approve the Minutes of May 12 , 2022 . B. APPROVAL OF WARRANTS RECOMMENDATION : Approve the warrants issued for the period 05/13/2022 to 05/27/2022. C. APPROVAL OF FINDINGS RELATIVE TO AB 361 -REMOTE TELECONFERENCING RECOMMENDATION : Make findings 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 . D. APPLICATIONS FOR AN ALCOHOLIC BEVERAGE LICENSE FOR: 1. RUBERRY SALSA , 73030 EL PASEO SUITE 103 2. TRAVEL TRADERS HOTEL STORES INC, 75 WILLOW RIDGE, SUITE 101 RECOMMENDATION : Receive and file . E . APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C41340 WITH DOKKEN ENGINEERING OF SAN DIEGO, CALIFORNIA, IN THE AMOUNT OF $199,800 FOR BRIDGE MAINTENANCE PROGRAM (PROJECT NO. 759-21) RECOMMENDATION : 1. Approve Amendment No . 1 to Contract No . C41340 with Dokken Engineering of San Diego , California in the amount of $199 ,800. 2 . Authorize the City Manager or designee to execute the amendment and to rev iew and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount. Page 3 MINUTES City Council , Successor Agency to the Palm Desert Redevelopment Agency, and Ho us ing Authority Meeting " Thursday, June 9, 2022 F. AWARD CONTRACT NO. C43210 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) RECOMMENDATION: 1. Award Contract No. C43210 to Recreation Brands of Southern California of Escondido , California , in the amount of $207 ,954 .25 for the Civic Center Park Fitness , Shade & Furnishings Improvements Project (Project No . 718-22). 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $20 ,795 . 3 . Authorize the City Manager or his designee to review and execute change orders up to the contingency amount for unanticipated conditions , per Sect ion 3 .30 .170 Section A of Ordinance No . 1335. 4 . Authorize the Mayo r to execute the subject agreement. G. RESOLUTION NO. 2022-47 TO AUTHORIZE THE DESTRUCTION OF PAPER RECORDS THAT HAVE BEEN DIGITALLY IMAGED FROM THE DEVELOPMENT SERVICES DEPARTMENT (PLANNING/LAND DEVELOPMENT DIVISION), TO RELY ON THE ELECTRONIC RECORD AS THE OFFICIAL RECORD RECOMMENDATION : Waive further reading and adopt Resolu t ion No. 2022-47 to authorize the destruction of paper records that have been digita lly imaged from the Development Services Department (Planning/Land Development Division), to rely on the electronic record as t he official record . H. AWARD CONTRACT NO. C43220 TO FLOCK SAFETY FOR A FIXED LOCATION AUTOMATED LICENSE PLATE RECOGNITION (ALPR) SYSTEM This item was removed for separate consideration under "Consent Items Held Over". I. SUBMISSION OF A LETTER OF OPPOSITION FOR ASSEMBLY BILL 2011 REGARDING AFFORDABLE HOUSING AND HIGH ROAD JOBS ACT OF 2022 RECOMMENDATION : Approve the submission of a letter of opposition for Assembly Bill 2011 regarding Affordable Housing and High Road Jobs Act of 2022 . J. STREAMLINE THE USE OF VENDORS FOR THE DESERT WILLOW GOLF RESORT BY GRANTING AN EXCEPTION TO THE BIDDING REQUIREMENTS AND APPROVE THE OPERA TING EXPENSE VENDORS LIST FOR FISCAL YEAR 2022/23. RECOMMENDATION: 1. Grant an exception t o the bidding requirements, as provided for by Section 3.30.160(K) of the Municipal Code , not to exceed $50 ,000 for any one vendor during Fiscal Year (FY) 2022/23. 2 . Approve the Desert Willow Golf Resort's Operating Expense Ve ndors List. Page 4 MINUTES Thursday, June 9, 2022 City Council , Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting K. PURCHASE OF GOLF COURSE IRRIGATION SUPPLIES FROM HIGH TECH IRRIGATION, INC., OF INDIO, CALIFORNIA RECOMMENDATION : 1. Grant an exception to the bidd ing requirements , as provided for by Section 3 .30 .160(J) of the Municipal Code. 2. Authorize the City Manager or his designee to purchase Rain Bird golf course irrigation supplies from High Tech Irrigation, Inc ., of Indio , California, for Fiscal Year 2022/23, in an annual amount not to exceed $80,000 . L. APPROVE AN AMENDMENT NO . 1 TO CONTRACT NO. HA38940 WITH GARLAND/DBS, INC., FOR ROOF REPAIRS AND RELATED SERVICES AT THE PALM DESERT HOUSING AUTHORITY PROPERTIES IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $75,000 (HA) RECOMMENDATION : 1. Approve the Amendment No . 1 to Contract No . HA38940 with Garland/DBS , Inc ., for roof repairs and related services (includes costs for roof repairs , pe rmit fees for those repairs that may require one and other repair related costs) at the Palm Desert Housing Authority properties , effective July 1, 2022 , for a two-year term under the Omnia Partners Contract No . PW-1925 pursuant to Section 3.30.160 (E) and (L) of the City of Palm Desert Municipal Code in a total annual amount not to exceed $75 ,000 . 