Agenda

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ Click to View

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. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

A.

APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM

RECOMMENDATION:

Appoint Jeffrey Bernstein to the position of Mayor and Ron deHarte to the position of Mayor Pro Tem for a one-year term commencing upon appointment. Click to View

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:

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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B.

APPROVAL OF MINUTES

RECOMMENDATION:
Approve the City Council meeting minutes of November 9, 2023. Click to View

C.

APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS, AND RESIGNATIONS FROM THE AIRPORT COMMISSION AND PLANNING COMMISSION

RECOMMENDATION:

Appoint Margaret Keung to the Parks & Recreation Commission, effective immediately, to a term expiring on June 30, 2026.
Appoint Ken Alexander to the Sustainability Commission effective immediately, to a term expiring on June 30, 2026.
Accept the resignation of Gerald Adams from the Airport Commission effective immediately.
Accept the resignation of JR Roberts from the Planning Commission effective immediately.

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D.

A RESOLUTION APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974." Click to View

E.

APPROVAL OF PAYROLL 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 09-30-23, 10-14-23 AND 10-28-23 TOTALING $7,132,292.80 AND ACCOUNTS PAYABLE WARRANTS DATED 09-28-23, 10-12-23 AND 10-26-23 TOTALING $18,612,138.97, IN THE AGGREGATE AMOUNT OF $25,744,431.77, DRAWN ON BANK OF AMERICA." Click to View

F.

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

RECOMMENDATION:

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

G.

APPROVAL OF PARCEL MAP 38536

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 38536 FOR PROPERTY LOCATED AT 2805 ANZA TRAIL, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST.” Click to View

H.

APPROVAL OF TRACT MAP 37706 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH TOLL WEST COAST LLC, A DELAWARE LIMITED LIABILITY COMPANY

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 37706 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH TOLL WEST COAST LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 1000 NORTH GENE AUTRY TRAIL, IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST.” Click to View

I.

APPROVAL OF AMENDMENT NO. 2 TO THE POST-CONSTRUCTION SERVICES AGREEMENT WITH ENGIE SERVICES U.S., INC., A DELAWARE CORPORATION, RELATED TO THE OPERATION AND MAINTENANCE OF THE MUNICIPAL CO-GENERATION PLANT

RECOMMENDATION:

Approve Amendment No. 2 to Post-Construction Services Agreement (A8470) with ENGIE Services U.S., Inc., a Delaware corporation, for a one-time cost of two hundred eighty-seven thousand, three hundred forty-five dollars ($287,345.00).
Authorize the City Manager to execute all necessary documentation.

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J.

ACCEPTANCE OF INSTALLATION OF THE SKYLIGHT RAILINGS, CITY PROJECT 18-20

RECOMMENDATION:

Accept the public works improvement identified as installation the Skylight Railings, City Project No. 18-20, as completed in accordance with the plans and specifications; and
Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of Skylight Railings, City Project No. 18-20.

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K.

ACCEPTANCE OF INSTALLATION OF THE DESERT HIGHLAND TRAFFIC SIGNAL, INDIAN CANYON DRIVE AND ROSA PARKS ROAD, CITY PROJECT NO. 20-19

RECOMMENDATION:

Accept the public works improvement identified as installation of the Desert Highland Traffic Signal, Indian Canyon Drive and Rosa Parks Road, City Project No. 20-19, as completed in accordance with the plans and specifications.
Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of the Desert Highland Traffic Signal, Indian Canyon Drive and Rosa Parks Road, City Project No. 20-19.

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L.

ACCEPTANCE OF THE TRAFFIC SIGNAL INSTALLATION, SAN RAFAEL DRIVE AND AVENIDA CABALLEROS, CITY PROJECT NO. 20-33

RECOMMENDATION:

Accept the public works improvement identified as Installation of the Traffic Signal Installation, San Rafael Drive and Avenida Caballeros, City Project No. 20-33, as completed in accordance with the plans and specifications.
Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of the Traffic Signal Installation, San Rafael Drive and Avenida Caballeros, City Project No. 20-33.

