Agenda packet — Palm Springs City Council, October 26, 2023 (part 1 of 4)

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 26, 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 26, 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.

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. APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of September 14 and September 26, 2023.

C. ACCEPT RESIGNATIONS FROM VARIOUS BOARDS AND COMMISSIONS RECOMMENDATION:

Accept the resignation of Jerry Alcorn from the Parks and Recreation Commission effective immediately.

1. Accept the resignation of Dean Grubl from the Sustainability Commission effective immediately.

2. D. AUTHORIZE ISSUANCE OF LETTERS IN SUPPORT OF ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 1 (ACA 1) AND ASSEMBLY
CONSTITUTIONAL AMENDMENT NO. 13 (ACA 13)
RECOMMENDATION:

Authorize issuance of two (2) letters in support of 1) Assembly Constitutional Amendment No. 1 (ACA 1) and 2) Assembly Constitutional Amendment No. 13 (ACA 13).

October 26, 2023 City Council Regular Meeting Agenda 3

E. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF SEPTEMBER 1 THROUGH SEPTEMBER 30, 2023
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of September 1 through September 30, 2023.

F. APPROVE USE AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR

ACCESS TO AND USE OF THE PUBLIC SAFETY ENTERPRISE

COMMUNICATION SYSTEM
RECOMMENDATION:

Approve Use Agreement 23G306 with the County of Riverside for an initial term ending December 31, 2028, with one five-year option to renew, for access to and use of the Public Safety Enterprise Communication radio system for an estimated amount of $1,110,846 through June 30, 2025.

1. Appropriate $110,000 from the Airport Operations and Maintenance fund balance in Fiscal Year 2024-25 budget.

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

3. G. APPROVAL OF PROFESSIONAL SERVICE AGREEMENT NO. 23P319 WITH KOUNKUEY DESIGN INITIATIVE, INC. IN AN AMOUNT NOT TO EXCEED $325,000 TO UPDATE THE PARKS & RECREATION MASTER PLAN
RECOMMENDATION:

Approve Professional Services Agreement No. 23P319 with Kounkuey Design Initiative, Inc. to provide an update to the Parks & Recreation Master Plan for an amount not to exceed $325,000

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

H. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE PARKLET USE THROUGH DECEMBER 31, 2028
RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE DATE FOR PARKLET USAGE.”

I. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P227 WITH CITYGATE October 26, 2023 City Council Regular Meeting Agenda 4 I. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P227 WITH CITYGATE

ASSOCIATES, LLC FOR AN ORGANIZATION ANALYSIS, COMMUNITY RISK

ASSESSMENT, STANDARD OF COVERAGE, AND FIVE-YEAR STRATEGIC PLAN
RECOMMENDATION:

Approve Contract Services Agreement No. 23P227 with Citygate Associates, LLC to provide Fire Department organizational analysis, community risk assessment, the standard of coverage, and 5-year strategic plan for a six-month term in an amount not to exceed $177,809 beginning November 1, 2023, through April 30, 2024, with one one-year extension option at the City’s sole discretion; and

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

J. ADOPT A RESOLUTION ADOPTING A FLAG DISPLAY POLICY AND

AUTHORIZING THE DISPLAY OF THE PRIDE FLAG AT CITY FACILITIES

ANNUALLY IN THE MONTH OF NOVEMBER
RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A FLAG DISPLAY POLICY

AND AUTHORIZING THE DISPLAY OF THE PRIDE FLAG AT CITY-OWNED FACILITIES ANNUALLY IN THE MONTH OF NOVEMBER.”

K. APPROVE CONSULTING SERVICES AGREEMENT NO. 23Q314 WITH M.

ARTHUR GENSLER JR. & ASSOCIATES, INC. FOR DESIGN AND

CONSTRUCTION SUPPORT SERVICES FOR AIRPORT PUBLIC RESTROOMS RECOMMENDATION:

Approve Consulting Services Agreement No. 23Q314 with Gensler to provide design services for an amount not to exceed $236,429 for Phase I – Basis of Design and Project Definition.

1. Authorize the City Manager or designee to negotiate and amend the contract at a later date to continue into Phase II of the project to complete the design of the project and provide construction support services for an amount not to exceed $3,000,000.

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

October 26, 2023 City Council Regular Meeting Agenda 5

L. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 23Q082 WITH C&S ENGINEERS, INC. FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES

FOR EMPLOYEE AND ECONOMY PARKING LOTS
RECOMMENDATIONS:

Approve Professional Services Agreement No. 23Q082 with C&S Engineers, Inc. to provide design services for an amount not to exceed $154,058 for Phase I – Programming and Investigation of the project.

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

M. APPROVE CONTRACT SERVICE AGREEMENT NO. 23I320 WITH AVIATRIX

COMMUNICATIONS, LLC FOR WEBSITE SUPPORT AND MAINTENANCE

SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATIONS:

Approve Contract Services Agreement No. 23I320 with Aviatrix Communications, LLC to provide website support and maintenance services for the Palm Springs International Airport in an amount not to exceed $65,258 for an initial two-year term beginning September 1, 2023, through August 31, 2025.

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

N. APPROVE AMENDMENT NO. 4 TO CONSULTING SERVICES AGREEMENT A5548 WITH HARRELL & COMPANY ADVISORS, LLC
RECOMMENDATIONS:

Approve Amendment No. 4 to Consulting Services Agreement No. A5548 with Harrell & Company Advisors LLC, approving an extension through October 31, 2026, for financial advising services in an amount not to exceed $236,000.

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

O. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9148 WITH DOWNS

ENERGY FOR DELIVERY OF FUEL
RECOMMENDATIONS:

Approve Amendment No. 2 to Agreement A9148 with Downs Energy for delivery of fuel in an additional amount of $777,435.63 for a total revised contract amount not to exceed $3,477,435.63, over the five-year term.

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

P. APPROVE CONTRACT CHANGE ORDER NO. 3 IN THE AMOUNT OF October 26, 2023 City Council Regular Meeting Agenda 6 P. APPROVE CONTRACT CHANGE ORDER NO. 3 IN THE AMOUNT OF $63,698.20 FOR THE AIRPORT COMMON USE PODIUMS – BONO
CONCOURSE, CITY PROJECT 21-28
RECOMMENDATIONS:

Approve Contract Change Order No. 3 with CALTEC, a California corporation, in the amount of $63,698.20 for the Airport Common Use Podiums – Bono Concourse, City Project No. 21-28.

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

2. Appropriate $63,698.20 from the Airport Special Capital Projects fund balance.3.

Q. ADOPT A RESOLUTION APPROVING A DAY OF REMEMBRANCE HONORING

LAURA ANN CARLETON
RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DAY OF
REMEMBRANCE HONORING LAURA ANN CARLETON.”

R. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B224 WITH AL MILLER & SONS ROOFING CO., INC. FOR ON-CALL ROOFING REPAIR AND

INSTALLATION SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT RECOMMENDATION:

Approve Contract Services Agreement No. 23B224 with Al Miller & Sons Roofing Co., Inc. to provide on-call roofing repair and installation services for the Palm Springs International Airport in an amount not to exceed $900,000 for the initial three-year term beginning November 1, 2023, through October 31, 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.

S. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B223 WITH SQUARE

SIGNS LLC DBA FRONT SIGNS FOR ON-CALL SIGNAGE AND WAYFINDING

INSTALLATION AND REPAIR SERVICES FOR PALM SPRINGS

INTERNATIONAL AIRPORT
RECOMMENDATIONS:

Approve Contract Services Agreement 23B223 with Square Signs LLC dba Front Signs to provide on-call signage and wayfinding installation and repair services for the Palm Springs International Airport in an amount not to exceed $600,000 for the initial three-year term beginning November 1, 2023, through October 31, 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.

October 26, 2023 City Council Regular Meeting Agenda 7

T. APPROVE AMENDMENT NO. 2 TO THE CONSULTING SERVICES

AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE

COACHELLA VALLEY ECONOMIC PARTNERSHIP FOR THE PALM SPRINGS

INNOVATION HUB AND ACCELERATOR CAMPUS FOR A THREE-YEAR
PERIOD
RECOMMENDATION:

Approve Amendment No 2 to the Consulting Services Agreement for the operation of the Palm Springs iHub with the Coachella Valley Economic Partnership in an amount of $200,000 for an additional one-year term beginning July 1, 2023, and continuing until June 30, 2024, with two one-year options.

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

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

1. PUBLIC HEARINGS: NONE.

October 26, 2023 City Council Regular Meeting Agenda 8

2. BUSINESS & LEGISLATIVE:

A. REQUEST TO AMEND CHAPTER 6.15 OF THE PALM SPRINGS MUNICIPAL

CODE RELATING TO MOBILE FOOD VENDING VEHICLE REGULATIONS RECOMMENDATION:

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

1. Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6.15 OF

THE PALM SPRINGS MUNICIPAL CODE RELATING TO MOBILE FOOD VENDING VEHICLE REGULATIONS.”

2. B. REPORT ON STATE OF CANNABIS AND POSSIBLE DIRECTION REGARDING SAME; URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,

CALIFORNIA, ADOPTING AN IMMEDIATE MORATORIUM ON CITY

APPROVAL OF NEW APPLICATIONS AND TRANSFERS PERMITS TO

ENGAGE IN CANNABIS RETAIL FOR CONSIDERATION OF APPROPRIATE

AMENDMENTS TO THE MUNICIPAL CODE IN ACCORDANCE WITH
GOVERNMENT CODE SECTIONS 65858 (4/5TH Vote Required)
RECOMMENDATION:

Receive the report from City Staff and provide direction to Staff as appropriate.1.

Waive the reading of the text in its entirety, read by title only, and adopt an urgency Ordinance entitled, “AN INTERIM URGENCY ORDINANCE OF THE

CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A TEMPORARY

MORATORIUM ON CITY APPROVAL OF NEW APPLICATIONS AND

TRANSFER FOR PERMITS TO ENGAGE IN CANNABIS RETAIL FOR

CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE MUNICIPAL CODE IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858
(4/5TH Vote Required).”

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 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:

October 26, 2023 City Council Regular Meeting Agenda 9

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 20, 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 26, 2023 City Council Regular Meeting Agenda 10

CITY COUNCIL STAFF REPORT
10/26/2023
SUBJECT:
4:00 P.M. CLOSED SESSION
Attachments
2023-10-26 Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CLOSED SESSION AGENDA
Thursday, October 26, 2023 – 4:00 p.m.

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconfer ence. There will be 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 C ouncil 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). Please contact the City Cl erk at 760-323-8204 to be added to the queue.

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.

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION G.C 54956.9(d)(1)

City of Palm Springs v. Desert Community College District, Riv. Sup. Ct., No. CVPS2203916

CONFERENCE WITH LEGAL COUNSEL— INITIATION OF LITIGATION G.C § 54956.9(d)(4)

Under existing facts and circumstances, there is on e (1) matter the City Counc il has decided or may decide to initiate litigation.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR Gov’t Code § 54956.8

Property:

City Negotiator:

Negotiating parties:

Under negotiation:
119.4 Acres of real property, located on the Northwest Corner of Indian Canyon Dr. and Tramview Road
Scott Stiles, City Manager
Desert Community College District
Price and Terms

CITY COUNCIL STAFF REPORT
10/26/2023
SUBJECT:

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.

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

Attachments
Item 1A

CITY COUNCIL STAFF REPORT
DATE: October 26, 2023 CONSENT CALENDAR
SUBJECT: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 FROM:

BY:

Scott C. Stiles, City Manager
Brenda Pree, City Clerk
RECOMMENDATION:

By motion, find that:

1. The City Council has reconsidered the circumstances of the state of emergency.

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

BACKGROUND:

Governor Newsom’s Executive Orders N-29-20 and N-35-20, which relaxed some of the Brown Act’s teleconferencing provisions during the COVID -19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which amends sections of the Brown Act to allow legislative bodies to more easily hold teleconference meetings during a state of emergency.

AB 361 added section 54953(e) to the Brown Act, authorizing legislative bodies (City Council, Boards, and Commissions) to conduct remote meetings provided the legislative body makes specified findings on a regular basis. Section 54953(e)(3) authorizes the City Council and its subordinate bodies to continue to conduct remote and/or hybrid public meetings, provided the procedural requirements of AB 361 are met.

In order to continue meeting by remote teleconferencing, a required condition is that the City Council find that state or local officials have imposed or recommended measures to promote social (physical) distancing, and that the legislative body continues to make Item 1A - Page 1
certain findings by majority vote at least every 30 days.

Among other measures to promote physical distancing, the California Division of Occupational Safety and Health (“Cal/OSHA”) regulations at Title 8 Section 3205 recommend physical distancing in the workplace as precautions against the spread of COVID-19 and imposes certain restrictions and requirements due to a “close cont act” which occurs when individuals are within six feet of another in certain circumstances.

And, the Centers for Disease Control and Prevention continue to recommend avoiding contact and keeping a safe distance from a person who has a suspected or confirme d case of COVID-19.

Under AB 361, teleconferenced meetings must meet the following requirements:
• All votes taken during a teleconferenced meeting must be by rollcall. • Whenever notice of the time of the meeting is given or the agenda for the meeting is posted, the legislative body must also provide notice of the means by which members of the public can access the meeting and offer public comment. The agenda must identify and include an opportunity for all persons to attend via a call- in option or an internet-based service option.
• In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the City’s control that prevents members of the public from offering public comments using the call -in option or internet-based service option, the legislative body cannot take any further action on items appearing on the meeting agenda u ntil public access to the meeting via the call-in option or internet-based service option is restored. • The legislative body cannot require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
• An individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. • With regard to public comments:
• A legislative body that provides a timed public comment period for each agenda item cannot close the public comment period for the agenda item, or the opportunity to register, to provide public comment until that timed public comment period has elapsed.
• A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, must allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register/log on, or otherwise be recognized for the purpose of providing public comment. • A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item cannot close the public comment period or the opportunity to register/log on, until the timed general public comment period has elapsed.

Item 1A - Page 2
City Council Staff Report
October 26, 2023 -- Page 2
Virtual Meetings Under AB 361
As such, City Staff and the City Attorney recommend that the City Council make thes e findings, including at every Council meeting, in order to meet the “every 30 days” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Brenda Pree
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
Item 1A - Page 3

CITY COUNCIL STAFF REPORT
10/26/2023
SUBJECT:

APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of September 14 and September 26, 2023.

Attachments
Item 1B

Thursday, September 14, 2023
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

Pursuant to Assembly Bill 361 this meeting was conducted in part by teleconference.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Garner on Thursday, September 14 , at 5:37 p.m.

PLEDGE OF ALLEGIANCE:

London Murphy-Ritchey, elementary school student, led the Pledge of Allegiance.

ROLL CALL:

Present: Councilmembers Ron deHarte , Holstege, and Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner.

Absent: None.

