Agenda

CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
CITY OF PALM SPRINGS, CALIFORNIA

www.palmspringsca.gov

REGULAR MEETING AGENDA
3:30 PM CLOSED SESSION
5:30 PM REGULAR SESSION

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person public access to the meeting location.

Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.
You may submit your public comment to the City Council electronically. Material may be emailed to cityclerk@palmspringsca.gov. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record as soon as practicable.
You may provide telephonic comments by calling the City Clerk's Office at (760) 323-8204. You may be added to the queue at any time prior to the end of the public comment period for the subject hearing. At the appropriate time, a staff member will call you so that you may provide your public testimony to the City Council.
View the City Council meeting live at the City’s website www.palmspringsca.gov/pstv, YouTube, or Channel 17 (Spectrum).

APRIL 21, 2022

3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING

Lisa Middleton, Mayor
Grace Elena Garner, Mayor Pro Tem
Christy Gilbert Holstege, Councilmember
Geoff Kors, Councilmember
Dennis Woods, Councilmember

City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ Click to View

3:30 P.M. CLOSED SESSION

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CALL TO ORDER (Council Chamber):

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist, please see the City Clerk for additional information.

RECESS TO CLOSED SESSION: See Closed Session Agenda.

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

CONSENT CALENDAR:
The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.

FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by video conference, in accordance with AB 361.

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APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 02-19-22 AND 03-05-22 TOTALING $3,735,126.76 AND ACCOUNTS PAYABLE WARRANTS DATED 02-17-22 AND 03-03-22 TOTALING $6,720,792.67, IN THE AGGREGATE AMOUNT OF $10,455,919.43, DRAWN ON BANK OF AMERICA." Click to View

STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MARCH 1 THROUGH MARCH 31, 2022
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of March 1 through March 31, 2022. Click to View

REJECT ALL BIDS RECEIVED FOR THE DESERT HIGHLAND BALLFIELD PROJECT AND AUTHORIZE STAFF TO RE-BID DESERT HIGHLAND BALLFIELD PROJECT, CITY PROJECT 21-22
RECOMMENDATION:

Reject the bids received on March 2, 2022, for the Desert Highland Ballfield Project, City Project 21-22.
Authorize staff to re-bid the Desert Highland Ballfield Project, City Project 21-22.

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APPROVAL OF A PURCHASE ORDER TO STANTEC CONSULTING SERVICES, INC. FOR CONSTRUCTION MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $295,810 FOR THE BOGERT TRAIL SEWAGE LIFT STATION, CITY PROJECT NO. 18-18
RECOMMENDATION:

Authorize a Purchase Order in an amount not to exceed $295,810 with Stantec pursuant to the City’s “on-call” agreement (A8564), for construction management services for the Bogert Trail Sewage Lift Station, City Project No. 18-18.
Authorize the City Manager to execute all necessary documents.

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REQUEST BY STEPHEN NASH AND CYNTHIA NASH, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 295 EAST TWIN PALMS DRIVE, A CONTRIBUTING STRUCTURE IN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT (APN #511-070-040), (HSPB #73 / HD-2)
RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Stephen Nash, Cynthia Nash, and the Royal Hawaiian Estates Homeowners Association.
Authorize the City Manager to execute the Agreement.
Direct the City Clerk to record the Agreement with the County of Riverside.

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AWARD A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $511,706 FOR FOR THE TRAFFIC SIGNAL INSTALLATION, SAN RAFAEL DRIVE, AND AVENIDA CABALLEROS, CITY PROJECT NO. 20-33
RECOMMENDATION:

Award a construction contract to Elecnor Belco Electric, Inc. (Belco), a California corporation, in the amount of $511,706 for the Traffic Signal Installation, San Rafael Drive and Avenida Caballeros, City Project No. 20-33.
Authorize the City Manager or his designee to execute all necessary documents.

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AWARD A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $638,881 FOR THE DESERT HIGHLAND TRAFFIC SIGNAL, INDIAN CANYON DRIVE AND ROSA PARKS ROAD, CITY PROJECT NO. 20-19
RECOMMENDATION:

Award a construction contract to Elecnor Belco Electric, Inc. (Belco), a California corporation, in the amount of $638,881 for the Desert Highland Traffic Signal, Indian Canyon Drive and Rosa Parks Road, City Project No. 20-19.
Authorize the City Manager or his designee to execute all necessary documents.

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APPROVAL OF BOARD AND COMMISSION MEETING MINUTES
RECOMMENDATION:

Receive and file Board and Commission meeting minutes for the months of January and February 2022. Click to View

APPROVAL OF AMENDMENT NO. 8 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-22
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 8 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-2022, ADOPTED BY RESOLUTION NO. 24912.”
Authorize the City Manager to execute all necessary documents.

