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.

MAY 11, 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 Click to View

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 (Small Conference Room): 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 April 27, 2023. Click to View

APPROVAL OF 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 04-01-23 AND 04-15-23 TOTALING $4,321,361.73 AND ACCOUNTS PAYABLE WARRANTS DATED 03-30-23 AND 04-13-23 TOTALING $7,534,567.47, IN THE AGGREGATE AMOUNT OF $11,855,929.20, DRAWN ON BANK OF AMERICA." Click to View

APPROVE CONTRACT SERVICES AGREEMENT NO. 23P064 WITH GOVERNMENT REVENUE SOLUTIONS HOLDINGS I, LLC, DBA AVENU INSIGHTS & ANALYTICS, LLC, FOR TRANSIENT OCCUPANCY TAX AUDIT SERVICES

RECOMMENDATION:

Approve Contract Services Agreement No. 23P064 (Attachment A) with Government Revenue Solutions Holdings I, LLC, DBA Avenu Insights & Analytics, LLC, to provide transient occupancy tax audit services for a five-year term in an amount not to exceed $570,000 beginning July 1, 2023 through June 30, 2028.
Authorize the City Manager or designee to execute all necessary documents.

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AWARD OF A CONSTRUCTION CONTRACT TO CALTEC CORPORATION IN THE AMOUNT OF $1,805,000 FOR THE AIRPORT COMMON USE PODIUMS - BONO CONCOURSE, CITY PROJECT 21-28

RECOMMENDATION:

Approve the construction contract with CALTEC Corporation, a California corporation, in the amount of $1,805,000 for the Airport Common Use Podiums - Bono Concourse, City Project No. 21-28.
Authorize the City Manager or his designee to execute all necessary documents.
Appropriate $1,411,654 from Airport Special Capital Projects fund balance.

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APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9069 WITH ALLISON MECHANICAL, INC. FOR HVAC MAINTENANCE AND INSTALLATION SERVICES

RECOMMENDATION:

Approve Amendment No. 1 to Agreement No. A9069 with Allison Mechanical, Inc., to provide HVAC Maintenance and Installation Services in an additional amount of $300,000 for a total revised contract amount not to exceed $900,000 through April 10, 2025.
Authorize the City Manager or designee to execute all necessary documents.

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APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9136 WITH PUB CONSTRUCTION, INC., FOR BUILDING REPAIR AND RENOVATION SERVICES

RECOMMENDATION:

Approve Amendment No. 1 to Agreement No. A9136 (Attachment A) with PUB Construction, Inc., to provide building repair and renovation services in an additional amount of $450,000 for a total revised contract amount not to exceed $750,000 through June 19, 2025.
Authorize the City Manager or designee to execute all necessary documents.

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APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT OF $126,500 FOR PURCHASE OF THE ARTWORK “CRAWLER” BY ARTIST RYAN CAMPBELL FOR PLACEMENT AT THE SOUTHEAST CORNER OF MUSEUM WAY AT MUSEUM DRIVE (BLOCK H2)

RECOMMENDATION:

Appropriate Public Art Funds (Fund 150) in the amount of $126,500 to account #1502550-60030.
Approve the expenditure of Public Art Funds in the amount of $126,500 for the “Crawler” Public Art Project.
Approve placement of the artwork “Crawler” at the southeast corner of Museum Way at Museum Drive.
Approve Agreement for Purchase and Sale of Public Artwork with artist Ryan Campbell for the artwork “Crawler.”
Authorize the City Manager to execute all necessary documents to facilitate the purchase and installation costs of the artwork “Crawler.”

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APPROVAL OF THE FISCAL YEAR 2023/2024 CSA 152 SPECIAL ASSESSMENT RATE

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2023/2024 TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.” Click to View

APPROVE MEMORANDUM OF UNDERSTANDING WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS TO PROVIDE CASE MANAGEMENT AND OUTREACH SERVICES TO HOMELESS INDIVIDUALS IN THE COACHELLA VALLEY FOR A TERM OF THREE YEARS AT $100,000 PER YEAR, TOTALING $300,000

RECOMMENDATION:

Approve a Memorandum of Understanding with the Coachella Valley Association of Governments in the amount of $300,000 to provide services to unhoused individuals and families in the Coachella Valley and the City of Palm Springs.
Authorize the City Manager to execute all necessary documents to facilitate the implementation of the Memorandum of Understanding.

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ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR) FOR THE 2022 CALENDAR YEAR FOR FILING WITH THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

RECOMMENDATION:

Accept the report as presented; and
Direct staff to make no changes to the report filed on April 1, 2023 (and subsequently revised) with the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.

