Agenda

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

NOVEMBER 10, 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:

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. 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.

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 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 10-01-22 TOTALING $1,993,541.30 AND ACCOUNTS PAYABLE WARRANTS DATED 09-29-22 TOTALING $5,070,070.34, IN THE AGGREGATE AMOUNT OF $7,063,611.64, DRAWN ON BANK OF AMERICA." Click to View

APPROVE AGREEMENT A9226 WITH AUDIO ASSOCIATES FOR AIRPORT PAGING SYSTEM EXPANSION:
RECOMMENDATION:
Approve Agreement A9226 with Audio Associates in the amount of $14,410 to expand the paging system at Palm Springs International Airport. Click to View

APPROVE SERVICE AGREEMENT NO. A9265 WITH SOUTHERN CALIFORNIA FLEET SERVICES, INC. FOR FIRE APPARATUS AND HEAVY EQUIPMENT MAINTENANCE AND REPAIR SERVICES
RECOMMENDATION:

Approve Contract Service Agreement A9265 (Attachment A) with Southern California Fleet Services, Inc., to provide fire apparatus and heavy equipment maintenance and repair services in an amount not to exceed $900,000 for the initial three-year term beginning November 15, 2022 through November 14, 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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APPROVE A THREE-YEAR AGREEMENT WITH VERDE FACILITIES SERVICES LLC (A9232) FOR JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES
RECOMMENDATION:

Approve Contract Service Agreement A9232 with Verde Facilities Services LLC to provide janitorial services for various City facilities for a three-year term in an amount not to exceed $2,236,428, beginning December 12, 2022, through December 11, 2025, with two one-year extension options at the City’s sole discretion.
Authorize additional/ optional janitorial services in accordance with the fixed pricing identified in Schedule II – Options Pricing Sheet for an amount not to exceed $25,000 annually during the term of the Agreement.
Authorize the Interim City Manager or designee to execute all necessary documents.

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APPROVE A ONE-YEAR AGREEMENT WITH MANSFIELD POWER AND GAS, LLC (A9254) FOR THE PURCHASE OF NATURAL GAS FOR CO-GENERATION PLANT AND APPROPRIATE $467,500 FROM GENERAL FUND BALANCE
RECOMMENDATION:
1. Approve Contract Service Agreement A9254 with Mansfield Power and Gas, LLC to provide natural gas for a one-year term in an estimated amount of $603,000.70 subject to usage adjustments beginning January 1, 2023, through December 31, 2023.
2. Authorize the City Manager to enter into future annual purchase agreements for natural gas from the wholesale commodity market for an amount not to exceed what is budgeted and approved in the Energy Fund annually for natural gas.
3. Appropriate $467,500 from General Fund Balance to the Energy Fund for this purchase.
4. Authorize the Interim City Manager or designee to execute all necessary documents. Click to View

APPROVE PURCHASE OF DOCUSIGN ENTERPRISE PRO FROM CARAHSOFT TECHNOLOGY CORPORATION FOR A THREE-YEAR PERIOD
RECOMMENDATION:

In accordance with Section 7.09.010 “Cooperative Purchasing Programs,” of the Palm Springs Municipal Code, authorize the purchase of DocuSign, an electronic signature program, from Carahsoft Technology Corporation, pursuant to the California Multiple Award Schedule (CMAS) Contract 3-12-70-2247E for an amount of $61,660.50 for a three-year period.
Authorize the Interim City Manager to execute all necessary documents.

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GENERAL FUND FISCAL YEAR 2022-23 FINANCIAL REPORT FOR FIRST QUARTER ENDING SEPTEMBER 30, 2022
RECOMMENDATION:
Receive and file the General Fund Fiscal Year 2022-23 Financial Report. Click to View

APPROVE APPROPRIATION OF $170,000 FROM GENERAL FUND BALANCE TO THE HUMAN RESOURCES DEPARTMENT FOR RECRUITMENT SERVICES
RECOMMENDATION:
Approve an appropriation of $170,000 from General Fund Balance to the Human Resources Department for Recruitment Services. Click to View

APPROVE AN AGREEMENT WITH LIEBERT CASSIDY WHITMORE TO PROVIDE EMPLOYMENT AND LABOR RELATIONS LEGAL SERVICES
RECOMMENDATION:
Approve an Agreement for Special Services with Liebert Cassidy Whitmore to provide consulting, representational, and legal services pertaining to employment relations matters. Click to View

APPROVE AGREEMENT A9255 WITH LEXIPOL TO PERFORM ANNUAL POLICY MANUAL UPDATES FOR THREE YEARS FOR THE PALM SPRINGS POLICE DEPARTMENT
RECOMMENDATION:
Approve Agreement A9255 with Lexipol to provide three years of annual policy manual updates for a total cost of $49,394. Click to View

APPROVAL OF A LICENSE AGREEMENT WITH THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE RAMON ROAD WIDENING (FROM SAN LUIS REY DR. TO LANDAU BLVD.) INCLUDING THE WHITEWATER RIVER BRIDGE WIDENING, CITY PROJECT NO. 08-25, FEDERAL-AID PROJECT NO. BHLS-5282 (040)
RECOMMENDATION:

Approve a License Agreement with Riverside County Flood Control and Water Conservation District for the construction of the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, City Project No. 08-25, Federal-Aid Project No. BHLS-5282 (040).
Authorize the Interim City Manager to execute all necessary documents.

