HomeMy WebLinkAbout2023-04-13 Supplemental Packet
CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
Date: April 13, 2023
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of April 13, 2023
Below you will find questions received from the Mayor or Councilmembers and answers provided by
City staff regarding tonight’s City Council meeting:
ITEM 1I: 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
Q1: Has there been a previous discussion about the allocation? How have other cities
managed their funds? Can this be used to fund another social worker? Can this be
allocated to provide funds for the Homelessness Taskforce similar to other
commissions and committees?
A1: Cities were not a party to the allocation formula or discussion. The allocation is based on a
statewide formula including population and abatement. The allocations will go to the State,
Counties, and cities that elect to receive the funds directly. In our research, the cities that
opted in, plan to use their funds to support law enforcement opioid prevention programs or
purchase naloxone. Most cities have elected to give the money to the County and have the
County administer the programs. We have had discussions with the County over the last few
months regarding their program and whether the money went to them. The County still does
not have a final program in place for staff to evaluate. With the pending deadline, Staff has
worked with the City Attorney’s office and Social Services Coordinator to review the eligible
uses for these funds. They are very narrow and strict about their use. In looking at the series
of options, the most direct and regulation-compliant use would be to dedicate them to a
provider to conduct outreach to the unhoused population, and who could connect them to
resources including substance use treatment and housing. This would also support the
Homeless Task Force strategic priorities established in 2022. The funding can be used for
staff expenses; however, the reporting requirements will be difficult to clear as the City has to
show direct impacts with the use of these funds. Lastly, the City could decide to redirect the
funds to the County in future years should a Countywide program be established.
ITEM 1J: 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
For clarification purposes, a table has been added to the contract amendment to clearly reflect all
prior amendments and summarize the total contract to date.
04/13/2023 Question & Answer Memo
Page 2 of 2
ITEM 2B: PROVIDE STAFF WITH DIRECTION ON MYLAR BALLOON ORDINANCE
Q1: How many instances of a power outage or fire related to mylar balloons have occurred
in Palm Desert?
A1: According to Southern California Edison (SCE), mylar balloons have caused two power
outages in Palm Desert within the last five years.
Contract No. C41690
Page 1 of 3
Revised 11-2-20
BBK 72500.00001\32445060.1
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND HR GREEN PACIFIC, INC.
1.Parties and Date.
This Amendment No. 4 to the Professional Services Agreement is made and entered into
as of this 13th day of April, 2023, by and between the City of Palm Desert (“City”) and HR Green
Pacific, Inc., a corporation with its principal place of business at 1260 Corona Pointe Court, S 305,
Corona, CA 92879 (“Consultant”). City and Consultant are sometimes individually referred to as
“Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. The City and Consultant have entered into an agreement entitled
“Professional Services Agreement” Contract No. C41690 dated July 1, 2021 (“Agreement” or
“Contract”) for the purpose of retaining the services of Consultant to provide on-call services for
the Public Works and Development Services Departments.
2.2 Amendment. The City and Consultant desire to amend the Agreement to include
additional Engineering Services for Engineering Design Reference Manual and Standards, for a
not-to-exceed amount of $128,900. The Parties have heretofore entered into Amendment
Numbers (#1) dated June 14, 2022, (#2) October 13, 2022, and (#3) February 16, 2023,
respectively.
2.3 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section
3.6.14 of the Agreement.
3. Terms.
3.1 Scope of Services and Term.
Section 3.1.1 of the Agreement is hereby amended to read as follows:
Original Agreement, Amendments No. 1, 2, and 3 with their
respective Exhibits, now with Amendment No. 4 Exhibit “A” attached
hereto and incorporated herein by reference.
Additional Engineering Services for Engineering Design Reference Manual
and Standards
Summary of Compensation
Agreement Contract Amount
C41690 $ 590,000
Amendment #1 N/A
Amendment #2 $ 121,500
Amendment #3 $ 44,375
Amendment #4 $ 123,900
Grand Total $ 879,775
Supplemental Item 1J-1
Contract No. C41690
Page 2 of 3
Revised 11-2-20
BBK 72500.00001\32445060.1
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 4,
all other provisions of the Agreement remain in full force and effect and shall govern the actions
of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4,
whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the
Agreement as amended by this Amendment No. 4.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 4.
