Agenda packet — Palm Springs City Council, January 13, 2022 (part 1 of 4)

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
3:30 PM CLOSED SESSION
5:30 PM REGULAR SESSION
Pursuant to Assembly Bill 361, 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 [email protected]. 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. You may be added to the queue at any time prior to the end of the public comment period for the subject hearing. 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).

January 13, 2022

3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Christy Gilbert Holstege, Mayor
Lisa Middleton, Mayor Pro Tem
Grace Elena Garner, Councilmember
Geoff Kors, 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.

AGENDA EN ESPAÑOL DISPONIBLE EL SÁBADO - HAGA CLIC AQUÍ

3:30 P.M. CLOSED SESSION

CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: The City Council welcomes public input. 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.

January 13, 2022 City Council Regular Meeting Agenda 2

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. APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of September 9, September 30, and October 14, 2021.

B. RATIFY THE NOMINATION OF THE CITY OF PALM DESERT TO THE PALM

SPRINGS INTERNATIONAL AIRPORT COMMISSION
RECOMMENDATION:

Appoint Kevin Wiseman, representing the City of Palm Desert, to the Palm Springs International Airport Commission effective immediately for a term ending June 30, 2025.

C. APPOINTMENT TO THE PLANNING COMMISSION
RECOMMENDATION:

Appoint Scott Miller to the Planning Commission for a term ending June 30, 2024.

D. RESOLUTION IN SUPPORT OF NET ENERGY METERING
RECOMMENDATION:

Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF NET ENERGY METERING.”

E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2054 VESTING A

DEVELOPMENT AGREEMENT WITH DESERT AIDS PROJECT FOR AN
18,500-SQUARE FOOT EXPANSION OF COMMUNITY HEALTH FACILITIES ALLOWING ENTITLEMENTS FOR TEN (10) YEARS LOCATED AT 1695

NORTH SUNRISE WAY
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2054 entitled, "AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VESTING A

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND DESERT AIDS PROJECT FOR AN 18,500-SQUARE FOOT EXPANSION OF COMMUNITY HEALTH FACILITIES ALLOWING ENTITLEMENTS FOR TEN (10) YEARS LOCATED AT 1695 NORTH SUNRISE WAY."

F. SECOND READING AND ADOPTION OF ORDINANCE NO. 2055 AMENDING January 13, 2022 City Council Regular Meeting Agenda 3 F. SECOND READING AND ADOPTION OF ORDINANCE NO. 2055 AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 12.20.020 TO UPDATE THE

PRIMA FACIE SPEED LIMITS OF VARIOUS CITY STREETS
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2055 entitled, "AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO

THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS OF VARIOUS CITY STREETS."

G. ANNUAL ACCOUNTABILITY REPORT FOR COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) AND COMMUNITY FACILITIES DISTRICT 2007-1 (TRIBAL LANDS)
RECOMMENDATION:

Receive and file the Community Facilities District No. 2005-1 (Public Safety Services) and Community Facilities District No. 2007-1 (Tribal Land) Special Tax and Bond Accountability Report for Fiscal Year 2020-21.

H. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE 2022 SLURRY SEAL, CITY PROJECT 21-02 RECOMMENDATION:

Approve the plans, specifications, and estimate and authorize Staff to advertise and solicit bids for the 2022 Slurry Seal (“the Project”).

I. APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 5701 WITH DOKKEN ENGINEERING FOR THE SOUTH

PALM CANYON DRIVE LOW WATER CROSSING BRIDGE REPLACEMENT AT ARENAS CANYON SOUTH, CITY PROJECT NO. 06-18, FEDERAL AID PROJECT NO. BR-NBIL(502)
RECOMMENDATION:

Approve Amendment No. 2 in the amount of $93,979.60 to Professional Services Agreement No. 5701 with Dokken Engineering for a new not-to-exceed amount of $888,033.60 for the South Palm Canyon Drive Low Water Crossing Bridge Replacement, City Project No. 06-18, Federal Aid Project No. BR-NBIL(502).

1. Authorize the City Manager to execute all necessary documents.2.

J. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE ROSA PARKS ROAD AND INDIAN CANYON DRIVE TRAFFIC SIGNAL INSTALLATION, CITY PROJECT NO. 20-19 RECOMMENDATION:

Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Rosa Parks Road and Indian Canyon Drive Traffic Signal Installation, City Project No. 20-19 (“the Project”).

K. APPROVAL OF AMENDMENT NO. 1 TO THE LICENSE AGREEMENT (A6456) January 13, 2022 City Council Regular Meeting Agenda 4 K. APPROVAL OF AMENDMENT NO. 1 TO THE LICENSE AGREEMENT (A6456) WITH MOBILEMONEY, INC. TO DECREASE THE LICENSE FEE PER

TRANSACTION AND INCREASE THE MAXIMUM TRANSACTION FEE FOR

AUTOMATED TELLER MACHINE (ATM) SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT, AND EXERCISE OPTION 1 TO EXTEND THE AGREEMENT FOR ONE YEAR THROUGH JANUARY 3, 2023
RECOMMENDATION:

Approve Amendment No. 1 to License Agreement A6456 with MobileMoney, Inc. to modify the agreement compensation and exercise the first one-year extension option through January 3, 2023, for Automated Teller Machine (ATM) Services at the Palm Springs International Airport.

1. Authorize the City Manager and/or his designee to execute all necessary documents.

2. L. APPROVE EXTENSION OF LOAN OF “POPSICLES” ARTWORK BY JOHN CERNY, LOCATED AT 605 SUNNY DUNES, UNTIL JUNE 30, 2022
RECOMMENDATION:

Approve the expenditure of $1,950 in Public Arts Funds to extend the term of the loan for the “Popsicles” public art piece by John Cerny until June 30, 2022.

M. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE SAN RAFAEL DRIVE AND AVENIDA
CABALLEROS TRAFFIC SIGNAL INSTALLATION, CITY PROJECT NO. 20-33 RECOMMENDATION:

Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the San Rafael Drive and Avenida Caballeros Traffic Signal Installation, City Project No. 20-33 (“the Project”).

N. APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 22-23A AND 22-23B) FOR THE PERIOD OF JULY 1, 2022, THROUGH JUNE 30, 2023, 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 22-23 A&B) AND AN ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2023, PURSUANT TO THE CALIFORNIA HEALTH & SAFETY CODE.”

O. AMENDMENT NO. 1 TO AGREEMENT WITH TYSEN KNIGHT PRODUCTIONS

FOR REPAIRS AND MAINTENANCE SERVICES OF PUBLIC ARTS PROJECTS RECOMMENDATION:

Approve Amendment No. 1 to the Agreement with Tysen Knight Productions for Public Arts projects repairs and maintenance services in the amount of $5,000 for a total contract amount of $10,000.

January 13, 2022 City Council Regular Meeting Agenda 5 P. CONSIDERATION OF WAIVERS OR REIMBURSEMENTS OF BUSINESS

LICENSE AND VILLAGEFEST FEES FOR PALM SPRINGS MADE BUSINESS

STARTUP PROGRAM PARTICIPANTS
RECOMMENDATION:

Approve the waiver or reimbursement of Business License and VillageFest fees as applicable for Palm Springs Made Business Startup Program Participants.

1. Appropriate $7,500 to provide a $250 matching grant for approximately 30 Palm Springs Made Business Startup Program Participants.

2. Authorize the City Manager to execute all necessary documents3.

Q. AWARD A CONSTRUCTION CONTRACT TO SDC ENGINEERING, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $231,617.30 FOR THE WASTEWATER TREATMENT PLANT BLOCK WALL, CITY PROJECT NO. 21-11 RECOMMENDATION:

Award a construction contract to SDC Engineering, Inc., a California corporation, in the amount of $231,617.30 for WWTP Block Wall, City Project No. 21-11.

1. Authorize the City Manager or his designee to execute all necessary documents.

2. R. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2, GAS FLARE, AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07
RECOMMENDATION:

Approve the plans, specifications, and estimate; and authorize Staff to advertise and solicit bids for the WWTP Digester No. 2, Gas Flare and Filtrate Pump Station, City Projects 20-25 and 21-07 (“Project”).

S. REPLACEMENT OF FIRE DEPARTMENT SELF-CONTAINED BREATHING

APPARATUS AND ASSOCIATED COMPONENTS
RECOMMENDATION:

In accordance with Palm Springs Municipal Code Section 7.04.030, "Special Expertise Procurement," and Section 7.09.010, "Cooperative Purchasing Programs," approve a cooperative purchase from Allstar Fire Equipment of sixty-seven Scott Safety Air-Pak X3 Pro SCBAs, fifty-three Scott Safety Carbon Fiber Cylinders, twenty-four Scott Safety Mask Mounted Regulators, and five Scott Safety RIT-PAK III Emergency Air-Supply Systems using the National Association of State Procurement Officials Cooperative Purchasing Program WSCA- NASPO Contract ID 1-17-42-04, in the total amount of $500,310.45

1. Authorize the purchase upgrading the Blast Chamber on the existing Breathing Support Vehicle in the total amount of $11,517.59.

2. Authorize the City Manager to execute all necessary documents.3.

T. FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT January 13, 2022 City Council Regular Meeting Agenda 6 T. FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT RECOMMENDATION:

Review and approve the First Amendment to City Manager Employment Agreement and authorize the Mayor to execute the same on behalf of the City.

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

2. PUBLIC HEARINGS:

A. AN APPLICATION BY JOSEPH MANTELLO AND PAUL MARLOW, OWNERS, FOR HISTORIC DESIGNATION OF “THE DONALD WEXLER RESIDENCE” LOCATED AT 1272 EAST VERBENA DRIVE (APN #507-253-009), CASE HSPB #139
RECOMMENDATION:

Open the Public Hearing and receive public testimony.1.

Close the public hearing and adopt a Resolution entitled, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE DONALD WEXLER RESIDENCE” LOCATED AT 1272 VERBENA DRIVE, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE, HSPB #139, SUBJECT TO CONDITIONS (APN 507-253-009).”

2. B. CITY COUNCIL CONSIDERATION OF THE DECISION OF THE PLANNING

COMMISSION TO CONTINUE DISCUSSION TO A DATE UNCERTAIN OF ZONE TEXT AMENDMENT CASE 5.1547 ZTA, RELATING TO DEVELOPMENT

STANDARDS FOR WAREHOUSE/ FULFILLMENT CENTERS
RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only.1.

Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING PALM SPRINGS ZONING CODE SECTION CHAPTERS 92
AND 93 RELATIVE TO THE DEVELOPMENT STANDARDS FOR THE M-2 (MANUFACTURING) AND E-I (ENERGY INDUSTRIAL) ZONES.”

2. C. REQUEST BY THE CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO PALM SPRINGS ZONING CODE SECTION 93.23.01

RELATIVE TO THE DEVELOPMENT STANDARDS FOR AUTOMOBILE
SERVICE STATION (CASE 5.1546 ZTA). (This item has been removed from the agenda at the request of Staff, and will be rescheduled for a later date.)

January 13, 2022 City Council Regular Meeting Agenda 7

3. LEGISLATIVE:

A. REQUEST BY THE CITY OF PALM SPRINGS FOR ADOPTION OF AN URGENCY ORDINANCE TO IMPLEMENT SENATE BILL 9 REQUIREMENTS FOR URBAN LOT SPLITS AND TWO-UNIT RESIDENTIAL DEVELOPMENTS, CASE 5.1548 ZTA (4/5ths

VOTE REQUIRED)
RECOMMENDATION:

Waive the reading of the Ordinance text in its entirety, read by title only, and adopt an urgency Ordinance entitled, “AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 9.62 OF THE PALM SPRINGS MUNICIPAL CODE AND CHAPTER 93.00 OF THE PALM SPRINGS

ZONING CODE RELATING TO URBAN LOT SPLITS AND TWO-UNIT PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.” (4/5ths Vote Required.)

4. UNFINISHED BUSINESS: None.

January 13, 2022 City Council Regular Meeting Agenda 8

5. NEW BUSINESS:

A. APPROVE RESOLUTION AUTHORIZING A JOINT APPLICATION WITH THE COUNTY OF RIVERSIDE FOR HOMEKEY 2 FUNDING
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING JOINT APPLICATION TO AND PARTICIPATION IN THE HOMEKEY 2 PROGRAM.”

1. Authorize the City Manager to execute all necessary documents, including making minor, non-substantive changes.

2. B. REVIEW OF THE ROSTER OF CITY COUNCIL SUBCOMMITTEES, LIAISONS, AND

REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
Provide direction on changes to the roster of City Council subcommittees, liaisons, and representatives to external organizations.

1. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.

2. C. REPORT ON CITY COUNCIL VISIONING SESSIONS
RECOMMENDATION:

Provide direction to Staff as appropriate.

D. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS FIREFIGHTERS

ASSOCIATION AND THE MANAGEMENT ASSOCIATION OF PALM SPRINGS RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS APPROVING A MEMORANDUM OF UNDERSTANDING

RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF

EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS FIREFIREFIGHTERS

ASSOCIATION AND THE MANAGEMENT ASSOCIATION OF PALM SPRINGS FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 2023, SUBJECT TO ASSOCIATIONS EXECUTING THE MEMORANDUMS OF UNDERSTANDING.

1. Authorize the City Manager to execute the Memorandum of Understanding (MOU) and all documents necessary to effectuate the above action, including the allocation and compensation plans, agreements and contracts, and any non-substantial MOU language or reorganization.

2. 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.

January 13, 2022 City Council Regular Meeting Agenda 9 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, Monique M. Lomeli, 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 January 7, 2022, and posted on the City’s website as required by established policies and procedures.

____________________________
Monique M. Lomeli, CMC
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.

January 13, 2022 City Council Regular Meeting Agenda 10

CITY COUNCIL STAFF REPORT
01/13/2022

City Clerk -

SUBJECT
3:30 P.M. CLOSED SESSION
Attachments
Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS

CLOSED SESSION AGENDA
Thursday, January 13, 2022 – 3:30 p.m.

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.

PUBLIC COMMENT PERIOD FOR CLOSED SESSION ITEMS ONLY
(Time limit is two minutes per person) The City Council welcomes public input. 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).

CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.

MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION G C. § 54956.9(d)(2)

Three (3) matter s that, under the existing circumstances, the City Attorney believes create significant exposure to litigation.

DISCUSSION TO CONSIDER INITIATION OF LITIGATION Gov’t Code § 54956.9(d)(4)

Under existing facts and circumstances, there are four (4) matters the City Council has decided or may decide to initiate litigation.

Closed Session Agenda
January 13, 2022

Page 2 ends

CONFERENCE WITH REAL PROPERTY NEGOTIATOR Gov’t Code § 54956.8

Property Description: 3589 McCarthy Road, Palm Springs 92234 (APN 669-420-019) Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: McCarthy Road Productions, LLC
Under Negotiation: Price and Terms of Payment

Property Description: Boulders Property (Lots 1-45 of Tract Map 31095/APNs 504-150-011 through -055); Crescendo Property (APN 504-040-046); Gene Autry Property (APNs 677-540-028 & 677-540-029); Block G of parcel map 36446 (APN 513-560-048)
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Potential buyer(s)
Under Negotiation: Price and Terms of Payment

CONFERENCE WITH LABOR NEGOTIATOR Gov’t Code § 54957.6

City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Human Resources Director
Andrew Mills, Chief of Police
Peter Brown, Legal Counsel

Employee Organization: Public Employees Association of Palm Springs (PEAPS) Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)

CITY COUNCIL STAFF REPORT
01/13/2022 1. A.

City Clerk -

SUBJECT

APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of September 9, September 30, and October 14, 2021.

Attachments
Item 1A
Thursday, September 9, 2021
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

Pursuant to Assembly Bill 361 this meeting was conducted by teleconference and there was no in-person public access to the meeting location.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Holstege on Thursday, September 9, 2021 , at 5:40 p.m.

PLEDGE OF ALLEGIANCE:

Mayor Holstege led the Pledge of Allegiance.

ROLL CALL:

Present: Councilmembers Grace Elena Garner, Dennis Woods; Mayor Pro Tem Lisa Middleton; and Mayor Christy Holstege

Absent: Councilmember Geoff Kors

City Staff

Present: Justin Clifton, City Manager; Jeffrey Ballinger, City Attorney; and Anthony J. Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS:

• PROCLAMATION RECOGNIZING HISPANIC HERITAGE MONTH

• PRESENTATION AND PROCLAMATION IN HONOR OF RETIRED POLICE CHIEF

BRYAN REYES

• PROCLAMATION TO OUTGOING CITY MANAGER ARRON BROWN

• COVID-19 CASE AND WASTEWATER TESTING UPDATE

• HOMELESS ACCESS CENTER AND METHODIST CHURCH OVERNIGHT

SHELTER UPDATE

• PRESENTATION ON THE COMPLETION OF THE NEW AIRPORT BAGGAGE

CLAIM AT THE PALM SPRINGS INTERNATIONAL AIRPORT

• PRESENTATION ON THE TAHQUITZ CREEK YACHT CLUB CLEANUP EFFORTS

• COMMUNITY INVITATION TO THE PALM SPRINGS FIRE DEPARTMENT 9/11

MEMORIAL EVENT
Item 1A - 1
City Council Minutes September 9, 2021

City of Palm Springs Page 2
ACCEPTANCE OF THE AGENDA:

MOTION BY COUNCILMEMBER WOODS , SECOND BY COUNCILMEMBER GARNER , CARRIED 4-0, to remove Consent Calendar Item Nos. 1C and 1AA for separate discussion.

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of September 9 , 2021, was called to order by Mayor Holstege at 3:00 p.m., with all members present, except Councilmember Kors.

The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda:

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1):

City of Palm Springs v. Barbara Lewis Rubin
Case No. PSC 1804139 Superior Court of the State of California, County of Riverside

Jonathan Kallis v. City of Palm Springs, et al.

Case No. PSC 5:20-cv-01744 U.S. District Court

City of Palm Springs v. Campbell
Case No. CVR12100816 Superior Court of the State of California, County of Riverside

CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Three (3) matters that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation.

CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Under existing facts and circumstances, there are four (4) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8:

Property Description: Portion of Airport Property, APN 502-100-030, Palm Springs Portion of Airport Property, 2901 E. Alejo Rd., Palm Springs Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Coachella Valley Economic Partnership, Garland Commercial Group, on behalf of Palm Springs Aviation
Academy
Under Negotiation: Price and Terms

Item 1A - 2
City Council Minutes September 9, 2021

City of Palm Springs Page 3
Property Description: 225 El Cielo Road, Palm Springs, CA (aka “Boxing Club” property)
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Well in the Desert, CVAG, & Martha’s Kitchen Under Negotiation: Price and Terms of Payment

Property Description: Tahquitz Creek Golf Resort & Legends Golf Course Agency: City of Palm Springs
City Negotiator: Flinn Fagg, Developme nt Services Director Negotiating Parties: Trust for Public Lands/Oswit Land Trust Under Negotiation: Price and Terms of Payment

Property Description: 3589 McCarthy Road, Palm Springs 92234 (APN 669-420-019 Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Fred Noble
Under Negotiation: Price and Terms of Payment

Property Description: 3.6 Acres at SE corner of Indian Canyon Drive and San Rafael Road
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager or Designee Negotiating Parties: Community Housing Opportunities Corporation (CHOC) Under Negotiation: Price and Terms of Payment

CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:

City Negotiator: Justin Clifton, City Manager or Designee Jeremy Hammond, Human Resources Director

Employee Organizations: Management Association of Palm Springs Palm Springs Firefighters Association
Palm Springs Fire Management
Palm Springs Police Management Association
Palm Springs Police Officers Association
Public Employees Association of Palm Springs
All Unrepresented Employees

City Attorney Ballinger reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action.

Item 1A - 3
City Council Minutes September 9, 2021

City of Palm Springs Page 4
PUBLIC TESTIMONY:

Maribel Nunez, speaking on Item 4A, expressed support for inclusionary housing.

Gretchen Gutierrez, speaking on Item 4A, voiced support for moving forward with an economic impact study on inclusionary housing.

Jeffrey Bernstein , speaking on Item 4B, urged the City Council to adopt the proposed design standards for parklets.

Liz Ostoich, speaking on Item 4B, voiced support for the proposed design standards for parklets.

Jerry Keller, speaking on Item 4B, voiced support for the continued use of parklets.

The following individuals, speaking on Item 5A, urged the City Council to allow firework celebrations:

• Armando Salinas II
• Andrew Starkey
• Ken Age

The following individuals, speaking on Item 5A, voiced opposition to allowing fireworks and spoke on their negative impacts:

• William Breton, speaking on Item 5A, spoke in opposition to allowing fireworks. • Lauren LeBaron, read a letter from Tamara Hedges
• Debra Moses
• Ginny Foat

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS:

Mayor Pro Tem Middleton urged residents to volunteer with Find Food Bank; provided an update on the Coachella Valley -San Gorgonio Pass Rail Corridor Project; spoke on the proposed Cal Cities Bylaw amendment.

Councilmember Woods spoke on his attendance at the California Leadersh ip Summit; expressed gratitude to the volunteers of the Tahquitz Creek Yacht Club.

Mayor Holstege reported on her attendance at various regional meetings and events; thanked the Southwest Regional Council of Carpenters for their work at the Palm Springs Animal Shelter.

Item 1A - 4
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City of Palm Springs Page 5

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER WOODS , SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to approve the consent calendar, with the removal of Item Nos. 1C and 1AA for separate discussion.

A. RECEIVE AND FILE BOARD AND COMMISSION MEETING MINUTES

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to receive and file Board and Commission meeting minutes.

B. APPROVAL OF THE CITY COUNCIL MEETING MINUTES

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to approve the City Council Meeting Minutes of March 25, April 8, April 22, May 6, and May 27, 2021.

C. CONSIDERATION OF TRANSITIONING TO ACTION MINUTES FOR CITY

COUNCIL MEETINGS

This item was excluded from the Consent Calendar. Please refer to Page 15 of these minutes for a summary of that action.

D. APPOINTMENTS TO THE PALM SPRINGS INTERNATIONAL AIRPORT

COMMISSION AND VILLAGEFEST BOARD

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Appoint John Payne to the Palm Springs International Airport Commission for a term ending June 30, 2023.

2. Approve the nomination of Jill Philbrook, representing Cathedral City, to the Palm Springs International Airport Commission for a term ending June 30, 2024.

3. Appoint Christopher Ramirez to the VillageFest Board for a term ending June 30, 2022.

E. PROVIDE DIRECTION ON THE RESOLUTION BEING CONSIDERED AT THE LEAGUE OF CALIFORNIA CITIES’ ANNUAL BUSINESS MEETING

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to su pport the resolutions proposed for the upcoming League of California Cities’ Annual Business Meeting at the League’s Annual Conference.

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City of Palm Springs Page 6
F. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to adopt Resolution No. 24930 entitled, "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/
DISBURSEMENTS FOR THE PERIOD ENDING 07-10-21 AND 07-24-21 TOTALING $3,658,913.01 AND ACCOUNTS PAYABLE WARRANTS DATED 07-08-21, 07-19-21 AND 07 -22-21 TOTALING $9,485,745.15, IN THE AGGREGATE AMOUNT OF $13,144,658.16, DRAWN ON BANK OF AMERICA."

G. TREASURER’S INVESTMENT REPORT AS OF MAY 31, 2021

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to r eceive and file Treasurer’s Investment Report as of May 31, 2021.

H. ACCEPT AN AWARD FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $20,815 AND APPROVE AN INTERLOCAL AGREEMENT WITH

THE COUNTY OF RIVERSIDE AND OTHER PARTICIPATING CITIES FOR

GRANT ADMINISTRATION

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve the acceptance of a grant award from the United States Department of Justice in the amount of $20,815 for the 2021 Justice Assistance Grant (JAG) Program.

2. Approve an Interlocal Agreement with the County of Riverside and various cities within Riverside County, authorizing the County of Riverside to administer the grant on behalf of participating agencies.

3. Authorize the City Manager to execute all necessary documents.

I. ACCEPTANCE OF SHADE STRUCTURES, CITY PROJECT NO. 20-28

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Accept the new shade structures and associated improvements as identified as Shade Structures, City Project 20-28, as completed.

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Shade Structures, City Project No. 20-28.

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City of Palm Springs Page 7
J. ACCEPTANCE OF THE 2020 SLURRY SEAL (RE-BID), CITY PROJECT 20-02

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Accept the public works improvement identified as the 2020 Slurry Seal (Re-Bid), City Project No. 20-02 as completed in accordance with the plans and specifications.

2. Authorize the City Engineer to execute and file a Notice of Completion for recordation with the Riverside County Recorder for the 2020 Slurry Seal (Re -Bid), City Project No. 20-02.

K. APPROVAL OF PAYMENT TO THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS IN THE AMOUNT OF $290,140 FOR

THE GRANT OF RIGHT OF WAY EASEMENTS FOR ROAD PURPOSES,

CHANNEL CONSTRUCTION PURPOSES, SLOPE PURPOSES AND
TEMPORARY CONSTRUCTION PURPOSES WITHIN APN 680 -170-053,

ASSOCIATED WITH THE RAMON ROAD AND BRIDGE WIDENING
PROJECT, CITY PROJECT NO. 08 -25, FEDERAL AID PROJECT NO. BHLS 5282(040); ALLOTTEE 65E AND 104C

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve the payment of $290,140 for the Grant of Right-of-Way Easements for Road, Channel Construction, Slope, and Temporary Construction purposes to the United States Department of the Interior, Bureau of Indian Affairs on behalf of Allottee 65E and 104C.

2. Authorize the City Manager to execute all necessary documents associated with the Grant of Right of Way acquisitions.

L. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE DEMUTH COMMUNITY CENTER LIFE
SAFETY IMPROVEMENTS PHASE 2 AND AIR CONDITIONING
INSTALLATION, CITY PROJECT NO. 19-14

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to a pprove the plans, specifications and estimate; and authorize Staff to advertise and solicit bids for the Demuth Community Center Life Safety Improvements, Phase 2 and Air Conditioning Installation, City Project No. 19-14 (“Project”).

Item 1A - 7
City Council Minutes September 9, 2021

City of Palm Springs Page 8
M. APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 6597 WITH DOKKEN ENGINEERING FOR THE EAST PALM CANYON DRIVE BRIDGE, CITY PROJECT NO. 12 -04, FEDERAL AID PROJECT NO. BRLS 5282(041)

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve Amendment No. 2 in the amount of $77,764.28 to Professional Services Agreement No. 6597, for a new not -to-exceed amount of $1,345,304.28 with Dokken Engineering for the Indian Canyon Drive Widening and Bridge Replacement, City Project No. 12-04, Federal Aid Project No. BRLS-5282(017). A6597

2. Authorize the City Manager to execute all necessary documents.

N. APPROVAL OF AMENDMENT NO. 7 TO PROFESSIONAL SERVICES AGREEMENT NO. 4461 FOR ADDITIONAL RIGHT -OF-WAY SUPPORT SERVICES AND APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 7228 FOR ADDITIONAL ENVIRONMENTAL

SUPPORT SERVICES WITH DOKKEN ENGINEERING, A CALIFORNIA

CORPORATION, FOR THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CITY PROJECT NO. 01 -11, FEDERAL AID PROJECT NO.

BRLO 5282(017)

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve Amendment No. 7 in the amount of $173,400 to Professional Services Agreement No. 4461 with Dokken Engineering, for a new not -to-exceed amount of $1,754,250 for the Indian Canyon Drive Widening and Bridge Replacement, City Project No. 01-11, Federal Aid Project No. BRLS-5282(017). A4461

2. Approve Amendment No. 2, in the amount of $97,350 to Professional Services Agreement No. 7228 with Dokken Engineering, for a new not -to-exceed amount of $221,756.75 for the Indian Canyon Drive Widening and Bridge Replacement, City Project No. 01-11, Federal Aid Project No. BRLS-5282(017). A7228

3. Authorize the City Manager to execute all necessary documents.

Item 1A - 8
City Council Minutes September 9, 2021

City of Palm Springs Page 9
O. REQUEST BY JOEL MAURER AND DAVID RAYL, OWNERS, FOR APPROVAL

OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 201 EAST TWIN PALMS DRIVE, A CONTRIBUTING STRUCTURE IN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT (APN #511 -070-011), (HSPB #73 / HD-2)

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Joel Maurer and David Rayl and the Royal Hawaiian Estates Community Association. A8937

2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

P. REQUEST BY DENNIS FIORINO AND COLETTE JINNOUCHI, OWNERS, FOR

APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 360 CABRILLO ROAD UNIT 207, A CONTRIBUTING

STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC
DISTRICT (APN #504-131-041), (HSPB #88 / HD-3)

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, Dennis Fiorino and Colette Jinnouchi, and the Racquet Club Cottages West Homeowners Association. A8938

2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

Q. REQUEST BY THE MICHAEL HORN TRUST, OWNER, FOR APPROVAL OF A

MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE MERRILL AND JUANITA CROCKETT RESIDENCE, A CLASS 1 HISTORIC SITE LOCATED AT 590 WEST LINDA VISTA DRIVE (APN #513-193-014), (HSPB #134)

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and The Michael Horn Trust. A8939

2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

Item 1A - 9
City Council Minutes September 9, 2021

City of Palm Springs Page 10
R. REQUEST BY SCOTT TIMBERLAKE ON BEHALF OF TIMBERLAKE
HOLDINGS, LTD. AND ANNE KRIZMAN, OWNERS, FOR APPROVAL OF A

MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR
KAPTUR PLAZA (HISTORIC NAME TAHQUITZ PLAZA), A CLASS 1
HISTORIC SITE LOCATED AT 600-650 EAST TAHQUITZ CANYON WAY (APN #508-054-003-4), (HSPB #97)

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Scott Timberlake on behalf of Timberlake Holdings, Ltd. and Anne Krizman. A8940

2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

S. REQUEST BY SCOTT TIMBERLAKE ON BEHALF OF TIMBERLAKE
HOLDINGS, LTD. AND ANNE KRIZMAN, OWNERS, FOR APPROVAL OF A

MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR
KAPTUR PLAZA (HISTORIC NAME TAHQUITZ PLACE), A CLASS 1
HISTORIC SITE LOCATED AT 700-750 EAST TAHQUITZ CANYON WAY (APN #508-054-006-7), (HSPB #97)

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Scott Timberlake on behalf of Timberlake Holdings, Ltd. and Anne Krizman. A8941

2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

Item 1A - 10
City Council Minutes September 9, 2021

City of Palm Springs Page 11
T. REQUEST BY ALISON MARY TEARNEN SCHEPPER AND CHRISTOPHER

SCHEPPER, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC
PROPERTY PRESERVATION AGREEMENT FOR 1823 SANDCLIFF ROAD, A

CONTRIBUTING STRUCTURE IN THE SANDCLIFF GARDEN APARTMENT HOMES HISTORIC DISTRICT (APN #510-040-036), (HSPB #93 / HD-5)

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, Alison Mary Tearnen Schepper and Christopher Schepper and the Sandcliff Homeowners Association. A8942

2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

U. REQUEST BY DALE LINE AND BOB DILLON, OWNERS, FOR APPROVAL OF

A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1836 SOUTH ARABY DRIVE, A CONTRIBUTING STRUCTURE IN THE PARK IMPERIAL SOUTH CONDOMINIUMS (APN #510-070-024), (HSPB #103 / HD-6)

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Dale Line, Bob Dillon and the Park Imperial South Community Association. A8943

2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

V. REQUEST BY JEREMY SCOTT LIVING TRUST FOR APPROVAL OF A MILLS

ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE
ELROD RESIDENCE, A CLASS 1 HISTORIC SITE LOCATED AT 2175 SOUTHRIDGE DRIVE (APN #510-250-026 AND 031), (HSPB #64)

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Jeremy Scott Living Trust. A8944

2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

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City of Palm Springs Page 12
W. REQUEST BY LISA HARRISON OF 2203 SOUTHRIDGE LLC, OWNER, FOR

APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR THE STEVE MCQUEEN RESIDENCE, A CLASS 1
HISTORIC SITE LOCATED AT 2203 SOUTHRIDGE DRIVE (APN #510-250-034), (HSPB #108)

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and 2203 Southridge LLC c/o Lisa Harrison. A8945

2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

X. REQUEST BY THOMAS MCMORRIS, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 2244 EAST TAHQUITZ CANYON WAY #3, A CONTRIBUTING STRUCTURE IN THE DESERT HOLLY HISTORIC DISTRICT (APN #502-084-003), (HSPB #117 / HD-7)

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, Thomas McMorris, and the Desert Holly Homeowners Association.

