Thursday, June 29, 2023
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuantto Assembly Bill 361 this meeting was conductedin part by teleconference.
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Garner on Thursday, June 29, 2023, at 5:32 p.m.
PLEDGE OF ALLEGIANCE:
Hailey Ambrose, elementary school student, led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Ron deHarte, Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor GraceElena Garner.
Absent: None.
City Staff Scott Stiles, City Manager; TeresaGallavan, AssistantCity Manager; Jeremy
Present: Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions asindicated in the minutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
SOUTHERN CALIFORNIA EDISON
Melissa Boyd, Southern California Edison’s Government Relations Manager, provided a presentationon grid reliability and outages.
ACCEPTANCE OF THE AGENDA:
MOTION BY MAYOR GARNER, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item Nos. 1G, 1M, 1S, and 1EE for separatediscussion, and reordering Item Nos. 3A, 3B, and 3C to be considered prior to Public Hearings; and recusal from Mayor Pro Tem Bernstein on Item No. 1DD.
REPORT OF CLOSED SESSION:
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The Regular Closed Sessionof the City Council of June 29, 2023, was called to order by Mayor Garner at 4:00 p.m.
The meeting convenedinto Closed Sessionto discussthe following items aslisted on the Regular Closed Session Meeting Agenda, with no reportable action:
CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION, Pursuantto Government Code Section 54956.9(d)(2):
Under existing facts and circumstances, there are two (2) matters.
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to Government Code Section 54956. 9(d)( 4):
Under existing facts and circumstances, there are two ( 2) matters.
PUBLIC TESTIMONY:
Bill Mitchell, Brad Anderson, Nona Watson, Kevin Blessing, Bruce Juenger, Michael Hothorn, William Marta, Patrick Gunn, Lars Holm, and Ginny Foat provided oral testimony.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 (WITH RECUSAL FROM MAYOR PRO TEM BERNSTEIN ON ITEM NO. 1DD), to approve the consent calendar with 1G, 1M, 1S, and 1EE pulled for further discussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, by motion, find that: 1) The City Council hasreconsidered the circumstances of the state of emergency. Even though the State and local declared statesof emergencyhave ended, community spreadof COVID- 19 continuesto exist, and measures to reduce the spread, including physical distancing measures, continue to be necessaryfor the public, health, safety, and welfare; and 2) State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meetsafely in person; and 3) The City Council, and its subordinate bodies ( Boards, Commissions, and Committees), shall be authorized to conduct public meetingsin accordancewith Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings.
B. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approvethe City Council Meeting Minutes of April 27, May 8, May 11, May 25, and June 5, 2023.
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C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 2023
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to receive and file the report of Staff Authorized Agreementsand PurchaseOrders for the period of May 1 through May 31, 2023.
D. APPROVAL OF WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25121, entitled, “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS /
DISBURSEMENTS FOR THE PERIOD ENDING 04-29-23 AND 05-13-23 TOTALING $ 4,398, 245. 83 AND ACCOUNTS PAYABLE WARRANTS DATED 04- 27-23 AND 05-11-23 TOTALING $ 10,035,649.04, IN THE AGGREGATE AMOUNT OF $ 14,433, 894. 87, DRAWN ON BANK OF AMERICA.
E. AUTHORIZE THE PURCHASE OF ONE ( 1) NEW AIRCRAFT RESCUE AND
FIREFIGHTING ( ARFF) TRUCK AND EQUIPMENT IN AN AMOUNT NOT TO EXCEED $ 1,240, 370. 76
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve the issuance of a purchase order to Oshkosh Corporation, for the purchase of one new Aircraft Rescue and Firefighting ( ARFF) truck and equipment in an amount not to exceed $ 1,127, 609. 78, inclusive of sales tax;
2. Delegateauthority to the City Manager or designeeto approve and executechange orders up to a total amount of $ 112, 760. 98 ( 10%);
3. After delivery of the new vehicle, declareexisting vehicle being replacedassurplus and seek approval from the FAA to authorize the Fleet Maintenance Manager to sell at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code; and,
4. Authorize the City Manager or designeeto executeall necessarydocuments.
F. AUTHORIZE CHANGE ORDER IN THE AMOUNT OF $ 147,017.62 FOR
MODIFICATIONS FOR TWO NEW FIRE DEPARTMENT WILDLAND UNITS
FIRE ATTACK ENGINES)
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve the issuance of a purchase order to Boise Mobile Equipment for the change order modifications of two Fire Department Wildland Units ( Fire Attack Engines) in an amount not to exceed $147,017.62.