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ADOPTION OF ELECTRONIC SYSTEMS AND RECORDS POLICIES
RECOMMENDATION:

By motion, approve and adopt the proposed Electronic Systems Use Policy, California Public Records Act Policy, San Jose Compliance Policy, Electronic Records Retention Policy, and Social Media Use Policy. Click to View

APPROVE AMENDMENT NO. 1 TO AGREEMENT WITH VOHNE LICHE KENNELS, INC. FOR POLICE CANINE ACQUISITION, TRAINING, AND CERTIFICATION
RECOMMENDATION:

Approve Amendment No. 1 to the contract services agreement with Vohne Liche Kennels, Inc., for police canine acquisition, training, and certification.
Authorize the City Manager to execute all necessary documents.

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WAIVER OF FEES RELATED TO THE PALM SPRINGS CULTURAL CENTER USE OF THE DOWNTOWN PARK FOR AN OUTDOOR SUMMER MOVIE SERIES
RECOMMENDATION:

Authorize the City Manager to waive associated fees in the amount of $4,186 for the Palm Springs Cultural Center’s use of the City’s Downtown Park for the outdoor summer movie series. Click to View

APPROVE MEMORANDUM OF UNDERSTANDING ACCEPTING GRANT FUNDS IN THE AMOUNT OF $486,222 FROM THE STATE OF CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO GRANT PROGRAM
RECOMMENDATION:

Accept grant funding in the amount of $486,222 from the California Department of Justice Tobacco Grant Program. Appropriate the grant funding into the FY 2021-22, FY 2022-23, FY 2023-24, and FY 2024-25 budgets.
Authorize the City Manager or a designated representative to execute the grant documents, Memorandum of Understanding, and to submit all documents, including, without limitation, contracts, amendments, extensions, and payment requests as appropriate to accept the funds under and comply with the conditions of the grant.
Grant funds received hereafter shall not be used to supplant ongoing law enforcement expenditures.

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EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

PUBLIC HEARINGS:

AN APPEAL BY LWSC LLC (BUILDING OWNER), c/o PSPC ENTERPRISES LLC, (dba FUEGO NIGHTCLUB) OF THE DECISION BY THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504-SQUARE FOOT BUILDING WITH ACCOMPANYING OFF-STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP)
RECOMMENDATION:

Open the appeal hearing and receive testimony.
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY PSPC ENTERPRISES LLC (dba FUEGO NIGHTCLUB) AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504-SQUARE FOOT BUILDING WITH ACCOMPANYING OFF-STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP).”
Alternatively, adopt a Resolution entitled,"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE APPEAL BY PSPC ENTERPRISES LLC (dba FUEGO NIGHTCLUB) OF THE PLANNING COMMISSION’S DENIAL DECISION AND APPROVING A CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504-SQUARE FOOT BUILDING WITH ACCOMPANYING OFF-STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP).”

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COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2022–2023 ANNUAL ACTION PLAN (AAP) AND BUDGET ADOPTION HEARING AND AUTHORIZATION FOR SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT FOR THE FISCAL YEAR 2022–2023 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 48TH PROGRAM YEAR AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS
RECOMMENDATION:

Open the Public Hearing for public testimony.
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN; APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2022-2023 IN THE AMOUNT OF $430,000; AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD); AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROVAL/AGREEMENT WITH HUD – GRANT # B-22-MC-06-0561 IN THE ESTIMATED AMOUNT OF $430,000 AND TO EXECUTE THE SUBRECIPIENT AGREEMENTS.”

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ADOPTION OF ORDINANCE AUTHORIZING A MILITARY EQUIPMENT USE POLICY, AS REQUIRED BY ASSEMBLY BILL 481
RECOMMENDATION:

Open the public hearing and receive public testimony.
Introduce by title only and waive further reading of an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING PALM SPRINGS POLICE DEPARTMENT POLICY NO. 709, IN ACCORDANCE WITH ASSEMBLY BILL 481.”

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BUSINESS & LEGISLATIVE:

DISCUSSION OF POTENTIAL REPARATIONS PROGRAMS
RECOMMENDATION:

Discuss potential reparations programs and direct Staff as appropriate.
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REVIEW AND DISCUSSION OF CITY BOARDS AND COMMISSIONS
RECOMMENDATION:

Direct Staff as appropriate Click to View

DISCUSSION AND DIRECTION ON ASSEMBLY BILL AB 2336 – SPEED SAFETY CAMERAS PILOT PROGRAM
RECOMMENDATION:

The City Council determines a course of action with regard to participation in the State Speed Safety Camera pilot program and authorize the issuance of a letter of support to the author(s) of Assembly Bill 2336.
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PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.

ADJOURNMENT:

AFFIDAVIT OF POSTING

State of California )
County of Riverside ) ss.
City of Palm Springs )

I, Brent Rasi, Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on April 15, 2022, and posted on the City’s website as required by established policies and procedures.

____________________________
Brent Rasi,
Deputy City Clerk

P U B L I C N O T I C E S

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.