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.

SEPTEMBER 26, 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 Click to View

4:00 P.M. CLOSED SESSION

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CALL TO ORDER (Council Chamber):

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:
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

APPOINTMENTS TO THE HUMAN RIGHTS COMMISSION AND THE TRAILS MANAGEMENT SUBCOMMITTEE, AND ACCEPTANCE OF A RESIGNATION FROM THE HUMAN RIGHTS COMMISSION

RECOMMENDATION:

Appoint Bobby T. Rimas to the Human Rights Commission, effective immediately, to a term expiring on June 30, 2026.
Accept the resignation of Donna Shepherd from the Human Rights Commission effective immediately.
Appoint Rick Minjares, Engineering Associate, to the Coachella Valley Conservation Commission Trails Management Subcommittee.

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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 07-08-23, 07-22-23, 08-05-23 AND 08-19-23 TOTALING $9,558,129.81 AND ACCOUNTS PAYABLE WARRANTS DATED 07-06-23, 07-20-23, 08-03-23 AND 08-17-23 TOTALING $24,867,436.59, IN THE AGGREGATE AMOUNT OF $34,425,566.40, DRAWN ON BANK OF AMERICA. Click to View

STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JULY 1 THROUGH JULY 31, 2023, AND AUGUST 1 THROUGH AUGUST 31, 2023

RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of July 1 through July 31, 2023, and August 1 through August 31, 2023. Click to View

APPROVAL OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY-OWNED REAL PROPERTY LOCATED AT 249 SOUTH INDIAN CANYON DRIVE (APN: 513-154-004, CITY DOWNTOWN BARISTO PARKING STRUCTURE)

RECOMMENDATION:

Authorize the City Manager to execute a Grant of Easement to Southern California Edison Company for underground electrical supply systems and communications systems across a portion of the property identified by Assessor’s Parcel Number 513-154-004 located at the City’s Downtown Baristo Parking Structure at 249 S. Indian Canyon Drive. Click to View

APPROVE A PROFESSIONAL SERVICES AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO CAROLLO ENGINEERS INC. IN THE AMOUNT OF $412,214 FOR THE WASTEWATER TREATMENT PLANT (WWTP) ODOR CONTROL IMPROVEMENTS, CITY PROJECT 23-16

RECOMMENDATION:

Authorize the City Manager to approve a professional services agreement in an amount not to exceed $412,214 with Carollo Engineers, Inc., for design services of odor control improvements.
Authorize the City Manager or his designee to execute all necessary documents.

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AUTHORIZE A TASK ORDER IN THE AMOUNT OF $75,716 TO ALBERT A. WEBB ASSOCIATES PURSUANT TO ON-CALL AGREEMENT A8356 FOR THE PALM CANYON DRIVE / INDIAN CANYON DRIVE / CAMINO PAROCELA TRAFFIC ROUNDABOUT, CITY PROJECT NO. 20-03

RECOMMENDATION:

Authorize an increase in the amount of $75,716 to Purchase Order No. 20001072 for additional Civil Engineering Services with Albert A. Webb Associates for the Palm Canyon Drive / Indian Canyon Drive / Camino Parocela Traffic Roundabout, City Project No. 20-03.
Authorize the City Manager to execute all necessary documents.

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APPROVE SIX PURCHASE AND SALE OF PUBLIC ARTWORK AGREEMENTS FOR THE PILLARS OF PALM SPRINGS PUBLIC ART PROJECT ON THE EAST TAHQUITZ CANYON WAY MEDIAN ART PADS BETWEEN SUNRISE WAY AND EL CIELO ROAD

RECOMMENDATION:

Approve six purchase and sale of public artwork agreements for the Pillars of Palm Springs Public Art Project by artists Roger Reutimann (Creativity) in the amount of $47,000, Scott Froschauer (Equality) in the amount of $50,000, Anne Faith Nicholls (Serenity) in the amount of $44,000, Bernard Stanley Hoyes (Diversity) in the amount of $50,000, Jessup + Cooning (Civility) in the amount of $50,000, and MIDABI (Community) in the amount of $50,000.
Authorize the City Manager to execute all necessary agreements to implement the Pillars of Palm Springs Public Art Project.

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A REQUEST BY STEVE RAWLINGS, ON BEHALF OF PERRY’S PALM SPRINGS, LLC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A NEW LIQUOR STORE, PERRY’S PALM SPRINGS, LLC, WITH A TYPE 20 LIQUOR LICENSE LOCATED AT 641 NORTH PALM CANYON DRIVE (APN: 505-302-006), ZONE PD 48, (CASE PCN-2023-0006)

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 20 (OFF-SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR PERRY’S PALM SPRINGS, LLC, LOCATED AT 641 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NO. 446.06.” Click to View

A REQUEST BY STEVE RAWLINGS, ON BEHALF OF APRO, LLC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO PERMIT A LIQUOR LICENSE WITHIN CENSUS TRACT 0445.24 TO ALLOW THE SALE OF SPIRITS, WINE, AND BEER FOR OFF-SITE CONSUMPTION AT AN EXISTING CONVENIENCE STORE/GAS STATION LOCATED AT 19995 NORTH INDIAN CANYON DRIVE (APN: 666-330-039), ZONE HC, (CASE PCN-2023-0005)

