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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.
            
           JANUARY 12, 2023          
 
                         
3:00 PM CLOSED SESSION
5:30 PM REGULAR MEETING

Grace Elena Garner, Mayor
Jeffrey Bernstein, Mayor Pro Tem
Ron deHarte, Councilmember
Christy Gilbert Holstege, Councilmember
Lisa Middleton, 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  
 
 
3:00 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 on Closed Session items by contacting the City Clerk's Office at 760-323-8204. 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 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.   APPROVAL OF MINUTES:

RECOMMENDATION:
Approve the City Council Meeting Minutes of December 5, 2022.
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C.   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 11-12-22 AND 11-26-22 TOTALING $4,623,724.67 AND ACCOUNTS PAYABLE WARRANTS DATED 11-10-22 AND 11-23-22 TOTALING $12,683,747.75, IN THE AGGREGATE AMOUNT OF $17,307,472.42, DRAWN ON BANK OF AMERICA."
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D.   RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2023

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CITY COUNCIL REGULAR MEETING PLACE, DAYS, AND TIME AND RESCINDING RESOLUTION NO. 24947.”
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E.   MODIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE PUBLIC EMPLOYEES ASSOCIATION OF PALM SPRINGS

RECOMMENDATION:
  1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE MODIFICATION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE PUBLIC EMPLOYEES ASSOCIATION OF PALM SPRINGS.” 
  2. Authorize the Interim City Manager to execute all necessary documents.
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F.   AUTHORIZE THE PURCHASE OF TURNOUT GEAR IN THE AMOUNT OF $117,710.32 FROM ALLSTAR FIRE EQUIPMENT, INC

RECOMMENDATION:
  1. In accordance with Section 7.09.010 of the Palm Springs Municipal Code, “Cooperative Purchasing Programs”, authorize the purchase of 37 sets of turnout gear for the Palm Springs Fire Department from Allstar Fire Equipment Inc., pursuant to Sourcewell Cooperative Purchasing Contract 032620-LIO, in the amount of $117,710.32.
  2. Authorize the Interim City Manager or designee to execute all necessary documents.
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G.   AMENDMENT NO. 3 TO AGREEMENT NO. A8884 WITH TYSEN KNIGHT PRODUCTIONS FOR MINOR REPAIRS AND MAINTENANCE OF PUBLIC ARTS PROJECTS

RECOMMENDATION:

Approve Amendment No. 3 to Agreement No. 8884 with Tysen Knight Productions for Public Arts projects repairs and maintenance services in the amount of $5,000 for a total contract amount of $20,000.
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H.   APPROVE PUBLIC ARTS FUNDING IN THE AMOUNT OF $20,000 FOR THE ASPHALT ART PROJECT ADJACENT TO THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER LOCATED AT 480 WEST TRAMVIEW ROAD

RECOMMENDATION:

Approve funding in the amount of $20,000 of Public Art Funds for an Asphalt Art Project adjacent to the James O. Jessie Desert Highland Unity Center. 
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I.   RATIFY CONTRACT AMENDMENT FOR TEMPORARY OVERNIGHT SHELTER SERVICES IN THE AMOUNT OF $105,464

RECOMMENDATION:
  1. Ratify Amendment No. 3 to Agreement No. A8922 with Martha’s Village and Kitchen, increasing the contract amount by $105,484 for a total contract amount not to exceed $317,534 for temporary overnight shelter services from January 2, 2023, to February 28, 2023.
  2. Authorize the Interim City Manager to make minor changes and execute all necessary documents. 
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J.   APPROVE A PLAN AMENDMENT TO THE CITY OF PALM SPRINGS RETIREMENT HEALTH SAVINGS PLAN TO INCLUDE MANDATORY EMPLOYEE COMPENSATION CONTRIBUTIONS BY ELIGIBLE PALM SPRINGS FIREFIGHTER ASSOCIATION EMPLOYEES

RECOMMENDATION:
  1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MODIFYING THE CITY OF PALM SPRINGS RETIREMENT HEALTH SAVINGS PLAN AGREEMENT TO INCLUDE EMPLOYEE COMPENSATION CONTRIBUTIONS BY ELIGIBLE PALM SPRINGS FIREFIGHTER ASSOCIATION EMPLOYEES.”
  2. Authorize the Interim City Manager to execute all documents necessary to effectuate this action.
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K.   APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 23-24A AND 23-24B) FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024, PURSUANT TO SECTION 34169(G)(1) OF CALIFORNIA HEALTH & SAFETY CODE
 