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APPROVE AGREEMENT A9257 WITH VITAC TO PROVIDE CLOSED CAPTIONING SERVICES FOR ONE YEAR
RECOMMENDATION:
Approve Agreement A9257 with VITAC to provide continued closed captioning services for an amount not to exceed $24,000 for one year. Click to View

APPROVE PURCHASE OF THE POPSICLES ARTWORK BY JOHN CERNY LOCATED AT 605 E. SUNNY DUNES ROAD IN THE AMOUNT OF $14,000 WITH PUBLIC ARTS FUNDS
RECOMMENDATION:

Approve purchase of the Popsicles Artwork by John Cerny in the amount of $14,000 with Public Arts Funds.
Authorize the purchase of the Artwork subject to review and approval of a purchase and sale agreement in a form acceptable to the City Attorney.

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APPROVE PURCHASE, REPAIR, RELOCATION, AND INSTALLATION COSTS IN THE AMOUNT OF $6,550 FOR THE “WOW” SCULPTURE BY ARTIST MICHAEL BIRNBERG (AKA MIDABI) FOR PLACEMENT AT THE NORTHWEST CORNER OF NORTH PALM CANYON DRIVE AND VIA LOLA
RECOMMENDATION:

Approve funding in the amount of $6,550 of Public Art Funds for purchase, repair, and relocation costs of the “WOW” sculpture.
Approve placement of the “WOW” sculpture at the northwest corner of Palm Canyon Drive and Via Lola.
Authorize the purchase of the Artwork, subject to review and approval of a purchase and sale agreement in a form acceptable to the City Attorney.

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APPROVAL OF CITY COUNCIL MEMBER APPOINTMENT AS VOTING DELEGATE TO THE NATIONAL LEAGUE OF CITIES
RECOMMENDATION:
Appoint Mayor Pro Tem Garner as voting delegate to the National League of Cities.

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

PUBLIC HEARINGS:

A REQUEST BY THE CITY OF PALM SPRINGS FOR A GENERAL PLAN AMENDMENT AND A ZONING TEXT AMENDMENT TO MODIFY RESIDENTIAL DENSITY STANDARDS FOR THE CBD LAND USE DESIGNATION AND TO REVISE LEGAL NON-CONFORMING CRITERIA TO ALLOW CONVERSION OF CERTAIN HOTEL USES TO MULTIFAMILY RESIDENTIAL APARTMENT USES (CASE NO. 5.1549 GPA & 5.1539 ZTA)
RECOMMENDATION:

Open the Public Hearing and receive public testimony.
Close the public hearing, 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, APPROVING CASE 5.1539 ZTA, ZONE TEXT AMENDMENT, TO AMEND THE PALM SPRINGS ZONING CODE BY ADDING SECTION 94.05.085 TO REVISE LEGAL NON-CONFORMING CRITERIA TO ALLOW FOR CERTAIN HOTEL TO APARTMENT CONVERSIONS WITH A CONDITIONAL USE PERMIT.”
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1549 GPA, GENERAL PLAN AMENDMENT, TO AMEND THE PALM SPRINGS 2007 GENERAL PLAN LAND USE ELEMENT TO MODIFY THE CENTRAL BUSINESS DISTRICT (CBD) LAND USE DESIGNATION MINIMUM RESIDENTIAL DENSITY STANDARDS AND LEGAL NON-CONFORMING CRITERIA TO ALLOW FOR CONVERSIONS OF CERTAIN HOTEL USES TO MULTI-FAMILY RESIDENTIAL USES.”

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BUSINESS & LEGISLATIVE:

DISCUSSION AND INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS; AND POTENTIAL ACTION REGARDING THE EXISTING MORATORIUM ON THE PROCESSING AND ISSUANCE OF VACATION RENTAL CERTIFICATES
RECOMMENDATION:

Waive the reading of text in its entirety, read by title only, and introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS."
Provide direction regarding further Vacation Rental regulations.

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A REQUEST BY GLA DESIGN GROUP ON BEHALF SPS MANUF. LLC FOR AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT FOR A CANNABIS DISPENSARY/LOUNGE AT 823 SOUTH WILLIAMS ROAD (CASE 7.1660 AMM)
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (CALI CALI DISPENSARY) PROPOSED AT 823 SOUTH WILLIAMS ROAD FROM AN EXISTING CANNABIS LOUNGE (CASE 7.1660 AMM).” or, as an alternative
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (CALI CALI DISPENSARY) PROPOSED AT 823 SOUTH WILLIAMS ROAD FROM AN EXISTING CANNABIS LOUNGE (CASE 7.1660 AMM).”

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A REQUEST BY TPE ENTERPRISES, LLC FOR AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENTS FOR A CANNABIS DISPENSARY AT 1233 SOUTH GENE AUTRY TRAIL (CASE 7.1661 AMM)
RECOMMENDATION:

Adopt a Resolution, “A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (TPE ENTERPRISES, LLC) PROPOSED AT 1233 SOUTH GENE AUTRY TRAIL FROM TWO EXISTING CANNABIS DISPENSARIES (CASE 7.1661 AMM).” or, as an alternative
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (TPE ENTERPRISES, LLC) PROPOSED AT 1233 SOUTH GENE AUTRY TRAIL FROM TWO EXISTING CANNABIS DISPENSARIES (CASE 7.1661 AMM).”

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DISCUSSION ON DISPOSITION OF DESERT HIGHLAND GATEWAY ESTATE SINGLE-FAMILY RESIDENTIAL LOTS
RECOMMENDATION:
Provide Staff direction on issuance of a Request for Proposals to dispose of three single-family lots in the Desert Highlands Gateway Estates Community. Click to View

PROPOSED UPDATE OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5.77 PERTAINING TO ADULT-ORIENTED BUSINESSES AND REPEAL OF CHAPTER 11.10 PERTAINING TO PUBLIC NUDITY
RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only.
Introduce on first reading Ordinance No. ___, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO ADULT-ORIENTED BUSINESS REGULATIONS, AND A REPEAL OF CHAPTER 11.10 RELATING TO PUBLIC NUDITY.”

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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 5:30 p.m., on November 7, 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.