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.

MARCH 9, 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 (Zoom): 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:
By motion, find that:

The City Council has reconsidered the circumstances of the state of emergency. Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety and welfare; and
State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and
The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings.

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APPROVAL OF MINUTES

RECOMMENDATION:
Approve the City Council Meeting Minutes of February 21, 2023. Click to View

APPROVE THE PURCHASE OF CORE SWITCHES FROM AMS.NET WITH FIVE YEARS OF SUBSCRIPTIONS AND SUPPORT

RECOMMENDATION:
Approve the purchase of four core switches with five years of subscriptions and support from AMS.NET for $126,400 based on a cooperative contract. Click to View

APPROVE A THREE-YEAR RENEWAL AGREEMENT WITH INNOVATIVE INTERFACES INC. FOR POLARIS INTEGRATED LIBRARY SYSTEM SOFTWARE, MAINTENANCE, AND HOSTING IN THE AMOUNT OF $97,807

RECOMMENDATION:
Approve a three-year renewal agreement with Innovative Interfaces Inc. (Attachment A) for Polaris Integrated Library System software, maintenance, and hosting for $97,807. Click to View

RATIFY THE NOMINATION OF THE CITY OF COACHELLA AND THE CITY OF INDIO TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION

RECOMMENDATION:

Appoint Denise Delgado, representing the City of Coachella, to the Palm Springs International Airport Commission effective immediately for a term ending January 25, 2027.
Appoint Rick Wise, representing the City of Indio, to the Palm Springs International Airport Commission effective April 1, 2023, for a term ending April 1, 2026.

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APPROVAL OF A COOPERATIVE CONTRACT FOR ELEVATOR AND ESCALATOR MAINTENANCE FOR THE PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve Cooperative Contract Agreement 23C004 with TK Elevator Corporation to provide elevator and escalator maintenance services in accordance with Section 7.09.010 “Cooperative Purchasing Programs,” of the Palm Springs Municipal Code, in an amount not to exceed $84,600 for the initial three-year term beginning on the date provided in the Notice to Proceed, with two one-year extension options at the City’s sole discretion.
Approve the appropriation of $28,200 for Fiscal Years 2022-2023, 2023-2024, and 2024-2025 from the Department of Aviation’s Fund 415 fund balance.
Authorize the City Manager or designee to execute all necessary documents.

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APPROVE AMENDMENT NO. 1 TO REGULATORY AGREEMENT AND DECLARATION OF COVENANTS AND RESTRICTIONS BETWEEN THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND 2990 TAHQUITZ CANYON WAY LP; AND APPROVE AMENDMENT NO. 3 TO REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PALM SPRINGS AND 2990 TAHQUITZ CANYON WAY LP

RECOMMENDATION:

Approve Amendment No. 1 to the Regulatory Agreement and Declaration of Covenants and Restrictions between the Successor Agency to the Palm Springs Community Redevelopment Agency and 2990 Tahquitz Canyon Way LP, a Delaware limited partnership.
Approve Amendment No. 3 to the Regulatory Agreement and Declaration of Restrictive Covenants between the Housing Authority of the City of Palm Springs, a housing authority of the State of California duly organized and existing under the laws thereof, and 2990 Tahquitz Canyon Way LP, a Delaware limited partnership.
Authorize the City Manager, or designee, to execute the Amendments, including making minor, non-substantive changes, and to sign all documents necessary.

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ACCEPT AN EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD FROM THE CALIFORNIA OFFICE OF EMERGENCY SERVICES, THROUGH THE COUNTY OF RIVERSIDE EMERGENCY MANAGEMENT DEPARTMENT, IN THE AMOUNT OF $13,062 TO BE USED TOWARDS THE PURCHASE OF EQUIPMENT FOR THE CITY’S EMERGENCY OPERATIONS CENTER

RECOMMENDATION:

Approve the acceptance of a 2022 Emergency Management Performance Grant Award from the California Office of Emergency Services (CalOES), through the County of Riverside Emergency Management Department, in the amount of $13,062.
Authorize the 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.

