HomeMy WebLinkAbout00 Agenda 2023-04-13
CITY OF PALM DESERT
PALM DESERT CITY COUNCIL (CC),
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA),
AND HOUSING AUTHORITY (HA) MEETING
(HYBRID MEETING)
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260
REGULAR MEETING AGENDA
Thursday, April 13, 2023
2:00 p.m. Study Session
3:30 p.m. Closed Session
4:00 p.m. Regular Session
Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public
access via teleconference or in person, and up to two Councilmembers may participate remotely.
WATCH THE MEETING LIVE: Watch the City Council meeting live on the City’s website
www.palmdesert.gov, under the “Council Agenda” link at the top of the homepage, or on the City’s
YouTube Channel.
OPTIONS FOR PARTICIPATING IN THIS MEETING: Attend the meeting in our Council Chamber
at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, CA 92260. To participate
by email, internet, or phone, please see the detailed instructions on the last page of this agenda.
AGENDA Thursday, April 13, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 2 of 8
3:30 P.M. CLOSED SESSION
CALL TO ORDER
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: This time has been set aside for
members of the public to address the City Council on items contained only on the Closed
Session Agenda within the three-minute time limit. Speakers may attend in person or utilize one
of the three options listed on the last page of this agenda.
RECESS TO CLOSED SESSION
CLOSED SESSION AGENDA
A. Closed Session Meeting Minutes: March 23, 2023
B. Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
1. Property Description: 45656 Mountain View
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Deborah Glickman
Negotiating Parties: Fidelis Advisors
Under Negotiation: Price and Terms
2. Property Description: 93.171 acre site located west of Portola Avenue and south of
Gerald Ford Drive (APNs 694-310-002, 694-310-003, and
694-310-006)
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Deborah Glickman
Negotiating Parties: Refuge Palm Desert, LLC
Under Negotiation: Price and Terms
3. Property Description: Desert Willow Lot Pad B (APN 620-400-008, 023, 620-420-024)
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo
Negotiating Parties: Desert Wave Ventures, LLC
Under Negotiation: Price and Terms
C. Conference with Labor Negotiators pursuant to Government Code Section 54957.6:
City Negotiator: Todd Hileman/Andrea Staehle
Other Party Negotiator: Palm Desert Employee Organization
D. 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.
AGENDA Thursday, April 13, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 3 of 8
4:00 P.M. REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE: Councilmember Trubee
INSPIRATION: Mayor Kelly
REPORT OF CLOSED SESSION: City Attorney Hargreaves
AWARDS, PRESENTATIONS, AND APPOINTMENTS
CITY MANAGER COMMENTS
A. INTRODUCTION OF CITY ENGINEER
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
NONAGENDA PUBLIC COMMENTS: This time has been set aside for the public to address the
City Council on issues that are not on the agenda for up to three minutes. Speakers may attend in
person or utilize one of the three options listed on the last page of the agenda. Because the Brown
Act does not allow the City Council to act on items not listed on the agenda, members may briefly
respond or refer the matter to staff for a report and recommendation at a future meeting.
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 March 23, 2023.
B. APPROVAL OF WARRANTS
RECOMMENDATION: Approve warrants issued for December 12 and December 28, 2022,
and for the period of March 3 through March 30, 2023.
C. ACCEPT CONTRACT NO. C43080 WITH SUPERIOR PAVEMENT MARKINGS, INC.,
OF CYPRESS, CALIFORNIA, FOR THE 2022 CITYWIDE RESTRIPING PROJECT AS
COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF
COMPLETION (PROJECT NO. 564-22)
RECOMMENDATION:
1. Accept Contract No. C43080 with Superior Pavement Markings, Inc., of Cypress,
California, for the 2022 Citywide Restriping as complete.
2. Authorize the City Clerk to file the Notice of Completion.
AGENDA Thursday, April 13, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 4 of 8
D. APPROVE CHANGE ORDER NO. 2 TO CONTRACT NO. C38850 WITH WEST COAST
ARBORISTS, INC., FOR ADDITIONAL ARBORICULTURAL SERVICES IN THE
AMOUNT OF $150,000 (PROJECT NO. 933-23)
RECOMMENDATION:
1. Approve Change Order No. 2 to Contract No. C38850 with West Coast Arborists for
additional arboricultural services during FY 2022/23 in the amount of $50,000 and an
additional $100,000 during FY 2023/24.
2. Authorize the City Manager or designee to review and execute change orders for
unanticipated conditions per Section 3.30.170 Section A of Ordinance No. 1335 for an
amount not to exceed $75,000.
