Agenda

CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov

REGULAR MEETING AGENDA

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

DECEMBER 5, 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.

Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting. At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m. Adjournment time.

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:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. 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:

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES

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 videoconference, in accordance with AB 361. Click to View

APPROVAL OF MINUTES

RECOMMENDATION:
Approve the City Council Meeting Minutes of November 10, 2022. Click to View

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 10-15-22 AND 10-29-22 TOTALING $3,989,372.06 AND ACCOUNTS PAYABLE WARRANTS DATED 10-13-22 AND 10-27-22 TOTALING $7,982,674.16, IN THE AGGREGATE AMOUNT OF $11,972,046.22, DRAWN ON BANK OF AMERICA.” Click to View

APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9145 WITH MOHAWK COMMERCIAL, INC., FOR SYSTEM-WIDE FLOORING AND INSTALLATION SERVICES

RECOMMENDATION:

Approve Amendment No. 1 to Agreement A9145 with Mohawk Commercial, Inc., to provide system-wide flooring and installation services in an additional amount of $225,000 for a total revised contract amount not to exceed $300,000 and extend the term through June 14, 2025.
Authorize the Interim City Manager or designee to execute all necessary documents.

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APPROVE SERVICE AGREEMENT NO. A9294 WITH HINGEWERKS COMMERCIAL DOORS, INC. FOR ON-CALL AUTOMATIC AND REVOLVING DOOR MAINTENANCE SERVICES

RECOMMENDATION:

Approve Contract Services Agreement A9294 with Hingewerks Commercial Doors, Inc. to provide on-call automatic and revolving door maintenance services in an amount not to exceed $150,000 for the initial three-year term beginning December 5, 2022, through December 4, 2025, with two one-year extension options at the City’s sole discretion.
Authorize the Interim City Manager or designee to execute all necessary documents.

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APPROVAL OF AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT NO. A6938 WITH RICONDO & ASSOCIATES, INC. IN THE AMOUNT OF $178,716

RECOMMENDATION:

Approve Amendment No. 3 to Agreement A6938 with Ricondo & Associates, Inc. in the amount of $178,716 for professional services related to Palm Springs International Airport.
Authorize the Interim City Manager or designee to execute all necessary documents.

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A REQUEST BY VIA ONERA SOLEDAD, LLC FOR APPROVAL OF AN AFTER-THE-FACT ART MURAL TITLED “SOFIA’S TRANSFORMATION” LOCATED ON THE EAST ELEVATION OF THE PERIMETER WALL AT A HOTEL, SPIRIT OF SOFIA, LOCATED AT 1491 SOUTH VIA SOLEDAD (CASE 22-001 MUR)

RECOMMENDATION:
Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AFTER-THE-FACT ART MURAL TITLED “SOFIA’S TRANSFORMATION” INSTALLED ON THE EAST ELEVATION OF THE PERIMETER WALL AT A HOTEL, SPIRIT OF SOFIA, LOCATED AT 1491 SOUTH VIA SOLEDAD (CASE 22-001 MUR). Click to View

CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2021-22

RECOMMENDATION:
Receive and File the City’s Development Project Fee Report for Fiscal Year 2021-22. Click to View

A REQUEST BY MICHELLE RODRIGUEZ AND TIZIANO VANNONI, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1722 SOUTH PALM CANYON DRIVE, A CONTRIBUTING STRUCTURE IN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT (APN #511-070-002), (HSPB #73 / HD-2)

RECOMMENDATION:

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

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APPROVAL OF AGREEMENT NO. A9291 WITH PARK CONSULTING GROUP FOR CONTINUED IMPLEMENTATION AND SUPPORT SERVICES RELATED TO TYLER ENERGOV IN AN AMOUNT NOT TO EXCEED $273,900

RECOMMENDATION:

In accordance with Section 7.05.030 of the Palm Springs Municipal Code, “Special Expertise Procurement”, approve Agreement No. A9291 with Park Consulting Group to provide implementation, support services and project management to complete the Tyler EnerGov Land Management System implementation for an initial amount of $249,000 with an allowance of up to 10% additional cost (not to exceed $273,900).
Authorize the Interim City Manager to execute all necessary documents.

