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CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE 
CITY OF PALM SPRINGS, CALIFORNIA
JOINT MEETING WITH PLANNING COMMISSION
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov
 
REGULAR JOINT 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.
            
           JULY 24, 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 JOINT MEETING CITY COUNCIL AND PLANNING COMMISSION
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CALL TO ORDER:
 
PLEDGE OF ALLEGIANCE:
 
ROLL CALL:
 
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.
 
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.
 
PUBLIC HEARING:
 
  A GENERAL PLAN AMENDMENT TO ADOPT ITS SIXTH CYCLE HOUSING ELEMENT AND APPROVE THE ASSOCIATED EIR ADDENDUM

To allow more time for coordination with our external partners to finalize the revised Draft Housing Element, Staff requests that this item be continued to a date certain of September 26, 2023. Click to View
 
PLANNING COMMISSION ADJOURNMENT:
 
 
Regular City Council Meeting
 
PRESENTATIONS:
 
A.   PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES
 
REPORT OF CLOSED SESSION:
 
1.   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.
 
A.   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
 
B.   APPOINTMENT TO VARIOUS BOARDS AND COMMISSIONS

RECOMMENDATION:
  1. Appoint Mitchell Battersby to the Village Fest Board effective immediately to a term expiring on June 30, 2026.
  2. Appoint Paige Azarakhsh and Erik Graham to the Sustainability Commission effective immediately to a term expiring on June 30, 2026.
  3. Appoint Rod Davis to the Parks & Recreation Commission effective immediately to a term expiring on June 30, 2026
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C.   STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JUNE 1 THROUGH JUNE 30, 2023

RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of June 1 through June 30, 2023. Click to View
 
D.   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 05-27-23, 06-10-23 AND 06-24-23 TOTALING $6,453,342.73 AND ACCOUNTS PAYABLE WARRANTS DATED 05-25-23, 06-08-23 AND 06-22-23 TOTALING $13,170,913.55, IN THE AGGREGATE AMOUNT OF $19,624,256.28, DRAWN ON BANK OF AMERICA. Click to View
 
E.   APPROVAL OF THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF PALM SPRINGS, THE CITY OF DESERT HOT SPRINGS, AND THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE WEST DESERT HOT SPRINGS MASTER DRAINAGE PLAN

RECOMMENDATION:
  1. Approve a Cooperative Agreement by and between the City of Desert Hot Springs, Riverside County Flood Control and Water Conservation District, and the City of Palm Springs for the development and approval of the West Desert Hot Springs Master Drainage Plan.
  2. Authorize the City Manager to execute all necessary documents.
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F.   APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZATION TO BID PALM SPRINGS STORM DRAIN LINE 20, CITY PROJECT 19-15

RECOMMENDATION:

Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for Palm Springs Storm Drain Line 20, City Project 19-15. Click to View
 
G.   APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 23E111 WITH 4LEAF, INC. FOR INTERIM CITY BUILDING OFFICIAL SERVICES

RECOMMENDATION:
  1. Approve Amendment No. 1 to Agreement No. 23E111 with 4Leaf, Inc., to provide continued interim building official services in an additional amount of $40,000 for a total revised contract amount not to exceed $114,400;
  2. Authorize the City Manager or designee to execute all necessary documents.
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H.   APPROVE COOPERATIVE PURCHASE AGREEMENT WITH NETWORK SERVICES COMPANY DBA NETWORK DISTRIBUTION TO PROVIDE JANITORIAL SUPPLIES AND EQUIPMENT FOR THE PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:
  1. Approve Cooperative Purchase Agreement No. 23C066 with Network Services Company dba Network Distribution to provide janitorial supplies and equipment for the Palm Springs International Airport for a four-year term in an amount not to exceed $800,000, beginning on the date provided in the Notice to Proceed, with a one-year extension option upon mutual agreement.
  2. Authorize the City Manager or his designee to execute all necessary documents.
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I.   APPROVAL OF AMENDMENT NO. 8 TO LEASE AGREEMENT NO. A3613 WITH PALM SPRINGS AIR MUSEUM FOR HANGAR RENTAL

RECOMMENDATION:
  1. Approve a three-year lease extension for the Palm Springs Air Museum for a 10,000-square-foot hangar to store aircraft for a period commencing August 1, 2023, through July 31, 2026, at a rent of $2,500 per month.
  2. Authorize the Airport Executive Director to approve up to two additional six-month extensions commencing on August 1, 2026, if requested by the Palm Springs Air Museum.
  3. Authorize the City Manager or designee to execute all necessary documents.
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J.   AWARD OF A FIVE-YEAR AIRPORT GROUND LEASE TO THE PALM SPRINGS AIR MUSEUM