City Staff

Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Jeremy Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; Paul Alvarado, Fire Chief; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:

• Storm Impacts Presentation by City Manager Stiles, Chief of Police Mills, Fire Chief Alvarado, and Emergency Management Coordinator DeSelms.
• Airport Master Plan Update Presentation by Airport Executive Director Barrett and Eden Hunt Consultant Hayes.
• Convention Center Future Study Presentation by Palm Springs Bureau of Tourism General Manager Hampton and CSL Principal Kaatz.

ACCEPTANCE OF THE AGENDA:

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item No. 1U for separate discussion; and recusal from Mayor Pro Tem Bernstein on Consent Calendar Item No. 1P.

Item 1B - Page 1

City Council Minutes September 14, 2023
City of Palm Springs Page 2

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of September 14, 2023 , was called to order by Mayor Garner at 4:00 p.m.

The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda, with no reportable action:

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

Under existing facts and circumstances, there was one (1) matter.

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

Under existing facts and circumstances, there were 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 was one (1) matter.

PUBLIC TESTIMONY:

Greg Roberts, Alejandro Meza Aguilar, Brian Sanchez, Lyzzeth Mendoza, Brad Anderson, Ellis Delahousay, Jhon Luna, Nancy Ferguson, and Alex Cruz provided oral testimony.

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0 (WITH RECUSAL FROM MAYOR PRO TEM BERNSTEIN ON ITEM NO, 1P) , to approve the Consent Calendar with Item No. 1 U pulled for separate discussion.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

MOTION BY COUNCILMEMBER HOLSTEGE , SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, 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 spr ead, 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 Item 1B - Page 2

City Council Minutes September 14, 2023
City of Palm Springs Page 3

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

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. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Appoint Dave Banks to the Palm Springs International Airport Commission, effective immediately, to a term expiring on June 30, 2026.

2. Appoint Jase Nagaia to the Parks & Recreation Commission, effective immediately, to a term expiring on June 30, 2026.

3. Accept the resignation of Patricia Pierce from the Administrative Appeals Board effective immediately.

4. Accept the resignation of Stephen Moses from the Administrative Appeals Board effective immediately.

5. Accept the resignation of Scott G. Miller from the Palm Springs International Airport Commission effective immediately.

6. Accept the resignation of Katherine Hatch from the Parks & Recreation Commission effective immediately.

C. APPROVAL OF MINUTES:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve the City Council Meeting Minutes of June 29, July 10, and July 24, 2023.

D. DESIGNATION OF THE CITY’S VOTING DELEGATE AND ALTERNATES AT

THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE BUSINESS

MEETING

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to designate Mayor Grace Garner as the voting delegate, and Mayor Pro Tem Jeffrey Bernstein and Councilmember Lisa Middleton as alternate voting delegates, to represent the City at the 2023 League of California Cities Annual Conference Business Meeting and authorize the City Clerk to sign the 2023 Annual Conference Voting Delegate/Alternate Form.

E. ACCEPTANCE OF THE DEMUTH COMMUNITY CENTER LIFE SAFETY IMPROVEMENTS PHASE 2 AND AIR CONDITIONING INSTALLATION, CITY PROJECT NO. 19-14

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Accept the public works improvement, identified as the Demuth Community Center Egress & HVAC Improvements, City Project 19-14, as completed in accordance with the plans and specifications.

Item 1B - Page 3

City Council Minutes September 14, 2023
City of Palm Springs Page 4

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Demuth Community Center Egress & HVAC Improvements, City Project 19-14.

F. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 23E111 WITH 4LEAF, INC. FOR INTERIM CITY BUILDING OFFICIAL AND PLAN REVIEW

SERVICES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to approve Amendment No. 2 to Agreement No. 23E111 with 4Leaf, Inc., to provide continued interim building official and plan review services in an additional amount of $100,000 for a total revised contract amount not to exceed $214,400; and authorize the City Manager or designee to execute all necessary documents.

G. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9152 WITH UPBEAT

PARADE PRODUCTIONS, INC, FOR ADDITIONAL SERVICES FOR THE

PALM SPRINGS VETERANS DAY PARADE AND THE PALM SPRINGS

FESTIVAL OF LIGHTS PARADE

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to approve Amendment No. 2 to Agreement No. -A9152 with Upbeat Parade Productions, Inc., to provide additional curated services for the Palm Springs Festival of Lights Parade and the Palm Springs Veterans Day Parade in the amount of $360,000 for a total revised contract amount not to exceed $557,000; and authorize the City Manager to execute all necessary documents.

H. APPROVE AMENDMENT NO. 2 TO NON -EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. A9092 WITH ALCLEAR, LLC DBA CLEAR AT THE

PALM SPRINGS INTERNATIONAL AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve Amendment No. 2 to Non -Exclusive Operating and Lease Agreement No.

A9092 (Attachment A) with Alclear, LLC dba CLEAR to increase the terminal leased space commencing on April 1, 2023, through March 31, 2024, at a monthly rental rate of $7,559.56.

2. Authorize the Airport Executive Director to approve up to one one-year extension commencing on April 1, 2024, if mutually agreed upon.

3. Authorize the City Manager or City Manager Designee to execute all documents.

I. PURCHASE OF LIBRARY MAGAZINES AND NEWSPAPERS WITH EBSCO

INFORMATION SERVICES, LLC FOR A FIVE -YEAR, NOT -TO-EXCEED AMOUNT OF $75,000

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to purchase library magazines and newspapers from existing vendor, EBSCO Information Services, LLC , for a term of five years, in the not- Item 1B - Page 4

City Council Minutes September 14, 2023
City of Palm Springs Page 5

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

to-exceed amount of $75,000; and authorize the City Manager to execute all necessary documents.

J. APPROVAL OF AMENDMENT NO. 1 TO LEASE AGREEMENT NO. A5666

WITH THE GENERAL SERVICES ADMINISTRATION FOR THE

TRANSPORTATION SECURITY ADMINISTRATION TERMINAL OFFICE

SPACE LEASE AT THE PALM SPRINGS INTERNATIONAL AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to approve Amendment No. 1 to Lease Agreement No.

A5666 with the General Services Administration for a five-year lease extension for the TSA terminal office lease of 6,653 square feet, commencing October 1, 2023, through September 30, 2028, generating $904,808 in annual rent; and authorize the City Manager or designee to execute all necessary documents.

K. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B128 WITH SOUTH COAST INDUSTRIAL DOOR, INC. FOR AIRPORT AUTOMATIC ROLLING

GATES AND DOOR REPAIR SERVICES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to approve Contract Services Agreement 23B128 (Attachment A) with South Coast Industrial Door, Inc. to provide on-call automatic rolling gates and door repair services at the Palm Springs International Airport in an amount not to exceed $400,000 for the initial three -year term beginning October 1, 2023, through September 30, 2026, with two one-year extension options at the City’s sole discretion; and, authorize the City Manager or his designee to execute all necessary documents.

L. AUTHORIZE THE PURCHASE OF NINE (9) NEW VEHICLES AND

EQUIPMENT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND B Y MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of 3 Ford Mustang Mach E electric vehicles in an amount not to exceed $164,611.95.

2. Approve the issuance of a purchase order to National Auto Fleet Group, for the purchase of 6 Ford F -150 XL Hybrid 4WD SuperCrew vehicles in an amount not to exceed $378,005.36.

3. After delivery of the new vehicles, declare existing vehicles being replaced as surplus vehicles and authorize the City Man ager or designee to sell them at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code.

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

M. APPROVE A LICENSE AGREEMENT WITH EBSCO INFORMATION

SERVICES, LLC FOR FIVE YEARS OF ACCESS TO ELECTRONIC MAGAZINE

AND NEWSPAPER ARTICLES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to approve a five-year license agreement with EBSCO in Item 1B - Page 5
City Council Minutes September 14, 2023

City of Palm Springs Page 6

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES the amount of $57,921 for catalog ing, metadata, and interlibrary loan services; and authorize the City Manager to execute all necessary documents.

N. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 20000738 IN AN AMOUNT NOT TO EXCEED $120,160 WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., FOR THE CITY OF PALM SPRINGS STORM DRAIN LINE 20, STAGE 3, CITY PROJECT 19-15

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize an increase to Purchase Order No. 20000738 in an amount not to exceed $120,160 with Engineering Resources of Southern California, Inc., an “on-call” civil engineering firm, for post-design and construction support services during construction; and authorize the City Manager or designee to execute all necessary documents.

O. APPROVE AGREEMENT WITH LEADS ONLINE FOR THREE YEARS OF

INVESTIGATIVE TOOLS

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve a three-year agreement with Leads Online in the amount of $23,698 for investigative tools; and authorize the City Manager to execute all necessary documents in a form approved by the City Manager and City Attorney.

P. A REQUEST BY REN ACQUISITION INC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL WINE (TYPE 20 – OFF-SALE GENERAL) AT A WINE BAR AND RESTAURANT, LOCATED AT 175 NORTH PALM CANYON DRIVE (APN: 513-560-043), ZONE CBD (CASE PCN-2023-0007)

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-0-1 (MAYOR PRO TEM BERNSTEIN RECUSING DURING THE APPROVAL OF THE CONSENT CALENDAR ), to Adopt Resolution No. 25139 , 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 A TYPE 20 (OFF -SALE

BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR A WINE BAR/RESTAURANT LOCATED AT 175 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NO. 0446.06.”

Q. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P188 WITH
NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC., FOR CDBG

HOME REHABILITATION PROGRAM

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve Contract Services Agreeme nt No. 23P188 with Neighborhood Partnership Housing Services, Inc., to provide CDBG home rehabilitation program for a one -year term in an amount not to exceed $412,266 beginning October 1, 2023, through September 30, 2024.

2. Approve the CDBG Owner Occupied Home Rehabilitation Program Guidelines.

Item 1B - Page 6
City Council Minutes September 14, 2023

City of Palm Springs Page 7

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

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

R. APPROVAL OF AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2023 -24 AND FISCAL
YEAR 2024-25

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to adopt Resolution No. 25140, entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE ALLOCATED
POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022 -2023, ADOPTED BY RESOLUTION NO. 25033;” and, authorize the City Manager to execute all documents necessary to effectuate this action.

S. SECOND READING AND ADOPTION OF ORDINANCE 2087, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26

OF THE PALM SPRING MUNICIPAL CODE REGARDING THE HOTEL

OPERATIONS INCENTIVE PROGRAM

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to waive the second reading of the text in its entirety and adopt Ordinance No. 2087, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING THE HOTEL OPERATIONS INCENTIVE PROGRAM.”

T. APPROVAL OF AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC. (A6191B), A CALIFORNIA CORPORATION, IN THE AMOUNT OF $831,067.22, FOR THE VIST A CHINO

LOW-WATER CROSSING BRIDGE AT THE WHITEWATER RIVER, CITY PROJECT NO 10-10, FEDERAL AID PROJECT NO. BR-NBIL (513)

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Amendment No. 3 in the amount of $831,067.22 to Professional Services Agreement No. 6191B, for a new not -to-exceed amount of $6,479,452.92 with CNS Engineers for the Vista Chino Low-Water Crossing Bridge at the Whitewater River, City Project No. 10-10, Federal Aid Project No BR -NBIL513; and, authorize the City Manager to execute all necessary documents.

U. APPROVE PROFESSIONAL SERVICE AGREEMENT NO. 23Q183 WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION PROJECTS 16 -08, MAIN LIBRARY RENOVATIONS, AND 19 -18, JC FREY BUILDING
REHABILITATION PHASE 1

This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

Item 1B - Page 7
City Council Minutes September 14, 2023

City of Palm Springs Page 8

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES V. AUTHORIZE ISSUANCE OF A LETTER IN SUPPO RT OF SENATE BILL 244 –

THE RIGHT TO REPAIR ACT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to authorize issuance of a letter in support of Senate Bill 244, supporting the Right to Repair Act.

W. APPROVE BENEFIT PLAN AN D SERVICE AGREEMENTS FOR EMPLOYEE

GROUP HEALTH COVERAGE

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve employee benefit plan and service agreements for group health insurance coverage; and authorize the City Manager and/or designee to execute all documents.

X. AWARD TWO SERVICE AGREEMENTS FOR ON -CALL RECRUITMENT

SERVICES FOR EXECUTIVE STAFF

MOTION BY COUNCI LMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Award an on-call recruitment services agreement with Mosaic Public Partners LLC for general department recruiting services for executive staff for a term of four years, not to exceed $210,000.

2. Award an on-call recruitment services agreement with Jacob Green & Associates, Inc. for aviation recruiting services for executive staff for a term of four years, not to exceed $168,000.

3. Authorize the City Manager or designee to execute the Agreements.

Y. APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. A7148 FOR ON-CALL AVIATION CONSULTING SERVICES WITH RS&H CALIFORNIA, INC. AT THE PALM SPRINGS INTERNATIONAL

AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to approve Amendment No. 2 to Professional Services Agreement No. A7184 with RS&H to retroactively include Task Order No. 11 and Task Order No. 12; and allow the City Manager or designee to execute all necessary documents.

Z. AWARD TWO CONTRACT SERVICES AGREEMENTS FOR COST

ESTIMATING SERVICES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to award two Contract Services Agreements for cost estimating services for various departments to 1) Anse r Advisory Consulting, LLC dba Anser Advisory, and 2) MARRS Services, Inc. for amounts not to exceed $400,000 for each agreement for a three-year term as outlined in the Agreements; and authorize the City Manager or designee to execute all necessary documents.

Item 1B - Page 8
City Council Minutes September 14, 2023

City of Palm Springs Page 9

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES AA. ACCEPTANCE OF $135,000 IN GRANT FUNDING FROM THE CALIFORNIA

OFFICE OF TRAFFIC SAFETY FOR A SELECTIVE TRAFFIC ENFORCEMENT

PROGRAM TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS

TO THE PUBLIC

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to accept $135,000 in grant funding from the California Office of Traffic Safety for a Selective Traffic Enforcement Program for 2023/2024; and authorize the City Manager to execute all necessary documents.

BB. AUTHORIZE AN INC REASE TO PURCHASE ORDER NO. 22001221 IN AN AMOUNT NOT TO EXCEED $96,820 WITH STANTEC CONSULTING

SERVICES FOR THE WASTEWATER TREATMENT PLANT (WWTP)
DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize an increase to Purchase Order No. 22001221 in an amount not to exceed $96,820 with Stantec Consulting Services, an ‘on-call’ firm for wastewater engineering services durin g construction; and, authorize the City Manager or his designee to execute all necessary documents.

CC. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT 23P184 TO KIMLEY-HORN AND ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $649,179 FOR DESIGN SERVICES FOR THE DEMUTH PARK DEVELOPMENT PROJECT, CITY PROJECT NO. 21-16

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Professional Services Agreement 23P184 with Kimley-Horn and Associates, Inc. in an amount not to exceed $649,179 for design services for the Demuth Park enhancement project, City Project 21-16; and authorize the City Manager to execute all necessary documents.

