Palm Desert — 2024-09-12

13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND 11\nHOUSING AUTHORITY MINUTES\nRECOMMENDATION:\nApprove the Minutes of July 18, 2024, and August 22, 2024.

13.b APPROVAL OF WARRANT REGISTERS 33\nRECOMMENDATION:\nApprove the warrant registers issued for the period 8/15/2024 to 8/26/2024.

13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE 63\nLICENSES\nRECOMMENDATION:\nReceive and file applications for Alcoholic Beverage Licenses for:\n1. Palm Desert Local Mart, Inc., - 45200 Avenue 321, Palm Desert\n2. Petrie and Friends, LLC (Black Cat Pizza) - 72795 HWY 111 Suite\nG2, Palm Desert\n3. La Quinta Brewing Company, LLC (La Quinta Brewing Co) -\n747147 Technology Drive, Palm Desert\n4. The Cheese Shop on El Paseo - 73280 El Paseo Suite 1, Palm\nDesert\n5. Shake Shack California, LLC (Shake Shack #1529) - 73199 El\nPaseo Suite A, Palm Desert\n6. APalmDesert, LLC (Dennys 9377) - 42455 Washington Street,\nPalm Desert\n3\nCity Council Meeting Agenda\nSeptember 12, 2024

13.d 2024 CONFLICT OF INTEREST CODE BIENNIAL NOTICE PURSUANT 87\nTO THE POLITICAL REFORM ACT\nRECOMMENDATION:\n1. Receive and file the 2024 Local Agency Biennial Notice.\n2. Direct staff to promulgate the necessary amendments and return\nto the City Council in December 2024 for adoption pursuant to the\nPolitical Reform Act.

13.e APPROVE AN EXCLUSIVE NEGOTIATION AGREEMENT WITH KAM 91\nSANG COMPANIES, INC., FOR SUCCESSOR AGENCY TO THE\nREDEVELOPMENT AGENCY PROPERTIES LOCATED AT DESERT\nWILLOW GOLF RESORT\nRECOMMENDATION:\n1. Approve an Exclusive Negotiation Agreement (ENA) with Kam\nSang Company, Inc., for acquisition of Lots C and D at Desert\nWillow Golf Resort.\n2. Authorize the City Attorney to make any necessary nonmonetary\nchanges to the ENA.\n3. Authorize the City Manager to execute the ENA and any other\ndocuments necessary to effectuate this action.

13.f APPROVE CHANGE ORDER NO. 3 FOR CONTRACT NO. C44200B TO 119\nAMERICAN LANDSCAPE, INC., OF CANOGA PARK, CALIFORNIA, FOR\nTHE GREENS/TEE BOX RENOVATION AND TURF REDUCTION AT\nDESERT WILLOW GOLF RESORT (PROJECT NO. MLS00005)\nRECOMMENDATION:\n1. Approve Change Order No. 3 to Contract No. C44200B with\nAmerican Landscape, Inc., of Canoga Park, California, for the\nFirecliff Golf Course Greens/Tee Box Renovations and Turf\nReduction at Desert Willow Golf Resort (DWGR) in the amount of\n$395,901, plus a $40,000 contingency.\n2. Appropriate $443,570 from the unobligated Desert Willow Capital\nFund Balance to Account No. 4414195-4809200, DWGR Capital.\n3. Authorize the City Attorney to make any necessary non-monetary\nchanges to the change order.\n4. Authorize the City Manager to execute the change order and to\napprove additional written contract change orders requests up to\nthe contingency amount per Section 3.30.170 of the Palm Desert\nMunicipal Code.\n5. Authorize the City Manager to execute the Notice of Completion\n(NOC) and authorize the City Clerk to file the NOC upon\nsatisfactory completion of the project.\n4\nCity Council Meeting Agenda\nSeptember 12, 2024

13.g APPROVE CHANGE ORDER NO. 1 TO CONTRACT NO. C44470 WITH 149\nTHE CHRISTMAS KINGS, INC., DBA SOUTHERN CALIFORNIA\nLIGHTING, INC., FOR ADDITIONAL SEASONAL LIGHTING (PROJECT\nNO. MLS00033)\nRECOMMENDATION:\n1. Approve Change Order No. 1 to Contract No. C44470 with The\nChristmas Kings, Inc., dba Southern California Lighting, Inc., of\nLake Elsinore, California, in the cumulative amount of $122,000,\nplus an annual contingency amount of $50,000 for additional\nareas.\n2. Authorize extra work in the annual amount of $25,000 for\nunforeseen conditions and repairs.\n3. Authorize the City Manager to execute the agreement, change\norders, amendments, and any other documents necessary to\neffectuate these actions.

