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CITY OF PALM SPRINGS, CALIFORNIA
CITY COUNCIL

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

 
            
           OCTOBER 27, 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: The City Council welcomes public input. Members of the public may address the City Council by calling 760-323-8204 to register 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:
 
A.   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 testimony on non-agenda items will be taken at the end of the meeting. You may register to speak by submitting a speaker card to the City Clerk at the meeting or by calling 760-323-8204 to register for virtual participation. All requests to speak must be submitted to the City Clerk prior to the close of the applicable public testimony period.
 
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.   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 09-03-22 AND 09-17-22 TOTALING $4,273,065.59 AND ACCOUNTS PAYABLE WARRANTS DATED 09-01-22 AND 09-15-22 TOTALING $6,027,934.94, IN THE AGGREGATE AMOUNT OF $10,301,000.53, DRAWN ON BANK OF AMERICA."
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C.   STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF AUGUST 1 THROUGH AUGUST 31, 2022
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of August 1 through August 31, 2022. 
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D.   INTRODUCTION OF AN ORDINANCE TO AMEND SECTION 16.36.020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE CONDUCT AND APPEARANCE OF AIRPORT COMMERCIAL VEHICLE OPERATORS
RECOMMENDATION:

Waive the reading of the ordinance text in its entirety, read by title only, and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 16.36.020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE CONDUCT AND APPEARANCE OF AIRPORT COMMERCIAL VEHICLE OPERATORS.”  
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E.   SECOND READING AND ADOPTION OF ORDINANCE NO. 2068 OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 9.62.055 AND PALM SPRINGS ZONING CODE SECTION 93.23.21 RELATIVE TO THE DEVELOPMENT STANDARDS FOR URBAN LOT SPLITS AND TWO-UNIT RESIDENTIAL DEVELOPMENTS (CASE 5.1548 ZTA)
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2068, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9.62.055 OF THE PALM SPRINGS MUNICIPAL CODE AND SECTION 93.23.21 OF THE PALM SPRINGS ZONING CODE RELATING TO URBAN LOT SPLITS AND TWO-UNIT PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.” 
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F.   SECOND READING AND ADOPTION OF ORDINANCE NO. 2069 CHANGING THE ZONING DESIGNATION OF ‘SINGLE FAMILY RESIDENTIAL (R-1-D)’ TO ‘SINGLE-FAMILY RESIDENTIAL (R-1-E)’ FOR THE SUBDIVISION OF A 6.44-ACRE LOT INTO THIRTY-ONE (31) SINGLE-FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT THE EAST TERMINUS OF VERONA ROAD
RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2069, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1527 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONING DESIGNATION OF ‘SINGLE FAMILY RESIDENTIAL (R-1-D)’ (7,500-SQUARE FOOT LOT)  TO ‘SINGLE-FAMILY RESIDENTIAL (R-1-E)’ (5,000-SQUARE FOOT LOT) FOR THE SUBDIVISION OF A 6.44-ACRE LOT INTO THIRTY-ONE (31) SINGLE-FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT THE EAST TERMINUS OF VERONA ROAD.”  
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G.   LETTER OF SUPPORT – CV RAIL FEDERAL GRANT APPLICATIONS
RECOMMENDATION:

