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.

JANUARY 26, 2023

3:30 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 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 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:

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 December 12, December 15, 2022, and January 7, January 12, and January 13, 2023. 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 12-10-22 AND 12-24-22 TOTALING $4,400,085.74 AND ACCOUNTS PAYABLE WARRANTS DATED 12-08-22 AND 12-22-22 TOTALING $6,801,888.83, IN THE AGGREGATE AMOUNT OF $11,201,974.57, DRAWN ON BANK OF AMERICA." Click to View

STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF DECEMBER 1 THROUGH DECEMBER 31, 2022

RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of December 1 through December 31, 2022 Click to View

APPROVE ROSTER OF CITY COUNCIL SUBCOMMITTEES AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS

RECOMMENDATION:

Approve the roster of City Council subcommittees and representatives to external organizations.
Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.

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APPROVAL OF SISTER CITY PROGRAM AGREEMENT

RECOMMENDATION:
Approve the Sister Cities International Partnership Agreement between the cities of Palm Springs, CA, U.S., and San Miguel de Allende, Guanajuato, Mexico. Click to View

APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9068 WITH M. BREY ELECTRIC, INC. FOR ELECTRICAL MAINTENANCE AND INSTALLATION SERVICES AND APPROPRIATE $50,000 FROM THE GENERAL FUND BALANCE

RECOMMENDATION:

Approve Amendment No. 1 to Agreement No. A9068 with M. Brey Electric, Inc., to provide electrical maintenance and installation services in an additional amount of $150,000 for a total revised contract amount not to exceed $750,000 through April 10, 2025.
Appropriate $50,000 from General Fund Balance to the Facilities Maintenance Fund for this purchase.
Authorize the Interim City Manager or designee to execute all necessary documents.

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APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9071 WITH KINCAID INDUSTRIES, INC. FOR PLUMBING MAINTENANCE AND INSTALLATION SERVICES AND APPROPRIATE $100,000 FROM GENERAL FUND BALANCE

RECOMMENDATION:

Approve Amendment No. 1 to Agreement No. A9071 with Kincaid Industries, Inc., to provide plumbing maintenance and installation services in an additional amount of $300,000 for a total revised contract amount not to exceed $600,000 through April 10, 2025.
Appropriate $100,000 from General Fund Balance to the Facilities Maintenance Fund for this purchase.
Authorize the Interim City Manager or designee to execute all necessary documents.

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APPROVAL OF CONTRACT SERVICES AGREEMENT NO. A9338 WITH DATA TICKET, INC. TO PROVIDE PARKING CITATION MANAGEMENT SERVICES

RECOMMENDATION:

Approve contract services agreement No. A9338 with Data Ticket, Inc. to provide parking citation processing and management services in an estimated amount of $20,861.80 annually for a period of five years.
Authorize the Interim City Manager to execute all necessary documents.

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AWARD CONTRACT SERVICES AGREEMENT NO. A9391 WITH MEAD & HUNT, INC. FOR PROFESSIONAL CONSULTING SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT COMPREHENSIVE AIRPORT MASTER PLAN

RECOMMENDATION:

Approve contract services agreement No. 9391 with Mead & Hunt, Inc. to provide a comprehensive Airport Master Plan in 30 months in an amount not to exceed $2,275,816.
Appropriate funds in the amount of $2,275,816 from Airport Capital Project Fund Balance in Fiscal Year 2023.
Authorize the Interim City Manager or designee to execute all necessary documents.

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APPROVE CONTRACT SERVICES AGREEMENT NO. 23B002 WITH WASTE EQUIPMENT SALES & SERVICE, INC., DBA WESSCO, FOR TWO TRASH COMPACTORS FOR PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve contract services agreement 23B002 with Waste Equipment Sales & Service, Inc. dba Wessco to provide two new roll-off trash compactors at the Palm Springs International Airport in an amount not to exceed $123,451.41.
Appropriate $23,451.41 from Airport Fund 416 Special Capital Project Fund Balance.
Authorize the Interim City Manager or designee to execute all necessary documents.