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APPROVAL OF A PURCHASE ORDER TO KIMLEY-HORN AND ASSOCIATES FOR ON-CALL TRAFFIC ENGINEERING SERVICES FOR CITYWIDE TRAFFIC SIGNAL SYSTEM UPGRADES FOR CITY PROJECT 21-10

RECOMMENDATION:

Approve a purchase order in an amount not to exceed $135,250 with Kimley-Horn, pursuant to the City’s “on-call” agreement (A8342), for traffic engineering services for the subject project.
Delegate authority to the City Manager or designee to approve contract amendments up to a total amount of $27,050 (20%).
Authorize the City Manager to execute all necessary documents.

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APPROPRIATE FUNDING AND APPROVAL EXPENDITURE IN THE AMOUNT OF $40,500 FOR A ONE-YEAR INSTALLATION, FROM JULY 1, 2023, TO JUNE 30, 2024, OF THE ARTWORK “THE ONLY OTHER THING IS NOTHING” BY ARTIST MICHAEL BIRNBERG (AKA MIDABI) FOR PLACEMENT AT THE SOUTHEAST CORNER OF MUSEUM WAY AT MUSEUM DRIVE

RECOMMENDATION:

Appropriate Public Art Funds (Fund 150) in the amount of $40,500 to account #1502550-60030.
Approve the expenditure of Public Art Funds in the amount of $$40,500 for the “The Only Other Thing is Nothing” Art Project.
Approve placement of the artwork “The Only Other Thing is Nothing” at the southeast corner of Museum Way at Museum Drive.
Authorize the City Manager to execute all necessary documents to facilitate the temporary installation of the artwork “The Only Other Thing is Nothing.”

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REPORT ON CITY COUNCIL STRATEGIC VISIONING SESSION

RECOMMENDATION:

Receive and file. Click to View

APPROVE SERVICE AGREEMENT NO. 23B079 WITH WEST AVIATION SERVICES-SAN DIEGO DBA SIERRA AVIATION GROUP FOR BAGGAGE RELOCATION SERVICES

RECOMMENDATION:

Approve Contract Services Agreement No. 23B079 with West Aviation Services-San Diego DBA Sierra Aviation Group for baggage relocation and wayfinding services in an amount not to exceed $2,000,000 for the initial three-year term beginning June 1, 2023, through May 31, 2026, with two one-year extension options at the City’s sole discretion.
Authorize the City Manager or his designee to execute all necessary documents.

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ACCEPT A GRANT AWARD FROM THE CALIFORNIA PUBLIC UTILITIES COMMISSION IN THE AMOUNT OF $80,546 FOR BROADBAND ADOPTION SERVICES AT THE PALM SPRINGS PUBLIC LIBRARY

RECOMMENDATION:

Accept a grant award from the California Public Utilities Commission in the amount of $80,546 for broadband adoption services at the Palm Springs Public Library.

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APPROVE COOPERATIVE AGREEMENT WITH CODE 3 TECHNOLOGY FOR THE PURCHASE, INSTALLATION AND EXTENDED WARRANTY COVERAGE OF GETAC MOBILE COMPUTERS FOR THE POLICE AND FIRE DEPARTMENTS

RECOMMENDATION:

Approve Contract Service Agreement 23C105 with Code 3 Technology for the purchase, installation, and extended warranty coverage of ruggedized Getac computers for use by the Police and Fire Departments, in an amount not to exceed $590,508.35.
Authorize the City Manager or their 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:

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), AND CONSIDERATION OF A SETTLEMENT AND DEVELOPMENT AGREEMENT TO FACILITATE THE COMPLETION OF THE PROJECT

RECOMMENDATION:

Open the public hearing and receive public testimony.
Close the public hearing and adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PROPOSED AMENDMENT TO THE FINAL DEVELOPMENT PLANS OF A PREVIOUSLY APPROVED FINAL PDD TO INCLUDE THE ADDITION OF TWENTY-FOUR RESIDENTIAL UNITS; ELIMINATING THE EVENT CENTER AT THE SOUTHEAST SECTION OF THE SITE; RECONFIGURATION OF TWELVE CONDOMINIUM UNITS AT THE NORTHWEST SECTION OF THE SITE; AMENDING THE RESIDENTIAL TOWER BY ADDING ONE MORE UNIT TO INCREASE THE NUMBER OF CONDO UNITS FROM 40 UNITS TO 65 UNITS; AND MINOR MODIFICATIONS TO THE FINAL LANDSCAPE PLANS OF THE DREAM HOTEL LOCATED AT 450 NORTH CALLE ALVARADO ROAD, ZONE PDD 333, SECTION 14.”
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SETTLEMENT AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND SELENE PALM SPRINGS LLC RELATED TO THE DEVELOPMENT OF THE DREAM HOTEL PROJECT.”
Approve and authorize the City Manager to execute the Settlement and Development Agreement, attached hereto in substantially final form and subject to minor modifications as approved by the City Manager and City Attorney, and to take all necessary actions to achieve the intent of this Agreement.

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BUSINESS & LEGISLATIVE: None.

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 May 5, 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.