A8946

2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

Y. AWARD A CONSTRUCTION CONTRACT TO TUNNELWORKS SERVICES INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $514,818 AND

APPROVAL OF A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $124,997 TO VEOLIA WATER WEST OPERATING SERVICES FOR THE 2021 SEWER COLLECTION SYSTEM REPAIRS, CITY PROJECT NO. 21-18

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Award a construction contract to Tunnelworks Services Inc., a California corporation, in the amount of $514,818 for 2021 Sewer Collection System Repairs, City Project No. 21-18. A8947

(City Council action continued on the next page)
Item 1A - 12
City Council Minutes September 9, 2021

City of Palm Springs Page 13

2. Authorize a Purchase Order to Veolia Water West Operating Services, Inc., pursuant to Agreement No. 6804, in an amount not to exceed $124,997 for construction management, inspection and materials testing services for the 2021 Sewer Collection System Repairs, City Project No. 21-18.

3. Authorize the City Manager or his designee to execute all necessary documents.

Z. APPROVE A UTILITY AGREEMENT WITH SOUTHERN CALIFORNIA

EDISON COMPANY, A CALIFORNIA CORPORATION, FOR UTILITY

RELOCATION WORK RELATED TO THE RAMON ROAD BRIDGE
WIDENING OVER THE WHITEWATER RIVER, CITY PROJECT NO. 08 -25, FEDERAL AID PROJECT NO. BHLS-5282 (040)

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve a Utility Agreement with Southern California Edison Company, a California corporation, in the amount of $228,000 for Utility Relocation Work related to the Ramon Road Bridge Widening over the Whitewater River, City Project No. 08-25, Federal-Aid Project No. BHLS-5282 (040). A8948

2. Authorize the City Manager to execute the Utility Agreement and all associated documents.

AA. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 8922 WITH MARTHA’S

VILLAGE AND KITCHEN FOR HOMELESS DAYTIME DROP -IN CENTER

AND WRAP-AROUND SERVICES

This item was excluded from the Consent Calendar. Please refer to Page 15 of these minutes for a summary of that action.

BB. RENEW AGREEMENT WITH DRUG ENFORCEMENT ADMINISTRATION TO

PARTICIPATE IN TASK FORCE

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Renew an agreement with the Drug Enforcement Administration through September 30, 2022.

2. Authorize the City Manager to execute all necessary documents.

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CC. SUMMARY VACATION OF A PUBLIC ROAD AND UTILITY RIGHT -OF-WAY EASEMENT WITHIN LOT 27 OF AMENDED TRACT MAP 18087 IN SECTION 36, TOWNSHIP 4, RANGE 4 EAST (ENG. FILE R 21-09-1679)

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to adopt Resolution No. 24931 entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, APPROVING A SUMMARY VACATION AND ABANDONING ALL

OF ITS RIGHT, TITLE AND INTEREST IN A PUBLIC ROAD AND UTILITY RIGHT- OF-WAY EASEMENT WITHIN LOT 27 OF AMENDED TRACT MAP 18087 IN SECTION 36, TOWNSHIP 4, RANGE 4 EAST, ENG. FILE R 21 -09-1679, AND

APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”

DD. APPROVE FIRST AMENDMENT TO AGREEMENT NO. 7271 WITH BEST BEST & KRIEGER, LLP, FOR CITY ATTORNEY LEGAL SERVICES

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve First Amendment to Agreement No. 7271 with Best Best & Krieger, LLP for City Attorney Legal Services, increasing the amount of the retainer to $75,000 per month, effective as of September 1, 2021. A7271

2. Authorize the City Manager to execute all necessary documents.

EE. APPROVE AMENDMENTS TO CONTRACT SERVICES AGREEMENTS NO. 7139 (A7139) AND NO. 7140 (A7140) WITH CONSERVE LANDCARE, INC. AND PWLC II, INC., FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Approve Amendment No. 3, to Contract Services Agreement No. 7139 with Conserve LandCare, Inc., in the amount of 504,263.86, for a total annual contract amount of $1,270,076.00. A7139

2. Approve Amendment No. 5, to Contract Services Agreement No. 7140 with PWLC II, Inc., in the amount of $223,539.00, for a total annual contract amount of $441,311.03.

A7140

3. Authorize the City Manager to execute all necessary documents.

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City Council Minutes September 9, 2021

City of Palm Springs Page 15
EXCLUDED CONSENT CALENDAR:

C. CONSIDERATION OF TRANSITIONING TO ACTION MINUTES FOR CITY

COUNCIL MEETINGS

Following clarification, MOTION BY MAYOR HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to a uthorize the City Clerk to prepare action minutes for City Council meetings.

AA. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 8922 WITH MARTHA’S

VILLAGE AND KITCHEN FOR HOMELESS DAYTIME DROP -IN CENTER

AND WRAP-AROUND SERVICES

In response to City Council inquiry, City Manager Clifton reviewed the scope of services.

MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY MAYOR HOLSTEGE, CARRIED 4-0, to:

1. Approve Amendment No. 1 to Agreement No. 8922 with Martha’s Village and Kitchen, increasing the contract amount by $137,050 for a total contract amount not to exceed $212,050 for homeless daytime drop-in center and wraparound services. A8922

2. Authorize the City Manager to execute all necessary documents.

2. PUBLIC HEARINGS:

A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, FINDING THAT THE PUBLIC INTEREST AND CONVENIENCE

REQUIRE THE SALE OF CERTAIN REAL PROPERTY, DECLARING ITS

INTENT TO SELL SUCH PROPERTY, AND SETTING A HEARING DATE FOR CONSIDERATION OF PROTESTS; AND A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING

THAT CERTAIN PROPERTY OWNED BY THE CITY OF PALM SPRINGS,

ACTING AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, IS “EXEMPT SURPLUS LAND”, ACCEPTING

THE SUMMARY REPORT PURSUANT TO HEALTH AND SAFETY CODE
SECTION 33433, AND APPROVING THE PURCHASE AND SALE AGREEMENT

BETWEEN THE CITY ACTING AS SUCCESSOR AGENCY AND ALOE PALM CANYON L.P.

Community and Economic Development Director Virata presented the staff report.

Mayor Holstege opened and closed the public hearing, there being no one desiring to speak.

Item 1A - 15
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MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to:

1. Adopt Resolution No. 24932 entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT THE PUBLIC

INTEREST AND CONVENIENCE REQUIRE THE SALE OF CERTAIN REAL

PROPERTY, DECLARING ITS INTENT TO SELL SUCH PROPERTY, AND SETTING A HEARING DATE FOR CONSIDERATION OF PROTESTS."

2. The Successor Agency to the Palm Springs Community Redevelopment Agency open the public hearing to hear testimony regarding the proposed sale of the Successor Agency parcel with APN 505-182-004 for a sale price of $900,000.

3. Adopt Resolution No. 24933 entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THAT

CERTAIN PROPERTY OWNED BY THE CITY OF PALM SPRINGS ACTING AS

SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY IS “EXEMPT SURPLUS LAND”, ACCEPTING

THE SUMMARY REPORT PURSUANT TO HEALTH AND SAFETY CODE
SECTION 33433, AND APPROVING THE PURCHASE AND SALE AGREEMENT

BETWEEN THE CITY ACTING AS SUCCESSOR AGENCY AND ALOE PALM CANYON L.P.”

B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUBSTANTIAL AM ENDMENT TO THE 2021

ANNUAL ACTION PLAN TO REALLOCATE COMMUNITY DEVELOPMENT
BLOCK GRANT -CORONAVIRUS FUNDS IN THE AMOUNT OF $22,352 AND COMMUNITY DEVELOPMENT BLOCK GRANT -CORONAVIRUS ROUND 3
FUNDS IN THE AMOUNT OF $68,636 TO FUND A PORTION OF THE CONTRACT SERVICES AGREEMENT WITH MARTHA’S VILLAGE AND

KITCHEN FOR HOMELESS DAYTIME DROP -IN SERVICES AND
WRAPAROUND SERVICES; AND TO AUTHORIZE SUBMITTAL OF THE

SUBSTANTIAL AMENDMENT TO THE UNITED STATES DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT

Community and Economic Development Director Virata presented the staff report.

Mayor Holstege opened and closed the public hearing, there being no one desiring to speak.

Item 1A - 16
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MOTION BY COUNCILMEMBER GARNER , SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to:

1. Adopt Resolution No. 24934 entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
SUBSTANTIAL AMENDMENT TO THE 2021 ANNUAL ACTION PLAN TO

REALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT -
CORONAVIRUS FUNDS IN THE AMOUNT OF$22,352 AND COMMUNITY DEVELOPMENT BLOCK GRANT- CORONA VIRUS ROUND 3 FUNDS IN THE AMOUNT OF $68,636 TO FUND A PORTION OF THE CONTRACT SERVICES AGREEMENT WITH MARTHA’S VILLAGE AND KITCHEN FOR HOMELESS DAYTIME DROP -IN SERVICES AND WRAPAROUND SERVICES; AND T O

AUTHORIZE SUBMITTAL OF THE SUBSTANTIAL AMENDMENT TO THE

UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.”

2. Authorize the City Manager to execute the sub -recipient agreements and all other necessary documents for the substantial amendment and implementation of the proposed program.

C. CALLING AND CONDUCTING A SPECIAL ELECTION AND INTRODUCING

AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 3 TO COMMUNITY FACILITIES DISTRICT NO. 2007 -1 (PUBLIC SAFETY SERVICES)

City Engineer Montalvo presented the staff report.

Mayor Holstege opened and closed the public hearing, there being no one desiring to speak.

City Clerk Mejia conducted the election and reported one ballot was received with a "yes" vote to proceed with annexation.

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 4-0, to:

1. Adopt Resolution No. 24935 entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
ANNEXATION NO. 3, VUE, TRACT MAP NO. 38004, INTO COMMUNITY FACILITIES DISTRICT NO. 2007- 1, (PUBLIC SAFETY SERVICES),

AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF A SPECIAL TAX TO QUALIFIED ELECTORS."

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2. Adopt Resolution No. 24936 entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS

OF A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING

VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF

AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 3, VUE, TRACT MAP NO. 38004, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1, (PUBLIC SAFETY SERVICES)."

3. Introduce Ordinance No. 2050 entitled, “AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY

OF SPECIAL TAXES IN A COMMUNITY FAC ILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 3, VUE, TRACT MAP NO. 38004, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1, (PUBLIC SAFETY SERVICES). ” City Clerk Mejia read the ordinance by title.

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS:

A. DISCUSSION OF INCLUSIONARY HOUSING PROGRAM

Director of Development Services Fagg narrated a PowerPoint presentation and responded to City Council inquiries.

During the course of discussion, individual Councilmember(s) provided the following commentary. The below points do not necessarily reflect City Council consensus:
• There is a need to take a regional approach to address the housing shortage. • There is interest in reviewing modular buildings that are wind- and fire-proof. • Existing developments should be encouraged to build homes across many price points. • Consideration should be given to creating a silent second mortgage program. • Efforts need to be taken to ensure Palm Springs remains competitive to builders. • Mobile homes and self-help homes are affordable housing options. • There is a need for a stable revenue stream for the housing fund. • Consideration should be given to increasing density and height to help produce more homes.

The City Council directed staff to proceed with an economic feasibility/nexus study for an inclusionary housing program.

MEETING RECESS

The City Council recessed at 8:50 p.m. and reconvened at 9:00 p.m., with all members present.

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B. DISCUSSION OF THE PARKLET PROGRAM AND ADOPTION OF DESIGN

GUIDELINES FOR PARKLETS

Director of Development Services Fagg narrated a PowerPoint presentation and responded to City Council inquiries.

During the course of the discussion, the City Council provided direction that the proposed parklet fee should be set at $1.85 per square foot and set a commencement date of November 1, 2021; directed staff to address problematic parklets immediately, including those which infringe upon another business;

MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to:

1. Approve Resolution No. 24937 entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING DESIGN GUIDELINES FOR PARKLET FACILITIES ,” with direction to allow waiver of design standards if approved by the Architectural Advisory Committee and add maintenance and cleaning standards.

2. The City Council provided direction to staff as appropriate.

C. DISCUSSION OF POTENTIAL ACTIONS RELATED TO PALM SPRINGS MUNICIPAL CODE SECTION 11.74.043, “LOUD, UNUSUAL NOISES – GASOLINE-POWERED LEAF BLOWERS”

During the course of discussion, individual Councilmember(s) provided the following commentary. The below points do not necessarily reflect City Council consensus:
• There is a need to solicit more input from the community and impacted businesses. • More information is needed from the Air Quality Management District on the environmental impacts of gas-powered leaf blowers.
• Consideration should be given to allowing landscapers to begin work at 7:00 a.m. during summer months.
• Consideration should be given to holding homeowners liable for violations. • Consideration of creating a neighbor sharing program for electric leaf blowers.

The City Council took no formal action on this matter.

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5. NEW BUSINESS:

A. DISCUSSION OF THE USE OF FIREWORKS WITHIN THE CITY OF PALM

SPRINGS

Jasmine Waits, Special Events Manager, narrated a PowerPoint presentation and responded to City Council inquiries.

Following discussion, MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to:

1. Proceed with fireworks for Veterans Day and Fourth of July celebrations, with direction to staff to advertise about the specific timeframe when fireworks will be set off.

2. Direct staff to return to City Council with more information about air quality impacts and recommendations on other events using fireworks.

PUBLIC COMMENT ON NON-AGENDA ITEMS:

Angel de la Torre, asserted that the City’s Covid-19 orders are negatively impacting his business.

Vanessa Bravo , Desert Hot Springs Clean- up Committee, requested the City’s assistance in a clean-up project in north Palm Springs.

David Schreiner, urged the City Council to enact stricter Covid-19 orders for all businesses.

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:

Councilmember Garner discussed community clean-ups and her desire to schedule another one in her district.

Mayor Holstege requested staff agendize the Palm Springs Architectural Alliance’ s request to develop design guidelines for new residential and commercial construction.

ADJOURNMENT:

The City Council adjourned at 11:05 p.m.

Respectfully submitted,

Anthony J. Mejia, MMC
City Clerk

APPROVED BY CITY COUNCIL: __/__/2022
Item 1A - 20
Thursday, September 30, 2021
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

Pursuant to Assembly Bill 361 this meeting was conducted by teleconference and there was no in-person public access to the meeting location.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Holstege on Thursday, September 30, 2021 , at 5:30 p.m.

PLEDGE OF ALLEGIANCE:

Councilmember Woods led the Pledge of Allegiance.

ROLL CALL:

Present: Councilmembers Grace Elena Garner, Geoff Kors, Dennis Woods; Mayor Pro Tem Lisa Middleton; and Mayor Christy Holstege

Absent: None.

City Staff

PRESENTATIONS:

• PROCLAMATION RECOGNIZING BISEXUAL VISIBILITY WEEK PRESENTED TO

ALHAMBRA CITY COUNCILMEMBER SASHA RENE PEREZ

• UPDATE ON THE PALM SPRINGS ACCESS CENTER RIBBON CUTTING

CEREMONY

• LIFT-TO-RISE COVID RENTAL ASSISTANCE PROGRAM UPDATE

• COVID-19 CASE UPDATE

ACCEPTANCE OF THE AGENDA:

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to remove Consent Calendar Item Nos. 1K and 1P for separate discussion.

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REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of September 30 , 2021, was called to order by Mayor Holstege at 3:30 p.m., with all members present.

The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda:

CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATI NG SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Four (4) matters that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation.

CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Under existing facts and circumstances, there are four (4) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8:

Property Description: 3589 McCarthy Road, Palm Springs 92234 (APN 669-420-019) Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Fred Noble
Under Negotiation: Price and Terms of Payment

Property Description: Palm Springs Airport Property
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Air Canada, American, Alaska, Delta, Southwest, United, WestJet
Under Negotiation: Price and Terms of Payment

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CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:

City Negotiator: Justin Clifton, City Manager or Designee Jeremy Hammond, Human Resources Director
Melissa Demarais, Acting Chief of Police
Peter Brown, City Labor Negotiator

City Attorney Ballinger reported that the City Council receiv ed briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action. He added that City Council may enter into Closed Session at the end of the regular meeting, but it is anticipated that there will be action taken.

PUBLIC TESTIMONY:

Michael Torres
, speaking on Item 1P, expressed gratitude and urged the City Council to approve the proposed mural.

David Weiner
, speaking on Item 5B, spoke in support of developing a reparations program for those impacted by the Section 14 evictions.

Kathy Weremuik
, expressed support for Item Nos. 1L, 1P, and 1Q.

The following individuals spoke on Item 5C, urging City Council to partner with Desert Community Composting to develop a local composting program:
•
Adam Gray
• John Pick
• Haley Preston
• Lauren Wolfer
• David Preston
• Jake Torrens
• Abby Winston
• Prima Bhavireddy

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS:

Mayor Pro Tem Middleton reported on her attendance at the Cal Cities Annual Conference.

Councilmember Kors spoke on his attendance at various regional meetings.

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Councilmember Woods commended staff for the recent improvements at the Palm Springs International Airport; expressed gratitude to the City’s Boards and Commissions for their work.

Mayor Holstege spoke on the memorial service for Marine Corporal Hunter Lopez held at the Palm Springs Convention Center; reported on her attendance at regional meetings and the Cal Cities Annual Conference; invited the community to the unveiling of the memorial mural for Officer s Gil Vega and Lesley Zerebny.

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER KORS , SECOND BY COUNCILMEMBER WOODS , CARRIED 5-0, to approve the consent calendar, with the removal of Item Nos. 1K and 1P for separate discussion.

A. ACCEPT A RESIGNATION FROM THE PARKS AND RECREATION

COMMISSION

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to accept with regret the resignation of Alan Bowley from the Parks and Recreation Commission.

B. APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES
AGREEMENT NO. 8535 WITH ABM AVIATION, INC., TO DESIGNATE ABM AS THE MERCHANT OF RECORD AND MODIFY ATTACHMENT “I” TO

INCLUDE SEPTEMBER AS A NON- PEAK MONTH FOR PARKING

MANAGEMENT SERVICES AT THE PALM SPRINGS INTERNATIONAL

AIRPORT

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:

1. Approve Amendment No. 2 with ABM Aviation, Inc., a Georgia corporation, to act as the merchant of record for parking management services at the Palm Springs International Airport; and to modify Exhibit “I” to include the month of September as a non-peak month. A8535

2. Authorize the City Manager and/or his designee to execute all necessary documents.

C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to adopt Resolution No. 24939 entitled "A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 08 -07-21 AND 08 -21-21 TOTALING $3,529,020.72 AND ACCOUNTS PAYABLE WARRANTS DATED 08 -05-21 AND 08 -19-21 TOTALING $8,850,290.12, IN THE AGGREGATE AMOUNT OF $12,379,310.84, DRAWN ON BANK OF AMERICA."

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D. SECOND READING AND ADOPTION OF AN ORDINANCE REGARDING ANNEXATION NO. 3, VUE, TRACT MAP NO. 38004 INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES)

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to adopt Ordinance No. 2050 entitled, "AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES

DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 3, VUE, TRACT MAP NO. 38004 INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES)."

E. TREASURER’S INVESTMENT REPORT AS OF JUNE 30, 2021

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5 -0, to r eceive and file the Treasurer’s Investment Report as of June 30, 2021.

F. APPROVE AMENDMENT NO. 1 TO THE CONTRACT SERVICES
AGREEMENT (A8626) WITH CAL STRIPE, INC. FOR RUNWAY RUBBER

REMOVAL SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:

1. Approve Amendment No. 1 to add three additional service events to the scope of work with Cal Stripe, Inc. of Colton, California, in the amount of $16,020 per service event for a three-year period, for a new total agreement amount of $96,120, subject to CPI increase in year 2 and 3. A8626

2. Authorize the City Manager or his designee to execute all necessary documents.

G. APPROVE A NON- EXCLUSIVE OPERATING AND LEASE AGREEMENT WITH WORLDWIDE FLIGHT SERVICES, INC. FOR TERMINAL USE SPACE

AT PALM SPRINGS INTERNATIONAL AIRPORT

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:

1. Approve a Non- Exclusive Operating and Lease Agreement for Terminal Use Space with Worldwide Flight Services, Inc. for the lease of 240 square feet of office space at $44.60 per square foot per year, effective September 1, 2021, through August 31, 2022, with two one-year options. A8970

2. Authorize the City Manager and/or his designee to execute all necessary documents.

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H. APPROVE AMENDMENT NO. 3 TO THE AIRPORT USE AND LEASE

AGREEMENT TO AMEND THE AIRLINE LEASE SPACE AT THE PALM

SPRINGS INTERNATIONAL AIRPORT

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:

1. Approve Amendment No. 3 to all existing airline agreements doing business as seven (7) Signatory Airlines (Air Canada, Alaska Airlines, American Airlines, Delta, Southwest Airlines, United Airlines, WestJet, and three (3) Non- Signatory Airlines:

Allegiant, JetBlue, Sun Country to reflect a change in the amount of space leased at Palm Springs International Airport.

2. Authorize the City Manager or his designee to execute all necessary documents.

I. AUTHORIZE LETTER OF SUPPORT FOR JEWISH FAMILY SERVICES OF

SAN DIEGO (JFSSD) FOR REFUGEE ASSISTANCE PROGRAM

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to authorize staff to prepare a letter of support to have JFSSD provide refugee resettlement services in the City of Palm Springs.

J. ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA AND APPROVE AN

EXPENDITURE PLAN AND APPROPRIATION

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:

1. Accept the State of California Supplemental Enforcement Services Account Grant (SLESA) and Expenditure Plan.

2. Direct the Director of Finance/City Treasurer to fund the appropriation.

3. Authorize the City Manager to execute all necessary documents.

K. AGREEMENT BETWEEN PALM SPRINGS UNIFIED SCHOOL DISTRICT AND

CITY OF PALM SPRINGS FOR LAW ENFORCEMENT SERVICES FROM

PALM SPRINGS POLICE DEPARTMENT FOR SCHOOL RESOURCE OFFICER

This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes for a summary of that action.

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L. APPROVE AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT

AGREEMENT (DDA) WITH COMMUNITY HOUSING OPPORTUNITIES

CORPORATION (CHOC) OF FAIRFIELD, CALIFORNIA, FOR DISPOSITION OF A 3.62 ACRE CITY- OWNED PROPERTY FO DEVELOPMENT AND
CONSTRUCTION OF THE MONARCH APARTMENTS PROJECT, A SIXTY (60) UNIT MULTIFAMILY AFFORDABLE HOUSING PROJECT AT 3130 NORTH

INDIAN CANYON DRIVE (SOUTHEAST CORNER OF NORTH INDIAN

CANYON DRIVE AND SAN RAFAEL ROAD)

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:

1. Approve Amendment No. 2 to the Disposition and Development Agreement (“DDA”) with Community Housing Opportunities Corporation (“CHOC” or “Developer”).

2. Authorize City Manager or his designee to execute all necessary documents related to the Agreement.

M. ACCEPTANCE OF $130,000 IN GRANT FUNDING FROM THE CALIFORNIA

OFFICE OF TRAFFIC SAFETY FOR A SELECTIVE TRAFFIC ENFORCEMENT

PROGRAM

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:

1. Accept $130,000 in grant funding from the California Office of Traffic Sa fety for a Selective Traffic Enforcement Program for FY 2021/2022.

2. Authorize the City Manager to execute all necessary documents.

N. ACCEPT THE ANNUAL PROGRESS REPORT (APR) FOR CALENDAR YEAR 2020 REGARDING THE IMPLEMENTATION OF THE CITY’S HOUSING

ELEMENT TO THE CALIFORNIA DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:

1. Accept the Annual P rogress Report ( APR) for calendar year 2020 regarding the implementation of the C ity’s Housing E lement to the C alifornia Department of Housing and Community Development.

2. Direct Staff to make no changes to the report filed on April 1, 2021 (and subsequently revised on September 16, 2021) with the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.

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O. ACCEPTANCE OF THE TAHQUITZ CANYON WAY AND CIVIC DRIVE TRAFFIC SIGNAL INSTALLATION, CITY PROJECT NO. 15-21

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCI LMEMBER
WOODS, CARRIED 5-0, to:

1. Accept the public works improvement identified as the Tahquitz Canyon Way and Civic Drive Traffic Signal Installation, City Project No. 15 -21 as completed in accordance with the plans and specifications.

2. Authorize the City Engineer to execute and file a Notice of Completion for recordation with the Riverside County Recorder for the Tahquitz Canyon Way and Civic Drive Traffic Signal Installation, City Project No. 15-21.

P. REQUEST BY THE PALM SPRINGS POLICE OFFICERS’ ASSOCIATION FOR

APPROVAL OF AN ART MURAL ON THE EXISTING BUILDING AT
169 NORTH INDIAN CANYON DRIVE (CASE 21-003 MUR)

This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes for a summary of that action.

Q. REQUEST BY PS SOCIAL GROUP, INC FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A TYPE 20 PACKAGE STORE (HYPHEN) FOR A CARRY- OUT CRAF T BEER AND ORGANIC WINE SHOP LOCATED AT 1007 NORTH PALM CANYON DRIVE, ZONE C- 1 (CASE 5.1535 PCN)

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to adopt Resolution No. 24941 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 20 FOR HYPHEN, A CRAFT BEER AND ORGANIC WINE SHOP LOCATED AT 1007 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NUMBER 446.06.”

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EXCLUDED CONSENT CALENDAR ITEMS:

K. AGREEMENT BETWEEN PALM SPRINGS UNIFIED SCHOOL DISTRICT AND

CITY OF PALM SPRINGS FOR LAW ENFORCEMENT SERVICES FROM

PALM SPRINGS POLICE DEPARTMENT FOR SCHOOL RESOURCE OFFICER

City Manager Clifton and Acting Police Chief Desmarais presented the staff report and responded to City Council inquiries.

By consensus, the City Council requested that a school district representative attend the next City Council meeting to participate in the discussion on this item.

P. REQUEST BY THE PALM SPRINGS POLICE OFFICERS’ ASSOCIATION FOR

APPROVAL OF AN ART MURAL ON THE EXISTING BUILDING AT
169 NORTH INDIAN CANYON DRIVE (CASE 21-003 MUR)

Councilmember Kors encouraged the community to attend the unveiling of the memorial mural for Officers Gil Vega and Lesley Zerebny.

MOTION BY COUNCILMEMBER KORS , SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to:

1. Approve the application, subject to a recommendation for approval of the application by the Public Arts Commission, and the issuance of a Certificate of Appropriateness by the Historic Site Preservation Board.

2. Adopt Resolution No. 24940
entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART

MURAL BY ARTIS T MICHAEL ANGELO HERNANDEZ ON THE SOUTH
WALL OF THE TOWN & COUNTRY COMPLEX A 169 NORTH INDIAN
CANYON DRIVE (CASE 21-003 MUR).”

2. PUBLIC HEARINGS:

A. PS COUNTRY CLUB, LLC FOR AN AMENDMENT OF THE DEVELOPMENT AGREEMENT FO R SERENA PARK – A RESIDENTIAL DEVELOPMENT
CONSISTING OF (386) ATTACHED AND DETACHED RESIDENTIAL UNITS, OPEN SPACE, STREETS, AND PARK SPACE ON 126- ACRES OF LAND

PREVIOUSLY OPERATED AS A GOLF COURSE GENERALLY LOCATED

EAST OF SUNRISE WAY, NORTH OF VERONA ROAD AND SOUTHWEST OF THE WHITEWATER RIVER WITHIN SECTIONS 1 AND 36 (CASE #5.1327 DA AMEND)

Director of Development Services Fagg narrated a PowerPoint presentation and responded to City Council inquiries.

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Mayor Holstege opened the public hearing.

Eric Taylor, applicant, spoke on efforts to maintain the property, work with the adjacent neighbors, and undergrounding of utilities; spoke on the challenges associated creating a third access point to the development.

Gary Canady, suggested adding a dog park to the development to be named the Bob Hope Memorial Dog Park.

James Green, urged the City Council to mandate a third access point to the development.

Mark Allen, applicant’s attorney, asserted that they are not asking for an amendment to the Development Agreement, but rather an acknowledgment that the request to delay a fee payment and timelines are consistent with the existing agreement.

Corrine Griswold expressed concerns regarding increases in cut-through traffic due to the proposed development and spoke in support of having a third access point.

Ross Brodie, urged City Council to mandate a third access point to the development.

Kathy Weremiuk , spoke on the Planning Commission’s deliberations relative to this project; recommended that the City Council require a third access point and require the developer to pay the required fees.

Jim McDevitt, expressed concerns regarding increased drive -through traffic in his neighborhood and urged City Council to require a third access point.

Denise Jens sen-Eager, urged the City Council to approve the Planning Commission’s recommendation.

Mark Lindquist expressed concern regarding cut-through traffic and requested that the City Council adopted the recommended actions.

Brock Bennett voiced support for a third access point into the development.

Eric Taylor, applicant, requested that the City Council not require a third access point; asserted that the Planning Commission’s recommendations were not part of the original development agreement. In response to City Council inquiry, Mr. Taylor agreed to pay $500,000 of the development fee by November 1, 2021.

Mayor Holstege closed the Public Hearing, there being no others desiring to speak.

In response to City Council inquiry, Dan Faina, Williams Homes, spoke on the company’s intent to purchase the subject property; advised that it is their intent to commence construction in 2022.

