Agenda

CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
CITY OF PALM SPRINGS, CALIFORNIA

www.palmspringsca.gov

REGULAR MEETING AGENDA
OCTOBER 22, 2020
3:00 PM CLOSED SESSION
5:30 PM REGULAR SESSION

Pursuant to Executive Order N-29-20, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.

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 is required. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record.
You may provide telephonic comments by calling the City Clerk's Office at (760) 323-8204 by no later than 5:00 p.m. to be added to the public comment queue. At the appropriate time, a staff member will call you so that you may provide your public testimony to the City Council.
View the City Council meeting live at the City’s website www.palmspringsca.gov/pstv, YouTube, or Channel 17 (Spectrum).

October 22, 2020

3:00 PM CLOSED SESSION
5:30 PM REGULAR MEETING

Geoff Kors, Mayor
Christy Gilbert Holstege, Mayor Pro Tem
Grace Elena Garner, Councilmember
Lisa Middleton, Councilmember
Dennis Woods, 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.

David H. Ready, Esq., Ph.D., City Manager
Anthony J. Mejia, MMC, City Clerk
Marcus Fuller, MPA, P.E., P.L.S., Assistant City Manager
Jeffrey S. Ballinger, City Attorney
Nancy Pauley, Director of Finance and Treasurer

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

3:00 P.M. CLOSED SESSION

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CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. 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:

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.

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: This time is set aside for the City Council to provide additional general comments, reports, and announcements. Additionally, this time is set aside for the City Manager to update the City Council on important items initiated by staff or previously requested by the City Council.

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 September 10, 2020. Click to View

ACCEPT A RESIGNATION FROM THE HUMAN RIGHTS COMMISSION
RECOMMENDATION:

Accept with regret the resignation of Dr. Harold Ames from the Human Rights Commission. Click to View

STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF SEPTEMBER 2020:
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of September 1, 2020 through September 30, 2020. Click to View

TREASURER'S INVESTMENT REPORT AS OF SEPTEMBER 30, 2020
RECOMMENDATION:

Receive and file the Treasurer’s Investment Report as of September 30, 2020. Click to View

APPROVAL OF RIGHT OF WAY CONTRACTS - STATE HIGHWAY EASEMENTS FOR THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) ACROSS CITY OWNED REAL PROPERTIES IDENTIFIED BY ASSESSORS PARCEL NUMBERS 501- 355-003 (24478-1) ALONG VISTA CHINO AND 677-540-029 (24498-1) ALONG GENE AUTRY TRAIL (SR 111), WITHIN THE CITY OF PALM SPRINGS (ENGINEERING FILER 20-01-24478 & 24498)
RECOMMENDATION:

Approve Right-of-Way Contract - State Highway Easement, Document No. 24478- 1 across City-owned real property identified by Assessor Parcel Number (APN) 501-355-003 along Vista Chino (SR 111), for a total compensation amount of $500.
Approve Right-of-Way Contract - State Highway Easement, Document No. 24498- 1 across City-owned real property identified by 677-540-029 located along Gene Autry Trail (SR 111), for a total compensation amount of $1,300.
Authorize the City Manager to execute all necessary documents.

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APPROVAL OF PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $79,345 WITH MICHAEL BAKER INTERNATIONAL FOR TRAFFIC ENGINEERING SERVICES FOR THE DEVELOPMENT OF A LOCAL ROAD SAFETY PLAN (LRSP), CITY PROJECT 20-21
RECOMMENDATION:

Approve Professional Services Agreement with Michael Baker International, a Pennsylvania Corporation, in the amount of $79,345 for traffic engineering services for the development of a Local Road Safety Plan (LRSP), City Project No. 20-21.
Authorize the City Manager to execute all necessary documents.

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ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS;"
Authorize the City Manager to execute all documents.

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TREASURER'S INVESTMENT REPORT AS OF AUGUST 31, 2020
RECOMMENDATION:

Receive and file Treasurer's Investment Report as of August 31, 2020. Click to View

APPROVAL OF A SEVEN-MONTH LEASE AGREEMENT FOR ONE AIRCRAFT RESCUE AND FIREFIGHTING VEHICLE FOR THE PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve the lease of one Aircraft Rescue and Firefighting truck from Firetrucks Unlimited of Henderson, Nevada from November 17, 2020, to June 21, 2021, for a cost of $4,500 per month, plus $1,900 return freight charges, totaling $33,400.
Authorize the City Manager to execute all necessary documents.