RECOMMENDATION:
  1. Approve Airport Ground Lease with the Palm Springs Air Museum for the initial five-year term beginning August 1, 2023, through July 31, 2028, at a rental rate of $3,800 per month, with a potential five-year extension option.
  2. Authorize the City Manager or designee to execute all necessary documents.
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K.   AUTHORIZE THE PURCHASE OF ONE (1) NEW CATERPILLAR 120JOY AWD MOTOR GRADER AND EQUIPMENT IN AN AMOUNT NOT TO EXCEED $515,187.10

RECOMMENDATION:
  1. Approve the issuance of a purchase order to Quinn Company for the purchase of one new Caterpillar 120JOY AWD Motor Grader and equipment in an amount not to exceed $515,187.10, inclusive of sales tax.
  2. Authorize the City Manager or designee to execute all necessary documents.
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L.   APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. A7148 FOR ON-CALL AVIATION CONSULTING SERVICES WITH RS&H CALIFORNIA, INC. AT THE PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:
  1. Approve Amendment No. 1 to Professional Services Agreement No. A7184 with RS&H for a 3-year term.
  2. Authorize the City Manager or designee to execute all necessary documents.
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M.   APPROVE AGREEMENT NO. 23B148 WITH WATERLINE TECHNOLOGIES, INC. FOR POOL CHEMICALS FOR THE PALM SPRINGS SWIM CENTER

RECOMMENDATION:
  1. Approve Contract Services Agreement No. 23B148 with Waterline Technologies, Inc., to provide pool chemicals for the Palm Springs Swim Center for an amount not to exceed $400,000 beginning August 1, 2023, through July 31, 2026, with two one-year extension options at the City’s sole discretion.
  2. Authorize the City Manager or designee to execute all necessary documents.
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N.   EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARDS RETIREE UNFUNDED ACCRUED LIABILITY (UAL)

RECOMMENDATION:

Receive and file. Click to View
 
O.   APPROVE A REIMBURSEMENT AGREEMENT BY AND BETWEEN THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND THE CITY OF PALM SPRINGS FOR DESIGN AND ENGINEERING SERVICES RELATED TO THE INDIAN CANYON DRIVE FLOOD AND BLOWSAND IMPROVEMENTS

RECOMMENDATION:
  1. Approve a Reimbursement Agreement for an agreement by and between the City of Palm Springs and the Coachella Valley Association of Governments for the design and engineering services of the Indian Canyon Drive flood and blow sand improvements.
  2. Authorize the City Manager to execute all necessary documents.
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P.   APPROVE AGREEMENT WITH EBSCO PUBLISHING FOR FIVE YEARS OF ACCESS TO ELECTRONIC MAGAZINE AND NEWSPAPER ARTICLES

RECOMMENDATION:
  1. Approve a five-year agreement with EBSCO in the amount of $57,921 for cataloging, metadata, and interlibrary loan services.
  2. Authorize the City Manager to execute all necessary documents.
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Q.   ACCEPTANCE OF INSTALLATION OF A FLASHING BEACON, CITY PROJECT 16-19

RECOMMENDATION:
  1. Accept the public works improvement identified as the installation of a Flashing Beacon, City Project No. 16-19, as completed in accordance with the plans and specifications; and
  2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the installation of a Flashing Beacon, City Project No. 16-19.
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R.   AUTHORIZATION TO REDUCE SUBDIVISION IMPROVEMENT SECURITIES FOR THE “MIRALON” DEVELOPMENT, TRACT NO.  31848-1

RECOMMENDATION:
  1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A REDUCTION OF SECURITIES GUARANTEEING COMPLETION OF CERTAIN WORKS OF IMPROVEMENT ASSOCIATED WITH TRACT MAP 31848-1 REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH AVALON 1150, LLC, A DELAWARE LIMITED LIABILITY COMPANY, (A5393), FOR PROPERTY LOCATED ALONG THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF WHITEWATER RIVER AND WEST OF SUNRISE WAY, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST.”
  2. Authorize the City Manager to execute any necessary documents.
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S.   AWARD OF A PROFESSIONAL DESIGN SERVICES CONTRACT TO KIMLEY-HORN AND ASSOCIATES, INC. IN THE AMOUNT OF $161,395 FROM MEASURE J FUNDS FOR THE DEMUTH PARK PICKLEBALL EXPANSION, CITY PROJECT NO. 22-24