2. Authorize the City Manager or designee to execute all necessary documents.
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G. APPROVE AMENDMENT NO. 2 TO AGREEMENT ( A9035) WITH JNS MEDIA SPECIALISTS, INC., DBA JNS NEXT CREATIVE & MEDIA HUB FOR ON-
CALL COMMUNICATIONS, MARKETING, AND SOCIAL MEDIA SERVICES This item was removed from the Consent Calendar for separate discussion and consideredunder Excluded ConsentCalendar.
H. APPROVE AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 23I037 WITH ON DUTY HEALTH FOR FIREFIGHTER HEALTH AND
FITNESS ASSESSMENTS
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Contract ServicesAgreement 23I037 with On-Duty Health for NFPA- 1582 Firefighter health and fitness assessments for up to 95 members for the City of Palm Springs Fire Department, in an amount of 138,415.00.
2. Authorize the City Manager or designeeto executeall necessarydocuments.
I. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9157 WITH PALM SPRINGS MOTORS, INC., FOR AUTOMOTIVE PARTS AND SUPPLIES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Agreement No. A9157 with Palm Springs Motors, Inc., to provide automotive parts and supplies in an additional amount of $125,000 for a total revised contract amount not to exceed $ 200,000.
2. Authorize the City Manager or designeeto executeall necessarydocuments.
J. RESOLUTION ACCEPTING THE FIRE DEPARTMENT REPORT ON
COMPLIANCE WITH STATE INSPECTION MANDATES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Adopt Resolution No. 25122, entitled, “ A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING
THE FIRE DEPARTMENT REPORT ON COMPLIANCE WITH STATE
INSPECTION MANDATES” pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.
2. Authorize the City Manager to executeall necessarydocuments.
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K. APPROVAL OF COMMUNICATIONS FACILITY LICENSE AGREEMENT
WITH NEW CINGULAR WIRELESS PCS, LLC ( AT& T) FOR A NON-
EXCLUSIVE LICENSE TO INSTALL, OPERATE AND MAINTAIN A
COMMUNICATIONS FACILITY AT CITY- OWNED PROPERTY LOCATED AT 275 SOUTH INDIAN CANYON DRIVE
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve a Communications License Agreement by and between New Cingular PCS Wireless, LLC, and the City of Palm Springs for non-exclusive useof ground space at City- owned property at 275 South Indian Canyon Drive.
2. Authorize the City Manager or his designeeto executeall the necessarydocuments.
L. APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY’ S INSURANCE PORTFOLIO FOR FISCAL YEAR 2023- 24; AUTHORIZE A
TWO- YEAR EXTENSION OF TERM TO INSURANCE BROKERAGE
SERVICES AGREEMENT WITH KEENAN & ASSOCIATES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize Keenan & Associates, asthe City’s Broker of Record, to Purchase Property, Earthquake/ Flood ( Difference in Condition (“ DIC”)), Excess Liability, Excess Workers’ Compensation, Airport Liability, Village- Fest Liability, Multi- Media Liability, Crime/ Fidelity and Cyber Liability Insurance Policies from various carriers for Policy Year 2023/2024, effective July 1, 2023, and authorize a two ( 2) year extension of the term of the agreement for brokerage services with Keenan Associates.
M. ACCEPT GRANT AWARD FROM CALIFORNIA PUBLIC UTILITIES
COMMISSION IN AN AMOUNT UP TO $ 233, 500 AND APPROVE CONTRACT SERVICES AGREEMENT NO. 23P125 WITH HR GREEN PACIFIC, INC. FOR
BROADBAND MASTER PLAN
This item was removed from the Consent Calendar for separate discussion and consideredunder Excluded ConsentCalendar.
N. APPROVE THREE- YEAR AGREEMENT WITH INSIGHT PUBLIC SECTOR, INC., FOR MICROSOFT LICENSING AND MAINTENANCE.
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve a three- year agreement with Insight Public Sector, Inc., for Microsoft licenses and maintenance at an amount not to exceed $938,948 including a 10% contingency.
2. Authorize the City Manager to executeall necessarydocuments.
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O. AUTHORIZE A COOPERATIVE PURCHASE AGREEMENT WITH ECS
IMAGING, INC., FOR LASERFICHE LICENSING AND SUPPORT.
