Palm Desert — 2024-05-23

10.a REQUEST FOR DIRECTION ON THE DINING DECK PROGRAM AND EL 447\nPASEO IMPROVEMENT SCHEDULE AND ESTABLISH A LICENSE\nAGREEMENT FOR USE OF THE RIGHT-OF-WAY\nRECOMMENDATION:\n1. Separate the El Paseo Street Rehabilitation project into two\nseparate projects to take place over two consecutive summers\nbeginning Summer 2024.\n2. Allow El Paseo dining deck operators to maintain current\noperations through May 2025 subject to approval of an annual\ntemporary use permit with removal of the dining decks prior to\nPhase Two of the El Paseo Street Rehabilitation project.\n3. Establish a License Agreement for dining deck use of the public\nright-of-way.\n4. Provide direction on enforcement of design guidelines.

10.b REQUEST FOR DIRECTION ON PROJECT CST00002 WALK AND ROLL 565\nPD (PHASE 3)\nRECOMMENDATION:\nProvide direction on Project CST00002 – Walk and Roll PD (Phase 3)\nscope of work and approve staff recommendations as outlined in the staff\nreport.

10.c REQUEST FOR DIRECTION ON THE PALM DESERT COMMUNITY 569\nGALLERY\nRECOMMENDATION:\nProvide staff with direction on the Palm Desert Community Gallery located\nin the North Wing Building at Palm Desert City Hall.

10.d APPROVE A TWO-YEAR EXTENSION TO THE PALM DESERT POET 577\nLAUREATE AGREEMENT\nRECOMMENDATION:\nApprove a two-year extension to the Palm Desert Poet Laureate\nAgreement with Lori Davis.

5.a UPDATE: LIFT TO RISE 2024-26 ACTION PLAN

5.b PRESENTATION: PALM SPRINGS AIR MUSEUM EDUCATION 11\nPROGRAM

5.c PROCLAMATION: NATIONAL PUBLIC WORKS WEEK

9.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING 33\nAUTHORITY MINUTES\nRECOMMENDATION:\nApprove the Minutes of May 6, 7, and 9, 2024.

9.b APPROVAL OF WARRANT REGISTERS 51\nRECOMMENDATION:\nApprove various warrant registers issued during the period of December\n2023 through May 2024.\n2\nCity Council Meeting\nMay 23, 2024

9.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE 103\nLICENSES\nRECOMMENDATION:\nReceive and file application for alcoholic beverage licenses for:\n1. California Fine Wine & Spirits, LLC (Total Wine & More) 72339 HWY 111\n#339, Palm Desert\n2. DDM Pizzeria Two, Inc (Blaze Pizza) 73393 HWY 111 Ste 2, Palm Desert

9.d ADOPTION OF ORDINANCE NO. 1414 ADDING SECTION 2.38.070 TO 111\nTHE PALM DESERT MUNICIPAL CODE TO ALLOW FOR THE\nELECTRONIC OR PAPER FILING OF CAMPAIGN FINANCE\nDISCLOSURE STATEMENTS\nRECOMMENDATION:\nAdopt Ordinance No. 1414 entitled, “AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING\nSECTION 2.38.070 TO THE PALM DESERT MUNICIPAL CODE\nAPPROVING ELECTRONIC AND PAPER METHODS OF FILING\nCAMPAIGN FINANCE DISCLOSURE STATEMENTS.”

9.e DECLARATION OF SURPLUS PROPERTY AND AUTHORIZATION OF 117\nDISPOSAL\nRECOMMENDATION:\nDeclare the items listed on Attachment 1 of the staff report as surplus\nproperty and authorize disposal as appropriate.

