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 23, 2023

4:00 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

4:00PM CLOSED SESSION

Click to View

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:

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.

Click to View

APPROVAL OF PAYROLL AND WARRANTS RESOLUTION

RECOMMENDATION:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 02-04-23 AND 02-18-23 TOTALING $4,039,924.79 AND ACCOUNTS PAYABLE WARRANTS DATED 02-02-23 AND 02-16-23 TOTALING $7,028,544.68, IN THE AGGREGATE AMOUNT OF $11,068,469.47, DRAWN ON BANK OF AMERICA.
Click to View

APPROVAL OF MINUTES

RECOMMENDATION:

Approve the City Council Meeting Minutes of March 9, 2023. Click to View

STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 2023

RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of February 1 through February 28, 2023. 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 full reading of text in its entirety, read by title only, and conduct second reading/adoption of 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

ADOPTION OF THE 2023 AUTOMATIC AID AGREEMENT AND OPERATING PLAN BETWEEN THE PALM SPRINGS FIRE DEPARTMENT AND RIVERSIDE COUNTY FIRE DEPARTMENT

RECOMMENDATION:

Approve the 2023 Automatic Aid Agreement and Operating Plan between the Palm Springs Fire Department and the Riverside County Fire Department.
Authorize the Interim City Manager to execute the agreement.

Click to View

APPROVE SERVICE AGREEMENT NO. 23B043 WITH WGJ ENTERPRISES, INC., DBA PCI FOR AIRFIELD RUBBER AND PAINT REMOVAL AND PAINT APPLICATION SERVICES

RECOMMENDATION:

Approve Contract Services Agreement 23B043 (Attachment A) with WGJ Enterprises, Inc. dba PCI to provide airfield rubber and paint removal and paint application services in an amount not to exceed $660,000, for the initial three-year term beginning April 1, 2023, through March 31, 2026, with two one-year extension options at the City’s sole discretion; and
Appropriate $660,000 from Airport Fund 415 to the account 4157030.40105 budget; and
Authorize the City Manager or designee to execute all necessary documents.

Click to View

APPROVE AMENDMENT NO. 1 TO COOPERATIVE PURCHASE AGREEMENT NO. A9276 WITH AIRWAVE COMMUNICATIONS ENTERPRISES INC. FOR RADIO EQUIPMENT REPAIR, INSTALLATION, AND MAINTENANCE SERVICES

RECOMMENDATION:

Approve Amendment No. 1 to Cooperative Purchase Agreement A9276 (Attachment A) with Airwave Communications Enterprises Inc. to provide the old repeater and new repeater maintenance services and any radio repair and installation services for all City Departments in an amount not to exceed $300,000, and
Authorize the City Manager or designee to execute all necessary documents.

Click to View

APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 23C029 WITH BRIGHTLY SOFTWARE, INC. FOR FACILITIY MANAGEMENT SOFTWARE IN AN AMOUNT NOT TO EXCEED $31,268.65

RECOMMENDATION:

In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” approve Cooperative Purchase Agreement 23C029 (Attachment A) with Brightly Software, Inc., in an amount not to exceed $31,268.65 beginning April 1, 2023, continuing through March 31, 2026.
Authorize the City Manager or designee to execute all necessary documents.

Click to View

AWARD A SERVICE AGREEMENT WITH INTERVISTAS CONSULTING USA, LLC FOR FEDERAL INSPECTION SERVICES (FIS) FACILITY STUDY

RECOMMENDATION:

Award a one-year service agreement with InterVISTAS Consulting USA LLC for a two-phased study for a Federal Inspection Services (FIS) Facility Study for an estimated amount not to exceed $385,000 (Attachment A);
Appropriate $315,000 from Airport Fund 416 to the account 4167065-80000 budget; and
Authorize the City Manager or designee to execute the agreement.

