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 7, 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.

The City Council encourages written public testimony prior to the meeting, which provides the City Council ample time and attention for consideration. All written testimony will be provided to the City Council prior to the discussion. Written testimony may be sent via email to CITYCLERK@palmspringsca.gov, by fax at (760) 322-8332, or hand delivery to the City Clerk, Palm Springs City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262.

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: 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 videoconference, in accordance with AB 361. Click to View

CULTURALLY STRONG MURAL PROJECT

RECOMMENDATION:
Approve a budget allocation of $55,000 from the Public Arts Fund for the Culturally Strong mural project. Click to View

APPROVE A NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT WITH ALCLEAR, LLC DBA CLEAR, FOR BIOMETRIC PASSENGER SCREENING SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve a Non-Exclusive Operating and Lease Agreement with Alclear, LLC dba CLEAR, consisting of a one-year term from April 1, 2022, to March 31, 2023, with two one-year extension options, generating a yearly space rent of $14,271.96 and $.75 per passenger using CLEAR biometric screening services.
Authorize the City Manager to execute all documents.

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APPROVE A SOLE SOURCE AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE (ESRI) FOR ENTERPRISE GIS SOFTWARE

RECOMMENDATION:

Approve a 3-year sole source agreement with ESRI in the amount of $38,500 per year, not to exceed $115,500 over the 3-year contract period.
Authorize the City Manager to execute all necessary documents.

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APPROVAL OF THE FISCAL YEAR 2022/2023 CSA 152 SPECIAL ASSESSMENT RATE

RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2022/2023 TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.” Click to View

REQUEST BY JOSEPH MANTELLO AND PAUL MARLOW, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE DONALD WEXLER RESIDENCE, A CLASS 1 HISTORIC SITE LOCATED AT 1272 EAST VERBENA DRIVE (APN #507-253-009), (HSPB #139)

RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Joseph Mantello and Paul Marlow.
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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REQUEST BY DANIEL E. BRIDGE, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE ALEXANDER HOUSE OF TOMORROW, A CLASS 1 HISTORIC SITE LOCATED AT 1350 LADERA CIRCLE (APN #505-082-026), (HSPB #136)

RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Daniel E. Bridge.
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 CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., IN THE AMOUNT OF $2,723,329 FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (CYCLE 8), FEDERAL AID PROJECT NO. HSIPLN-5282(047), CITY PROJECT NO. 16-18

RECOMMENDATION:

Award a construction contract to Elecnor Belco Electric, Inc., in the amount of $2,723,329, for the Highway Safety Improvement Program (Cycle 8), Federal Aid Project No. HSIPLN-5282(047), City Project No. 16-18 (“the Project).
Authorize the City Manager or his designee to execute all necessary documents.

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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 01-22-22 AND 02-05-22 TOTALING $4,215,704.30 AND ACCOUNTS PAYABLE WARRANTS DATED 01-20-22 AND 02-03-22 TOTALING $8,724,113.18, IN THE AGGREGATE AMOUNT OF $12,939,817.48, DRAWN ON BANK OF AMERICA." Click to View

APPROVAL OF CONTRACT SERVICE AGREEMENTS WITH LIBCO INC., DBA MAGICAL HOLIDAY DESIGNS; KINCAID INDUSTRIES, INC.; CALIFORNIA EASY RENOVATIONS, INC.; ALLISON MECHANICAL, INC.; M. BREY ELECTRIC, INC.; AJ FISTES CORPORATION; VALLEY LOCK AND SAFE, INC.; AND AL MILLER & SONS ROOFING CO., INC. IN A TOTAL AMOUNT NOT TO EXCEED $2,823,450

RECOMMENDATION:

Approve Contract Services Agreement No. A9078 with Libco Inc., DBA Magical Holiday Designs, a California corporation, to provide holiday decoration installation services for a three-year term in the amount of $123,450 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.
Approve Contract Services Agreement No. A9071 with Kincaid Industries, Inc., a California corporation, to provide plumbing maintenance and installation services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.
Approve Contract Services Agreement No. A9070 with California Easy Renovations, Inc., a California corporation, to provide building repair and renovation services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.
Approve Contract Services Agreement No. A9069 with Allison Mechanical, Inc., a California corporation, to provide HVAC maintenance and installation services for a three-year term in the amount of $600,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.
Approve Contract Services Agreement No. A9068 with M. Brey Electric, Inc., a California corporation, to provide electrical maintenance and installation services for a three-year term in the amount of $600,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.
Approve Contract Services Agreement No. A9079 with AJ Fistes Corporation, a California corporation, to provide painting and wallcovering services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.
Approve Contract Services Agreement No. A9065 with Valley Lock and Safe, Inc., a California corporation, to provide locksmith services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.
Approve Contract Services Agreement No. A9077 with Al Miller & Sons Roofing Co., Inc., a California corporation, to provide roofing inspection, repair, and installation services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.
Authorize the City Manager to execute all necessary documents.

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SECOND READING AND ADOPTION OF ORDINANCE NO. 2062 APPROVING CASE 5.1521 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PLANNED RESEARCH AND DEVELOPMENT PARK’ (M-1-P) TO ‘SINGLE-FAMILY RESIDENTIAL’ (R-1-C) FOR THE SUBDIVISION OF A 2.53- ACRE LOT INTO EIGHT (8) SINGLE-FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12.

RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 2062 entitled," AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1521 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PLANNED RESEARCH AND DEVELOPMENT PARK’ (M-1-P) TO ‘SINGLE-FAMILY RESIDENTIAL’ (R-1-C) FOR THE SUBDIVISION OF A 2.53- ACRE LOT INTO EIGHT (8) SINGLE-FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12." Click to View

SECOND READING AND ADOPTION OF ORDINANCE NO. 2063 APPROVING THE ANNUAL UPDATE OF THE PALM SPRINGS ZONING CODE AND MUNICIPAL CODE (CASE 5.1466 ZTA).

RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 2063 entitled," AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN ANNUAL UPDATE TO THE PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA)." Click to View

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

PUBLIC HEARINGS:

AN APPEAL BY ERIC KRUT OF CARMELITA PROPERTIES LIMITED OF THE DECISION BY THE PLANNING COMMISSION TO DENY MAJOR ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATION (AMM) APPLICATIONS, CASE 3.4215 MAJ AND CASE 7.1632 AMM, FOR THE CONSTRUCTION OF A 3,278-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH A 10-FOOT FRONT YARD SETBACK AND THE MAXIMUM BUILDING HEIGHT OF 23.6 FEET ON A 15,173-SQUARE-FOOT UNDEVELOPED HILLSIDE PARCEL LOCATED AT 310 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4215 MAJ & CASE 7.1632 AMM)

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 ERIC KRUT OF CARMELITA PROPERTIES LIMITED AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO DENY MAJOR ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATION (AMM) APPLICATIONS, CASE 3.4215 MAJ AND CASE 7.1632 AMM, FOR THE CONSTRUCTION OF A 3,278-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH THE FRONT YARD SETBACK OF 10 FEET AND THE MAXIMUM BUILDING HEIGHT OF 23.6 FEET ON AN UNDEVELOPED HILLSIDE PARCEL LOCATED AT 310 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4215 MAJ & CASE 7.1632 AMM).”
Alternatively, adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE PLANNING COMMISSION’S DECISION TO DENY AND APPROVING MAJOR ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATION (AMM) APPLICATIONS, CASE 3.4215 MAJ AND CASE 7.1632 AMM, FOR THE CONSTRUCTION OF A 3,278-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH THE FRONT YARD SETBACK OF 10 FEET AND THE MAXIMUM BUILDING HEIGHT OF 23.6 FEET ON AN UNDEVELOPED HILLSIDE PARCEL LOCATED AT 310 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4215 MAJ & CASE 7.1632 AMM).”

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AN APPEAL BY ERIC KRUT OF CARMELITA PROPERTIES LIMITED OF THE DECISION BY THE PLANNING COMMISSION TO DENY MAJOR ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATIONS (AMM) APPLICATIONS, CASE 3.4216 MAJ AND CASE 7.1633 AMM, FOR THE CONSTRUCTION OF A 3,344-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH A 10-FOOT FRONT YARD SETBACK AND THE MAXIMUM BUILDING HEIGHT OF 25.8 FEET ON A 11,206-SQUARE-FOOT UNDEVELOPED HILLSIDE PARCEL LOCATED AT 322 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4216 MAJ & CASE 7.1633 AMM)

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 ERIC KRUT OF CARMELITA PROPERTIES LIMITED AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO DENY MAJOR ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATION (AMM) APPLICATIONS, CASE 3.4216 MAJ AND CASE 7.1633 AMM, FOR THE CONSTRUCTION OF A 3,344-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH THE FRONT YARD SETBACK OF 10 FEET AND THE MAXIMUM BUILDING HEIGHT OF 25.8 FEET ON AN UNDEVELOPED HILLSIDE PARCEL LOCATED AT 322 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4216 MAJ & CASE 7.1633 AMM).”
Alternatively, adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE PLANNING COMMISSION’S DECISION TO DENY AND APPROVING MAJOR ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATION (AMM) APPLICATIONS, CASE 3.4216 MAJ AND CASE 7.1633 AMM, FOR THE CONSTRUCTION OF A 3,344-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH THE FRONT YARD SETBACK OF 10 FEET AND THE MAXIMUM BUILDING HEIGHT OF 25.8 FEET ON AN UNDEVELOPED HILLSIDE PARCEL LOCATED AT 322 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4216 MAJ & CASE 7.1633 AMM).”

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BUSINESS & LEGISLATIVE:

COLLEGE OF THE DESERT PRESENTATION AND DISCUSSION Click to View

GIFT TERM SHEET IN THE AMOUNT OF $5,000,000 WITH DAVID LEE FOR THE RESTORATION OF THE PALM SPRINGS PLAZA THEATRE

RECOMMENDATION:

Approve Gift Term Sheet between City of Palm Springs, The Palm Springs Plaza Theatre Foundation, and David Lee Foundation #2 regarding a Five Million Dollar ($5,000,000) Gift for the historic Palm Springs Plaza Theatre.
Authorize the City Manager to execute the Term Sheet, as well as a Gift Agreement, consistent with the Term Sheet, in a form acceptable to the City Manager and City Attorney.

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INCREASE ANNUAL LIMIT FOR HOUSING CONSULTANT SERVICES AGREEMENT WITH LESAR DEVELOPMENT CONSULTANTS

RECOMMENDATION:

Authorize the City Manager to increase the Contract Service Agreement with LeSar Development Consultants for an amount not to exceed $255,000 annually with up to three additional years, for a total amount of $875,000.
Authorize the City Manager or his designee to execute all necessary documents.

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2007 GENERAL PLAN LIMITED UPDATE – A REVIEW OF REVISIONS TO THE GENERAL PLAN VISION AND PRIORITY STATEMENTS AND THE DRAFT LAND USE PLAN

RECOMMENDATION:
1. Provide direction as appropriate on proposed Vision and Priority statements for the 2040 General Plan.
2. Provide direction as appropriate on proposed Land Use Plan for the 2040 General Plan. 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 April 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.