CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov
REGULAR MEETING AGENDA
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person public access to the meeting location.
APRIL 27, 2023
3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Grace Elena Garner, Mayor
Jeffrey Bernstein, Mayor Pro Tem
Ron deHarte, Councilmember
Christy Gilbert Holstege, Councilmember
Lisa Middleton, Councilmember
City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.
Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.
At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m.
Adjournment time.
AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ
3:30 P.M. CLOSED SESSION
CALL TO ORDER:
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information.
RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.
5:30 P.M. REGULAR MEETING
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
A. World Wish Day Proclamation
B. Traffic Signal Synchronization Project Update
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:
April 27, 2023 City Council Regular Meeting Agenda 2
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.
1. CONSENT CALENDAR:
The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:
By motion, find that:
The City Council has reconsidered the circumstances of the state of emergency. Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety and welfare; and
1. State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and
2. The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings
3. B. APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting Minutes of April 10, 2023.
C. APPROVAL OF WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS / DISBURSEMENTS FOR THE PERIOD ENDING 03-04-23 AND 03-18-23 TOTALING $4,357,371.54 AND ACCOUNTS PAYABLE WARRANTS DATED 03-02-23 AND 03-16-23 TOTALING $13,381,021.60, IN THE AGGREGATE AMOUNT OF $17,738,393.14, DRAWN ON BANK OF AMERICA."
April 27, 2023 City Council Regular Meeting Agenda 3
D. APPROVE AN AMENDMENT TO AGREEMENT NO. 8922 WITH MARTHA’S
VILLAGE AND KITCHEN
RECOMMENDATION:
Approve Amendment No. 4 to Agreement No. A8922 with Martha’s Village and Kitchen to:
Make corrections to Amendment No. 3 to reflect an annual amount of $212,050, an increased overnight sheltering amount of $105,464 and a revised total not-to-exceed contract amount for this third amendment of $529,564.
Exercise option to extend Agreement until June 30, 2024, for an additional amount not to exceed $212,050 and revised total not-to-exceed contract amount of $741,614.
Allow temporary overnight shelter services from June 1, 2023, to September 30, 2023, from December 1, 2023, to February 29, 2024, at no additional cost to the City.
1. Authorize the City Manager or designee to make minor technical changes and execute all necessary documents.
2. E. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MARCH 1 THROUGH MARCH 31, 2023
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of March 1 through March 31, 2023.
F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPOINTING AN INTERIM RETIRED ANNUITANT TO THE
VACANCY POSITION OF BUILDING OFFICIAL FOR THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H) EFFECTIVE JANUARY 17, 2023.
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPOINTING AN INTERIM
RETIRED ANNUITANT TO THE VACANCY POSITION OF BUILDING
OFFICIAL FOR THE CITY OF PALM SPRINGS UNDER GOVERNMENT
CODE SECTION 21221(H) EFFECTIVE JANUARY 17, 2023.”
1. Authorize the City Manager to execute any documents necessary to effectuate the above actions.
2. April 27, 2023 City Council Regular Meeting Agenda 4
G. APPROVE COOPERATIVE PURCHASE AGREEMENT 23C085 WITH TT FASTER
LLC, DBA FASTER ASSET SOLUTIONS FOR FLEET MANAGEMENT SOFTWARE IN AN AMOUNT NOT TO EXCEED $43,178.85
RECOMMENDATION:
In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” approve Cooperative Purchase Agreement 23C085 (with TT FASTER LLC, dba FASTER Asset Solutions, in an amount not to exceed $43,178.85 beginning April 1, 2023, and continuing through March 31, 2026.
1. Authorize the City Manager or designee to execute all necessary documents. 2.
H. APPROVE AGREEMENT NO. 23C078 WITH QUINN COMPANY DBA QUINN
POWER SYSTEMS FOR EMERGENCY GENERATOR MAINTENANCE SERVICES RECOMMENDATION:
Approve Cooperative Purchase Agreement 23C078 with Quinn Company dba Quinn Power Systems, to provide emergency generator maintenance services in an amount not to exceed $175,000 for the initial three-year term beginning May 1, 2023, and continuing through April 30, 2026, with two one-year extension options at the City’s sole discretion.
