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.
OCTOBER 12, 2023
4:00 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
4:00 P.M. CLOSED SESSION
CALL TO ORDER (Council Chamber):
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:
A. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES
ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion.
The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.
REPORT OF CLOSED SESSION:
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) October 12, 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:
1. 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
2. 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
3. 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.
B. APPROVE CONTRACT CHANGE ORDER NO. 1 TO CONTRACT NO. 23B127
WITH VANCE CORPORATION FOR ROAD REPAIRS AT GENE AUTRY AND
INDIAN CANYON WASH
RECOMMENDATION:
In accordance with Section 7.05.060 of the Palm Springs Municipal Code, “Best Interest of City,” approve Contract Change Order No. 1 in the amount of $113,690 to the construction contract (Agreement No. 23B127) with Vance Corporation in a revised amount not to exceed $370,186.50 for the road repairs at Gene Autry Trail and Indian Canyon Wash project.
1. Authorize the City Manager or designee to execute all necessary documents.2.
October 12, 2023 City Council Regular Meeting Agenda 3
C. APPROVE AMENDMENT NO. 2 TO THE AMENDED AND RESTATED LEASE
WITH ARENAS ASSOCIATES, DBA PALM SPRINGS FUDGE & CHOCOLATES, LOCATED AT 211 SOUTH PALM CANYON
RECOMMENDATION:
Approve Amendment No. 2 to the Amended and Restated Lease with Arenas Associates dba Palm Springs Fudge & Chocolates to extend the term an additional five years.
1. Authorize the City Manager or his designee to execute all necessary documents.2.
D. ADOPT A RESOLUTION AUTHORIZING THE EXTENSION OF THE SERVICE FEE
COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2034
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE EXTENSION OF THE
SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2034.”
E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2084 AMENDING CITY
MUNICIPAL CODE TO ESTABLISH PERMANENT LIMITATIONS ON
THIRD-PARTY FOOD DELIVERY FEES
RECOMMENDATION:
Adopt Ordinance No. 2084 entitled, “AN ORDINANCE 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.”
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
October 12, 2023 City Council Regular Meeting Agenda 4
2. PUBLIC HEARINGS:
A. CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE CALIFORNIA
GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS COVENANT
BETWEEN THE CITY OF PALM SPRINGS AND TWIN PALMS RESORTS, LLC,
A CALIFORNIA LIMITED COMPANY, (DBA TWIN PALMS RESORT) PURSUANT
TO THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM
RECOMMENDATION:
Open the public hearing and receive public testimony.1.
Approve a Hotel Operations Covenant Agreement with Twin Palms Resorts, LLC for the Twin Palms Resort located at 1930 South Camino Real.
2. Authorize the City Manager to execute all necessary documents.3.
B. APPEAL OF CALIBLISS, LLC. CONDITIONAL CANNABIS EXPIRATION CANNABIS PERMIT NO. C-2019-096
RECOMMENDATION:
Open the public hearing and receive public testimony and evidence.1.
Deny an extension by adopting a Resolution entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON
THE APPEAL OF CALIBLISS, LLC FOR THE EXPIRATION OF
CONDITIONAL CANNABIS PERMIT NO. C-2019-096” (“Resolution”).
2. 3. BUSINESS & LEGISLATIVE:
A. APPROVE TWO-YEAR COOPERATIVE SUBSCRIPTION AGREEMENT WITH INSIGHT PUBLIC SAFETY, INC. FOR THE IMPLEMENTATION AND
DEPLOYMENT OF 15 FLOCK SAFETY FIXED ALPR CAMERAS
RECOMMENDATION:
Approve Cooperative Subscription Agreement No. 23C214 with Insight Public Sector, Inc. for 2 years, not to exceed $99,750 to implement Flock Safety fixed Automated License Plate Recognition (ALPR) technology.
1. Authorize the City Manager or designee to execute the agreement.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.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA October 12, 2023 City Council Regular Meeting Agenda 5
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.
ADJOURNMENT:
AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on October 6, 2023, and posted on the City’s website as required by established policies and procedures.
____________________________
Brenda Pree,
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.
October 12, 2023 City Council Regular Meeting Agenda 6