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Following discussion, MOTION BY COUNCILMEMBER GARNER , SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to introduce Ordinance No. 2051 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM SPRING CALIFORNIA, AMENDING SECTION 94.08.09 OF THE PALM SPRINGS ZONING

CODE AND APPROVING A DEVELOPMENT AGREEMENT AMENDMENT WITH PS

COUNTRY CLUB, LLC, RELATED TO THE SERENA PARK PROJECT

PERFORMANCE SCHEDULE FOR CONSTRUCTION, THE DEVELOPMENT

AGREEMENT FEE PAYMENT DATE, AND OTHER MINOR REVISIONS RELATED

TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL UNITS LOCATED NORTH OF VERONA ROAD, EAST OF

SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE

5.1427 DA AMENDMENT),” with direction to staff as outlined below. City Clerk Mejia read the ordinance by title.
a. The City would require $500,000 payable on November 1, 2021, with the balance of $2.5 million payable on November 1, 2022.
b. The applicant and City staff will develop a maintenance and security plan and a third access point for the property within thirty days for City Council for review and approval on the Consent Calendar.

MEETING RECESS

The City Council recessed at 9:00 p.m. and reconvened at 9:10 p.m., with all members present.

B. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC DESIGNATION OF “THE ROBERT ALEXANDER RESIDENCE” (AKA “THE HOUSE OF TOMORROW”) LOCATED AT 1350 LADERA CIRCLE, (APN #505 - 082-026), CASE HSPB #136

Director of Development Services Fagg presented the staff report.

Mayor Holstege opened the public hearing.

Dan Bridge
, representing the property owners, spoke in support of the historic designation and urged City Council approval.

Mayor Holstege closed the Public Hearing, there being no others desiring to speak.

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5 -0, to adopt Resolution No. 24942 entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE ROBER T ALEXANDER RESIDENCE” LOCATED AT 1350 LADERA CIRCLE, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #136, SUBJECT TO CONDITIONS (APN 505-082-026).”

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C. AN APPLICATION BY MICHAEL JOHNSTON AND DAVID ZIPPEL, OWNERS, FOR HISTORIC DESIGNATION OF “THE GOLDBERG RESIDENCE”
LOCATED AT 2340 SOUTHRIDGE DRIVE (APN #510 -250-006), CASE HSPB #135)

Director of Development Services Fagg presented the staff report.

Mayor Holstege opened the public hearing.

David Zippel
, Applicant, offered to respond to questions from City Council.

Mayor Holstege closed the Public Hearing, there being no others desiring to speak.

MOTION BY COUNCILMEMBER KORS, SECOND BY COU NCILMEMBER
GARNER, CARRIED 5-0, to adopt Resolution No. 24943 entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE GOLDBERG RESIDENCE” LOCATED AT 2340
SOUTHRIDGE DRIVE, AS CLASS 1 (LANDMARK) HISTORIC RESOURC E HSPB #135, SUBJECT TO CONDITIONS (APN 510-250-006).”

D. REQUEST BY PS SOCIAL GROUP, INC FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A TYPE 20 PACKAGE STORE (HYPHEN) FOR A CARRY- OUT CRAFT BEER AND ORGANIC WINE SHOP LOCATED AT 1007 NORTH PALM CANYON DRIVE, ZONE C- 1 (CASE 5.1535 PCN)

This agenda was amended to reorder this item as Consent Item 1Q.

E. ADOPT A RESOLUTION APPROVING A DISPOSITION AND DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND ALOE PALM CANYON L.P., FOR THE DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT 1479 N. PALM CANYON DRIVE IN PALM SPRINGS,
CALIFORNIA (APN 505 -182-010), ALLOCATING $400,000 IN HOUSING SUCCESSOR AGENCY FUNDS, AND DECLARING THE PROPERTY “EXEMPT SURPLUS LAND”

Community and Economic Development Director Virata presented the staff report.

Mayor Holstege opened the public hearing.

Rob Bergstein
, spoke in support of the proposed project.

Kathy Weremiuk voiced her support for this project and noted the need for more affordable housing in Palm Springs.

Mayor Holstege closed the Public Hearing, there being no others desiring to speak.

Item 1A - 32
City Council Minutes September 30, 2021

City of Palm Springs Page 13

MOTION BY COUNCILMEMBER GARNER , SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to:

1. Adopt Resolution No. 24944 entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DISPOSITION AND

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND ALOE PALM CANYON L.P., FOR THE DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT 1479 N. PALM CANYON DRIVE IN PALM SPRINGS, CALIFORNIA (APN 505 -182-010), ALLOCATING $400,000 IN HOUSING SUCCESSOR AGENCY FUNDS, AND DECLARING THE PROPERTY “EXEMPT SURPLUS LAND.”

2. Authorize the City Manager to execute all necessary documents and implement the sale of City-owned property with APN 505-182-010.

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

A. ACCEPT DONATION OF ARTWORK ENTITLED “PALM SPRINGS AIDS MEMORIAL” BY ARTIST PHILLIP K. SMITH, III, AND APPROVE

PLACEMENT IN DOWNTOWN PARK

Community and Economic Development Director Virata presented the staff report.

MOTION BY COUNCILMEMBER KORS , SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:

1. Accept donation of the public art piece “Palm Springs AIDS Memorial” by artist Phillip K. Smith, III, and approve its placement in the City’s Downtown Park.

2. Authorize the City Manager to execute all necessary documents.

Item 1A - 33
City Council Minutes September 30, 2021

City of Palm Springs Page 14
B. FISCAL YEAR 2020-2021 GENERAL FUND REVIEW AND FISCAL YEAR 2021- 2022 BUDGET UPDATE

Director of Finance Pauley narrated a PowerPoint presentation and responded to City Council inquiries.

Following discussion, MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Amend the FY 2021/22 Budget, increasing General Fund budgeted revenue by $7,400,000 to $134,956,424; increasing Measure J budgeted revenue by $1,300,000 to $17,800,000; and appropriating an additional $6,486,549 for various expenditures.

2. Amend the FY 2021/22 Allocated Positions and Compensation Plan, revising the “Frozen and Unfunded” allocated position list to fund the remaining twenty -three positions currently vacant due to the reduction in force implemented in FY 2019/20.

C. DISCUSS NEW SCOPE OF SERVICES FOR SOLID WASTE, RECYCLING, AND

ORGANIC WASTE COLLECTION SERVICES IN THE CITY OF PALM
SPRINGS TO ADDRESS THE REQUIREMENTS OF SB 1383 REGULATIONS

Sustainability Manager Tallarico narrated a PowerPoint presentation and responded to City Council inquires.

The City Council discussed the timeframe for community input, the need to review the existing franchise agreement, the definition of community composting, and the need for additional information about the state’s new requirements.

The City Council took no formal action on this matter.

D. JOINT ITEM OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AND THE PALM SPRINGS FINANCING AUTHORITY: AUTHORIZE ISSUANCE OF LEASE REVENUE REFUNDING BONDS, 2021 SERIES B (CONVENTION

CENTER REFINANCING) AND EXECUTION OF RELATED DOCUMENTS

Municipal Financial Advisor Harrell narrated a PowerPoint presentation.

MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to:

1. Acting as the City Council, adopt Resolution No. 24938 entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AUTHORIZING

PROCEEDINGS AND AGREEMENTS RELATING TO THE REFINANCING OF

THE ACQUISITION OF AND CONSTRUCTION OF IMPROVEMENTS FOR THE

CONVENTION CENTER, APPROVING ISSUANCE AND SALE OF BONDS BY

THE CITY OF PALM SPRINGS FINANCING AUTHORITY, APPROVING AN OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTIONS."

(City Council action continued on the next page)
Item 1A - 34
City Council Minutes September 30, 2021

City of Palm Springs Page 15

2. Acting as the Financing Authority Board, adopt Resolution No. FA -45 entitled, “A

RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF PALM

SPRINGS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF ITS

REFUNDING REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $60,000,000 IN CONNECTION WITH THE REFINANCING OF

THE ACQUISITION AND CONSTRUCTION OF PUBLIC CAPITAL

IMPROVEMENTS FOR THE CONVENTION CENTER, AUTHORIZING AND

DIRECTING EXECUTION OF AN INDENTURE OF TRUST AND AN AMENDED

AND RESTATED LEASE AGREEMENT, AN AMENDED AND RESTATED SITE

LEASE, ESCROW DEPOSIT AND TRUST AGREEMENT AUTHORIZING THE

SALE OF THE BONDS AND AN OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTIONS AND EXECUTION OF RELATED DOCUMENTS.”

3. Accept professional services proposal from Nor ton Rose Fulbright LP for disclosure counsel services.

4. Designate Stifel Nicolaus & Company, Incorporated to serve as underwriter.

5. Authorize the City Manager and Director of Finance & Treasurer to execute all necessary documents.

PUBLIC COMMENT ON NON-AGENDA ITEMS:

Jacob Simon,
voiced concern that he is required to obtain a permit to use a megaphone during VillageFest.

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA:

Councilmember Woods suggested that the discussion on the General Plan update may move forward on the City Council meeting of October 14, 2021.

ADJOURNMENT:

The City Council adjourned at 10:55 p.m.

Respectfully submitted,

Anthony J. Mejia, MMC
City Clerk

APPROVED BY CITY COUNCIL: __/__/2021
Item 1A - 35
Thursday, October 14, 2021
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 this meeting was conducted by teleconference and there was no in-person public access to the meeting location.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Holstege on Thursday, October 14 , 2021, at 5:45 p.m.

PLEDGE OF ALLEGIANCE:

Mayor Holstege led the Pledge of Allegiance.

ROLL CALL:

Present: Councilmembers Grace Elena Garner, Geoff Kors, Dennis Woods; Mayor Pro Tem Lisa Middleton; and Mayor Christy Holstege

Absent: None.

City Staff

PRESENTATIONS:
• PROCLAMATION RECOGNIZING THE 50TH ANNIVERSARY OF THE FRIENDS OF

PALM SPRINGS LIBRARY PRESENTED TO PRESIDENT NANCY MORRISON • UPDATE ON THE UNVEILING OF THE FALLEN OFFICERS MEMORIAL MURAL FOR OFFICER JOSE "GIL" VEGA AND OFFICER LESLEY ZEREBNY
• COMMUNITY INVITATION TO THE DOWNTOWN PARK GRAND OPENING ON OCTOBER 21, 2021
• PRESENTATION BY NICK BUETTNER ON THE BLUE ZONE INITIATIVE • COVID-19 CASE AND WASTEWATER TESTING UPDATE
Item 1A - 36
City Council Minutes October 14, 2021

City of Palm Springs Page 2
ACCEPTANCE OF THE AGENDA:

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to remove Consent Calendar Item No. 1C for separate discussion and delete Item 1D from the agenda.

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of October 14, 2021, was called to order by Mayor Holstege at 3:30 p.m., with all members present.

The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda:

CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Four (4) matters that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation.

CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Under existing facts and circumstances, there are four (4) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Gov ernment Code Section 54956.8:

Item 1A - 37
City Council Minutes October 14, 2021

City of Palm Springs Page 3
Property Description: Palm Springs Airport Property
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Air Canada, American, Alaska, Delta, Southwest, United, WestJet
Under Negotiation: Price and Terms of Payment

CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:

City Negotiator: Justin Clifton, City Manager or Designee Jeremy Hammond, Human Resources Director
Melissa Desmarais, Acting Chief of Police
Peter Brown, City Labor Negotiator

City Attorney Ballinger reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action.

PUBLIC TESTIMONY:

The following individuals spoke on Item 5B, urging the City Council to modify the waste hauler franchise agreement to support the creation of a community composting site within Palm Springs:
•
Bailey Preston
• Abbey Winston
• Janet Nelson
• Courtney Brown

The following individuals spoke on Item 5C, urging the City Council to keep the Tour de Palm Springs on Palm Canyon Drive:
•
Brian Ingleson
• Debra Griffith
• Sofia Campos

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS:

Councilmember Kors reported on his attendance at regional meetings and requeste d that the City Attorney review the legality of billboards displaying advertisements for cannabis businesses.

Mayor Pro Tem Middleton requested that staff agendize discussion related to Assembly Bill 43; reported on her attendance at various meetings and events; encouraged residents to learn more about a new clinical study office in Palm Springs.

Item 1A - 38
City Council Minutes October 14, 2021

City of Palm Springs Page 4
Councilmember Woods provided an update on the Coachella Valley signal synchronization project and the activities of the Coachella Valley Conservation Commission.

Councilmember Garner encouraged residents to get their flu vaccine; invited residents to participate in the upcoming District 1 Town Hall meeting.

Mayor Holstege invited residents to the CV Link Grand Opening and to participate in the upcoming City Council Subcommittee Business Retention meeting.

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER WOODS , SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to approve the consent calendar, with the removal of Item N o. 1C for separate discussion.

A. APPROVAL OF MINUTES

MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to approve the City Council Meeting Minutes of June 10 and |June 24, 2021.

B. APPROVE AN AGREEMENT WITH AEROCLOUD SYSTEMS, INC. TO

PROVIDE A MULTI -PLATFORM WEB- HOSTED AIRPORT OPERATIONS

DATABASE SERVICE AT PALM SPRINGS INTERNATIONAL AIRPORT

MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:

1. Approve an agreement with AeroCloud Systems, Inc. to provide a multi-platform web- hosted Airport Operations Database in the amount of $90,985 for a three-year term with two one-year options at an annual cost of $29,000, for a total amount of $148,985 for a five-year period. A8980

2. Authorize the City Manager or his designee to execute all necessary documents.

C. REQUEST BY EPSTEIN GLOBAL ARCHITECTURE ON BEHALF OF JUSHI PS

HOLDINGS LLC FOR A MINOR ARCHITECTURAL APPLICATION FOR

EXTERIOR IMPROVEMENTS TO AN EXISTING CANNABIS DISPENSARY LOCATED AT 4765 EAST RAMON ROAD(CASE 3.42 80 MAA), ZONE M1, APN #680-101-028

This item was excluded from the Consent Calendar. Please refer to Page 6 of these minutes for a summary of that action.

Item 1A - 39
City Council Minutes October 14, 2021

City of Palm Springs Page 5
D. APPROVE AN AGREEMENT WITH ABBE & ASSOCIATES FOR TECHNICAL

AND COMPLIANCE ASSISTANCE SUPPORT SERVICES FOR BUSINESSES

RELATIVE TO FOOD WARE AND FOOD WASTE REQUIREMENTS, AND
APPROVE AN APPROPRIATION OF $50,000 FOR SUSTAINABILITY

SCHOLARSHIPS PROGRAM

This item was deleted from the agenda.

E. REQUEST BY DAVID W. SEWHUK AND ROSALIND M. ORZEL, OWNERS,

FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 360 CABRILLO ROAD UNIT 128 -129, A CONTRIBUTING

STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC
DISTRICT (APN #504-131-030), (HSPB#88 / HD-3)

MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, David W. Sewhuk and Rosalind M. Orzel, and the Racquet Club Cottages West Homeowners Association. A8981

2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

F. AUTHORIZE ISSUANCE OF A LETTER TO THE COUNTY OF RIVERSIDE

REGARDING DRAFT MAPS FOR COUNTY SUPERVISORIAL DISTRICTS

MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to authorize the issuance of a letter to the County of Riverside regarding draft maps for County Supervisorial districts.

G. UPDATE ON SOCIALLY RESPONSIBLE INVESTING (SRI) AND

ENVIRONMENTAL, SOCIAL GOVERNANCE INVESTING (ESG)

MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to receive and file the update on Socially Responsible Investing (SRI) and Environmental, Social Governance Investing (ESG).

Item 1A - 40
City Council Minutes October 14, 2021

City of Palm Springs Page 6
H. SECOND READING AND ADOPTION OF ORDINANCE NO. 2051 OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09 OF THE

PALM SPRINGS ZONING CODE AND APPROVING A DEVELOPMENT

AGREEMENT AMENDMENT WITH PS COUNTRY CLUB, LLC, RELATED TO

THE SERENA PARK PROJECT PERFORMANCE SCHEDULE FOR

CONSTRUCTION, THE DEVELOPMENT AGREEMENT FEE PAYMENT

DATE, AND OTHER MINOR REVISIONS RELATED TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386

RESIDENTIAL UNITS LOCATED NORTH OF VERONA ROAD, EAST O F

SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH
(CASE 5.1427 DA AMENDMENT)

MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Ordinance No. 2051 entitled “AN ORDINANCE OF

THE CITY COUNCIL OF CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09 OF THE PALM SPRINGS ZONING CODE AND APPROVING A

DEVELOPMENT AGREEMENT AMENDMENT WITH PS COUNTRY CLUB, LLC,

RELATED TO THE SERENA PARK PROJECT PERFORMANCE SCHE DULE FOR

CONSTRUCTION, THE DEVELOPMENT AGREEMENT FEE PAYMENT DATE,

AND OTHER MINOR REVISIONS RELATED TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL UNITS

LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND
SOUTHWEST O F THE WHITEWATER RIVER WASH (CASE 5.1427 DA AMENDMENT).”

EXCLUDED CONSENT CALENDAR ITEMS:

C. REQUEST BY EPSTEIN GLOBAL ARCHITECTURE ON BEHALF OF JUSHI PS

HOLDINGS LLC FOR A MINOR ARCHITECTURAL APPLICATION FOR

EXTERIOR IMPROVEMENTS TO AN EXISTING CANNABIS DI SPENSARY LOCATED AT 4765 EAST RAMON ROAD(CASE 3.4280 MAA), ZONE M1, APN #680-101-028

Mayor Holstege announced her recusal due to a potential conflict of interest related to her source of income and left the meeting.

Director of Development Services Fagg presented the staff report and responded to City Council inquiries.

By consensus, the City Council requested that the Architectural Advisory Committee reconsider the building’s exterior façade improvements.

Item 1A - 41
City Council Minutes October 14, 2021

City of Palm Springs Page 7

MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 4- 0 (MAYOR HOLSTEGE RECUSED), to adopt Resolution No. 24945 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING A MINOR ARCHITECTURAL REVIEW APPLICATION (CASE NO. 3.4280 MAA) FOR EXTERIOR

IMPROVEMENTS TO AN EXISTING CANNABIS DISPENSARY LOCATED AT 4765 EAST RAMON ROAD.”

Mayor Holstege returned to the meeting.

2. PUBLIC HEARINGS: None.

3. LEGISLATIVE:

A. ADOPTION OF A RESOLUTION UPDATING THE CITY OF PALM SPRINGS

ADMINISTRATIVE FINE SCHEDULE TO ESTABLISH FINE AMOUNTS FOR

VIOLATIONS OF THE CANNABIS REGULATIONS CONTAINED IN PALM SPRINGS MUNICIPAL CODE CHAPTER 5.55

Mayor Holstege announced her recusal due to a potential conflict of interest related to her source of income and left the meeting.

Director of Special Program Compliance Goedhart narrated a PowerPoint presentation and responded to City Council inquiries.

Following discussion, MOTION BY COUNCILMEMBER WOODS , SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0 (MAYOR HOLSTEGE RECUSED), to adopt Resolution No. 24946
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, UPDATING THE ADMINISTRATIVE FINE

SCHEDULE TO ESTABLISH FINE AMOUNTS F OR VIOLATIONS OF THE CANNABIS REGULATIONS CONTAINED IN PALM SPRINGS MUNICIPAL CODE," with the following amendment:
a. “If any action or inaction qualifies under multiple fine amounts (i.e., could be categorized as a moderate violation or a serious violation, etc.) then whatever lesser higher fine amount is applicable shall be assessed.”

Mayor Holstege returned to the meeting.

Item 1A - 42
City Council Minutes October 14, 2021

City of Palm Springs Page 8

4. UNFINISHED BUSINESS:

A. DISCUSSION OF CITY COUNCIL STRATEGIC PLANNING RETREAT

City Manager Clifton presented the staff report and responded to City Council inquiries.

The City Council agreed to hold the first session on November 20, 2021 and encouraged staff to schedule the second session soon thereafter.

5. NEW BUSINESS:

A. AGREEMENT BETWEEN PALM SPRINGS UNIFIED SCHOOL DISTRICT AND

CITY OF PALM SPRINGS FOR LAW ENFORCEMENT SERVICES FROM

PALM SPRINGS POLICE DEPARTMENT FOR SCHOOL RESOURCE OFFICER

City Manager Clifton introduced Palm Springs Unified School District Superintendent Swize who presented the staff report and responded to City Council inquiries.

During the course of the discussion, members of the City Council expressed concern regarding the use of Local Control and Accountability Plan (LCAP) funding for reimbursement of the School Resource Officer (SRO).

Councilmember Garner noted that residents of her district are concerned about the placement of SROs in schools, citing that black students are subject to a disproportionate amount of discipline.

By consensus, the City Council agreed: 1) that the City of Palm Spr ings will not accept Local Control and Accountability Plan (LCAP) funds from the school district as reimbursement, 2) that the agreement renewal should be agendized for discussion and a school district representative should be invited to the City Council meeting.

MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-1 (COUNCILMEMBER GARNER VOTING NO), to:

1. Approve an agreement between the Palm Springs Unified School District and the City of Palm Springs to provide a full-time police officer (School Resource Officer) on the campus of Palm Springs High School and Desert Learning Academy for one year, expiring at the end of the 2021/2022 school year. A8982

2. Authorize the City Manager to execute all necessary documents.

MEETING RECESS

The City Council recessed at 8:30 p.m. and reconvened at 8:45 p.m., with all members present.

Item 1A - 43
City Council Minutes October 14, 2021

City of Palm Springs Page 9
B. CONSIDER AN EXTRAORDINARY RATE ADJUSTMENT REQUEST AND AN

ANNUAL RATE ADJUSTMENT PROPOSAL FOR SOLID WASTE AND

RECYCLING COLLECTION SERVICES

Sustainability Manager Tallarico presented the staff report and responded to City Council inquiries.

Mayor Holstege expressed concerns about moving forward with an extraordinary rate adjustment when other matters related to the franchise agreement need to be resolved, suggesting that all matters should be addressed holistically.

Councilmember Woods expressed concern that the rate increase is proportionately more for economy trash service than walk-in rates and requested more information in the future.

MOTION BY COUNCILMEMBER KORS , SECOND BY COUNCILMEMBER
WOODS, CARRIED 4-1 (MAYOR HOLSTEGE VOTING NO), to:

1. Approve an extraordinary rate adjustment for Palm Springs Disposal Services to address unanticipated costs associated with recycling and waste management.

2. Approve the current year standard rate adjustment for the period of July 1, 2021, through June 30, 2022.

3. Authorize the City to conduct a Public Hearing in accordance with Proposition 218 to get resident approval for these increases.

C. DISCUSSION OF TOUR DE PALM SPRINGS 2022 EVENT

Special Events Manager Waits narrated a PowerPoint presentation of the 2022 Tour De Palm Springs event.

By consensus, the City Council agreed that the Tour De Palm Springs should remain on Palm Canyon Drive and requested that staff and stakeholders meet to discuss ways to mitigate impacts to nearby businesses.

PUBLIC COMMENT ON NON-AGENDA ITEMS:

Jaclyn Aviles,
invited the City Council to the open house event for the Think Together After-School Program.

Jackie Lopez
, invited the City Council and public to an open house for Green Savants.

Item 1A - 44
City Council Minutes October 14, 2021

City of Palm Springs Page 10

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:

Councilmember Kors requested staff agendize potential amendments to the Public Integrity Ordinance and consideration of issuing a letter to the Attorney General to investigate claims by the ACLU against the Riverside County Sheriff’s Department.

ADJOURNMENT:

The City Council adjourned at 10:27 p.m.

Respectfully submitted,

Anthony J. Mejia, MMC
City Clerk

APPROVED BY CITY COUNCIL: __/__/2021
Item 1A - 45

CITY COUNCIL STAFF REPORT
01/13/2022 1. B.

City Clerk -

SUBJECT

RATIFY THE NOMINATION OF THE CITY OF PALM DESERT TO THE PALM

SPRINGS INTERNATIONAL AIRPORT COMMISSION
RECOMMENDATION:

Appoint Kevin Wiseman, representing the City of Palm Desert, to the Palm Springs International Airport Commission effective immediately for a term ending June 30, 2025.

Attachments
Item 1B

CITY COUNCIL STAFF REPORT
DATE: J
anuary 13, 2022 CONSENT CALENDAR
SUBJECT: RATIFY THE NOMINATION OF THE CITY OF PALM DESERT TO THE

PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION
FROM: Justin Clifton, City Manager
BY: Anthony J. Mejia, City Clerk
RECOMMENDATION:

Appoint
Kevin Wiseman, representing the City of Palm Desert, to the Palm Springs International Airport Commission effective immediately for a term ending June 30, 2025.

BACKGROUND:

In Nov
ember 2017, the City Council amended the Palm Springs Municipal Code to provide that each representative City nominate, and the Palm Springs City Council appoint, the representative member to the Palm Springs International Airport Commission.

The City received notification from the City of Palm Desert of their nomination of Kevin Wiseman to a term ending June 30, 2025.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Anthony J. Mejia
City Manager: Justin Clifton
Att
achment:

1. Commission Roster

2. Nomination Staff Report
Item 1B - 1
ATTACHMENT 1
Palm Springs Inte
rnational Airport Commission
Member Orig inal Appointm
ent Term Expires
Peter Freymuth, *County of Riverside September 7, 2011 December 31, 2020 Pavel Budilo, City of Indian Wells July 10, 2019 June 30, 2021 Rolf Hoehn, *City of Palm Desert March 5, 2008 June 30, 2021 Kathleen Hughes, City of La Quinta June 21, 2017 June 30, 2021 Jan Pye, City of Desert Hot Springs July 11, 2018 February 28, 2022 Gerald Adams June 19, 2019 June 30, 2022
Todd Burke June 19, 2019 June 30, 2022
David Feltman June 19, 2019 June 30, 2022
Gabriel Martin, City of Coachella January 14, 2021 June 30, 2022 Jhan Schmitz, *City of Indio March 20, 2017 March 31, 2023 Patricia Breslin* June 21, 2017 June 30, 2023
Robert Hedrick* June 21, 2017 June 30, 2023
John Payne September 9, 2021 June 30, 2023
Kevin Corcoran* December 19, 2018 June 30, 2024
Aftab Dada* December 13, 2017 June 30, 2024
Scott G. Miller June 24, 2021 June 30, 2024
Manuel Guillermo Suero* December 19, 2018 June 30, 2024 Thomas Weil, City of Rancho Mirage June 10, 2021 June 30, 2024 Jill Philbrook, City of Cathedral City January 14, 2021 June 30, 2024 Presumed Gender Make-up of the Commission after recommended appointment:

Male: 15 F emale: 4
Item 1B - 2

CITY COUNCIL STAFF REPORT
01/13/2022 1. C.

City Clerk -

SUBJECT

APPOINTMENT TO THE PLANNING COMMISSION
RECOMMENDATION:

Appoint Scott Miller to the Planning Commission for a term ending June 30, 2024.

Attachments
Item 1C

CITY COUNCIL STAFF REPORT
DATE: January 13, 2022 CONSENT CALENDAR
SUBJECT: APPO INTMENT TO THE PLANNING COMMISSION
FROM: J ustin Clifton, City Manager
BY: A nthony J. Mejia, City Clerk
RECOMMENDATION:

Appoint Scott Miller to the Planning Commission for a term ending June 30, 2024.

BACKGROUND:

On July 1, 2021, the City Council conducted interviews for the Historic Site Preservation Board and Planning Commission. At the time, the City Council provided direction that in the event of an unscheduled vacancy, the City Council requests that the Interviewing Subcommittee (consisting of Mayor Middleton and Councilmember Woods) review any new applications and determine whether to forward a recommendation to appoint Scott Miller to the Planning Commission or proceed with interviews by the full City Council.

With the resignation of Maria Song, there is an immediate vacancy on the Planning
Commission. The City Council Subcommittee recommends proceeding with the appointment of Scott Miller to the Planning Commission for a term ending June 30, 2024. Mr. Miller has maintained a perfect attendance record on the Historic Site Preservation Board.

As a result of the potential appointment, there will be an unscheduled vacancy on the His toric Site Preservation Board. In accordance with Government Code 54974, Staff will post a notice of unscheduled vacancy for a minimum of 10 working days before proceeding with any potential interviews or appointments.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Anthony J. Mejia
City Manager: Justin Clifton
Attachment 1: Planning Commission Roster
Item 1C - 1
=======±===---=========--
City Council Staff Report
January 13, 2022 -- Page 2
Appointment to the Planning Commission

ATTACHMENT 1

PLANNING COMMISSION
Member Original Appointment Expires
Lauri Aylaian June 24, 2021 June 30, 2022
Charlie Ervin Jr. January 7, 2020 June 30, 2022
Michael Hirschbein* January 29, 2016 June 30, 2023
Peter Moruzzi* January 3, 2018 June 30, 2023
JR Roberts March 22, 2021 June 30, 2024
Kathy Weremiuk January 7, 2020 June 30, 2024
Vacancy June 30, 2024

Presumed Gender Make-up of the Commission after recommended appointment:

Male: 5 Female: 2
Item 1C - 2

CITY COUNCIL STAFF REPORT
01/13/2022 1. D.

City Clerk -

SUBJECT

RESOLUTION IN SUPPORT OF NET ENERGY METERING
RECOMMENDATION:

Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF NET ENERGY METERING.” Attachments
Item 1D

CITY COUNCIL STAFF REPORT
DATE: January 13, 2022 CONSENT CALENDAR
SUBJECT: RESOLUTION IN SUPPORT OF NET ENERGY METERING
FROM: Justin Clifton, City Manager
BY: Anthony J. Mejia, City Clerk
SUMMARY:

The C
ity Council is requested to adopt a resolution in support of Net Energy Metering (NEM) and authorize Staff to transmit the resolution to Governor Newsom, State Senator Melendez, Assembly Member Mayes, and members of the California Public Utilities Commission (CPUC).

RECOMMENDATION:

Ad
opt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF NET ENERGY METERING.” BACKGROUND:

Cus
tomers who install small solar, wind, biogas, and fuel cell generation facilities to serve all or a portion of on-site electricity needs are eligible for the state's Net Energy Metering (NEM) program. NEM allows customers who generate their own energy to serve their energy needs directly on-site and to receive a financial credit on their electric bills for any surplus energy fed back to their utility.

The current NEM program was adopted by the California Public Utilities Commission (CPUC) in Decision (D.)16-01-044 on January 28, 2016. The program provides customer- generators rate credits for energy exported to the grid and requires them to pay charges that align NEM customer costs more closely with non- NEM customer costs. NEM is designed to support the installation of customer-sited renewable energy generation.

Recently, the CPUC launched a formal proceeding to update the current NEM structure.

The new rulemaking is referred to as NEM 3.0 because this is the third iteration of the NEM program. Over 17 proposals have been submitted to the CPUC for consideration, including a joint proposal from the state’s big three investor-owned utilities (IOUs), Pacific Gas & Electric, Southern California Edison, and San Diego Gas & Electric. Opponents of the big three IOUs’ joint proposal claim that it would hinder the state’s highly successful Item 1D - 1
City Council Staff Report
January 13, 2021 -- Page 2
Resolution in Support of Net Energy Metering
rooftop solar market which is a key strategy in the state reaching its lofty clean energy and environmental goals.