1. Authorize the City Manager or designee to execute all necessary documents. 2.
I. APPROVE AGREEMENT NO 23C089 WITH MIRACLE RECREATION EQUIPMENT
COMPANY FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND
EQUIPMENT AND SHADE STRUCTURES AT DEMUTH AND VICTORIA PARKS RECOMMENDATION:
Approve Cooperative Purchase Agreement 23C089 with Miracle Recreation Equipment Company, to purchase and install playground equipment and shade structures at Demuth and Victoria Parks, in an amount not to exceed $1,325,848.45.
1. Delegate authority to the City Manager or designee to approve and execute change orders up to a total amount of $132,584.85 (10%) with all change orders reported to the City Council at the project completion.
2. Authorize the City Manager or designee to execute all necessary documents.3.
April 27, 2023 City Council Regular Meeting Agenda 5
J. APPROVE CONTRACT SERVICE AGREEMENT NO. 23B067 WITH BIRDAIR, INC.
FOR FABRIC ROOF SYSTEM INSPECTION, MAINTENANCE, AND REPAIR
SERVICES
RECOMMENDATION:
Approve Contract Services Agreement 23B067 with Birdair, Inc. to provide fabric roof system inspection, maintenance, and repair services in an amount not to exceed $150,000 for the initial three-year term beginning May 1, 2023, through April 30, 2026, with two one-year extension options at the City’s sole discretion.
1. Authorize the City Manager or his designee to execute all necessary documents. 2.
K. APPROVE AMENDMENT NO. 6 TO CONTRACT SERVICES AGREEMENT NO. 7139 WITH CONSERVE LANDCARE, LLC FOR LANDSCAPE AND GROUNDS
MAINTENANCE SERVICES
RECOMMENDATION:
Approve turf conversion projects for Baristo, Desert Highland, Frances Stevens, Ruth Hardy and Victoria Parks as unanimously approved and recommended by the Parks & Recreation Commission.
1. Approve Amendment No. 6 (Attachment B) to Contract Services Agreement No. 7139 with Conserve LandCare, LLC for a not-to-exceed amount of $4,253,472.01 for the turf conversion, extended term, CPI increase and a revised total contract amount of $9,791,036.14.
2. Authorize the City Manager to execute all necessary documents. 3.
L. APPROVE AMENDMENT NO. 2 TO AGREEMENT A7202 WITH WEST COAST ARBORISTS, INC. FOR CITYWIDE TREE TRIMMING SERVICES
RECOMMENDATION:
Approve Amendment No. 2 to Agreement No. A7202 with West Coast Arborists, Inc. to provide citywide tree trimming services in an additional amount of $250,000 for a total revised contract amount not to exceed $2,758,100 through September 30, 2023.
1. Authorize the City Manager or designee to execute all necessary documents. 2.
M. APPROVE CONTRACT SERVICES AGREEMENT NO. 23S081 WITH AIRBADGE,
LLC TO PROVIDE SOFTWARE SERVICES FOR AIRPORT BADGING FOR THE
PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve Contract Services Agreement No. 23S081 with AirBadge, LLC, to provide annual software services integrating with AAAE in an amount not to exceed $270,000 commencing on July 1, 2023 and ending on June 30, 2026.
1. Authorize the City Manager or designee to execute all necessary documents.2.
N. APPROVE A NEW AIRPORT USE AND LEASE AGREEMENT AND
April 27, 2023 City Council Regular Meeting Agenda 6
N. APPROVE A NEW AIRPORT USE AND LEASE AGREEMENT AND
NON-SIGNATORY AIRLINE OPERATING PERMIT FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve the new AULA for seven Signatory Airlines: Air Canada, Alaska Airlines, American Airlines, Delta Air Lines, Southwest Airlines, United Airlines, and WestJet along with other future eligible airlines desiring to enter into an AULA for an initial five-year term beginning July 1, 2023, through June 30, 2028, with two, two-year extension option periods.
