Palm Desert — 2024-07-11

10.a SHERIFF DEPARTMENT UPDATE

13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND 17\nHOUSING AUTHORITY MINUTES\nRECOMMENDATION:\nApprove the Minutes of June 27, 2024.

13.b APPROVAL OF WARRANT REGISTERS 41\nRECOMMENDATION:\nApprove the warrant registers issued for the period 6/15/2024 to 6/28/2024.

13.c ADOPTION OF ORDINANCE NO. 1415 AMENDING PALM DESERT 73\nMUNICIPAL CODE CHAPTER 2.36, PROCEDURES FOR THE\nCONDUCT OF MEETINGS\nRECOMMENDATION:\nAdopt Ordinance No. 1415 entitled, “AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING\nPALM DESERT MUNICIPAL CODE CHAPTER 2.36, PROCEDURES FOR\nTHE CONDUCT OF MEETINGS."\n3\nCity Council Meeting

13.d ACCEPT CONTRACT NO. C46540 FOR THE CONSTRUCTION OF THE 79\nBUMP & GRIND TRAILHEAD NEW PREFABRICATED RESTROOM\nPROJECT NO. MPK00006 AS COMPLETE AND AUTHORIZE THE CITY\nCLERK TO FILE THE NOTICE OF COMPLETION\nRECOMMENDATION:\n1. Accept Contract No. C46540 with Leonida Builders Inc for the\nBump & Grind Trailhead New Prefabricated Restroom Project as\ncomplete.\n2. Authorize the Mayor to execute and the City Clerk to file the Notice\nof Completion.

13.e ACCEPTANCE OF A RESIGNATION FROM THE RESOURCE 85\nPRESERVATION AND ENHANCEMENT COMMITTEE\nRECOMMENDATION:\nWith regret, accept the resignation of Gustavo Gomez from the Resource\nPreservation and Enhancement Committee.

13.f RESOLUTION TO DESIGNATE THE FINANCE DIRECTOR TO BE THE 87\nAUTHORIZED AGENT TO ESTABLISH AND AMEND PETTY CASH\nFUNDS AND GUIDELINES\nRECOMMENDATION:\n1. Adopt a Resolution entitled “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,\nDESIGNATING THE FINANCE DIRECTOR AS THE\nAUTHORIZED AGENT FOR ESTABLISHING, AMENDING, AND\nTERMINATING PETTY CASH FUNDS THROUGHOUT THE CITY\nDEPARTMENTS.”\n2. Authorize the City Manager, through the Finance Director, to\nestablish petty cash guidelines and amend them from time to time.

13.g ADOPT RESOLUTION OPTING INTO SETTLEMENT AGREEMENT WITH 91\nDISTRIBUTORS OF OPIOIDS, GROCERY CHAIN KROGER, AND\nFUTURE PROPOSED OPIOD SETTLEMENTS\nRECOMMENDATION:\n1. Adopt a Resolution entitled “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,\nAUTHORIZING THE CITY MANAGER TO ENTER INTO THE\nSETTLEMENT AGREEMENT WITH KROGER CO., AGREE TO\nTHE TERMS OF THE STATE SUBDIVISION AGREEMENT, AND\nAUTHORIZE THE CITY MANAGER TO EXECUTE FUTURE\nPROPOSED OPIOID SETTLEMENT AGREEMENTS.”\n2. Authorize the City Manager to execute the Participation\nAgreements with the settling defendants, Kroger, and to execute\nany future proposed Opioid Settlement agreements.\n3. Approve prioritizing street outreach and establishing pathways to\ntreatment for homeless individuals grappling with substance use\nissues for use of settlement funds.\n4\nCity Council Meeting

13.h APPOINT MAHASTI ISLAMI TO THE BOARD OF DIRECTORS OF THE 137\nEL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT\nRECOMMENDATION:\nAppoint Mahasti Islami to a two-year term beginning July 1, 2024, through\nJune 30, 2026, on the Board of Directors of the El Paseo Parking and\nBusiness Improvement District (EPPBID) Board of Directors, to fill the seat\nvacated by Sonia Campbell.