NEM 3.0 is currently progressing through the necessary steps at the CPUC as part of the rulemaking proceeding. While it would be premature at this time to advocate for one particular proposal of the over 17 submitted, the City Council should adopt the attached Resolution, which is general in nature but includes key goals and themes that are consistent with the City’s Sustainability Goals.

These include:
• Protecting and expanding rooftop solar via a strong succeeding NEM tariff and expanding clean energy access by making it easier, not harder, for people to adopt rooftop solar and energy storage in order to meet California's ambiti ous clean energy targets and deploy solar in all communities and households, particularly those struggling to pay for electricity; and
• Expressing its support for the items as stated above, including urging the CPUC to:
(i) strengthen NEM to expand access to all households, particularly those of low- and moderate-income;
(ii) expand access to other clean energy technologies that pair with solar, such as batteries;
(iii) ensure that the solar installations continue to grow in order to meet State and City climate goals; and
(iv) exclude provisions set forth in the IOU Proposal such as high monthly fixed fees and reducing or eliminating credits for sharing electricity with the power grid.

While the big three IOUs’ plan and the solar and environmental advocates’ plan are largely in opposition, a consensus is emerging that a fair and effective rooftop solar policy must share its benefits with low -income and disadvantaged communities that have previously been left out.

FISCAL IMPACT:

Ther
e is no fiscal impact as a result of adopting this resolution.

REVIEWED BY:

City Clerk: Anthony Mejia
Director of Development Services Flinn Fagg
City Manager: Justin Clifton
At
tachment:

1. Draft Resolution
Item 1D - 2

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, IN SUPPORT OF NET

ENERGY METERING
WHEREAS, Net Energy Metering (NEM) is designed to support the installation of customer-sited renewable energy generation; and
WHEREAS, NEM allows customers to receive bill credits for power generated by their solar system and shared with the power grid and ultimately save money on their utility bills; and
WHEREAS, NEM is what has allowed solar to become increasingly accessible to low- and moderate-income households; and
WHEREAS, the California Public Utilities Commission (CPUC) has launched a formal proceeding to update the current NEM structure to be introduced in 2022 as NEM

3.0 and a number of parties have submitted their proposal for what they believe NEM 3.0 should look like; and
WHEREAS, the California Investor Owned Uti lities (IOUs), Pacific Gas and Electric, San Diego Gas & Electric , and Southern California Edison, have submitted a joint proposal (the “IOU Proposal”) that calls for drastic changes to NEM that would make customer-sited renewable energy more expensive, increase the amount of time it takes for customers to pay off their systems, and ground to a halt the installation of distributed solar in California; and
WHEREAS, The IOU Proposal would make it impossible for customer -sited renewables to continue to grow sustainably as mandated by law as a result of high monthly fixed fees for all solar installations, and slashing credits customers receive for sharing their excess electricity with the power grid; and WHEREAS, proposals submitted to CPUC by Protect Our Comm unities Foundation, California Solar & Storage Association, Vote Solar, GRID Alternatives, Solar Energy Industries Association, and others not only would encourage new solar adoption but also include additional subsidies for low-income customers; and WHEREAS, California cannot meet its clean energy targets in time with utility-scale solar alone and needs to triple the amount of rooftop solar, as reported by the California Energy Commission 2021 SB 100 Joint Agency Report Summary; and WHEREAS, protecting rooftop solar and expanding access to rooftop solar in communities of concern will help California as well as our own city to move toward 100 percent clean energy, lessen the impacts of the climate crisis, and reduce climate injustices from dirty energy; and
WHEREAS, we are in a climate crisis and need to make the transition to clean energy more accessible.

Item 1D - 3
Resolution No.

Page 2 ends

NOW,
THEREFORE, BE IT RESOLVED by the Council of the City of Palm Springs that it supports protecting and expanding rooftop solar via a strong succeeding NEM tariff and expanding clean energy access by making it easier, not harder, for people to adopt rooftop solar and energy storage in order to meet California's ambitious clean energy targets and deploy solar in all communities and households, particularly those struggling to pay for electricity;
BE IT FURTHER RESOLVED that the Palm Springs City Council urges the CPUC to:
(i) strengthen NEM to expand access to all households, particularly those of low- and moderate-income;
(ii) expand access to other clean energy technologies that pair with solar, such as batteries;
(iii) ensure that the solar installations continue to grow in order to meet State and City climate goals; and
(iv) exclude provisions set forth in the IOU Proposal such as high monthly fixed fees, and reducing or eliminating credits for sharing electricity with the power grid.

BE IT FURTHER RESOLVED that that copies of this Resolution shall be sent to Governor Gavin Newsom, State Senator Melissa Melendrez, Assemblymember Chad Mayes, and members of the California Public Utilities Commission Board.

ADOPTED this __ day of ______, 2022.

Ju stin Clifton, City Manager
ATTEST:

Anthony J. Mejia, MMC
City Clerk
Item 1D - 4
Resolution No.

Page 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

Anthony J. Mejia, MMC
City Clerk
Item 1D - 5

CITY COUNCIL STAFF REPORT
01/13/2022 1. E.

City Clerk -

SUBJECT
SECOND READING AND ADOPTION OF ORDINANCE NO. 2054 VESTING A

DEVELOPMENT AGREEMENT WITH DESERT AIDS PROJECT FOR AN
18,500-SQUARE FOOT EXPANSION OF COMMUNITY HEALTH FACILITIES ALLOWING ENTITLEMENTS FOR TEN (10) YEARS LOCATED AT 1695 NORTH

SUNRISE WAY
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2054 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VESTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND DESERT AIDS PROJECT FOR AN 18,500-SQUARE FOOT EXPANSION OF COMMUNITY HEALTH FACILITIES ALLOWING ENTITLEMENTS FOR TEN (10) YEARS LOCATED AT 1695 NORTH SUNRISE WAY."
Attachments
Item 1E

CITY COUNCIL STAFF REPORT
DAT
E: January 13, 2022 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 205 4

VESTING A DEVELOPMENT AGREEMENT WITH DESERT AIDS
PROJECT FOR AN 18,500 -SQUARE FOOT EXPANSION OF

COMMUNITY HEALTH FACILITIES ALLOWING ENTITLEMENTS FOR
TEN (10) YEARS LOCATED AT 1695 NORTH SUNRISE WAY
FROM: Justin Clifton, City Manager
BY: Anthony J. Mejia, City Clerk
RECOMMENDATION:

Wai
ve the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2054 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, VESTING A DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF PALM SPRINGS AND DESERT AIDS PROJECT FOR AN 18,500-SQUARE FOOT EXPANSION OF COMMUNITY HEALTH FACILITIES ALLOWING ENTITLEMENTS FOR TEN (10) YEARS LOCATED AT 1695 NORTH SUNRISE WAY."
BACKGROUND:

On D
ecember 9, 2021, the City Council introduced Ordinance No. 2054 for first reading, as noted below:

MOTION BY COUNCILMEMBER KORS , SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5- 0, to introduce Ordinance No. 2054 entitled, " AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, VESTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND DESERT AIDS PROJECT FOR AN 18,500 -SQUARE

FOOT EXPANSION OF COMMUNITY HEALTH FACILITIES ALLOWING
ENTITLEMENTS FOR TEN (10) YEARS LOCATED AT 1695 NORTH SUNRISE WAY.”
City Attorney’s Summary: This Ordinance approves a Development Agreement for a term of ten (10) years unless otherwise terminated or modified as set forth in the Development Agreement, vesting the discretionary entitlements associated with an 18,500-square foot building expansion, identified by Case No.'s 5.0934 PD 218 and 3.1047 MAJ.

Item 1E - 1
City Council Staff Report
January 13, 2022 -- Page 2
Second Reading of Ordinance Relating to Desert Aids Project This report provides for the City Council to waive further reading and adopt the ordinance.

The ordinance shall be effective 30-days from adoption.

REVIEWED BY:

Department Director: Anthony J. Mejia
City Manager: Justin Clifton
ATTACHMENT:

Or
dinance No. 2054.

Item 1E - 2

ATTACHMENT 1
Item 1E - 3
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, VESTING A

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF

PALM SPRINGS AND DESERT AIDS PROJECT FOR AN
18,500-SQUARE FOOT EXPANSION OF COMMUNITY

HEALTH FACILITIES ALLOWING ENTITLEMENTS FOR
TEN ( 10) YEARS LOCATED AT 1695 NORTH SUNRISE
WAY.

City Attorney's Summary
This Ordinance approves a Development Agreement for a term of ten (10) years unless otherwise terminated or modified as set forth in the Development Agreement, vesting the discretionary entitlements associated with an 18,5 00-square foot building expansion, identified by Case No.'s 5.0934 PD 218 and 3.1047 MAJ.

THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES AS FOLLOWS:

A. The Desert Aids Project , a California nonprofit public benefit corporation, ("Applicant") filed an application with the City, pursuant the Palm Springs Zoning Code (PSZC) Chapter 94 and State of California Governmental Code Sections 65350-65362 to modify the General Plan land use designation of the subject site from "Public/Quasi Public and Medium Density Residential" to "Mixed Use/Multi - Use" for the development known as the Desert Aids Project on a 13.2-acre campus, including a Planned Development District (POD) in lieu of a Change of Zone (Case

5.0934 PD -281) to expand the POD boundaries, and establish development standards to allow for the Vista Sunrise II, a 61-unit affordable housing project and for site improvements to include an 18,500-square foot addition connecting the OAP Building to the adjacent OAP Annex, site and landscape improvements, the construction of Vista Sunrise II (61-unit) special needs housing apartment building, and a reconfiguration and improved retention basin and dog park located at 1695 North Sunrise Way, (APN's 507-100-026,-041,- 042,-044,-045) ("Project").

B. On July 20, 2020, the Architectural Advisory Committee voted to recommend conditional approval of the Project to the Planning Commission.

C. The Applicant has also submitted an application with the City (Case 5.0934 DA to vest the above-stated land use entitlements with respect to the 18,500-square foot expansion to the health facilities for a period of ten (10) years, and such other terms and conditions as provided therein.

Item 1E - 4
D. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California has enacted California Government Code § 65864 et seq. (the "Development Agreement Statute"), which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property regarding the development of such property. This Development Agreement has been processed and, considered in accordance with the procedures and requirements as set forth in the Development Agreement Statute.

E. Pursuant to Government Code section 65865(c), the City of Palm Springs previously adopted Ord. 1829 § 3, 2013; Ord. 1294, 1988 [PSMC § 94.08.00], that set forth rules and regulations establishing procedures and requirements for consideration of development agreements. This Development Agreement has been processed and, considered, in accordance with the procedures and requirements as set forth in the City's Ordinances and Municipal Codes.

F. A notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider the proposed Development Agreement for the Project was given in accordance with applicable law, and on November 17, 2021, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the proposed Project entitlements and Development Agreement for the Project, including but not limited to the staff report, and all written and oral testimony presented, and voted 6 to 0, (1 recusal) to recommend approval of the proposed Project entitlements and Development Agreement for the Project, with recommendations for amendment, to the City Council.

G. A notice of public hearing of the City Council of the City of Palm Springs, California to consider the proposed Project and entitlements and Development Agreement was given in accordance with applicable law and on December 9, 2021, the City Council held a public hearing in accordance with applicable law, and carefully reviewed and considered all of the evidence presented in connection with the hearing on the proposed Project and entitlements and Development Agreement for the Project, including but not limited to the staff report, all written and oral testimony presented, and the Planning Commission's recommendations.

H. The Project is considered a "project" pursuant to the California Environmental Quality Act (CEQA). An Initial Study was prepared for the Project and evaluated, and the prior analysis found no impacts requiring further study. The City Council has reviewed and considered the information in the Initial Study and has, by separate resolution, certified the final Mitigated Negative Declaration in accordance with CEQA.

Item 1E - 5

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The findings and determinations reflected above are all true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance.

SECTION 2. The Final Initial Study and Mitigated Negative Declaration adopted by the City Council on December 12, 2020 along with its Addenda are the controlling environmental documents for the Council's consideration of the Development Agreement for the Project.

SECTION 3. The Development Agreement complies with the provisions of the Palm Springs Municipal Code PSMC § 94.08.00, as follows:

a. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan.

The Development Agreement is consistent with the City of Palm Springs General Plan in that the Development Agreement conforms to the Mixed Use/Multi-Use land use designation.

b. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located.

c. The Development Agreement is in conformity with public convenience, general welfare and good land use practice.

The Development Agreement is in conformance with established City goals, objectives, and regulations outlined in the City's General Plan, the Specific Plan, and the City's Zoning Ordinance.

d. The Development Agreement will not be detrimental to the health, safety and general welfare.

The Development Agreement is not detrimental to the health, safety, and welfare of the community in that all established zoning and development standards continue to be applicable.

e. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values.

Item 1E - 6

The Development Agreement reflects the approved conditions of approval of the Project which serve to insure the preservation of property values in the vicinity.

SECTION 4. The Development Agreement is hereby approved in exchange for the following mutual benefits:

a. The Development Agreement will assure adequate public facilities at the time of development.

b. The Development Agreement will facilitate the construction of an 18, 500-square foot building expansion of the health care facility serving residents of the City. c. The Development Agreement will assure development in accordance with City's land use policies and goals
d. The Development Agreement will provide for orderly growth consistent with the City's General Plan, and other public policies.
e. The Development Agreement is intended to provide certainty in the development approval process by vesting the permitted uses, densities and intensity of use with respect to the housing project on the subject property. f. The execution of the Development Agreement furthers the public health, safety and general welfare of the community.

SECTION 5. Approval of the Desert Aids Project Development Agreement. The City Council hereby approves the Development Agreement, the text of which is set forth in the document entitled "Development Agreement by and between City of Palm Springs and the Desert Aids Project, a California non-profit public benefit corporation, Case No. 5.0934 PD 218 and 3.1047 MAJ" and authorizes execution thereof by the City Manager. The provisions of this section shall apply to all property described on Exhibit "A".

SECTION 6. The Palm Springs Zoning Code § 94.08 is hereby amended by adding Section 94.08.12 to read as follows:

"Section 94.08.12 Desert Aids Project

A Desert Aids Project Development Agreement

1. Purpose. The purpose of this section is to establish a development agreement to guide the orderly development and improvement of the Desert Aids Project campus to which is located at 1695 North Sunrise Way (APN 507-100- 041) in the City of Palm Springs as legally described on Exhibit "A" of the Development Agreement, attached to the Ordinance codified in this section and incorporated herein by reference. The property is part of the mixed- use Desert Aids Project campus providing a variety of medical services and special needs housing. Hereafter, the property shall also be designated "Development Agreement.

Item 1E - 7

2. Adoption of Desert Aids Project Development Agreement. There is adopted the Desert Aids Project Development Agreement, the text of which is set forth in the document entitled "Development Agreement by and between City of Palm Springs and the Desert Aids Project, a California nonprofit public benefit corporation to expand the existing health care facility within the Desert Aids Project campus per Case No. 5.0934 PD 281 and Case No. 3.1047 MAJ", included with the ordinance which codified this section, which agreement is incorporated in this section by reference. The provisions of this section shall apply to all property described on Exhibit "A" attached to the Development Agreement and incorporated herein by reference.

3. Property Development and Other Standards. The property which is subject to the Desert Aids Project Development Agreement shall be maintained in accordance with all policies, requirements, regulations, and provisions set forth in the Desert Aids Project Development Agreement. The developer's performance of its obligations under the Desert Aids Project Development Agreement shall be subject to annual review as provided therein.

SECTION 7. The Official Zoning Map of the City of Palm Springs is hereby amended by reclassifying the property from Case 5.0934 PD 281 to being subject to the Desert Aids Project Development Agreement "Development Agreement No. ??" or "DA," all of that real property described in Exhibit "A".

SECTION 8. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage.

SECTION 9. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS _____ DAY OF ______________, _________.

MAYOR

ATTEST:

ANTHONY J. MEJIA, MMC

CITY CLERK

Item 1E - 8

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

ANTHONY J. MEJIA, MMC

CITY CLERK

Item 1E - 9

CITY COUNCIL STAFF REPORT
01/13/2022 1. F.

City Clerk -

SUBJECT
SECOND READING AND ADOPTION OF ORDINANCE NO. 2055 AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 12.20.020 TO UPDATE THE PRIMA

FACIE SPEED LIMITS OF VARIOUS CITY STREETS
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2055 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.20.020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS OF VARIOUS CITY STREETS."
Attachments
Item 1F

CITY COUNCIL STAFF REPORT
DAT
E: January 13, 2022 CONSENT CALENDAR
SUBJECT: S ECOND READING AND ADOPTION OF ORDINANCE NO. 205 5 AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 12.20.020 TO

UPDATE THE PRIMA FACIE SPEED LIMITS OF VARIOUS CITY

STREETS
FROM: J
ustin Clifton, City Manager
BY: A nthony J. Mejia, City Clerk
RECOMMENDATION:

PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS OF VARIOUS CITY STREETS."
BACKGROUND:

On December 9, 2021, the City Council introduced Ordinance No. 2055 for first reading, as noted below:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to introduce Ordinance No. 2055 entitled, " AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.20.020 OF THE PALM SPRINGS

MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS OF VARIOUS CITY STREETS.”
City Attorney ’s S
ummary: This Ordinance establishes prima facie speed limits in accordance with the California Vehicle Code.

This report provides for the City Council to waive further reading and adopt the ordinance.

T
he ordinance shall be effective 30-days from adoption.

REVIEWED BY:

Department Director: Anthony J. Mejia
City Manager: Justin Clifton
ATTACHMENT: Ordinance No. 2055
Item 1F - 1
ATTAC
HMENT 1
Item 1F - 2
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 12.20.020 OF THE

PALM SPRINGS MUNICIPAL CODE, RELATING TO THE

ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS OF

VARIOUS CITY STREETS

City Attorney’s Summary
This Ordinance establishes prima facie speed limits in accordance with the California Vehicle Code.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. REVISED TITLE. Section 12.20.020 “Decrease of State Maximum Speed Law” is hereby amended to read: Section 12.20.020 “Prima Facie Speed Limits Established.”

SECTION 2. AMENDED CODE. The text of Section 12.20.020 is hereby deleted and replaced with the following:

In accordance with California Vehicle Code Sections 22357 and 22358, it is determined, based upon an engineering and traffic survey dated November 24, 2021, prepared by Kimley Horn and Associates, Inc. at the direction and under the supervision of the City Engineer of the City of Palm Springs, that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon the City streets so designated herein otherwise subject to a prima facie limit of 25 miles per hour; and, as the case may be, that the limit of 65 miles per hour is more than is reasonable or safe upon the City streets so designated herein.

It is declared that the prima facie speed limit shall be as herein set forth on the following streets designated in this section, when appropriate signs giving notice thereof are erected upon the street.

No. Location Name Segment Start Segment End
Prima
Facie
Speed
Limit
1 18th Avenue West City Limits Indian Canyon Dr 25
2 19th Avenue Karen Ave Indian Canyon Dr 25
3 20th Avenue West City Limits Indian Canyon Dr 25
4 Acanto Dr S Palm Canyon Dr East End 25
5 Alejo Rd West End Miraleste 30
6 Alejo Rd Via Miraleste Avenida Caballeros 40
7 Alejo Rd Avenida Caballeros Sunrise Way 40
8 Alejo Rd Sunrise Way Farrell Dr 40
9 Alejo Rd Farrell Dr East End 30
Item 1F - 3
Ordinance No. _____

Page 2 ends

No. Location Name Segment Start Segment End
Prima
Facie
Speed
Limit
10 Amado Rd West End Indian Canyon Dr 25
11 Amado Rd Indian Canyon Avenida Caballeros 35
12 Amado Rd Avenida Caballeros Sunrise Way 40
13 Amado Rd Sunrise Way Farrell Dr 35
14 Andreas Rd Hermosa Dr Sunrise Way 25
15 Andreas Rd Sunrise Way Farrell Dr 25
16 Andreas Rd Farrell Dr East End 25
17 Araby Dr E Palm Canyon Dr South End 25
18 Arenas Rd West End Indian Canyon Dr 25
19 Arenas Rd Indian Canyon Dr Calle El Segundo 25
20 Arenas Rd Calle El Segundo Hermosa Dr 25
21 Avenida Caballeros North End San Rafael Dr 25
22 Avenida Caballeros San Rafael Dr Vista Chino 40
23 Avenida Caballeros Vista Chino Tachevah Dr 40
24 Avenida Caballeros Tachevah Dr Tamarisk Rd 35
25 Avenida Caballeros Tamarisk Rd Alejo Rd 35
26 Avenida Caballeros Alejo Rd Tahquitz Canyon Way 35
27 Avenida Caballeros Tahquitz Canyon Way Ramon Road 35 28 Avenida Granada S Palm Canyon Dr Camino Real 25
29 Baristo Rd Avenida Caballeros Sunrise Way 40
30 Baristo Rd Sunrise Way Farrell Dr 35
31 Baristo Rd Farrell Dr El Cielo Rd 35
32 Barona Rd E Palm Canyon Dr South End 30
33 Belardo Rd Alejo Rd Tahquitz Canyon Way 25
34 Belardo Rd Tahquitz Canyon Ramon Rd 25
35 Belardo Rd Ramon Rd Sunny Dunes Rd 35
36 Belardo Rd Sunny Dunes S Belardo Rd/Palm
Canyon Dr 35
37 Bogert Trail South Palm Canyon Palm Canyon Wash 30
38 Bogert Trail Palm Canyon Wash South End 30
39 Broadmoor Dr Cherry Hills Dr E Palm Canyon Dr 25
40 Caliente Dr La Verne Way Via Estrella 25
41 Calle Alvarado Alejo Rd South End 25
Item 1F - 4
Ordinance No. _____

Page 3 ends

No. Location Name Segment Start Segment End
Prima
Facie
Speed
Limit
42 Calle El Segundo Alejo Rd Amado Rd 30
43 Calle El Segundo Amado Rd Tahquitz Canyon Way 30
44 Calle El Segundo Tahquitz Canyon Way Ramon Road 30
45 Calle Encilia Alejo Rd Amado Rd 35
46 Calle Encilia Amado Rd Tahquitz Canyon Way 30
47 Calle Encilia Tahquitz Canyon Arenas Rd 30
48 Calle Encilia Arenas Rd Ramon Rd 30
49 Calle Palo Fierro Mesquite Rd E Palm Canyon Dr 25
50 Calle Palo Fierro E Palm Canyon Dr La Verne Way 25
51 Calle Palo Fierro La Verne Way South End 25
52 Camino Real Ramon Rd Riverside Dr 25
53 Camino Real Riverside Dr E Palm Canyon Dr 25
54 Camino Real E Palm Canyon Dr La Verne Way 35
55 Camino Real La Verne Way Avenida Granada 25
56 Camino Real Avenida Granada Murray Canyon Way 25
57 Cerritos Rd North End Racquet Club Dr 25
58 Cerritos Rd Racquet Club Dr Vista Chino 25
59 Cerritos Rd Vista Chino Tachevah Dr 25
60 Cerritos Rd Tachevah Dr Alejo Rd 25
61 Cerritos Rd Alejo Rd Amado Rd 25
62 Cerritos Rd Mesquite Ave E. Palm Canyon Dr 25
63 Civic Dr Aviation Rd Tahquitz Canyon Way 30
64 Civic Dr Tahquitz Canyon Way Baristo Rd 25
65 Compadre Rd Baristo Rd Ramon Rd 25
66 Compadre Rd Ramon Rd Sunny Dunes Rd 25
67 Lawrence Crossley Rd Ramon Rd 34th Street 45
68 De Anza Rd/Cortez Rd Yorba Rd Zanjero Rd 25
69 Dillon Rd Diablo Rd Melissa Lane 55
70 Dillon Rd Melissa Ln Indian Canyon Dr 55
71 Dinah Shore Dr Gene Autry Trail Crossley Rd 45
72 Dinah Shore Dr Crossley Rd East City Limits 50
73 E Palm Canyon Dr S. Palm Canyon Dr Sunrise Way 45
74 E Palm Canyon Dr Sunrise Way Farrell Dr 45
Item 1F - 5
Ordinance No. _____

Page 4 ends

No. Location Name Segment Start Segment End
Prima
Facie
Speed
Limit
75 E Palm Canyon Dr Farrell Dr Rim Rd 50
76 E Palm Canyon Dr Rim Rd Cherokee Way 50
77 E Palm Canyon Dr Cherokee Way Gene Autry Way 50
78 Eastgate Rd/Tramview Rd Gateway Rd Indian Canyon Dr 25 79 El Cielo Rd North End Tahquitz Canyon Way 40
80 El Cielo Rd Tahquitz Canyon Way Ramon Rd 40
81 El Cielo Rd Ramon Rd Mesquite Ave 40
82 El Cielo Rd Mesquite Ave Escoba Dr 45
83 Escoba Dr El Cielo Rd E Palm Canyon Dr 40
84 Farrell Dr Racquet Club Dr Vista Chino 45
85 Farrell Dr Vista Chino Tamarisk Rd 45
86 Farrell Dr Tamarisk Rd Alejo Rd 45
87 Farrell Dr Alejo Rd Tahquitz Canyon Way 40
88 Farrell Dr Tahquitz Canyon Way Ramon Rd 40
89 Farrell Dr Ramon Rd Mesquite Ave 45
90 Farrell Dr Mesquite Avenue E Palm Canyon Dr 40
91 Francis Dr Indian Canyon Dr Avenida Caballeros 25
92 Francis Dr Avenida Caballeros Sunrise Way 25
93 Francis Dr Sunrise Way East End 25
94 Garnet Rd West City Limits Indian Canyon Dr 30
95 Garnet Rd Indian Canyon Dr East End 25
96 Gene Autry Trail I-10 Vista Chino 55
97 Lawrence Crossley Rd 34th Street Palm Canyon Wash 35 98 Lawrence Crossley Rd Palm Canyon Wash E. Palm Canyon Dr 35 99 Hermosa Dr Francis Dr Racquet Club Dr 25
100 Hermosa Dr Racquet Club Dr Vista Chino 25
101 Hermosa Dr Tachevah Dr Alejo Rd 25
102 Hermosa Dr Alejo Tahquitz Canyon 25
103 Hermosa Dr Tahquitz Canyon Wy Tiffany Circle S 25
104 La Verne Way E Palm Canyon Dr Camino Real 40
105 La Verne Way Camino Real Calle Palo Fierro 40
106 La Verne Way Calle Palo Fierro S. Palm Canyon Dr 40 107 Mesquite Ave West End S. Palm Canyon Dr 30
Item 1F - 6
Ordinance No. _____

Page 5 ends

No. Location Name Segment Start Segment End
Prima
Facie
Speed
Limit
108 Mesquite Ave S. Palm Canyon Dr Camino Real 30
109 Mesquite Ave Camino Real Sunrise Way 35
110 Mesquite Ave Sunrise Way Farrell Dr 40
111 Mesquite Ave El Cielo Rd Vella Rd 25
112 Mesquite Ave Vella Rd Gene Autry Trail 40
113 Murray Canyon Dr S Palm Canyon Dr Camino Real 40
114 Murray Canyon Dr Camino Real Toledo Ave 40
115 N Indian Canyon Dr Dillon Rd 18th Avenue 55
116 N Indian Canyon Dr 18th Avenue I-10 55
117 N Indian Canyon Dr I-10 Tramview Rd 55
118 N Indian Canyon Dr Tramview Rd San Rafael Dr 45
119 N Indian Canyon Dr San Rafael Dr Racquet Club 45
120 N Indian Canyon Dr Racquet Club Dr Vista Chino 45
121 N Indian Canyon Dr Vista Chino Tachevah Dr 45
122 N Indian Canyon Dr Tachevah Dr Alejo Rd 40
123 N Indian Canyon Dr Alejo Rd Amado Rd 30
124 N Indian Canyon Dr Amado Rd Andreas Rd 30
125 N Indian Canyon Dr Andreas Rd Tahquitz Canyon Way 30 126 N. Palm Canyon Dr Vista Chino Dr Tachevah Dr 40
127 N. Palm Canyon Dr Tachevah Dr Alejo Rd 35
128 N. Palm Canyon Dr Alejo Rd Tahquitz Canyon Way 25
129 Paseo Dorotea Ramon Rd Mesquite Ave 25
130 Paseo El Mirador West End Avenida Caballeros 25
131 Paseo El Mirador Avenida Caballeros Sunrise Way 25
132 Racquet Club Rd West End N. Palm Canyon Dr 25
133 Racquet Club Rd N Palm Canyon Dr Indian Canyon Dr 45 134 Racquet Club Rd Indian Canyon Dr Avenida Caballeros 45 135 Racquet Club Rd Avenida Caballeros Sunrise Way 45
136 Racquet Club Rd Sunrise Way Farrell Dr 45
137 Radio Rd/McCarthy Rd San Rafael Dr Indian Canyon Dr 25 138 Ramon Rd West End S. Palm Canyon Dr 25
139 Ramon Rd S. Palm Canyon Dr Avenida Caballeros 45
140 Ramon Rd Avenida Caballeros Sunrise Way 45
Item 1F - 7
Ordinance No. _____

Page 6 ends

No. Location Name Segment Start Segment End
Prima
Facie
Speed
Limit
141 Ramon Rd Sunrise Way Farrell Dr 45
142 Ramon Rd Farrell Dr El Cielo Rd 45
143 Ramon Rd El Cielo Rd Gene Autry Trail 45
144 Ramon Rd Gene Autry Trail San Luis Rey Dr 40
145 Ramon Rd San Luis Rey Dr East City Limits 40
146 S Indian Canyon Dr Tahquitz Canyon Way Arenas Rd 25 147 S Indian Canyon Dr Arenas Rd Ramon Rd 25
148 S. Palm Canyon Drive Tahquitz Canyon Rd Ramon Rd 25 149 S. Palm Canyon Drive Ramon Rd Mesquite Ave 40
150 S. Palm Canyon Drive Mesquite Ave E. Palm Canyon Dr 40 151 S. Palm Canyon Drive E. Palm Canyon Dr La Verne Way 40 152 S. Palm Canyon Drive La Verne Way Avenida Granada 40 153 S. Palm Canyon Drive Avenida Granada Bogert Trail 40 154 S. Palm Canyon Drive Bogert Trail South City Limits 40 155 San Luis Rey Dr Ramon Rd Dinah Shore Dr 35
156 San Rafael Dr N. Palm Canyon Dr Virginia Rd 40
157 San Rafael Dr Virginia Rd Indian Canyon Dr 40
158 San Rafael Dr Indian Canyon Dr Avenida Caballeros 50 159 San Rafael Dr Avenida Caballeros Sunrise Way 50
160 Sierra Way Camino Palo Fierro Toledo Way 25
161 Sonora Rd S. Palm Canyon Dr Camino Real 25
162 Sonora Rd Sagebrush Rd Sunrise Way 25
163 Sonora Rd Sunrise Way Farrell Dr 25
164 Sonora Rd Farrell Dr El Cielo Rd 25
165 Stevens Rd Via Monte Vista Indian Canyon Dr 25
166 Sunny Dunes Rd S. Palm Canyon Dr Calle Palo Fierro 30 167 Sunny Dunes Rd Calle Palo Fierro Sunrise Way 35
168 Sunny Dunes Rd Compadre Way El Cielo Rd 30
169 Sunny Dunes Rd El Cielo Rd Paseo Dorotea 30
170 Sunny Dunes Rd Paseo Dorotea Gene Autry Trail 30
171 Sunny Dunes Rd Gene Autry Trail Crossley Rd 40
172 Sunny Dunes Rd Belardo Rd S. Palm Canyon Dr 30
173 Sunrise Way North End Racquet Club Rd 45
Item 1F - 8
Ordinance No. _____

Page 7 ends

No. Location Name Segment Start Segment End
Prima
Facie
Speed
Limit
174 Sunrise Way Racquet Club Dr Vista Chino 45
175 Sunrise Way Vista Chino Tachevah Dr 45
176 Sunrise Way Tachevah Dr Alejo Rd 45
177 Sunrise Way Alejo Rd Tahquitz Canyon Way 40
178 Sunrise Way Tahquitz Canyon Way Ramon Rd 35
179 Sunrise Way Ramon Rd Mesquite Ave 40
180 Sunrise Way Mesquite Ave E. Palm Canyon Dr 45
181 Tachevah Dr Indian Canyon Dr Via Miraleste 30
182 Tachevah Dr Via Miraleste Avenida Caballeros 30
183 Tachevah Dr Avenida Caballeros Sunrise Way 35
184 Tachevah Dr Sunrise Way Farrell Dr 40
185 Tahquitz Canyon Way Calle El Segundo Avenida Caballeros 40 186 Tahquitz Canyon Way Avenida Caballeros Sunrise Way 40 187 Tahquitz Canyon Way Farrell Dr El Cielo Rd 40
188 Tahquitz Canyon Way West End Indian Canyon Dr 25
189 Tahquitz Canyon Way Indian Canyon Dr Calle El Segundo 35 190 Tahquitz Canyon Way Sunrise Way Farrell Dr 40
191 Tamarisk Rd Indian Canyon Dr Ave Caballeros 25
192 Tamarisk Rd Ave Caballeros Sunrise Way 25
193 Tamarisk Rd Sunrise Way Farrell Dr 25
194 Tipton Rd Hwy 111 Wendy Rd 50
195 Tipton Rd Wendy Rd I-10 50
196 Toledo Avenue La Verne Way Murray Canyon Dr 40
197 Twin Palms Dr S Palm Canyon Dr Camino Real 25
198 Twin Palms Dr Camino Real La Verne Way 25
199 Vella Rd Ramon Rd Mesquite Ave 35
200 Verona Rd Racquet Club/Farrell Dr East End 25
201 Via Escuela West End Indian Canyon Dr 25
202 Via Escuela Indian Canyon Dr Ave Caballeros 25
203 Via Escuela Ave Caballeros Sunrise Way 25
204 Via Escuela Sunrise Way Farrell Dr 25
205 Via Escuela Farrell Dr Gene Autry Trail 25
206 Via Las Palmas Via Monte Vista Palm Canyon Dr 25
Item 1F - 9
Ordinance No. _____

Page 8 ends

No. Location Name Segment Start Segment End
Prima
Facie
Speed
Limit
207 Via Miraleste Francis Dr Racquet Club Dr 25
208 Via Miraleste Racquet Club Dr Vista Chino 25
209 Via Miraleste Vista Chino Tachevah Dr 25
210 Via Miraleste Tachevah Dr Alejo Rd 25
211 Via Monte Vista Vista Chino Crescent Dr 25
212 Vista Chino Via Monte Vista Palm Canyon Dr 25
213 Vista Chino Gene Autry Trial East City Limits 50
214 W Gateway Dr Hwy 111 Eastgate Rd 25
215 Yorba Rd Palm Canyon Dr Zanjero Rd 25

In accordance with California Vehicle Code Section 40802(a)(2), the prima facie speed limits established herein shall remain valid for a period of at least five (5) years from the date of the engineering and traffic survey, until November 24, 2026 or as established by any subsequent amendment to the California Vehicle Code.