DD. APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST OPERATING SERVICES, INC. IN THE AMOUNT OF $948,324.50 FOR BARISTO SEWER LINE REHABILITATION, CITY PROJECT 23-15

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize the City Engineer to issue a Notice to Proceed to Veolia Water West Operating Services, Inc. in an amount not to exceed $948,324.50 for the Baristo Sewer Line Rehabilitation, City Project 23-15; and authorize the City Manager to execute all necessary documents.

Item 1B - Page 9
City Council Minutes September 14, 2023

City of Palm Springs Page 10

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES EE. APPROVE INTERGOVERNMENTAL / COOPERATIVE SERVICE
AGREEMENT NO. 23G199 WITH THE UNITED STATES DEPARTMENT OF

AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE

WILDLIFE SERVICES FOR A WILDLIFE BIOLOGIST TO MINIMIZE AND

REDUCE THE THREATS OF WILDLIFE TO HUMAN HEALTH AND SAFETY

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5 -0, to approve Intergovernmental/Cooperative Service Agreement No. 23G199 with the United States Department of Agriculture Animal and Plant Health Inspection Service (APHIS) to provide a federally qualified Wildlife Service (WS) biologist to minimize and reduce the threats of wildlife to human health and safety in an amount not to exceed $434,017.71 for a five -year term beginning October 1, 2023, through July September 30, 2028; and authorize the City Manager or designee to execute all necessary documents.

EXCLUDED CONSENT CALENDAR:

U. APPROVE PROFESSIONAL SERVICE AGREEMENT NO. 23Q183 WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. FOR PALM SPRINGS PUBLIC LIBRARY RENOVAT ION PROJECTS 16 -08, MAIN LIBRARY RENOVATIONS, AND 19 -18, JC FREY BUILDING
REHABILITATION PHASE 1

MOTION BY MAYOR PRO TEM BERNSTEIN , SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to approve Professional Services Agreement No. 23Q183 with Group 4 Architect ure, Research + Planning, Inc. to provide architectural design services for an amount not to exceed $1,838,898 for Phase 1 of the project; and authorize the City Manager or designee to execute all necessary documents.

2. PUBLIC HEARINGS:

A. REQUEST BY THE CITY OF PALM SPRINGS FOR APPROVAL OF THE

ANNUAL UPDATE OF THE PALM SPRINGS ZONING AND MUNICIPAL
CODES (CASE 5.1466 ZTA)

MOTION BY COUNCILMEMBER HOLSTEGE , SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to 1) open the public hearing and receive public testimony; and, 2) introduce by title only and waive further reading of an Ordinance entitled, “AN

ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING VARIOUS SECTIONS IN TITLES 2, 5, 8, 9 AND 11 OF THE PALM SPRINGS

MUNICIPAL CODE AND VARIOUS SECTIONS OF THE PALM SPRINGS ZONING CODE (CHAPTERS 91 -94), AS PART OF AN ANNUAL TECHNICAL UPDATE TO THE CITY’S LAND USE AND DEVELOPMENT REGULATIONS (CASE 5.1466 ZTA).”

Item 1B - Page 10
City Council Minutes September 14, 2023

City of Palm Springs Page 11

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES B. A REQUEST BY THE CITY OF PALM SPRINGS FOR A PROPOSED AMENDMENT TO HISTORIC DISTRICT #1, “THE LAS PALMAS BUSINESS HISTORIC DISTRICT” (“LPBHD”) (CASE HSPB 30; HD-1)

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to open the public hearing and receive testimony and Close the public hearing and adopt Resolution No. 25141, entitled, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE LAS PALMAS BUSINESS HISTORIC DISTRICT (“LPBHD”) CASE HSPB 30 / HD-1 SUBJECT TO CONDITIONS.”

RECESS/RECONVENE: The City Council recessed at 7:43 p.m. and reconvened at 7:55 p.m., with all members present.

C. APPEAL OF CALIBLISS, LLC CONDITIONAL CANNABIS EXPIRATION, CANNABIS PERMIT NO. C-2019-096

Appeal of CaliBliss, LLC Conditional Cannabis Expiration, Cannabis Permit No. C-2019-096, was continued.

3. BUSINESS & LEGISLATIVE:

A. APPROVE A SECOND AMENDMENT TO THE LEASE WITH COACHELLA VALLEY ECONOMIC PARTNERSHIP FOR OFFICE SPACE AT 3111 EAST

TAHQUITZ CANYON WAY

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Amendment No. 2 for the lease with Coachella Valley Economic Partnership for space located at 3111 East Tahquitz Canyon Way, reducing the amount of space they lease and to allow rental credits for property management services (Agreement A6037); and authorize the City Manager to execute all necessary documents.

B. SECOND READING AND ADOPTION OF ORDINANCE NO. 2077 OF THE CITY OF PALM SPRINGS, CA LIFORNIA, ADDING CHAPTER 5.89 TO THE PALM

SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK VENDING AND AMENDING CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY MAYOR GARNER, CARRIED 4-1 (COUNCILMEMBER MIDDLETON VOTING NO), to waive the second reading of text in its entirety, ready by title only, and adopt Ordinance No. 2077, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CIT Y OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL

CODE, ESTABLISHING REGULATIONS ON SIDEWALK VENDING IN
COMPLIANCE WITH SENATE BILL 946, AND AN AMENDMENT TO CHAPTER

5.48 RELATIVE TO COMMERCIAL SOLICITATION.”

Item 1B - Page 11
City Council Minutes September 14, 2023

City of Palm Springs Page 12

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES PUBLIC COMMENT:

Zachary Daniel Stone, Jordan Norman, Juan Espinoza, Paul Ortega, and David Rios provided oral testimony. Councilmember s deHarte and Middleton, and Mayor Pro Tem Bernstein provided comments.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items.

ADJOURNMENT:

The City Council adjourned the meeting of Thursday, September 14, 2023 , at 8:54 p.m.

Respectfully submitted,

________________________________
Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL: 10/26/2023
Item 1B - Page 12
City of Palm Springs Page 1

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Tuesday, September 26, 2023
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 this meeting was conducted in part by teleconference.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Garner on Tuesday, September 26, 2023 , at 5:36 p.m.

PLEDGE OF ALLEGIANCE:

Lotus Aviña, elementary school student, led the Pledge of Allegiance.

ROLL CALL:

Present: Councilmembers Christy Holstege, Ron deHarte, and Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner.

Absent: None.

City Staff

Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, 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 as indicated in the minutes.

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
• Councilmember Middleton and City Manager Stiles provided an update on North Indian Canyon and Gene Autry Trail.
• Cannabis Industry Update Presentation by Director Goedhart and Assistant Director Clifford. • Southern California Edison Presentation by Government Relations Manager Massoud.

ACCEPTANCE OF THE AGENDA:

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item Nos. 1N, 1Q, and 1X.

Item 1B - Page 13

City Council Minutes September 26, 2023

City of Palm Springs Page 2

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

REPORT OF CLOSED SESSION:

The Regular and Special Closed Sessions of the City Council of September 26, 2023, was called to order by Mayor Garner at 4:00 p.m.

REGULAR CLOSED SESSION:

The Regular Closed Session of the City Council of September 26, 2023 , was called to order by Mayor Garner at 4:00 p.m.

The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda, with no reportable action:

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

Under existing facts and circumstances, there was one (1) matter.

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

Under existing facts and circumstances, there was one (1) matter.

CONFERENCE WITH LABOR NEGOTIATORS , Pursuant to Government Code Section 54957.6

City Negotiators: Scott Stiles, City Manager
Jeremy Hammond, Deputy City Manager
Stephanie George, Human Resources Director
Peter Brown, Legal Counsel

Employee organization: Palm Springs Police Officers Association (PSPOA) Palm Springs Police Management Association (PSPMA)
Public Employees Association of Palm Springs (PEAPS)
Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)
Unrepresented Employees

SPECIAL CLOSED SESSION:

CONFERENCE WITH LEGAL COUNSEL, Pursuant to Government Code Section 54956.9(d)(1)

Under existing facts and circumstances, there was one (1) matter.

Item 1B - Page 14

City Council Minutes September 26, 2023

City of Palm Springs Page 3

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

PUBLIC TESTIMONY:

Barbara Wasserkrug, Dean Levine, Ernest Ceceña, Nancy Gutierrez, Brad Anderson, Lilly Rocha, Liz Ostoich, Ellen Goodman, Steve Giboney, Lauren Wolfer, David Powell, and Orwell George provided oral testimony.

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER HOLSTEGE , SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve the consent calendar with removal of Item Nos. 1N, 1Q, and 1X for separate discussion.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5 -0, 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 onl y or hybrid teleconference meetings.

B. APPOINTMENTS TO THE HUMAN RIGHTS COMMISSION AND THE

TRAILS MANAGEMENT SUBCOMMITTEE, AND ACCEPTANCE OF A

RESIGNATION FROM THE HUMAN RIGHTS COMMISSION

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:

1. Appoint Bobby T. Rimas to the Human Rights Commission, effective immediately, to a term expiring on June 30, 2026.

2. Accept the resignation of Donna Shepherd from the Human Rights Commission effective immediately.

3. Appoint Rick Minjares, Engineering Associate, to the Coachella Valley Conservation Commission Trails Management Subcommittee.

C. APPROVAL OF WARRANTS, CLAIMS, AND DEMANDS

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5 -0, to a dopt Resolution No. 25142 , entitled, "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, Item 1B - Page 15

City Council Minutes September 26, 2023

City of Palm Springs Page 4

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 07 -08-23, 07 -22- 23,08-05-23 AND 08-19-23 TOTALING $9,558,129.81 AND ACCOUNTS PAYABLE WARRANTS DATED 07 -06-23, 07 -20-23, 08 -03-23 AND 08 -17-23 TOTALING $24,867,436.59, IN THE AGGREGATE AMOUNT OF $34,425,566.40, DRAWN ON BANK OF AMERICA.

D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JULY 1 THROUGH JULY 31, 2023, AND AUGUST 1 THROUGH AUGUST 31, 2023

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5 -0, to r eceive and file the report of Staff Authorized Agreements and Purchase Orders for the period of July 1 through July 31, 20 23, and August 1 through August 31, 2023.

E. APPROVAL OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY -OWNED REAL PROPERTY LOCATED AT 249
SOUTH INDIAN CANYON DRIVE (APN: 513 -154-004, CITY DOWNTOWN

BARISTO PARKING STRUCTURE)

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5 -0, to a uthorize the City Manager to execute a Grant of Easement to Southern California Edison Company for underground electrical supply systems and communications systems across a portion of the property identified by Assessor’s Parcel Number 513-154-004 located at the City’s Downtown Baristo Parking Structure at 249 S. Indian Canyon Drive.

F. APPROVE A PROFESSIONAL SERVICES AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO CAROLLO ENGINEERS INC. IN TH E AMOUNT OF $412,214 FOR THE WASTEWATER TREATMENT PLANT (WWTP) ODOR CONTROL IMPROVEMENTS, CITY PROJECT 23-16

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:

1. Authorize the City Manager to approve a professional services agreement in an amount not to exceed $412,214 with Carollo Engineers, Inc., for design services of odor control improvements.

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

Item 1B - Page 16

City Council Minutes September 26, 2023

City of Palm Springs Page 5

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

G. AUTHORIZE A TASK ORDER IN THE AMOUNT OF $75,716 TO ALBERT A.

WEBB ASSOCIATES PURSUANT TO ON -CALL AGREEMENT A8356 FOR

THE PALM CANYON DRIVE / INDIAN CANYON DRIVE / CAMINO
PAROCELA TRAFFIC ROUNDABOUT, CITY PROJECT NO. 20-03

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:

1. Authorize an increase in the amount of $75,716 to Purchase Order No. 20001072 for additional Civil Engineering Services with Albert A. Webb Associates for the Palm Canyon Drive / Indian Canyon Drive / Camino Parocela Traffic Roun dabout, City Project No. 20-03.

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

H. APPROVE SIX PURCHASE AND SALE OF PUBLIC ARTWORK

AGREEMENTS FOR THE PILLARS OF PALM SPRINGS PUBLIC ART

PROJECT ON THE EAST TAHQUITZ CANYON WAY MEDIAN ART PADS

BETWEEN SUNRISE WAY AND EL CIELO ROAD

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:

1. Approve six purchase and sale of public artwork agreements for the Pillars of Palm Springs Public Art Project by artists Roger Reutim ann (Creativity) in the amount of $47,000, Scott Froschauer (Equality) in the amount of $50,000, Anne Faith Nicholls (Serenity) in the amount of $44,000, Bernard Stanley Hoyes (Diversity) in the amount of $50,000, Jessup + Cooning (Civility) in the amount of

2. $50,000, and MIDABI (Community) in the amount of $50,000.

3. Authorize the City Manager to execute all necessary agreements to implement the Pillars of Palm Springs Public Art Project.

I. A REQUEST BY STEVE RAWLINGS, ON BEHALF OF PERRY’S PALM

SPRINGS, LLC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A NEW LIQUOR STORE, PERRY’S PALM SPRINGS, LLC, WITH A TYPE 20 LIQUOR LICENSE LOCATED AT 641 NORTH PALM CANYON DRIVE (APN: 505-302-006), ZONE PD 48, (CASE PCN-2023-0006)

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5 -0, to adopt Resolution No. 25143, 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 A TYPE 20 (OFF-SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR PERRY’S PALM SPRINGS, LLC, LOCATED AT 641 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NO. 446.06.”

Item 1B - Page 17

City Council Minutes September 26, 2023

City of Palm Springs Page 6

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

J. A REQUEST BY STEVE RAWLINGS, ON BEHALF OF APRO, LLC, FOR A

RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO
PERMIT A LIQUOR LICENSE WITHIN CENSUS TRACT 0445.24 TO ALLOW

THE SALE OF SPIRITS, WINE, AND BEER FOR OFF -SITE CONSUMPTION

AT AN EXISTING CONVENIENCE STORE/GAS STATION LOCATED AT 19995 NORTH INDIAN CANYON DRIVE (APN: 666-330-039), ZONE HC, (CASE PCN-2023-0005)

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5 -0, to adopt Resolution No. 25144 , 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 A TYPE 21 (OFF-SALE GENERAL)

ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE CONVENIENCE
STORE LOCATED AT 19995 NORTH INDIAN CANYON DRIVE WITHIN CENSUS TRACT NO. 0445.24.”

K. APPROVE THIRD AMENDMENT TO DISPOSITION AND DEVELOPMENT

AGREEMENT WITH COMMUNITY HOUSING OPPORTUNITIES
CORPORATION FOR THE MONARCH PROJECT LOCATED AT 3290 N
INDIAN CANYON DRIVE, A 60-UNIT AFFORDABLE HOUSING PROJECT IN

THE CITY OF PALM SPRINGS

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:

1. Approve a Third Amendment to the Disposition and Development Agreement with Monarch PS, LP to increase the loan amount by $2,200,000.

2. Authorize the City Manager to execute the Third Amendment to the Disposition and Development Agreement, and other necessary documents as needed.