9.f APPROVAL OF THE VISIT GREATER PALM SPRINGS SECOND 121\nAMENDED AND RESTATED JOINT POWERS AGREEMENT\nRECOMMENDATION:\n1. Approve and accept the updates to the Second Amended and\nRestated Joint Powers Agreement (JPA) for Visit Greater Palm\nSprings (VGPS).\n2. Authorize the Mayor and City Manager to execute all necessary\ndocuments to effectuate this action.\n3\nCity Council Meeting\nMay 23, 2024

9.g APPROVE AMENDMENT NO. 3 TO CONTRACT NO. C41380 WITH 177\nKIMLEY-HORN AND ASSOCIATES, INC., OF INDIAN WELLS,\nCALIFORNIA, IN THE AMOUNT OF $310,000 FOR TRAFFIC\nASSESSMENTS AND DESIGNS\nRECOMMENDATION:\n1. Approve Amendment No. 3 to Contract No. C41380 with Kimley-\nHorn and Associates, Inc., of Indian Wells, California, for additional\ntraffic engineering and design services in an amount not to exceed\n$310,000.\n2. Authorize the City Attorney to make any necessary non-monetary\nchanges to the amendment.\n3. Authorize the City Manager or designee to execute the amendment\nand to review and approve written contract amendment requests\nper Section 3.30.170 of the Palm Desert Municipal Code for\nunforeseen circumstances.

9.h AWARD CONTRACT TO GAMETIME IN THE AMOUNT OF $157,490 FOR 189\nIMPROVEMENTS AT CIVIC CENTER DOG PARK (PROJECT NO.\nCFA00011)\nRECOMMENDATION:\n1. Waive any minor proposal irregularities and award a contract to\nPlaycore Wisconsin, Inc., dba GameTime of Fort Payne, Alabama,\nin an amount not to exceed $157,490 for improvements at Civic\nCenter Dog Park.\n2. Authorize the Director of Finance to set aside a contingency in the\namount of $20,000 for unforeseen circumstances.\n3. Authorize the City Manager to review and approve change orders\nfor any unforeseen circumstances per Section 3.30.170 of\nOrdinance No. 1392.\n4. Authorize the City Attorney to make any necessary, non-monetary\nchanges to the Agreement.\n5. Authorize the City Manager to execute said agreement and contract\namendments as needed to complete said work.

9.i APPROVE CIVIC ENGAGEMENT COMMITTEE FISCAL YEAR 2024-2025 237\nWORK PLAN\nRECOMMENDATION:\nApprove the Civic Engagement Committee’s Fiscal Year 2024/2025 Work\nPlan.\n4\nCity Council Meeting\nMay 23, 2024

9.j ADOPT HOUSING AUTHORITY RESOLUTION ESTABLISHING DATES 239\nFOR REGULAR MEETINGS OF THE PALM DESERT HOUSING\nCOMMISSION DURING FISCAL YEAR 2024/2025\nRECOMMENDATION:\nAdopt a Resolution entitled “A RESOLUTION OF THE PALM DESERT\nHOUSING AUTHORITY, SETTING THE SCHEDULE FOR REGULAR\nMEETINGS OF THE PALM DESERT HOUSING COMMISSION IN FISCAL\nYEAR 2024/2025.”

9.k AUTHORIZE AN AGREEMENT WITH GARLAND/DBS, INC., FOR ROOF 245\nREPAIRS AND RELATED SERVICES AS PART OF THEIR “DRY ZONE”\nPROGRAM BASED ON THE NATIONAL COOPERATIVE AGREEMENT\nWITH OMNIA PARTNERS, INC.\nRECOMMENDATION:\n1. Authorize the use of Garland/DBS, Inc., for roof repairs and related\nservices as part of their “Dry Zone” program pursuant to Section\n3.30.160(E) of the Palm Desert Municipal Code for Fiscal Year\n2024/25 in an annual amount not to exceed $75,000 per fiscal year.\nEach occurrence shall not exceed $3,500 per occurrence without\nwritten approval of the Authority’s Representative or designee.\n2. Approve the agreement with Garland/DBS for a term of three (3)\nyears under the Omnia Partners, Inc., national cooperative\nagreement R230401 with an option to renew the contract annually\nfor no more than two (2) additional one-year terms.\n3. Authorize the Executive Director, or his designee, to take any\nnecessary actions to facilitate execution of agreement with\nGarland/DBS, Inc., and execute any documents necessary to\neffectuate the actions taken herewith.