13.h APPROVE THE PURCHASE OF ONE 580 SN BACKHOE FROM 195\nSONSRAY MACHINERY\nRECOMMENDATION:\n1. Approve the purchase of a 580 SN BACKHOE from Sonsray\nMachinery in the amount of $154,264.73, plus $5,000 in\ncontingency for unforeseen costs.\n2. Authorize the City Manager to execute all documents necessary to\neffectuate this action.

13.i AUTHORIZE THE PURCHASE OF BENCH AND WASTE BIN 201\nREPLACEMENTS FOR EL PASEO FROM OUTDOOR CREATIONS, INC.\nRECOMMENDATION:\n1. Authorize the purchase of bench and waste bin replacements for\nEl Paseo from Outdoor Creations, Inc., in the amount of\n$212,095.10.\n2. Authorize appropriation in the total amount of $212,095.10 from\nReallocated Capital Improvement Bond Proceed Funds to Account\nNumber 4514679-5000102.\n3. Authorize the City Attorney to make necessary nonmonetary\nchanges to the agreement.\n4. Authorize the City Manager to execute the agreement and any\nother documents necessary to effectuate this action.\n5\nCity Council Meeting Agenda\nSeptember 12, 2024

13.j AWARD CONTRACT NO. C47810 TO SUPERB ENGINEERING, INC., 225\nFOR THE DESERT WILLOW PERIMETER LANDSCAPE AND LIGHTING\nREHABILITATION PHASE 3 (PROJECT NO. CLS00001)\nRECOMMENDATION:\n1. Award Contract No. C47810 to Superb Engineering, Inc., of\nBanning, California, in the amount of $1,031,528.03, plus a\n$200,000 contingency, for the Desert Willow Perimeter Landscape\nand Lighting Rehabilitation Phase 3.\n2. Authorize the City Attorney to make necessary nonmonetary\nchanges to the contract.\n3. Authorize the City Manager to execute the contract and any written\nrequests for change orders, amendments, and any other\ndocuments necessary to effectuate this action, in accordance with\nSection 3.30.170 of the Palm Desert Municipal Code.\n4. 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.k AMENDMENT NO. 4 TO CONTRACT NO. C28880 WITH BEST BEST & 279\nKRIEGER LLP FOR CITY ATTORNEY SERVICES, EXTENDING THE\nTERM TO AUGUST 31, 2025\nRECOMMENDATION:\n1. Approve Amendment No. 4 to Contract No. C28880 with Best Best\n& Krieger LLP for City Attorney Services, extending the term to\nAugust 31, 2025.\n2. Authorize the City Attorney to make necessary nonmonetary\nchanges to the Agreement.\n3. Authorize the Mayor to execute the Agreement.

13.l CONSIDERATION TO APPROVE CONSTRUCTION OF A NEW BREEZE 297\nBLOCK GARDEN WALL EXHIBIT AT 72861 EL PASEO\nRECOMMENDATION:\nApprove construction of a new breeze block garden wall exhibit at a city-\nowned property at 72861 El Paseo.

13.m RATIFY A LETTER OF SUPPORT TO THE U.S. DEPARTMENT OF 339\nTRANSPORTATION FOR THE COACHELLA VALLEY ASSOCIATION OF\nGOVERNMENTS’ ACCESS INDIAN CANYON DRIVE PROJECT\nRECOMMENDATION:\nRatify a letter of support to the U.S. Department of Transportation for the\nCoachella Valley Association of Governments’ ACCESS Indian Canyon\nDrive Project.\n6\nCity Council Meeting Agenda\nSeptember 12, 2024

13.n RECEIVE AND FILE INFORMATIONAL REPORT ON ROAD CLOSURES 343\nSCHEDULED TO OCCUR ON EL PASEO ASSOCIATED WITH FISCAL\nYEAR 2024-25 ROUTINE SPECIAL EVENTS\nRECOMMENDATION:\nReceive and file informational report on road closures scheduled to occur\non El Paseo associated with Fiscal Year 2024-25 routine special events:\n1. Desert Cancer Foundation’s Paint El Paseo Pink – October 19,\n2024\n2. Palm Desert Area Chamber of Commerce’s Golf Cart Parade –\nOctober 27, 2024\n3. Martha’s Village and Kitchen’s Thanksgiving 5K – November 28,\n2024\n4. Palm Desert Charter Middle School Foundation’s Panther 5K –\nJanuary 26, 2025