L. APPROVE A TASK ORDER UNDER ON -CALL CONTRACT NO. A8874 FOR M. ARTHUR GENSLER JR. & ASSOCIATES, INC., IN THE AMOUNT OF $261,500 FOR FIRE STATION SPACE PLANNING

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5 -0, to authorize the City Manager to approve a task order under on-call Contract No. A8874 in an amount not to exceed $261,500 with M. Arthur Gensler Jr. & Associates, Inc., an ‘on-call’ firm, for architectural design services for Fire Station Space Planning; and authorize the City Manager or their designee to execute all necessary documents.

Item 1B - Page 18

City Council Minutes September 26, 2023

City of Palm Springs Page 7

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

M. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B206 WITH M.

BREY ELECTRIC, INCORPORATED DBA MBE CONSTRUCTION FOR ON -

CALL ELECTRICAL REPAIR AND INSTALLATION SERVICES FOR PALM

SPRINGS INTERNATIONAL AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:

1. Approve Contract Services Agreement 23B206 with M. Brey Electric, Incorporated dba MBE Construction to provide on -call electrical repair and installation services for the Palm Springs International Airport in an amount not to exceed $600,000 for the initial three-year term beginning October 1, 2023, through September 30, 2026, with two one-year extension options at the City’s sole discretion.

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

N. APPROVE A TWO -YEAR COOPERATIVE SUBSCRIPTION AGREEMENT WITH INSIGHT PUBLIC SAFETY, INC. FOR THE IMPLEMENTATION AND DEPLOYMENT OF 15 FLOCK SAFETY FIXED ALPR CAMERAS

This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

O. APPROVE AN EMERGENCY CON TRACT SERVICES AGREEMENT NO. 23E228 WITH UNIVERSAL PROTECTION SERVICE LP DBA ALLIED

UNIVERSAL SECURITY SERVICES FOR AVIATION WORKERS AND

INBOUND CARGO SCREENING FOR PALM SPRINGS INTERNATIONAL

AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:

1. Approve an emergency Contract Services Agreement No. 23E228 with Universal Protection Service, LP dba Allied Universal Security Services to provide aviation worker and inbound cargo screening at the Palm Springs International Airport in an amount not to exceed $267,074.08, for the initial one-year term beginning September 25, 2023, through September 24, 2024.

2. Appropriate $267,074.08 from Airport Fund 415 to Account 4157026.40105 budget.

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

Item 1B - Page 19

City Council Minutes September 26, 2023

City of Palm Springs Page 8

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

P. APPROVAL OF AMENDMENT NO. 3 TO CONTRACT SERVICES

AGREEMENT WITH WISE EDUCATION TECHNOLOGY DBA

OAKSTERDAM UNIVERSITY, A CALIFORNIA CORPORATION, TO

PROVIDE WORKFORCE AND BUSINESS DEVELOPMENT FOR THE

CANNABIS EQUITY PROGRAM

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5 -0, to approve Amendment No. 3 to Contract Services Agreement No. A9029 with Oaksterdam University to provide workforce and business development for the Cannabis Social Equity program to a maximum contract amount of $86,227.50; and authorize the City Manager to execute all necessary documents.

Q. ORDINANCE AMENDING CITY MUNICIPAL CODE TO EST ABLISH

PERMANENT LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES

This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

R. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A8993 WITH
IMPRENTA COMMUICAT IONS GROUP, INC., FOR ON -CALL SPANISH

LANGUAGE DIGITAL MARKETING SERVICES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve Amendment No. 2 to Agreement A8993 with Imprenta Communications Group, Inc., to provide on -call Spanish language digital marketing services in an additional amount of $20,000 for a total revised contract amount not to exceed $95,000, and extend the term through December 31, 2023 ; and authorize the City Manager or designee to execute all necessary documents.

S. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B166 WITH
LILYPAD EV LLC FOR THE PURCHASE AND DELIVERY OF 80 ELECTRIC

VEHICLE CHARGING STATIONS FOR PALM SPRINGS INTERNATIONAL

AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:

1. Approve Contract Services Agreement No. 23B166 with LilyPad EV LLC to provide the purchase and delivery of 80 electric vehicle charging stations, warranty, and 5 - years of operation and maintenance services at the Palm Springs International Airport in an amount not to exceed $499,102.92 for the initial five -year term beginning September 26, 2023 through September 25, 2028, with one five-year extension option at the City’s sole discretion.

2. Appropriate $199,102.92 from the Airport Special Capital Projects Fund Balance for this purchase.

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

Item 1B - Page 20

City Council Minutes September 26, 2023

City of Palm Springs Page 9

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

T. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B205 WITH
MCCLOSKEY MECHANICAL CON TRACTORS, INC. FOR ON -CALL

HEATING, VENTILATION AND AIR CONDITIONING MAINTENANCE

REPAIR SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5 -0, to approve Contract Services Agreemen t 23B205 with McCloskey Mechanical Contractors, Inc. to provide on -call HVAC maintenance repair services for the Palm Springs International Airport in an amount not to exceed $900,000 for the initial three -year term beginning October 1, 2023 , through September 30, 2026, with two one-year extension options at the City’s sole discretion; and authorize the City Manager or designee to execute all necessary documents.

U. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B204 WITH RED HAWK SERVICES, INC. FOR ON-CALL FENCE REPAIR AND

INSTALLATION SERVICES FOR THE PALM SPRINGS INTERNATIONAL

AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5 -0, to approve Contract Services Agreement 23B204 with Red Hawk Services, Inc. to provide on-call fence repair and installation services for the Palm Springs International Airport in an amount not to exceed $600,000 for the initial three-year term beginning October 1, 2023, through September 30, 2026, with two one - year extension options at the City’s sole discretion ; and authorize the City Manager or his designee to execute all necessary documents.

V. APPROVE THE DONATION OF A 2010 MIGHTY MOVER TRAILER, EQUIPMENT NO. 2T9210, TO THE INDIO POLICE DEPARTMENT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5 -0, to waive the surplus equipment bid and auction requirements of Section 7.07.020 (3) of the Municipal Code and approve the donation of the surplus 2010 Mighty Mover trailer to the Indio Police Department; and authorize the City Manager to execute all necessary documents

W. ADOPT A RESOLUTION IDENTIFYING PALM SPRINGS, CALIFORNIA, AS A PARTNER WITH THE GOVERNOR’S OFFICE OF EMERGENCY

SERVICES IN THE QUAKE SAFE CITY PROGRAM

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5 -0, to a dopt Resolution No. 25145 , entitled, "A

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

CALIFORNIA, TO PARTICIPATE IN THE CALIFORNIA QUAKE SAFE CITY PROGRAM"

Item 1B - Page 21

City Council Minutes September 26, 2023

City of Palm Springs Page 10

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

X. UPDATE ON SISTER CITY PROGRAM RECOMMENDATION:

This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

Y. AUTHORIZE ISSUANCE OF A LETTER TO GOVERNOR GAVIN NEWSOM

REGARDING THE URGENT NEED FOR FUNDING FOLLOWING TROPICAL

STORM HILARY

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to authorize the issuance of a letter to Governor Gavin Newsom regarding the urgent need for funding, following Tropical Storm Hilary.

EXCLUDED CONSENT CALENDAR:

N. APPROVE A TWO-YEAR COOPERATIVE SUBSCRIPTION AGREEMENT WITH INSIGHT PUBLIC SAFETY, INC. FOR THE IMPLEMENTATION AND DEPLOYMENT OF 15 FLOCK SAFETY FIXED ALPR CAMERAS

MOTION BY MAYOR GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to continue Item No. 1N to the next Regular City Council meeting of October 12, 2023.

Q. ORDINANCE AMENDING CITY MUNICIPAL CODE TO ESTABLISH

PERMANENT LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 3-2 (MAYOR GARNER AND MAYOR PRO TEM
BERNSTEIN VOTING NO) , to waive the reading of the ordinance text in its entirety and read by title only ; and, introduce on first reading Ordinance No. 2084 , entitled, "

AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL CODE, REGARDING LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES” as amended.

X. UPDATE ON SISTER CITY PROGRAM

Al Jones, Board President, provided an update on the Sister City Program.

Item 1B - Page 22

City Council Minutes September 26, 2023

City of Palm Springs Page 11

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

2. PUBLIC HEARINGS:

A. A REQUEST BY CITY OF PALM SPRINGS FOR A GENERAL PLAN

AMENDMENT TO ADOPT ITS SIXTH CYCLE HOUSING ELEMENT AND

APPROVE THE ASSOCIATED EIR ADDENDUM

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to open the public hearing and receive public testimony ; and adopt Resolution No. 25146, entitled, “A RESOLUTION OF THE CITY COUNCIL

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

TO THE PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT TO THE 2007 GENERAL PLAN FOR AN AMENDMENT TO THE HOUSING
ELEMENT AND ADOPTING THE 2021-2029 HOUSING ELEMENT UPDATE.”

RECESS/RECONVENE:

The City Council recessed at 8: 40 p.m. and reconvened at 8: 52 p.m., with Mayor Grace Garner absent.

Mayor Pro Tem Jeffrey Bernstei n and Councilmembers Christy Holstege, Ron deHarte, and Lisa Middleton were present.

3. BUSINESS & LEGISLATIVE:

A. APPROVE CONTRACT SERVICES AGREEMENT WITH MARTHA’S

VILLAGE AND KITCHEN FOR OPERATIONS OF THE PALM SPRINGS
ACCESS CENTER LOCATED AT 225 EL CIELO ROAD, AND THE EARLY ENTRY FACILITY AND NAVIGATION CENTER LOCATED AT 3589

MCCARTHY ROAD

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER DEHARTE, CARRIED 4-0, to:

1. Approve Contract Services Agreement with Martha’s Village and Kitchen for operations of the Palm Springs Access Center located at 225 El Cielo Road, and the Early Entry Facility and Navigation Center located at 3589 McCarthy Road.

2. Appropriate General Funds in the amount of $5,250,000 per year for four years, beginning in Fiscal Year 2025, for ongoing operations of the Access Center, Early Entry Facility, and Navigation Center.

3. Authorize the City Manager or Designee to execute all necessary documents, including making minor, non -substantive changes, and to sign all documents necessary.

Item 1B - Page 23

City Council Minutes September 26, 2023

City of Palm Springs Page 12

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

B. APPROVE RENTAL ASSISTANCE PROGRAM TO ASSIST RESIDENTS

WITH OVERCOMING BARRIERS TO HOUSING

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-0, to:

1. Approve the Tenant Based Rental Assistance (TBRA) program and provide direction to staff as appropriate.

2. Approve using $1,000,000 (one million dollars) in Housing Set Aside funds for the TBRA Program.

C. DISCUSSION REGARDING THE CONTINUATION OF THE PARKLET

PROGRAM

Consensus was reached to continue the Parklet Program item.

PUBLIC COMMENT:

Zachary Daniel Stone and Richmond Curtis provided oral testimony.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Councilmembers deHarte, Middleton, Holstege; and Mayor Pro Tem Bernstein provided comments.

ADJOURNMENT:

The City Council adjourned the meeting of Tuesday, September 26, 2023 , at 10:30 p.m.

Respectfully submitted,

_______________________________
Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL: 10/26/2023
Item 1B - Page 24

CITY COUNCIL STAFF REPORT
10/26/2023
SUBJECT:

ACCEPT RESIGNATIONS FROM VARIOUS BOARDS AND COMMISSIONS RECOMMENDATION:

Accept the resignation of Jerry Alcorn from the Parks and Recreation Commission effective immediately.

1. Accept the resignation of Dean Grubl from the Sustainability Commission effective immediately.

2. Attachments
Item 1C

CITY COUNCIL STAFF REPORT

DATE: October 26, 2023 CONSENT CALENDAR

SUBJECT: ACCEPT RESIGNATIONS FROM VARIOUS BOARDS AND COMMISSIONS

FROM: Scott C. Stiles, City Manager

BY: Brenda Pree, City Clerk

RECOMMENDATION:

1. Accept the resignation of Jerry Alcorn from the Parks and Recreation Commission effective immediately.

2. Accept the resignation of Dean Grubl from the Sustainability Commission effective immediately.

BACKGROUND:

The City Council appointed Mayor Garner and Mayor Pro Tem Bernstein to an Ad Hoc Subcommittee to screen applications and conduct interviews to fill vacancies on various Boards and Commissions. The Subcommittee’s recommendations are provided as noted above.

At this time, all Boards and Commissions seats have been filled, with the exception of two (2) alternate vacancies within the Administrative Appeals Board. The above resignations initiated the following vacancies:

I. One (1) vacancy on the Parks and Recreation Commission II. One (1) vacancy on the Sustainability Commission

The next open recruitment is scheduled between March 2024 through April 2024.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Brenda Pree
City Manager: Scott Stiles

Item 1C - Page 1
City Council Staff Report
October 26, 2023 -- Page 2
Resignations from Various Boards and Commissions

ATTACHMENTS:

A. Jerry Alcorn’s Email Resignation
B. Dean Grubl’s Email Resignation

Item 1C - Page 2

ATTACHMENT A

Item 1C - Page 3
From: Brenda Pree
To: Cassandra Edney; Brent Rasi; Evelyn Beltran
Subject: FW: Letter of resignation from parks and recreation commission Date: Wednesday, October 11, 2023 10:35:30 AM
FYI to be filed as official notice.
-----Original Message-----
From: Yvonne Wise <[email protected]>
Sent: Thursday, October 5, 2023 6:20 PM
To: Jerry Alcorn <[email protected]>
Cc: Scott Stiles <[email protected]>; Teresa Gallavan <[email protected]>; Grace Garner <[email protected]>
Subject: RE: Letter of resignation from parks and recreation commission Dear Chair Alcorn:

It is with a heavy heart that we receive this correspondence and your formal resignation as Chair of the Parks & Recreation Commission. The City and our recreational programs are better because of the hard work that you have done over the past years, and we cannot thank you enough for your steadfast commitment to Palm Springs.

As you
noted below, while we have made many great strides, there is still much to do to advance our parks and recreational facilities for the community. We will continue to work hard to achieve the vision that we all want to see realized.

Again, I am sorry to see you step down from this role, and cannot thank you enough for your leadership and tireless work.

Wishing you the very best,
Yvonne Wise
Director, Parks & Recreation
City of Palm Springs
401 S. Pavilion Way, Palm Springs, CA 92262
t: 760.323.8277

| email:

[email protected] The City of Palm Springs is hiring! Apply Here. -----Original Message-----
From: Jerry Alcorn <[email protected]>
Sent: Thursday, October 5, 2023 1:12 PM
To: Janice Lopez <[email protected]>; Yvonne Wise <[email protected]>; Michael Finland <[email protected]>; Susan Meyer <[email protected]>; John Miraglia <[email protected]>; Janet Burns <[email protected]>; Johnny Coladonato <[email protected]>; Scott Stiles <[email protected]>; Grace Garner <[email protected]>; Rosa Romo <[email protected]>; Teresa Gallavan <[email protected]>; Jody Diaz <[email protected]>; Chris Spellman <[email protected]>; Janice Lopez <[email protected]>; Chris Spellman <[email protected]>
Subject: Re: Letter of resignation from parks and recreation commission NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Alcorn Adaptive Bike And Mobility Shop
Item 1C - Page 4
Dear Commission,
With Heavy heart im writing this letter of resignation to the whole commission and to the city of Palm Springs Staff with my current health status that I have been working to get better for the last 3 years and now coming to a major surgery in the near future of my lower extremities. I have to focus on my health and well being, I have served this board Proudly for over 5 years and we have accomplished ALOT in that time but with my health and now my Buisness growing in such a way there is not enough time for me to dedicate to the commission like I should.