3. Authorize the City Manager to execute the change order.
E. AUTHORIZE ADDITIONAL IMPROVEMENTS TO THE PALMA VILLAGE PARK
IMPROVEMENTS PROJECT IN THE AMOUNT OF $210,727 (PROJECT NO. 959-23)
RECOMMENDATION:
1. Authorize additional improvements to the Palma Village Park Improvements Project
in the amount of $210,727.
2. Authorize the Finance Department to transfer $75,155 from Expense Account
4004256-4400100, and $135,572 from 4504164-4400100 to a project expense
account.
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 Municipal Code.
F. AWARD A CONTRACT TO HORIZON PROFESSIONAL LANDSCAPE, INC., OF
COACHELLA, CALIFORNIA, FOR LANDSCAPE MAINTENANCE AREA NO. 6 IN THE
ANNUAL AMOUNT OF $127,776 PLUS REPAIR WORK AND SERVICES FOR AN
ANNUAL AMOUNT NOT TO EXCEED $70,000 (PROJECT NO. 906-24)
RECOMMENDATION:
1. Award a three-year Contract to Horizon Professional Landscape, Inc., of Coachella,
California, for Landscape Maintenance Area No. 6 in the annual amount of $127,776.
2. Authorize extra repair work and services in an annual amount not to exceed $70,000.
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 Municipal Code.
4. Authorize the City Manager to execute said agreement.
AGENDA Thursday, April 13, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 5 of 8
G. AWARD A CONTRACT TO MARIPOSA LANDSCAPES, INC., OF IRWINDALE,
CALIFORNIA, FOR LANDSCAPE MAINTENANCE AREA NO. 9 IN THE ANNUAL
AMOUNT OF $357,434.40 PLUS REPAIR WORK AND SERVICES FOR AN ANNUAL
AMOUNT NOT TO EXCEED $85,000 (PROJECT NO. 909-24)
RECOMMENDATION:
1. Award a three-year Contract to Mariposa Landscapes, Inc., of Irwindale, California,
for Landscape Maintenance Area No. 9 in the annual amount of $357,434.40.
2. Authorize extra repair work and services in an annual amount not to exceed
$85,000.00.
3. Authorize the City Manager or designee to review and approve written contract
amendment and change order requests for unanticipated conditions per
Section 3.30.170 of the Palm Desert Municipal Code.
4. Authorize the City Manager to execute the said agreement.
H. SECOND READING AND ADOPTION OF ORDINANCE NO. 1392 REPLACING
CHAPTER 3.30 IN ITS ENTIRETY AND RESCINDING ORDINANCES NO. 224, 423,
586, 927, 928, 986, 1162, 1166, 1204, 1229, 1276, 1317, AND 1335 RELATIVE TO THE
PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS
RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and
read by title only; and adopt Ordinance No. 1392.
I. ADOPT RESOLUTION OPTING INTO SETTLEMENT AGREEMENTS WITH
DISTRIBUTORS OF OPIOIDS INCLUDING WALGREENS CO., WALMART, INC., AND
CVS HEALTH CORPORATION/CVS PHARMACY, INC., AND OPIOID
MANUFACTURERS TEVA PHARMACEUTICAL INDUSTRIES LTD. AND
ALLERGAN FINANCE, LLC/ALLERGAN LIMITED
RECOMMENDATION:
1. Adopt Resolution opting into separate settlement agreements with opioid distributors
and manufacturers including Walgreens Co., Walmart, Inc., CVS Health
Corporation/CVC Pharmacy, Inc., Teva Pharmaceutical Industries Ltd., and
Allergan Finance, LLC/Allergan Limited.
2. Authorize the City Manager to execute the Participation Agreements with the Settling
Defendants, proposed California State Subdivision Agreement Regarding Distribution
and Use of Settlement Funds with the Settling Defendants, and any other documents
necessary to implement the action.
J. APPROVE AMENDMENT NO 4 TO CONTRACT NO. C41690 WITH HR GREEN
PACIFIC, INC., FOR ENGINEERING DESIGN REFERENCE MANUAL AND
STANDARDS, NOT TO EXCEED $128,900
RECOMMENDATION:
1. Approve Amendment No. 4 to contract No C41690 with HR Green Pacific, Inc., for the
Engineering Design Reference Manual and Standards, not to exceed $128,900.
2. Authorize the City Manager to execute Contract Amendment No. 4.
AGENDA Thursday, April 13, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 6 of 8
CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate
discussion are considered at this time.