2 . Confirm participation with the Omnia Partners . 3 . Authorize the Chairman and/or the Executive Director to execute t he Amendment and any documents necessary to effectuate and implement the actions taken herewith. M. ADOPT RESOLUTION HA-106 AMENDING AND RESTATING THE BYLAWS FOR THE PALM DESERT HOUSING COMMISSION (HA) RECOMMENDATION : Waive further reading and adopt Resolution No . HA-106 amending and restating the Bylaws for the Palm Desert Housing Commission ("Bylaws ") which adopts the second Wednesday of the month as a regular meeting date . N. ADOPT RESOLUTION NO. HA-107 ESTABLISHING DATES FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING COMMISSION DURING FISCAL YEAR 2022-2023 (HA) RECOMMENDATION : Waive further reading and adopt Reso lution No . HA-107 establishing dates for regular meetings of the Palm Desert Housing Commission during the fiscal year 2022-2023 . Main Motion: Approve the consent calendar , excluding Item 1 H, which was removed for separate consideration . Moved by : Quintanilla/Kelly Vote and Action : 5 Yes/0 No. Motion Carried Page 5 MINUTES Thursday, June 9, 2022 City Council , Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time . H. AWARD CONTRACT NO. C43220 TO FLOCK SAFETY FOR A FIXED LOCATION AUTOMATED LICENSE PLATE RECOGNITION (ALPR) SYSTEM Main Motion: 1. Award contract to Flock Safety , in substantia l form , fo r a fixed location Automated License Plate Recognition (ALPR ) system in the amount of $140 ,050 in the first year and $126 ,000 each year thereafter, subject to annual budget appropriation. 2 . Authorize the City Manager or designee to negotiate, finalize and execute a contract with Flock Safety . Moved by : Nestande/Kelly Vote and Action : 4 Yes/0 No/1 Abstain (Quintanilla). Motion Carried 2. ACTION CALENDAR: A. AWARD CONTRACT NO. C42320 FOR JANITORIAL SERVICES AT CITY-OWNED FACILITIES TO MERCHANTS BUILDING MAINTENANCE, L LC., OF POMONA, CALIFORNIA, FOR THE ANNUAL AMOUNT OF $436,743.97 (PROJECT NO. 771-23) Main Motion: 1. Award a five-year contract , No . C42320 , for Janitorial Service at City- Owned Facilities to Merchants Building Maintenance , LLC ., of Pomona , California , for the annual amount of $436 ,743 .97 (Project No . 771-23). 2. Authorize extra services for unforeseen circumstances in the annual amount of $10 ,000 . 3 . Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3 .30 .170 of the Palm Desert M unicipal Code . 4 . Authorize the City Manaqer to execute the subject co ntract. Moved by : Nestande/Kelly Vote and Action : 5 Yes/0 No. Motion Carried Page 6 MINUTES City Council , Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Thursday, June 9, 2022 8. APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C41380 WITH KIMLEY-HORN AND ASSOCIATES, INC., OF INDIAN WELLS, CALIFORNIA, IN THE AMOUNT OF $350,000 FOR TRAFFIC OPERATIONS AND CAPACITY IMPROVEMENTS (PROJECT NO. 553-20) Mayor Harnik recused herself from this item and left the meeting temporarily. Main Motion: 1. Approve Amendment No . 1 to Contract No . C41380 w ith Kimley-Horn and Assoc iates , Inc ., of Indian Wells , California , for additional traffic engineering and design services in an amount not to exceed $350 ,000. 2 . Authorize the City Manager or designee to execute the amendment and to review and approve written requests for the use of the contingency for unforeseen conditions u to the contin enc amount. Moved by : Nestande/Kelly Vote and Act ion : 4 Yes/0 No/1 Recuse (Harnik). Motion Carried C. APPROVE AGREEMENT NO. C42210 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 Main Motion: 1. Approve Agreement No . C42210 between the City of Palm Desert , Kemper Sports Management, LLC ., ("Kemper") and the Palm Desert Recreational Facilities Corporation for the management , operations , and maintenance of the Desert Willow Golf Resort , in substantial form . 