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 21 (OFF-SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE CONVENIENCE STORE LOCATED AT 19995 NORTH INDIAN CANYON DRIVE WITHIN CENSUS TRACT NO. 0445.24.” Click to View

APPROVE THIRD AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT WITH COMMUNITY HOUSING OPPORTUNITIES CORPORATION FOR THE MONARCH PROJECT LOCATED AT 3290 N INDIAN CANYON DRIVE, A 60-UNIT AFFORDABLE HOUSING PROJECT IN THE CITY OF PALM SPRINGS

RECOMMENDATION:

Approve a Third Amendment to the Disposition and Development Agreement with Monarch PS, LP to increase the loan amount by $2,200,000.
Authorize the City Manager to execute the Third Amendment to the Disposition and Development Agreement, and other necessary documents as needed.

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APPROVE A TASK ORDER UNDER ON-CALL CONTRACT NO. A8874 FOR M. ARTHUR GENSLER JR. & ASSOCIATES, INC., IN THE AMOUNT OF $261,500 FOR FIRE STATION SPACE PLANNING

RECOMMENDATION:

Authorize the City Manager to approve a task order under on-call Contract No. A8874 in an amount not to exceed $261,500 with M. Arthur Gensler Jr. & Associates, Inc., an ‘on-call’ firm, for architectural design services for Fire Station Space Planning.
Authorize the City Manager or their designee to execute all necessary documents.

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APPROVE CONTRACT SERVICES AGREEMENT NO. 23B206 WITH M. BREY ELECTRIC, INCORPORATED DBA MBE CONSTRUCTION FOR ON-CALL ELECTRICAL REPAIR AND INSTALLATION SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve Contract Services Agreement 23B206 with M. Brey Electric, Incorporated dba MBE Construction to provide on-call electrical repair and installation services for the Palm Springs International Airport in an amount not to exceed $600,000 for the initial three-year term beginning October 1, 2023, through September 30, 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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APPROVE A TWO-YEAR COOPERATIVE SUBSCRIPTION AGREEMENT WITH INSIGHT PUBLIC SAFETY, INC. FOR THE IMPLEMENTATION AND DEPLOYMENT OF 15 FLOCK SAFETY FIXED ALPR CAMERAS

RECOMMENDATION:

Approve Cooperative Subscription Agreement No. 23C214 with Insight Public Sector, Inc. for 2 years, not to exceed $99,750 to implement Flock Safety fixed Automated License Plate Recognition (ALPR) technology.
Authorize the City Manager or designee to execute the agreement.

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APPROVE AN EMERGENCY CONTRACT SERVICES AGREEMENT NO. 23E228 WITH UNIVERSAL PROTECTION SERVICE LP DBA ALLIED UNIVERSAL SECURITY SERVICES FOR AVIATION WORKERS AND INBOUND CARGO SCREENING FOR PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve an emergency Contract Services Agreement No. 23E228 with Universal Protection Service, LP dba Allied Universal Security Services to provide aviation worker and inbound cargo screening at the Palm Springs International Airport in an amount not to exceed $267,074.08, for the initial one-year term beginning September 25, 2023, through September 24, 2024.
Appropriate $267,074.08 from Airport Fund 415 to Account 4157026.40105 budget.
Authorize the City Manager or designee to execute all necessary documents.

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APPROVAL OF AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT WITH WISE EDUCATION TECHNOLOGY DBA OAKSTERDAM UNIVERSITY, A CALIFORNIA CORPORATION, TO PROVIDE WORKFORCE AND BUSINESS DEVELOPMENT FOR THE CANNABIS EQUITY PROGRAM

RECOMMENDATION:

Approve Amendment No. 3 to Contract Services Agreement No. A9029 with Oaksterdam University to provide workforce and business development for the Cannabis Social Equity program to a maximum contract amount of $86,227.50.
Authorize the City Manager to execute all necessary documents.

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ORDINANCE AMENDING CITY MUNICIPAL CODE TO ESTABLISH PERMANENT LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES

RECOMMENDATION:

Adopt Ordinance No. 2084 entitled, " AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL CODE, REGARDING LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES.” Click to View

APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A8993 WITH IMPRENTA COMMUICATIONS GROUP, INC., FOR ON-CALL SPANISH LANGUAGE DIGITAL MARKETING SERVICES

RECOMMENDATION:

Approve Amendment No. 2 to Agreement A8993 with Imprenta Communications Group, Inc., to provide on-call Spanish language digital marketing services in an additional amount of $20,000 for a total revised contract amount not to exceed $95,000, and extend the term through December 31, 2023.
Authorize the City Manager or designee to execute all necessary documents.