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INTRODUCTION OF AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.60.020 AND 2.60.040 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING DUTIES OF OFFICIALS WHO SERVE AS VOTING MEMBERS OF CERTAIN NON-PROFIT BOARDS, A CURRENTLY RETAINED ATTORNEY OR ACCOUNTANT FOR SUCH BOARDS, OR TRUSTEES OF CHARITABLE TRUSTS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE”

RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only.
Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.60.020 AND 2.60.040 OF THE PALM SPRINGS MUNICIPAL CODE REGARDING DUTIES OF OFFICIALS WHO SERVE AS VOTING MEMBERS OF CERTAIN NON-PROFIT BOARDS, A CURRENTLY RETAINED ATTORNEY OR ACCOUNTANT FOR SUCH BOARDS, OR TRUSTEES OF CHARITABLE TRUSTS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE.”

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APPROVE UTILITY AGREEMENT AMENDMENT NO. 1 WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR UTILITY RELOCATION WORK RELATED TO INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BHLS-5282(017)

RECOMMENDATION:

Approve Utility Agreement Amendment No. 1 with Southern California Edison Company, a California corporation, in the amount of $489,054.81 for Utility Relocation work related to the Indian Canyon Drive Widening & Bridge Replacement, City Project No. 01-11, Federal Aid Project No. BRLO 5282(017).
Authorize the Interim City Manager or designee to execute the Utility Agreement Amendment and all associated documents.

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TRIBAL SALES TAX AGREEMENT BETWEEN CITY OF PALM SPRINGS AND AGUA CALIENTE BAND OF CAHUILLA INDIANS REGARDING TRIBAL FOOD AND BEVERAGE SALES TAX

RECOMMENDATION:

Approve the Tribal Sales Tax Agreement.
Authorize the Interim City Manager (or designee) to execute the Tribal Sales Tax Agreement and any other documents necessary to carry out the Agreement.

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APPROVE CONTRACT SERVICES AGREEMENT NO. A9329 WITH SCI CONSULTING GROUP FOR DISTRICT ADMINISTRATION, TAX ROLL BILLING AND RELATED SERVICES

RECOMMENDATION:

Approve Contract Service Agreement No. A9329 with SCI Consulting Group to provide district administration, tax roll billing and related services for a five-year term in an amount not to exceed $160,805 beginning January 1, 2023, through December 31, 2027.
Authorize the Interim City Manager or designee to execute all necessary documents.

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AUTHORIZE THE PURCHASE OF OFFICE SUPPLIES FROM ODP BUSINESS SOLUTIONS

RECOMMENDATION:

In accordance with Section 7.09.010 “Cooperative Purchasing Programs,” of the Palm Springs Municipal Code, authorize the purchase of office supplies from ODP Business Solutions, pursuant to the Omnia Cooperative Contract R190303 for an amount of $300,000 for an eighteen-month period with an option to extend for five additional years as outlined on the attached Participation Agreement.
Authorize the Interim City Manager to execute all necessary documents.

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

PUBLIC HEARINGS:

REQUEST BY SELENE PALM SPRINGS, LLC, FOR AN AMENDMENT TO THE PREVIOUSLY APPROVED FINAL DEVELOPMENT PLANS AND TENTATIVE TRACT MAP FOR THE DREAM HOTEL TO INCLUDE THE ADDITION OF 24 CONDOMINIUM UNITS TO THE SOUTHEAST SECTION OF THE SITE; RECONFIGURATION OF THE 12 CONDOMINIUM UNITS AT THE NORTHWEST AREA OF THE SITE; AND AN INCREASE IN THE NUMBER OF TOWER CONDOMINIUM UNITS FROM 28 TO 29 UNITS AND MODIFICATIONS TO THE FINAL LANDSCAPE PLANS FOR THE DEVELOPMENT LOCATED AT THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD, ZONE PDD 333, SECTION 14. (CASE 5.1132-PD 333/TTM 35236) (ER)

RECOMMENDATION:

Open the public hearing and receive public testimony.
Close the public hearing and adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PROPOSED AMENDMENT TO THE FINAL DEVELOPMENT PLANS OF A PREVIOUSLY APPROVED FINAL PDD TO INCLUDE THE ADDITION OF TWENTY-FOUR RESIDENTIAL UNITS; ELIMINATING THE EVENT CENTER AT THE SOUTHEAST SECTION OF THE SITE; RECONFIGURATION OF TWELVE CONDOMINIUM UNITS AT THE NORTHWEST SECTION OF THE SITE; AMENDING THE RESIDENTIAL TOWER BY ADDING ONE MORE UNIT TO INCREASE THE NUMBER OF CONDO UNITS FROM 40 UNITS TO 65 UNITS; AND MINOR MODIFICATIONS TO THE FINAL LANDSCAPE PLANS OF THE DREAM HOTEL LOCATED AT 450 NORTH CALLE ALVARADO ROAD, ZONE PDD 333, SECTION 14.”