2 . Authorize the Mayor to execute the Agreement and any documents necessa to effectuate and im lement the actions taken herewith . Moved by : Jonathan/Kelly Vote and Action : 5 Yes/0 No. Motion Carried D. REQUEST TO EXTEND THE TEMPORARY USE PERMITS FOR DINING DECKS THAT COMPLY WITH THE ADOPTED DINING DECK DESIGN GUIDELINES WITHIN THE CITY OF PALM DESERT THROUGH JUNE 30, 2024 Main Motion: Direct staff to extend the Temporary Use Permits (TUPs) for the outdoor dining decks for an additional two years through June 30 , 2024 , for those restaurants who com I as of J une 30 , 2022. Moved by : Quintanilla/Kelly Vote and Action : 5 Yes/0 No. Motion Carried Page 7 MINUTES City Council , Successor Agency to the Palm Desert Redevelopment Agency, and Hous i ng Authority Meeting Thursday, June 9, 2022 E. DISPOSITION OF PROPERTIES IDENTIFIED IN THE CITY'S CENTRAL INVENTORY OF THE SURPLUS LAND ACT Mayor Harnik noted she would recuse herself from discussion relative to the property at 45656 Mountain View and asked that a separate action be taken on that property. The item was considered separately . Mr. Stephen Nelson voiced his support for public input on this project and expressed concern relative to the density . Main Motion: Approve staff's recommendation for a work plan related to the disposition of properties identified in the City's Central Inventory of the Surplus Land Act , excluding the single-family home located at 45656 Mountain View. Moved by : Kelly/Quintanilla Vote and Action: 5 Yes/0 No . Motion Carried Mayor Harnik recused herself from the discussion relative to the single -family home located at 45656 Mountain View due to her proximity to the property. Main Motion: Approve staff's recommendation for a work plan related to the disposition of property in the City's Central Inventory of the Surplus Land Act, identified as the single-family home located at 45656 Mountain View . Moved by : Kelly/Quintanilla Vote and Action: 4 Yes/0 No/1 Recuse (Harnik). Motion Carried F. APPROVE PURCHASE OF 160,000 POUNDS OF GRASS SEED FROM THE LOWEST RESPONSIBLE BIDDER FOR FISCAL YEAR 2022/23 (PROJECT NO. 921-23) Main Motion: 1. Authorize the City Manager to approve the purchase of 160 ,000 pounds of grass seed from the lowest responsible bidder for Fiscal Year 2022/23 (Project No.921-23). 2 . Authorize the Cit Mana er to execute the a reement. Moved by : Quintanilla/Nestande Vote and Action: 5 Yes/0 No. Motion Carried Page 8 MINUTES Thursday, June 9, 2022 City Council , Successor Agency to the Palm Desert Redevelopment Agency, and Hous ing Authority Meeting G. APPROVE AGREEMENT NO. C43230 BETWEEN CHILDREN 'S DISCOVERY MUSEUM OF THE DESERT AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF THE REOPENING AND REIMAGINA TION PLAN Mr. Stephen Nelson , Palm Desert resident , expressed his gratitude for the Children 's Discovery Museum of the Desert and thanked Ms . Burreson for her work at the Museum. Main Motion: 1. Authorize the Mayor to execute Agreement No . C43230 between the Children 's Discovery Museum of the Desert ("CDMOD ") and the City of Palm Desert relative to funding the reopening and reimagination plan of the Museum . 2 . Approve $150 ,000 payment in the 2022/23 fisca l year to fund this agreement. This amount has been included in the revised 2022/23 Financial Plan . Moved by : Jonathan/Quintanilla Vote and Action : 5 Yes/0 No . Motion Carried 3. PUBLIC HEARINGS: A. ADOPT RESOLUTION NO. 2022-48 REQUESTING THE COUNTY OF RIVERSIDE TO COLLECT THE SOLID WASTE CHARGES FOR INDIVIDUALLY BILLED RESIDENCES ON THE TAX ASSESSOR'S PROPERTY TAX ROLL FOR FISCAL YEAR (FY) 2022-23 Main Motion: 1. Conduct a majority protest public hearing to receive public comment related to the collection of solid waste charges for individually billed residences for FY 22 -23 on the County of Riverside Assessor's Property Tax Roll , and related items stipulated therein . 2. Waive further reading and adopt Resolution No . 2022-48 requesting the County of Riverside to collect the assoc iated costs for individually billed residences on the Tax Assessor's Property Tax Roll for FY 22-23 and authorize the City Manager to execute any documents necessary to effectuate the actions take herew ith . Moved by : Jonathan/Kelly Vote and Action : 5 Yes/0 No . Motion Carried INFORMATION ITEMS None . Page 9 MINUTES City Council , Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting ADJOURNMENT Thursday, June 9, 2022 With City Council , Successor Agency , and Housing Authority concurrence , Mayor Harnik adjourned the meeting at 6 :05 p .m . ATTEST: NiAMH M. ORTEGA , AND ASSISTANT SEC Palm Desert C ity Council UTY CITY CLERK TARY ~ )@~ JJAN C . HARNIK MAYOR/CHAIR/CHAIRMAN Successor Agency to the Palm Desert Redevelopment Agency Housing Authority Page 10