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APPROVE CONTRACT SERVICES AGREEMENT NO. 23B166 WITH LILYPAD EV LLC FOR THE PURCHASE AND DELIVERY OF 80 ELECTRIC VEHICLE CHARGING STATIONS FOR PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve Contract Services Agreement No. 23B166 with LilyPad EV LLC to provide the purchase and delivery of 80 electric vehicle charging stations, warranty, and 5-years of operation and maintenance services at the Palm Springs International Airport in an amount not to exceed $499,102.92 for the initial five-year term beginning September 26, 2023 through September 25, 2028, with one five-year extension option at the City’s sole discretion.
Appropriate $199,102.92 from the Airport Special Capital Projects Fund Balance for this purchase.
Authorize the City Manager or designee to execute all necessary documents.

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APPROVE CONTRACT SERVICES AGREEMENT NO. 23B205 WITH MCCLOSKEY MECHANICAL CONTRACTORS, INC. FOR ON-CALL HEATING, VENTILATION AND AIR CONDITIONING MAINTENANCE REPAIR SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve Contract Services Agreement 23B205 with McCloskey Mechanical Contractors, Inc. to provide on-call HVAC maintenance repair services for the Palm Springs International Airport in an amount not to exceed $900,000 for the initial three-year term beginning October 1, 2023 through September 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 CONTRACT SERVICES AGREEMENT NO. 23B204 WITH RED HAWK SERVICES, INC. FOR ON-CALL FENCE REPAIR AND INSTALLATION SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve Contract Services Agreement 23B204 with Red Hawk Services, Inc. to provide on-call fence repair and installation services for the Palm Springs International Airport in an amount not to exceed $600,000 for the initial three-year term beginning October 1, 2023, through September 30, 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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APPROVE THE DONATION OF A 2010 MIGHTY MOVER TRAILER, EQUIPMENT NO. 2T9210, TO THE INDIO POLICE DEPARTMENT

RECOMMENDATION:

Waive the surplus equipment bid and auction requirements of Section 7.07.020 (3) of the Municipal Code and approve the donation of the surplus 2010 Mighty Mover trailer to the Indio Police Department.
Authorize the City Manager to execute all necessary documents

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ADOPT A RESOLUTION IDENTIFYING PALM SPRINGS, CALIFORNIA, AS A PARTNER WITH THE GOVERNOR’S OFFICE OF EMERGENCY SERVICES IN THE QUAKE SAFE CITY PROGRAM

RECOMMENDATION:

Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO PARTICIPATE IN THE CALIFORNIA QUAKE SAFE CITY PROGRAM" Click to View

UPDATE ON SISTER CITY PROGRAM

RECOMMENDATION:

Allow Al Jones, President of the Board, to update Council on the program and its activity. Click to View

AUTHORIZE ISSUANCE OF A LETTER TO GOVERNOR GAVIN NEWSOM REGARDING THE URGENT NEED FOR FUNDING FOLLOWING TROPICAL STORM HILARY

RECOMMENDATION:

Authorize issuance of a letter to Governor Gavin Newsom regarding the urgent need for funding following Tropical Storm Hilary. 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 CITY OF PALM SPRINGS FOR A GENERAL PLAN AMENDMENT TO ADOPT ITS SIXTH CYCLE HOUSING ELEMENT AND APPROVE THE ASSOCIATED EIR ADDENDUM

RECOMMENDATION:

Open the public hearing and receive public testimony.
Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADDENDUM TO THE PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT TO THE 2007 GENERAL PLAN FOR AN AMENDMENT TO THE HOUSING ELEMENT AND ADOPTING THE 2021-2029 HOUSING ELEMENT UPDATE.”

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BUSINESS & LEGISLATIVE:

APPROVE CONTRACT SERVICES AGREEMENT WITH MARTHA’S VILLAGE AND KITCHEN FOR OPERATIONS OF THE PALM SPRINGS ACCESS CENTER LOCATED AT 225 EL CIELO ROAD, AND THE EARLY ENTRY FACILITY AND NAVIGATION CENTER LOCATED AT 3589 MCCARTHY ROAD

RECOMMENDATION:

Approve Contract Services Agreement with Martha’s Village and Kitchen for operations of the Palm Springs Access Center located at 225 El Cielo Road, and the Early Entry Facility and Navigation Center located at 3589 McCarthy Road.
Appropriate General Funds in the amount of $5,250,000 per year for four years, beginning in Fiscal Year 2025, for ongoing operations of the Access Center, Early Entry Facility, and Navigation Center.
Authorize the City Manager or Designee to execute all necessary documents, including making minor, non-substantive changes, and to sign all documents necessary.

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APPROVE RENTAL ASSISTANCE PROGRAM TO ASSIST RESIDENTS WITH OVERCOMING BARRIERS TO HOUSING

RECOMMENDATION:

Approve the Tenant Based Rental Assistance (TBRA) program, and provide direction to staff as appropriate.
Approve using $1,000,000 (one million dollars) in Housing Set Aside funds for the TBRA Program.

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DISCUSSION REGARDING THE CONTINUATION OF THE PARKLET PROGRAM

RECOMMENDATION:

Discuss policies related to parklets and provide direction to staff. 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 6:00 p.m., on September 20, 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.