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Home My WebLink About2023-04-13 Thursday, April 13, 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, April 13, 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. Absent: None. PLEDGE OF ALLEGIANCE: Councilmember Trubee led the Pledge of Allegiance. INSPIRATION/INVOCATION: Mayor Kelly offered words of inspiration. REPORT OF CLOSED SESSION: City Attorney Hargreaves stated no reportable actions were taken. PRESENTATIONS: Mayor Kelly noted that April is Donate Life Month and spoke on the importance of organ donation. CITY MANAGER'S COMMENTS: A. INTRODUCTION OF CITY ENGINEER City Manager Hileman welcomed City Engineer Maria Fraser who recently joined the City’s team and noted she and Capital Projects Director Culpeper would be working closely together on a number of projects. DocuSign Envelope ID: 67FF5602-F64D-4D6A-B55B-7C636015DD77 CC, SARDA, & HA Meeting Minutes April 13, 2023 City of Palm Desert Page 2 MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: All councilmembers 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 and announced Palm Desert’s Arbor Day plan to plant 50 trees for its 50th anniversary. Councilmember Harnik invited the public to attend an open house for Southern California Association of Governments’ 2024 plan update to the SoCal Connect program. Mayor Kelly invited the public to take the Mayor’s Water Conservation Pledge at mywaterpledge.com. NON-AGENDA PUBLIC COMMENTS: Chris Harris, Palm Desert resident, urged the City Council to streamline the permit process for rooftop solar installation. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the consent calendar. A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the Minutes of March 23, 2023. B. APPROVAL OF WARRANTS MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to 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) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 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. DocuSign Envelope ID: 67FF5602-F64D-4D6A-B55B-7C636015DD77 CC, SARDA, & HA Meeting Minutes April 13, 2023 City of Palm Desert Page 3 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) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 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) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 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 CONTRACT NO. C45050 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) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Award a three-year Contract No. C45050 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. DocuSign Envelope ID: 67FF5602-F64D-4D6A-B55B-7C636015DD77 CC, SARDA, & HA Meeting Minutes April 13, 2023 City of Palm Desert Page 4 G. AWARD CONTRACT NO. C45060 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) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Award a three-year Contract No. C45060 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 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1392. I. ADOPT RESOLUTION NO. 2023-009 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 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Adopt Resolution No. 2023-009 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. DocuSign Envelope ID: 67FF5602-F64D-4D6A-B55B-7C636015DD77 CC, SARDA, & HA Meeting Minutes April 13, 2023 City of Palm Desert Page 5 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 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 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. EXCLUDED CONSENT CALENDAR: None. 1. ACTION CALENDAR: A. DESERT WILLOW RESIDENT PROGRAM RECOMMENDATIONS AND OPTIONS TO RESOLVE CONCERNS IN 2023/24 FISCAL YEAR Director of Finance Chavez narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Authorize a change to the booking window time for all programs from 12AM to 7PM, to provide better accessibility to available tee times. 2. Authorize an increase to the Champions Club membership to 72 players at $65. 3. 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. Authorize an increase to the Platinum Club booking window from 21 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 Deputy Director of Economic Development Lawrence provided a staff report and responded to City Council inquiries. MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY MAYOR KELLY, CARRIED 4-1 (COUNCILMEMBER NESTANDE VOTING NO) to: 1. Direct staff to prepare an ordinance to prohibit mylar balloons in City-owned parks and outdoor spaces. 2. Request that the Coachella Valley Association of Governments (CVAG) refer consideration of a regional mylar balloon ban to the Energy and Environmental Resources Committee. 3. Direct staff to return to the City Council after the CVAG process to determine if additional action is needed. DocuSign Envelope ID: 67FF5602-F64D-4D6A-B55B-7C636015DD77 CC, SARDA, & HA Meeting Minutes April 13, 2023 City of Palm Desert Page 6 C. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. C45070 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 Management Analyst Glickman provided a staff report and responded to City Council inquiries. MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER HARNIK, CARRIED 5-0, to: 1. Approve Professional Services Agreement No. C45070 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. Declare Bell Properties non-responsive. 2. Authorize Finance Director to appropriate $10,000 to Account No. 5104195- 4309200 from unobligated enterprise fund monies for FY 2022/2023. 3. Authorize the City Attorney to make non-substantive changes to the agreement. 4. 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 City Clerk Mejia provided a staff report and responded to City Council inquiries. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to approve the use of an Out of State Travel Request Form. PUBLIC HEARINGS: None. INFORMATION ITEMS: None. DocuSign Envelope ID: 67FF5602-F64D-4D6A-B55B-7C636015DD77 CC, SARDA, & HA Meeting Minutes April 13, 2023 City of Palm Desert Page 7 ADJOURNMENT: The City Council adjourned at 4:47 p.m. Respectfully submitted, Níamh M. Ortega Assistant City Clerk/Assistant Secretary ATTEST: Anthony J. Mejia, MMC City Clerk/Secretary APPROVED BY CITY COUNCIL: 4/27/2023 DocuSign Envelope ID: 67FF5602-F64D-4D6A-B55B-7C636015DD77