Agenda

CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
JOINT MEETING WITH MEASURE "J" COMMISSION
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.

JUNE 5, 2023

4:30 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
Scott C. Stiles, City Manager

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

4:30 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 (Small Conference Room): See Closed Session Agenda.

5:30 P.M. JOINT MEETING
CITY COUNCIL AND MEASURE "J" COMMISSION

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

Public Comment: This time has been set aside for members of the public to address the City Council and Measure "J" Commission only on the Joint Meeting agenda item. Two (2) minutes will be assigned to each speaker.

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.

MEASURE J FUND BUDGET FOR FISCAL YEARS 2023-24 AND 2024-25

RECOMMENDATION:

Provide direction to staff on any changes to the fiscal year 2023-24 and fiscal year 2024-25 budgets as adopted and recommended by the Measure J Commission.
Adopt the Measure J Budget.

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Adjournment:

Regular City Council Meeting

CALL TO ORDER:

ROLL CALL:

PRESENTATIONS:

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES

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:
1. 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
2. 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
3. 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

MEMORANDA OF UNDERSTANDING WITH THE PALM SPRINGS PUBLIC EMPLOYEES ASSOCIATION OF PALM SPRINGS AND THE MANAGEMENT ASSOCIATION OF PALM SPRINGS

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS PUBLIC EMPLOYEES ASSOCIATION AND THE MANAGEMENT ASSOCIATION OF PALM SPRINGS FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2026, SUBJECT TO ASSOCIATIONS EXECUTING THE MEMORANDUM OF UNDERSTANDING.”
Authorize the City Manager to execute the Memorandum of Understanding (MOU) and all documents necessary to effectuate the above action, including the allocation and compensation plans, salary schedules, agreements and contracts, and any non-substantial MOU language or reorganization.

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ACCEPTANCE OF THREE FEDERALLY FUNDED GRANTS FOR THE AIRPORT MASTER PLAN/GIS STUDY, THE INBOUND BAGGAGE CLAIM SYSTEM AND THE OUTBOUND BAGGAGE HANDLING SYSTEM EXPANSION-DESIGN, FOR FUNDING OF THE PALM SPRINGS INTERNATIONAL AIRPORT PROJECTS

RECOMMENDATION:

Approve acceptance of Federal Aviation Administration AIP Grant No. 3-06-0181-067-2023 for Airport Master Plan/GIS Study in the amount of $2,108,584.
Approve acceptance of Federal Aviation Administration BIL-ATP Grant for Inbound Baggage Claim System in the amount of $5,700,000.
Approve acceptance of Transportation Security Administration OTA Grant for Outbound Baggage Handling System Expansion-Design in the amount of $1,388,995.
Authorize the City Manager or designee to execute all necessary grant documents.

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APPROVAL OF AMENDMENT NO. 6 TO THE AIRPORT CAR RENTAL CONCESSIONAIRE AGREEMENTS AND APPROVAL OF AMENDMENT NO. 7 FOR AVIS-BUDGET AT PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve Amendment No. 6 and Avis-Budget Amendment No. 7 (Attachment A) to all Airport rental car concession agreements doing business as eight car rental agencies at PSP which include: Avis/Budget Car Rental, LLC (Amendment No. 7), The Hertz Corporation (Amendment No.6), Enterprise Rent-A-Car, LLC dba Alamo Rent a Car / National Car Rental (Amendment No. 6), Enterprise Rent-A-Car Company of Los Angeles (Amendment No. 6), DTG Operations, Inc. dba Dollar Rent a Car /Thrifty Car Rental (Amendment No. 6)
Authorize the City Manager or his designee to execute all necessary documents.

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APPROVE CONSULTING SERVICES AGREEMENT NO. 23Q112 FOR THE DESIGN OF AN INLINE BAGGAGE HANDLING SYSTEM FOR THE PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve Consulting Services Agreement No. 23Q112 (Attachment A) with AECOM Technical Services, Inc. to provide inline baggage handling system design services for the Airport for a three-year term in an amount not to exceed $3,174,638.
Authorize the City Manager or designee to execute all necessary documents.

