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Home My WebLink About2023-03-23 Thursday, March 23, 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. CALL TO ORDER: A Regular Meeting of the Palm Desert City Council was called to order by Mayor Kelly on Thursday, March 23, 2023, at 3:30 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. ROLL CALL: Present: Councilmembers Jan Harnik*, Gina Nestande, Karina Quintanilla, and Evan Trubee; and Mayor Kathleen Kelly. * Due to family care, Councilmember Harnik participated remotely. Absent: None. PLEDGE OF ALLEGIANCE: Mayor Kelly led the Pledge of Allegiance. INSPIRATION/INVOCATION: Mayor Pro Tem Quintanilla offered words of inspiration. REPORT OF CLOSED SESSION: City Attorney Hargreaves stated that the City Council unanimously authorized negotiation of a lease for 73-710 Fred Waring Drive with Coachella Valley Association of Governments. PRESENTATIONS: A. PROCLAMATION – WATER CONSERVATION MONTH Mayor Kelly affirmed the City of Palm Desert’s commitment to water conservation; shared the Coachella Valley Water District’s information on steps residents could take to reduce their water usage. DocuSign Envelope ID: 5EB46DB8-1AD3-4722-8400-F4973166DCFD CC, SARDA, & HA Meeting Minutes March 23, 2023 City of Palm Desert Page 2 B. PROCLAMATION – WOMEN MAKING HISTORY Mayor Kelly and Mayor Pro Tem Quintanilla presented a Proclamation to Dr. Avisinia Rodriguez, Interim Assistant Dean at California State University, San Bernardino – Palm Desert Campus. Dr. Rodriguez thanked the City Council for the recognition and for its support of the Palm Desert campus. CITY MANAGER'S COMMENTS: MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: All councilmember reported on their attendance and participation in various meetings and events. Mayor Pro Tem Quintanilla encouraged residents to participate in the upcoming LifeStream mobile blood drive. Councilmember Trubee requested a presentation at a future City Council meeting regarding the operations and management of the Palm Desert Library. Mayor Kelly announced that March is Blood Disorder Awareness Month and encouraged residents to learn more about inheritable blood and bleeding disorders. NON-AGENDA PUBLIC COMMENTS: Dorian Whitney, Palm Desert resident, spoke in opposition to the Dsrt SURF project, citing concern for conservation, environmental and transportation impacts. Gregg Akkerman, Palm Desert resident, urged the City Council and its subcommittee to be transparent about their activities related to districting. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM KELLY, CARRIED 5-0, to approve the consent calendar. Councilmember Harnik noted her recusal on Item 1P. A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to approve the Minutes of March 9, 2023. B. APPROVAL OF WARRANTS MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to approve warrants issued for the period of March 2, 2023, through March 10, 2023. DocuSign Envelope ID: 5EB46DB8-1AD3-4722-8400-F4973166DCFD CC, SARDA, & HA Meeting Minutes March 23, 2023 City of Palm Desert Page 3 C. APPLICATION FOR ALCOHOLIC BEVERAGE CONTROL LICENSES FOR GROCERY OUTLET INC, 72675 HIGHWAY 111, PALM DESERT MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to receive and file the application for Alcoholic Beverage License for Grocery Outlet, Inc. D. LETTER CALLING FOR RECONSIDERATION OF THE CLOSURE OF CHUCKAWALLA VALLEY STATE PRISON IN BLYTHE, CALIFORNIA MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to authorize the Mayor to sign a letter regarding the Salton Sea Management Program. E. LETTER REGARDING SALTON SEA MANAGEMENT PROGRAM MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1391. F. RECEIVE AND FILE LETTERS OF SUPPORT FOR THE UNIVERSITY OF CALIFORNIA, RIVERSIDE, COMMUNITY PROJECT FUNDING REQUESTS FOR CRITICAL MINERALS CHARACTERIZATION AND MICROGRID LIVING LABORATORIES AT THE PALM DESERT CAMPUS MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to receive and file the letters of support for the University of California, Riverside, Community Funding Requests for Critical Minerals Characterization and Microgrid Living Laboratories at the Palm Desert campus. G. UPDATE ON UNITE PALM DESERT FORGIVABLE LOANS AND REQUEST TO FORGIVE LOAN REPAYMENT FOR RECIPIENTS IN DEFAULT DUE TO UNFORESEEN CIRCUMSTANCES MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Forgive loan repayments for Unite Palm Desert Loan recipients in default due to unforeseen circumstances. 