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M.

ACCEPTANCE OF THE BOYS AND GIRLS CLUB DRAINAGE REPAIR, CITY PROJECT 22-20B

RECOMMENDATION:

Accept the Boys and Girls Club Drainage Repair, City Project No. 22-20B, as completed in accordance with the plans and specifications.
Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of Boys and Girls Club Drainage Repair, City Project No. 22-20B.

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N.

ACCEPTANCE OF DEMUTH DOG PARK INTERIM MEASURES SHADE STRUCTURE, CITY PROJECT NO. 22-20C

RECOMMENDATION:

Accept the public works improvement identified as Demuth Park Interim Measures Shade Structure, City Project No. 22-20C (“Project”), as completed in accordance with the plans and specifications.
Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Demuth Park Interim Measures Shade Structure, City Project No. 22-20C.

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O.

APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 9 TRAFFIC SIGNAL MODIFICATIONS, FEDERAL AID PROJECT NO. HSIPLN-5282(049), CITY PROJECT NO. 18-05

RECOMMENDATION:

Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Highway Safety Improvement Program (HSIP) Cycle 9 Traffic Signal Modifications Federal-Aid Project No. HSIPLN-5282(049), City Project No. 18-05. Click to View

P.

APPEAL OF SKYCAN, LLC CONDITIONAL CANNABIS EXPIRATION CANNABIS PERMIT NO. C-2019-098

RECOMMENDATION:

The City Council grant the appeal for the extension of the Permit (as defined below) and adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF SKYCAN, LLC FOR THE EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO. C-2019-098 reflecting the granting of the extension without the payment of any penalty.

If any City Council member is inclined to deny the appeal, then this item must be placed on the agenda as an action item and the City Council must hold a public hearing. Click to View

Q.

SECOND READING AND ADOPTION OF ORDINANCE NO. 2090 ADDING CHAPTER 11.102 TO TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY

RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2090, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.102 TO TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.” Click to View

R.

SECOND READING AND ADOPTION OF ORDINANCE NO. 2091 OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.65 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE FORMATION AND ADMINISTRATION OF COMMERCIAL DISTRICTS

RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2091, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.65 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING PROCESSES AND PROCEDURES FOR THE FORMATION OF COMMERCIAL DISTRICTS.” Click to View

S.

APPROVAL OF AMENDMENT NUMBER ONE TO REIMBURSEMENT AGREEMENT A9439 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:

Approve Amendment Number One to Reimbursement Agreement No. A9439, 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 blowsand improvements.
Authorize the City Manager to execute all necessary documents.

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T.

APPROVE A PARTICIPATION AGREEMENT FOR RECORDS MANAGEMENT WITH IRON MOUNTAIN INFORMATION MANAGEMENT, LLC

RECOMMENDATION:

Authorize a participation agreement for records management services from Iron Mountain Information Management, LLC, pursuant to the Omnia Cooperative Contract 1325 for an amount of $29,445.96 for the initial one-year term with an option to extend for two additional years. Click to View

U.

APPROVE AMENDMENT NO. 3 TO THE AMENDED AND RESTATED LEASE WITH ARENAS ASSOCIATES DBA PALM SPRINGS FUDGE & CHOCOLATES LOCATED AT 211 SOUTH PALM CANYON

RECOMMENDATION:

Approve Amendment No. 3 to the Amended and Restated Lease with Arenas Associates dba Palm Springs Fudge & Chocolates to increase the amount of rent to $2,299.18 monthly.
Authorize the City Manager or his designee to make minor non-substantive changes and execute all necessary documents.

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V.

APPROVAL OF AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2023-24

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENTNO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033.”
Authorize the City Manager to execute all documents necessary to effectuate this action.

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W.