9.l ACCEPTANCE OF A RESIGNATION FROM THE RESOURCE 279\nPRESERVATION AND ENHANCEMENT COMMITTEE\nRECOMMENDATION:\nWith regret, accept the resignation of Melinda Mason from the Resource\nPreservation and Enhancement Committee.\n5\nCity Council Meeting\nMay 23, 2024

9.m AUTHORIZE THE USE OF QUILL, LLC., AND NATIONAL SERVICES 281\nCOMPANY DBA WAXIE SANITARY SUPPLY FOR THE PURCHASE OF\nOFFICE, JANITORIAL, AND SANITARY SUPPLIES FOR THE PALM\nDESERT HOUSING AUTHORITY FOR FISCAL YEAR 2024/25\nRECOMMENDATION:\n1. Authorize the use of Quill, LLC, for the reoccurring purchase of\noffice supplies for the management of the Housing Authority\nproperties, by property management, pursuant to Section 3.30.160\n(E) of the Palm Desert Municipal Code in an amount not to exceed\n$58,600 or Fiscal Year 2024/25.\n2. Authorize the use of National Services Company dba Waxie\nSanitary Supply for the reoccurring purchase of janitorial and\nsanitary supplies for the Housing Authority properties, by property\nmanagement, pursuant to Section 3.30.160 (E) of the Palm Desert\nMunicipal Code in an amount not to exceed $36,100 for Fiscal Year\n2024/25.

9.n AUTHORIZE THE USE OF LOWE’S HOME CENTERS, INC., HOME 287\nDEPOT U.S.A., INC., HD SUPPLY FACILITIES MAINTENANCE, AND\nSHERWIN WILLIAMS FOR PURCHASE OF MATERIALS, SUPPLIES,\nPAINT AND APPLIANCES FOR PALM DESERT HOUSING AUTHORITY\nPROPERTIES FOR FISCAL YEAR 2024/25\nRECOMMENDATION:\n1. Authorize the use of Lowe’s Home Centers, Inc., for the reoccurring\npurchase of materials, supplies, and appliances, by property\nmanagement, pursuant to Section 3.30.160(E) of the Palm Desert\nMunicipal Code for FY 2024/2025 in an amount not to exceed\n$230,000.\n2. Authorize the use of Home Depot U.S.A., Inc. for the reoccurring\npurchase of materials and supplies, by property management,\npursuant to Section 3.30.160(E) of the Palm Desert Municipal Code\nfor FY 2024/2025 in an amount not to exceed $60,000.\n3. Authorize the use of HD Supply Facilities Maintenance for the\nreoccurring purchase of materials and supplies, by property\nmanagement, pursuant to Section 3.30.160(E) of the Palm Desert\nMunicipal Code for FY 2024/2025 in an amount not to exceed\n$320,000.\n4. Authorize the use of The Sherwin-Williams Company for the\nreoccurring purchase of paint and supplies, by property\nmanagement, pursuant to Section 3.30.160(E) of the Palm Desert\nMunicipal Code for FY 2024/2025 in an amount not to exceed\n$80,000.\n5. Authorize the disposal and recycling of inefficient, damaged,\nobsolete, and non-functioning appliances as appropriate in\naccordance with Environmental Protection Agency (“EPA”)\nstandards and declare as surplus at the time of removal from the\nproperties.

9.o RATIFY A LETTER OF SUPPORT FOR THE UNIVERSITY OF 297\nCALIFORNIA, RIVERSIDE, 2024/25 CONGRESSIONAL COMMUNITY\nPROJECT FUNDING REQUEST FOR A CRITICAL MINERALS\nCHARACTERIZATION LABORATORY AT THE PALM DESERT CAMPUS\nRECOMMENDATION:\nRatify a letter of support for the University of California, Riverside, 2024/25\nCongressional Community Project Funding Request for a Critical Minerals\nCharacterization Laboratory at the Palm Desert Campus.