In accordance with California Vehicle Code Section 40802(c)(1), the prima facie speed limits established herein shall remain valid for a period of seven (7) years from the date of the engineering and traffic survey , until November 24, 2028 or as established by any subsequent amendment to the California Vehicle Code, provided the criteria associated with the arresting officer identified therein Section 40802(c)(1) is satisfied.

In accordance with California Vehicle Code Section 40802(c)(1), the prima facie speed limits established herein shall remain valid for a period of ten (10) years from the date of the engineering and traffic survey, until November 24, 2031 or as established by any subsequent amendment to the California Vehicle Code, provided the criteria associated with the arresting officer identified in Section 40802(c)(1) is satisfied, and the City Engineer evaluates the prima facie speed limit and determines that no significant changes in roadway or traffic conditions have occurred, including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume.

SECTION 3. EFFECTIVE DATE. This Ordinance sha ll be in full force and effect thirty (30) days after passage.

SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law.

ADOPTED this 9
th day of December, 2021.

Item 1F - 10
Resolution No. _____

Page 2 ends

JUS TIN CLIFTON, CITY MANAGER
ATTEST:

ANTHONY MEJIA, CITY CLERK
Item 1F - 11
Resolution No. _____

Page 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. _____ is a full, true and correct copy as was duly adopted at a regular meeting of the City Council of the City of Palm Springs on December 9, 2021, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ANTHONY M EJIA, CITY CLERK
City of Palm Springs, California
Item 1F - 12

CITY COUNCIL STAFF REPORT
01/13/2022 1. G.

City Clerk -

SUBJECT

ANNUAL ACCOUNTABILITY REPORT FOR COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) AND COMMUNITY FACILITIES DISTRICT 2007-1 (TRIBAL LANDS)
RECOMMENDATION:

Attachments
Item 1G

CITY COUNCIL STAFF REPORT

DATE: JANUARY 13, 2022 CONSENT CALENDAR

SUBJECT: ANNUAL ACCOUNTABILITY REPORT FOR COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) AND COMMUNITY FACILITIES DISTRICT 2007-1 (TRIBAL LANDS)

FROM: Justin Clifton, City Manager

BY: Department of Finance and Treasury

SUMMARY:

The Local Agency Special Tax and Bond Accountability Act (the “Accountability Act”) requires annual reporting for voter-approved special taxes issued subsequent to January 2001. The Community Facilities District (CFD) No. 2005-1 (Public Safety Services) and Community Facilities District (CFD) No. 2007-1 (Tribal Land) were established in 2005 and 2007. Each year, Staff and the CFD Administrator prepare a report summarizing the financial activity of the CFDs and certifying that the use of the funds is consistent with the purpose of the CFD.

RECOMMENDATION:

Receive and file the Community Facilities District No. 2005-1 (Public Safety Services) and Community Facilities District No. 2007 -1 (Tribal Land) Special Tax and Bond Accountability Report for Fiscal Year 2020-21.

BACKGROUND:

On September 7, 2005, the City Council established the Community Facilities District (CFD) No. 2005-1 (Public Safety Services) pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982 (the “Act”). CFD 2005- 1 is authorized to levy a special tax generally for the purpose of funding public safety services for new development within the City. The authorized costs of service include but are not limited to equipment, vehicles, ambulances and paramedics, fire apparatus, services, supplies and personnel.

On October 17, 2007, the City Council established the CFD No. 2007-1 (Tribal Lands) pursuant to the provisions of the Act . CFD 2007-1 is authorized to levy a special tax generally for the purpose of funding public safety services for new development on tribal lands within the City. The authorized costs of service include but are not limited to Item 1G - 1
City Council Staff Report
January 13, 2022 -- Page 2
Community Facilities District 2005-1 & 2007-1 Annual Accountability Report

equipment, vehicles, ambulances and paramedics, fire apparatus, services, supplies and personnel.

The City is required to maintain separate funds to account for revenues and expenditures related to CFD 2005-1 and CFD 2 007-1. The source of revenues in these funds are the annual CFD levies paid by homeowners within CFD 2005-1 and CFD 2007-1.

Local Agency Special Tax and Bond Accountability Act

The Accountability Act was enacted by California State Legislature through Se nate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 2001. Some of the requirements of the Act are handled at the formation of the special tax district and others are h andled through annual reports.

The annual report shall contain the following:

a) The amount of funds collected and expended; and
b) The status of any project required or authorized to be funded as identified in subdivision of Section 50075.1 or Section 53410 of the California Government Code.

Accountability Report for CFD 2005-1 (Public Safety Services)

CFD No. 2005-1 (Public Safety Services) was formed to finance the costs and expenses of providing public safety services to new growth areas of the City. The services provided include police services, fire protection and suppression services, and life safety services required to sustain the service delivery capability for emergency and non- emergency services, including but not limited to (i) the costs of contracting services ; (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies ; (iii) the salaries and benefits of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively ; and (iv) City overhead costs associated with providing such services within CFD 2005-1.

6/30/2020 Amount 6/30/ 2021 Expended Service
Balance Collected Balance Amount Status
363,160.39 944,365.19 741,952.93 565,572.65 Ongoing CFD 2005-1
Collections & Expenditures
Item 1G - 2
I I
City Council Staff Report
January 13, 2022 -- Page 3
Community Facilities District 2005-1 & 2007-1 Annual Accountability Report CFD 2007-1 (Tribal Land)
CFD No. 2007-1 (Tribal Land) was formed to finance the costs and expenses of providing public safety services to new growth areas on tribal lands located within the City. The services provided include new police services, fire protection and suppression services, and life safety services required to sustain the service delivery capability for emergency and non- emergency services, including but not limited to equipment, vehicles, ambulances and paramedics, fire apparatus, services, supplies and personnel.

FISCAL IMPACT:

Thi
s report provides a summary of the collection of special taxes and the authorized expenditures in fiscal year 2020-21. The accumulated balances from June 30, 2021, will be expended for the planned costs in fiscal year 2021-22.

REVIEWED BY:

Department Director: Nancy Pauley
City Manager: Justin Clifton
6/30/2020 Amount 6/30/2021 E xpended Service
Balance Collected Balance Amount Status
16,260.15 44,292.09 31,892.73 28,659.51 Ongoing CFD 2007-1
Collections & Expenditures
Item 1G - 3

I I I I

CITY COUNCIL STAFF REPORT
01/13/2022 1. H.

City Clerk -

SUBJECT

APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE 2022 SLURRY SEAL, CITY PROJECT 21-02 RECOMMENDATION:

Approve the plans, specifications, and estimate and authorize Staff to advertise and solicit bids for the 2022 Slurry Seal (“the Project”).

Attachments
Item 1H

CITY COUNCIL STAFF REPORT

DATE: January 13, 2022 CONSENT CALENDAR

SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE 202 2 SLURRY SEAL, CITY PROJECT 21-02

FROM: Justin Clifton, City Manager

BY: Development Services Department

SUMMARY:

The construction documents (Plans, Specifications and Estimate) for this project have been prepared and in accordance with Section 7.03.040 of the Procurement and Contracting Code, the City Council shall approve and adopt the plans, specifications, and working details, and authorize the bid request for all public projects in excess of $200,000.

Approval of this item will allow Staff to proceed with bidding of this capital project, with an estimated cost of $1,000,000. This Project includes slurry seal maintenance of 64 street segments with a total pavement surface of 2.7 million square feet.

RECOMMENDATION:

Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the 2022 Slurry Seal (“the Project”).

BACKGROUND:

All public streets within the City have been professionally evaluated and assigned a Pavement Condition Index (“PCI”), indicating their condition. Specific ranges of PCI ratings are assigned a letter grade, as shown in Table 1 below.

Table 1
Rating Condition PCI
Range Description
A Good 86 - 100 No significant distress
B Satisfactory 71 - 85
Little distress with the exception of utility patches in good condition or slight hairline cracks; may be
slightly weathered.

C Fair 56 - 70 Slight to moderately weathered, slight distress, possibly patching.

Item 1H - 1
City Council Staff Report
January 13, 2022 -- Page 2
Authorize RFB for City Project 21-02
D Poor 41 - 55
Severely weathered or slight to moderate levels of
distress generally limited to patches and non -load-
related cracking.

F Very Poor 0 - 40
Severely distressed or large quantities of distortion
or alligator cracking. Failure of the pavement,
distress has surpassed tolerable rehabilitation
limits.

Al
l streets require regular maintenance to improve their condition and extend the life of the pavement surface. Slurry seals are a maintenance function that is intended to sustain the lifespan of streets that predominantly fall into Condition B. The purpose of a slurry seal is to maintain these streets on the higher end of the PCI range and prevent them from falling into a category where more costly repairs become necessary. An additional benefit of a slurry sealing project is the refreshment of pavement striping and markings.

Typically, the City performs a slurry seal project each year . The last slurry seal project [City Project 20-02, the 2020 Slurry Seal (re-bid)], was completed in July of 2021.

STAFF ANALYSIS:

The l
ist of recommended streets for the 2022 Slurry Seal is included as Attachment 1, with corresponding maps included as Attachment 2.

With City Council approval, Staff will advertise the Project in T he Desert Sun, and utilize the procurement program, “PlanetBids”™, to allow the submission of bids electronically.

The contract documents will be provided free of charge to prospective bidders through the PlanetBids™ system.

St
aff recommends that the City Council approve the contract documents and authorize Staff to formally solicit construction bids for the Project.

ENVIRONMENTAL ASSESSMENT:

Sec
tion 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301(c) “Existing Facilities,” Class 1 projects consist of operation, repair, and maintenance of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities, therefore, the 2022 Slurry Seal, City Project No. 2 1-02, is considered categorically exempt from CEQA, and a Notice of Exemption will be filed with the Riverside County Clerk Item 1H - 2
City Council Staff Report
January 13, 2022 -- Page 3
Authorize RFB for City Project 21-02

FISCAL IMPACT:

As previously mentioned, this project is estimated to cost $1,000,000. The project will be funded utilizing Gas Tax funds which have been previously budgeted for this purpose.

Following bidding, the Project will be returned to the City Council for award, at which time a full accounting of the project costs including construction, consultant services, and staff costs will be presented for consideration and approval.

REVIEWED BY:

Department Director: Flinn Fagg
City Manager: Justin Clifton

ATTACHMENTS:

1. List of Proposed Streets.

2. Maps of Streets.

Item 1H - 3

ATTACHMENT 1
Item 1H - 4
CP 21-02
2022 Slurry Seal

STREET FROM TO L W A NEIGHBORHOOD PCI
AVENIDA SEVILLA E/S BOGERT TRAIL E END 643 32 20576 Andreas Hills 81.02328 VELLA ROAD N/S SUNNY DUNES ROAD N/S MESQUITE AVENUE 1272 42 53424 Demuth Park 81.72149 VOLTURNO ROAD N/S VIA ESCUELA S/S VERONA ROAD 1600 33 52800 Gene Autry 79.81124 FERN CANYON DRIVE S/S RAMON ROAD CAMINO PAROCELA 622 36 22392 Historic Tennis Club 79.82988 LEONARD ROAD S/S RACQUET CLUB ROAD N/S VIA OLIVERA 664 22 14608 Little Tuscany 75.70727 PALERMO DRIVE S/S RACQUET CLUB ROAD N/S VIA OLIVERA 667 25 16675 Little Tuscany 77.71143 VIA MONTE VISTA S/S VIA OLIVERA S END 306 20 6120 Little Tuscany 81.71275 VIA OLIVERA W/S VIA MONTE VISTA E/S VISTA DRIVE 1550 22 34100 Little Tuscany 77.71143 VISTA DRIVE S/S CHINO CANYON ROAD S END 415 16 6640 Little Tuscany 79.71277 AVERY DRIVE W.S BEVERLY DRIVE E/S COMPADRE ROAD 756 36 27936 Los Compadres 81.69551 SONORA ROAD E/S EL CIELO ROAD E END (CDS) 1086 36 41821 Los Compadres 75.71757 AMADO ROAD E/S CALLE SEGUNDO E/S CALLE ALVARADO 710 60 42600 Not Assigned 77.54599 AMADO ROAD E/S CALLE ENCILIA W/S CALLE EL SEGUNDO 523 60 31380 Not Assigned 77.54599 ANDREAS ROAD E/S CALLE EL SEGUNDO E/S CALLE ALVARADO 715 60 42900 Not Assigned 75.52638 ARENAS ROAD W/S AVENIDA CABALLEROS E/S CALLE EL SEGUNDO 1423 60 85380 Not Assigned 80.50454 BARISTO ROAD E/S PAVILION WAY W/S FARRELL DRIVE 1708 48 84144 Not Assigned 77.71490 BARISTO ROAD E/S HERMOSA DRIVE W/S SUNRISE WAY 1263 60 75780 Not Assigned 79.75941 CALLE EL SEGUNDO N/S SATURNINO ROAD S/S TAHQUITZ CANYON WAY 1700 60 102000 Not Assigned 78.67816 CALLE EL SEGUNDO N/S RAMON ROAD N/S SATURNINO ROAD 855 60 51300 Not Assigned 81.45333 CAMINO PAROCELA W/S SAN LUIS REY DRIVE E/S GENE AUTRY TRAIL 1280 46 58880 Not Assigned 80.79093 CAMINO REAL N/S SONORA ROAD E/S INDIAN TRAIL 1261 50 63050 Not Assigned 79.69558 CREE ROAD S/S GOLF CLUB DRIVE N/S CAREY ROAD 510 32 19282 Not Assigned 80.81831 DINAH SHORE DRIVE E/S SAN LUIS REY ROAD W/S CROSSLEY ROAD 1258 74 79592 Not Assigned 76.57559 DINAH SHORE DRIVE E/S GENE AUTRY TRAIL E/S SAN LUIS REY DRIVE 1316 74 88759 Not Assigned 79.58086 DOLORES COURT LOS ROBLES ROAD W END 200 32 6400 Not Assigned 77.62306 FARRELL DRIVE S/S VISTA CHINO N/S TACHEVAH DRIVE 2653 60 159180 Not Assigned 79.67438 FARRELL DRIVE N/S TACHEVAH DRIVE Tamarisk Drive 1754 60 105240 Not Assigned 86.80946 INDIAN CANYON DRIVE N/S TRAMVIEW ROAD 2666'' N/O TRAMVIEW ROAD 2666 68 167888 Not Assigned 81.67304 INDIAN CANYON DRIVE 2666' N/O TRAMIEW ROAD 2132' S/O TRAIN STATION ROAD 5011 68 340748 Not Assigned 82.00000 TACHEVAH DRIVE W/S PASEO DE ANZA W/S SUNRISE WAY 645 43 29088 Not Assigned 79.59475 VIA MONTE VISTA N/S CAMINO SUR N/S VIA LAS PALMAS 784 49 38416 Not Assigned 79.68492 HERMOSA PLACE E/S MISSION ROAD W/S N PALM CANYON DRIVE 1415 24 36012 Old Las Palmas 76.75654 MISSION ROAD S/S HERMOSA PLACE N/S MERITO PLACE 956 27 25812 Old Las Palmas 81.65693 CORTEZ ROAD W/S DE ANZA ROAD W/S ZANJERO ROAD 1007 36 36252 Racquet Club West 80.71290 VIA ESCUELA E/S SUNRISE WAY W/S FARRELL DRIVE 2606 33 85998 Ranch Club Estates 79.81124 ANDEE DRIVE N/S E PALM CANYON DRIVE S/S SONORA ROAD 1231 36 44316 Sonora Sunrise 81.69551 AVERY DRIVE W/S ANDEE DRIVE W END 202 33 6666 Sonora Sunrise 81.62114 RENEE CIRCLE W/S ANDEE CIRCLE W END (CDS) 123 32 6046 Sonora Sunrise 79.57904 JILL CIRCLE N/S ANDREAS ROAD N END (CDS) 125 32 6110 Sunmor 79.69317 LESLIE CIRCLE N/S ANDREAS ROAD N END (CDS) 125 32 6110 Sunmor 79.69317 LOUELLA ROAD S/S LIVMOR AVENUE N/S ANDREAS ROAD 339 32 10848 Sunmor 75.66065 LYN CIRCLE N/S ANDREAS ROAD N END (CDS) 125 32 6110 Sunmor 81.72385 SYBIL ROAD N/S LIVMOR AVENUE S/S PLAIMOR AVENUE 330 25 8250 Sunmor 79.71721

Page 1 of 2 ends

Item 1H - 5
CP 21-02
2022 Slurry Seal
PALO VERDE AVENUE E/S S PALM CANYON DRIVE N/S OCOTILLO AVENUE 1930 36 69480 Tahquitz River Estates 79.71311 SONORA ROAD W/S CALLE PALO FIERRO W/S VIA SOLEDAD 840 28 23520 Tahquitz River Estates 77.69459 SONORA ROAD W/S VIA SOLEDAD E/S S PALM CANYON DRIVE 430 36 15480 Tahquitz River Estates 88.73572 AVENIDA PALMAS N/S TAMARISK ROAD S/S VIA EYTEL 959 25 23248 The Movie Colony 78.69235 VIA EYTEL E/S AVENIDA PALMAS W/S AVENDA PALOS VERDES 352 20 7216 The Movie Colony 76.68892 VIA MIRALESTE S/S TACHEVAH DRIVE 318'' S. OF TACHEVAH 318 60 19080 The Movie Colony 80.15347 VIA MIRALESTE 318'' S. OF TACHEVAH DRIVE N/S TAMARISK ROAD 955 50 47750 The Movie Colony 66.76362 AVENIDA PALOS VERDES S/S VIA EYTEL N/S TAMARISK ROAD 961 25 24590 The Movie Colony 68.71872 CAPISTRANO COURT E/S LOS ROBLES DRIVE E END (CDS) 255 36 11986 Vista Las Palmas 77.75822 CRESCENT DRIVE W/S VIA MONTE VISTA W END 1174 33 38742 Vista Las Palmas 80.64214 FRIAR COURT E/S LOS ROBLES DRIVE E END (CDS) 160 36 8566 Vista Las Palmas 77.75822 AMELIA WAY W/S PASEO DE ANZA W END (CDS) 395 32 14886 Vista Norte 75.78306 AMELIA WAY E/S SHANNON WAY E/S PASEO DE ANZA 454 32 14528 Vista Norte 69.72883 LORENA WAY W/S PASEO DE ANZA W END (CDS) 395 32 14886 Vista Norte 81.71431 LORENA WAY W/S SHANNON WAY W END (CDS) 198 32 8582 Vista Norte 69.72883 OLGA WAY W/S SHANNON WAY E/S PASEO DE ANZA 454 32 14528 Vista Norte 69.72883 OLGA WAY W/S PASEO DE ANZA W END (CDS) 395 32 14886 Vista Norte 85.69870 PASEO DE ANZA S/S RACQUET CLUB ROAD N/S VIA ESCUELA 1278 32 40896 Vista Norte 69.79849 SABITA WAY W/S SHANNON WAY W END (CDS) 198 32 8582 Vista Norte 77.86422 SABITA WAY W/S PASEO DE ANZA W END (CDS) 395 32 14886 Vista Norte 81.71431 CAMINO AMAPOLA E/S THORNHILL ROAD W/S CALLE AMIGOS 450 32 14400 Warm Sands 77.69412

Page 2 of 2 ends

Item 1H - 6

ATTACHMENT 2
Item 1H - 7
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community
2022 Slurry Seal
City Project No. 21-02 4
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Legend
CP 21-02
City Boundary
Item 1H - 8
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City Project No. 21-02 4
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CP 21-02
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CITY COUNCIL STAFF REPORT
01/13/2022 1. I.

City Clerk -

SUBJECT
APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT NO. 5701 WITH DOKKEN ENGINEERING FOR THE SOUTH PALM

CANYON DRIVE LOW WATER CROSSING BRIDGE REPLACEMENT AT ARENAS CANYON SOUTH, CITY PROJECT NO. 06-18, FEDERAL AID PROJECT NO.

BR-NBIL(502)
RECOMMENDATION:

1. Authorize the City Manager to execute all necessary documents.2.

Attachments
Item 1I

CITY COUNCIL STAFF REPORT
DAT
E: January 13, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 5701 WITH DOKKEN ENGINEERING FOR THE

SOUTH PALM CANYON DRIVE LOW WATER CROSSING BRIDGE
REPLACEMENT AT ARENAS CANYON SOUTH, CITY PROJECT NO. 06- 18, FEDERAL AID PROJECT NO. BR-NBIL(502)
FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:

Appr
oval of Amendment No. 2 to Professional Services Agreement No. 5701 with Dokken Engineering is for additional engineering design services related to additional utility coordination, right -of-way recertification, and a reevaluation of channel hydrology/ structural work to implement a more natural look in the channel. The total cost for additional services is $93,979.60.

RECOMMENDATION:

1. Appr
ove Amendment No. 2 in the amount of $93,979.60 to Professional Services Agreement No. 5701 with Dokken Engineering for a new not-to-exceed amount of $888,033.60 for the South Palm Canyon Drive Low Water Crossing Bridge Replacement, City Project No. 06-18, Federal Aid Project No. BR-NBIL(502); and

2. Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Dok
ken Engineering is a California corporation. A copy of their Public Integrity Disclosure Form is included as Attachment A.

BACKGROUND:

On J
uly 16, 2008, the City Council approved Professional Services Agreement No. 5701 with Dokken Engineering in the amount of $681,554 to provide the environmental, design and right-of-way acquisitions services for the Project.

Item 1I - 1
City Council Staff Report
January 13, 2022 -- Page 2
Amendment No. 2 – Dokken Engineering – South Palm Canyon Dr Low Water Crossing On May 7, 2020, the City Council approved Amendment No. 1 to Professional Services Agreement No. 5701 with Dokken Engineering in the amount of $112,500, for a new total contract amount of $794,605. Amendment No.1 was intended to incorporate comments from the Committee to Save Oswi t Canyon (Committee). The Committee’s comments were intended to refine and minimize the footprint of flood control berms and structure of the bridge.

STAFF ANALYSIS:

On O
ctober 30, 2020, the efforts to resolve the litigation between the Committee, City, and the Oswit Canyon Property owners reached a conclusion with the Committee’s acquisition of the Oswit Canyon Property.

After the settlement with the parties was complete, Staff requested additional design modifications to further conform to the comments provided by the Committee. The proposed changes that are needed will require additional coordination with Southern California Edison to relocate electrical facilities; the hydrology of the minimized channel footprint needs to be reevaluated; and additional structural revisions are needed to accommodate a more natural looking channel design.

Dokken Engineering has provided a proposal to Staff to perform the requested additional engineering design services. Staff has prepared Amendment No. 2 in t he amount of $93,979.60 to the Professional Services Agreement No. 5701 with Dokken Engineering, for a new total cost of $888,033.60. A copy of the amendment is included as Attachment B.

Approval of the amendment will allow Staff to coordinate with Dokken Engineering to reduce the Project’s footprint to the greatest extent feasible, while achieving the goal of providing an all-weather access for the South Palm Springs community. Therefore, Staff recommends the City Council approve Amendment No. 2.

ENVIRONMENTAL ASSESSMENT
:

On J
anuary 18, 2012 , the City Council approved Resolution No. 23076, adopting and ordering the filing of a Mitigated Negative Declaration for the Project. Subsequently on January 23, 2012, Staff filed the Notice of Determination with the Riverside County Clerk and State Clearing House.

The Project is funded in part by federal funds, requiring local oversight by Caltrans. As a federally funded project, it is subject to review pursuant to the National Environmental Policy Act (NEPA). On February 6, 2012, Caltrans , as the lead agency, made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment (EA) or Environmental Impact Item 1I - 2
City Council Staff Report
January 13, 2022 -- Page 3
Amendment No. 2 – Dokken Engineering – South Palm Canyon Dr Low Water Crossing

Statement (EIS); has considered unusual circumstances pursuant to 23 CFR 771.117(b), and that it qualifies for a Categorical Exemption in accordance with 23 CFR 771.117(d).

FISCAL IMPACT:

Sufficient funds are budgeted and available in the Special Development Fund – Drainage.

REVIEWED BY:

Department Director: Flinn Fagg
City Manager: Justin Clifton

ATTACHMENTS:

A. Public Integrity Disclosure Form.

B. Amendment No. 2.

Item 1I - 3
ATTA
CHMENT 1
Item 1I - 4
Item 1I - 5

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Dokken Engineering

2. Address of Entity (Principle Place of Business)
110 Blue Ravine Road, Suite 200, Folsom, CA 95630

3. Local or California Address (if different than #2)
-- SAME --

4. State where Entity is Registered with Secretary of State California
If other than California, is the Entitv also reaistered in California? n Yes n No

5. Type of Entity
[Z] Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)
Item 1I - 6

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Dokken Engineering ( ... Continuation)

2. Address of Entity (Principle Place of Business)
110 Blue Ravine Road, Suite 200, Folsom, CA 95630

3. Local or California Address (if different than #2)
-- SAME --

4. State where Entity is Registered with Secretary of State California
If other than California , is the Entitv also reqistered in California? n Yes n No

5. Type of Entity
[Z] Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)
Item 1I - 7

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.

Richard A. Dokken 56%, Dokken Engineering
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
(Revised 09 13.18)
Date
May 10, 2019

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE FORM

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

ATTACHMENT 2
Item 1I - 8
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT

SOUTH PALM CANYON DRIVE LOW WATER CROSSING

BRIDGE REPLACEMENT AT ARENAS CANYON SOUTH
City Project 06-18
Federal Project BR-NBIL (502)

This Amendment No. 2 to the Contract Services Agreement (A5701), (“Amendment No. 2”), is made and entered into this _____ day of _____________, 202 2, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”) and Dokken Engineering, a California corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

WHEREAS, on July 16, 2008, the City Council approved that certain Contract Services Agreement with Dokken Engineering for professional services related to the South Palm Canyon Drive Low Water Crossing Bridge Replacement at Arenas Canyon South, City Project 06- 18, Federal Project BR-NBIL (502), (the “Project”); and

WHEREAS, on City has determined that there is a need for additional professional services related to the Project; and

WHEREAS, the Parties wish to enter into this Amendment No. 2 to provide the City with the requested additional professional services.

NOW, THEREFORE , i n consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT

SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Amendment No. 2.

SECTION 2. Section 1.1 Scope of Services of the Agreement is hereby amended as follows:

The additional services identified in the Con tractor’s letter dated November 30, 202 1, included herewith as Attachment 1, are hereby incorporated into Exhibit “A” of the Agreement.

SECTION 3. Section 2.1 Contract Sum of the Agreement is hereby amended as follows:

The Contract Sum is increased by $93,979.60 to $888,033.60.

Exhibit “C” is hereby amended to incorporate the additional services, as identified on the revised Exhibit “C” included herewith as Attachment 2.

Item 1I - 9
SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement (A5701), unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any provisions of the Contract Services Agreement (A5701), the provisions of this Amendment No. 1 shall in all respects govern and control.