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BUSINESS & LEGISLATIVE:

APPROVE TEN-YEAR CONCESSION AGREEMENTS FOR RETAIL AND FOOD AND BEVERAGE SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve the award of Concession Agreement for Retail to The Marshall Retail Group, LLC for an initial ten-year term beginning December 12, 2022, through December 11, 2032, with one, five-year extension option to be issued upon mutual consent of the City and MRG.
Approve the award of a Concession Agreement for Food and Beverage to Paradies Lagardére @PSP, LLC for an initial ten-year term beginning December 12, 2022, through December 11, 2032, with one, five-year extension option to be issued upon mutual consent of the City and Paradies.
Authorize the Interim City Manager or designee to execute all necessary documents.

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APPROVE AMENDMENT NO. 1 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH ALOE PALM CANYON, L.P. FOR DEVELOPMENT AND CONSTRUCTION OF THE ALOE PALM CANYON PROJECT LOCATED AT 1479 NORTH PALM CANYON DRIVE (SOUTHWEST CORNER OF NORTH PALM CANYON DRIVE AND WEST STEVENS ROAD), AND DISPOSITION OF CITY-OWNED PARCEL WITH ASSESSOR PARCEL NUMBER 505-182-010; AND APPROVE AMENDMENT NO. 1 TO THE PURCHASE AND SALE AGREEMENT TO SELL SUCCESSOR AGENCY OWNED PROPERTY WITH ASSESSOR PARCEL NUMBER 505-182-004 TO ALOE PALM CANYON, L.P. FOR THE ALOE PALM CANYON PROJECT

RECOMMENDATION:

Find that the Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Senate Bill 35 and as an affordable housing project that meets criteria found in Sections 15192 and 15194 of the CEQA Guidelines.
Approve Amendment No. 1 to the Disposition and Development Agreement with Aloe Palm Canyon, L.P. to defer documentation for the remaining project financing until March 1, 2023, and allow the City to disburse pre-development loan funds to Aloe to pay for the Successor Agency parcel, which would allow for the transfer of City Owned parcel APN 505-182-010 by year-end.
Approve, Amendment No. 1 to the Purchase and Sale Agreement with Aloe Palm Canyon, L.P. to make minor changes consistent with the proposed Amendment No. 1 to the DDA and allow the sale of Successor Agency parcel APN 505-182-004 for the unchanged purchase price of $900,000 by year-end.
Authorize the Interim City Manager or designee to execute all necessary documents to effectuate the Amendments and to make any additional changes to the Amendments, provided that such changes do not create a net gain in risk to the City or increase the City’s financial obligation, subject to the approval of the City Attorney.

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APPROVE A RESOLUTION OF THE CITY OF PALM SPRINGS ADOPTING AN INVENTORY REPORT OF EXCESS, EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 50569.

RECOMMENDATION:
Accept the Inventory Report of the City of Palm Springs and Successor Agency to the Palm Springs Redevelopment Agency exempt and non-exempt surplus lands, and excess lands, pursuant to Government Code § 54221, and authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code § 54230(a)(1). Click to View

Waive the first reading of the ordinance text in its entirety and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE I OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING BY REFERENCE, TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS, THE 2022 CALIFORNIA BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I, AND J; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX AH; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING CODE, INCLUDING APPENDICES A, B, D, G, H, I AND K; THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE 2022 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE 2022 CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, INCLUDING ALL APPENDICES;” and
Waive the first reading of the ordinance text in its entirety and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE VI OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING BY REFERENCE, TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS, THE 2022 CALIFORNIA FIRE CODE, INCLUDING CERTAIN APPENDICES.”

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REVIEW BY CITY COUNCIL OF DECISIONS OF CITY BOARDS/ COMMISSIONS, AND OTHER OPTIONS FOR REVIEW AND CONSIDERATION OF MATTERS BY CITY BOARDS AND COMMISSIONS

RECOMMENDATION:
Discuss and provide direction to City staff and City Attorney. Click to View

POTENTIAL CITY ACTION TO INCREASE THE DIVERSITY OF CITY BOARDS, COMMISSIONS AND COMMITTEES

RECOMMENDATION:
Provide Staff direction on further City action to increase the diversity of City boards, commissions, and committees. Click to View

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 December 1, 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.