13.o RECOGNITION OF SERVICE AND AUTOMATIC REMOVAL OF SUSAN 345\nSTAUBER FROM THE EL PASEO PARKING & BUSINESS\nIMPROVEMENT DISTRICT BOARD OF DIRECTORS\nRECOMMENDATION:\n1. Thank Susan Stauber for her many years of service on the El\nPaseo Parking & Business Improvement District (EPPBID) Board\nof Directors.\n2. Acknowledge the automatic removal of Susan Stauber from the\nEPPBID Board of Directors in accordance with Palm Desert\nMunicipal Code Section 3.40.070(F).

13.p RESOLUTION OF SUPPORT FOR PROPOSITION 36, MODIFYING 353\nEXISTING LAWS RELATED TO PUNISHMENT OF THEFT AND DRUG\nCRIMES\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING\nPROPOSITION 36, WHICH MODIFIES EXISTING LAWS RELATED TO\nPUNISHMENT FOR THEFT AND DRUG CRIMES BY CREATING\nINCENTIVES FOR ADDICTION TREATMENT, TREATING FENTANYL\nLIKE OTHER DANGEROUS DRUGS, AND DISCOURAGING RETAIL\nTHEFT.”\n7\nCity Council Meeting Agenda\nSeptember 12, 2024

13.q AWARD CONTRACT TO UNITED STORM WATER INC., FOR THE ON- 361\nCALL CATCH BASIN AND DRAIN CLEANING PROGRAM (PROJECT\nNO. MDR00004)\nRECOMMENDATION:\n1. Award a contract to United Storm Water, Inc., for the On-Call\nCatch Basin and Drain Cleaning Program in an amount not to\nexceed $309,317 for the first year and $175,321 annually\nthereafter for a three-year term, with two one-year extensions.\n2. Authorize the City Attorney to make any necessary non-monetary\nchanges to the agreement.\n3. Authorize the City Manager to execute the agreement, any\ndocuments necessary to effectuate the actions taken herewith,\nand approve written contract amendment and change order\nrequests for unanticipated conditions per Section 3.30.170 of the\nPalm Desert Municipal Code.

13.r AMEND ELECTRONIC PAYMENT POLICY ALLOWING CONVENIENCE 409\nFEES TO BE PAID BY CUSTOMER\nRECOMMENDATION:\nAmend the Electronic Payment Policy (Policy FIN-001) allowing\nconvenience fees to be paid by customer.

14.a DIRECTION ON A RESOLUTION BEING CONSIDERED AT THE 411\nLEAGUE OF CALIFORNIA CITIES’ GENERAL ASSEMBLY MEETING\nRECOMMENDATION:\nProvide direction on whether to support or oppose the resolution proposed\nfor the upcoming League of California Cities’ General Assembly Meeting.

14.b APPOINTMENTS TO AN AD HOC CITY COUNCIL SUBCOMMITTEE ON 437\nTHE UNIFIED DEVELOPMENT CODE\nRECOMMENDATION:\nAppoint two members of the City Council to an Ad Hoc Subcommittee on\nthe Unified Development Code.\n8\nCity Council Meeting Agenda\nSeptember 12, 2024

14.c CONSIDERATION OF A SPONSORSHIP REQUEST FOR THE TOUR DE 439\nPALM SPRINGS IN COACHELLA VALLEY\nRECOMMENDATION:\n1. Approve a community event sponsorship in the amount of $30,000\npayable to CVSPIN, Inc., for the 2025 Tour de Palm Springs in\nCoachella Valley charity bicycle ride and walk.\n2. Approve waiver of permit fees associated with event in an amount\nnot to exceed $800.\n3. Appropriate $30,000 from the Unobligated General Fund Reserve\nfor this purpose to Account No. 1104800-4306201.

4.a Closed Session Meeting Minutes: August 22, 2024

4.b.2 Property Description: 72-567 Highway 111\nAgency: City of Palm Desert\nCity Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja\nNegotiating Parties: Artists Council\nUnder Negotiation: Price and Terms\nPrice and Terms