13.i APPROVE CHANGE ORDER NO. 4 FOR THE ONE QUAIL PLACE 139\nPARKING LOT REHABILITATION PROJECT NO. CHA00003 (812-20)\nRECOMMENDATION:\n1. Approve Change Order No.4 in an amount not to exceed $280,647\nto Contract No. HA45140 with Jacobsson Engineering\nConstruction, Inc.\n2. Authorize the Executive Director or designee to execute Change\nOrder No. 4 to the agreement and any documents necessary to\neffectuate the actions taken herewith.

13.j AWARD CONTRACT TO PBK ARCHITECTS, INC., FOR 159\nARCHITECTURAL DESIGN SERVICES OF FIRE STATION 33 AND 71\n(CFA00017 & CFA00019)\nRECOMMENDATION:\n1. Award Contract for the Architectural Design Services for Fire\nStation 33 and 71 in an amount not to exceed of $1,397,000.\n2. Authorize the Director of Finance to set aside a 10% contingency\nin the amount of $139,700 for unforeseen conditions.\n3. Authorize the City Manager or designee to review and approve\nwritten contract amendment requests up to the contingency\namount requested.\n4. Authorize the Mayor or designee to execute the agreement and\nany documents necessary to effectuate the actions taken herewith.\n5\nCity Council Meeting

13.k AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK 435\nAND FACILITIES REPAIRS AND IMPROVEMENT PROJECTS\nRECOMMENDATION:\n1. Award Contract No. C44620F to GWC Construction of Palm\nDesert, California, and award Contract No. C44620G to Kincaid\nIndustries, Inc. of Thousand Palms, California, and award Contract\nNo. C44620H to SoCal Electrical and Lighting, Inc. of Palm Desert,\nCalifornia, for Park and Facilities Repairs and Improvements, for a\nperiod of three (3) years in an aggregate amount in combination\nwith Contract Nos. C44620A-E not to exceed $4,500,000 per fiscal\nyear.\n2. Authorize the City Manager to review and approve up to two (2)\nadditional one-year terms per contract for an aggregated amount\nnot to exceed $4,500,000 per fiscal year.\n3. Authorize the City Manager or designee to review and approve\nchange orders for unforeseen circumstances.\n4. Authorize the City Attorney to make any necessary non-monetary\nchanges to the agreements.\n5. Authorize the City Manager to execute said agreements.

13.l AWARD CONTRACT NO. C47680 TO JACOBSSON ENGINEERING 599\nCONSTRUCTION, INC., FOR THE EL PASEO CURB RAMP\nMODIFICATION PROJECT (PROJECT CST00025)\nRECOMMENDATION:\n1. Award Contract No. C47680 in the amount of $1,070,234 to\nJacobsson Engineering Construction, Inc., of Palm Desert, CA, for\nthe El Paseo Curb Ramp Modification Project (Project No.\nCST00025).\n2. Authorize the Director of Finance to set aside a contingency in the\namount of $107,000.\n3. Authorize the City Attorney to make any non-monetary changes to\nthe agreement.\n4. Authorize the City Manager to review and approve written requests\nfor the use of contingency per Section 3.30.170B of the municipal\ncode.\n5. Authorize the City Manager to execute the agreement and any\ndocuments necessary to effectuate this action.\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.\n6\nCity Council Meeting

13.m A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 625\nDESERT, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE\nCOUNTY OF RIVERSIDE’S URBAN COUNTY PROGRAM AND\nAUTHORIZING SIGNATORY APPROVAL\nRECOMMENDATION:\nAdopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING\nPARTICIPATION IN THE COUNTY OF RIVERSIDE’S URBAN COUNTY\nPROGRAM FOR FISCAL YEARS 2025/26 AND 2026/27.”