1. Approve the new Permit for five Non-Signatory Airlines: Allegiant, JetBlue, Avelo, Flair, and Sun Country along with other future airlines desiring to obtain a Permit to operate at the Airport on a month-to-month basis beginning July 1, 2023.
2. Authorize the City Manager or his designee to execute all necessary documents. 3.
O. APPROVE SERVICE AGREEMENT NO. 23S080 WITH THE AMERICAN
ASSOCIATION OF AIRPORT EXECUTIVES TO PROVIDE MANDATED VETTING
AND COMPUTER-BASED TRAINING FOR THE PALM SPRINGS INTERNATIONAL
AIRPORT
RECOMMENDATION:
1. Approve a three-year agreement with American Association of Airport Executives to provide mandated background vetting services and computer-based training in the amount of $126,675 commencing on July 1, 2023, and ending on June 30, 2026, included as Attachment A.
2. Authorize the City Manager or designee to execute all necessary documents.
P. AWARD AN AIRPORT ADVERTISING CONCESSIONS AGREEMENT
RECOMMENDATION:
Award an advertising concessions agreement with Fuse Connect, LLC. for a term of three years with two one-year options to renew for a concessions fee of 57 percent of gross revenue.
1. Authorize the City Manager or designee to execute the agreement.2.
Q. AWARD A SERVICE AGREEMENT FOR AGENDA MANAGEMENT SOFTWARE RECOMMENDATION:
Award a five-year service agreement with eScribe Software Ltd to provide agenda management software for an amount of $98,251 for a five-year term.
1. Authorize the City Manager or designee to execute the agreement.2.
R. APPROVE COMMUNICATIONS SYSTEM AND SERVICES AGREEMENT WITH April 27, 2023 City Council Regular Meeting Agenda 7
R. APPROVE COMMUNICATIONS SYSTEM AND SERVICES AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR DISPATCH AND OPERATIONS CENTER
CONSOLE EQUIPMENT, SYSTEM INTEGRATION SERVICES, AND WARRANTY
SERVICES
RECOMMENDATION:
Approve Contract Service Agreement No. 23S077 with Motorola Solutions, Inc. for Police Dispatch and Airport Operations center equipment, system integration services, and warranty services for a five-year term in an amount not to exceed $520,007, beginning on the issuance of a notice to proceed.
1. Authorize the City Manager or his designee to execute all necessary documents.2.
S. APPROVE AND AUTHORIZE THE SUBMITTAL OF CALIFORNIA OFFICE OF EMERGENCY MANAGEMENT FORM CALOES 130 DESIGNATING PERSONNEL
TO ACT AS THE AGENT FOR THE CITY WHEN SEEKING FINANCIAL
ASSISTANCE AFTER A DISASTER
RECOMMENDATION:
Approve the CalOES Form 130 Disaster Designees as the City Manager, Fire Chief, and Director of Finance and Treasury.
1. Direct the City Clerk to certify the CalOES Form 130.2.
Direct the Emergency Management Coordinator to transmit CalOES Form 130 to the California Office of Emergency Services.
3. T. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE CITY OF PALM SPRINGS,
SERVING AS LEAD PUBLIC AGENCY, WITH THE BOYS AND GIRLS CLUB OF
PALM SPRINGS TO ACCEPT GRANT FUNDING FROM THE CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS PROPOSITION 64 PUBLIC
HEALTH AND SAFETY GRANT
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager or City Manager’s designee to 1) accept the grant for the Proposition 64 Public Health and Safety Grant Program Cohort 3 in the amount of $3,000,000 and execute the grant agreement with the Board of State and Community Corrections (BSCC); 2) establish the Proposition 64 Public Health and Safety Grant Project; 3) establish the revenue and expenditure budgets for the amount up to $3,000,000 in the Operating Grants Fund.