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Authorize a purchasewith ECS Imaging, Inc. for anamount of $29,263.80 annually for a term of five- years for a total not to exceed amount of $ 160, 946 which includes a 10% contingency for additional licenses.
2. Authorize the City Manager to execute all necessary documents.
P. ADOPT THE CITY’ S FISCAL YEAR 2023- 24 INVESTMENT POLICY
GOVERNING THE INVESTMENT OF CITY FUNDS
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Adopt Resolution No. 25123, entitled, “ A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS AND SUPERCEDING RESOLUTION NO. 25023.”
2. Delegatethe City Council’s authority to invest and reinvest public funds and to sell or exchange securities so purchased, to the City Treasurer for one year or until earlier revoked by the City Council.
Q. MEMORANDA OF UNDERSTANDING WITH THE PALM SPRINGS
FIREFIGHTERS ASSOCIATION AND PALM SPRINGS FIRE MANAGEMENT
ASSOCIATION
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Adopt Resolution No. 25124, 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 FIRE FIREFIGHTERS ASSOCIATION
AND THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2026, SUBJECT TO
ASSOCIATIONS EXECUTING THE MEMORANDA OF UNDERSTANDING
2. Authorize the City Manager to execute the Memoranda of Understanding (MOU) and all documents necessary to effectuate the above action, including the allocation and compensationplans, salary schedules, agreementsand contracts, and any non- substantial MOU language or reorganization.
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R. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B131 WITH WGJ ENTERPRISES INC., DBA PCI FOR AIRCRAFT GATE PARKING
RESTRIPING
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 23B131 with WGJ Enterprises Inc. dba PCI to provide aircraft gateparking restriping in an amount not to exceed $599,900.
2. Appropriate $ 599, 900 from Airport Capital Fund 416 to Airport Account 4167065.80000.
3. Authorize the City Manager or his designee to execute all necessary documents.
S. APPROVE AGREEMENT NO. 23B123 WITH WEST COAST ARBORISTS, INC.
FOR CITYWIDE TREE TRIMMING SERVICES
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.
T. APPROVE AGREEMENT NO. 23B127 WITH VANCE CORPORATION FOR ROAD REPAIRS – GENE AUTRY TRAIL WASH AND INDIAN CANYON
WASH
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Construction Contract Agreement No. 23B127 with Vance Corporation, to provide road repairs at Gene Autry Trail Wash and Indian Canyon Wash for an amount not to exceed $ 256, 496. 50.
2. Authorize the City Manager or designeeto executeall necessarydocuments.
U. APPROVE A PURCHASE ORDER FOR BERG & ASSOCIATES IN THE AMOUNT OF $ 198, 973. 24 FOR THE WASTEWATER TREATMENT PLANT WWTP) SLUDGE DRYING BEDS, CITY PROJECT 21-05.
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Authorize the City Managerto approvea purchaseorder in anamount not to exceed 198, 973. 24 with Berg & Associates, an ‘ on- call’ firm, for construction management and inspection services for the WWTP Sludge Drying Beds, City Project 21- 05.
2. Authorize the City Manager or their designeeto executeall necessarydocuments.
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V. ACCEPTANCE OF THE 2022 PAVEMENT REHABILITATION PROJECT, CITY PROJECT 22-08.
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Accept the 2022 Pavement Rehabilitation Project, City Project No. 22-08 as completed in accordance with the contract documents; and
2. Authorize the City Engineer to execute and file a Notice of Completion for recordation with the Riverside County Recorder.
W. ACCEPTANCE AND FILING OF THE 2023 PAVEMENT MANAGEMENT
PROGRAM REPORT
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to accept and file the 2023 Pavement Management Program Report.
X. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING RESOLUTION NO. 23017 AND AUTHORIZING
THE INVESTMENT, DEPOSIT, AND WITHDRAWAL OF CITY OF PALM
SPRINGS MONIES IN THE LOCAL AGENCY INVESTMENT FUND AND
AUTHORIZING A CHANGE IN SIGNATURES FOR THE DEPOSIT AND
WITHDRAWAL OF THOSE FUNDS
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25125, entitled, “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING RESOLUTION NO. 23017 AND AUTHORIZING THE
INVESTMENT, DEPOSIT, AND WITHDRAWAL OF CITY OF PALM SPRINGS
MONIES IN THE LOCAL AGENCY INVESTMENT FUND AND AUTHORIZING A
CHANGE IN SIGNATURES FOR DEPOSIT AND WITHDRAWAL OF THOSE FUNDS.”