Unfortunately over the last few years the way the commission has been run has truly helped me make may decision easier there is no longer a Pre-meeting from staff asking the commission what we want to go onto the agenda, for parks and recreation that really has bothered me as well as the lack of inclusion and open minded progressive thinking to bring new inclusive programs to the city every time they are suggested they get SHOT DOWN, such as Disc Golf. There was a huge tournament held in La Quinta that brought out over 25,000 people to the area staying multiple nights in there hotels visiting there restaurants and helping with the local influx of revenue. Once again they were open minded accepted the #2 largest growing recreation activity in the country and now flourish from it.

Also as you know im am an AVID ADA Advocate for our city we have playground equipment gong into multiple parks and when asked the supplier where is the added ADA equipment for the kids he smirked and said kids in wheelchairs can roll up to the stairs then pull them selfs onto the equipment that’s not cool at all and im personally appalled because of it...and yes the new equipment will be bright and colorful but not for EVERYBODY once again lack of inclusion. Secondly we just put BRAND NEW play ground flooring around the equipment and now not ever a year later its all being ripped up for the new equipment and will have a different color and style where is the forethought once again its a waste of time and money.

Im also having issues with the lack of help we are getting from staff regarding the angry or upset citizens regarding issues with different facilities I have gotten berated with e- mails phone calls on my Buisness number regarding issues that are out of our control from the swim center to the lack of available ball fields and I truly feel there frustrations but even explaining the reasons for the issues in depth and even having presentations on them, I still getting berated with e- mails and phone calls and as a commissioner or even president its hard on me to hear such things and have 0 say in the matter.

My personal feeling is over the last few years in the commission we have become the beating post for the citizens instead of the city staff that get paid for it we took on the swim center issues and had multiple meetings people still not happy Took on the dog park people still upset over things, took own the ball fields people still not happy took on the Playground

equipment issue that have been closed for almost 9 months to a year and citizens are up set and not happy I under stand the equipment has a certain life span but it still works WHY CLOSE A WHOLE PLAYGROUND for so long when the new equipment is not ready. Its hard on the kids and families who rely on those playgrounds to be open and they still work.....but hey we got cute signs saying closed LOL we are still in the process of ordering the equipment makes no sense again and this is another point on the people who are in charge do not TRULY UNDERSTAND LIVING IN PALM SPRINGS and being apart of the community.

How about our SOCCER players having to use any park they can when they can because they don’t have ANY type of soccer park or designated place to play. Its because there the minority and do not have a voice it continually gets over looked by our inclusive city, its just heartbreaking to me as the city still runs in the old school way it ALWAYS HAS its not what’s best for ALL its who you know and the position there in that gets stuff done and I no longer want to be apart of it. I know I keep getting told its politics and government that’s how it is but TRUTHFULLY ITS NOT.

With much respect former Parks and Recreation Chairman Jerry Alcorn “Making a difference in the community one person at a time, not just for show” Item 1C - Page 5

ATTACHMENT B

Item 1C - Page 6
From: Lindsey-Paige McCloy
To: Dean Grubl
Cc: City Clerk
Subject: RE: Resigning from the Commission
Date: Thursday, October 5, 2023 2:22:33 PM
Thanks, Dean! Very glad we had a chance to briefly work together on the commission and I’m looking forward to collaborating with you in your new role.

Cc’ing Clerk’s Office for any next steps here.

Thanks!
LP
Lindsey-Paige (LP) McCloy, Director
City of Palm Springs,
Office of Sustainability
e: [email protected]
From: Dean Grubl <[email protected]>
Sent: Wednesday, October 4, 2023 9:11 AM
To: Lindsey-Paige McCloy <[email protected]> Subject: Resigning from the Commission
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Good morning LP!
It was a pleasure to talk with you this morning. As I mentioned, I will have to resign from the Commission since I have accepted a position with the City of Palm Springs in the Economic Department. I will start my new position on October 23rd.

Let me know if you need anything at this time.

Wishing you all the best,
Dean
Dean L. Grubl
782 Summit Drive
Palm Springs, CA 92262
[email protected]
530-536-8991
Item 1C - Page 7

CITY COUNCIL STAFF REPORT
10/26/2023
SUBJECT:

AUTHORIZE ISSUANCE OF LETTERS IN SUPPORT OF ASSEMBLY
CONSTITUTIONAL AMENDMENT NO. 1 (ACA 1) AND ASSEMBLY
CONSTITUTIONAL AMENDMENT NO. 13 (ACA 13)
RECOMMENDATION:

Authorize issuance of two (2) letters in support of 1) Assembly Constitutional Amendment No. 1 (ACA 1) and 2) Assembly Constitutional Amendment No. 13 (ACA 13).

Attachments
Item 1D

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 26, 2023 CONSENT CALENDAR

SUBJECT: AUTHORIZE ISSUANCE OF LETTER S IN SUPPORT OF ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 1 (ACA 1) AND ASSEMBLY
CONSTITUTIONAL AMENDMENT NO. 13 (ACA 13)

FROM: Scott C. Stiles, City Manager

BY: Brenda Pree, City Clerk

RECOMMENDATION:

Authorize issuance of two (2) letters in support of 1) Assembly Constitutional Amendment No. 1 (ACA 1) and 2) Assembly Constitutional Amendment No. 13 (ACA 13).

BACKGROUND:

At the request of Councilmember Middleton, the City Council is requested to consider whether to issue letters of support for the following Assembly Constitutional Amendments:

1. Assembly Constitutional Amendment No. 1 (ACA 1 ) (Aguiar-Curry D): Local Government Financing: affordable housing and public infrastructure: voter approval; and,

2. Assembly Constitutional Amendment No. 13 ( ACA 13 ) (Ward D): Voting Thresholds.

ACA 1:

The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, including downpayment assistance, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, city and county, or special district, as applicable, and the proposition includes specified accountability requirements. The measure would prohibit a city, county, Item 1D - Page 1
City Council Staff Report
October 26, 2023 – Page 2
Authorize Issuance of Letters in Support of Assembly Constitutional Amendment No. 1 (ACA 1) and Assembly Constitutional Amendment No. 13 (ACA 13)

city and county, or special district from placing a proposition on the ballot pursuant to these provisions if the voters have previously approved a proposition pursuant to these provisions or the below special tax provisions until all funds from the previous proposition are committed to programs and projects listed in the specific local program or ordinance, as described. The measure, subject to certain vote thresholds, would authorize the Legislature to enact laws establishing additional accountability measures and laws for the downpayment assistance programs authorized by the measure, as specified.

ACA 1 aligns with the City’s general principles by supporting home rule authority and allowing the City greater control of its financial decisions.

ACA 13:

The California Constitution provides that a proposed constitutional amendment and a statewide initiative measure each take effect only if approved by a majority of the votes cast on the amendment or measure. This measure would further provide that an initiative measure that includes one or more provisions that would amend the Constitution to increase the voter approval requirement to adopt any state or local measure would be approved by the voters only if the proportion of votes cast in favor of the initiative measure is equal to or greater than the highest voter approval requirement that the initiative measure would impose. The measure would specify that this voter approval requirement would apply to statewide initiative measures that appear on the ballot on or after January 1, 2024.

ACA 13 is a good government, fair proposal that protects the principles of democracy and majority rule.

FISCAL IMPACT
:

There is no fiscal impact as the result of issuing this letter.

REVIEWED BY:

Department Director: Brenda Pree
City Manager: Scott Stiles

ATTACHMENTS:

A. ACA 1 Letter of Support
B. ACA 13 Letter of Support
C. ACA 1 Text
D. ACA 13 Text

Item 1D - Page 2
ATT

ACHMENT A
ACA 1 Letter of Support
Item 1D - Page 3

City o f Palm Springs
Office of the City Council
Mayor Grace Garner • Mayor Pro Tem Jeffrey Bernstein
Ron deHarte • Christy Holstege • Lisa Middleton
3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 Tel: 760.323.8200 • Fax: 760.323.8207 • TDD 760.864.9527 • www.palmspringsca.gov

Post Office Box 27 43 • Palm Springs, California 9 2263-27 43 October 13, 2023

The Honorable Kelly Seyarto The Honorable Greg Wallis California State Senate California State Assembly
1021 O Street, Suite 7120 1021 O Street, Suite 4330
Sacramento, CA 95814 Sacramento, CA 95814

RE: ACA 1 (Aguiar-Curry): Local Government Financing: Affordable Housing and Public Infrastructure: Voter Approval.

City of Palm Springs – Letter of Support

Dear Senator Seyarto and Assembly Member Wallis,

On behalf of the City of Palm Springs , I write to express our support of Assembly Constitutional Amendment 1 (ACA 1), which lowers the necessary voter threshold from a two- thirds supermajority to 55 percent to approve local general obligation (GO) bonds and special taxes for affordable housing and public infrastructure projects.

Local revenue measures have been placed before voters concerning city, county, school, or special district taxes or bonds. Majority vote tax measures have proven to be much more likely to pass, while just half of the two-thirds vote measures succeeded. School bonds with 55 percent have been the most successful, with four out of every five passing. In contrast, just half of the two-thirds vote measures succeeded. A 55 percent voter threshold for special taxes would have made a dramatic difference. Nearly 80 percent of all two-thirds supermajority measures garnered more than 55 percent of “yes” votes.

ACA 1 provides local governments with a critical tool for infrastructure financing and will create parity between school distri cts and cities, counties, and special districts so that all local governments have a viable financing tool to address community needs.

The proposed measure also aligns with the City’s general principles by supporting home rule authority and allowing the City greater control of its financial decisions.

For these reasons, the City of Palm Springs supports ACA 1.

Sincerely,

Grace Elena Garner
Mayor
City of Palm Springs

cc: Governor of California, Gavin Newsom
Item 1D - Page 4

ATTACHMENT B
ACA 13 Letter of Support
Item 1D - Page 5

The Honorable Kelly Seyarto The Honorable Greg Wallis California State Senate California State Assembly
1021 O Street, Suite 7120 1021 O Street, Suite 4330
Sacramento, CA 95814 Sacramento, CA

RE: A CA 13 (Ward) Protect and Retain the Majority Vote Act City of Palm Springs – Letter of Support

Dear Senator Seyarto and Assembly Member Wallis,

On behalf of the City of Palm Springs , I write to express our support of Assembly Constitutional Amendment 13 (ACA 13). ACA 13 requires any constitutional amendment proposed by initiative, which increases a vote requirement for future measures, to be approved by the same proportion of votes cast as the measure would require. The measure would also preserve the right of cities to place advisory questions on the ballot to ask voters their opinions on issues.

Under current law, a simple majority of voters (50% plus 1 vote) may vote to require a super majority (for example, 66 and 2/3%) voter approval for future action. This framework has given disproportionate power to a small number of voters, with a little more than 1/3 of the voters being able to prevent the enactment of laws that a majority of voters agree upon.

This framework has made it unnecessarily difficult to pass revenue measures dedicated to critical services such as homelessness and housing, fire, public safety, and roads. For example, from 2001-2018, city revenue measures with a 2/3 vote requirement have enjoyed only a 51% passage rate, compared to a 70% passage rate of all local revenue measures over the same period of time. The status quo has prevented cities from providing desperately needed services.

Furthermore, this measure protects a useful tool in determining voter sentiment regarding the use and purpose of tax revenues. A ballot measure qualified for the November 2024 ballot seeks to prohibit the advisory measures from being placed on the same ballot as a local tax initiative. This works to decrease transparency about how the electorate feels funds should be used for.

ACA 13 addresses this issue by simply requiring any initiative that enhances a voter requirement to pass by that same voter requirement. ACA 13 is a good government, fair proposal that protects the principles of democracy and majority rule.

For these reasons, the City of Palm Springs supports ACA 13.

Sincerely,

Grace Elena Garner
Mayor
City of Palm Springs

cc: Governor of California, Gavin Newsom
Item 1D - Page 6

ATTACHMENT C
ACA 1 Text
Item 1D - Page 7
california legislature—2021–22 regular session
Assembly Constitutional Amendment No. 1
Introduced by Assembly Members Aguiar-Curry, Lorena Gonzalez, and Chiu
(Principal coauthor: Senator Wiener)
(Coauthors: Assembly Members Berman, Burke, Kalra, Levine, Quirk, Robert Rivas, Blanca Rubio, Stone, Ting, Weber, and Wicks)
December 7, 2020
Assembly Constitutional Amendment No. 1—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 1 and 4 of Article XIII A thereof, by amending Section 2 of, and by adding Section 2.5 to, Article XIII C thereof, by amending Section 3 of Article XIII D thereof, and by amending Section 18 of Article XVI thereof, relating to local finance. legislative counsel’s digest
ACA 1, as introduced,
Aguiar-Curry. Local government financing:
affordable housing and public infrastructure: voter approval. (1) The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions.

This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters

99 Item 1D - Page 8
of the city, county, or city and county, as applicable, and the proposition includes specified accountability requirements. The measure would specify that these provisions apply to any city, county, city and county, or special district measure imposing an ad valorem tax to pay the interest and redemption charges on bonded indebtedness for these purposes that is submitted at the same election as this measure.
(2) The California Constitution conditions the imposition of a special tax by a local government upon the approval of 2⁄3 of the voters of the local government voting on that tax, and prohibits these entities from imposing an ad valorem tax on real property or a transactions or sales tax on the sale of real property.

This measure would authorize a local government to impose, extend, or increase a sales and use tax or transactions and use tax imposed in accordance with specified law or a parcel tax, as defined, for the purposes of funding the construction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing if the proposition proposing that tax is approved by 55% of its voters voting on the proposition and the proposition includes specified accountability requirements. This measure would also make conforming changes to related provisions. The measure would specify that these provisions apply to any local measure imposing, extending, or increasing a sales and use tax, transactions and use tax, or parcel tax for these purposes that is submitted at the same election as this measure. (3)
The California Constitution prohibits specified local government agencies from incurring any indebtedness exceeding in any year the income and revenue provided in that year, without the assent of 2⁄3 of the voters and subject to other conditions. In the case of a school district, community college district, or county office of education, the California Constitution permits a proposition for the incurrence of indebtedness in the form of general obligation bonds for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, to be adopted upon the approval of 55% of the voters of the district or county, as appropriate, voting on the proposition at an election.