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AUTHORIZE THE PURCHASE OF 33 NEW VEHICLES AND EQUIPMENT

RECOMMENDATION:

Approve the issuance of purchase orders to Palm Springs Motors, Inc., for the purchase of 3 Mustang Mach E electric vehicles, and 21 Ford Interceptor Utility Patrol vehicles in an amount not to exceed $1,479,560.34;
Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of 9 Ford F-150 Super Cab 4x4 vehicles in an amount not to exceed $418,504.53;
Delegate authority to the City Manager or designee to approve and execute change orders up to a total amount of $189,806.49 (10%);
After delivery of new vehicles, declare existing vehicles being replaced as surplus vehicles and authorize the City Manager, or designee, to sell at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code; and,
Authorize the City Manager or designee to execute all necessary documents.

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AWARD OF A CONSTRUCTION CONTRACT TO UNIFIED FIELD SERVICES CORPORATION IN THE AMOUNT OF $2,167,854 FOR THE WASTEWATER TREATMENT PLANT SLUDGE DRYING BEDS, CITY PROJECT 21-05

RECOMMENDATION:

Award the construction contract to Unified Field Services Corporation, a California corporation, in the amount of $2,167,854 for the WWTP Sludge Drying Beds, City Project No. 21-05 (the “Project”).
Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $216,785 (10%) with all change orders reported to the City Council at project completion.
Authorize the City Manager or designee to execute all necessary documents.

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APPROVE AGREEMENT NO. 23B121 WITH UNIVERSAL GREEN LLC FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES

RECOMMENDATION:

Approve Contract Services Agreement No. 23B121 (Attachment A) with Universal Green LLC, to provide landscape and grounds maintenance services for an amount not to exceed $1,406,256.40 for a three-year term beginning July 1, 2023 through June 30, 2026, with two one-year extension options at the City’s sole discretion;
Authorize the City Manager or designee to execute all necessary documents.

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APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9186 WITH NALCO COMPANY, LLC FOR WATER TREATMENT CHEMICALS AND SERVICES

RECOMMENDATION:

Approve Amendment No. 1 to Agreement No. A9186 (Attachment A) with Nalco Company, LLC to provide water treatment chemicals and services in an additional amount of $300,000 for a total revised contract amount not to exceed $375,000 and extending the term through June 30, 2025.
Authorize the City Manager or designee to execute all necessary documents.

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CONSIDERATION OF A RESOLUTION CONSENTING TO THE INCLUSION OF THE PROPERTY LOCATED AT 3500 RAMON ROAD, PALM SPRINGS, CALIFORNIA, IN THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OPEN PACE PROGRAM

RECOMMENDATION:

Approve the resolution consenting to the inclusion of the property located at 3500 Ramon Road (“Airport Parking”) in the CSCDA Open PACE Program. Click to View

CONSIDERATION OF A RESOLUTION CONSENTING TO THE INCLUSION OF THE PROPERTY LOCATED AT 400 N. PALM CANYON DRIVE, PALM SPRINGS, IN THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OPEN PACE PROGRAM

RECOMMENDATION:

Approve the resolution consenting to the inclusion of the property located at 400 N. Palm Canyon Drive (Thompson Hotel) in the CSCDA Open PACE Program. Click to View

ADOPT A RESOLUTION IDENTIFYING THE PROJECTS TO BE FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, FOR FISCAL YEAR 2023-24

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.” Click to View

APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM SPRINGS AND THE COUNTY OF RIVERSIDE FOR TECHNICAL ASSISTANCE AND PLAN REVIEW FOR ONSITE WASTEWATER TREATMENT SYSTEMS

RECOMMENDATION:

Approve the Memorandum of Understanding between the City of Palm Springs and Riverside County for Technical Assistance and Plan Check Services for Onsite Wastewater Treatment Systems within the City of Palm Springs.
Authorize the City Manager to execute all necessary documents.