2. Authorize the City Manager to approve such forgiveness. DocuSign Envelope ID: 5EB46DB8-1AD3-4722-8400-F4973166DCFD CC, SARDA, & HA Meeting Minutes March 23, 2023 City of Palm Desert Page 4 H. APPROVE AMENDMENT NO. 1 TO EXTEND CONTRACT NO. C36120 FOR LANCE, SOLL & LUNGHARD, LLP, TO PERFORM PROFESSIONAL AUDITING SERVICES FOR THE FISCAL YEAR ENDING JUNE 30, 2023 MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Approve Amendment No. 1 to Contract No. C36120 with Lance Soll & Lunghard, LLP, to extend the term through June 30, 2024, for the Fiscal Year ending June 30, 2023, Audit Services. 2. Authorize Finance Director to negotiate other services that may be necessary during the extended period. 3. Authorize the City Manager to approve and execute amendment and any other documents necessary to effectuate the contract. I. AWARD OF CONTRACT NO. C44960 TO PFM ASSET MANAGEMENT FOR INVESTMENT MANAGEMENT AND ADVISORY SERVICES MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Award Contract No. C44960, in substantial form, to PFM Asset Management to provide investment management and advisory services for a term of three (3) years with an option to renew for two (2) additional one-year periods based on satisfactory performance. 2. Authorize the City Manager or designee to negotiate and/or take any necessary actions to facilitate the agreement, to execute the agreement and any documents necessary to effectuate the action taken herewith. J. AUTHORIZE AND AWARD AN ADDITIONAL CONSTRUCTION MANAGEMENT SERVICE PROVIDER, MAAS COMPANIES, INC., CONTRACT NO. C44970, IN AN AGGREGATE AMOUNT NOT TO EXCEED $11,739,394 MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Authorize and award an additional construction management service provider, MAAS Companies, Inc., Contract No. C44970, to support the completion of capital improvement projects. 2. Authorize the City Manager to execute said agreements and subsequent task orders. 3. Direct the City Attorney, Director of Finance and Director of Public Works to review annual expenditures and performance of the vendors under said Agreements. DocuSign Envelope ID: 5EB46DB8-1AD3-4722-8400-F4973166DCFD CC, SARDA, & HA Meeting Minutes March 23, 2023 City of Palm Desert Page 5 K. APPROVAL OF EXPENDITURES FOR THE PALM DESERT 2023 INDEPENDENCE DAY CELEBRATION (CONTRACT NO. C44980) MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Pre-approve and authorize expenditures in an amount not to exceed $80,000 from the FY 2023/24 Budget for production of the 2023 Independence Day Celebration event. 2. Approve Contract No. C44980A with Pyro Spectaculars, Inc., in substantial form for the fireworks display in the amount of $49,810 and authorize the City Manager to execute same. 3. Authorize the City Manager to execute any ancillary vendor contracts associated with production of the celebration, with the remainder of the requested $80,000, in a total amount not to exceed $30,190. L. DECLARE LISTED ITEMS AS SURPLUS PROPERTY AND AUTHORIZE STAFF TO DISPOSE AS NECESSARY MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: declare specified office furniture items and outdated surveyor equipment as surplus property and authorize staff to dispose as deemed necessary. M. CONSIDER REQUEST BY JULEEN MCELGUNN TO APPROVE FEE WAIVER REQUEST FOR HISTORICAL SOCIETY ANNUAL PICNIC MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to approve fee waiver for Historical Society Annual Picnic at Civic Center Park including a temporary waiver for Section 11.01.140 (Amplified Sound in City Parks) of the City of Palm Desert Municipal Code. N. AUTHORIZE THE USE OF LOWE’S HOME CENTERS, INC., HOME DEPOT U.S.A., INC., HD SUPPLY FACILITIES MAINTENANCE, AND THE SHERWIN - WILLIAMS COMPANY, FOR PURCHASE OF MATERIALS, SUPPLIES, AND APPLIANCES FOR PALM DESERT HOUSING AUTHORITY PROPERTIES FOR FY 2023/2024 (HA) MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Authorize the use of Lowe’s Home Centers, Inc. for the purchase of materials, supplies, and appliances pursuant to Section 3.30.160(E) and 3.30.160(L) of the Palm Desert Municipal Code for FY 2023/2024 in an amount not to exceed $220,000 (includes approximately $115,000 for the purchase of appliances and approximately $105,000 for materials and supplies). 2. Authorize the use of Home Depot U.S.A., Inc. for the purchase of materials and supplies pursuant to Section 3.30.160(E) and 3.30.160(L) of the Palm Desert Municipal Code for FY 2023/2024 in an amount not to exceed $45,000. (City Council action continued on the next page) DocuSign Envelope ID: 5EB46DB8-1AD3-4722-8400-F4973166DCFD CC, SARDA, & HA Meeting Minutes March 23, 2023 City of Palm Desert Page 6 3. Authorize the use of HD Supply Facilities Maintenance for the purchase of materials and supplies pursuant to Section 3.30.160(E) and 3.30.160(L) of the Palm Desert Municipal Code for FY 2023/2024 in an amount not to exceed $250,000. 