PUBLIC HEARINGS:

CONDUCT A TEFRA (TAX AND EQUITY FISCAL RESPONSIBILITY ACT) HEARING FOR THE PROPOSED ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY (CMFA) IN AN AMOUNT NOT TO EXCEED $20,000,000 FOR THE PURPOSE OF ASSISTING COMMUNITY PRESERVATION PARTNERS LLC ACQUIRE AND REHABILITATE SUNNYVIEW VILLAS AT 2900-2950 NORTH INDIAN CANYON DRIVE

RECOMMENDATION:

Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the “Code”).
Adopt a Resolution entitled, “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, REHABILITATION, IMPROVEMENT, AND EQUIPPING OF SUNNYVIEW VILLA AND CERTAIN OTHER MATTERS RELATING THERETO."
Authorize the Interim City Manager to execute all necessary documents.

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A REQUEST BY RIOS, ON BEHALF OF OLD LAS PALMAS PARTNERS, LLC, FOR THE APPROVAL OF A CHANGE OF ZONE APPLICATION TO AMEND THE CURRENT SPLIT ZONE DESIGNATIONS OF CBD (‘CENTRAL BUSINESS DISTRICT’) AND R-2 (‘LIMITED MULTIPLE-FAMILY RESIDENTIAL’) TO C-1 (‘RETAIL BUSINESS’) FOR A PROPOSED MIXED-USE PROJECT WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A 5,411-SQUARE-FOOT COMMERCIAL SPACE ON 2.4-ACRE UNDEVELOPED PARCELS LOCATED AT 575 NORTH PALM CANYON DRIVE, ZONE CBD/R-2, SECTION 10 (CASE 5.1541 CZ)

RECOMMENDATION:

Open the public hearing and receive public testimony.
Close the public hearing, introduce and waive further reading of an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1541 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT SPLIT ZONE DESIGNATIONS OF ‘CENTRAL BUSINESS DISTRICT’ (CBD) AND ‘LIMITED MULTIPLE-FAMILY RESIDENTIAL’ (R-2) TO ‘RETAIL BUSINESS’ (C-1) ENTIRELY FOR A PROPOSED MIXED-USE PROJECT WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A 5.411-SQUARE-FOOT COMMERCIAL SPACE ON 2.4-ACRE UNDEVELOPED PARCELS LOCATED AT 575 NORTH PALM CANYON DRIVE, ZONE CBD/R-2, SECTION 10.”

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BUSINESS & LEGISLATIVE:

FISCAL YEAR 2021-22 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM SPRING

RECOMMENDATION:
Receive and file the following Financial Audit Reports for the fiscal year June 30, 2022:

Annual Comprehensive Financial Report (ACFR)
Audit Communication Letter to the City Council
Passenger Facility Charge (PFC) Report
Housing Successor Audit Communication Letter to the City Council
Public Financing Authority Financial Statements
Measure J Fund Report Annual Financial Report
Measure D Independent Accountant’s Agreed Upon Procedures
Measure A Independent Accountant’s Agreed Upon Procedures (Conrad CPA Firm)

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COUNCIL REQUEST FOR REVIEW OF A DECISION BY THE PUBLIC ARTS COMMISSION TO DENY AN APPLICATION BY DESERT PEAK ENERGY AND WINTEC ENERGY, LTD, FOR REIMBURSEMENT OF $375,000 IN PUBLIC ART FUNDS FOR A PUBLIC ART PROJECT TO BE LOCATED AT 62950 20TH AVENUE; AND A REQUEST FOR WAIVERS OF THE ART PLACEMENT REQUIREMENT AND REIMBURSEMENT PROCESS AS CONTAINED IN PALM SPRINGS MUNICIPAL CODE CHAPTER 3.37.

RECOMMENDATION:

Consider the application request and review all applicable testimony.
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE REIMBURSEMENT OF $375,000 IN PUBLIC ART FUNDS TO DESERT PEAK ENERGY AND WINTEC ENERGY, LTD, FOR A PUBLIC ART PROJECT LOCATED AT 62950 20TH AVENUE; AND APPROVAL OF WAIVERS OF THE ART PLACEMENT REQUIREMENT AND REIMBURSEMENT PROCESS AS CONTAINED IN PALM SPRINGS MUNICIPAL CODE CHAPTER 3.37.”

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REQUEST TO ADD CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK VENDING; AN AMENDMENT TO CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION; AND AMENDMENTS TO CHAPTER 6.15 RELATING TO THE REGULATION OF MOBILE FOOD VENDING VEHICLES

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; AN AMENDMENT TO CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION; AND AMENDMENTS TO CHAPTER 6.15 RELATIVE TO MOBILE FOOD VENDING VEHICLES.”

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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 Friday, March 3, 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.