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APPROVE AN AGREEMENT WITH ALLIANCE RESOURCE CONSULTING, LLC, TO PROVIDE AN EXECUTIVE RECRUITMENT SEARCH FOR CITY MANAGER
RECOMMENDATION:

Approve an Agreement with Alliance Resource Consulting, LLC, to provide an Executive Recruitment search for City Manager.
Authorize the City Manager to execute any documents necessary to effectuate the above actions.

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ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING APPLICATION(S) FOR PROPOSITION 68 PER CAPITA GRANT FUNDS
RECOMMENDATION:

Approve the two following projects for the Proposition 68 Per Capita Grant: James 0. Jessie Desert Highland Unity Center Ball Park Project, and Swim Center Shade Structures.
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING ALL APPLICATION(S) FOR PROPOSITION 68 PER CAPITA GRANT FUNDS."
Authorize the City Manager to execute all documents.

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LETTER OF SUPPORT FOR CALIFORNIA COMMUNITY CHOICE ASSOCIATION'S REQUEST FOR CHANGES TO THE POWER CHARGE INDIFFERENCE ADJUSTMENT
RECOMMENDATION:

Authorize the City Council to sign onto a letter of support for California Community Choice Association (CalCCA) request for changes to the Power Charge Indifference Adjustment (PCIA). 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 09-19-2020 TOTALING $1,679,490.65 AND ACCOUNTS PAYABLE WARRANTS DATED 09-17-2020 TOTALING $1,210,026.52, IN THE AGGREGATE AMOUNT OF $2,889,517.17, DRAWN ON BANK OF AMERICA." Click to View

APPROVAL OF CONSULTING SERVICES AGREEMENTS WITH TETRA GROWTH SYSTEMS, LLC, DBA CANNA BUSINESS SERVICES FOR CANNABIS EQUITY ASSESSMENT
RECOMMENDATION:

Approve Agreement with Tetra Growth Systems, LLC, DBA Canna Business Services a Pennsylvania Limited Liability Corporation, to conduct a cannabis equity assessment.
Authorize the City Manager to execute all necessary documents.

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APPROVE PUBLIC ARTS COMMISSION PHASE Ill DOWNTOWN BENCH ART PROGRAM
RECOMMENDATION:

Approve the Phase Ill Downtown Bench Art Program in the amount of $30,000 from the Public Art Fund to paint 25 benches in the Downtown area. Click to View

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

PUBLIC HEARINGS:

A REQUEST FOR COUNCILMEMBER REVIEW OF AN ACTION TAKEN BY THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT APPLICATION BY JERRY G. JOHNSON ON BEHALF OF V.I.P. MOTOR CARS, LTD. TO UTILIZE A PORTION OF A THREE (3)-ACRE PARCEL FOR OFF-SITE VEHICLE STORAGE AT 4193 EAST MATTHEW DRIVE, ZONE R-2 (CASE 5.1506 CUP)
RECOMMENDATION:

Open the hearing and receive testimony for the approval of the Conditional Use Permit (CUP) application.
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING ON APPEAL FROM THE PLANNING COMMISSION A CONDITIONAL USE PERMIT (CUP) APPLICATION BY JERRY G. JOHNSON OF V.I.P. MOTOR CARS, LTD. TO UTILIZE A PORTION OF A THREE (3)-ACRE PARCEL FOR PHASE ONE (1)-ONLY OFF-SITE VEHICLE STORAGE AT 4193 EAST MATTHEW DRIVE (CASE 5.1506 CUP)." or, as an alternative:
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING ON APPEAL FROM THE PLANNING COMMISSION A CONDITIONAL USE PERMIT (CUP) APPLICATION BY JERRY G. JOHNSON OF V.I.P. MOTOR CARS, LTD. TO UTILIZE A PORTION OF A THREE (3)-ACRE PARCEL FOR OFFSITE VEHICLE STORAGE AT 4193 EAST MATTHEW DRIVE (CASE 5.1506 CUP)."

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A REQUEST FOR COUNCILMEMBER REVIEW OF AN ACTION TAKEN BY THE PLANNING COMMISSION TO DENY A REQUEST BY TOWER ENERGY GROUP FOR AN AMENDMENT TO THE COLLEGE PARK SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION TO MIXED USE/MULTI USE AND CONDITIONAL USE PERMITS TO ALLOW THE CONSTRUCTION OF A 5,343-SQUARE FOOT GROCERY STORE AND ACCOMPANYING FUELING STATION LOCATED AT 3299 NORTH INDIAN CANYON DRIVE, ZONE C-1 (CASES 5.1511 CUP AND 5.1514 CUP)
RECOMMENDATION:

Open the Public Hearing, take no testimony at this time, and continue the Public Hearing to November 12, 2020.
Direct the City Clerk to post a Notice of Continuance pursuant to established procedures.

