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

MARCH 14, 2024

4:00 PM CLOSED SESSION
5:30 PM REGULAR MEETING

Jeffrey Bernstein, Mayor
Ron deHarte, Mayor Pro Tem
Grace Elena Garner, 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.

Pursuant to Assembly Bill 557 -

To view/listen/participate in the meeting live, please contact the City Clerk 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 file a speaker card before the Public Testimony portion of the meeting.

You may submit your public comment to the City Council electronically. Materials 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/psctv, YouTube, or Channel 17 (Spectrum).

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:

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:

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.

APPROVAL OF MINUTES

RECOMMENDATION:

Approve the City Council Meeting Minutes of February 29, 2024. Click to View

AWARD COOPERATIVE PURCHASE AGREEMENT NO. 24C053 FOR AGENDA MANAGEMENT SOFTWARE

RECOMMENDATION(S):

Award a five-year cooperative purchase agreement with Carahsoft Technology Corp. to provide agenda management software for an amount of $171,705.14 for the five-year term.
Authorize the City Manager or designee to execute the agreement.

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ACCEPTANCE OF A RESIGNATION FROM THE ADMINISTRATIVE APPEALS BOARD

RECOMMENDATION:

Accept the resignation of Michael Paonessa from the Administrative Appeals Board effective immediately. Click to View

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 02-03-24 AND 02-17-24 TOTALING $4,705,161.37 AND ACCOUNTS PAYABLE WARRANTS DATED 02-01-24 AND 02-15-24 TOTALING $11,684,755.79, IN THE AGGREGATE AMOUNT OF $16,389,917.16, DRAWN ON BANK OF AMERICA." Click to View

TREASURER’S INVESTMENT REPORT AS OF JANUARY 31, 2024

RECOMMENDATION:

Receive and File the Treasurer’s Investment Report. Click to View

QUITCLAIM OF RESTRICTIVE COVENANT BURDENING LOTS 1-3, 62, AND LOT 63 WITHIN RECORDED PARCEL MAP NO. 20820, MB 166, PGS 70-71 (ENG FILE R 23-07-63695)

RECOMMENDATION(S):

1. Adopt Resolution entitled, “QUITCLAIMING THE “NO RIGHTS OF ACCESS” RESTRICTIVE COVENANT OVER A PORTION OF 20TH AVENUE, SHOWN AS LOT “A” WITHIN RECORDED PARCEL MAP NO. 20820, MB 166, PGS 70-71 (ENG FILE R 23-07-63695), AND APPROVING A DETERMINATION THAT THE ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”
2. Direct the City Clerk to complete processing of the attached Quitclaim of Restrictive Covenant and cause it to be recorded with the Riverside County Recorder.
3. Authorize the City Manager to execute all necessary documents associated with Resolution. Click to View

A REQUEST BY THE RESPECTIVE OWNERS OF 1850 SMOKE TREE LANE (HSPB 148), 239 TWIN PALMS DRIVE (HD-2), AND 1177 EAST MESQUITE AVENUE (HSPB 144) FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENTS

RECOMMENDATION(S):

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and the owners of the following list of properties:
1. 1850 Smoke Tree Lane (aka 1800 S. Sunrise Way). APN: 510-104-002, 510-104-006
2. 239 Twin Palms Drive (Royal Hawaiian Estates). APN: 511-070-016
3. 1177 E. Mesquite Avenue. APN: 508-380-022
Authorize the City Manager to execute the Agreements.
Direct the City Clerk to record the Agreements with the County of Riverside.

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ACCEPTANCE OF ARNICO PHASE 4 SEWER IMPROVEMENTS, CITY PROJECT 21-17

RECOMMENDATION(S):

Accept the public works improvement identified as Arnico Phase 4 Sewer Improvements, City Project 21-17 (“Project”), 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 Arnico Phase 4 Sewer Improvements, City Project 21-17.

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APPROVE CONTRACT SERVICES AGREEMENT NO. 24S046 WITH ARCONAS INC. FOR THE PURCHASE AND INSTALLATION OF PASSENGER SEATING AT THE PALM SPRINGS INTERNATIONAL AIRPORT

RECOMMENDATION(S):

Approve Contract Services Agreement No. 24S046 with Arconas Inc. for the purchase and installation of passenger seating at the Palm Springs International Airport in an amount not to exceed $232,846.71 for a one-year term.
Authorize the City Manager or designee to execute all necessary documents.

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APPROVE AMENDMENT NO. 2 TO AGREEMENT A9145 WITH MOHAWK COMMERCIAL, INC., FOR SYSTEMWIDE FLOORING AND INSTALLATION SERVICES

RECOMMENDATION(S):

Approve Amendment No. 2 to Agreement A9145 with Mohawk Commercial, Inc., to provide systemwide flooring and installation services for an additional amount of $160,000 for a total revised contract amount not to exceed $460,000 through June 14, 2025.
Authorize the City Manager or designee to execute all necessary documents.

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APPROVE AMENDMENT NO. 3 TO AGREEMENT A9082 WITH UNITED RENTALS (NORTH AMERICA), INC., FOR EQUIPMENT RENTAL SERVICES

RECOMMENDATION(S):

Approve Amendment No. 3 to Agreement A9082 with United Rentals (North America), Inc., to equipment rental services for an additional amount of $100,000 for a total revised contract amount not to exceed $400,000 through August 27, 2024.
Authorize the City Manager or designee to execute all necessary documents.