APPROVE CONTRACT SERVICES AGREEMENT NO. 23B363 WITH DEANGELO CONTRACTING SERVICES, LLC FOR ON-CALL WEED ABATEMENT SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve Contract Services Agreement 23B363 with DeAngelo Contracting Services, LLC to provide on-call weed abatement services for the Palm Springs International Airport in an amount not to exceed $450,000 for the initial three-year term beginning January 1, 2024, through December 31, 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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X.

ADOPT A RESOLUTION AUTHORIZING THE FILINGS OF AN APPLICATION FOR THE CALIFORNIA CLIMATE INVESTMENTS WILDFIRE PREVENTION GRANTS PROGRAM

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE CALIFORNIA CLIMATE INVESTMENTS WILDFIRE PREVENTION PROGRAM.” Click to View

Y.

APPROVE CONTRACT SERVICES AGREEMENT NO. 23B364 WITH GENESIS FLOOR COVERING, INC. FOR ON-CALL FLOORING REPAIR AND REPLACEMENT SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve Contract Services Agreement 23B364 with Genesis Floor Covering, Inc. to provide on-call flooring repair and replacement services for the Palm Springs International Airport in an amount not to exceed $600,000 for the initial three-year term beginning January 1, 2024, through December 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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Z.

APPROVE COOPERATIVE PURCHASE AGREEMENT WITH SHADE STRUCTURES, INC., DBA USA SHADE & FABRIC STRUCTURES, FOR THE PURCHASE AND INSTALLATION OF SHADE STRUCTURES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve Cooperative Purchase Agreement No. 23C366 with Shade Structures Inc. dba USA Shade & Fabric Structures to provide shade structures and installation for the Palm Springs International Airport for a one-year term in an amount not to exceed $ 247,633.89.
Authorize the City Manager or designee to execute all necessary documents.

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AA.

APPROVE LICENSE AGREEMENT NO. A9460 WITH MOBILEMONEY, INC. TO PROVIDE THREE AUTOMATED TELLER MACHINES AT THE PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve License Agreement No. A9460 with MobileMoney, Inc. to provide three ATM services for the Palm Springs International Airport for the initial one-year term beginning January 1, 2024, through December 31, 2024.
Authorize the City Manager or designee to execute all necessary documents.

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BB.

A REQUEST BY PS SOCIAL GROUP INC (DBA-HYPHEN WINE SHOP) FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A TYPE 42 LIQUOR LICENSE FOR ON-SITE CONSUMPTION AND TASTINGS LOCATED AT 1007 NORTH PALM CANYON DRIVE, ZONE C-1 (CASE 5.1535 PCN)

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 ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 42 FOR HYPHEN, A CRAFT BEER AND ORGANIC WINE SHOP LOCATED AT 1007 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NUMBER 446.06.” Click to View

CC.

APPROVE NON-EXCLUSIVE OPERATING AGREEMENT NO. A9461 WITH TURO INC. TO PROVIDE PEER-TO-PEER VEHICLE SHARING AT THE PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve Non-Exclusive Operating Agreement No. A9461 with Turo Inc. to provide Peer-to-Peer Vehicle Sharing services for the Palm Springs International Airport for the initial one-year term beginning December 15, 2023 through December 14, 2024.
Authorize the City Manager or designee to execute all necessary documents.

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DD.

CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2022-23

RECOMMENDATION:

Receive and File the City’s Development Project Fee Report for Fiscal Year 2022-23. Click to View

EE.

APPROVE CONTRACT SERVICES AGREEMENT NO. 23P368 WITH ADVANCED MANAGEMENT TECHNOLOGY, INC. DBA TETRA TECH AMT, A TETRA TECH COMPANY, FOR AIRPORT SAFETY MANAGEMENT SYSTEM SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION:

Approve Contract Services Agreement No. 23P368 with Advanced Management Technology, Inc. dba Tetra Tech AMT to provide the development and implementation of an Airport Safety Management System for the Palm Springs International Airport for an eighteen-month term in an amount not to exceed $198,762.62 beginning January 1, 2024, through June 30, 2025.
Authorize the City Manager or designee to execute all necessary documents.

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FF.