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LEGISLATIVE:

PROPOSED ORDINANCE ESTABLISHING A MANDATORY COMMERCIAL SOLID WASTE AND ORGANIC WASTE RECYCLING REQUIREMENT FOR CERTAIN BUSINESSES AND MULTIPLE-FAMILY RESIDENTIAL DWELLINGS
RECOMMENDATION:

Waive the reading of the ordinance text in its entirety, read by title only, and introduce on first reading an Ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6.04 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MANDATORY COMMERCIAL SOLID WASTE AND ORGANIC WASTE RECYCLING." Click to View

UNFINISHED BUSINESS: NONE

NEW BUSINESS:

REQUEST BY WILLIE HOLLAND OF HOLLAND PHARMS, INC FOR ADMINISTRATIVE MINOR MODIFICATION (AMM) APPROVAL FOR RELIEF FROM THE FIVE HUNDRED (500)-FOOT MINIMUM SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES FOR A PROPOSED DISPENSARY AT 150 NORTH PALM CANYON DRIVE, ZONE CBD, (CASE 7.1611 AMM)
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION (AMM) WHICH GRANTS RELIEF FROM THE FIVE HUNDRED (500)-FOOT-MINIMUM SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES FOR HOLLAND PHARMS LOCATED AT 150 NORTH PALM CANYON DRIVE (CASE 7.1611 AMM);" or, as an alternative:
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN ADMINISTRATIVE MINOR MODIFICATION (AMM) WHICH GRANTS RELIEF FROM THE FIVE HUNDRED (500)-FOOT-MINIMUM SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES FOR HOLLAND PHARMS LOCATED AT 150 NORTH PALM CANYON DRIVE (CASE 7.1611 AMM)."

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AWARD A CONSTRUCTION CONTRACT TO JOHN BEAN TECHNOLOGIES CORPORATION, A DELAWARE CORPORATION, IN THE AMOUNT OF $7,042,945 FOR THE AIRPORT PASSENGER BOARDING BRIDGES, CITY PROJECT NO. 19-34
RECOMMENDATION:

Uphold the City Manager's final determination to reject the appeal submitted by Thyssenkrupp Airport Systems, Inc., reject the bids submitted by American Steel Builders California, Inc, Thyssenkrupp Airport Systems, Inc., and AERO Bridgeworks, Inc. as non-responsive to the bid specifications, reject the bid protests submitted by AERO Bridgeworks, Inc. and Thyssenkrupp Airport Systems, Inc., and waive any irregularities in the apparent responsive and responsible low bid submitted by John Bean Technologies Corporation, a Delaware Corporation.
Award a construction contract to John Bean Technologies Corporation, a Delaware Corporation, in the amount of $7,042,945 for Airport Passenger Boarding Bridges, City Project No. 19-34.
Delegate authority to the City Manager to approve and execute construction contract change orders up to $176,055 with all change orders reported to the City Council.
Authorize the City Manager to execute all necessary documents.

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APPROVE REFINANCING OF LEASE REVENUE BONDS, SERIES 2012 B AND AUTHORIZE ACCEPTANCE OF REFINANCING PROPOSAL FROM CAPITAL ONE PUBLIC FUNDING, LLC
RECOMMENDATION:

Authorize the City Manager to execute the Capital One Public Funding term sheet, accepting the interest rate and other terms and conditions of their offer to refinance the 2013 Lease.
Authorize the City Manager to direct financing consultants to prepare documents required for the refinancing of the 2012 Bonds and the 2013 Lease, and schedule action for the November 12, 2020, City Council meeting.

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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. Public Comment for non-agenda items will occur before or at 9:00 p.m. or soon thereafter.

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: This time is set aside for the City Council to make requests of staff, and/or issues of concern to Councilmembers are briefly presented, prioritized and set for future meeting dates.

ADJOURNMENT

AFFIDAVIT OF POSTING

State of California )
County of Riverside ) ss.
City of Palm Springs )

I, John Paul Maier, Chief Deputy 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 16, 2020, and posted on the City’s website as required by established policies and procedures.

____________________________
John Paul Maier, MMC
Chief Deputy 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.