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RESOLUTION OF INTENTION TO LEVY ASSESSMENTS WITHIN THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING; REVIEW AND APPROVAL OF REPORT OF THE TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) ADVISORY BOARD, FISCAL YEAR 2023-2024

RECOMMENDATION:

Review and approve Report of the Tourism Business Improvement District (TBID) Advisory Board, Fiscal Year 2023-2024; and
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING.”

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NAMING RIGHTS FOR THE PLAZA THEATRE

RECOMMENDATION:

Staff recommends Council approve the naming rights proposed on Attachment A. Click to View

APPROVAL OF A REQUEST FOR NIGHT CONSTRUCTION START TIMES BETWEEN JULY 5, 2023, AND AUGUST 25, 2023, FOR WASTEWATER TREATMENT PLANT DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS NO. 20-25 AND 21-07

RECOMMENDATION:

Approve the requested night construction time of 9:00 p.m. for the dates between July 5, 2023, and August 25, 2023, for the WWTP Digester No. 2 Waste Gas Flare and Filtrate Pump Station Project, subject to continuous monitoring of noise complaints and impacts to adjacent properties and businesses. 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 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:

Continue deliberations on the amendment request proposed by Selene Palm Springs, LLC. Public testimony received on May 25, 2023.
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, ADDITION OF THREE RESIDENTIAL VILLAS 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 69 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:

UPDATE TO GENERAL FUND, CAPITAL, AND AIRPORT DRAFT BUDGET FOR FISCAL YEARS 2023-24 AND 2024-25

RECOMMENDATION:

Provide direction to staff on any changes to the draft fiscal year 2023-24 and draft fiscal year 2024-25 budgets. Click to View

REQUEST TO ADD CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK VENDING AND AN AMENDMENT TO CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION

RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only; and

Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL 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; AND AN AMENDMENT TO CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION.”

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APPROVE CHANGES TO UNEXECUTED FOURTH CONTRACT AMENDMENT TO AGREEMENT NO. 8922 WITH MARTHA’S VILLAGE AND KITCHEN FOR OPERATIONS OF THE PALM SPRINGS DAYTIME DROP-IN ACCESS CENTER

RECOMMENDATION:

Make corrections to Amendment No. 3 to reflect an annual amount of $212,050, an increased overnight sheltering amount of $105,464 and a revised total not to exceed contract amount for the third amendment to be $529,564.
Approve Amendment No. 4 to Agreement No. A8922 with Martha’s Village and Kitchen to:
- Exercise option to extend Agreement until September 30, 2023.
- Change the amount of compensation for the three-month period to $137,026 and the revised total compensation not to exceed the contract amount of $666,590.
- Allow temporary overnight shelter services from June 1, 2023, to September 30, 2023, at no additional cost to the City.
Authorize the City Manager or designee to make minor technical changes and execute all necessary documents.

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APPROPRIATE FUNDS FOR THE HOMELESS NAVIGATION CENTER AND EARLY ENTRY FACILITY IN THE AMOUNT OF $5,000,000 AT 3589 MCCARTHY ROAD.

RECOMMENDATION:

Approve $5,000,000 in the Fiscal Year 2024 General Fund Budget for additional costs relative to the Navigation Center and to add an Early Entry Facility at 3589 McCarthy Road. Click to View

CONSIDERATION ESTABLISHMENT OF A CITY COUNCIL POLICY PROVIDING THAT PERCENTAGE OF TRANSIENT OCCUPANCY TAX (TOT) BE SET ASIDE AND USED FOR FUTURE AFFORDABLE HOUSING NEEDS

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A CITY COUNCIL POLICY REGARDING THE USE OF A CERTAIN PERCENTAGE OF TRANSIENT OCCUPANCY TAX (TOT) FOR AFFORDABLE HOUSING PROGRAMS.” 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 June 1, 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.