13.n REJECT ALL PROPOSALS SUBMITTED FOR COURTESY PATROL 647\nSERVICES AT THE HOUSING AUTHORITY PROPERTIES\nRECOMMENDATION:\n1. Reject all proposals submitted for Courtesy Patrol Services at\nPalm Desert Housing Authority owned properties.\n2. Authorize staff’s request to solicit proposal for surveillance camera\nsystem installation and monitoring services.

13.o REJECT ALL BIDS, APPROPRIATE FUNDS, AUTHORIZE THE CITY 649\nMANAGER TO AWARD A CONTRACT FOR THE CIVIC CENTER\nPARKING LOT REHABILITATION PROJECT IN AN AMOUNT NOT TO\nEXCEED $600,000\nRECOMMENDATION:\n1. Reject all bids due to non-responsiveness.\n2. Authorize the Director of Finance to appropriate funds in the\namount of $600,000 from unallocated Capital Improvement Fund\nto Account No. 4004161-5000914.\n3. Authorize the City Manager to negotiate and execute an\nagreement for Civic Center Parking Lot Rehabilitation in the best\ninterest of the City in an amount not to exceed $600,000, including\ncontingency.\n4. Authorize the City Manager to review and execute written requests\nfor change orders, amendments, and any other documents\nnecessary to effectuate this action, per Section 3.30.170 B of the\nPalm Desert Municipal Code.\n5. Authorize the City Manager to execute the Notice of Completion\n(NOC) and the City Clerk to file the NOC upon satisfactory\ncompletion of the Project.

13.p AUTHORIZE AN AMENDMENT TO INCREASE THE CITY'S CONTRACT 679\nWITH FG CREATIVE FOR EL PASEO PARKING & BUSINESS\nIMPROVEMENT DISTRICT MARKETING SERVICES to $275,000 FOR\nFISCAL YEAR 2024-25\nRECOMMENDATION:\n1. Authorize Amendment No. 4 to El Paseo Parking and Business\nImprovement District (EPPBID) contract C43370 with FG Creative\nin the amount of $275,000 for Fiscal Year 2024-25.\n2. Authorize the City Manager to execute the Amendment.

13.q AWARD CONTRACT C47850 IN AN AMOUNT NOT TO EXCEED 723\n$964,728 TO HR GREEN, INC., FOR ENGINEERING SERVICES FOR\nTHE STORM DRAIN INFRASTRUCTURE ASSESSMENT (PROJECT NO.\nCDR00006)\nRECOMMENDATION:\n1. Award Contract to HR Green, Inc., of Palm Desert, CA in an\namount not to exceed $964,728, for preliminary assessment,\nmaintenance contractor oversight, and final assessment and\nreporting associated with year one of the program.\n2. Authorize Director of Finance to set aside a 15% contingency in\nthe amount of $144,709 for any unforeseen conditions.\n3. Authorize the City Attorney to make any necessary, non-monetary\nchanges to the agreement.\n4. Authorize the City Manager to review and approve written contract\namendment requests to use up to the contingency amount, per\nSection 3.30.170B of the municipal code.\n5. Authorize the Mayor to execute the Notice of Completion (NOC)\nand the City Clerk to file the NOC upon satisfactory completion of\nthe project.

13.r CONFIRMATION OF PLANNING COMMISSION RESOLUTION No. 2873, 793\nCONDITION OF APPROVAL NO. 20 REGARDING THE\nESTABLISHMENT OF A COMMUNITY FACILITIES DISTRICT AT\nSHADOW RIDGE\nRECOMMENDATION:\nConfirm Planning Commission (PC) Resolution No. 2873, Condition of\nApproval (COA) No. 20 regarding the establishment of a Community\nFacilities District (CFD) at Shadow Ridge.\n8\nCity Council Meeting