RECOMMENDATION:
  1. Award the professional design contract to Kimley-Horn and Associates, Inc., a California corporation, in the amount of $161,395 from Measure J funds for the Demuth Park Pickleball Expansion, City Project No. 22-24.
  2. Authorize the City Manager to execute all necessary documents.
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T.   AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PALM SPRINGS PLAZA THEATRE FOUNDATION FOR MANAGEMENT, OPERATION, AND ENTERTAINMENT PRODUCTION SERVICES FOR THE HISTORIC PLAZA THEATRE

RECOMMENDATION:
  1. Approve Agreement for Management, Operation, and Entertainment Production Services for the Historic Plaza Theatre between City of Palm Springs and The Palm Springs Plaza Theatre Foundation;
  2. Authorize the City Manager to execute said Agreement, as well as any minor changes to the Agreement acceptable to the City Manager and City Attorney.
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EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
 
2.   PUBLIC HEARINGS:
 
A.   ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2023-2024

RECOMMENDATION:
  1. Open the Public Hearing and take public testimony; and
  2. Adopt a Resolution “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ENGINEER’S REPORT AND ORDERING THE CONTINUED OPERATION AND MAINTENANCE OF IMPROVEMENTS FOR STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND ORDERING THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023/2024.”
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B.   PUBLIC HEARING ON APPEAL OF CALIBLISS, LLC CONDITIONAL CANNABIS EXPIRATION (PERMIT NO. C-2019-096)

RECOMMENDATION:
  1. Open the public hearing and receive public testimony and evidence.
  2. Approve an extension by adopting a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REGARDING THE APPEAL OF CALIBLISS, LLC FOR THE EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO. C-2019-096.”
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3.   BUSINESS & LEGISLATIVE:
 
A.   AWARD A CONSTRUCTION MANAGER AT RISK AGREEMENT FOR THE INBOUND BAGGAGE CLAIM AT THE PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:
  1. Award Construction Manager at Risk Agreement No. 23P160 with Skanska USA Building Inc. for the construction of the inbound baggage claim at the Palm Springs International Airport for an initial guaranteed maximum price not to exceed $29,041,747 which will adjust over time when the trade packages are bid, as outlined in the Agreement.
  2. Authorize the City Manager or designee to approve the final guaranteed maximum amount for the project at a later date as outlined in the Agreement.
  3. Approve a contingency for the project of approximately 15% or $4,356,000 for adjustments to the scope of work or unforeseen conditions to meet the program requirements and authorize the City Manager or designee to issue change orders up to this amount to allow the project to be completed in a timely manner.
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B.   APPROVE ADDITIONAL FUNDING IN THE AMOUNT OF $2,200,000 FOR THE DEVELOPMENT AND CONSTRUCTION OF THE MONARCH PROJECT LOCATED AT 3290 N INDIAN CANYON DR, A 60-UNIT MULTI-FAMILY PROJECT IN THE CITY OF PALM SPRINGS

RECOMMENDATION:
  1. Appropriate funds in the amount of $2,200,000 from Housing Set-aside resources in the Fiscal Year 2024 Budget. 
  2. Approve a Funding Commitment in the amount of $2,200,000 for the Community Housing Opportunities Corporation for the Monarch Apartment Homes Project, subject to terms and conditions of the Disposition and Development Agreement; and
  3. Authorize the City Manager to execute a Funding Commitment Letter for the Monarch Apartment Homes Project, including making minor, non-substantive changes, and to sign all documents necessary.
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C.   REQUEST FOR ACCEPTANCE OF AN INCLUSIONARY HOUSING FEASIBILITY ANALYSIS AND A COMMERCIAL LINKAGE FEE NEXUS STUDY

RECOMMENDATION:

Accept the Inclusionary Housing Feasibility Analysis and the Commercial Linkage Fee Nexus Study and provide further direction to staff. Click to View
 
D.   REQUEST TO AMEND CHAPTER 6.15 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MOBILE FOOD VENDING VEHICLE REGULATIONS

RECOMMENDATION:
  1. Waive the reading of the ordinance text in its entirety and read by title only; and
  2. Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6.15 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MOBILE FOOD VENDING VEHICLE REGULATIONS.”
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E.   INTRODUCTION AND FIRST READING OF A PROPOSED ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF THE PALM SPRING MUNICIPAL CODE REGARDING THE HOTEL OPERATIONS INCENTIVE PROGRAM

RECOMMENDATION:

Waive reading of the text and introduce for first reading proposed an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF THE PALM SPRING MUNICIPAL CODE, REGARDING THE HOTEL OPERATIONS INCENTIVE PROGRAM.” 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, Brenda Pree, 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 July 19, 2023, and posted on the City’s website as required by established policies and procedures. 
 
____________________________
Brenda Pree,
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.

    

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