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.

FEBRUARY 21, 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: 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 February 9, 2023. Click to View

APPROVE COOPERATIVE PURCHASE AGREEMENT NO. A9374 WITH AIRWAVE COMMUNICATIONS ENTERPRISES INC., FOR FIRE DEPARTMENT RADIOS AND INSTALLATION SERVICES

RECOMMENDATION:

Approve Cooperative Purchase Agreement No. A9374 with Airwave Communications Enterprises Inc., to provide PSEC compatible radios and installation services for the City of Palm Springs Fire Department in an amount not to exceed $149,926.59.
Authorize the Interim City Manager or designee to execute all necessary documents.

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APPROVE THE PURCHASE OF NEXT-GENERATION FIREWALLS WITH FIVE YEARS OF SUBSCRIPTIONS AND SUPPORT

RECOMMENDATION:
Approve the purchase of next-generation firewalls with five years of subscriptions and support from Vector USA for $248,087 based on a cooperative contract. Click to View

ACCEPT A GRANT AWARD FROM THE CALIFORNIA STATE LIBRARY IN THE AMOUNT OF $99,581 AND APPROVE THE PURCHASE OF NETWORKING EQUIPMENT FROM AMS.NET IN THE AMOUNT OF $87,198

RECOMMENDATION:

Accept a grant award from the California State Library in the amount of $99,581 and appropriate to Information Technology Department Account 1001025-40105.
Approve the purchase of networking equipment from AMS.Net for $87,198 through a cooperative contract.

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APPROVAL OF PLANS, SPECIFICATIONS, ESTIMATE, AND AUTHORIZATION TO BID ARNICO PHASE 4 SEWER IMPROVEMENTS, CITY PROJECT 21-17

RECOMMENDATION:
Accept the plans, specifications, estimate, and authorize Staff to advertise and solicit bids for the Arnico Phase 4 Sewer Improvements, City Project 21-17. Click to View

AWARD A CONSTRUCTION CONTRACT TO STEVE P. RADOS, INC. IN THE AMOUNT OF $40,253,919.80, APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED $4,126,517.54 FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, AND APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO. 7228 WITH DOKKEN ENGINEERING IN AN AMOUNT NOT TO EXCEED $83,630 FOR ADDITIONAL GEOTECHNICAL SERVICES FOR THE INDIAN CANYON DRIVE WIDENING, FEDERAL AID PROJECT NO. BRLO-5282(017), CITY PROJECT NO. 01-11

RECOMMENDATION:

Award a construction contract to Steve P. Rados, Inc., (Rados) in the amount of $40,253,919.80 for the Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11.
Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $4,025,392 (10%), with all change orders reported to the City Council.
Approve a Professional Services Agreement with Harris & Associates (Harris), in an amount not to exceed $4,126,517.54, for construction management, inspection, and materials testing services for Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11.
Approve Amendment No. 3, in the amount of $83,630, to Professional Services Agreement No. 7228, for a new not-to-exceed amount of $305,386.75 with Dokken Engineering (Dokken) for Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11.
Authorize the City Manager to execute all necessary documents.

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APPROVE USE OF PUBLIC ART FUNDS IN THE AMOUNT OF $3,000 FOR THE SUNUP ROTARY CHALK ART FESTIVAL

RECOMMENDATION:
APPROVE USE OF PUBLIC ART FUNDS IN THE AMOUNT OF $3,000 FOR THE SUNUP ROTARY CHALK ART FESTIVAL Click to View

APPROVAL OF PLANS, SPECIFICATIONS, ESTIMATE, AND AUTHORIZATION TO BID WASTEWATER TREATMENT PLANT (WWTP) SLUDGE DRYING BEDS, CITY PROJECT 21-05

RECOMMENDATION:
Accept the plans, specifications, estimate, and authorize Staff to advertise and solicit bids for the WWTP Sludge Drying Beds, City Project 21-05. Click to View

SECOND READING AND ADOPTION OF ORDINANCE NO. 2082 OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 5.77 RELATING TO ADULT-ORIENTED BUSINESSES

RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2082, “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.” Click to View

APPROVAL OF AMENDMENT NO. 4 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. 4 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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STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JANUARY 1 THROUGH JANUARY 31, 2023

RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of January 1 through January 31, 2023. Click to View

APPROVE AN APPROPRIATION OF $392,000 FROM THE GENERAL FUND BALANCE TO THE BUILDING & SAFETY DEPARTMENT FOR CONTRACTUAL SERVICES