3.4 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.5 Counterparts. This Amendment No. 4 may be executed in duplicate originals, each
of which is deemed to be an original, but when taken together shall constitute but one and the
same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Supplemental Item 1J-2
Contract No. C41690
Page 3 of 3
Revised 11-2-20
BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 4 TO PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF PALM DESERT
AND HR GREEN PACIFIC, INC.
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 4 to the
Professional services agreement as of the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
ATTEST:
By:
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
HR GREEN PACIFIC, INC.
By:
Its: Vice President
Printed Name: Timothy J. Hartnett
By:
Its: Secretary
Printed Name: Jason Poppen
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
Supplemental Item 1J-3
DESERT WILLOW
RESIDENT
PROGRAM
CONSIDERATION
April 13, 2023
Supplemental Item 2A-1
CURRENT
PROGRAMS
OFFERED
Resident Card
Resident Cards are available to Palm Desert residents at a
nominal $40 fee to access the course for $52 with a 3-day
booking window
Champions Club
Offers a League Play opportunity for the Residents of Palm
Desert.Currently,52 players are blocked every Wednesday
morning for members of the Champions Club to compete
in organized events from October through May.
Membership is limited so that players can compete each
week of the 32-week season
Platinum Card
Desert Willow’s version of a loyalty/frequent player program
with a 21-day booking window.It is designed for golfers
who want to make Desert Willow their primary playing
location for the year.In return for their membership
purchase and loyalty to Desert Willow,card holders receive
discounts on tee times,pro shop purchases, restaurant dining
and academy programs
Supplemental Item 2A-2
FINANCIAL
SNAPSHOT
2018-2019 2019-2020 2020-2021 2021-2022 2022-2023
OPERATIONAL INCOME STATEMENT Actuals Actuals Actuals Actuals Estimated
Beginning Cash Balance 3,327,774 3,596,022 2,374,599 3,817,067 4,911,679
REVENUES
Green Fees & Cart Fees 7,080,240 5,582,594 7,481,139 9,060,713 9,565,069
Merchandise 809,498 713,947 785,205 1,060,234 1,079,626
Other Pro Shop 501,340 517,703 491,579 482,003 455,829
Range 43,827 35,476 67,454 77,941 74,616
Food & Beverage 2,869,768 2,216,719 2,181,902 3,975,953 4,492,967
Academy Merchandise 92,285 76,911 77,263 64,932 58,762
Other Academy 216,465 173,351 268,967 323,023 338,125
Other G&A Income 24,542 28,722 14,504 37,621 40,205
Transfer in from GF - - - - -
TOTAL REVENUE 11,637,965 9,345,423 11,368,013 15,082,421 16,105,200
EXPENDITURES
Cost of Good Sold 1,355,396 1,121,263 1,200,530 1,719,241 1,948,800
Payroll 5,264,339 5,171,186 5,410,712 6,661,711 7,544,605
Operating Expenses 3,086,672 2,954,736 2,918,415 3,624,504 4,083,774
Equipment/Leases 636,885 450,384 469,030 988,548 720,000
Other Expense 609,758 513,878 557,776 518,614 495,398
Loan Repayment from City ($1M still outstanding)- - - 500,000 500,000
Capital Improvement Plan
Firecliff Golf Course Renovation - - - - 3,500,000
Annual DWGR Capital Replacement Expenditures 658,476 271,100 459,151 414,346 490,000
Annual Perimeter & DW Drive Expenditures 142,881 182,157 187,417 190,454 400,000
Total CIP 801,357 453,257 646,568 604,801 4,390,000
TOTAL EXPENDITURES 11,754,407 10,664,704 11,203,031 14,617,418 19,682,577
Net Surplus/(Deficit)(116,442) (1,319,281) 164,982 465,003 (3,577,377)
Transfer in from Capital Reserve 657,435 367,697 577,065 464,767 700,000
Accrual to Cash Basis Adjustment (272,745) (269,839) 700,421 164,842
OPERATIONS RESERVE PLAN/ANALYSIS
Ending DW Cash Balance/Reserve 3,596,022 2,374,599 3,817,067 4,911,679 2,034,302
Restricted for Outstanding Operational Loan 2,000,000 2,000,000 2,000,000 1,500,000 1,000,000
90 Day Operations Reserve 2,738,262 2,552,862 2,639,116 3,378,154 3,698,144
Reserve Surplus/(Deficit) *(1,142,240) (2,178,263) (822,049) 33,524 (2,663,843)
Desert Willow Golf Resort
Budget and Cash Flow Analysis
Supplemental Item 2A-3
CURRENT
INFLATION
FACTORS
IMPACTING BUDGET
DWGR Product Price
Examples 2019 2023 % Increas e
Ryegrass Seed (per pound)$ 0.89 $ 2.20 147%
Calcium Nitrate Granular (per bag)$ 15.05 $ 25.50 69%
Liquid Fertilizer (per gallon)$ 1.48 $ 2.90 96%
Bunker Sand (per ton)$ 44.00 $ 64.00 45%
Supplemental Item 2A-4
COMMON THEMES
FROM RESIDENT
MEETINGS
Availability of tee times
Platinum Card Membership –access to course
Resident Card Membership -access to course
Time of booking window (12:00 AM)
Champion Club Membership –Additional slots
necessary/access to course/prioritization
Willingness to pay more in exchange for
increased opportunities for play
Supplemental Item 2A-5
STAFF RECOMMENDATIONS
Resident Card
•No changes identified
•Remains $52/outing with 3-
day booking window
•Resident cards will continue to
be sold through Desert
Recreation District
Champions Club
•Expand program to 72 players
•Offer an additional 28
memberships to be waitlisted
and prioritized to fill weekly
vacancies
•Increase play rate to
$65/outing to cover associated
opportunity costs
•Initial sale of memberships will
be prioritized for loyalty
members with a “first right of
purchase” offer.