SECTION 5. The persons executing this Amendment No. 2 on behalf of the Parties hereto warrant that (i) such party is duly organized and exi sting, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said Party is bound.

[SIGNATURES ON FOLLOWING PAGE]
Item 1I - 10
IN WITNESS WHEREOF, the Parties have executed this Am endment No. 2 as of the dates stated below.
“CITY”
City of Palm Springs

Date:__________________________ By: _________________________________ Justin Clifton,
City Manager

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Anthony J Mejia, MMC
City Attorney City Clerk

“CONSULTANT”
Dokken Engineering, a California corporation

Date: __________________________ By:

Signature

Printed Name/Title

Date: __________________________ By:

Signature

Printed Name/Title

Check one: __Individual __Partnership __Corporation

Corporations require signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.

Item 1I - 11

ATTACHMENT 1
TO AMENDMENT NO. 2 TO A5701

FOLLOWS THIS PAGE

Item 1I - 12

110 Blue Ravine Road, Suite 200  Folsom, CA 95630  Tele: 916 858-0642  Fax: 916 858-0643 November 30, 2021

Mr. Joel Montalvo, PE
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262

RE: South Palm Canyon Drive Bridge – City Project #06-18 (DE#1715) Request for Contract Amendment No. 2

Dear Mr. Montalvo:

As requested, Dokken Engineering will perform the following additional work to prepare this project for bidding in the Fall of 2023 (or have shelf-ready if funding is not yet available):
 Additional utility coordination with Southern CA Edison (SCE) to relocate existing concrete encased electrical facilities and relocate street light. Continued coordination with other utility agencies based on updated design/timeline. o To be completed under Existing Task 2.1 – Utility Coordination  Recertification of Right of Way (ROW) with Caltrans Local Assistance at the time of the submittal of the RFA for CON. Construction is anticipated to take 18-24 months and Temporary Construction Easements are set to expire in July 2025, therefore if recertification of ROW is beyond 2023, then extension of TCEs a second time will likely be required. TCE Extensions are not included in this amendment request. o To be completed under Existing Task 2.5 – Final Design ROW Support  Re-evaluate channel hydrology and revise channel improvements to improve aesthetics, stay within ROW, and look as natural as possible given the hydraulic needs. Re-evaluate the proposed drainage system and secondary flood plain near Bogert Trail with updated storm water data and design standards. o To be completed under Existing Task 2.7 – Final Hydrology Analysis  Additional structural work to remove and replace existing masonry retaining wall and revise the warped wing wall design per the channel grading changes. Grading revisions to the northern/southern berms, and channel bottom to reflect channel hydrology analysis. Berm grading revisions to conform to the existing dirt access road that runs north/south through the channel area. Stage construction plan revisions to ensure Bogert Trail accessibility in both directions throughout construction. o To be completed under Existing Task 2.8 – Final Design Revisions As summarized in the table below, our total additional fee for completing the work described herein will be Ninety-Three Thousand Nine Hundred Seventy-Nine Dollars and Sixty Cents, $93,979.60. We will proceed with this work upon receipt of notice to proceed from the City.

Item 1I - 13

110 Blue Ravine Road, Suite 200  Folsom, CA 95630  Tele: 916 858-0642  Fax: 916 858-0643

Task No. - Description Estimated Hours Estimated Cost
Task 2.1 – Utility Coordination 120 $16,888.30
Task 2.5 – Final Design ROW Support 60 $9,738.30
Task 2.7 – Final Hydrology Analysis 160 $25,425.40
Task 2.8 – Final Design Revisions 240 $41,927.60
Totals 580 $93,979.60

Thank you for the continued opportunity to provide engineering services for the City of Palm Springs. Please don’t hesitate to call my cell at (858) 276-9726 if you have any questions.

Sincerely,

Michael Greer, PE, TE
Dokken Engineering Project Manager
Item 1I - 14
Sincerely ,
i~~
Michael Greer, PE, TE
Project Roadway Engineer
Rob Burns, SE
Project Structures Engineer
Shawn Kenney, EIT
Project Drainage Engineer
Associate Engineer
Assistant Engineer
$210.21 $214.50 $157.30 $163.02 $111.54
Task 2.1 - Utility Coordination 10 10 40 60 120 $16,888.30 120 $16,888.30 Task 2.5 - Revisit Design ROW Support 10 40 10 60 $9,738.30 60 $9,738.30 Task 2.7 - Final Hydrology Analysis 20 100 20 20 160 $25,425.40 160 $25,425.40 Task 2.8 - Revise Grading to Reflect Channel Hydrology Analysis 40 80 20 40 60 240 $41,927.60 240 $41,927.60 TOTAL HOURS 80 80 130 140 150 580 580
TOTAL COST $16,816.80 $17,160.00 $20,449.00 $22,822.80 $16,731.00 $93,979.60 $580.00 $93,979.60 TOTAL
COST

SOUTH PALM CANYON DRIVE
AMENDMENT #2
November 30, 2021
OTHER
DIRECT
COST
GRAND
TOTAL
COSTS
OTHER
DIRECT
COSTS
GRAND
TOTAL
HOURSTask Description TOTAL
HOURS

DOKKEN ENGINEERING
Item 1I - 15

ATTACHMENT 2
TO AMENDMENT NO. 2 TO A5701

FOLLOWS THIS PAGE
Item 1I - 16

EXHIBIT “C”

SCHEDULE OF COMPENSATION

Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor shall be made no more frequently than monthly, and shall be based on lump sum costs per task item of work as indicated herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75% of the lump sum task item fee until completion of such task item as determined by the Contract Officer. Each request for payment shall contain Contractor’s statement of the work or tasks completed or portion performed, with supporting documentation. The determination of payment due shall be made based upon the reasonable judgment of the Contract Officer.

Previous This New Task
Task Total Amendment Total
PHASE 1 - PRELIMINARY ENGINEERING AND STUDIES
Task 1.0, Project Management
Task 1.1, Project Meetings $17,892.00 $17,892.00
Task 1.2, Project Report $2,080.00 $2,080.00
Task 2.0, Planning and Project Development
Task 2.1, Research and Data Gathering $3,136.00 $3,136.00 Task 2.2, Surveys $25,248.00 $25,248.00
Task 2.3, Hydraulic & Scour Report $12,240.00 $12,240.00 Task 3.0, Preliminary and Concept Plans
Task 3.1, Geometric Approval Drawings $7,680.00 $7,680.00 Task 3.2, Right-of-Way Investigations $9,560.00 $9,560.00 Task 3.3, Structure Type Selection $6,020.00 $6,020.00 Task 3.3, Project Report $3,704.00 $3,704.00
Task 4.0, Environmental Approval
Task 4.1, Preliminary Environmental Study (PES) Form $7,096.00 $7,096.00 Task 4.2(a), Biological Resources $10,440.00 $10,440.00 Task 4.2(b), Cultural Resources $23,272.00 $23,272.00
Task 4.2(c), Air Quality Report $10,112.00 $10,112.00
Task 4.2(d), Noise Analysis $12,112.00 $12,112.00
Task 4.2(e), Section 4f Analysis $6,568.00 $6,568.00
Task 4.2(f), Initial Site Assessment (ISA) $7,236.00 $7,236.00 Task 4.2(g), Water Quality Assessment $6,456.00 $6,456.00 Task 4.2(h), Location Hydraulic Study $5,280.00 $5,280.00 Task 4.2(i), Floodplain Evaluation Report $20,560.00 $20,560.00 Task 4.2(j), Biological Assessment (optional) $13,112.00 $13,112.00 Task 4.2(k), Section 7 Consultation (optional) $11,696.00 $11,696.00 Task 4.2(l)(1), Focused Survey - Casey’s June Beetle (optional) $7,500.00 $7,500.00 Task 4.2(l)(2), Focused Survey – Burrowing Owl (optional) $6,600.00 $6,600.00 Task 4.2(l)(3), Focused Survey – Ground Squirrel (optional) $7,500.00 $7,500.00 Task 4.2(m), Archaeological Phase 1.5 Testing (optional) $42,600.00 $42,600.00 Task 4.3, Environmental Document
Task 4.3(a), Draft Environmental Document $40,488.00 $40,488.00 Task 4.3(b), Respond to Comments/Obtain Approval $6,336.00 $6,336.00 Task 4.3(c), Mitigation Monitoring Plan $2,376.00 $2,376.00 Task 4.3(d), Final Administrative Record $10,688.00 $2,376.00 Phase 1 Subtotal $345,588.00 $345,588.00

Item 1I - 17
EXHIBIT “C”

SCHEDULE OF COMPENSATION
Pr
evious This New Task
Task Total Amendment Total
PHASE 2 - CIVIL ENGINEERING DESIGN
Task 1.0, Final Design Reports and Studies
Task 1.1, Geotechnical Design Report $53,100.00 $53,100.00 Task 1.1, Right-of-Way Services $35,000.00 $35,000.00
Task 2.0, Plans, Specifications & Estimate (PS&E)
Task 2.1, Utility Coordination $15,664.00 $16,888.30 $ 32,552.30 Task 2.2, 35% Details $68,900.00 $68,900.00
Task 2.3, 60% Details $57,840.00 $57,840.00
Task 2.4, 95% PS&E $64,950.00 $64,950.00
Task 2.5, 100% PS&E & ROW Support $83,136.00 $9,738.30 $ 92,874.30 Task 2.6, CLOMR/LOMR $7,760.00 $7,760.00
Task 2.7, Final Hydrology Analysis $10,000.00 $25,425.40 $ 35,425.40 Task 2.8, Final Design Revisions $15,000.00 $41,927.60 $ 56,927.60 Task 3.0, Environmental Permitting
Task 3.1a, Section 1602 Streambed Alteration Agreement $6,944.00 $6,944.00 Task 3.2, Photographic Renderings $20,000.00 $20,000.00 Task 3.3, Final Design Presentation $7,500.00 $7,500.00 Task 4, Construction Bidding Phase Support $2,672.00 $2,672.00 Phase 2 Subtotal $448,466.00 $ 93,979.60 $ 542,445.60
Grand Total of Amended Contract $794,054.00 $ 93,979.60 $ 888,033.60 END OF EXHIBIT “C”
Item 1I - 18

CITY COUNCIL STAFF REPORT
01/13/2022 1. J.

City Clerk -

SUBJECT

APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE ROSA PARKS ROAD AND INDIAN CANYON DRIVE TRAFFIC SIGNAL INSTALLATION, CITY PROJECT NO. 20-19 RECOMMENDATION:

Attachments
Item 1J

CITY COUNCIL STAFF REPORT

DATE: January 13, 2022 CONSENT CALENDAR

SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE ROSA PARKS ROAD AND INDIAN
CANYON DRIVE TRAFFIC SIGNAL INSTALLATION, CITY PROJECT NO. 20-19

FROM: Justin Clifton, City Manager

BY: Development Services Department

SUMMARY:

The construction documents (plans and specifications) for the installation of a traffic signal on North Indian Canyon Drive have been completed, and in accordance with Section

7.03.040 of the Procurement and Contracting Code, the City Council is required to approve and adopt plans, specifications and working details, and authorize the bid request for all public projects in excess of $200,000. Approval of this action will allow Staff to proceed with bidding of this capital project, with an estimated cost of $450,000.

RECOMMENDATION:

BACKGROUND:

On January 8, 2019, City Staff attended a Desert Highland/Gateway Neighborhood meeting held at the James O. Jessie Desert Highland Unity Center to address traffic calming concerns along Tramview Road and Rosa Parks Road. From this meeting, it was determined that the community requested the installation of rubberized speed cushions along both streets in the immediate future, and long term, requested a traffic signal study to assess if a traffic signal could be installed at either Tramview Road & Indian Canyon Drive, and/or Rosa Parks Road & Indian Canyon Drive.

On November 18, 2019, after the completion of the rubberized speed cushion study, Staff requested proposal s from the City’s on- call traffic engineering consultants for a traffic signal warrant analysis for the intersections of Tramview Road and Indian Canyon Drive, and Rosa Parks Road & Indian Canyon Drive. See Figure 1 , Site Plan, on the following page.

Item 1J - 1
City Council Staff Report
January 13, 2022 -- Page 2
Authorize RFB for City Project 20-19
Figur
e 1 – Site Plan
On December 2, 2019, a purchase order was issued to Kimley-Horn and Associates, Inc., for a traffic signal warrant analysis report. Traffic data was collected the following month assessing volumes (vehicles, pedestrians, bicyclists), peak times, field observations, sight distance, roadway network connectivity, accident data, and proximity to schools.

On March 10, 2020, Kimley-Horn issued a report which concluded that a traffic signal was justified at Rosa Parks Road & Indian Canyon and a traffic signal was not warranted at the intersection of Tramview Road & Indian Canyon Drive. Based on this report, the following week, City Council authorized Staff to proceed with the design and installation of the proposed traffic signal. However, due to the pandemic, the project was placed on hold for three months.

On June 30, 2020, proposals were requested from the City’s on-call traffic engineering consultants to provide plans, specifications, and an estimate (PS&E) for the installation of a traffic signal at Rosa Parks Road & Indian Canyon Drive.

On September 23, 2020, a purchase order was issued to Albert A . Webb Associates (Webb) to provide design services. Over the course of the next 13 months, Staff worked closely with Webb to produce the PS&E documents needed to bid and construct the subject project. Note, the project was delayed several times due to C OVID-19 impacts and a change in scope to include another warranted traffic signal at a different location Item 1J - 2
City Council Staff Report
January 13, 2022 -- Page 3
Authorize RFB for City Project 20-19
(City Project 20 -33, San Rafael Drive and Avenida Cabal leros). The documents were completed in November 2021.

STAFF ANALYSIS:

The c
ontract documents for the Project prepared by the City’s traffic engineering consultant, Webb, have been reviewed and approved by Staff . The scope of the Project includes the installation of a fully functional controller cabinet, electrical service pedestal, traffic signal pole and equipment, video camera detection, emergency vehicle preemption, signal interconnect system, ADA ramps, striping, and any other appurtenant work. The plans are on file with the City Clerk.

With City Council approval, Staff will advertise the Project in The Desert Sun and through the procurement program, PlanetBids™, to allow the submission of bids electronically.

The contract documents will be provided free of charge to prospective bidders through the PlanetBids™ system.

St
aff recommends that the City Council approve the contract documents and authorize Staff to formally solicit construction bids for these projects.

ENVIRONMENTAL ASSESSMENT:

In ac
cordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15303 “New Construction or Conversion of Small Structures”, Class 3 projects consist of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Therefore, Staff has determined that the Rosa Parks Road and Indian Canyon Drive Traffic Signal Installation, City Project No. 20- 19, is considered categorically exempt from CEQA.

FISCAL IMPACT:

A t
otal of $869,678 is available for the Project through Senate Bill 1 (SB1), funded through the Road Maintenance and Rehabilitation Account (RMRA). Budgeting for this project was approved by City Council on May 27, 2021. The expected construction estimate for the Project is approximately $450,000, not including staff and inspection costs.

REVIEWED BY:

Department Director: Flinn Fagg
City Manager: Justin Clifton
Item 1J - 3

CITY COUNCIL STAFF REPORT
01/13/2022 1. K.

City Clerk -

SUBJECT
APPROVAL OF AMENDMENT NO. 1 TO THE LICENSE AGREEMENT (A6456) WITH MOBILEMONEY, INC. TO DECREASE THE LICENSE FEE PER

TRANSACTION AND INCREASE THE MAXIMUM TRANSACTION FEE FOR

AUTOMATED TELLER MACHINE (ATM) SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT, AND EXERCISE OPTION 1 TO EXTEND THE AGREEMENT FOR ONE YEAR THROUGH JANUARY 3, 2023
RECOMMENDATION:

1. Authorize the City Manager and/or his designee to execute all necessary documents.

2. Attachments
Item 1K

CITY COUNCIL STAFF REPORT
DAT
E: JANUARY 13, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO THE LICENSE AGREEMENT (A6456) WITH MOBILEMONEY, INC. TO DECREASE THE LICENSE FEE

PER TRANSACTION AND INCREASE THE MAXIMUM TRANSACTION

FEE FOR AUTOMATED TELLER MACHINE (ATM) SERVICES AT THE

PALM SPRINGS INTERNATIONAL AIRPORT , AND EXERCISE OPTION 1 TO EXTEND THE AGREEMENT FOR ONE YEAR THROUGH JANUARY
3, 2023
FROM: Justin Clifton, City Manager
BY: Department of Aviation
SUMMARY:

Thi
s action approves Amendment No. 1 to License Agreement A6456 with MobileMoney, Inc., which will decrease the ATM license fee per transaction from $1.85 to $0.7 5, increase the maximum transaction fee from $3.50 to $3.95, and exercise the first one- year extension option through January 3, 2023.

RECOMMENDATION:

1. Appr
ove Amendment No. 1 to License Agreement A6456 with MobileMoney, Inc. to modify the agreement compensation and exercise the first one -year extension option through January 3, 2023, for Automated Teller Machine (ATM) Services at the Palm Springs International Airport.

2. Authorize the City Manager and/or his designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

A s
earch of records on the California Secretary of State website identifies MobileMoney, Inc., as a California corporation. According to the Public Integrity Disclosure submitted on December 21, 2021, the corporate officer s are Lawrence J. Dunnwald owning eighty percent and William J. Dunnwald owning twenty percent (Attachment 1).

Item 1K - 1
City Council Staff Report
January 13, 2022 – Page 2
MobileMoney, Inc., License Agreement A6456, Amendment No. 1 BACKGROUND:

Fol
lowing a competitive public solicitation procurement process in October 2018 (RFP 03-19), the City Council at its meeting of December 19, 2018, approved a license agreement with MobileMoney, Inc. , for the operation of three (3) Automated Teller Machines (ATMs) at the Palm Springs International Airport; one located in the main terminal and one located in each of the two Airport concourses. The original term of the License Agreement was for three years, with two additional one- year options, effective January 15, 2019.

STAFF ANALYSIS:

Al
though the initial impact of the COVID -19 pandemic began in March 2020, the ATM industry continues to be impacted by the infrequent use of cash, increased use of plastic or digital payments, and the increased costs to transport cash in armored courier vehicles.

In order for MobileMoney to continue operations at the A irport and supply passengers with the option to withdraw cash, MobileMoney is proposing to modify their License Agreement in Amendment No. 1.

Under
this modified License Agreement , MobileMoney will provide and maintain the existing ATMs that are fully ADA compliant and continuously available. MobileMoney has proposed increasing the customer fee from $3.50 per withdrawal to $3.95 per withdrawal, with no other customer transaction fees. The proposal includes a reduction in the license fee for the Airport , from $1.85 to $0.75 per transaction occurring at the ATMs . The following table indicates the number of cash withdrawal transactions over calendar years 2019, 2020 and 2021.

Month 2019 2020 2021
Janu
ary 800 687 169
February 848 699 203
March 910 411 322
April 933 58 261
May 594 64 259
June 435 114 247
July 421 142 232
August 399 126 251
September 461 132 269
October 554 162 296
November 595 17 312
December 639 198 280
Total Transactions 7,589 2,810 3,101
Item 1K - 2
City Council Staff Report
January 13, 2022 – Page 3
MobileMoney, Inc., License Agreement A6456, Amendment No. 1 Staff is requesting City Council approv al of Amendment No. 1 to License Agreement A6456 with MobileMoney, Inc. If the Amendment is not approved, the Airport will need to prepare and release an RFP for Automated Teller Services to assist the passengers with cash withdrawal options, a process which will likely take several months.

ENVIRONMENTAL IMPACT:

The r
equested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activiti es of governments that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

Bas
ed on the number of monthly transactions in 2020 and 2021, Staff anticipates t he annual revenue generated from the ATM License Agreement to be approximately $2,000.

REVIEWED BY:

Department Director: Harry Barrett
City Manager: Justin Clifton
ATTACHMENTS:

1. Publ
ic Integrity Disclosure Form.

2. Amendment No. 1 to Agreement A6456 with MobileMoney, Inc.

Item 1K - 3
AVIATION DEPARTMENT:

City Council Meeting of 01-13-22
APPROVAL OF AMENDMENT NO. 1 TO THE LICENSE AGREEMENT (A6456) TO MOBILEMONEY, INC. TO DECREASE THE LICENSE FEE PER TRANSACTION AND

INCREASE THE MAXIMUM TRANSACTION FEE FOR AUTOMATED TELLER MACHINE (ATM) SERVICES AT THE AIRPORT AND EXERCISE OPTION 1 TO EXTEND THE AGREEMENT FOR ONE YEAR THROUGH JANUARY 3, 2023 ATTACHMENT 1

PUBLIC INTEGRITY DISCLOSURE
Item 1K - 4
DocuSign Envelope ID: 802397CA-DAC7-429C-901E-247AA3EED982 Item 1K - 5
Who Must File?

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an beneficial ownership interest of five percent (5%) or more.

When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
(Revised 09 13 18)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

Page 1 of 2 ends

DocuSign Envelope ID: 802397CA-DAC7-429C-901E-247AA3EED982 Item 1K - 6
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers , trustees , and other fiduciaries serv ing trusts or other types of organ izations (attorneys , accountan ts, etc.).

Note: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a pa,t of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (i) vote their interest in management decisions.

NOTE: USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact:

City Attorney , Edward Z. Kotkin (email: [email protected] )

PENALTIES
Falsificat ion of informa tion or failure to report informat ion required to be reported may subject you to admin istrat ive action by the City. (Revised 09 13 18)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

Page 2 of 2 ends

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Members, Mana gers, Trustees, Other Fiduciaries (please s pecify) Note: If any response is not a natural pers on, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________
________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________
________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
MOBILEMONEY, Inc.
941 Calle Negocio
San Clemente, CA 92673
same as above
California
Lawrence John Dunnwald
William Joseph Dunnwald
DocuSign Envelope ID: 802397CA-DAC7-429C-901E-247AA3EED982 Item 1K - 7
r l
-
' -
✓
~
✓
' -
✓
~
-
-
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE FORM APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13.18)

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity

and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity

and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity

and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity

and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity

and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity

and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title

Date
Lawrence John Dunnwald
William Joseph Dunnwald
20% MOBILEMONEY, Inc.
80% MOBILEMONEY, Inc.
12/21/2021
Lawrence Dunnwald, Owner / CEO
DocuSign Envelope ID: 802397CA-DAC7-429C-901E-247AA3EED982 12/21/2021
Item 1K - 8
1/DocuSigned by:

L~FB~:::~1
AVIATION DEPARTMENT:

City Council Meeting of 01-13-22
APPROVAL OF AMENDMENT NO. 1 TO THE LICENSE AGREEMENT (A6456) TO MOBILEMONEY, INC. TO DECREASE THE LICENSE FEE PER TRANSACTION AND

INCREASE THE MAXIMUM TRANSACTION FEE FOR AUTOMATED TELLER MACHINE (ATM) SERVICES AT THE AIRPORT AND EXERCISE OPTION 1 TO EXTEND THE AGREEMENT FOR ONE YEAR THROUGH JANUARY 3, 2023 ATTACHMENT 2
AMENDMENT No. 1 TO LICENSE AGREEMENT A6456
Item 1K - 9
AMENDMENT NO. 1 TO LICENSE AGREEMENT

FOR MOBILEMONEY AUTOMATED TELLER MACHINE AT

PALM SPRINGS INTERNATIONAL AIRPORT
This Amendment No. 1 to the License Agreement (A6456) ("Amendment No. 1"), is made and entered into this _____ day of ______, 202 2, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and MOBILEMONEY, INC., a California Corporation, ("Licensee"). City and Licensee are individually referred to as "Party" and are collectively referred to as the "Parties".

RECITALS
WHEREAS, City is the fee owner of that real property kn own as the Palm Springs International Airport, a public airport hereinafter referred to as ("Airport"), located at 3400 East Tahquitz Canyon Way in the City of Palm Springs, California; and WHEREAS, on January 15, 2019, Parties entered into the Agreement for Licensee to install, maintain, and operate three Automated Teller Machines (ATM s) within the Airport ; and
WHEREAS, the Parties wi sh to exercise the first of the two one -year extensions to take affect January 3, 2022, and to adjust the license fee and maximum transaction fee as set forth below; and
NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions set forth herein, the Parties hereto incorporate the recitals set forth above and further agree as follows:

AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Amendment No. 1.

SECTION 2. Compensation is hereby amended to include the following:

2.1 License Fee
(a) In exchange for the non -exclusive use of the License Areas pursuant to this License, Licensee shall pay the City the amount of $0.75 per transaction for each transaction occurring at the ATMs installed on the Licensed Areas. This license fee shall be paid from a portion of, not in addition to, any transaction convenience fee received by Licensee, however, should Licensee elect to not charge a transaction fee to cardholders of Licensee’s bank or any other customer(s) of the ATMs, Licensee will nonetheless pay City the license fee for each transaction conducted at the ATM’s. Transaction herein is defined as any withdrawal or any other surcharge transactions.

Item 1K - 10

2.4 Maximum Transaction Fee.

Licensee may charge a transaction fee not to exceed Three Dollars and Ninety -Five cents ($3.95) to process a cash withdrawal of funds at the ATMs. Such convenience fee shall be payable from each cardholder’s bank account. The transaction fee shall not assess against or charge the City.

SECTION 3 Full Force and Effect. All terms, conditions, and provisions of the License Agreement (A6456), unless specifically modified herein, shall continue in full force and effect.

In the event of any conflict or inconsistency between this Amendment No. 1 and any provisions of the License Agreement (A6456), the provisions of this Amendment No. 1 shall in all respects govern and control. From and after the date of this Amendment No. 1, whenever the term "Agreement" or "Contract" appears in the Agreement, it shall mean the Agreement as amended by Amendment No. 1
SECTION 4. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound.
[SIGNATURES ON FOLLOWING PAGE]
Item 1K - 11

SIGNATURE PAGE FOR AMENDMENT NO. 1 TO MOBILEMONEY, INC. LICENSE AGREEMENT A6456 FOR AUTOMATED TELLER MACHINES BETWEEN THE CITY OF PALM SPRINGS AND MOBILEMONEY, INC.

IN WITNESS WHEREOF, the Parties have entered this Amendment No. 1 to the MOBILEMONEY, INC. LICENSE AGREEMENT A6456 FOR AUTOMATED TELLER SERVICES as of the day and year first above written.

Signature (Notarized) Signature (Notarized)

Printed Name/Title Printed Name/Title

CITY OF PALM SPRINGS

Approved By:

Justin Clifton
City Manager

Date

Attested By:

Anthony Mejia
City Clerk

Approved as to Form:

Jeffrey S. Ballinger
City Attorney

MOBILEMONEY, INC.

Signature

Name

Title

Signature

Name

Title

Corporations require two notarized
signatures. One signature must be from
Chairman of Board, President, or any
Vice President. The second signature
must be from the Secretary, Assistant
Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer.

Item 1K - 12

CITY COUNCIL STAFF REPORT
01/13/2022 1. L.

City Clerk -

SUBJECT
APPROVE EXTENSION OF LOAN OF “POPSICLES” ARTWORK BY JOHN CERNY, LOCATED AT 605 SUNNY DUNES, UNTIL JUNE 30, 2022
RECOMMENDATION:

Approve the expenditure of $1,950 in Public Arts Funds to extend the term of the loan for the “Popsicles” public art piece by John Cerny until June 30, 2022.

Attachments
Item 1L

CITY COUNCIL STAFF REPORT
DATE: JANUARY 13, 2022 CONSENT CALENDAR
SUBJECT: APPROVE EXTENSION OF LOAN OF “ POPSICLES” ARTWORK BY JOHN CERNY, LOCATED AT 605 SUNNY DUNES, UNTIL JUNE 30, 2022 FROM: Justin Clifton, City Manager
BY: Community & Economic Development Department
______________________________________________________________________ SUMMARY:

Thi
s action approves an extension of the loan with John Cerny for the public artwork “Popsicles” (Attachment 1) located on a vacant lot at 605 Sunny Dunes. The Public Arts Commission is requesting the installation be extended to June 30, 2022, for an additional amount not to exceed $1,950.

RECOMMENDATION:

Appr
ove expenditure of $1,950 in Public Arts Funds to extend the term of the loan for the “Popsicles” public art piece by John Cerny until June 30, 2022.

BACKGROUND:

The “P
opsicles” public art piece was approved February 17, 2021, by the Public Arts Commission as part of the Community Art Responds to Economic Shutdown ( CARES) program, where the Public Arts Commission approved the art piece, payment of an artist fee of $2,500, payment of $1,000 for materials and installation, and to have “ Popsicles” on loan for display at 605 Sunny Dunes until December 31, 2021.

STAFF ANALYSIS:

At
the November 17, Public Arts Commission meeting, the Public Arts Commission requested the loan of “Popsicles” be extended to June 30, 2022, for an additional amount not to exceed $1,950, which includes and loan fee of $1,500 and payment for the $450 City Land Use Permit Extension fee. The Public Arts Commission approved the payment of the $450 City Land Use Permit Extension fee at its December 15, 2021 meeting.

Item 1L - 1
City Council Staff Report
January 13, 2022 – Page 2
Extension of “Popsicles” Public Art Installation
FISCAL IMPACT:

Appr
oval of this request is for an additional six-month term for the loan of the “Popsicles” art piece by John Cerny beginning January 1, 2022, in a total amount of $1,950. Sufficient funding is available in the Public Arts Fund, Fund 150.

REVIEWED BY:

Department Director: Jay Virata
City Manager: Justin Clifton
ATTACHMENTS:

1. “P
opsicles” Image.

Item 1L - 2
ATT
ACHMENT 1

POPSICLE ARTWORK
Item 1L - 3

CITY COUNCIL STAFF REPORT
01/13/2022 1. M.

City Clerk -

SUBJECT

APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE SAN RAFAEL DRIVE AND AVENIDA
CABALLEROS TRAFFIC SIGNAL INSTALLATION, CITY PROJECT NO. 20-33 RECOMMENDATION:

Attachments
Item 1M

CITY COUNCIL STAFF REPORT
DAT
E: January 13, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE SAN RAFAEL DRIVE AND AVENIDA
CABALLEROS TRAFFIC SIGNAL INSTALLATION, CITY PROJECT NO. 20-33.

FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:

The c
onstruction documents (plans and specifications) for the subject project have been completed, and in accordance with Section 7.03.040 of the Procurement and Contracting Code, the City Council is required to approve and adopt plans, specifications and working details, and authorize the bid request for all public projects in excess of $200,000.

Approval of this action will allow Staff to proceed with bidding of this capital project, with an estimated cost of $500,000.

RECOMMENDATION:

Appr
ove the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the San Rafael Drive and Avenida Caballeros Traffic Signal Installation, City Project No. 20-33 (“the Project”).

BACKGROUND:

On A
ugust 1, 2016, communi ty representatives comprised of residents living in the neighborhoods within proximity of San Rafael Drive and Avenida Caballeros (See Figure 1, on the following page), contacted the Engineering Division to request installation of a traffic signal or all-way stop at the intersection. Based on a warrant analysis at the time, an all-way stop-controlled intersection was not warranted.