This measure would expressly prohibit a special district, other than a board of education or school district, from incurring any indebtedness or liability exceeding any applicable statutory limit, as prescribed by the statutes governing the special district. The measure would also similarly require the approval of 55% of the voters of the city, county, 99 —
2 — ACA 1

Item 1D - Page 9
city and county, or special district, as applicable, to incur bonded indebtedness, exceeding in any year the income and revenue provided in that year, that is in the form of general obligation bonds issued to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing projects, if the proposition proposing that bond includes specified accountability requirements. The measure would specify that this 55% threshold applies to any proposition for the incurrence of indebtedness by a city, county, city and county, or special district for these purposes that is submitted at the same election as this measure.

V ote: 2⁄3.

Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
line 1 Resolved by the Assembly, the Senate concurring, That the line 2 Legislature of the State of California at its 2021–22 Regular line 3 Session commencing on the seventh day of December 2020, line 4 two-thirds of the membership of each house concurring, hereby line 5 proposes to the people of the State of California, that the line 6 Constitution of the State be amended as follows:
line 7 First— That Section 1 of Article XIII A thereof is amended to line 8 read:
line 9 SECTION 1. (a)  The maximum amount of any ad valorem line 10 tax on real property shall not exceed One 1 percent (1%) of the line 11 full cash value of such that property. The one percent (1%) tax to line 12 1 percent tax shall be collected by the counties and apportioned line 13 according to law to the districts within the counties. line 14 (b)  The limitation provided for in subdivision (a) shall not apply line 15 to ad valorem taxes or special assessments to pay the interest and line 16 redemption charges on any of the following:
line 17 (1)   Indebtedness approved by the voters prior to before July 1, line 18 1978.
line 19 (2)   Bonded indebtedness for to fund the acquisition or line 20 improvement of real property approved on or after July 1, 1978, line 21 by two-thirds of the votes cast by the voters voting on the line 22 proposition.
line 23 (3)   Bonded indebtedness incurred by a school district, line 24 community college district, or county office of education for the line 25 construction, reconstruction, rehabilitation, or replacement of line 26 school facilities, including the furnishing and equipping of school line 27 facilities, or the acquisition or lease of real property for school 99 ACA 1 — 3 —

Item 1D - Page 10
line 1 facilities, approved by 55 percent of the voters of the district or line 2 county, as appropriate, voting on the proposition on or after the line 3 ef fective date of the measure adding this paragraph. November 8, line 4 2000. This paragraph shall apply only if the proposition approved line 5 by the voters and resulting in the bonded indebtedness includes line 6 all of the following accountability requirements:
line 7 (A)   A requirement that the proceeds from the sale of the bonds line 8 be used only for the purposes specified in Article XIII A, Section line 9 1(b)(3), this paragraph, and not for any other purpose, including line 10 teacher and administrator salaries and other school operating line 11 expenses.
line 12 (B)  A list of the specific school facilities projects to be funded line 13 and certification that the school district board, community college line 14 board, or county office of education has evaluated safety, class line 15 size reduction, and information technology needs in developing line 16 that list.
line 17 (C)  A requirement that the school district board, community line 18 college board, or county office of education conduct an annual, line 19 independent performance audit to ensure that the funds have been line 20 expended only on the specific projects listed.
line 21 (D)   A requirement that the school district board, community line 22 college board, or county office of education conduct an annual, line 23 independent financial audit of the proceeds from the sale of the line 24 bonds until all of those proceeds have been expended for the school line 25 facilities projects.
line 26 (4)  (A)  Bonded indebtedness incurred by a city, county, city line 27 and county, or special district for the construction, reconstruction, line 28 rehabilitation, or replacement of public infrastructure, affordable line 29 housing, or permanent supportive housing for persons at risk of line 30 chronic homelessness, including persons with mental illness, or line 31 the acquisition or lease of real property for public infrastructure, line 32 affordable housing, or permanent supportive housing for persons line 33 at risk of chronic homelessness, including persons with mental line 34 illness, approved by 55 percent of the voters of the city, county, line 35 city and county, or special district, as appropriate, voting on the line 36 proposition on or after the effective date of the measure adding line 37 this paragraph. This paragraph shall apply only if the proposition line 38 approved by the voters and resulting in the bonded indebtedness line 39 includes all of the following accountability requirements:
99 — 4 — ACA 1

Item 1D - Page 11
line 1 (i)  A requirement that the proceeds from the sale of the bonds line 2 be used only for the purposes specified in this paragraph, and not line 3 for any other purpose, including city, county, city and county, or line 4 special district employee salaries and other operating expenses. line 5 (ii)  A list of the specific projects to be funded, and a certification line 6 that the city, county, city and county, or special district has line 7 evaluated alternative funding sources.
line 8 (iii)  A requirement that the city, county, city and county, or line 9 special district conduct an annual, independent performance audit line 10 to ensure that the funds have been expended only on the specific line 11 projects listed.
line 12 (iv)  A requirement that the city, county, city and county, or line 13 special district conduct an annual, independent financial audit of line 14 the proceeds from the sale of the bonds until all of those proceeds line 15 have been expended for the public infrastructure or affordable line 16 housing projects, as applicable.
line 17 (v)  A requirement that the city, county, city and county, or line 18 special district post the audits required by clauses (iii) and (iv) in line 19 a manner that is easily accessible to the public. line 20 (vi)  A requirement that the city, county, city and county, or line 21 special district appoint a citizens’ oversight committee to ensure line 22 that bond proceeds are expended only for the purposes described line 23 in the measure approved by the voters.
line 24 (B)  For purposes of this paragraph:
line 25 (i)  “Affordable housing” shall include housing developments, line 26 or portions of housing developments, that provide workforce line 27 housing affordable to households earning up to 150 percent of line 28 countywide median income, and housing developments, or portions line 29 of housing developments, that provide housing affordable to lower, line 30 low-, or very low income households, as those terms are defined line 31 in state law.
line 32 (ii)  “At risk of chronic homelessness” includes, but is not limited line 33 to, persons who are at high risk of long-term or intermittent line 34 homelessness, including persons with mental illness exiting line 35 institutionalized settings, including, but not limited to, jail and line 36 mental health facilities, who were homeless prior to admission, line 37 transition age youth experiencing homelessness or with significant line 38 barriers to housing stability, and others, as defined in program line 39 guidelines.
99 ACA 1 — 5 —

Item 1D - Page 12
line 1 (iii)  “Permanent supportive housing” means housing with no line 2 limit on length of stay, that is occupied by the target population, line 3 and that is linked to onsite or offsite services that assist residents line 4 in retaining the housing, improving their health status, and line 5 maximizing their ability to live and, when possible, work in the line 6 community. “Permanent supportive housing” includes associated line 7 facilities, if those facilities are used to provide services to housing line 8 residents.
line 9 (iv)  “Public infrastructure” shall include, but is not limited to, line 10 projects that provide any of the following:
line 11 (I)  Water or protect water quality.
line 12 (II)  Sanitary sewer.
line 13 (III)  Treatment of wastewater or reduction of pollution from line 14 stormwater runoff.
line 15 (IV)  Protection of property from impacts of sea level rise. line 16 (V)  Parks and recreation facilities.
line 17 (VI)  Open space.
line 18 (VII)  Improvements to transit and streets and highways. line 19 (VIII)  Flood control.
line 20 (IX)  Broadband internet access service expansion in line 21 underserved areas.
line 22 (X)  Local hospital construction.
line 23 (XI)  Public safety buildings or facilities, equipment related to line 24 fire suppression, emergency response equipment, or interoperable line 25 communications equipment for direct and exclusive use by fire, line 26 emergency response, policy or sheriff personnel. line 27 (XII)  Public library facilities.
line 28 (v)  “Special district” has the same meaning as provided in line 29 subdivision (c) of Section 1 of Article XIII C and specifically line 30 includes a transit district, except that “special district” does not line 31 include a school district, redevelopment agency, or successor line 32 agency to a dissolved redevelopment agency.
line 33 (C)  This paragraph shall apply to any city, county, city and line 34 county, or special district measure imposing an ad valorem tax to line 35 pay the interest and redemption charges on bonded indebtedness line 36 for those purposes described in this paragraph that is submitted line 37 at the same election as the measure adding this paragraph. line 38 (c)  (1)  Notwithstanding any other provisions of law or of this line 39 Constitution, a school districts, district, community college line 40 districts, and district, or county offices office of education may 99 — 6 — ACA 1

Item 1D - Page 13
line 1 levy a 55 percent 55-percent vote ad valorem tax pursuant to line 2 paragraph (3) of subdivision (b).
line 3 (2)  Notwithstanding any other provisions of law or this line 4 Constitution, a city, county, city and county, or special district line 5 may levy a 55-percent vote ad valorem tax pursuant to paragraph line 6 (4) of subdivision (b).
line 7 Second— That Section 4 of Article XIII A thereof is amended line 8 to read:
line 9 Section 4. Cities, Counties and special districts, line 10 SEC. 4. Except as provided by Section 2.5 of Article XIII C, a line 11 city, county, or special district, by a two-thirds vote of the qualified line 12 electors of such district, its voters voting on the proposition, may line 13 impose special taxes on such district, a special tax within that city, line 14 county, or special district, except an ad valorem taxes tax on real line 15 property or a transaction transactions tax or sales tax on the sale line 16 of real property within such City , County that city, county, or line 17 special district.
line 18 Third— That Section 2 of Article XIII C thereof is amended to line 19 read:
line 20 SEC. 2. Local Government Tax Limitation. Notwithstanding line 21 any other provision of this Constitution:
line 22 (a)   All taxes Any tax imposed by any a local government shall line 23 be deemed to be is either a general taxes tax or a special taxes. line 24 Special purpose districts tax. A special district or agencies, agency, line 25 including a school districts, shall ha ve no power district, has no line 26 authority to levy a general taxes. tax.
line 27 (b)   No A local government may not impose, extend, or increase line 28 any general tax unless and until that tax is submitted to the line 29 electorate and approved by a majority vote. A general tax shall is line 30 not be deemed to have been increased if it is imposed at a rate not line 31 higher than the maximum rate so approved. The election required line 32 by this subdivision shall be consolidated with a regularly scheduled line 33 general election for members of the governing body of the local line 34 government, except in cases of emergency declared by a unanimous line 35 vote of the governing body.
line 36 (c)   Any general tax imposed, extended, or increased, without line 37 voter approval, by any local government on or after January 1, line 38 1995, and prior to before the effective date of this article, shall line 39 may continue to be imposed only if that general tax is approved line 40 by a majority vote of the voters voting in an election on the issue 99 ACA 1 — 7 —

Item 1D - Page 14
line 1 of the imposition, which election shall be held within tw o years line 2 of the ef fective date of this article no later than November 6, 1996, line 3 and in compliance with subdivision (b).
line 4 (d)   No Except as provided by Section 2.5, a local government line 5 may not impose, extend, or increase any special tax unless and line 6 until that tax is submitted to the electorate and approved by a line 7 two-thirds vote. A special tax shall is not be deemed to have been line 8 increased if it is imposed at a rate not higher than the maximum line 9 rate so approved.
line 10 Fourth— That Section 2.5 is added to Article XIII C thereof, to line 11 read:
line 12 SEC. 2.5. (a)  The imposition, extension, or increase of a sales line 13 and use tax imposed in accordance with the Bradley-Burns Uniform line 14 Local Sales and Use Tax Law (Part 1.5 (commencing with Section line 15 7200) of Division 2 of the Revenue and Taxation Code) or a line 16 successor law, a transactions and use tax imposed in accordance line 17 with the Transactions and Use Tax Law (Part 1.6 (commencing line 18 with Section 7251) of Division 2 of the Revenue and Taxation line 19 Code) or a successor law, or a parcel tax imposed by a local line 20 government for the purpose of funding the construction, line 21 reconstruction, rehabilitation, or replacement of public line 22 infrastructure, affordable housing, or permanent supportive housing line 23 for persons at risk of chronic homelessness, including persons with line 24 mental illness, or the acquisition or lease of real property for public line 25 infrastructure, affordable housing, or permanent supportive housing line 26 for persons at risk of chronic homelessness, including persons with line 27 mental illness, is subject to approval by 55 percent of the voters line 28 in the local government voting on the proposition, if both of the line 29 following conditions are met:
line 30 (1)   The proposition is approved by a majority vote of the line 31 membership of the governing board of the local government. line 32 (2)  The proposition contains all of the following accountability line 33 requirements:
line 34 (A)   A requirement that the proceeds of the tax only be used for line 35 the purposes specified in the proposition, and not for any other line 36 purpose, including general employee salaries and other operating line 37 expenses of the local government.
line 38 (B)  A list of the specific projects that are to be funded by the line 39 tax, and a certification that the local government has evaluated line 40 alternative funding sources.
99 — 8 — ACA 1

Item 1D - Page 15
line 1 (C)  A requirement that the local government conduct an annual, line 2 independent performance audit to ensure that the proceeds of the line 3 special tax have been expended only on the specific projects listed line 4 in the proposition.
line 5 (D)  A requirement that the local government conduct an annual, line 6 independent financial audit of the proceeds from the tax during line 7 the lifetime of that tax.
line 8 (E)   A requirement that the local government post the audits line 9 required by subparagraphs (C) and (D) in a manner that is easily line 10 accessible to the public.
line 11 (F)  A requirement that the local government appoint a citizens’ line 12 oversight committee to ensure the proceeds of the special tax are line 13 expended only for the purposes described in the measure approved line 14 by the voters.
line 15 (b)   For purposes of this section, the following terms have the line 16 following meanings:
line 17 (1)   “Affordable housing” shall include housing developments, line 18 or portions of housing developments, that provide workforce line 19 housing affordable to households earning up to 150 percent of line 20 countywide median income, and housing developments, or portions line 21 of housing developments, that provide housing affordable to lower, line 22 low-, or very low income households, as those terms are defined line 23 in state law.
line 24 (2)  “At risk of chronic homelessness” includes, but is not limited line 25 to, persons who are at high risk of long-term or intermittent line 26 homelessness, including persons with mental illness exiting line 27 institutionalized settings, including, but not limited to, jail and line 28 mental health facilities, who were homeless prior to admission, line 29 transition age youth experiencing homelessness or with significant line 30 barriers to housing stability, and others, as defined in program line 31 guidelines.
line 32 (3)  “Permanent supportive housing” means housing with no line 33 limit on length of stay, that is occupied by the target population, line 34 and that is linked to onsite or offsite services that assist residents line 35 in retaining the housing, improving their health status, and line 36 maximizing their ability to live and, when possible, work in the line 37 community. “Permanent supportive housing” includes associated line 38 facilities, if those facilities are used to provide services to housing line 39 residents.
99 ACA 1 — 9 —