APPROVAL OF SPECIFICATIONS AND ESTIMATE, AND AUTHORIZATION TO BID THE 2024 PAVEMENT REHABILITATION, CITY PROJECT NO. 24-01 (MEASURE J FUNDS)

RECOMMENDATIONS:

Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the 2024 Pavement Rehabilitation, City Project 24-01. Click to View

GG.

DESERT COMMUNITY ENERGY GUARANTY

RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN UNCONDITIONAL GUARANTY OF THE ELECTRICITY PROCUREMENT OBLIGATIONS OF DESERT COMMUNITY ENERGY, NOT TO EXCEED $25 MILLION, UNDER A RESOURCE MANAGEMENT AGREEMENT WITH THE ENERGY AUTHORITY, INC.”
Authorize the City Manager, in consultation with the City Attorney, to negotiate and take such actions necessary and appropriate to finalize and execute the Guaranty and associated documents.

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HH.

APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 24-25A AND 24-25B) FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2025, PURSUANT TO SECTION 34169(G)(1) OF CALIFORNIA HEALTH & SAFETY CODE

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 24-25 A&B) AND AN ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2025, PURSUANT TO THE CALIFORNIA HEALTH & SAFETY CODE.”
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II.

APPROVE A CONTRACT SERVICES AGREEMENT WITH MARTHA’S VILLAGE AND KITCHEN FOR TEMPORARY OVERNIGHT SHELTER FROM DECEMBER 15, 2023 TO MARCH 15, 2024, AT 225 EL CIELO ROAD

RECOMMENDATION:

Approve the Contract Services Agreement with Martha’s Village and Kitchen to provide temporary overnight shelter at 225 El Cielo Road from December 15, 2023, to March 15, 2024.
Appropriate Funds from the Homeless Set-aside Account in the amount of $133,900 in Fiscal Year 2024.
Authorize the City Manager or Designee to execute all necessary documents, including making minor, non-substantive changes, needed to facilitate the implementation of the Contract Services Agreement.

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JJ.

ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR A PROPOSED 61-UNIT RESIDENTIAL TOWNHOME DEVELOPMENT ON A 4.24-ACRE TRIBAL TRUST PARCEL LOCATED AT THE SOUTHWEST CORNER OF EAST AMADO ROAD AND NORTH HERMOSA DRIVE (APN: 508-070-020), ZONE RA (RESORT ATTRACTION), SECTION 14 SPECIFIC PLAN (CASE CR-2023-0002)

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR A 61-UNIT RESIDENTIAL TOWNHOME DEVELOPMENT ON TRIBAL TRUST LAND AT THE SOUTHWEST CORNER OF EAST AMADO ROAD AND NORTH HERMOSA DRIVE (APN: 508-070-020); DIRECTING STAFF TO TRANSMIT THE REPORT TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS; AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL (CASE CR-2023-0002).” Click to View

EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

2.

PUBLIC HEARINGS:

A.

VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY, SHOWN AS LOT D & LOT C, CROSSLEY TRACT, MB 32/44, AND RESERVATION OF PUBLIC UTILITY EASEMENT, IN SECTION 29, TOWNSHIP 4, RANGE 4 EAST (ENG. FILE R 22-04-2230)

RECOMMENDATION:

Open the public hearing and take testimony.
Adopt A Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A VACATION AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PUBLIC RIGHT-OF-WAY IN A PORTION OF MARGUERITE STREET AND MARTHA STREET, SHOWN AS LOT C & LOT D, RESPECTIVELY, ON CROSSLEY TRACT, MB 32/44, AND RESERVATION OF A PUBLIC UTILITY EASEMENT, IN SECTION 29, TOWNSHIP 4, RANGE 4 EAST (ENG. FILE R 22-04-2230), AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)."

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B.