Click to View

APPROVE AGREEMENT NO. 23B046 WITH DESERT FIRE EXTINGUISHER CO., INC. FOR FIRE SUPPRESSION AND FIRE EXTINGUISHER MAINTENANCE, TESTING, AND INSPECTION SERVICES

RECOMMENDATION:

Approve Contract Services Agreement 23B046 (Attachment A) with Desert Fire Extinguisher Co., Inc., to provide fire suppression system and fire extinguisher maintenance, testing, and inspection services for an amount not to exceed $300,000, beginning April 1, 2023, through March 31, 2026, with two one-year extension options at the City’s sole discretion;
Authorize the City Manager or designee to execute all necessary documents.

Click to View

APPROVAL OF A FOUR-YEAR COMMUNITY WORKFORCE ADMINISTRATION SERVICES AGREEMENT WITH TSG ENTERPRISES, INC. DBA THE SOLIS GROUP, IN AN AMOUNT NOT TO EXCEED $200,000

RECOMMENDATION:

Approve a four-year service agreement with TSG Enterprises, Inc. dba The Solis Group, for the administration of the City’s Community Workforce Agreement for an estimated amount not to exceed $200,000.
Authorize the City Manager or designee to execute the agreement.

Click to View

AWARD OF A CONSTRUCTION CONTRACT TO SELECT ELECTRIC, INC., IN THE AMOUNT OF $3,485,843 AND APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH KOA CORPORATION FOR CONSTRUCTION MANAGEMENT, INSPECTION, AND MATERIALS TESTING SERVICES FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (CYCLE 8), FEDERAL AID PROJECT NO. HSIPLN-5282(047), CITY PROJECT NO. 16-18

RECOMMENDATION:

Award a construction contract to Select Electric, Inc., a California corporation, in the amount of $3,485,843 for the Highway Safety Improvement Program (Cycle 8), Federal Aid Project No. HSIPLN-5282(047), City Project No. 16-18 (“the Project);
Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $348,584 (10%) with all change orders reported to the City Council at project completion;
Approve a Professional Services Agreement with KOA Corporation, a California corporation, in the amount of $442,259.55 for construction management, inspection and materials testing services for Highway Safety Improvement Project (Cycle 8), HSIPLN-5282(047), City Project No. 16-18; and,
Authorize the City Manager or designee to execute all necessary documents.

Click to View

APPROVE EXPENDITURE OF PUBLIC ARTS FUNDS IN THE AMOUNT OF $1,000 FOR OUTREACH AND EDUCATION SUPPLIES AND MATERIALS.

RECOMMENDATION:

Approve $1,000 of Public Arts Funds to purchase materials and supplies related to public arts community outreach and education. Click to View

APPROVE PUBLIC ART COMMUNITY GRANT IN THE AMOUNT OF $5,000 FOR THE RED DRAGON ART PIECE IN THE OLD LAS PALMAS NEIGHBORHOOD

RECOMMENDATION:

Approve Public Art Community Grant to the Old Las Palmas Neighborhood Organization in the amount of $5,000 for the Red Dragon artwork by artist Delos Van Earl on the West Chino Drive median, west of Belardo Road and east of North Cahuilla Road. Click to View

ACCEPTANCE OF PAVILION ACOUSTIC UPGRADES, CITY PROJECT 20-27

RECOMMENDATION:

Accept the public works improvement, identified as the subject project, as completed in accordance with the plans and specifications; and,
Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the subject project.

Click to View

APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE SKYLIGHT RAILING PROJECT, CITY PROJECT NO. 18-20

RECOMMENDATION:

Approve the plans, specifications, and estimate; and authorize Staff to advertise and solicit bids for the Skylight Railing Project, City Project No. 18-20 (“Project”). Click to View

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

RECOMMENDATION:

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

ACCEPTANCE OF THE TRAFFIC CALMING PROJECT FY21-22, CITY PROJECT 22-23

RECOMMENDATION:

Accept the public works improvement identified as Traffic Calming Project FY21-22, City Project No. 22-23, as completed in accordance with the plans and specifications; and,
Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Traffic Calming Project FY21-22, City Project No. 22-23.

Click to View

APPROVE EXPENDITURE OF PUBLIC ARTS FUNDS IN THE AMOUNT OF $6,500 TO PAINT BENCHES AND TABLES AS PART OF THE WORLD ART NIGHT EVENT AT DEMUTH PARK; APPROVE ARTIST AGREEMENTS WITH FOUR ARTISTS; AND APPROVE AMENDMENT TO AGREEMENT WITH TYSEN KNIGHT PRODUCTIONS FOR PUBLIC ART REPAIR AND MAINTENANCE SERVICES.