Y. APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES
AGREEMENT NO. A9128 WITH PUSH MEDIA, INC. DBA GLEESON
DIGITAL STRATEGIES, INC. FOR AIRPORT ADVERTISING AND
PROMOTIONAL SERVICES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Contract Services Agreement No. A9128 with Push Media, Inc. dba GleesonDigital Strategiesin the amount of $1,092,850 for Airport advertising and promotional services.
2. Authorize the City Manager or his designeeto executeall necessarydocuments.
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Z. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. A7147 FOR ON- CALL AVIATION CONSULTING
SERVICES AND TASK ORDER NO. 3 WITH M. ARTHUR GENSLER JR. & ASSOCIATES, INC. FOR INBOUND BAGGAGE CLAIM EXPANSION DESIGN
AND CONSTRUCTION ADMINISTRATION SERVICES AT THE PALM
SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Professional Services Agreement No. A7147 with Gensler for a 3-year term.
2. Approve Task Order No. 3 with Gensler for inbound baggage claim expansion design and construction administration services at the Palm Springs International Airport, in an amount not to exceed $2,914,322.04.
3. Allow the City Manager or designee to execute all necessary documents.
AA. APPOINTMENTS AND REAPPOINTMENTS TO VARIOUS BOARDS AND
COMMISSIONS
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Appoint Robert Berriman, representing the City of Indian Wells, to the Palm Springs International Airport Commission effective July 1, 2023, to a term expiring June30, 2025.
2. Appoint Margaret Park, representing the County of Riverside, to the Palm Springs International Airport Commission effective July 1, 2023, to a term expiring June 30, 2026.
3. Appoint Patricia Pierce and David Parker as alternates to the Administrative Appeals Board effective immediately with a term ending June 30, 2026.
4. Appoint Melissa Shelton, Tom Burns, and Carlos Silveira to the Public Arts Commission effective immediately with a term ending June 30, 2026.
5. Appoint Roy Clark and Kathleen Cohn to the Sustainability Commission effective immediately with a term ending June 30, 2026.
6. Re-appoint David Anderson to the Village Fest Board with a term ending June 30, 2026. Appoint Kelly Teo and Carlos Antonio Alvarez to the Village Fest Board effective immediately, with a term ending June30, 2026.
7. Accept the resignation of Scott Miller from the Historic Site Preservation Board effective immediately.
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BB. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND
PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR
2023- 2024.
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Adopt Resolution No. 25126, entitled, “ A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING
THE PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 ( ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, TO ESTABLISH ANNUAL ASSESSMENTS AND THE
LEVY AND COLLECTION RELATED THERETO FOR FISCAL YEAR
2023/ 2024;” and
2. Adopt Resolution No. 25127, entitled, “ A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 24, 2024, REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12,
AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED
THERETO FOR FISCAL YEAR 2023/ 2024.”
CC. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE ( PS& E) AND
AUTHORIZATION TO BID THE PLAZA THEATRE REHABILITATION
PROJECT, CITY PROJECT NO. 18- 04.
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve the plans, specifications and estimate; and authorize Staff to advertise and solicit bids for the Plaza Theater Rehabilitation Project, City Project No. 18-04.
DD. APPROVE AMENDED AND RESTATED AGREEMENT FOR THE
OPERATION OF THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-0 (MAYOR PRO TEM BERNSTEIN RECUSED DURING THE APPROVAL OF THE CONSENT CALENDAR), to:
1. Approve the Amended and Restated Agreement for the Operation of the Palm Springs Film Festival, extending the agreement to June 30, 2028; and,
2. Authorize the City Manager to executethe Agreement and take any and all actions necessary to effectuate the Agreement.
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EE. APPROVE CONTRACT SERVICES AGREEMENT NO. 23S140 WITH THE
PALM SPRINGS CHAMBER OF COMMERCE FOR ADMINISTRATION OF
THE PALM SPRINGS WALK OF STARS PROGRAM
This item was removed from the Consent Calendar for separate discussion and consideredunder Excluded ConsentCalendar.
FF. LETTER OF SUPPORT FOR ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 5 REPEALING SECTION 31 OF ARTICLE I OF THE CALIFORNIA
CONSTITUTION
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize the issuance of a letter in support of Assembly Constitutional Amendment No. 5 repealing Section 31 of Article I of the California Constitution.
GG. APPROVE FUNDING FOR PUBLIC ART PROFESSIONAL SERVICES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Public Art Funds in the amount of $25,000 for public art appraisal services.