13.s APPROVE CONTRACT WITH FEHR & PEERS FOR THE PREPARATION 795\nOF A GENERAL PLAN AMENDMENT TO THE MOBILITY ELEMENT IN\nAN AMOUNT NOT TO EXCEED $139,076 AND APPROPRIATE FUNDS\nRECOMMENDATION:\n1. Approve contract to with Fehr & Peers of Walnut Creek, California,\nto prepare a General Plan Amendment to the Mobility Element in\nan amount not to exceed $139,076.\n2. Appropriate $139,076 from unassigned General Fund Reserves to\nAccount No. 1104470-4305000.\n3. Authorize the City Attorney to make any necessary non-monetary\nchanges to the contract.\n4. Authorize the City Manager to execute said contract.

13.t APPOINTMENT OF THE CITY COUNCIL LIAISON AND ALTERNATE 847\nLIAISON TO THE LIBRARY ADVISORY COMMITTEE\nRECOMMENDATION:\nAppoint Councilmember Trubee as the City Council Liaison and Mayor Pro\nTem Harnik as the Alternate Liaison to the Library Advisory Committee.

13.u APPROVE CHANGE ORDER NO. 2 TO CONTRACT NO. C44600 WITH 849\nGARLAND/DBS, INC., FOR ROOF REPAIRS AND RELATED SERVICES\nON CITY-OWNED BUILDINGS TO INCREASE THE FY 2024-25 ANNUAL\nAMOUNT TO $3,500,000 (PROJECT NO. MFA00001)\nRECOMMENDATION:\n1. Approve Change Order No. 2 to Contract No. C44600 with\nGarland/DBS, Inc. for roof repairs and related services on City-\nowned buildings to increase the annual amount to 3,500,000\nduring Fiscal Year 2024-25.\n2. Authorize the City Manager to review and execute amendments\nand any change orders per Section 3.30.170 of Ordinance No.\n1335.\n3. Authorize the City Manager to execute Change Order No. 2 to the\nagreement.\n9\nCity Council Meeting

13.v RATIFY AMENDMENT NO. 3 AND AMENDMENT NO. 4 TO CONTRACT 893\nC37870A WITH KOA CORPORATION FOR PROFESSIONAL\nENGINEERING SERVICES IN A TOTAL AMOUNT OF $127,640 FOR\nHAYSTACK TRAFFIC CALMING PHASE 2 AND PD LINK PHASE 2\n(PROJECT CST00006 & PROJECT CST00005)\nRECOMMENDATION:\n1. Ratify Amendment No. 3 to contract C37870A with KOA\nCorporation in the amount of $103,685.00.\n2. Ratify Amendment No. 4 to contract C37870A with KOA\nCorporation in the amount of $23,955.00.\n3. Authorize City Manager to review and approve written requests for\nuse of contingency per Section 3.30.170B of the Palm Desert\nMunicipal Code.\n4. Authorize City Manager to execute amendments and any\ndocuments necessary to effectuate the actions taken herewith.

14.a APPROVE SAN PABLO PHASE II ROUNDABOUT ARTWORK ON SAN 917\nPABLO AVE AND EAST ENTRANCE TO COLLEGE OF THE DESERT\nRECOMMENDATION:\n1. Approve Agreement, in substantial form, for design, engineering,\nfabrication, and delivery of the sculpture titled Dueling Palms as\nproposed by artist Kyle Absolom in an amount not to exceed\n$169,500.\n2. Authorize the City Manager to execute the contract for Dueling\nPalms, subject to review by the City attorney, and all other\ndocuments related to the installation of artwork.\n10\nCity Council Meeting

14.b APPROVE AN AMENDMENT TO CONTRACT NO. C41770 TO EXTEND 973\nTHE TERM AND INCREASE THE CONTRACT AMOUNT WITH THE\nCOUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES\nRECOMMENDATION:\n1. Increase the annual contact amount for Fiscal Year 2023-24 to\n$380,000 to cover the budgeted costs of animal field and shelter\nservices.\n2. Approve Amendment No. 1 to Contract No. C41770 with the\nCounty of Riverside Department of Animal Services to extend the\ncontract for one year with an annual amount of $380,000.\n3. Authorize the Director of Finance to set aside a contingency for an\nadditional $20,000, subject to City Manager approval for additional\nfluctuations in services.\n4. Authorize the City Attorney to make necessary non-monetary\nchanges to the agreement.\n5. Authorize the City Manager to execute said contract.