Item 1D - Page 16
line 1 (4)   “Public infrastructure” shall include, but is not limited to, line 2 the projects that provide any of the following:
line 3 (A)   Water or protect water quality.
line 4 (B)   Sanitary sewer.
line 5 (C)   Treatment of wastewater or reduction of pollution from line 6 stormwater runoff.
line 7 (D)   Protection of property from impacts of sea level rise. line 8 (E)   Parks and recreation facilities.
line 9 (F)   Open space.
line 10 (G)   Improvements to transit and streets and highways. line 11 (H)   Flood control.
line 12 (I)   Broadband internet access service expansion in underserved line 13 areas.
line 14 (J)   Local hospital construction.
line 15 (K)   Public safety buildings or facilities, equipment related to line 16 fire suppression, emergency response equipment, or interoperable line 17 communications equipment for direct and exclusive use by fire, line 18 emergency response, policy or sheriff personnel. line 19 (L)   Public library facilities.
line 20 (c)  This section shall apply to any local measure imposing, line 21 extending, or increasing a sales and use tax imposed pursuant to line 22 the Bradley-Burns Uniform Local Sales and Use Tax Law, a line 23 transactions and use tax imposed in accordance with the line 24 Transactions and Use Tax Law, or a parcel tax imposed by a local line 25 government for those purposes described in subdivision (a) that line 26 is submitted at the same election as the measure adding this section. line 27 Fifth—That Section 3 of Article XIII D thereof is amended to line 28 read:
line 29 SEC. 3. Property Taxes, Assessments, Fees and Char ges line 30 Limited. (a)   No (a)  An agency shall not assess a tax, assessment, line 31 fee, or charge shall be assessed by any agency upon any parcel of line 32 property or upon any person as an incident of property ownership line 33 except:
line 34 (1)  The ad valorem property tax imposed pursuant to Article line 35 XIII and Article XIII A.
line 36 (2)   Any special tax receiving a two-thirds vote pursuant to line 37 Section 4 of Article XIII A.A or receiving a 55-percent approval line 38 pursuant to Section 2.5 of Article XIIIC.
line 39 (3)   Assessments as provided by this article.
99 — 10 — ACA 1

Item 1D - Page 17
line 1 (4)  Fees or charges for property related property-related services line 2 as provided by this article.
line 3 (b)  For purposes of this article, fees for the provision of electrical line 4 or gas service shall are not be deemed charges or fees imposed as line 5 an incident of property ownership.
line 6 Sixth—That Section 18 of Article XVI thereof is amended to line 7 read:
line 8 SEC. 18. (a)  No A county, city, town, township, board of line 9 education, or school district, shall not incur any indebtedness or line 10 liability in any manner or for any purpose exceeding in any year line 11 the income and revenue provided for such that year, without the line 12 assent of two-thirds of the voters of the public entity voting at an line 13 election to be held for that purpose, except that with respect to any line 14 such public entity which that is authorized to incur indebtedness line 15 for public school purposes, any proposition for the incurrence of line 16 indebtedness in the form of general obligation bonds for the line 17 purpose of repairing, reconstructing reconstructing, or replacing line 18 public school buildings determined, in the manner prescribed by line 19 law, to be structurally unsafe for school use, shall be adopted upon line 20 the approval of a majority of the voters of the public entity voting line 21 on the proposition at such the election; nor unless before or at the line 22 time of incurring such indebtedness provision shall be made for line 23 the collection of an annual tax sufficient to pay the interest on such line 24 indebtedness as it falls due, and to provide for a sinking fund for line 25 the payment of the principal thereof, on or before maturity, which line 26 shall not exceed forty years from the time of contracting the line 27 indebtedness. A special district, other than a board of education line 28 or school district, shall not incur any indebtedness or liability line 29 exceeding any applicable statutory limit, as prescribed by the line 30 statutes governing the special district as they currently read or line 31 may thereafter be amended by the Legislature.
line 32 (b)  (1)  Notwithstanding subdivision (a), on or after the effective line 33 date of the measure adding this subdi vision, in the case of an y line 34 school district, community colle ge district, or county office of line 35 education, any proposition for the incurrence of indebtedness in line 36 the form of general obligation bonds for the construction, line 37 reconstruction, rehabilitation, or replacement of school f acilities, line 38 including the furnishing and equipping of school f acilities, or the line 39 acquisition or lease of real property for school f acilities, purposes line 40 described in paragraph (3) or (4) of subdivision (b) of Section 1 99 ACA 1 — 11 —

Item 1D - Page 18
line 1 of Article XIII A shall be adopted upon the approval of 55 percent line 2 of the voters of the district or county , school district, community line 3 college district, county office of education, city, county, city and line 4 county, or other special district, as appropriate, voting on the line 5 proposition at an election. This subdivision shall apply only to a line 6 proposition for the incurrence of indebtedness in the form of line 7 general obligation bonds for the purposes specified in this line 8 subdivision only if the proposition meets all of the accountability line 9 requirements of paragraph (3) or (4) of subdivision (b) (b), as line 10 appropriate, of Section 1 of Article XIII A.
line 11 (2) The amendments made to this subdivision by the measure line 12 adding this paragraph shall apply to any proposition for the line 13 incurrence of indebtedness in the form of general obligation bonds line 14 pursuant to this subdivision for the purposes described in line 15 paragraph (4) of subdivision (b) of Section 1 of Article XIII A that line 16 is submitted at the same election as the measure adding this line 17 paragraph.
line 18 (c) When two or more propositions for incurring any line 19 indebtedness or liability are submitted at the same election, the line 20 votes cast for and against each proposition shall be counted line 21 separately, and when if two-thirds or a majority or 55 percent of line 22 the voters, as the case may be, voting on any one of those line 23 propositions, vote in favor thereof, the proposition shall be deemed line 24 adopted.

O
99 — 12 — ACA 1

Item 1D - Page 19

ATTACHMENT D
ACA 13 Text

Item 1D - Page 20
AMENDED IN SENATE SEPTEMBER 11, 2023
AMENDED IN ASSEMBLY SEPTEMBER 1, 2023
AMENDED IN ASSEMBLY AUGUST 17, 2023
california legislature—2023–24 regular session
Assembly Constitutional Amendment No. 13
Introduced by Assembly Member Ward
(Principal coauthors: Assembly Members Aguiar-Curry, Berman, and Lee)
(Coauthors: Assembly Members Robert Rivas, Haney, Jackson, Ortega, and Rendon)
(Coauthors: Senators Durazo, Gonzalez, Skinner, Smallwood-Cuevas, and Wiener)
July 13, 2023
Assembly Constitutional Amendment No. 13—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 10 of, and adding Section

10.5 to, Article II thereof, and adding Section 7.8 to Article XI thereof, relating to voting.
legislative counsel’s digest
ACA 13, as amended,
Ward. V oting thresholds.

This measure would further provide that an initiative measure that includes one or more provisions that would amend the Constitution to increase the voter approval requirement to adopt any state or local measure would be approved by the voters only if the proportion of votes

96 Item 1D - Page 21
cast in favor of the initiative measure is equal to or greater than the highest voter approval requirement that the initiative measure would impose. The measure would specify that this voter approval requirement would apply to statewide initiative measures that appear on the ballot on or after January 1, 2024.

The California Constitution also permits initiative and referendum powers to be exercised by the voters of each city or county under procedures provided by the Legislature.

This measure would expressly authorize a local governing body to hold an advisory vote concerning any issue of governance for the purpose of allowing voters within the jurisdiction to voice their opinions on the issue. The measure would specify that an advisory question is approved only if a majority of the votes cast on the question are in favor.

This measure would further declare that its provisions are severable and that if any provision is held invalid, the other provisions of the act remain valid, as specified.

V ote: 2⁄3.

Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
line 1 WHEREAS, In an era of special interests and others attempting line 2 to manipulate the electoral process, it is important to preserve the line 3 fundamental right of California citizens to approve statewide line 4 initiative statutes and referenda by a majority vote; and line 5 WHEREAS, Initiative measures proposing to amend the line 6 Constitution to increase the vote requirement above a majority line 7 vote to pass other state and local measures violate the principle of line 8 majority rule; and
line 9 WHEREAS, Citizens have a substantial interest in voicing their line 10 opinions on issues of local governance and must be allowed to line 11 approve local advisory measures by majority vote; and line 12 WHEREAS, The provisions of this measure are not intended to line 13 reverse or invalidate provisions of the Constitution in effect before line 14 January 1, 2024, including the provisions of Proposition 13 of line 15 1978; and
line 16 WHEREAS, The purpose of this measure is to do all of the line 17 following:
line 18 (a) Retain the majority vote requirement to pass statewide line 19 initiative statutes and referenda;
line 20 (b) Provide that any proposed initiative measure that would line 21 amend the Constitution to increase the voter approval requirement 96 — 2 — ACA 13

Item 1D - Page 22
line 1 to pass other state or local measures is effective only if the initiative line 2 is approved by the highest vote requirement it imposes on other line 3 measures;
line 4 (c)  Constitutionally authorize local governments to submit line 5 questions to voters asking for their opinion on issues of governance; line 6 now, therefore, be it
line 7 Resolved, That this measure shall be known, and may be cited, line 8 as the Protect and Retain the Majority V ote Act; and be it further line 9 Resolved by the Assembly, the Senate concurring, That the line 10 Legislature of the State of California at its 2023–24 Regular line 11 Session, commencing on the fifth day of December 2022, line 12 two-thirds of the membership of each house concurring, hereby line 13 proposes to the people of the State of California, California that line 14 the Constitution of the State be amended as follows:
line 15 First— That Section 10 of Article II thereof is amended to read:
line 16 SEC. 10. (a)  An initiative statute or referendum approved by line 17 the electors pursuant to Section 10.5 takes effect on the fifth day line 18 after the Secretary of State files the statement of the vote for the line 19 election at which the measure is voted on, but the measure may line 20 provide that it becomes operative after its effective date. If a line 21 referendum petition is filed against a part of a statute, the remainder line 22 of the statute shall not be delayed from going into effect. line 23 (b)  If provisions of two or more measures approved at the same line 24 election conflict, the provisions of the measure receiving the line 25 highest number of affirmative votes shall prevail. line 26 (c)   The Legislature may amend or repeal a referendum statute. line 27 The Legislature may amend or repeal an initiative statute by line 28 another statute that becomes effective only when approved by the line 29 electors unless the initiative statute permits amendment or repeal line 30 without the electors’ approval.
line 31 (d)   Before circulation of an initiative or referendum petition for line 32 signatures, a copy shall be submitted to the Attorney General who line 33 shall prepare a title and summary of the measure as provided by line 34 law.
line 35 (e)   The Legislature shall provide for the manner in which a line 36 petition shall be circulated, presented, and certified, and the manner line 37 in which a measure shall be submitted to the electors. line 38 Second— That Section 10.5 is added to Article II thereof, to line 39 read:
96 ACA 13 — 3 —

Item 1D - Page 23
line 1 SEC. 10.5. (a) Except as provided in subdivision (b), a line 2 statewide initiative statute or referendum is approved if a majority line 3 of the votes cast on the measure are in favor.
line 4 (b) Notwithstanding Section 4 of Article XVIII or any other line 5 provision of the Constitution, an initiative measure that includes line 6 one or more provisions that amend the Constitution to increase the line 7 voter approval requirement to adopt any state or local measure is line 8 approved by the voters only if the proportion of votes cast in favor line 9 of the initiative measure is equal to or greater than the highest line 10 voter approval requirement that the initiative measure would line 11 impose for the adoption of any state or local measure. line 12 (c) This section applies to all statewide initiative measures line 13 submitted to the electors on or after January 1, 2024, including line 14 measures that appear on the ballot at the same election at which line 15 the measure adding this section is approved by the electors. line 16 Third— That Section 7.8 is added to Article XI thereof, to read:
line 17 SEC. 7.8. At any election, pursuant to procedures that the line 18 Legislature shall provide, a local governing body may hold an line 19 advisory vote concerning any issue of governance for the purpose line 20 of allowing voters within the jurisdiction to voice their opinions line 21 on the issue. An advisory question is approved only if a majority line 22 of the votes cast on the question are in favor. The results of the line 23 advisory vote shall in no manner be controlling on the sponsoring line 24 local governing body.
line 25 Fourth— The provisions of this measure are severable. If any line 26 portion, section, subdivision, paragraph, clause, sentence, phrase, line 27 word, or application of this measure is for any reason held to be line 28 invalid by a decision of any court of competent jurisdiction, that line 29 decision shall not affect the validity of the remaining portions of line 30 this measure. The people of the State of California hereby declare line 31 that they would have adopted this measure and each and every line 32 portion, section, subdivision, paragraph, clause, sentence, phrase, line 33 word, and application not declared invalid or unconstitutional line 34 without regard to whether any portion of this measure or line 35 application thereof would be subsequently declared invalid.

O
96 — 4 — ACA 13

Item 1D - Page 24

CITY COUNCIL STAFF REPORT
10/26/2023
SUBJECT:

STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF SEPTEMBER 1 THROUGH SEPTEMBER 30, 2023
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of September 1 through September 30, 2023.

Attachments
Item 1E

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 26, 2023 CONSENT CALENDAR

SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF SEPTEMBER 1 THROUGH SEPTEMBER 30, 2023

FROM: Scott C. Stiles, City Manager

BY: Procurement and Contracting Department

RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of September 1 through September 30, 2023.

STAFF ANALYSIS:

The City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are $75,000 or less, and certain other amendments and change orders as previously approved by the City Council.

Palm Springs Municipal Code §7.02.030(l) requires a monthly report be submitted to the City Manager.

The original contract documents are on file in the Office of the City Clerk and purchase orders are on file in the Procurement and Contracting Department.

