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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
2:30 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).
            
           MAY 12, 2022          
 
                         
2:30 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  
 
 
2:30 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: 
 
 
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.
 
1.   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.
 
A.   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.
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B.   STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF APRIL 1 THROUGH APRIL 30, 2022
RECOMMENDATION:


Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1 through April 30, 2022.
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C.   APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH EPLUS TECHNOLOGY, INC. FOR NETWORK SWITCHES AND SUPPORT SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT IN AN AMOUNT NOT TO EXCEED $340,434.55
RECOMMENDATION:
  1.  Approve a Contract Services Agreement A9094 with ePlus Technology, Inc., a Virginia corporation, to provide Cisco network switches and support services for a three-year term in an amount not to exceed $340,434.55 beginning May 16, 2022, through May 15, 2025.
  2. Authorize the City Manager to execute all necessary documents.
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D.   AWARD OF SERVICE AGREEMENT TO TOWNSEND PUBLIC AFFAIRS INC. FOR GRANT WRITING AND LEGISLATIVE ADVOCACY SERVICES
RECOMMENDATION:
  1. Approve a one-year Contract Services Agreement with Townsend Public Affairs Inc. in an amount not to exceed $69,000 per year, with the option of two one-year renewals.
  2. Authorize the City Manager or his designee to execute the agreement and any subsequent renewals.
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E.   APPROVE AGREEMENT A9067 WITH TRANSCORE HOLDINGS, LLC DBA TRANSCORE LP FOR THE PURCHASE OF AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM FOR THE PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
  1. Approve Agreement No. A9607 with TransCore Holdings, LLC dba TransCore LP to provide an Automated Vehicle Identification system at the Palm Springs International Airport in the amount of $611,122 for a three-year term beginning on May 16, 2022, and ending on May 15, 2025. This amount consists of an initial $479,249 purchase price for the system and maintenance support for Year One at $10,192; Year Two at $59,332; and Year Three at $62,349.
  2. Authorize the City Manager or Designee to execute all documents.
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F.   APPROVE A ONE-YEAR AGREEMENT WITH WAXIE’S ENTERPRISES, LLC TO PROVIDE JANITORIAL SUPPLIES AND EQUIPMENT REPAIR SERVICES TO THE PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
  1. Approve Contract Service Agreement A9089 with Waxie’s Enterprises, LLC to provide janitorial supplies and janitorial equipment repairs to the Palm Springs International Airport for a one-year term in an amount not to exceed $210,000, beginning May 16, 2022, and ending May 15, 2023.
  2. Authorize the City Manager or his designee to execute all necessary documents.
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G.   APPROVE A THREE-YEAR AGREEMENT A9108 WITH PROFESSIONAL ASBESTOS REMOVAL CORPORATION, DBA PARC ENVIRONMENTAL, FOR ABATEMENT AND REMEDIATION SERVICES
RECOMMENDATION:
  1. Approve Contract Service Agreement No. A9108 with Professional Asbestos Removal Corporation dba PARC Environmental to provide abatement and remediation services for a three-year term in an amount not to exceed $150,000 beginning May 16, 2022, through May 15, 2025, with two one-year extension options at the City’s sole discretion.
  2. Authorize the City Manager or his designee to execute all necessary documents.
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H.   AWARD A CONSTRUCTION CONTRACT TO STEVE P. RADOS, INC. IN THE AMOUNT OF $15,905,500, FOR THE WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07
RECOMMENDATION:
  1. Award a construction contract to Steve P. Rados, Inc. in the amount of $15,905,500 for the WWTP Digester No. 2 Gas Flare and Filtrate Pump Station project, City Project No. 20-25 and 21-07.
  2. Authorize the City Manager to approve a task order in an amount not to exceed $881,143 with Stantec, an ‘on-call’ firm, for wastewater engineering services during construction.
  3. Authorize the City Manager to approve a professional services agreement in an amount not to exceed $1,246,123.14 with MWH Constructors, an engineering firm, for construction management and inspection services.
  4. Authorize the City Manager or his designee to execute all necessary documents.
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I.   REQUEST BY THE GEDDES-CHRISTENSEN FAMILY TRUST, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 360 CABRILLO ROAD UNIT 109, A CONTRIBUTING STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC DISTRICT (APN #504-131-055), (HSPB #88 / HD-3)
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, The Geddes-Christensen Family Trust, and the Racquet Club Cottages West Homeowners Association.
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement with the County of Riverside.
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J.   APPROVAL OF A SEWER CONNECTION EXEMPTION FOR THE PROPERTY LOCATED AT 803 STEVENS ROAD IN ACCORDANCE WITH CHAPTER 15.14.010 OF THE PALM SPRINGS MUNICIPAL CODE
RECOMMENDATION:


Approve an exemption for the requirement to connect to the public sewer system for the property located at 803 Stevens Road, in accordance with Chapter 15.14.010 of the Palm Springs Municipal Code and Resolution No. 20650, subject to a requirement to execute a Sewer Covenant obligating connection to the public sewer when available in the future.
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K.   REJECT ALL BIDS RECEIVED FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (CYCLE 8), FEDERAL AID PROJECT NO. HSIPLN-5282(047), CITY PROJECT NO. 16-18
RECOMMENDATION:
  1. Reject the bids received on February 1, 2022, for the Highway Safety Improvement Program (Cycle 8), Federal Aid Project No. HSIPLN-5282(047), City Project No. 16-18.
  2. Authorize Staff to re-bid the Project.
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L.   TRANSFER OF 1974 CESSNA 182 SKYLANE AIRCRAFT TO THE PALM SPRINGS POLICE AERO SQUADRON
RECOMMENDATION:
  1. Authorize the transfer of 1974 Cessna 182 Skylane, tail number N47PS, to the Palm Springs Police Aero Squadron.
  2. Authorize the City Manager to execute all necessary documents.
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M.   MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN CITY OF PALM SPRINGS AND QUEER WORKS, A CALIFORNIA PUBLIC BENEFIT NON-PROFIT CORPORATION REGARDING THE DUE DILIGENCE PROJECT TO PURSUE A STATE GRANT FOR A POSSIBLE GUARANTEED INCOME PILOT PROGRAM
RECOMMENDATION:


Review and approve the accompanying Memorandum of Understanding (MOU) between the City of Palm Springs and Queer Works, a California public benefit non-profit corporation.
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N.   LETTER OF SUPPORT – SAN GORGONIO PASS RAIL CORRIDOR
RECOMMENDATION:


Approve the letter of support.
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EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
 
2.   PUBLIC HEARINGS:
 
A.   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:
  1. Continue deliberations on the appeal by LWSC LLC (Building Owner), c/o PSPC Enterprises LLC (dba Fuego Nightclub); public testimony was received on April 21, 2022.
  2. 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).”
  3.  Alternatively, adopt a Resolution entitled, 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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B.   AN APPLICATION BY BARBARA AND KEITH KIZZIAH, OWNERS, FOR HISTORIC DESIGNATION OF “THE GILLMAN RESIDENCE” LOCATED AT 574 WEST MARISCAL DRIVE, (APN #504-281-012), CASE HSPB #142 
RECOMMENDATION:
  1. Open the public hearing and receive public testimony.
  2. Close the public hearing and adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE GILLMAN RESIDENCE” LOCATED AT 574 WEST MARISCAL DRIVE, AS CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #142, SUBJECT TO CONDITIONS (APN 504-281-012).”
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C.   REQUEST BY JERRY G. JOHNSON OF V.I.P. MOTOR CARS, LTD. FOR A 12-MONTH REVIEW OF A CONDITIONAL USE PERMIT, CASE 5.1506 CUP, FOR THE OPERATION OF AN OFF-SITE VEHICLE STORAGE FACILITY LOCATED AT 4193 EAST MATTHEW DRIVE, ZONE R-2, SECTION 30 (CASE 5.1506 CUP)
RECOMMENDATION:
  1. Open the public hearing and receive testimony.
  2. Find the development to be in conformance to the Conditions of Approval and receive and file the report without further City Council review.
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D.   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:
  1. Open the Public Hearing for public testimony.
  2. 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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E.   ADOPTION OF ORDINANCE AUTHORIZING A MILITARY EQUIPMENT USE POLICY, AS REQUIRED BY ASSEMBLY BILL 481
RECOMMENDATION:
  1. Open the public hearing and receive public testimony.
  2. 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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F.   ADOPTION OF A RESOLUTION MODIFYING CERTAIN USER FEES, DEVELOPER FEES, AND CHARGES BY IMPLEMENTING A CONSUMER PRICE INDEX INCREASE AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2022-2023
RECOMMENDATION:
  1. Open the public hearing and receive public testimony.
  2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CERTAIN USER FEES, DEVELOPER FEES, AND CHARGES BY IMPLEMENTING A CONSUMER PRICE INDEX INCREASE AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2022-2023.”
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3.   BUSINESS & LEGISLATIVE:
 
A.   REVIEW AND DISCUSSION OF CITY BOARDS AND COMMISSIONS
RECOMMENDATION:


Direct Staff as appropriate.
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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 May 6, 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.

    

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