9.p RATIFY LETTERS OF OPPOSITION TO SENATE BILL 1037 (WIENER), 301\nPLANNING AND ZONING: HOUSING ELEMENT: ENFORCEMENT; and\nASSEMBLY BILL 1886 (ALVAREZ), HOUSING ELEMENT LAW:\nSUBSTANTIAL COMPLIANCE: HOUSING ACCOUNTABILITY ACT\nRECOMMENDATION:\n1. Ratify a letter of opposition to Senate Bill 1037 (Wiener), Planning\nand Zoning: Housing Element: Enforcement.\n2. Ratify a letter of opposition to Assembly Bill 1886 (Alvarez),\nHousing Element Law: Substantial Compliance: Housing\nAccountability Act.

9.q RATIFY LETTERS OF SUPPORT FOR COACHELLA VALLEY 307\nASSOCIATION OF GOVERNMENTS FUNDING REQUESTS UNDER THE\nEXTREME HEAT AND COMMUNITY RESILIENCE PROGRAM\nRECOMMENDATION:\nRatify a letter of support for the Coachella Valley Association of\nGovernments (CVAG) Cool Asphalt and Shading Plan and CV Link Mobile\nHydration Initiative funding requests to the Governor’s Office of Planning\nand Research.

9.r AUTHORIZE OUT-OF-STATE TRAVEL FOR CITY MANAGER TO ATTEND 313\nINTERNATIONAL COUNCIL OF SHOPPING CENTERS IN LAS VEGAS,\nNEVADA\nRECOMMENDATION:\nAuthorize out-of-state travel for the City Manager to attend the International\nCouncil of Shopping Centers on May 18 through May 20, 2024, in Las\nVegas, Nevada.\n7\nCity Council Meeting\nMay 23, 2024

9.s AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 3 315\nTO EXCEL LANDSCAPE, INC., CORONA, CALIFORNIA, IN THE ANNUAL\nAMOUNT OF $418,680 PLUS EXTRA WORK AND SERVICES FOR AN\nANNUAL AMOUNT NOT TO EXCEED $85,000 (PROJECT NO. MLS00010)\n(CC, HA)\nRECOMMENDATION:\n1. Award a Contract for Landscape Maintenance Area No. 3 (LMA 3)\nto Excel Landscape, Inc., of Corona, CA, in the annual amount of\n$418,680.\n2. Authorize extra work and services in an annual amount not to\nexceed $85,000.\n3. Authorize the Executive Director or designee to review and approve\nwritten contract amendment and change order requests for\nunanticipated conditions per Section 3.30.170 of the Palm Desert\nMunicipal Code.\n4. Authorize the Executive Director to execute the said agreement.

9.t APPROVE CONTRACT WITH AMERICAN ASPHALT SOUTH, INC., FOR 421\nTHE CV LINK ENHANCEMENTS AND SLURRY SEAL PROJECT\n(PROJECT CST00021)\nRECOMMENDATION:\n1. Approve Contract No. C47160 in the amount of $3,048,952.10 to\nAmerican Asphalt South, Inc., of Riverside, CA, for the CV Link\nEnhancements and Slurry Seal Project (Project No. CST00021).\n2. Authorize the Director of Finance to set aside a contingency in the\namount of $305,000.\n3. Authorize the City Attorney to make any necessary non-monetary\nchanges to the agreement.\n4. Authorize the City Manager to execute the agreement.\n5. Authorize the City Manager to review and approve written requests\nfor the use of contingency per Section 3.30.170B of the Palm\nDesert Municipal Code.\n6. Authorize the Mayor to execute the Notice of Completion (NOC)\nand the City Clerk to file the NOC upon satisfactory completion of\nthe project.