COUNCIL CALL-UP OF AN APPLICATION BY KAIDENCE GROUP, LLC COMPRISED OF A DEVELOPMENT PERMIT, A VARIANCE AND CONDITIONAL USE PERMIT FOR A PROPOSED DRIVE-THROUGH COFFEE SHOP ON A 0.46-ACRE PARCEL LOCATED AT 2466 NORTH PALM CANYON DRIVE, (APN 504-250-031) ZONE: PD 113, GENERAL PLAN: MIXED-USE (CASES DP-2023-0018, CUP-2023-0020, VAR-2023-0007)

RECOMMENDATION:

Open the public hearing and receive testimony.
Close the public hearing and provide direction to staff as appropriate based on the City Council’s own findings on the applications related to this case for staff to bring the resolution back at the first meeting in January, 2024

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3.

BUSINESS & LEGISLATIVE:

A.

APPROVE FUNDING IN AN AMOUNT UP TO $20 MILLION TO ASSIST THE PLAZA THEATRE FOUNDATION WITH THE RESTORATION OF THE PLAZA THEATRE; APPROVE FUNDING AND REPAYMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PALM SPRINGS PLAZA THEATRE FOUNDATION

RECOMMENDATION:

Approve the Funding and Repayment Agreement with the Palm Springs Plaza Theatre Foundation and the City of Palm Springs for an amount up to $20 million, with direction on:

i) An overall funding amount,
ii) Funding sources to use and what amounts, and
iii) A payback amount. Click to View

B.

AWARD OF A CONSTRUCTION CONTRACT TO WOODCLIFF CORPORATION IN THE AMOUNT OF $26,322,000; PROVIDE AUTHORITY TO CITY MANAGER FOR CONSTRUCTION CHANGE ORDERS UP TO $3,270,066; APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. A8566 WITH DUDEK, INC., IN AN AMOUNT NOT TO EXCEED $487,500 FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, AND APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. 23PO41 WITH TSG ENTERPRISES, INC., DBA THE SOLIS GROUP, IN AN AMOUNT NOT TO EXCEED $70,434 TO PROVIDE COMMUNITY WORKFORCE AGREEMENT ADMINISTRATION FOR PLAZA THEATRE REHABILITATION, CITY PROJECT 18-04

RECOMMENDATION:

Award a construction contract to Woodcliff Corporation in the amount of $26,322,000 for the Plaza Theatre Rehabilitation, City Project No. 18-04;
Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $3,270,066 with all change orders reported to the City Council;
Authorize the City Manager to approve a task order for project management and inspection services from an on-call engineering service firm, Dudek, Inc., in an amount not to exceed $487,500;
Authorize the City Manager to approve a task order for Community Workforce Agreement (CWA) administration services from an on-call CWA firm, TSG Enterprises, Inc., dba The Solis Group, in an amount not to exceed $70,434; and
Authorize the City Manager or his designee to execute all necessary documents.

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C.

REVIEW AND APPROVE THE ROSTER OF CITY COUNCIL SUBCOMMITTEES, APPOINTEES, LIAISONS, AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS

RECOMMENDATION:

Review and approve the roster of City Council subcommittees, appointees, liaisons, and representatives to external organizations.
Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.

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D.

TELECONFERENCING OF CITY COUNCIL AND CITY BOARD/ COMMISSION MEETINGS

RECOMMENDATION:

Provide direction with regard to whether, and to what extent, the City Council wishes to have meetings of the City conducted by teleconferencing, including remote participation by members of the public, City staff and third parties with items on the agenda. 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:

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person public access to the meeting location.

To view/listen/participate in the meeting live, please contact the City Clerks Office at cityclerk@palmspringsca.gov or the following telephone number [760-323-8204] to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment.
Any person who wishes to provide public testimony for an item on the agenda is requested to complete a speaker card before the Public Testimony portion of the meeting.
You may submit your public comment to the City Council electronically. Material may be emailed to cityclerk@palmspringsca.gov. Transmittal prior to the start of the meeting will help ensure that your correspondence is fully considered. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record.
View the City Council meeting live at the City’s website www.palmspringsca.gov/pstv, YouTube, or Channel 17 (Spectrum).

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 December 8, 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.