April 27, 2023 City Council Regular Meeting Agenda 8
U. APPROVE EXPENDITURE IN THE AMOUNT OF $10,000 FOR THE “PALM SPRINGS WELCOMES YOU” MURAL PROJECT AT THE PALM SPRINGS INTERNATIONAL AIRPORT in the regional terminal BREEZEWAY RECOMMENDATION:
Approve the expenditure of Public Art Funds in the amount of $10,000 for the “Palm Springs Welcomes You” mural at the Palm Springs International Airport.
V. AWARD OF A CONSTRUCTION CONTRACT TO PACIFIC WEST
UNDERGROUND, INC. IN THE AMOUNT OF $648,135 FOR THE ARNICO PHASE 4 SEWER IMPROVEMENTS, CITY PROJECT 21-17
RECOMMENDATION:
Award the construction contract to Pacific West Underground, Inc., a California corporation, in the amount of $648,135 for the Arnico Phase 4 Sewer Improvements, City Project No. 21-17.
1. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $64,813 (10%) with all change orders reported to the City Council at project completion.
2. Authorize the City Manager or his designee to execute all necessary documents.3.
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
April 27, 2023 City Council Regular Meeting Agenda 9
2. PUBLIC HEARINGS:
A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023–2024 ANNUAL
ACTION PLAN (AAP) AND BUDGET ADOPTION HEARING AND
AUTHORIZATION FOR SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT FOR THE FISCAL YEAR 2023–2024 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 49TH PROGRAM YEAR; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY AGREEMENTS
RECOMMENDATION:
Open the Public Hearing for public testimony. 1.
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2023-2024
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION
PLAN; APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT
BUDGET FOR FISCAL YEAR 2023-2024 IN THE AMOUNT OF $413,506;
AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO THE
UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD); AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
APPROVAL/AGREEMENT WITH HUD – GRANT # B-23-MC-06-0561 IN THE ESTIMATED AMOUNT OF $413,506 AND TO EXECUTE THE
SUBRECIPIENT AGREEMENTS”.
2. 3. BUSINESS & LEGISLATIVE:
A. AWARD A SERVICE AGREEMENT FOR REPARATIONS PROGRAM SERVICES RECOMMENDATION:
Award a one-year service agreement with The Trustees of Columbia University in the City of New York to provide reparations program services for an estimated amount not to exceed $502,304.
1. Approve the appropriation of $502,304 for Fiscal Year 2022-2023 budget from the general fund budget to fund this service.
2. Authorize the City Manager or designee to execute the agreement.3.
April 27, 2023 City Council Regular Meeting Agenda 10
B. APPROVE ADDITIONAL FUNDING IN THE AMOUNT OF $3,000,000 FOR
DEVELOPMENT AND CONSTRUCTION OF THE ALOE PALM CANYON PROJECT LOCATED AT 1479 NORTH PALM CANYON DRIVE, A 71-UNIT SENIOR HOUSING
PROJECT IN THE CITY OF PALM SPRINGS
RECOMMENDATION:
Appropriate funds in the amount of $3,000,000 from Housing Set-Aside resources in the Fiscal Year 2023 Budget.
1. Approve a Funding Commitment in the amount of $3,000,000 for the West Hollywood Community Housing Corporation for the Aloe Palm Canyon Project, subject to terms and conditions of the Disposition and Development Agreement.
2. Authorize the City Manager to execute any necessary documents in order to carry out the foregoing, including a Funding Commitment Letter for the Aloe Palm Canyon Project, including making minor, non-substantive changes, and to sign all documents necessary.
3. C. ORDINANCE AMENDING CITY MUNICIPAL CODE TO ESTABLISH PERMANENT
LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES
RECOMMENDATION:
Read by title and introduced an Ordinance entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER
5.89 TO THE PALM SPRING MUNICIPAL CODE, REGARDING LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES.”
PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.
ADJOURNMENT:
April 27, 2023 City Council Regular Meeting Agenda 11
AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, Brent Rasi, 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 April 21, 2023, and posted on the City’s website as required by established policies and procedures.
____________________________
Brent Rasi,
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.
April 27, 2023 City Council Regular Meeting Agenda 12