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 23-24 A&B) AND AN ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2024, PURSUANT TO THE CALIFORNIA HEALTH & SAFETY CODE.”
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L.   APPROVE AN AMENDMENT TO AGREEMENT A8503 WITH TYLER TECHNOLOGIES, INC. TO ADD PAYROLL, HR, AND BUDGET PREPARATION MODULES FOR $256,531 AND ADJUSTING THE FIVE-YEAR CONTRACT TOTAL TO $3,842,497

RECOMMENDATION:
  1. Approve an amendment to Agreement A8503 with Tyler Technologies, Inc. to add payroll, HR, and budget preparation modules for $256,531, including implementation costs, adjusting the five-year contract total to $3,842,497.
  2. Approve a contingency of $18,900 for unanticipated implementation costs.
  3. Appropriate $256,531 from Capital Projects fund balance.
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M.   APPROVAL OF AMENDMENT NO. 3 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-23

RECOMMENDATION:
  1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033.”
  2. Authorize the Interim City Manager to execute all documents necessary to effectuate this action.
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N.   TRIBAL SALES TAX AGREEMENT BETWEEN CITY OF PALM SPRINGS AND AGUA CALIENTE BAND OF CAHUILLA INDIANS REGARDING RIVERSIDE COUNTY TRANSPORTATION COMMISSION TRANSACTIONS AND USE TAX

RECOMMENDATION:
  1. Approve the Tribal Sales Tax Agreement.
  2. Authorize the Interim City Manager (or her designee) to execute the Tribal Sales Tax Agreement, as well as any other documents necessary to carry out the Agreement.
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O.   RATIFY THE NOMINATION OF THE CITY OF CATHEDRAL CITY TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION

RECOMMENDATION:

Appoint Tony Michaelis, representing the City of Cathedral City, to the Palm Springs International Airport Commission effective immediately for a term ending June 30, 2024.
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P.   ACCEPTANCE OF RESIGNATIONS FROM THE AIRPORT COMMISSION, HUMAN RIGHTS COMMISSION, AND SUSTAINABILITY COMMISSION

RECOMMENDATION:

Accept with regret the resignation of Thomas Weil from the Airport Commission, Terrie Andrade from the Human Rights Commission, and Randy Evans from the Sustainability Commission.
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Q.   SECOND READING AND ADOPTION OF ORDINANCE NO. 2074 APPROVING 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:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2074, “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 (CASE 5.1539 ZTA).”
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R.   SECOND READING AND ADOPTION OF ORDINANCE NO. 2076 APPROVING AMENDMENTS TO PALM SPRINGS ZONING CODE CHAPTER 92.00 RELATED TO ZONING REGULATIONS FOR CHILDCARE USES (CASE 5.1566 ZTA)

RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2076, "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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S.   APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST OPERATING SERVICES, INC. IN THE AMOUNT OF $598,828 FOR LIFT STATION NO. 1 IMPROVEMENTS, CITY PROJECT 22-43

RECOMMENDATION:
  1. Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West Operating Services, Inc. in an amount not to exceed $598,828 for Lift Station No. 1 Improvements, City Project No. 22-43
  2. Authorize the Interim City Manager 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:
 
A.   PROPOSED ORDINANCES ADOPTING AND AMENDING THE 2022 CALIFORNIA BUILDING STANDARDS CODE (TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS), THE 2022 CALIFORNIA FIRE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA EXISTING BUILDING CODE, THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, AND ADOPTING AND AMENDING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE

RECOMMENDATION:
  1. Open the public hearing and receive public testimony.
  2. Waive the second reading of the ordinance text in its entirety and adopt an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE I OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING BY REFERENCE, TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS, THE 2022 CALIFORNIA BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I, AND J; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX AH; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING CODE, INCLUDING APPENDICES A, B, D, G, H, I AND K; THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE 2022 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE 2022 CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, INCLUDING ALL APPENDICES."
  3. Waive the second reading of the ordinance text in its entirety and adopt an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE VI OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING BY REFERENCE, TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS, THE 2022 CALIFORNIA FIRE CODE, INCLUDING CERTAIN APPENDICES.”
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3.   BUSINESS & LEGISLATIVE:
 
A.   REVIEW AND MAKE APPOINTMENTS TO CITY COUNCIL SUBCOMMITTEES, CITY REPRESENTATIVES TO PROJECTS, LIAISONS TO CITY COMMISSIONS AND BOARDS, AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS

RECOMMENDATION:
Review and make appointments to the City Council Subcommittees, City Representatives to Projects, Liaisons to City Commissions and Boards, and Representatives to External Organizations. Adopt FPPC Form 806, authorize the City Clerk to prepare and execute FPPC Form 806 Public Official Appointments, and direct the City Clerk to post on the City’s website as required.
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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 January 6, 2023, 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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