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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.
            
           OCTOBER 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:
 
A.   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.
 
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.
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B.   APPROVAL OF MINUTES

RECOMMENDATION:


Approve the City Council Meeting Minutes of September 14 and September 26, 2023. 
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C.   ACCEPT RESIGNATIONS FROM VARIOUS BOARDS AND COMMISSIONS

RECOMMENDATION:
  1. Accept the resignation of Jerry Alcorn from the Parks and Recreation Commission effective immediately.
  2. Accept the resignation of Dean Grubl from the Sustainability Commission effective immediately.
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D.   AUTHORIZE ISSUANCE OF LETTERS IN SUPPORT OF ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 1 (ACA 1) AND ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 13 (ACA 13)

RECOMMENDATION:

Authorize issuance of two (2) letters in support of 1) Assembly Constitutional Amendment No. 1 (ACA 1) and 2) Assembly Constitutional Amendment No. 13 (ACA 13).
 
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E.   STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF SEPTEMBER 1 THROUGH SEPTEMBER 30, 2023

RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of September 1 through September 30, 2023.
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F.   APPROVE USE AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR ACCESS TO AND USE OF THE PUBLIC SAFETY ENTERPRISE COMMUNICATION SYSTEM

RECOMMENDATION:
  1. Approve Use Agreement 23G306 with the County of Riverside for an initial term ending December 31, 2028, with one five-year option to renew, for access to and use of the Public Safety Enterprise Communication radio system for an estimated amount of $1,110,846 through June 30, 2025.
  2.  Appropriate $110,000 from the Airport Operations and Maintenance fund balance in Fiscal Year 2024-25 budget.
  3. Authorize the City Manager or their designee to execute all necessary documents.
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G.   APPROVAL OF PROFESSIONAL SERVICE AGREEMENT NO. 23P319 WITH KOUNKUEY DESIGN INITIATIVE, INC. IN AN AMOUNT NOT TO EXCEED $325,000 TO UPDATE THE PARKS & RECREATION MASTER PLAN

RECOMMENDATION:
  1. Approve Professional Services Agreement No. 23P319 with Kounkuey Design Initiative, Inc. to provide an update to the Parks & Recreation Master Plan for an amount not to exceed $325,000
  2. Authorize the City Manager or designee to execute all necessary documents.
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H.   A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE PARKLET USE THROUGH DECEMBER 31, 2028

RECOMMENDATION:


 Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE DATE FOR PARKLET USAGE.”
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I.   APPROVE CONTRACT SERVICES AGREEMENT NO. 23P227 WITH CITYGATE ASSOCIATES, LLC FOR AN ORGANIZATION ANALYSIS, COMMUNITY RISK ASSESSMENT, STANDARD OF COVERAGE, AND FIVE-YEAR STRATEGIC PLAN

RECOMMENDATION:
  1. Approve Contract Services Agreement No. 23P227 with Citygate Associates, LLC to provide Fire Department organizational analysis, community risk assessment, the standard of coverage, and 5-year strategic plan for a six-month term in an amount not to exceed $177,809 beginning November 1, 2023, through April 30, 2024, with one one-year extension option at the City’s sole discretion; and
  2. Authorize the City Manager or designee to execute all necessary documents.
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J.   ADOPT A RESOLUTION ADOPTING A FLAG DISPLAY POLICY AND AUTHORIZING THE DISPLAY OF THE PRIDE FLAG AT CITY FACILITIES ANNUALLY IN THE MONTH OF NOVEMBER

RECOMMENDATION:


Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A FLAG DISPLAY POLICY AND AUTHORIZING THE DISPLAY OF THE PRIDE FLAG AT CITY-OWNED FACILITIES ANNUALLY IN THE MONTH OF NOVEMBER.”
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K.   APPROVE CONSULTING SERVICES AGREEMENT NO. 23Q314 WITH M. ARTHUR GENSLER JR. & ASSOCIATES, INC. FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR AIRPORT PUBLIC RESTROOMS

RECOMMENDATION:
  1. Approve Consulting Services Agreement No. 23Q314 with Gensler to provide design services for an amount not to exceed $236,429 for Phase I – Basis of Design and Project Definition.
  2. Authorize the City Manager or designee to negotiate and amend the contract at a later date to continue into Phase II of the project to complete the design of the project and provide construction support services for an amount not to exceed $3,000,000.
  3. Authorize the City Manager or designee to execute all necessary documents.
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L.   APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 23Q082 WITH C&S ENGINEERS, INC. FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR EMPLOYEE AND ECONOMY PARKING LOTS

