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.

NOVEMBER 28, 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 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:

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 January 27, February 10, February 24, March 10, March 24, April 7, April 21, May 12, May 26, June 16, June 30, July 14, July 28, September 1, September 29, October 17, and October 27, 2022. Click to View

STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF SEPTEMBER 2022
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of September 1 through September 30, 2022. Click to View

APPROVAL OF AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-23
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033.”
Authorize the City Manager to execute all documents necessary to effectuate this action.

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AFFIRMING THE COUNCIL ACTION OF SEPTEMBER 29, 2022, RELATIVE TO AN EXTENSION OF THE PARKLET USE AND AMENDMENT OF THE ASSOCIATED PARKLET DESIGN GUIDELINES
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE DESIGN GUIDELINES FOR PARKLET FACILITIES AND EXTENDING THE DATE FOR PARKLET USAGE.” Click to View

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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APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9082 WITH UNITED RENTALS (NORTH AMERICA), INC. FOR EQUIPMENT RENTAL SERVICES
RECOMMENDATION:

Approve Amendment No. 2 to Agreement A9082 (Attachment A) with United Rentals (North America), Inc. to provide equipment rental services in an additional amount of $225,000 for a total revised contract amount not to exceed $300,000 and extending the term through August 27, 2024.
Authorize the Interim City Manager or designee to execute all necessary documents.

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APPROVE AMENDMENT NO. 1 TO NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT A9092 WITH ALCLEAR, LLC DBA CLEAR
RECOMMENDATION:

Approve Amendment No. 1 to Non-Exclusive Operating and Lease Agreement A9092 with Alclear, LLC dba CLEAR to add screening pods in the main terminal lobby, adjust screening space from 120 square feet to 296 square feet effective November 1, 2022, and increase rental space from $14,271.96 to $22,141.44 per year.
Authorize the Interim City Manager or designee to execute all documents.

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APPROVE PURCHASE AGREEMENT NO. A9274 WITH ENNIS-FLINT, INC. FOR PAINT FOR PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Purchase Agreement No. A9274 (Attachment A) with Ennis-Flint, Inc. to provide paint for Palm Springs International Airport in an amount not to exceed $150,000 beginning December 01, 2022 through November 30, 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 CONTRACT SERVICES AGREEMENT NO. A9253 WITH JULIO G. ESCOBEDO, JR. DBA ESCOBEDO ENTERPRISES FOR ON-CALL LUGGAGE CART DISPENSER MAINTENANCE SERVICES
RECOMMENDATION:

Approve Contract Services Agreement A9253 with Julio G. Escobedo, Jr. dba Escobedo Enterprises to provide on-call luggage cart dispenser maintenance services in an amount not to exceed $100,000, for the initial term beginning November 29, 2022 through November 28, 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 A NOTICE TO PROCEED TO VEOLIA WATER WEST OPERATING SERVICES, INC. IN THE AMOUNT OF $171,568.50 FOR BARISTO ROAD SEWER PIPE SEGMENT, CITY PROJECT 22-41
RECOMMENDATION:

Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West Operating Services, Inc. in an amount not to exceed $171,568.50 for the Baristo Road Sewer Pipe Segment, City Project No. 22-41.
Authorize the Interim City Manager to execute all necessary documents.

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APPROVE AN AGREEMENT WITH THE DRUG ENFORCEMENT ADMINISTRATION TO PARTICIPATE IN PALM SPRINGS NARCOTICS TASK FORCE
RECOMMENDATION:

Approve Agreement No. A9275 with the Drug Enforcement Administration through September 30, 2026.
Authorize the Interim City Manager to execute all necessary documents.

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AWARD A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC. IN THE AMOUNT OF $363,789 FOR THE HIGH-INTENSITY ACTIVATED CROSSWALK BEACON (HAWK) SIGNAL, RACQUET CLUB ROAD AND VIA MIRALESTE, CITY PROJECT NO. 21-12
RECOMMENDATION:

Award a construction contract to Elecnor Belco Electric, Inc. (Belco), in the amount of $363,789 for the HAWK signal on East Racquet Club Road at North Via Miraleste, City Project No. 21-12 (“the Project”).
Authorize the Interim City Manager or designee to execute all necessary documents.

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PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR FISCAL YEAR 2021-22
RECOMMENDATION:
Receive and file the Palm Springs Board of Library Trustees Annual Report for Fiscal Year 2021-22. Click to View

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

PUBLIC HEARINGS:

AUTHORIZING ANNEXATION NO. 26 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
RECOMMENDATION:

Hold a Public Hearing on the matter.
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 26, TRACT MAP NO. 37935, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS.
Conduct the Special Annexation Landowner Election.
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 26, Tract Map No. 37935, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).
Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 26, TRACT MAP NO. 37935 INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).

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A REQUEST FOR AMENDMENTS TO PALM SPRINGS ZONING CODE CHAPTER 92.00 RELATED TO ZONING REGULATIONS FOR CHILDCARE USES (CASE 5.1566 ZTA)
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 CHAPTER 92.00 OF THE PALM SPRINGS ZONING CODE RELATED TO THE ZONING REQUIREMENTS FOR CHILDCARE USES (CASE 5.1566 ZTA).”

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BUSINESS & LEGISLATIVE:

CONDUCT SECOND READING (ADOPTION) OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS, AND TERMINATING THE MORATORIUM CURRENTLY IN PLACE REGARDING THE PROCESSING AND ISSUANCE OF VACATION RENTAL CERTIFICATES
RECOMMENDATION:
Conduct a second reading (adopt) 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, AND TERMINATING THE MORATORIUM CURRENTLY IN PLACE REGARDING THE PROCESSING AND ISSUANCE OF VACATION RENTAL CERTIFICATES.”
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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 an Ordinance entitled, “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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REQUEST TO ADD CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK VENDING, AND TO AMEND CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION
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 OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL CODE, ESTABLISHING REGULATIONS ON SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946."
Provide direction to staff on amendments to PSMC Chapter 6.15, “Mobile Food Vending Vehicles.”

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CLIMATE ACTION PROGRESS UPDATE
RECOMMENDATION:
Receive the report and 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 November 22, 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.