14.c RESOLUTION OPPOSING THE DESERT HEALTHCARE DISTRICT’S 997\nPROPOSED NEW HOSPITAL LEASE AGREEMENT “NON-COMPETE”\nPROVISION, WHICH RESTRICTS TAXPAYER FUNDS AND ELECTED\nBOARD’S OVER THE NEXT 30 YEARS\nRECOMMENDATION:\n1. Consider adoption of a resolution entitled “A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF PALM DESERT,\nCALIFORNIA, OPPOSING THE DESERT HEALTHCARE\nDISTRICT’S PROPOSED HOSPITAL LEASE AGREEMENT\n“NON-COMPETE” PROVISION AND DIRECTING THE MAYOR\nTO SEND A LETTER TO THE DESERT HEALTHCARE\nDISTRICT BOARD EXPRESSING THIS OPPOSITION.” OR\n2. Provide alternative direction to staff.

14.d CONSIDERATION FOR APPROVAL OF A PORTION OF PUBLIC RIGHT- 1009\nOF-WAY (EXPLORER DRIVE) IS “EXEMPT SURPLUS LAND”\nPURSUANT TO GOVERNMENT CODE SECTION 54221\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF\nCITY OF PALM DESERT, CALIFORNIA, DECLARING PURSUANT TO\nGOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY\nOWNED BY THE CITY LOCATED AT THE TERMINUS OF EXPLORER\nDRIVE IS EXEMPT SURPLUS LAND, AND FINDING THAT SUCH\nDECLARATION IS NOT A PROJECT SUBJECT TO ENVIRONMENTAL\nREVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”\n11\nCity Council Meeting

14.e ADOPT RESOLUTION APPROVING FINAL TRACT MAP NO. 38434-1 1015\nAND AGREEMENTS\nRECOMMENDATION:\n1. Adopt a resolution entitled, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,\nAPPROVING THE FINAL SUBDIVISION MAP OF FINAL TRACT\nMAP NO. 38434-1.”\n2. Authorize the Mayor to execute agreement for the construction\nand maintenance of a portion of public right of way\n3. Authorize the City Attorney to make necessary, non-monetary\nchanges to the agreements and City Manager to execute any\nchanges to said Agreements.* Note: This item may be pulled from\nthe agenda if the final attachments are not provided by\nWednesday, July 10, 2024.

4.a Closed Session Meeting Minutes: April 25 and June 27, 2024

4.b.2 Spanish Walk Community Association (Claim No. 920)

4.c.1 Claimant:\nDuran, Lydia Irene\nAfsarzadeh, Maryam/Afsarzadeh, Patty\nAlvarez, Jose Jennifer A./Alvarez, Michelle S.\nBroyles, Jacob\nDickson, David/Dickson, Janet\nEscoto, Joseph Balingit/Escoto, Estrella Migia\nHayes, Robbin (Trustee)/Hayes, Ivan (Trustee)\nLapidus, Gregory Drake\nLester, Linda\nMarkus, Kyounghee\nMullinix, Alexis\nOrr, Mark\nPolo, Lalaine B.\nSteinberg, Marla (Trustee)\nScott, Caronlie\nThompson, Anna Marie/Thompson, Jeffrey C.\nTodd, Matthew/Todd, Mallory\nHamilton, Keith J. (Trustee)/Hamilton, Debra S. (Trustee)\nReyes, Pedro Daniel\nAgency claimed against: City of Palm Desert\n2\nCity Council Meeting

9.a PROCLAMATION: OUTDOOR WORKER APPRECIATION DAY 15