On June 11, 2018, residents raised their concerns regarding speeding and unsafe turns from Avenida Caballeros onto San Rafael Drive . The previous study from 2016 was still valid, and the accident data at the time did not meet the requirements for further review.

Item 1M - 1
City Council Staff Report
January 13, 2022 -- Page 2
Authorize RFB for City Project 20-33

Figure 1 – Site Plan

On July 31, 2019, due to continued safety concerns raised by residents, the City Engineer requested a new multi-way stop and traffic signal warrant study be conducted.

On March 11, 2020, the final traffic study report was completed. It indicated that, based on the rate of collision history, a traffic signal is justified to improve the overall safety and/or operation of the subject intersection.

STAFF ANALYSIS:

The contract documents for the Project prepared by the City’s on -call traffic engineering consultant, Webb Associates, have been reviewed and approved by Staff . The scope of the Project includes the installation of a fully functional controller cabinet, electrical service pedestal, traffic signal pole and equipment, video camera detection, emergency vehicle preemption, signal interconnect system, ADA ramps, striping, and any other appurtenant work. The plans are on file with the City Clerk.

With City Council approval, Staff will advertise the Project in The Desert Sun and through the procurement program PlanetBids™ to allow the submission of bids electronically. The contract documents will be provided free of charge to prospective bidders through the PlanetBids™ system.

Staff recommends the City Council approve the contract documents and authorize Staff to formally solicit construction bids for these projects.

Item 1M - 2
City Council Staff Report
January 13, 2022 -- Page 3
Authorize RFB for City Project 20-33
ENVIRONMENTAL ASSESSMENT:

In ac
cordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15303 “New Construction or Conversion of Small Structures”, Class 3 projects consist of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Therefore, Staff has determined that the San Rafael Drive and Avenida Caballeros Traffic Signal Installation, City Project No. 20- 33, is considered categorically exempt from CEQA.

FISCAL IMPACT:

A t
otal of $834,600 is available for the Project through Senate Bill 1 (SB1), funded through the Road Maintenance and Rehabilitation Account (RMRA). Budgeting for this project was approved by City Council on May 27, 2021. The expected construction estimate for the Project is approximately $500,000, not including staff and inspection costs.

REVIEWED BY:

Department Director: Flinn Fagg
City Manager: Justin Clifton
Item 1M - 3

CITY COUNCIL STAFF REPORT
01/13/2022 1. N.

City Clerk -

SUBJECT

APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 22-23A AND 22-23B) FOR THE PERIOD OF JULY 1, 2022, THROUGH JUNE 30, 2023, 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 22-23 A&B) AND AN ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2023, PURSUANT TO THE CALIFORNIA HEALTH & SAFETY CODE.”
Attachments
Item 1N

SUCCESSOR AGENCY STAFF REPORT
DATE:

JANUARY 13, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 22-23A AND 22-23B) FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2023 , PURSUANT TO SECTION 34169(G)(1) OF CALIFORNIA HEALTH & SAFETY CODE
FROM: Justin Clifton, City Manager
BY: Community & Economic Development Department
SUMMARY:

Under t
he Redevelopment Dissolution Act, the Successor Agency is required to approve a Recognized Obligation Payment Schedule (ROPS) and submit it to the County Auditor- Controller, the State Department of Finance (DOF), and the State Controller’s Office.

After review and approval by the City Council acting as the Successor Agency, the ROPS must be approved by the County-wide Oversight Board (COB). This ROPS covers the period from July 1, 2022 through June 30, 2023, separated into two six -month periods.

The ROPS will subsequently be presented to COB and submitted to the Department of Finance and County Auditor-Controller prior to the deadline of February 1, 2022.

The Successor Agency is also required to approve an administrative budget in an amount not to exceed the maximum permitted under the Redevelopment Dissolution Act.

RECOMMENDATION:

Adopt
Resolution No. ______, “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 22-23 A&B) AND AN ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2023, PURSUANT TO THE CALIFORNIA HEALTH & SAFETY CODE.”
STAFF ANALYSIS:

The RO
PS is the document used by the DOF to determine the amount of Redevelopment Property Tax Trust Fund (RPTTF) moneys the Successor Agency will be allowed to retain Item 1N - 1
to meet approved obligations of the Successor A gency, as well as the amount of the Successor Agency's allowable administrative budget. ROPS 22-23 is segregated into two six-month periods – July to December 2022, and January to June 2023.

After approval by the Successor Agency, the ROPS will be submitted to the COB for approval, and after their approval, to the Department of Finance. ROPS 22-23 must be approved by the COB and submitted to the DOF no later than February 1, 2022. The COB meets on January 20, 2022.

The COB requires that the City file a Notice of Exemption under CEQA relating to the ROPS, and direction to Staff to do so after approval of the COB resolution is included in the resolution approving the ROPS 22-23.

ENVIRONMENTAL ASSESSMENT:

The requested Successor Agency action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3) of the State CEQA Guidelines because there is no possibility that the activities in question will have a significant impact on the environment and the amendment is merely the adoption of annual budget; it will not require any construction activities and will not lead to any direct or reasonably foreseeable indirect physical environmental impacts.

FISCAL IMPACT:

The total enforceable obligations for Fiscal Year 2022-23 are $4,607,228. The obligations are funded with a combination of RPTTF, funds unspent in the prior ROPS period, and bond reserves funded in the prior ROPS period as required by the bond indentures.

The maximum amount of the allowable administrative budget for the Fiscal Year is $250,000, which is allocated to salaries and benefits as shown below:

40000 Salaries 175,896
41450 Telecommunication 258
41600 PERS Contribution 47,418
41700 Medicare Tax 2,551
41900 Fringe Benefits 23,619
41930 RHS Health Benefit 258
Total $250,000

The maximum allowance for administrative costs does not cover the total of such costs incurred by the City to administer the winding down of the former Redevelopment Agency’s operations . Additional expenses not covered by the maximum allowance include additional salaries of personnel allocable to the Successor Agency, legal costs of Item 1N - 2
the Successor Agency, costs to prepare and administer the ROPS and audit of the Successor Agency’s financial statements, which total approximately $50,000. Such costs are paid by the General Fund. If any of the $250,000 allowance remains after payment of salaries, those funds will be applied to such other additional administrative costs.

REVIEWED BY:

Department Director: Jay Virata
City Manager: Justin Clifton

ATTACHMENTS:

A. Resolution.

B. Recognized Obligation Payment Schedule for Fiscal Year 22-23 (Exhibit “A” to the Resolution).

Item 1N - 3
RESOLUTION NO. ____

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 22-23 A&B) AND AN ADMINISTRATIVE
EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 20 22
THROUGH JUNE 30, 2023, PURSUANT TO THE
CALIFORNIA HEALTH & SAFETY CODE.

WHEREAS, the Successor Agency to the Palm Springs Community Redevelopment Agency (“Successor Agency”) is the successor to the Community Redevelopment Agency of the City of Palm Springs (“Former Redevelopment Agency”), a redevelopment agency in the City of Palm Springs, duly created pursuant to the California Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) (“Redevelopment Law”); and

WHEREAS, the “ Dissolution Act,” comprised of Assembly Bill “ ABX1 26 ” (Chapter 5, Statutes of 2011) and “ ABX1 27 ” (Chapter 6, Statutes of 2011), and subsequent legislation including Assembly Bill “AB 1484” (Chapter 26, Statutes of 2012) and Senate Bill “SB 107” (Chapter 325, Statutes of 2015), made certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the California Health and Safety Code (“
H&SC”); and

WHEREAS, H&SC 34177(l) requires the Successor Agency to prepare a Recognized Obligation Payment Schedule ( “ROPS”) listing the enforceable obligations of the Former Redevelopment Agency, including administrative expenses; and

WHEREAS, pursuant to H&SC Section 34177(o) (1), beginning in 2016, each successor agency has been required to adopt a ROPS before each annual fiscal period establishing its enforceable obligations for that period, identifying sources to satisfy those obligations, and tracking its fund balances.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR

AGENCY OF THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1
. The Recitals set forth above are true and correct and incorporated herein by reference.

SECTION 2. The Recognized Obligation Payment Schedule (ROPS 22-23) for the period of July 1, 2022 through June 30, 202 3, attached to and incorporated into this Resolution as Exhibit A, is hereby approved.

Item 1N - 4

SECTION 3. The administrative budget of $250,000 for the period of July 1, 2022 through June 30, 2023 is hereby approved.

SECTION 4. The City Manager or designee is authorized to take all actions necessary to implement this Resolution or any direction from the County Oversight Board, including without limitation, the posting of this Resolution and the Recognized Obligation Payment Schedule on the Successor Agency’s website, provide notice of adoption of this Resolution and such Schedule to the County Auditor-Controller, the State Controller and the State Department of Finance or the filing of a notice of exemption from the California Environmental Quality Act.

SECTION 5.

The Successor Agency's governing board represents and warrants that it examined all of the items on the ROPS 22-23 and finds that each of them is necessary for the continued maintenance and preservation of property owned by the Successor Agency until disposition in accordance with the Dissolution Act, the continued administration of the ongoing enforceable obligations, or the expeditious wind-down of the affairs of the Former Redevelopment Agency by the Successor Agency.

SECTION 6. In retaining the responsibilities of the Former Redevelopment Agency as provided in H&SC Sections 34173 and 34176, the City Council expressly determines, reaffirms, and ratifies the statutory limitation on the City and the City Council’s liability in retaining the responsibilities of the Former Redevelopment Agency pursuant to the Dissolution Act . Nothing in this Resolution shall be construed as a commitment, obligation, or debt of the City or any resources, funds, or assets of the City to fund the City’s service as the Successor Agency to the Palm Springs Community Redevelopment Agency as provided in this Resolution.

SECTION 7. This Resolution shall take effect three days from adoption.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY

COUNCIL, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, THIS 13th DAY OF JANUARY, 2022.

________________________________

JUSTIN CLIFTON, CITY MANAGER
ATTEST:

________________________________

ANTHONY MEJIA, CITY CLERK

Item 1N - 5

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, California, hereby certify that Resolution No. ___ was adopted by the Palm Springs City Council at a regular meeting held on the 13th day of January, 2022, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

___________________________________

ANTHONY MEJIA, CITY CLERK
City of Palm Springs, California

Item 1N - 6

EXHIBIT A
RECOGNIZED OBLIGATION PAYMENT SCHEDULE 22-23

Item 1N - 7

EXHIBIT B
ADMINISTRATIVE EXPENSE BUDGET 22-23

The maximum amount of the allowable administrative budget for the Fiscal Year is $250,000, which is allocated to salaries and benefits as shown below:

40000 Salaries 175,896
41450 Telecommunication 258
41600 PERS Contribution 47,418
41700 Medicare Tax 2,551
41900 Fringe Benefits 23,619
41930 RHS Health Benefit 258
Total $250,000

The maximum allowance for administrative costs does not cover the total of such costs incurred by the City to administer the winding down of the former Redevelopment Agency’s operations.

Additional expenses not covered by the maximum allowance include additional salaries of personnel allocable to the Successor Agency, legal costs of the Successor Agency, costs to prepare and administer the ROPS and audit of the Successor Agency’s financial statements, which total approximately $50,000. Such costs are paid by the General Fund. If any of the $250,000 allowance remains after payment of salaries, any amounts will be applied to such other additional administrative costs.

Item 1N - 8
---
Recognized Obligation Payment Schedule (ROPS 22-23) - Summary Filed for the July 1, 2022 through June 30, 2023 Period Successor Agency: Palm Springs
County: Riverside
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
22-23A Total
(July -
December)
22-23B Total
(January -
June)
ROPS 22-23
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 1,934,542 $ - $ 1,934,542 B Bond Proceeds - - -
C Reserve Balance 1,929,622 - 1,929,622
D Other Funds 4,920 - 4,920
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 1,780 $ 2,670,906 $ 2,672,686 F RPTTF 1,780 2,420,906 2,422,686
G Administrative RPTTF - 250,000 250,000
H Current Period Enforceable Obligations (A+E) $ 1,936,322 $ 2,670,906 $ 4,607,228 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Item 1N - 9
Palm Springs
Recognized Obligation
Payment Schedule (ROPS 22-23) - ROPS Detail
July 1, 2022 through June 30, 2023

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
22-23
Total
ROPS 22-23A (Jul - Dec)
22-23A
Total
ROPS 22-23B (Jan - Jun)
22-23B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$36,118,528 $4,607,228 $- $1,929,622 $4,920 $1,780 $- $1,936,322 $- $- $- $2,420,906 $250,000 $2,670,906 3 2007 Taxable
Tax Allocation
Bonds, Series
B
Bonds Issued
On or Before
12/31/10
09/18/
2007
09/01/2034 US Bank Merged
Project 1
Merged 1 2,134,543 N $173,343 - 127,900 - - - $127,900 - - - 45,443 - $45,443 6 2004
Convention
Center Bonds
Bond
Reimbursement
Agreements
06/06/
2007
11/01/2034 City of Palm
Springs
Agency
Contribution
to
Convention
Center
Expansion
Merged 1 - Y $- - - - - - $- - - - - - $-
7 Contract
Services -
Financial
Fees 09/22/
2010
06/30/2023 Harrell &
Company
Advisors
Bonds
Disclosure
/Rating
Merged
1/Merged
2 65,000 N $5,400 - - - - - $- - - - 5,400 - $5,400
8 Contract
Services -
Rebate
Calculation
Fees 06/04/
2010
06/30/2023 Willdan
Financial
Services
Bonds
Rebate
Consulting
Services
Merged
1/Merged
2 21,500 N $- - - - - - $- - - - - - $-
9 Bond Trustee
Fees
Fees 06/16/
2004
11/01/2034 US Bank Bonds
Trustee
Fees
Merged
1/Merged
2 138,000 N $10,400 - - 4,920 1,780 - $6,700 - - - 3,700 - $3,700 11 Disposition
and
Development
Agreement
Business
Incentive
Agreements
12/05/
2005
09/01/2022 Endure
Investments
Financial
Assistance
(10 Year)
Merged 1 - Y $- - -
- - - $- - - - - - $-
17 2004
Convention
Center Bonds
Bond
Reimbursement
Agreements
06/06/
2007
11/01/2034 City of Palm
Springs
Agency
Contribution
to
Convention
Center
Expansion
Merged 2 - Y $- - - - - - $- - - - - - $-
33 Administrative
Cost
Allowance
Admin Costs 07/01/
2016
06/30/2034 City of Palm
Springs
Overhead
Cost
Allocation/
Salaries
Merged1/
Merged 2
3,250,000 N $250,000 - - - - - $- - - - - 250,000 $250,000 44 2007 Taxable
Tax Allocation
Bonds, Series
B
Reserves 09/18/
2007
09/01/2034 US Bank Reserve for
September 1
Debt Service
Merged 1 130,444 N $130,444 - - - - - $- - - - 130,444 - $130,444 62 2014 Refunding 08/19/ 09/01/2034 US Bank Refinancing Merged1/ 10,133,800 N $1,254,300 - 1,073,025 - - - $1,073,025 - - - 181,275 - $181,275 Item 1N - 10

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
22-23
Total
ROPS 22-23A (Jul - Dec)
22-23A
Total
ROPS 22-23B (Jan - Jun)
22-23B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Subordinate
Tax Allocation
Bonds
Bonds Issued
After 6/27/12
2014 of 2001 and
2004 Bonds
Merged 2
66 2014
Subordinate
Tax Allocation
Bonds
Reserves 08/19/
2014
09/01/2034 US Bank Reserve for
September 1
Debt Service
Merged1/
Merged 2
1,091,275 N $1,091,275 - - - - - $- - - - 1,091,275 - $1,091,275 70 LRPMP
Properties
Property
Maintenance
07/01/
2016
06/30/2022 City of Palm
Springs
Maintenance
Costs on
Agency Held
Property
Pending
Disposition
Merged1/
Merged 2
2,000 N $- - - - -
- $- - - - - - $-
71 LRPMP
Properties
Property
Dispositions
07/01/
2016
06/30/2022 Various
Vendors
Costs for
Dispostion
of Agency
Held
Property -
Appraisals,
Fencing,
Closing
Costs,
Drafting
Sale
Agreement
Merged1/
Merged 2
4,400 N $- - - - - - $- - - - - - $-
73 2017 Tax
Allocation
Refunding
Bonds, Series
A
Refunding
Bonds Issued
After 6/27/12
11/15/
2017
09/01/2034 US Bank Refinancing
2007 Series
A Bonds
Merged 1 13,249,550 N $580,200 - 366,975 - - - $366,975 - - - 213,225 - $213,225 74 2017 Tax
Allocation
Refunding
Bonds, Series
A
Reserves 11/15/
2017
09/01/2034 US Bank Reserve for
September 1
Debt Service
Merged 1 313,225 N $313,225 - - - - - $- - - - 313,225 - $313,225 75 2017 Taxable
Tax Allocation
Refunding
Bonds, Series
B
Refunding
Bonds Issued
After 6/27/12
11/15/
2017
09/01/2034 US Bank Refinancing
2007 Series
A Bonds
Merged 2 5,216,331 N $430,181 - 361,722 - - -
$361,722 - - - 68,459 - $68,459
76 2017 Taxable
Tax Allocation
Refunding
Bonds, Series
B
Reserves 11/15/
2017
09/01/2034 US Bank Reserve for
September 1
Debt Service
Merged 2 368,460 N $368,460 - - - - - $- - - - 368,460 - $368,460 Item 1N - 11
Palm Springs
Recognized Obligation Payment Schedule (ROPS 22-23) - Report of Cash Balances July 1, 2019 through June 30, 2020
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 19-20 Cash Balances
(07/01/19 - 06/30/20)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin

1 Beginning Available Cash Balance (Actual 07/01/19)
RPTTF amount should exclude "A" period distribution
amount.
4,780 10,692 2,347,544 125,098 439,099
2 Revenue/Income (Actual 06/30/20)
RPTTF amount should tie to the ROPS 19-20 total
distribution from the County Auditor-Controller
497 10,335 4,920 3,796,416
3 Expenditures for ROPS 19-20 Enforceable Obligations
(Actual 06/30/20)
4,468 2,747 2,347,544 45,917 3,840,480
4 Retention of Available Cash Balance (Actual 06/30/20) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
809 18,280 79,181 378,153
5 ROPS 19-20 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 19-20 PPA
form submitted to the CAC
No entry required 16,882
6 Ending Actual Available Cash Balance (06/30/20)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $4,920 $- Col F applied to 22-23 Item 9
Item 1N - 12
Palm Springs
Recognized Obligation Payment Schedule (ROPS 22-23) - Notes July 1, 2022 through June 30, 2023
Item # Notes/Comments
3 6
7 8
9 11
17 33
44 62
66 70
71 73
74 75
76 Item 1N - 13
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CITY COUNCIL STAFF REPORT
01/13/2022 1. O.

City Clerk -

SUBJECT
AMENDMENT NO. 1 TO AGREEMENT WITH TYSEN KNIGHT PRODUCTIONS

FOR REPAIRS AND MAINTENANCE SERVICES OF PUBLIC ARTS PROJECTS RECOMMENDATION:

Approve Amendment No. 1 to the Agreement with Tysen Knight Productions for Public Arts projects repairs and maintenance services in the amount of $5,000 for a total contract amount of $10,000.

Attachments
Item 1O

CITY COUNCIL STAFF REPORT
DATE: JANUARY 13, 2022 CONSENT CALENDAR
SUBJECT: AMENDMENT NO. 1 TO AGREEMENT WITH TYSEN KNIGHT

PRODUCTIONS FOR REPAIRS AND M AINTENANCE SERVICES OF

PUBLIC ARTS PROJECTS
FROM: Justin Clifton, City Manager
BY: Community & Economic Development Department
______________________________________________________________________ SUMMARY:

Thi
s action approves Amendment No. 1 to the agreement with Tysen Knight Productions (Agreement) for repair and maintenance services for Public Arts projects, as recommended by the Public Arts Commission. This amendment will extend the agreement to June 30, 2022 , for an additional amount not to exceed $5,000 and brings the total contract amount to $10,000.

RECOMMENDATION:

Approv
e Amendment No. 1 to the Agreement with Tysen Knight Productions for Public Arts projects repairs and maintenance services in the amount of $5,000 for a total contract amount of $10,000.

BACKGROUND:

At
their meeting of January 15, 2020, the City’s Public Arts Commission approved a Community Grant program for neighborhood associations and business districts. As part of that grant program, the Commission approved a pilot program for a Public Bench Art project in Downtown. The pilot program began in June 2020 and included the painting of City-owned public benches on North Palm Canyon Drive between Alejo Road and Andreas Road. The program was later expanded to include additional benches, for a total of approximately 50 City-owned public benches being painted as part of the Bench Art Project.

To maintain and repair Public Bench Art pieces, the Public Arts Commission approved an agreement with Tysen Knight in the amount of $5,000 for maintenance of and repairs to completed Public Arts projects through December 31, 2021. Under the terms of the Item 1O - 1
City Council Staff Report
January 13, 2022 – Page 2
Amend Tysen Knight Art Maintenance Agreement
agreement, Tysen Knight repairs damage and graffiti to City benches painted as part of the Arts Commissi on’s Downtown Bench Art Program, as well as repair damage and graffiti to the Commission’s “Stop in the Name of Love” electrical utility box art project on an as-needed basis.

STAFF ANALYSIS:

The
Public Arts Commission is requesting the Agreement with Tysen Knight be extended to June 30, 2022, for an additional amount not to exceed $5,000, bringing the total contract amount to $10,000.

Tysen Knight has provided artistic services to the Public Arts Commission since 2019, when he completed the first pilot project of ten painted benches in the City’s downtown, and subsequently has consulted on all three phases of the recently completed Bench Art Project. Due to the numerous occurrences of vandalism (graffiti and other damage) to the downtown benches and other public art, Mr. Knight has been utilized on an “on-call” basis to perform various repairs. This agreement will allow Mr. Knight to respond quickly to vandalism issues and ensure that the public art is restored.

FISCAL IMPACT:

Am
endment No. 1 is for an additional six-month term ending June 30, 2022, in the amount of $5,000. Sufficient funding is available in the Public Arts Fund, Fund 150.

REVIEWED BY:

Department Director: Jay Virata
City Manager: Justin Clifton
ATTACHMENTS:

1. Am
endment No. 1.

Item 1O - 2
) .

FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
For
Public Art Maintenance and Service
(Tysen Knight Productions)

THIS FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
(“Amendment") is made by and between Tysen Knight Productions “Contractor” and CITY OF PALM SPRINGS, a California charter city and a municipal corporation ("City"), effective January 1, 2022, and amends that certain Contract Services Agreement dated as of July 1 , 2021, by and between Contractor and City ("Agreement' ). All terms defined in the Agreement shall have the same meaning when used herein.

RECITALS
A. Contractor has agreed to provide to City and City has agreed to purchase from Contractor the Services which are the subject of the Agreement.

B. Contractor and City now mutually desire to amend the Agreement as set forth below.

NOW THEREFORE, in consideration of the mutual covenants set forth herein an
d for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Contractor and City mutually agree to amend the Agreement as follows:

AGRE
EMENT

1. Section 3.1 of the Agreement shall be replaced in its entirety and amended to read as follows:

3.1 Compensation of Contractor . Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $10,000.

2. Section 4.4 of the Agreement shall be replaced in its entirety and amended to read as follows:

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of twelve months, commencing on July 1, 2021, and ending on July 30, 2022, unless extended by mutual written agr eement of the Parties.

Item 1O - 3

3. Except as expressly provided herein, all other terms and conditions of the Agreement shall remain in full force and effect.
[E
nd – Signatures on Next Page]
Item 1O - 4

IN WITNESS WHEREOF, Contractor and City have executed this Amendment as of the date first written above.

“CITY”
City of Palm Springs

Date: __________________________ By: _______________________________ Justin Clifton
City Manager

APPROVED AS TO FORM: ATTEST

By: ___________________________ By: _______________________________ Jeff Ballinger, Anthony Mejia
City Attorney City Clerk

“CONTRACTOR”
Tysen Knight Productions

Date: __________________________ By: ______________________________ Tysen Knight

Item 1O - 5

CITY COUNCIL STAFF REPORT
01/13/2022 1. P.

City Clerk -

SUBJECT

CONSIDERATION OF WAIVERS OR REIMBURSEMENTS OF BUSINESS LICENSE

AND VILLAGEFEST FEES FOR PALM SPRINGS MADE BUSINESS STARTUP

PROGRAM PARTICIPANTS
RECOMMENDATION:

Approve the waiver or reimbursement of Business License and VillageFest fees as applicable for Palm Springs Made Business Startup Program Participants.

1. Appropriate $7,500 to provide a $250 matching grant for approximately 30 Palm Springs Made Business Startup Program Participants.

2. Authorize the City Manager to execute all necessary documents3.

Attachments
Item 1P

CITY COUNCIL STAFF REPORT
DATE: Januar
y 13, 2022 CONSENT CALENDAR
SUBJECT: CONSIDERATION OF WAIVERS OR REIMBURSEMENTS OF BUSINESS

LICENSE AND VILLAGEFEST FEES FOR PALM SPRINGS MADE

BUSINESS STARTUP PROGRAM PARTICIPANTS
FROM: J us
tin Clifton, City Manager
BY: C ommunity
& Economic Development Department
SUMMARY:

The Coachel
la Valley Small Business Development Center (SBDC) operates programs in partnership with lending institutions and government entities to assist entrepreneurs with starting businesses and has requested to work with the City of Palm Springs to operate such a program , called Palm Springs Made (Program). The Program provides entrepreneurs with four classes on starting a business, assistance with setting up the actual businesses and helping them through proof of concept where the program participants make actual sales. SBDC also partners with Sun Community Federal Credit Union, located in Palm Springs, which will provide a $250 grant to Program participants and help them improve their credit scores. SBDC is requesting the City of Palm Springs provide a matching grant of $250 for Program participants and waive or reimburse the participant’s business license and VillageFest fees as applicable.

RECOMMENDATION
1) Approve the w
aiver or reimbursement of Business License and VillageFest fees as applicable for Palm Springs Made Business Startup Program Participants. 2) Appropriate $7,500 to provide a $250 matching grant for approximately 30 Palm Springs Made Business Startup Program Participants.
3) Authorize the City Manager to execute all necessary documents

BACKGROUND
According to the Economic Innovation Group, a Washington research organization, regarding business startups “The pandemic forced a big realignment that would never have been seen otherwise.” In addition, according to the United States Census Bureau, Americans filed paperwork to start 4.3 million businesses last year, a 24 percent increase from the year before and applications are on a pace to be even higher this Item 1P - 1
year. This wave of entrepreneurial activity provides a potential source of job growth, innovation, and economic resiliency. This is particularly important for California which, according to the UC Berkeley Labor Center, experienced massive job losses compared to the nation as a whole and is still a long way from fully recovering. As individuals suffer job losses, reduced hours, and income, some began pursuing entrepreneurial ventures. Examples of such cases are below:
• Songlorious – Omayya Atout and Ellen Hodges were aspiring musicians in New York, with day jobs. Ms. Hodges was working as a barista in a Manhattan coffee shop and Mr. Atout had a job as a civil engineer at Amtrak. When the pandemic hit, the coffee shop sent workers home, and Mr. Atout’s salary was cut. They set up a website and opened a business, Songlorious, writing custom songs for weddings, birthdays and similar events. Within weeks, they had more business than they could handle and began hiring other musicians to help out. Mr. Atout quit his railroad job to work on the venture full time. • QuickHire – QuickHire is a career discovery platform for the service economy workforce started by Deborah Gladney and her sister Angela Muhwezi -Hall in Wichita Kansas during the pandemic. In this case , the pandemic provided a business opportunity as companies were struggling to find workers. QuickHire partners with job seekers to find career fulfillment by finding the right job and advancement opportunities. Gladney and Muhwezi -Hall are believed to be the first Black women entrepreneurs in Kansas to raise $1 million in seed funding.

To ass
ist entrepreneurs with navigating the process of starting a business , and access other business assistance resources, the SBDC has launched programs to train aspiring entrepreneurs in starting their businesses and would like to start a new program in the City of Palm Springs.

STAFF ANALYSIS
The prop
osed Program is four -week program that aims to assist start -up businesses with entering the marketplace to validate their concept and catalyze growth. Over this four-week period, participants will create their business, build their Palm Springs MADE Marketplace vending booth and create a successful e-commerce website.

Participants will learn about planning, marketing, financing, management and best practices in business and sales. This quick-paced program will accelerate their business concepts in just a few weeks and give participants the opportunity to make their micro- entrepreneurship business dreams a reality. There is no cost to participate in this program and participants will have the opportunity to meet one- on-one with a SBDC consultant.

Participants will attend a four -week program that meets one- time each week for two hours. Training topics include:

Item 1P - 2
• Developing Your Business
• Market Booths and Branding
• Financials and Online Presence
• Marketing and Marketplace Logistics
• Make the first sale
Business startup costs can range from $650 and above for fictitious business names, City fees, permits, and insurance. Annual vendor fees can start from $2,200. The Program would help offset these costs, while still requiring the entrepreneurs to invest their own resources . The SBDC consultants will also help the entrepreneurs avoid potential pitfalls.

As proposed, the City of Palm Springs ’ participation would include waiving or reimbursing City Business License and VillageFest fees as applicable and provid e a match of $250 for approximately 30 Palm Springs Made Business Startup Program Participants. Sun Community Federal Credit Union will also provide a $250 grant to Program participants, waive bank fees for new accounts, and counsel participants on improving their credit scores. The Program would be free of charge to participants.

SBDC has had success with this program in the Cities of Orange and Coachella. OC MADE was launched in cooperation with the Orange County Swap Meet and has graduated 150 businesses in four cohorts. The City of Coachella used CDBG money to match grants from Rabo Bank to help start businesses.

FISCAL IMPACT:

Approval of
this action would require the appropriat ion of $7,500 from the Economic Development Budget to provide a $250 matching grant for approximately 30 Palm Springs Made Business Startup Program Participants. Business License fees for home occupation businesses are approximately $133 per business. If 30 businesses participate, a total of $3,990 for business license fees would be waived or reimbursed.

Without knowing what types of businesses will participate, it is difficult to determine vendor fee reimbursement or waivers for VillageFest ; however, i t is estimated this amount would be approximately $15,000.

REVIEWED BY:

Department Director: Jay Virata
City Manager: Justin Clifton
Item 1P - 3

CITY COUNCIL STAFF REPORT
01/13/2022 1. Q.

City Clerk -

SUBJECT
AWARD A CONSTRUCTION CONTRACT TO SDC ENGINEERING, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $231,617.30 FOR THE WASTEWATER TREATMENT PLANT BLOCK WALL, CITY PROJECT NO. 21-11 RECOMMENDATION:

Award a construction contract to SDC Engineering, Inc., a California corporation, in the amount of $231,617.30 for WWTP Block Wall, City Project No. 21-11.