2. ACTION CALENDAR:
A. DESERT WILLOW RESIDENT PROGRAM RECOMMENDATIONS AND OPTIONS TO
RESOLVE CONCERNS IN 2023/24 FISCAL YEAR
RECOMMENDATION:
1. Consider and authorize a change to the booking window time for all programs from
12AM to 7PM, to provide better accessibility to available tee times.
2. Consider and authorize an increase to the Champions Club membership to 72 players
at $65.
3. Consider and authorize priority access to the Champions Club membership by offering
a Loyalty/Tenure rewarded priority (members with 5 or more years of participation
given right of first refusal) and remaining memberships offered via lottery.
4. Consider and authorize an increase to the Platinum Club booking window from 21
days to 60 days.
5. Consider and authorize leaving the Resident Card Program as is, no changes.
6. Authorize City Manager to review and amend programmatic changes on an annual
basis and implement non-substantive changes in subsequent fiscal years.
B. PROVIDE STAFF WITH DIRECTION ON MYLAR BALLOON ORDINANCE
RECOMMENDATION: Provide staff with direction on mylar balloon ordinance.
C. APPROVE A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF
$78,480 WITH RISING REALTY PARTNERS FOR PROPERTY MANAGEMENT
SERVICES AT THE PARK VIEW OFFICE COMPLEX LOCATED AT 73-710 AND 73-
720 FRED WARING DRIVE
RECOMMENDATION:
1. Approve a Professional Services Agreement in the amount of $78,480 with Rising
Realty Partners for property management services at the Park View Office Complex
located at 73-710 and 73-720 Fred Waring Drive.
2. Declare Bell Properties non-responsive.
3. Authorize Finance Director to appropriate $10,000 to Account No. 5104195-4309200
from unobligated enterprise fund monies for FY 2022/2023.
4. Authorize the City Attorney to make non-substantive changes to the agreement.
5. Authorize the City Manager or designee to execute the agreement and any
documents necessary to effectuate the actions taken herewith.
D. APPROVE THE USE OF AN OUT OF STATE TRAVEL REQUEST FORM
RECOMMENDATION: Approve the use of an Out of State Travel Request Form.
AGENDA Thursday, April 13, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 7 of 8
3. PUBLIC HEARINGS: The public may comment on individual Public Hearing Items within the
three-minute time limit. The applicant or appellant will be provided up to five minutes to make
their presentation. Speakers may utilize one of the three options listed on the last page of
this agenda.
None.
4. INFORMATION ITEMS
None.
ADJOURNMENT
AGENDA Thursday, April 13, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 8 of 8
THREE OPTIONS FOR PARTICIPATING IN THE MEETING
If unable to attend the meeting in person, you may choose from the following options:
OPTION 1: VIA E-MAIL
Send your comments by email to: CouncilMeetingComments@palmdesert.gov.
E-mails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the
record and distributed to the City Council. Emails will not be read aloud at the meeting.
OPTION 2: LIVE VIA ZOOM
1. Access via www.palmdesert.gov/zoom and click “Launch Meeting,” or
2. Access www.zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572.
OPTION 3: LIVE VIA TELEPHONE
1. Dial any of the following: (669) 900-9128 or (213) 338-8477 or (669) 219-2599.
2. Enter the Meeting ID: 833 6744 9572 followed by #.
3. Indicate that you are a participant by pressing # to continue.
4. During the meeting, press *9 to add yourself to the queue and wait for the Mayor or City Clerk
to announce your name/phone number. Press *6 to unmute your line and limit your comments
to three minutes.
___________________________________________________________________________
PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated
office for inspection of records in connection with this meeting is the Office of the City Clerk,
Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda
items considered in open session, and documents provided to a majority of the legislative bodies
are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov
by clicking “Council Agenda” at the top of the page.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with
the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at
this meeting, or in meetings on a regular basis, you will need special assistance beyond what is
normally provided, the city will attempt to accommodate you in every reasonable manner. Please
contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to
inform us of your needs and to determine if accommodation is feasible.
___________________________________________________________________________
AFFIDAVIT OF POSTING
I, Níamh M. Ortega, Assistant City Clerk of the City of Palm Desert, do hereby certify, under
penalty of perjury under the laws of the State of California, that the foregoing agenda for the
Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and
Housing Authority, was posted on the City Hall bulletin board and City website
www.palmdesert.gov no less than 72 hours prior to the meeting.
/S/ Níamh M. Ortega
Assistant City Clerk