RECOMMENDATION:
Approve an appropriation of $392,000 from the General Fund Balance to the Building & Safety Department for contractual services. Click to View

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

PUBLIC HEARINGS:

AN APPLICATION BY THE VILLA ROMA HOMEOWNERS ASSOCIATION FOR HISTORIC DISTRICT DESIGNATION OF “THE VILLA ROMA GARDEN HOMES” LOCATED AT 2500 SOUTH SIERRA MADRE DRIVE, (MASTER APN #512-120-070), CASE HSPB #140

RECOMMENDATION:

Open the public hearing and receive public testimony.
Close the public hearing and if in agreement with the HSPB recommendation, adopt the following resolution and if not in support of the HSPB recommendation, deny a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE VILLA ROMA GARDEN HOMES LOCATED AT 2500 SOUTH SIERRA MADRE DRIVE AS A HISTORIC DISTRICT “HD-9” / CASE HSPB 140 SUBJECT TO CONDITIONS (MASTER APN 512-120-070).”

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DTPS B-3 LLC REQUEST FOR EXTENSION OF TIME FOR A TENTATIVE TRACT MAP APPROVAL ASSOCIATED WITH THE CONSTRUCTION OF A SIX STORY, 73,300-SQUARE FOOT MIXED USE BUILDING (MULTI-FAMILY RESIDENTIAL CONDOMINIUMS AND COMMERCIAL) WITH 45 FOR-SALE RESIDENTIAL UNITS AND GROUND FLOOR COMMERCIAL LOCATED ON BLOCK “B” OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT 200 NORTH BELARDO ROAD, ZONE CBD (CASE NO. TTM 37935 EOT)

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, APPROVING A one-year EXTENSION OF TIME FOR CASE NO. TTM 37935; A tentative tract map for a one-lot subdivision for condominium purposes (45 RESIDENTIAL UNITS) ON BLOCK B OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN LOCATED AT THE NORTHEAST CORNER OF BELARDO ROAD AND MUSEUM WAY.”

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CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS COVENANT BETWEEN THE CITY OF PALM SPRINGS AND BELL LOFTS, LLC, A CALIFORNIA LIMITED COMPANY (DBA DESCANSO RESORT) PURSUANT TO THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM

RECOMMENDATION:

Open the public hearing and receive public testimony.
Approve a Hotel Operations Covenant Agreement with Bell Lofts, LLC for the Descanso Resort located at 288 East Camino Monte Vista.
Authorize the City Manager to execute all necessary documents.

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BUSINESS & LEGISLATIVE:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TERMINATING THE LOCAL COVID-19 EMERGENCY, EFFECTIVE FEBRUARY 28, 2023; DIRECTION REGARDING THIRD-PARTY FOOD DELIVERY FEES AND TELECONFERENCING

RECOMMENDATION:

Adopt a resolution proclaiming the termination of the existence of a Local Emergency (Novel Coronavirus “COVID-19”) declared March 14, 2020, and rescinding Resolution No. 24738, which ratified the City Manager/Director of Emergency Services’ Declaration of the Existence of a Local Emergency for COVID-19.
Provide direction to City staff and City Attorney with regard to:
- Service delivery fee regulation; and
- Teleconferencing by Councilmembers/Boardmembers/Commissioners

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COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023–2024 ANNUAL ACTION PLAN AND BUDGET DISCUSSION

RECOMMENDATION:
Provide staff with recommendations for the CDBG Annual Action Plan and Budget for the 2023 – 2024 Fiscal Year. Click to View

APPROVAL OF SCOPE OF WORK AND AUTHORIZE REQUEST FOR QUALIFICATIONS (RFQ) FOR ARCHITECTURE AND DESIGN SERVICES FOR THE PALM SPRINGS PUBLIC LIBRARY RENOVATION, CITY PROJECTS 16-08 AND 19-18

RECOMMENDATION:
Review and approve the additional unfunded Scope of Work to be included in the RFQ and authorize Staff to advertise and solicit through an RFQ process for the Palm Springs Public Library renovation project, City Projects 16-08 and 19-18. Click to View

GENERAL FUND, CAPITAL, AND AIRPORT MID-YEAR FISCAL YEAR 2022-23 BUDGET UPDATE

RECOMMENDATION:
Receive and file. Click to View

DISCUSSION REGARDING REGULATORY APPROACH TO MANAGED CO-OWNED PROPERTIES (PACASO)

RECOMMENDATION:
Discuss and provide direction to staff regarding a possible regulatory approach to managed co-owned properties. Click to View

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 February 15, 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.