Platinum Card
•Continue to offer reduced
rates for membership cards for
residents and discounted green
fees
•Offer 800 cards, half of which
will only be available to
residents through December 1st
•Extend booking window to
60-days
•Implement non-refundable
booking fee for cancellations
Booking times for all programs will change from 12:00AM to 7:00PM.
Supplemental Item 2A-6
To: Palm Desert City Council
73510 Fred Waring Drive
Palm Desert, CA 92260-2578
Dear Palm Desert City Council Members,
A recent article in the "Coachella Valley Independent" reported the
following: --
On election day last November, the City of Palm Desert asked
residents whether the city should ... be divided into five districts, each
with its own representative. The final tally of the advisory Measure B:
53.24 % of voters chose the five-district option, while only 46. 76% of
voters chose to maintain the two-district status quo.
Palm Desert should stop wasting time on deciding whether to implement
anything other than 5 districts! The voters have spoken. Divide Palm
Desert into 5 districts and allow us to vote for our representative.
Yours truly,
~6)~
Suzane Wilbur
95 Camino Arroyo Place
Palm Desert, CA 92260
swilbur55@aol.com
-
CHARLIE ARA:
April 12, front page of Desert Sun GUNMAN IN LOUISVILLE SHOOTING LEGALLY
BOUGHT AR-15 RIFFLE
Also, Page 4A, April 12 Desert Sun Louisville Mayor, lawmakers push Ky. to take action on
guns
I might suggest that the Mayor of Palm Desert meet with Congressman, Ken Calvert, on what
can be done to ban the sale of Assault weapons in Palm Desert and surrounding areas. Could the
Council brainstorm on what other actions might be taken to protect our children and other
citizens.
Charlie Ara 760-341-4301
Palm Desert resident.
JOAN SPEER:
I like it! Joan ��
RALPH PERRY:
I support Charlie’s vision of striving for unity. Could we also spread the responsibility around?
All fair-minded people, no matter the party, realize that AR rifles are a problem in our country. I
do believe in a consensus approach.
Suggestion: A venue can be picked out for a local “town hall meeting.” The venue could be the
PD Council Chambers or bigger. It’s a non-partisan space. People could rise and voice their
thoughts while not becoming emotional or political. A code of conduct can be read. Mr. Calvert
can be invited so he can hear from everyone. Finding solutions is about reaching for positive
relationships.
It’s time to find comprehensive points of agreement on how to address guns. We can relate to
each other in person and get unified for forward momentum. It’s a first step in the process. A
committee needs to be formed. Fresh ideas can lead to good works, such as coming together for a
collective gun buy-back program in the Coachella valley.
Gun shops in the valley need to be incentivized to stop having AR rifles for sale. We could invite
Captain Dean Agnoletto and other police chiefs. We could all sign a petition for the gun buy-
back for Sheriff Bianco and then follow-up with him. That and this town-hall meeting would
garner positive press. We need to give our residents hope. We also have tens of thousands of
LGBTQ residents with pride events and churches. These are targets for extremists. We can also
hear what school districts are doing locally to secure their schools.
Ralph Perry, President, PDG Democratic Club
ELLEK1450:
Good idea Charlie!!����