RECOMMENDATIONS:
  1. Approve Professional Services Agreement No. 23Q082 with C&S Engineers, Inc. to provide design services for an amount not to exceed $154,058 for Phase I – Programming and Investigation of the project.
  2. Authorize the City Manager or designee to negotiate and amend the contract at a later date to continue into Phase II of the project to complete the design of the project and provide construction support services for an amount not to exceed $2,000,000.
  3. Authorize the City Manager or designee to execute all necessary documents.
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M.   APPROVE CONTRACT SERVICE AGREEMENT NO. 23I320 WITH AVIATRIX COMMUNICATIONS, LLC FOR WEBSITE SUPPORT AND MAINTENANCE SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATIONS:
  1. Approve Contract Services Agreement No. 23I320 with Aviatrix Communications, LLC to provide website support and maintenance services for the Palm Springs International Airport in an amount not to exceed $65,258 for an initial two-year term beginning September 1, 2023, through August 31, 2025.
  2. Authorize the City Manager or designee to execute all necessary documents.
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N.   APPROVE AMENDMENT NO. 4 TO CONSULTING SERVICES AGREEMENT A5548 WITH HARRELL & COMPANY ADVISORS, LLC

RECOMMENDATIONS:
  1. Approve Amendment No. 4 to Consulting Services Agreement No. A5548 with Harrell & Company Advisors LLC, approving an extension through October 31, 2026, for financial advising services in an amount not to exceed $236,000.
  2. Authorize the City Manager to execute all necessary documents.
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O.   APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9148 WITH DOWNS ENERGY FOR DELIVERY OF FUEL

RECOMMENDATIONS:
  1. Approve Amendment No. 2 to Agreement A9148 with Downs Energy for delivery of fuel in an additional amount of $777,435.63 for a total revised contract amount not to exceed $3,477,435.63, over the five-year term.
  2. Authorize the City Manager to execute all necessary documents.
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P.   APPROVE CONTRACT CHANGE ORDER NO. 3 IN THE AMOUNT OF $63,698.20 FOR THE AIRPORT COMMON USE PODIUMS – BONO CONCOURSE, CITY PROJECT 21-28

RECOMMENDATIONS:
  1. Approve Contract Change Order No. 3 with CALTEC, a California corporation, in the amount of $63,698.20 for the Airport Common Use Podiums – Bono Concourse, City Project No. 21-28.
  2. Authorize the City Manager or his designee to execute all necessary documents.
  3. Appropriate $63,698.20 from the Airport Special Capital Projects fund balance.
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Q.   ADOPT A RESOLUTION APPROVING A DAY OF REMEMBRANCE HONORING LAURA ANN CARLETON

RECOMMENDATION:


Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DAY OF REMEMBRANCE HONORING LAURA ANN CARLETON.”
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R.   APPROVE CONTRACT SERVICES AGREEMENT NO. 23B224 WITH AL MILLER & SONS ROOFING CO., INC. FOR ON-CALL ROOFING REPAIR AND INSTALLATION SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:
  1. Approve Contract Services Agreement No. 23B224 with Al Miller & Sons Roofing Co., Inc. to provide on-call roofing repair and installation services for the Palm Springs International Airport in an amount not to exceed $900,000 for the initial three-year term beginning November 1, 2023, through October 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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S.   APPROVE CONTRACT SERVICES AGREEMENT NO. 23B223 WITH SQUARE SIGNS LLC DBA FRONT SIGNS FOR ON-CALL SIGNAGE AND WAYFINDING INSTALLATION AND REPAIR SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATIONS:
  1. Approve Contract Services Agreement 23B223 with Square Signs LLC dba Front Signs to provide on-call signage and wayfinding installation and repair services for the Palm Springs International Airport in an amount not to exceed $600,000 for the initial three-year term beginning November 1, 2023, through October 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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T.   APPROVE AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COACHELLA VALLEY ECONOMIC PARTNERSHIP FOR THE PALM SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS FOR A THREE-YEAR PERIOD

RECOMMENDATION:
  1. Approve Amendment No 2 to the Consulting Services Agreement for the operation of the Palm Springs iHub with the Coachella Valley Economic Partnership in an amount of $200,000 for an additional one-year term beginning July 1, 2023, and continuing until June 30, 2024, with two one-year options.
  2. Authorize the City Manager 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.
 
2.   PUBLIC HEARINGS: NONE.
 
3.   BUSINESS & LEGISLATIVE:
 
A.   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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B.   REPORT ON STATE OF CANNABIS AND POSSIBLE DIRECTION REGARDING SAME; URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN IMMEDIATE MORATORIUM ON CITY APPROVAL OF NEW APPLICATIONS AND TRANSFERS PERMITS TO ENGAGE IN CANNABIS RETAIL FOR CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE MUNICIPAL CODE IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858 (4/5TH Vote Required)

RECOMMENDATION:
  1. Receive the report from City Staff and provide direction to Staff as appropriate.
  2. Waive the reading of the text in its entirety, read by title only, and adopt an urgency Ordinance entitled, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A TEMPORARY MORATORIUM ON CITY APPROVAL OF NEW APPLICATIONS AND TRANSFER FOR PERMITS TO ENGAGE IN CANNABIS RETAIL FOR CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE MUNICIPAL CODE IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858 (4/5TH Vote Required).”
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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 October 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.

    

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