Approve the letter of support.
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H.   ARCTIC WOLF SECURITY OPERATIONS CLOUD AND CONCIERGE SECURITY OPERATIONS CENTER SOLUTIONS AGREEMENT
RECOMMENDATION:
Authorize the Interim City Manager to execute all necessary documents. 
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I.   APPROVE AN AGREEMENT WITH R.E. CHAFFEE CONSTRUCTION, INC. (A9243) FOR SEWAGE PUMP SYSTEM 
RECOMMENDATION:
  1. Approve Contract Services Agreement A9243 with R.E. Chaffee Construction, Inc., in an amount not to exceed $103,438.51 to provide a new basement sewage pump system at the Palm Springs Police Department.  
  2. Authorize the Interim City Manager or designee to execute all necessary documents. 
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J.   APPROVE SERVICES AGREEMENT WITH OTIS ELEVATOR COMPANY (A9252) FOR ELEVATOR MAINTENANCE, MANAGEMENT AND PREVENTATIVE MAINTENANCE PROGRAM IN AN AMOUNT NOT TO EXCEED $21,852.52
RECOMMENDATION:
  1. In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” approve Contract Service Agreement A9252 (Attachment A) with Otis Elevator Company in an amount not to exceed $21,852.52, beginning November 1, 2022, through October 31, 2023. 
  2. Authorize the Interim City Manager or designee to execute all necessary documents. 
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K.   APPROVAL OF LICENSE AGREEMENT NO. A9239 WITH READY CREDIT CORPORATION FOR THE OPERATION OF AN AUTOMATED PREPAID DEBIT CARD DISPENSING MACHINE AT THE PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
  1. Approve a License Agreement (A9239) with Ready Credit Corporation for the operation of an automated prepaid debit card dispensing machine at the Palm Springs International Airport for a three-year term beginning October 1, 2022, through September 30, 2025, with two one-year extension options. 
  2. Authorize the Interim City Manager to execute all necessary documents. 
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L.   APPROVE SERVICE AGREEMENT NO. A9241 WITH J & L AUTO BODY INC. FOR AUTO BODY REPAIR SERVICES
RECOMMENDATION: 
  1. Approve Contract Services Agreement A9241 with J & L Auto Body Inc., to provide auto body repair services in an amount not to exceed $300,000, for the initial three-year term beginning October 27, 2022, through October 26, 2025, with two one-year extension options at the City’s sole discretion.  
  2. Authorize the Interim City Manager or their designee to execute all necessary documents. 
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M.   APPROVE PURCHASE AGREEMENT NO. A9248 WITH HI-GRADE MATERIALS CO. FOR CONCRETE PRODUCTS
RECOMMENDATION:
  1. Approve Purchase Agreement No. A9248 (Attachment A) with Hi-Grade Materials Co. to provide concrete products for an amount not to exceed $90,000 beginning November 1, 2022 through October 31, 2025, with two one-year extension options at the City’s sole discretion.  
  2. Authorize the Interim City Manager or their designee to execute all necessary documents. 
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N.   AWARD OF A CONSTRUCTION CONTRACT TO GRANITE CONSTRUCTION COMPANY, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $6,962,696 AND A PURCHASE ORDER TO DUDEK INC., IN THE AMOUNT OF $170,000, FOR THE 2022 PAVEMENT REHABILITATION, CITY PROJECT NO. 22-08
RECOMMENDATION:
  1. Award a construction contract to Granite Construction Company, a California corporation, in the amount of $6,962,696 for the 2022 Pavement Rehabilitation, City Project 22-08; and, 
  2.  Authorize the Interim City Manager to approve a purchase order with an ‘on-call’ firm, Dudek Inc., for construction management and inspection services in the amount of $170,000 for the 2022 Pavement Rehabilitation, City Project 22-08; and  
  3.  Authorize the Interim City Manager to execute all necessary documents.  
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O.   APPROVE SERVICE AGREEMENT NO. A9230 WITH DOWNTOWN SHELL FOR VEHICLE MAINTENANCE AND REPAIR SERVICES
RECOMMENDATION:
  1. Approve Contract Services Agreement A9230 with Downtown Shell to provide vehicle maintenance and repair services for a three-year term in an amount not to exceed $300,000, beginning October 27, 2022 through October 26, 2025, with two one-year extension options at the City’s sole discretion. 
  2. Authorize the Interim City Manager or their designee to execute all necessary documents. 
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P.   APPROVE EXPENDITURE OF PUBLIC ART FUNDS IN THE AMOUNT OF $286,000 TO RESTORE THE “DESERT HIGHLAND MURAL” BY ARTIST RICHARD WYATT, JR. ON THE SOUTHWEST EXTERIOR WALL OF THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER
RECOMMENDATION:
  1. Approve the expenditure of Public Art Funds in the amount of $286,000 for the restoration of the “Desert Highland Mural” by artist Richard Wyatt, Jr. 
  2.  Appropriate $286,000 from Fund 150 Public Arts Fund Balance. 
  3.  Authorize the Interim City Manager to execute all necessary documents to facilitate restoration of the “Desert Highland Mural”.    
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Q.   APPROVAL OF AGREEMENT WITH THE CITY OF DESERT HOT SPRINGS FOR SIGNAL MAINTENANCE OF FOUR SHARED TRAFFIC SIGNALS ALONG NORTH INDIAN CANYON DRIVE  
RECOMMENDATION:
  1. Approve Agreement with the City of Desert Hot Springs for the traffic signal maintenance of four shared traffic signals along North Indian Canyon Road.  
  2.  Authorize the Interim City Manager to execute all necessary documents 
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R.   APPROVAL OF A GROUND LEASE AGREEMENT WITH T-MOBILE WEST, LLC, FOR NON-EXCLUSIVE USE OF GROUND SPACE WITH AN EXISTING WIRELESS COMMUNICATIONS TOWER AT 4375 EAST MESQUITE AVENUE
RECOMMENDATION:
  1. Approve Wireless Communications Facilities Site Lease Agreement by and between T-Mobile West, LLC, and the City of Palm Springs for non-exclusive use of ground space at City-owned property at 4375 East Mesquite Avenue.
  2. Authorize the City Manager or designee to execute all the necessary documents.
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S.   AMENDMENT NO. 1 TO NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. A9011 WITH COVID CLINIC, INC.
RECOMMENDATION:
  1. Approve Amendment No. 1 to Agreement No. A9011 with Covid Clinic, Inc. to address the business entity change from Covid Clinic, Inc. to Rume Health, LLC; the relocation of their facility from the Airport holiday-overflow parking lot south of Kirk Douglas Way to an Airport parking lot located west of E. Baristo Road effective September 1, 2022; and the reduction in size of demised premises from 40,410 square feet to 15,387 square feet (sq. ft) and a reduction in rent from $12,392.40 per month ($148,708.80 per year) to $4,723.80 per month ($56,685.60 per year). 
  2.  Authorize the Interim City Manager or designee 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.
 