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APPROVE AMENDMENT NO. 1 TO AGREEMENT A9079 WITH AJ FISTES CORPORATION FOR PAINTING AND WALLCOVERING SERVICES

RECOMMENDATION(S):

Approve Amendment No. 1 to Agreement A9079 with AJ Fistes Corporation, to provide painting and wallcovering services for an additional amount of $100,000, for a total revised contract amount not to exceed $400,000 through April 10, 2025.
Authorize the City Manager or designee to execute all necessary documents.

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APPROVE AMENDMENT NO. 1 TO AGREEMENT A9241 WITH J & L AUTO BODY, INC., FOR AUTO BODY REPAIR SERVICES

RECOMMENDATION(S):

Approve Amendment No. 1 to Agreement A9241 with J & L Auto Body, Inc., to provide auto body repair services for an additional amount of $100,000 for a total revised contract amount not to exceed $400,000 through October 26, 2025.
Authorize the City Manager or designee to execute all necessary documents.

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FUNDING AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND DAP HEALTH

RECOMMENDATION:

Approve the Funding Agreement with DAP Health for $1 million.
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SECOND READING AND ADOPTION OF AN ORDINANCE NO. 2094 OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE TO PROVIDE THAT CANNABIS DISPENSARY BUSINESS PERMIT APPLICATIONS WILL NOT BE ACCEPTED, PROCESSED OR APPROVED BY THE CITY BETWEEN JANUARY 1, 2024, AND DECEMBER 31, 2027

RECOMMENDATION:

Waive the second reading of the text in its entirety, read by title only, and adopt Ordinance No. 2094 entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE TO PROVIDE THAT CANNABIS DISPENSARY BUSINESS PERMIT APPLICATIONS WILL NOT BE ACCEPTED, PROCESSED OR APPROVED BY THE CITY, BETWEEN JANUARY 1, 2024, AND DECEMBER 31, 2027.”
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EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

PUBLIC HEARINGS:

A REQUEST BY DTPS B-3, LLC FOR A DEVELOPMENT AGREEMENT RELATED TO AN APPROVED MIXED-USE DEVELOPMENT INVOLVING 45 RESIDENTIAL CONDOMINIUM UNITS AND RETAIL ON BLOCK B OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT THE NORTHEAST CORNER OF BELARDO ROAD AND MUSEUM WAY; 200 NORTH BELARDO ROAD, ZONE CBD (CASE DA-2023-0008)

RECOMMENDATION(S):

Open the Public Hearing and receive public testimony.
Waive the reading of the text in its entirety, and introduce for first reading an ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH DTPS B-3, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RELATED TO THE ENTITLEMENTS FOR A MIXED-USE DEVELOPMENT INVOLVING 45 RESIDENTIAL CONDOMINIUM UNITS AND RETAIL ON BLOCK B OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT THE NORTHEAST CORNER OF BELARDO ROAD AND MUSEUM WAY; 200 NORTH BELARDO ROAD.”

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BUSINESS & LEGISLATIVE:

FISCAL YEAR 2022-2023 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM SPRINGS

RECOMMENDATION(S):

Receive and file the following Financial Audit Reports for fiscal year June 30, 2022:

Annual Comprehensive Financial Report (ACFR)
Audit Communication Letter to the City Council
Passenger Facility Charge (PFC) Report
Housing Successor Audit Communication letter to the City Council
Public Financing Authority Financial Statements
Independent Accountant’s Agreed Upon Procedures to Appropriations (GANN)
Measure D Independent Accountant’s Agreed Upon Procedures
Measure A Independent Accountant’s Agreed Upon Procedures (Conrad CPA Firm)

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GENERAL FUND, CAPITAL, AND AIRPORT MID-YEAR FISCAL YEAR 2023-24 BUDGET UPDATE

RECOMMENDATION:

Receive and File. Click to View

APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT TO UNDERTAKE A COMPREHENSIVE UPDATE TO THE COLLEGE PARK SPECIFIC PLAN AND ASSOCIATED ENVIRONMENTAL REVIEW

RECOMMENDATION(S):

Authorize a Professional Services Agreement with Terra Nova Planning & Research, Inc., in the amount of $246,890 for professional services to amend the College Park Specific Plan and for associated environmental assessment services; and
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2023-24, APPROPRIATING A TOTAL OF $246,890 FROM THE CITY’S SPECIAL PROJECT FUND 160 FOR PROFESSIONAL SERVICES FOR AMENDMENTS TO THE COLLEGE PARK SPECIFIC PLAN AND ASSOCIATED ENVIRONMENTAL REVIEW SERVICES.”
Authorize the City Manager to execute all necessary documents.

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ADOPT A RESOLUTION APPROVING MAXIMUM RATES THAT TOW SERVICE PROVIDERS CAN CHARGE, AND AN ASSOCIATED VEHICLE TOWING ADMINISTRATIVE COST RECOVERY FEE FOR THE PALM SPRINGS POLICE DEPARTMENT

RECOMMENDATION(S):

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MAXIMUM RATES THAT TOW SERVICE PROVIDERS CAN CHARGE, AND AN ASSOCIATED VEHICLE TOWING ADMINISTRATIVE COST RECOVERY FEE FOR THE PALM SPRINGS POLICE DEPARTMENT.”
Approve an Amendment to Agreements A6281 and A6282, for Official Police Tow Service Agreements for As-Needed Vehicle Towing and Storage Services to conform to Resolution.
Authorize the City Manager to execute all necessary documents.

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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 March 7, 2024, and posted on the City’s website as required by established policies and procedures.

____________________________
Brenda Pree, MMC, CERA
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.