RECOMMENDATION:

Approve Artist Agreement with Manny Doublin in the amount of $1,500.
Approve Artist Agreement with Diane Morgan in the amount of $1,500.
Approve Artist Agreement with Jamie O'Neil in the amount of. $1,000.
Approve Artist Agreement with Isidro Zepeda in the amount of $1,000.
Approve Amendment No. 4 to the Agreement with Tysen Knight Productions for Public Arts projects repairs and maintenance services in the amount of $1,500 for a total amount of $21,500.

Click to View

RESOLUTION DECLARING SUPPORT FOR THE PROPOSED CHUCKWALLA NATIONAL MONUMENT DESIGNATION AND EXPANSION OF JOSHUA TREE NATIONAL PARK.

RECOMMENDATION:

Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS SUPPORT FOR DESIGNATION OF THE PROPOSED CHUCKWALLA NATIONAL MONUMENT AND EXPANSION OF JOSHUA TREE NATIONAL PARK.” Click to View

RATIFY THE NOMINATION OF THE CITY OF RANCHO MIRAGE TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION

RECOMMENDATION:

Appoint Keith Young, representing the City of Rancho Mirage, to the Palm Springs International Airport Commission effective immediately, for the remainder of the term, expiring July 1, 2024. Thomas Weil resigned from this term on December 23, 2022. Kevin Young is finishing out the remainder of the term.

Click to View

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

PUBLIC HEARINGS:

A REQUEST BY SELENE PALM SPRINGS, LLC, FOR AN AMENDMENT TO THE PREVIOUSLY APPROVED FINAL DEVELOPMENT PLANS AND TENTATIVE TRACT MAP FOR THE DREAM HOTEL TO INCLUDE THE ADDITION OF 24 CONDOMINIUM UNITS TO THE SOUTHEAST SECTION OF THE SITE; RECONFIGURATION OF THE 12 CONDOMINIUM UNITS AT THE NORTHWEST AREA OF THE SITE; AND AN INCREASE IN THE NUMBER OF TOWER CONDOMINIUM UNITS FROM 28 TO 29 UNITS AND MODIFICATIONS TO THE FINAL LANDSCAPE PLANS FOR THE DEVELOPMENT LOCATED AT THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD, ZONE PDD 333, SECTION 14. (CASE 5.1132-PD 333/TTM 35236)

THIS ITEM IS REQUESTED TO BE CONTINUED TO A DATE UNCERTAIN.
Click to View

AN APPLICATION BY DAVID HOWARD AND AN LY FOR HISTORIC DESIGNATION OF “THE HUTCHENS RESIDENCE” LOCATED AT 1177 EAST MESQUITE AVENUE, (APN #508-380-022), CASE HSPB #144

RECOMMENDATION:

Open the Public Hearing and receive public testimony.
Close the public hearing and adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE HUTCHENS RESIDENCE” LOCATED 1177 EAST MESQUITE AVENUE, AS A CLASS 2 (HISTORIC MERIT) HISTORIC RESOURCE HSPB #144, SUBJECT TO CONDITIONS (APN 508-380-022).”

Click to View

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

RECOMMENDATION:

Open the Public Hearing and receive public testimony.
Review the draft 2023-2024 CDBG Budget and Annual Action Plan and provide direction to staff
Schedule a Public Hearing for April 27, 2023, to approve and adopt the 2023-2024 CDBG Budget and Annual Action Plan.

Click to View

BUSINESS & LEGISLATIVE:

REQUEST TO APPROVE THE ENVIRONMENTALLY PREFERABLE PURCHASING POLICY.

RECOMMENDATION:

Approve the Environmentally Preferable Purchasing Policy (EPPP) and incorporate them as an attachment to the City’s Procurement and Contracting Policy (Title 7 of the City’s Municipal Code). 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, Cassandra Edney, 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 24, 2023, and posted on the City’s website as required by established policies and procedures.

____________________________
Cassandra Edney,
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.