2.   PUBLIC HEARINGS: None
 
3.   BUSINESS & LEGISLATIVE:
 
A.   CONSIDER PROPOSAL FROM BLUE ZONES, LLC TO PARTICIPATE IN A FEASIBILITY STUDY FOR $85,000
RECOMMENDATION:
  1. Consider proposal from Blue Zones, LLC. to provide a feasibility study in the amount of $85,000. 
  2. If supportive of the proposal, authorize the Interim City Manager or designee to execute an Agreement and Statement of Work in form and content acceptable to the City Manager and City Attorney.
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B.   CONSIDERATION AND POSSIBLE ADOPTION OF A POLICY LIMITING THE NUMBER OF PUBLIC MEETINGS THAT CITY LEGISLATIVE BODIES MAY HOLD ON THIRD PARTY APPLICATIONS
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, LIMITING THE MAXIMUM NUMBER OF PUBLIC MEETINGS THAT CITY LEGISLATIVE BODIES MAY HOLD ON THIRD PARTY APPLICATIONS.”
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C.   PROPOSED TURF CONVERSION MATCHING REBATE
RECOMMENDATION:

Approve an appropriation of $150,000 from the Sustainability Fund to provide a match to DWA’s rebate of $3/square foot, ensuring that a total of $6/square foot would be available to eligible projects, with the following limitations: 
Projects would receive no more than $5,000 in City rebate funding per project; 
Projects using artificial turf would not receive the rebate funding; 
$100,000 will be allocated for HOAs and $50,000 would be allocated for individual residences; and 
The program will continue to be administered by DWA. 
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D.   DISCUSSION REGARDING FILLING AN UNSCHEDULED VACANCY ON THE CITY COUNCIL
RECOMMENDATION:

1. Receive and file a Memorandum from the City Attorney dated October 19, 2022.
2. Discuss options for filling a potential unscheduled vacancy.
3. Provide direction to Staff.
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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, Monique M. Lomeli, Chief 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 October 21, 2022, and posted on the City’s website as required by established policies and procedures. 
 
____________________________
Monique M. Lomeli, CMC
Chief 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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