2. Approve Public Art Funds in the amount of $ 25,000 for on-call cleaning and maintenance services.
3. Approve Public Art Funds in the amount of $ 25,000 for on-call Public Art installation engineering services.
4. Authorize the City Manager to execute all necessary documents to execute agreements with the selected service providers.
EXCLUDED CONSENT CALENDAR:
G. APPROVE AMENDMENT NO. 2 TO AGREEMENT ( A9035) WITH JNS MEDIA SPECIALISTS, INC., DBA JNS NEXT CREATIVE & MEDIA HUB FOR ON-
CALL COMMUNICATIONS, MARKETING, AND SOCIAL MEDIA SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Amendment No. 2 to Agreement A9035 with JNS Media Specialists, Inc., dba JNS Next Creative & Media Hub to provide On-Call Communications, Marketing, and Social Media Services in an additional amount of $ 40,000 for a total revised contract amount not to exceed $100,000.
2. Authorize the City Manager or designee to execute all necessary documents.
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M. ACCEPT GRANT AWARD FROM CALIFORNIA PUBLIC UTILITIES
COMMISSION IN AN AMOUNT UP TO $ 233,500 AND APPROVE CONTRACT SERVICES AGREEMENT NO. 23P125 WITH HR GREEN PACIFIC, INC. FOR
BROADBAND MASTER PLAN
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Accept a Local Agency Technical Assistance grant award from The California Public Utilities Commission in an amount up to $ 233, 500.
2. Approve Contract Services Agreement No. 23P125 with HR Green Pacific, Inc. to provide a broadband master plan for a one- year term in an amount not to exceed 162,220 beginning July 1, 2023, through June30, 2024.
3. Authorize the City Manager or designee to execute all necessary documents.
S. APPROVE AGREEMENT NO. 23B123 WITH WEST COAST ARBORISTS, INC.
FOR CITYWIDE TREE TRIMMING SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR GARNER, CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 23B123 with West Coast Arborists, Inc., to provide citywide tree trimming services for an amount not to exceed 4,298,540.00 beginning October 1, 2023, through September30, 2026, with two one-year extension options at the City’ s sole discretion.
2. Authorize the City Manager or designeeto executeall necessarydocuments.
EE. APPROVE CONTRACT SERVICES AGREEMENT NO. 23S140 WITH THE
PALM SPRINGS CHAMBER OF COMMERCE FOR ADMINISTRATION OF
THE PALM SPRINGS WALK OF STARS PROGRAM
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Contract ServicesAgreement No. 23S140with Palm Springs Chamberof Commerce to provide Administration of the Palm Springs Walk of Stars Program for an amount not to exceed $623,700 beginning July 1, 2023, through June 30, 2028, with two one-year extension options upon mutual agreement, as amended.
2. Authorize the City Manager or designeeto executeall necessarydocuments.
2. PUBLIC HEARINGS:
A. RESOLUTION CONFIRMING THE REPORT OF THE PALM SPRINGS
SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT
ADVISORY BOARD, LEVYING THE FISCAL YEAR 2023-24 ASSESSMENT,
AND CONDUCT OF PROTEST PROCEEDINGS
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY MAYOR GARNER, CARRIED 5-0, to:
1. Open the public hearing, receive public testimony, and written and oral protests to confirm the Report of the Palm Springs Tourism Small Hotel Business City Council Minutes June29, 2023
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Improvement District Advisory Board and levying an assessmentfor Fiscal Year 2023-24.
2. Adopt Resolution No. 25128, entitled, “ A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING
THE REPORT OF THE PALM SPRINGS TOURISM SMALL HOTEL
BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN ASSESSMENT FOR FISCAL YEAR 2023- 24 IN CONNECTION WITH
THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS
IMPROVEMENT DISTRICT.”
B. PUBLIC HEARING AND ADOPTION OF THE FISCAL YEAR 2023- 24 AND FISCAL YEAR 2024-25 COMPREHENSIVE BUDGETS, PALM SPRINGS
COMMUNITY REDEVELOPMENT SUCCESSOR AGENCY BUDGET,
UPDATED STATUS OF ADOPTED 5-YEAR CAPITAL IMPROVEMENT
PROGRAM, APPROPRIATIONS LIMIT, AND ALLOCATED POSITIONS AND COMPENSATION PLAN.