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AUTHORIZE WAIVER OF CITY FEES TO HOCKER PRODUCTIONS FOR THE 2023 PALM SPRINGS HEALTH RUN & WELLNESS FESTIVAL AT RUTH HARDY PARK

RECOMMENDATION:

Authorize a waiver of City fees to Hocker Productions in the amount of $5,705 for support of the 2023 Palm Springs Health Run & Wellness Festival.
Authorize the Interim City Manager to execute all necessary documents.

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APPROVE APPROPRIATION OF $405,000 FROM GENERAL FUND BALANCE TO CODE COMPLIANCE DEPARTMENT FOR ABATEMENT SERVICES

RECOMMENDATION:
Approve appropriation of $405,000 from General Fund Balance to the Code Compliance Department for abatement services.
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APPROVE AGREEMENT NO. 23B003 WITH MOORE FENCE COMPANY, INC. FOR ON-CALL FENCE REPAIR AND INSTALLATION SERVICES

RECOMMENDATION:

Approve contract services agreement No. 23B003 with Moore Fence Company, Inc. to provide on-call fence repair and installation services for an amount not to exceed $300,000 beginning February 1, 2023, through January 31, 2026, 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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EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

PUBLIC HEARINGS:

APPEAL BY 12 @ LAS PALMAS, LLC OF THE DECISION OF THE PLANNING COMMISSION TO CONDITIONALLY APPROVE A CONDITIONAL USE PERMIT, MAJOR DEVELOPMENT PERMIT AND TENTATIVE TRACT MAP TO CONSTRUCT A 12-UNIT MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT CONSISTING OF FOR-SALE CONDOMINIUMS ON A 0.95-ACRE SITE LOCATED AT 1424 CAMINO NORTE (CASE NOS. 3.4289 MAJ/DP, 5.1554 CUP & TTM 38416)

RECOMMENDATION:

Open the hearing and receive public testimony.
Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY 12 @ LAS PALMAS, LLC AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE MAJOR DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP APPLICATIONS FOR THE CONSTRUCTION OF A NON-GATED, 12-UNIT MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT CONSISTING OF FOR-SALE CONDOMINIUMS ON A 0.95-ACRE SITE LOCATED AT 1424 CAMINO NORTE, CASE NOS. 3.4289 MAJ/DP, 5.1554 CUP & TTM 38416.”

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BUSINESS & LEGISLATIVE:

APPROVAL OF CITY MANAGER EMPLOYMENT AGREEMENT WITH SCOTT STILES, ICMA-CM, AND VERBAL REPORT REGARDING COMPENSATION TERMS

RECOMMENDATION:

Verbally Report a Summary of Compensation; and
Approve Employment Agreement Appointing Scott Stiles as City Manager, effective March 6, 2023, and Setting Compensation and Other Terms of Employment.

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A REQUEST BY THE CITY OF PALM SPRINGS FOR ADOPTION OF AN URGENCY ORDINANCE TO IMPLEMENT SENATE BILL 897 REQUIREMENTS FOR ACCESSORY DWELLING UNITS, CASE 5.1569 ZTA (4/5ths VOTE REQUIRED)

RECOMMENDATION:
Waive the reading of the Ordinance text in its entirety, read by title only, and adopt an urgency Ordinance entitled, "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.23.14 OF THE CITY OF PALM SPRINGS MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.” Click to View

INTRODUCTION OF AN ORDINANCE, ENTITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED “GENERAL RULES AND REGULATIONS” AND SECTION 11.08.080, RELATING TO TRESPASS ON RESIDENTIAL AND PUBLIC PROPERTY”

RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only.
2. Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED “GENERAL RULES AND REGULATIONS” AND SECTION 11.08.080, RELATING TO TRESPASS ON RESIDENTIAL AND PUBLIC PROPERTY.” Click to View

DISCUSSION ON DISPOSITION OF DESERT HIGHLAND GATEWAY ESTATES 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 AN UPDATE TO 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 PALMS SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO ADULT-ORIENTED BUSINESS REGULATIONS AND AMENDING 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, 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 20, 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.