4. Authorize the use of The Sherwin-Williams Company for the purchase of paint and supplies pursuant to Section 3.30.160(E) and 3.30.160(L) of the Palm Desert Municipal Code for FY 2023/2024 in an amount not to exceed $75,000. 5. Authorize the disposal and recycling of inefficient, damaged, obsolete, and non-functioning appliances as appropriate in accordance with EPA standards and declare as surplus at the time of removal from the properties. O. APPROVE AMENDMENT NO. 4 TO CONTRACT NO. C40520 WITH MICHAEL BAKER INTERNATIONAL, INC., OF PALM DESERT, CALIFORNIA, IN AN AMOUNT NOT TO EXCEED $495,500 MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Approve Amendment No. 4 to Contract No. C40520 with Michael Baker International, Inc., of Palm Desert, California, in an amount not to exceed $495,500. 2. Appropriate $400,000 from Unassigned General Fund Reserve monies to Account No. 1104300-4301000. 3. Authorize the City Manager or their designee to execute said amendment. P. APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C41380 WITH KIMLEY- HORN AND ASSOCIATES, INC., OF INDIAN WELLS, CALIFORNIA, IN THE AMOUNT OF $315,415 FOR TRAFFIC OPERATIONS AND CAPACITY IMPROVEMENTS (PROJECT NO. 553-20) Councilmember Harnik noted her recusal due to a financial conflict of interest. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 4-0 (COUNCILMEMBER HARNIK RECUSED), to: 1. Approve Amendment No. 2 to Contract No. C41380 with Kimley-Horn and Associates, Inc., of Indian Wells, California, for additional traffic engineering and design services in an amount not to exceed $315,415. 2. Authorize the City Manager or designee to execute the amendment and to review and approve written contract amendment requests per Section 3.30.170 of the Palm Desert Municipal Code for unforeseen circumstances. DocuSign Envelope ID: 5EB46DB8-1AD3-4722-8400-F4973166DCFD CC, SARDA, & HA Meeting Minutes March 23, 2023 City of Palm Desert Page 7 Q. APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C43220 WITH FLOCK SAFETY FOR PHASE 2 OF A FIXED LOCATION AUTOMATED LICENSE PLATE RECOGNITION SYSTEM MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Approve Amendment No. 1 to Contract No. C43220 with Flock Safety, in substantial form, for phase 2 of a fixed location Automated License Plate Recognition (ALPR) system in the amount of $151,050 in the first year and $132,500 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. R. LETTER OF OPPOSITION TO SENATE BILL 423 MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to receive and file a letter of opposition to Senate Bill 423 regarding multifamily housing developments. EXCLUDED CONSENT CALENDAR: None. 2. ACTION CALENDAR: A. REQUEST FOR DIRECTION ON THE WALK AND ROLL PD IMPLEMENTATION PLAN (PROJECT NO. 565-21) Capital Improvement Program Manager Bowman narrated a PowerPoint presentation and responded to City Council inquiries. Dorian Whitney, Palm Desert resident, spoke on the importance of bicycle and pedestrian safety and urged the City Council to consider reducing three-lane roads to two-lanes. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER HARNIK, CARRIED 5-0, to approve as proposed the Walk and Roll PD Implementation Plan dated March 3, 2023. B. APPROVE A PROFESSIONAL SERVICES AGREEMENT NO. C44990 IN THE AMOUNT OF $68,000 WITH STREETSENSE CONSULTING, LLC, FOR A MARKET STUDY OF THE VACANT PARCELS AT DESERT WILLOW GOLF RESORT Economic Development Director Ceja narrated a PowerPoint presentation , noted a correction to the contract amount from $63,000 to $68,000, and responded to City Council inquiries. DocuSign Envelope ID: 5EB46DB8-1AD3-4722-8400-F4973166DCFD CC, SARDA, & HA Meeting Minutes March 23, 2023 City of Palm Desert Page 8 MOTION BY COUNCILMEMBER HARNIK, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Approve a Professional Services Agreement No. C44990 with Streetsense Consulting, LLC, in the amount of $68,000, to conduct a market study to analyze the highest and best use for the vacant parcels located at the Desert Willow Golf Resort. 2. Authorize the City Manager to execute the agreement and make any amendments to the agreement as needed. C. INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, 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 (CC, SA, HA) Director of Finance Chavez narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to waive further reading and pass to second reading. PUBLIC HEARINGS: None. INFORMATION ITEMS: None. ADJOURNMENT: The City Council adjourned at 5:02 p.m. Respectfully submitted, Níamh M. Ortega Assistant City Clerk/Assistant Secretary ATTEST: Anthony J. Mejia, MMC City Clerk/Secretary APPROVED BY CITY COUNCIL: 4/13/2023 DocuSign Envelope ID: 5EB46DB8-1AD3-4722-8400-F4973166DCFD