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:
1. Open the public hearing and accept public testimony on the FY 2023–24 and FY 2024- 25 Budgets.
2. Adopt Resolution No. 25129, entitled, “ A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL
YEAR 2023 – 2024 AND FISCAL YEAR 2024 - 2025; AND ADOPTING THE PUBLICLY AVAILABLE PAY SCHEDULES;”
3. Adopt Resolution No. 25130, entitled, “ A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR FISCAL YEAR 2023 – 2024 AND FISCAL YEAR 2024 – 2025 AND SUCH OTHER MATTERS AS REQUIRED;”
4. Adoption Resolution No. 25131, entitled, “ A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING
SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE PALM
SPRINGS COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE
SUCCESSOR AGENCY BUDGET FOR FISCAL YEAR 2023 – 2024, AND OTHER SUCH MATTERS AS REQUIRED;” and
5. Adoption Resolution No. 25132, entitled, " A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023 – 2024 ENDING ON JUNE 30, 2024."
6. Direct the City Manager and Acting Director of Finance and Treasurer to make the appropriatemodifications to the Budget and preparethe final budget documentsfor FY 2023- 24 and FY 2024- 25, as amended.
City Council Minutes June29, 2023
City of Palm Springs Page14
3. BUSINESS & LEGISLATIVE:
A. APPROPRIATE FUNDS FOR THE HOMELESS NAVIGATION CENTER AND EARLY ENTRY FACILITY IN THE AMOUNT OF $ 5,000,000 AT 3589 MCCARTHY ROAD AND APPROVAL OF AMENDMENT NO 3. TO
PROFESSIONAL SERVICES AGREEMENT NO. 9161 WITH JOHN
FRIEDMAN ALICE KIMM ARCHITECTS, A CALIFORNIA CORPORATION,
FOR ARCHITECTURAL DESIGN SERVICES OF THE PALM SPRINGS
NAVIGATION CENTER, CITY PROJECT NO. 22- 05
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:
1. Approve $ 5,000, 000 in the Fiscal Year 2024 General Fund Budget for additional costs relative to the Navigation Center and to allow Early Entry beds at 3589 McCarthy Road to be available more quickly.
2. Approve Amendment No. 3 in the amount of $ 520,763 to Professional Services Agreement No. 9161, for a new not- to- exceed amount of $ 1,440, 355 with John Friedman Alice Kim Architects for the Palm Springs Navigation Center, City Project No. 22- 05.
3. Approve an increasein the project contingency from $1,500,000 to $3,000,000 and authorize the City Manager to approve project- related contracts, amendments, and changeordersup to $3 million ( 10% of the construction budget).
B. CONSIDERATION OF THE ESTABLISHMENT OF A CITY COUNCIL
POLICY PROVIDING A CERTAIN PERCENTAGE OF TRANSIENT
OCCUPANCY TAX ( TOT) BE SET ASIDE AND USED FOR FUTURE
AFFORDABLE HOUSING NEEDS
MOTION BY MAYOR GARNER, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-1 (COUNCILMEMBER DEHARTE VOTING NO), to adopt Resolution No. 25133, entitled, “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ESTABLISHING A CITY COUNCIL POLICY
REGARDING THE USE OF A CERTAIN PERCENTAGE OF TRANSIENT
OCCUPANCY TAX ( TOT) FOR AFFORDABLE HOUSING PROGRAMS.”
C. CONSIDERATION OF THE ESTABLISHMENT OF A CITY COUNCIL POLICY ESTABLISHING A MINIMUM FUND BALANCE IN THE CITY’ S
GENERAL FUND
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 3-2 ( COUNCILMEMBERS DEHARTE AND HOLSTEGE VOTING NO), to adopt Resolution No. 25134, entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A GENERAL FUND RESERVE POLICY.”
PUBLIC COMMENT: None.
CityCouncilMinutesJune29, 2023
CityofPalmSpringsPage15
CITYCOUNCILANDCITYMANAGERCOMMENTS, REPORTS, & AGENDA
DEVELOPMENT:
CityManagerStilesandtheCityCouncildiscussedthetentativeupcomingmeetingscheduleand agendaitems. MayorGarner, MayorProTemBernstein, andCouncilmembersdeHarte, Holstege, andMiddletonprovidedcomments.
ADJOURNMENT:
TheCityCounciladjournedthemeetingofThursday, June29, 2023, at10:15p.m.
Respectfullysubmitted,
BrendaPree, MMC, CERA
CityClerk
APPROVEDBYCITYCOUNCIL: 9/14/2023