1. Authorize the City Manager or his designee to execute all necessary documents.2.

Attachments
Item 1Q

CITY COUNCIL STAFF REPORT

DATE: January 13, 2022 CONSENT CALENDAR

SUBJECT: A WARD A CONSTRUCTION CONTRACT TO SDC ENGINEERING, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $231,617.30 FOR

THE W ASTEWATER TREATMENT PLAN T BLOCK WALL, CITY
PROJECT NO. 21-11

FROM: Justin Clifton, City Manager

BY: Development Services Department

SUMMARY:

Award of this contract will allow the City to proceed with the upgrade to the chain link fence shared between the Wastewater Treatment Plant and Demuth Park to a block wall.

RECOMMENDATION:

1. Award a construction contract to SDC Engineering, Inc., a California corporation, in the amount of $231,617.30 for WWTP Block Wall, City Project No. 21-11; and

2. Authorize the City Manager or his designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form for SDC Engineering, Inc. is included as Attachment A.

BACKGROUND:

On November 4, 2021, the City approved the plans, specifications, and e ngineer’s estimate for the Project and authorized Staff to advertise and solicit bids. A copy of the staff report is included as Attachment B.

STAFF ANALYSIS:

On November 8 , 2021, Staff advertised the Project to plan rooms and through the procurement program, PlanetBids™, to allow the submission of bids electronically. On November 9, 2021, Staff advertised the Project for bids in The Desert Sun. The contract documents were provided free of charge to prospective bidders.

Item 1Q - 1
City Council Staff Report
January 13, 2022 -- Page 2
Award City Project 21-11 – WWTP Block Wall

On December 14, 2021 at 3:00 p.m., the Engineering Division received seven bids through PlanetBids™ from the following contractors:

Company Location Bid Amount
SDC Engineering, Inc. Long Beach, CA $ 213,617.30
Desert Concepts Construction, Inc. Indio, CA $ 298,761 BWW and Company, Inc. Redlands. CA $340,401
Neuroth Construction Inc. San Marcos, CA $367,227
Bunker Construction Inc. Indio, CA $395,793
Baltazar Construction Inc Covina, CA $476,951
Roadway Engineering & Contracting, Inc. Fontana, CA $527,900

SDC Engineering, Inc. submitted the lowest responsive, responsible bid in the amount of $213,617.30. The engineer’s estimate for the Project as reported to the City Council on November 4, 2021 was $250,000 to $300,000. Costs are lower than the estimate.

Local Business Preference Compliance

Section 7.09.030 of the Palm Springs Municipal Code (“PSMC”), “Local Business Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub- contract services to businesses whose work force resides within the Coachella Valley. SDC Engineering, Inc. is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses.

Bid Analysis

Staff reviewed all bid documents submitted by the apparent low bidder and determined that SDC Engineering, Inc. complies with the instructions to bidders and has submitted the lowest responsive and responsible bid. Staff recommends that the City Council approve the bid submitted by SDC Engineering, Inc. A construction agreement is included as Attachment C.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the WWTP Block Wall, City Project No. 21-11, is considered categorically exempt from CEQA.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the Wastewater Fund.

Item 1Q - 2
City Council Staff Report
January 13, 2022 -- Page 3
Award City Project 21-11 – WWTP Block Wall

REVIEWED BY:

Department Director: Flinn Fagg
City Manager: Justin Clifton

ATTACHMENTS:

A. Public Integrity Disclosure Forms
B. Staff Report – November 4, 2021
C. SDC Engineering, Inc. Agreement
Item 1Q - 3

Attachment A
Item 1Q - 4
Item 1Q - 5

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)
-Jt3'1ff> -- l ii 1Jb< ft · t;fl1-1 ·rJ6- ..?/f'- ; l1t){& PJfD u~ e,4

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State I
I
If other than California, is the Entity also registered in California? n Yes n No

5. Type of Entity
~ Corporation O Limited Liability Company O Partnership O Trust O Other (please spec~ify)

6. Officers , Directors, Members , Managers , Trustees , Other Fiduciaries (please :~pecify) Note: If any response is not a natural person , please identify all officers, di, ectors , members , managers and other fiduciaries for the member , manager , trust or other entity _ _ 1)---,,,..._cALC.. - ~ - ~- ~(A-~· _'i-l_O\_ ~ _ _ _ _ _ _ ___ !'.'ii Officer D Director D Member D Manager [name]
D General Partner D Lim ited Partner
D Other _ _ _ ______ _ _ _ _
- ~--2 o--'-rJ_\_A _ _ C._~_~_C-_\_tJ<J ___ _ ___ __ -gJ Officer D Director D Member D Mi nag er [name]
D General Partner D Limited Partner
D other ________ _ _ _ +--_
______ _ ____ _ _ _ _ ___ D Officer D Director D Member D Mc: nager (Revised 05/16/19)
[name]
D General Partner D Limited Partner
O other _ ________ __ -+-- -

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Item 1Q - 6

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in en ity and name of entity]
A.
'0Ar1 i-i'f CJ:,. t-J [,,I 'N'v il5\ oj o
[name of owner/investor] [percentage of beneficial interest in en ity and name of entity]
B.
t.\ vj uj\) 0DtJlf.t CAt-> 01,-.r0
[name of owner/investor] [percentage of beneficial interest in en1 ity and name of entityl
C.
[name of owner/investor] [percentage of beneficial interest in en1 ity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in ent ity and name of entity]
E.

I
[name of owner/investor] [percentage of beneficial interest in ent ty and name of entity]
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STAT = OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date \~
\ "L-),1" \ ·"v<) 'U
' !

PENALTIES
Falsification of information or failure to report information required to be reportE d may subject you to administrative action by the City.

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 05/16/19)

Attachment B
Item 1Q - 7

CITY COUNCIL STAFF REPORT

DATE: November 4, 2021 CONSENT CALENDAR

SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE WASTEWATER TREATMENT PLANT
BLOCK WALL, CITY PROJECT 21-11

FROM: Justin Clifton, City Manager

BY: Development Services Department

SUMMARY:

Approval of this item will allow Staff to proceed with the bidding for the construction of the Wastewater Treatment Plant (WWTP) Block Wall, City Project 21- 11, with an estimated cost of $300,000. The construction documents (Plans, Specifications and Estimate) are completed and in accordance with Section 7.03.040 of the Procurement and Contracting Code; the City Council shall approve and adopt the plans, specifications, and work details, and authorize the bid request for all public projects in excess of $200,000.

RECOMMENDATION:

Approve the plans, specifications, and estimate; and authorize Staff to advertise and solicit bids for the WWTP Block Wall, City Project 21-11 (“Project”).

BACKGROUND:

On November 4, 2015, the City Council approved a Wastewater Services Agreement with Veolia Water West Operating Services, Inc. (Veolia) for operation and maintenance of the City’s sewer collection system and the WWTP. Veolia and City Staff identified the WWTP Block Wall project to help mitigate WWTP odors and noise impacting Demuth Park patrons. The WWTP shares a chain link fence with the pickleball and tennis courts at Demuth Park. The WWTP Block Wall project will replace the existing chain link fence with a 10-foot-high by 235-foot-long block wall to help reduce disruption and enhance the park patron’s experience.

On April 8, 2021, the City Council approved a purchase order in the amount of $82,315 to Veolia for the design of the block wall and for electrical relocation services. Veolia’s proposal consisted of design services through Randy Purnel Landscape Architect (RPLA) and electrical relocation services through Cove Electric Inc. A copy of the staff report is included as Attachment A.

1D - 1
Item 1Q - 8
City Council Staff Report
November 4, 2021 -- Page 2
City Project 21-11

STAFF ANALYSIS:

A design package was prepared for construction of the block wall and conflicting electrical service has been reloc ated. Staff recommends the City replace the existing chain link fence shared between Demuth Park and the WWTP with a new block wall at the Demuth Park pickleball courts. Randy Purnel Land scape Architect (RPLA) has completed the preparation of plans and specifications for the Project. The contract documents prepared by RPLA have been reviewed and approved by the City’s Engineering Division.

With City Council approval, Staff will advertise the Project in T he Desert Sun, and post the project on the City’s on- line bid management system. C opies of the contract documents are on file with the Engineering Division. The following tentative schedule has been identified for the bid process:

Notice Inviting Bids to be posted: November 10, 2021
Deadline for receipt of bids: December 14, 2021
Contract awarded by City Council: January 13, 2022

Staff recommends that the City Council approve the contract documents and authorize Staff to formally solicit construction bids for the Project.

ENVIRONMENTAL ASSESSMENT
:

FISCAL IMPACT:

Sufficient funds are budgeted and available in the Wastewater Fund. No General Fund or Measure J Capital Funds are required for capital project s directly related to the City’s WWTP or sanitary sewer collection system.

REVIEWED BY:

Department Director: Flinn Fagg
City Manager: Justin Clifton

ATTACHMENTS:

A. Staff Report – April 8, 2021 (Note: Additional attachments on file with City Clerk) 1D - 2
Item 1Q - 9
Attachment C
Item 1Q - 10

WWTP BLOCK WALL
CITY PROJECT NO. 21-11
OCTOBER 2021

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 1

AGREEMENT
(CONSTRUCTION CONTRACT)

THIS AGREEMENT made this X XXX day of XX , 2021, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and XXXX hereinafter designated as the Contractor.

The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 -- THE WORK

For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Docu ments, and as generally indicated under the Bid Schedule(s) for the Project entitled:

WASTEWATER TREATMENT PLANT BLOCK WALL
CITY PROJECT NO. 21-11

The items of work shall include but are not limited to: all materials, labor, tools, equipment, apparatus, facilities, transportation, incidentals necessary to furnish, all implied requirements, and all appurtenant work as required to remove existing 235’ of chain link fence, installation of a new 10’ x 235’ CMU wall, landscape improvements, re-routing of existing underground 4” reclaimed water line, installation of restrain joints and thrust blocks, installation of trench drain, re-grading of landscape including the addition of a re tention basin, adjustments to remaining chain link fencing as it relates to new block wall along the south end of the Demuth Park pickle ball courts, and all other work as described on the plans and specifications.

ARTICLE 2 -- COMMENCEMENT AND COMPLETION

The Work to be performed und er this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Wo rk shall be fully completed within the time specified in the Notice to Proceed.

The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize the delays, expense, and difficulties involved in proving in a legal pr oceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agre ement, the Contractor acknowledges it has reviewed the provisions of the Standard Specif ications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents.

Item 1Q - 11

WWTP BLOCK WALL
CITY PROJECT NO. 21-11
OCTOBER 2021

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 2

Liquidated damages may be deducted from pr ogress payments due C ontractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 3 -- CONTRACT PRICE

The City shall pay the Contractor for the comp letion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Cons truction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is $231,617.30.

Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all wo rk, and fulfilling all ob ligations hereunder.

Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructi ons encountered in the prosecution of the Work, suspension of discontinuance of the Work , and all other unknowns or risks of any description connected with the Work.

ARTICLE 4 -- THE CONTRACT DOCUMENTS

The Contract Documents consist of the Notice Inviting Bids, In structions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program – Good Faith Efforts, Non-Discrimination Certification, Non- Collusion Declaration, Bidder 's General Information, Bid Se curity or Bid Bond, this Agreement, Worker's Compensation Certific ate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda issued during bidding (if any), and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.

ARTICLE 5 -- MUTUAL OBLIGATIONS

For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

City hereby agrees to empl oy, and does hereby employ, Co ntractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Item 1Q - 12

WWTP BLOCK WALL
CITY PROJECT NO. 21-11
OCTOBER 2021

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 3

Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

ARTICLE 6 -- PAYMENT PROCEDURES

The Contractor shall submit Applications fo r Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents.

ARTICLE 7 -- NOTICES

All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the C ontractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice.

Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt of five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 8 -- INDEMNIFICATION

The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney’s fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of Section 7-15 “Indemnification,” of the Special Provisions, which are hereby referenced and made a part hereof.

ARTICLE 9 -- PREVAILING WAGES

Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Co ntractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Contractor specifically a cknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certifie d payroll records directly to the Labor Commissioner (via the Division of Labor Standards En forcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

Item 1Q - 13

WWTP BLOCK WALL
CITY PROJECT NO. 21-11
OCTOBER 2021

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 4

ARTICLE 10 -- CONFLICT OF INTEREST

Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

ARTICLE 11-- NON-DISCRIMINATION

In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employm ent because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e ., place of origin, immigration status, cultural or linguistic characteristics, or et hnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensur e that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certif ies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not lim ited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; la yoff or termination; rates of pay or other forms of compensation; and sele ction for training, in cluding apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

ARTICLE 12 -- MISCELLANEOUS

Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifical ly, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

Item 1Q - 14

WWTP BLOCK WALL
CITY PROJECT NO. 21-11
OCTOBER 2021

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 5

IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written.

CITY OF PALM SPRINGS,

CALIFORNIA

By
Justin Clifton
City Manager

ATTEST:

By
Anthony Mejia
City Clerk

APPROVED AS TO FORM:

By
Jeffrey S. Ballinger
City Attorney

RECOMMENDED:

By
Joel Montalvo, P.E.

City Engineer
APPROVED BY THE CITY COUNCIL:

Date
Agreement No.

Item 1Q - 15

WWTP BLOCK WALL
CITY PROJECT NO. 21-11
OCTOBER 2021

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 6

CONTRACTOR

B y :

Firm/Company Name

By:

Signature (notarized)
By:

Signature (notarized)

Name:_ Name:_

Title:_ Title:_

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

(This Agreement must be signed in the above
space by one having authority to bind the
Contractor to the terms of the Agreement.)

State of )
County of )ss

(This Agreement must be signed in the above space
by one having authority to bind the Contractor to the
terms of the Agreement.)

State of )
County of )ss

On
before me,
personally appeared
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon
behalf
of which the person(s) acted, executed the
instrument.

I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Notary Signature:

Notary Seal:

On
before me,
personally appeared
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the
instrument.

I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Notary Signature:

Notary Seal:

Item 1Q - 16

CITY COUNCIL STAFF REPORT
01/13/2022 1. R.

City Clerk -

SUBJECT

APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2, GAS FLARE, AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07
RECOMMENDATION:

Attachments
Item 1R

CITY COUNCIL STAFF REPORT
DAT
E: January 13, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE WASTEWATER TREATMENT PLANT
(WWTP) DIGESTER NO. 2, GAS FLARE , AND FILTRATE PUMP
STATION, CITY PROJECTS 20-25 AND 21-07
FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:

The c
onstruction documents (Plans, Specifications and Estimate) for the subject project are completed and in accordance with Section 7.03.040 of the Procurement and Contracting Code, the City Council shall approve and adopt the plans, specifications, and work details, and authorize the bid request for all public projects that are more than $200,000. Approval of this item will allow Staff to proceed with the bidding for the construction of the Wastewater Treatment Plant (WWTP) Digester No. 2 and Gas Flare, City Project 2 0-25 and the Filtrate Pump Station, City Project 21 -07, with a combined estimated cost of $18,200,000.

RECOMMENDATION:

Appr
ove the plans, specifications, and estimate; and authorize Staff to advertise and solicit bids for the WWTP Digester No. 2, Gas Flare and Filtrate Pump Station, City Projects 20-25 and 21-07 (“Project”).

BACKGROUND:

On A
pril 21, 2010, the City Council approved the Wastewater Treatment Plant Capital Repair and Rehabilitation Plan. Staff identified 30 capital projects required at the City’s WWTP at a projected cost of $67 million. The City Council authorized staff to proceed with five projects considered top priority. This was the Digester No. 1 Rehabilitation Project, Plant Reclaimed Water Upgrades, Gravity Thickener Upgrades, New Perimeter Security Fence, and Electrical System Update. The total for these projects was $8 million.

On December 7, 2016, the City Council awarded a construction contract for the WWTP Upgrades Project. This included many of the remaining projects considered top priority, which were the new Headworks, Primary Clarifiers, Influent Pump Station, and Sludge Centrifuge. The project was completed in 2018 at a total cost of $31.4 million.

Item 1R - 1
City Council Staff Report
January 13, 2022 -- Page 2
City Projects 20-25 and 21-07

On November 14, 2018, the City Council authorized a Purchase Order to MWH Constructors, Inc., (now Stantec) to update the prior 2010 Wastewater Treatment Plant Capital Repair and Rehabilitation Plan and complete a rate study.

On April 22, 2021, the City Council reviewed and approved the 2021 Wastewater Capital Rehabilitation and Repair Plan. The 2021 Plan i ncluded a 5- Year Capital Improvement Program (CIP) for the WWTP, identifying 14 projects totaling approximately $80 million, with no increases to the rate payers for the next five years. The WWTP Digester No. 2 and Gas Flare Project and the Filtrate Pump Station Project are priorities of the CIP.

STAFF ANALYSIS:

This Project will replace the existing 60-year-old Digester No. 2, replace the existing 40- year-old gas flare, and construct a new filtrate pump station to replace the existing pump station at the City’s Wastewater Treatment Plant.

The existing Digester No. 2 has been placed out of service since June 2020 because the digester needs costly repairs. The digester is also not in compliance with current seismic codes and is at risk of failure should a strong earthquake affect the facility. The City’s consultants did an analysis of several options of repair or replacement of the digester considering the cost, footprint, robustness, reliability, and ease of operation. Staff selected a replacement of the digester as it will provide the longest design life, have the least risk during seismic events, will bring the facility up to current wind, seismic and building codes, and can be achieved without interrupting the current oper ation of the WWTP.

Biogas is formed during a process that occurs in the digesters. The biogas collected from the digesters gets piped to a boiler room and the remaining gas goes to a waste gas flare.

The existing gas flare needs to be upgraded due to new air quality regulations. The new flare will need to be under construction in 2022 to meet compliance deadlines.

The filtrate pump station currently takes the residual fluid or “filtrate” from several different processes at the WWTP and pumps it back to the start to get reprocessed . The current pumps were already upsized once and are still not able to keep up with high flows that occur when several of the processes are running at the same time. This P roject will replace the existing filtrate pump well and turn it into a junction structure to collect the filtrate from the various processes. Then a new filtrate pump station, with pumps that are adequately sized for the upcoming planned upgrades at t he WWTP, will be built next to it.

By building the Filtrate Pump Station Project together with the Dig ester No. 2 and Gas Flare Project, the City can remove redundant tasks between the projects. This will be a significant cost savings to the City . Staff, the plant operators , and the design team recommend constructing them at the same time. Stantec has completed the preparation Item 1R - 2
City Council Staff Report
January 13, 2022 -- Page 3
City Projects 20-25 and 21-07

of plans and specifications for the Project. The contract documents prepared by Stantec have been reviewed and approved by the City’s Engineering Division.

With City Council approval, Staff will advertise the Project in The Desert Sun and post the Project on the City’s on-line bid management system. Copies of the contract documents are on file with the Engineering Division. The following tentative schedule has been identified for the bid process:

Notice Inviting Bids to be posted: January 18, 2022
Deadline for receipt of bids: February 24, 2022
Contract awarded by City Council: March 24, 2022

Staff recommends that the City Council approve the contract documents and authorize Staff to formally solicit construction bids for the Project.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15302 “Replacement or Reconstruction”, Class 2 projects consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Therefore, Staff has determined that the C ity of Palm Springs Wastewater Treatment Plant Digester No. 2, Gas Flare and Fi ltrate Pump Station Improvement Project , City Project s No. 20- 25 and 21- 07, is considered categorically exempt from CEQA.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the Wastewater Fund. The Project is a part of the 2021 Wastewater Capital Rehabilitation and Repair Plan, which identifies capital projects directly related to the City’s WWTP or sanitary sewer collection system. Projects identified in the plan are paid for by sewer fees collected by the City.

REVIEWED BY:

Department Director: Flinn Fagg
City Manager: Justin Clifton

Item 1R - 3

CITY COUNCIL STAFF REPORT
01/13/2022 1. S.

City Clerk -

SUBJECT

REPLACEMENT OF FIRE DEPARTMENT SELF-CONTAINED BREATHING

APPARATUS AND ASSOCIATED COMPONENTS
RECOMMENDATION:

1. Authorize the purchase upgrading the Blast Chamber on the existing Breathing Support Vehicle in the total amount of $11,517.59.

2. Authorize the City Manager to execute all necessary documents.3.

Attachments
Item 1S

CITY COUNCIL STAFF REPORT
DATE: J
anuary 13, 2022 CONSENT CALENDAR
SUBJECT: REPLACEMENT OF FIRE DEPARTMENT SELF-CONTAINED

BREATHING APPARATUS AND ASSOCIATED COMPONENTS
FROM: Justin Clifton, City Manager
BY: F ir
e Department
SUMMARY:

This
action will approve the replacement of the Fire Department’s Self-Contained Breathing Apparatus (SCBAs). The replacement purchase includes : sixty -seven Scott Safety Air-Pak X3 Pro SCBAs, fifty-three Scott Safety Carbon Fiber Cylinders, twenty- four Scott Safety Mask Mounted Regulators, five Scott Safety RIT-Pak III Emergency Air- Supply Systems, and upgrade of the Blast Chamber on the existing Breathing Support vehicle.

RECOMMENDATION:
1) In acc
ordance with Palm Springs Municipal Code Section 7.04.030, "Special Expertise Procurement," and Section 7.09.010, "Cooperative Purchasing Programs," approve a cooperative purchase from Allstar Fire Equipment of sixty-seven Scott Safety Air-Pak X3 Pro SCBAs, fifty-three Scott Safety Carbon Fiber Cylinders, twenty-four Scott Safety Mask M ounted Regulators, and five Scott Safety RIT -PAK III Emergency Air-Supply Systems using the National Association of State Procurement Officials Cooperative Purchasing Program WSCA
- NASPO
Contract ID 1-17-42-04, in the total amount of $500,310.45. 2) Auth
orize the purchase upgrading the Blast Chamber on the existing Breathing Support Vehicle in the total amount of $11,517.59.
3) Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Alls
tar Fire Equipment is a California Corporation with the principal place of business in Arcadia, CA. There are three Officers, Joseph A. Sposato with 46% ownership, Gabe E.

Sayegh with 36.5% ownership, and Jill A. Hopper with 17.5% ownership, as documented in the Public Integrity Disclosure form, which is attached along with the certificate of Non- Discrimination and No Conflict of Interest.

Item 1S - 1
City Council Staff Report
January 13, 2022 -- Page 2
Replacement of Fire Department SCBA
BACKGROUND:

The Fi
re Department currently uses Scott Safety Air -Pak75 for entering Immediate Dangerous Life Health (IDLH) environments. In 2018 , the National Fire Protection Association ( NFPA) updated its s tandard on Open- Circuit Self -Contained Breathing Apparatus (SCBA s) for Emergency Services , NFPA 1981. The key change was the requirement of a new universal emergency breathing safety system connection point. The Air-Pak75 SCBAs currently used by the Fire Department do not have the universal emergency breathing safety system connection point , and the manufacturer does not make a retrofit kit; thus, the Air-Pak75 SCBAs currently do not meet NFPA 1981 standards.

STAFF ANALYSIS:

The Depar
tment’s current Air-Pak75 SCBAs are no longer being produced, and 90% of the existing Air-Pak75 SCBAs are reaching their recommended lifespan of ten years. The changes in the NFPA 1981 standard, in addition to the existing Air -Pak75 SCBA being phased out, leaves firefighters with interoperability issues within the department and with local mutual aid agencies. Cathedral City Fire Department and CALFIRE are currently switching over to the Air-Pak X3 Pro SCBA.

The purchase of the Air-Pak X3 Pro SCBAs will bring the department into compliance with the updated standard and will address immediate life safety issues by providing firefighters the capability to share their air supply with each other in emergency situations.

Although the new Air-Pak X3 Pro SCBAs include Mask Mounted Regulators, the SCBAs are assigned to each apparatus. To ensure each firefighter is issued a Mask Mounted Regulator, an additional twenty-four Scott Safety Mask Mounted Regulators are needed.

Additionally, five Scott Safety RIT-Pak III Emergency Air-Supply Systems will need to be purchased, one for each of the five front -line apparatus. The RIT-Paks work in tandem with the AIR-Pak X3 Pro SCBAs. These units are used by Rapid Intervention Teams (RIT) to assist and rescue downed firefighters in IDLH conditions . The units provide an additional air-supply, which is needed during these types of rescues.

Fifty-three Carbon Fiber Cylinders will also need to be purchased, five of which will supplement the five RIT-Paks, and forty-eight cylinders will be used as spares on all fire apparatus, including the Breathing Support V ehicle. Spare cylinders are used to immediately resupply firefighters with air during emergency operations.

The Air-Pak X3 Pro and RIT -Pak III require less maintenance and come with a lifetime comprehensive w arranty which covers defects in workmanship and materials for all standard components of the SCBA (backframe and harness, pneumatics, electronics, facepiece, and cylinder), at no additional cost. Our existing SCBA technicians are trained and certified by Scott Safety so they can continue performing mandatory services and repair work on all new Air-Pak X3 Pro and RIT-Pak III.

Item 1S - 2
City Council Staff Report
January 13, 2022 -- Page 3
Replacement of Fire Department SCBA
The new Air-Pak X3 Pro SCBA bottles operate at a higher pressure than the old SCBA bottles; therefore, in order t o maintain safe refilling operations, the Breathing Support Vehicle’s air compressor unit will need an upgrade to its blast chamber.

The S tat
e of California has procured a contract, with Allstar Fire Equipment, to purchase SCBA equipment (Attachment A - Contract Number 1-17-42-04). Allstar Fire Equipment has provided the same reduced pricing as quoted in the State contract for the Air-Pak X3 Pro and the Carbon Fiber Cylinders.

ENVIRONMENTAL ASSESSMENT:

The req
uested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

Approv
al of this item will require an appropriation of $511,828.04 from General Fund Balance, as outlined below.
67 – Air-Pak X3 Pro SCBA $357,013.52
24 – Mask Mounted Regulator $33,534.00
5 – RIT-Pak III $16,808.75
5 – Carbon Fiber Cylinder (to be used with RIT-Pak III) $4,773.00 48 – Carbon Fiber Cylinder $45,820.80
Subtotal $457,950.07
Tax 9.25% $42,360.38
Subtotal including tax @ 9.25% $ 500,310.45
Breathing Support Blast Chamber Upgrade $8,428.00
Shipping $750.00
Installation Labor $1560.00
Tax 9.25% $779.59
Total including tax @ 9.25% $11,517.59
Grand Total $511,828.04
Item 1S - 3
City Council Staff Report
January 13, 2022 -- Page 4
Replacement of Fire Department SCBA
REVIEWED BY:

Department Director: Kevin Nalder
City Manager: Justin Clifton
ATTACHMENTS:

A. All
star Fire Equipment California State Contract 1-17-42-04 B. Quote by Allstar Fire Equipment
C. Quote by Compressed Air Specialties, Inc.

D. Conflict of Interest and Non-Discrimination Form
E. Public Integrity Disclosure
Item 1S - 4
LPA Contract Details
Contract ID 1-17-42-04
Contract Type
Statewide Contract
Description
Self Contained Breathing Apparatus (SCBA)
Supplier ID
0000030180
Contract Administrator
Buyer
Rita Seale
Department
DGS - Statewide Procurement
Categories
UNSPSC UNSPSC Description
Acquisition Type
NON-IT Goods
Begin Date
06/29/2017
Email
[email protected]
Phone
916/375-4804
46182003 Personal safety & protection - Respiratory protection - Gas masks Attachments
Attachment File
Attch._C._PCRC_Workbook.pdf
Attch._B_Exhibit_8.19,_Specifications.pdf
Attachment_A_ -_Pricing_ Worksheet_-_Supplement_ 7 .xlsx User _lnstructions_l-l 7-42-04_Supplement_9.docx
Attachment_Al_-_Non-Core_Catalog_-_Suppleme nt_9.xlsx
Status
Active
Supplier Name

ALLSTAR FIRE EQUIPMENT INC
Expire Date
06/30/2022
l of l
1-5 of 5
Item 1S - 5
Item 1S - 6
Contract Line Items
Item Unit
ID Description UOM Price UNSPSC UNSPSC Description
See Each
Attachments
46182004 Personal safety & protection - Respiratory protection - Respiration air supplying self contained breathing apparatus or accessories MFG
MFG Item
Name ID
1 of 1
EPP/SABRC Status
Active
https://caleprocure.ca.gov/PSRelay/ZZ_PO.ZZ_CTR_SUP _CM P.GBL?Page=ZZ_ CTR_SUP _PG&Action=U&SETID=STATE&CNTRCT _ID=l-17-42-04 Item 1S - 7
Item 1S - 8
Line# ltemlO
1 Item Descr UOM
Sf>� Artarhl Each
Unit Price UNSPSC UNSPSC DE MFG Name MFG Item I line Status EPP o 46182004 Respiration air supplying self cont, Active NO DGS Porch, Third Party Take Back SABRC Con SABRC Rep SABRC Catt SABRC Sub PCRC % No No NO
TRC%
a
PCRC Source
a
Item 1S - 9
Item 1S - 10
PCRC Certification Workbook
Post Consumer Recycled Content (PCRC) Percentages Worksheet Contractor: Allstar Fire Equipment, Inc.

Revision:

Instructions:

1. For all line items offered to the State, Contractor shall list the minimum percentage, if not exact percentage, of postconsumer material within the State Agency Buy Recycled Campaign (SABRC) Reportable Product Categories.

Exhibit 8.17

2. Sample #1 - ff the line item contains PCRC that meets or exceeds the SABRC minimum percent PCRC, Contractor(s) shall enter •ves• in Column D. Bidders must also enter the product's PCRC percentage in appropriate SABRC category column.

3. Sample #2 - ff the line item contains PCRC, but does not contain the SABRC minimum percent PCRC, Contractor(s) shall enter •No• in Column D. Bidders must also enter the product's PCRC percentage in appropriate SABRC category column.

4. Sample #3 - ff the line item does not contain PCRC, Contractor(s) shall enter •N/A • in the the column, •Product meets SABRC Minimum PCRC Content.•

5. Refer to SABRC Reportable Product Categories Table for more information regarding categories listed. , Com lete SCBA �
20A Facepiece, small 201215-04
20B Facepiece, medium 201215-05
20C Facepiece, large 201215-06
30 Mask Mounted Regulator 200077-50
200449-
01/201136-
40 I Heads-up Display 01131000397
50 End-of-Service Time indicator 802865-01
60 I Harness 201100-01
Emergency Breathing Support
70 System (EBSS) 201101-01
80 Universal Air Connection 10009513/3100
0975
90 Electronic Voice Amplifier 201275-01
100 Pressure Reducer w/Cylinder 201030-02 Connection
110 Standard Cylinders 804722-01
Personal Alert Safeety System 201161-
120 (PASS) 01/201110-11
130 Training None
140 Maintenance Program None
150 Non-Core Catalog items TBD
Product
......

SABRC
..,.""""' I
01 tl� - ll
I
I ll
C PCRC
!� Ii
Content
!�!
.!!! :,
:ai5 C, I :, Q. ..J
NIA
NIA
N/A
N/A
N/A
NIA
N/A
N/A
NIA
NIA
NIA
N/A
N/A
NIA
N/A
N/A

Page 1 of 1 ends

Palm Springs City CouncilJanuary 13, 2022

Palm Springs City Council
January 13, 2022