REVIEWED BY:

Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles

ATTACHMENTS:

A. City Manager or designee authorized agreements for September 2023 B. Purchase orders for September 2023
Item 1E - Page 1
==========L__ __ ==~======--

ATTACHMENT A

Item 1E - Page 2
Staff Authorized Agreements
September 1, 2023 - September 30, 2023
DEPT CONTRACT # PO DESCRIPTION VENDOR CONTRACT
TOTAL
AVIATION DEPARTMENT 23I217 PROFESSIONAL AUDITING SERVICES-

PREPARATION OF ANNUAL FINANCIAL REPORTS
THE PUN GROUP, LLP $5,000.00
23F218 FUNDING AGREEMENT-FY 2023-24 SPONSORSHIP

FROM CITY OF PALM SPRINGS TO DO THE RIGHT

THING GREATER PALM SPRINGS
DO THE RIGHT THING GREATER PALM SPRINGS $35,000.00
23F235 FUNDING AGREEMENT FOR PALM SPRINGS ART
MUSEUM
PALM SPRINGS ART MUSEUM $300,000.00
23F238 COUNCIL GRANTS PROGRAM AMERICAN DOCUMENTARY AND ANIMATION FILM

FESTIVAL
$7,500.00
23F239 COUNCIL GRANTS PROGRAM ASSISTANCE LEAGUE COACHELLA VALLEY $3,000.00 23F240 COUNCIL GRANTS PROGRAM BOO2BULLYING, INC. $5,000.00 23F241 COUNCIL GRANTS PROGRAM BOYS & GIRLS CLUB OF PALM SPRINGS $100,000.00 23F242 COUNCIL GRANTS PROGRAM CALIFORNIA ALLIANCE FOR COMMUNITY COMPOSTING $26,000.00 23F243 COUNCIL GRANTS PROGRAM DESERT AIDS PROJECT (DAP HEALTH) - AIDS WALK $5,000.00 23F244 COUNCIL GRANTS PROGRAM DESERT AIDS PROJECT (DAP HEALTH) - SUPPORT $25,000.00 23F245 COUNCIL GRANTS PROGRAM DESERT WINDS FREEDOM BAND $5,000.00 23F246 COUNCIL GRANTS PROGRAM EQUALITY CALIFORNIA $2,500.00 23F247 COUNCIL GRANTS PROGRAM FIND FOOD BANK, INC. $65,200.00 23F248 COUNCIL GRANTS PROGRAM FRIENDS OF THE PALM SPRINGS ANIMAL SHELTER $20,000.00 23F249 COUNCIL GRANTS PROGRAM GRASSROOTS JUNIOR TENNIS, INC. $5,000.00 23F250 COUNCIL GRANTS PROGRAM HANSON HOUSE FOUNDATION $3,500.00 23F251 COUNCIL GRANTS PROGRAM JEWISH FAMILY SERVICE OF THE DESERT $15,000.00 23F252 COUNCIL GRANTS PROGRAM LGBT COMMUNITY CENTER OF THE DESERT $25,000.00 23F253 COUNCIL GRANTS PROGRAM LGBTQ+ HISTORY & ARCHIVES OF THE DESERT / PRIDE $10,000.00 23F254 COUNCIL GRANTS PROGRAM MIZELL CENTER $100,000.00 23F255 COUNCIL GRANTS PROGRAM MODERNISM WEEK $75,000.00 23F256 COUNCIL GRANTS PROGRAM NEURO VITALITY CENTER $5,000.00 23F257 COUNCIL GRANTS PROGRAM PALM SPRINGS AIR MUSEUM $15,000.00 23F258 COUNCIL GRANTS PROGRAM PALM SPRINGS BLACK HISTORY COMMITTEE $35,000.00 23F259 COUNCIL GRANTS PROGRAM PALM SPRINGS CHAMBER OF COMMERCE $20,000.00 23F260 COUNCIL GRANTS PROGRAM PALM SPRINGS COMMUNITY CONCERT ASSOCIATION $5,000.00 23F261 COUNCIL GRANTS PROGRAM PALM SPRINGS CULTURAL CENTER $62,940.00 23F262 COUNCIL GRANTS PROGRAM PALM SPRINGS OPERA GUILD $8,500.00 23F263 COUNCIL GRANTS PROGRAM PALM SPRINGS PUBLIC LIBRARY FOUNDATION $10,000.00 23F264 COUNCIL GRANTS PROGRAM SOROPTIMIST HOUSE OF HOPE, INC. $2,500.00 23F265 COUNCIL GRANTS PROGRAM TOOLS FOR TOMORROW $4,000.00 23F266 COUNCIL GRANTS PROGRAM TRANSGENDER HEALTH & WELLNESS CENTER $35,000.00 23F267 COUNCIL GRANTS PROGRAM ALZHEIMER'S COACHELLA VALLEY $2,000.00

CITY MANAGER

Page 1 of 3 ends

Item 1E - Page 3
Staff Authorized Agreements
September 1, 2023 - September 30, 2023
DEPT CONTRACT # PO DESCRIPTION VENDOR CONTRACT
TOTAL
23F268 COUNCIL GRANTS PROGRAM ANIMAL SAMARITANS $5,000.00 23F269 COUNCIL GRANTS PROGRAM BIGHORN INSTITUTE $2,500.00 23F270 COUNCIL GRANTS PROGRAM BROTHERS OF THE DESERT $5,000.00 23F271 COUNCIL GRANTS PROGRAM COACHELLA VALLEY VOLUNTEERS IN MEDICINE $5,000.00 23F272 COUNCIL GRANTS PROGRAM DESERT ENSEMBLE THEATRE $3,000.00 23F273 COUNCIL GRANTS PROGRAM DEZART PERFORMS $2,500.00 23F274 COUNCIL GRANTS PROGRAM FAMILY HEALTH AND SUPPORT NETWORK $2,500.00 23F275 COUNCIL GRANTS PROGRAM FIRST TEE OF THE COACHELLA VALLEY $5,000.00 23F276 COUNCIL GRANTS PROGRAM FRIENDS OF THE DESERT MOUNTAINS $5,000.00 23F277 COUNCIL GRANTS PROGRAM GIRL SCOUTS OF SAN GORGONIO COUNCIL $3,000.00 23F278 COUNCIL GRANTS PROGRAM GREATER PALM SPRINGS PRIDE $16,000.00 23F279 COUNCIL GRANTS PROGRAM GREATER PALM SPRINGS PRIDE $11,000.00 23F280 COUNCIL GRANTS PROGRAM GREATER PALM SPRINGS PRIDE $15,000.00 23F281 COUNCIL GRANTS PROGRAM HOCKER PRODUCTIONS $5,000.00 23F282 COUNCIL GRANTS PROGRAM HOCKER PRODUCTIONS $10,000.00 23F283 COUNCIL GRANTS PROGRAM HOCKER PRODUCTIONS $7,500.00 23F284 COUNCIL GRANTS PROGRAM INLAND COALITION FOR IMMIGRANT JUSTICE $10,000.00 23F285 COUNCIL GRANTS PROGRAM JOHN F KENNEDY MEMORIAL FOUNDATION $2,000.00 23F286 COUNCIL GRANTS PROGRAM MODERN MEN COACHELLA VALLEY MEN'S CHORUS $5,000.00 23F287 COUNCIL GRANTS PROGRAM NICKERSON-ROSSI DANCE $5,000.00 23F288 COUNCIL GRANTS PROGRAM OSWIT LAND TRUST $10,000.00 23F289 COUNCIL GRANTS PROGRAM PALM SPRINGS DANCE PROJECT $5,000.00 23F290 COUNCIL GRANTS PROGRAM PALM SPRINGS GAY MEN'S CHORUS $10,000.00 23F291 COUNCIL GRANTS PROGRAM PALM SPRINGS INDIANS YOUTH FOOTBALL & CHEERLEADERS $10,000.00 23F292 COUNCIL GRANTS PROGRAM PALM SPRINGS SISTER CITIES COMMITTEE $25,000.00 23F293 COUNCIL GRANTS PROGRAM PALM SPRINGS YOUNG PLAYWRIGHTS FESTIVAL $2,500.00 23F294 COUNCIL GRANTS PROGRAM PSUSD FOUNDATION $5,000.00 23F295 COUNCIL GRANTS PROGRAM REYNALDO J CARREON MD FOUNDATION $5,000.00 23F296 COUNCIL GRANTS PROGRAM SHAY'S WARRIORS LIFE AFTER CANCER $1,000.00 23F297 COUNCIL GRANTS PROGRAM THE LAUREL FOUNDATION $10,000.00 23F298 COUNCIL GRANTS PROGRAM VARIETY CHILDREN'S CHARITIES OF THE DESERT $5,000.00 23F299 COUNCIL GRANTS PROGRAM VOICES FOR CHILDREN $2,000.00 23F300 COUNCIL GRANTS PROGRAM VOLUNTEER PALM SPRINGS $5,000.00 23F301 COUNCIL GRANTS PROGRAM WE ARE ONE UNITED $5,000.00 23F230 FAÇADE IMPROVEMENT GRANT AGREEMENT LORI SIMMONS, PALM SPRINGS TREASURES $1,141.00 23F233 GRANT AGREEMENT FOR FAÇADE IMPROVEMENT THE GOLD STORE $1,800.00

ENGINEERING - PUBLIC
WORKS
23E222 EMERGENCY REPAIR INDIAN CANYON DUE TO

TROPICAL STORM HILARY BONDS AND

INSURANCE PENDING
STEVE P. RADOS $686,845.00

COMMUNITY ECON. DEV.

Page 2 of 3 ends

Item 1E - Page 4
Staff Authorized Agreements
September 1, 2023 - September 30, 2023
DEPT CONTRACT # PO DESCRIPTION VENDOR CONTRACT
TOTAL
23I231 2024 SCAQMD VAPOR RECOVERY TESTING &

INSPECTION SERVICES
WESTERN PUMP, INC. $1,045.00
23S213 MONITORING SERVICES FOR VAPOR

ABSORPTION CHILLER
THERMAX INC. $31,301.00
FIRE DEPARTMENT 23I221 PREVENTATIVE MAINTENANCE FOR FITNESS EQUIPMENT AT 5 PSFD LOCATIONS.

PRO FITNESS REPAIR, LLC. $6,500.00
23C219 DATA MANAGEMENT SERVICES-STORAGE OF

BACKUP TAPES
IRON MOUNTAIN INFORMATION MANAGEMENT, LLC $2,997.96
23I220 FARONICS DEEP FREEZE SAAS 9/14/2023-
9/13/2024
INSIGHT PUBLIC SECTOR $6,112.68
23I226 ENERGOV PARCEL UPDATES SOLOMON N NIMAKO DBA SPATIAL SOLUTIONS &

SERVICES LLC
$2,200.00
23I236 MOBILE SPECIFIC LANDING PAGE FOR MOBILE

DEVICES THAT ASSISTS CUSTOMERS USE THE

LIBRARY MORE EFFICIENTLY
OCLC - CAPIRAMOBILE $12,259.96
23S211 CELLHAWK-CELL PHONE MAPPING & ANALYSIS

SYSTEM SOFTWARE FOR LAW ENFORCEMENT
AGENCY
LEADSONLINE LLC $18,530.00
23S212 GPS FOR THE PD UNITS USED BY DISPATCH. GEOSPATIAL TECHNOLOGIES, INC. $3,885.00 23S229 3-YEAR CALLYO SOFTWARE LICENSE AGREEMENT CALLYO 2009 CORP. $10,063.81 23S232 ANNUAL AGREEMENT NEOGOV POWERDMS, INC. $3,730.06 23S234 AUTOMATED TEXT MESSAGE/SURVEY PLATFORM
FOR PD
POWERDMS, INC. $22,620.56
23I215 PSPD NEW BADGES AND MEDALS AND BADGE

REFURBISHMENT
V & V MANUFACTURING, INC. $20,000.00
23I216 4-DAY ON-SITE FORENSIC TRAINING FOR LEICA
3D SCANNER
PRECISION SURVEY SUPPLY, LLC $6,995.00
23I237 BIOHAZARDOUS WASTE PICKUP FOR PSPD BIO SOCAL $75,000.00

POLICE DEPARTMENT

FACILITIES MAINTENANCE

INFORMATION TECHNOLOGY

Page 3 of 3 ends

Item 1E - Page 5

ATTACHMENT B

Item 1E - Page 6
Purchase Orders
September 1, 2023 - September 30, 2023
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
24000457 23I120 INSTALL SERVICE BODY ON F-250 $26,573.23 24000514 PURCHASE 2 JOHN DEERE GATORS (1-ELECTRIC & 1-
GAS)
$37,976.32
24000597 A9324 OFFICE SUPPLIES $500.00
24000432 IPADS AND EQUIPMENT FOR LIBRARY $13,854.05
24000433 2 FUJITSU SCANNERS $2,119.43
24000434 4 COMPLETE BLUEBEAM SUBSCRIPTIONS $800.00
24000436 A9194 LOCKS FOR PUBLIC COMPUTERS. $1,402.22 24000437 23I209 ZOOBEAN YR 1 OF 3 10/1/23-9/30/26 $1,382.10 24000448 23S182 ANNUAL SOP SOFTWARE RENEWAL $10,693.37
24000451 23I190 FIRSTTWO 8/1/23-7/31/24 $8,700.00
24000454 FORTINET ANNUAL RENEWAL 9/16/23-9/16/24 $13,530.58 24000470 23S181 VOTELYNX 9/1/23- 8/31/24 $4,300.00
24000472 INTERCOM REPLACEMENT $176.89
24000473 IPAD/PENCIL FOR FINANCE $798.05
24000511 A8503 SUPPORT HOURS FOR 23/24 $32,000.00
24000521 50IN. MONITOR FOR PSP $378.26
24000522 23S207 NEARMAP RENEWAL $6,480.00
24000523 VOLUNTEER INTEGRATED MANAGERS SYSTEM $770.00
24000524 1 NEW COPIER $8,691.93
24000525 APC UPS (POWER SUPPLY) $19,659.54
24000526 BRIGHTMETRICS 10/24/23-10/23/24 $1,665.00
24000528 SAVANCE EIO BOARD 10/11/23 - 10/10/24 $750.00 24000534 23S211 CELLHAWK YR 1 OF 3 9/8/23-9/14/24 $5,995.00 24000554 23I210 CABLE INSTALLATION- CODE COMPLIANCE $8,275.90 24000566 23I220 FARONICS 10/14/23-10/13/24 $6,112.68
24000568 23S212 GST E911 ANNUAL SOFTWARE MAINTENANCE $3,885.00 24000585 A7277 INTELESYS MITEL SUPPORT AMENDMENT $23,929.00 24000592 23S229 CALLYO YR 1 OF 3 $3,354.60
24000593 REMOTE CONTROL/USB $461.33
24000594 23I226 UPDATE GIS PARCEL INFORMATION $2,200.00 24000601 A6231 MK SOLUTIONS SORTING SYSTEM SERVICE

MAINTENANCE
$30,829.00
24000450 23P156 ADMINISTRATIVE CITATION PROCESSING $15,770.00 24000552 23I164 ABATEMENT SERVICES RE: 593 W AVENIDA CERCA. $63,354.81 HUMAN RESOURCES 24000560 FOOD TRUCK CATERING FOR EMPLOYEE

APPRECIATION
$7,647.50
24000471 2023 CVEP SUMMIT SPONSORSHIP MEMBERSHIP $3,000.00 24000619
23S174
PUBLIC ART GRANT FOR RED DRAGON ARTWORK $5,000.00

HAUS OF POKE PALM SPRINGS LLC

COMMUNITY &
ECONOMIC DEV.

COACHELLA VALLEY ECONOMIC PARTNERSHIP

OLD LAS PALMAS NEIGHBORHOOD

ORGANIZATION

B & H PHOTO

SOLOMON N NIMAKO

MK SOLUTIONS INC

SPECIAL PROGRAMS

COMPLIANCE

DATA TICKET INC

R & R B INC

INFORMATION

TECHNOLOGY

INSIGHT PUBLIC SECTOR INC

CDW GOVERNMENT INC

BLUEBEAM INC

DELL MARKETING LP
ZOOBEAN, INC.

LEXIPOL LLC

FIRSTTWO INC

BLACK DIAMOND SOLUTIONS

INTENT DIGITAL LLC

B & H PHOTO

PRECISION TECHNOLOGIES

INSIGHT PUBLIC SECTOR INC

GEOSPATIAL TECHNOLOGIES INC

INTELESYSONE
CALLYO 2009 CORP

VISUAL EDGE INC DBA IMAGE SOURCE

CDW GOVERNMENT INC

INTELESYSONE

SAVANCE LLC

LEADSONLINE LLC

CDW GOVERNMENT INC

TYLER TECHNOLOGIES INC

B & H PHOTO

NEARMAP US INC

ARTHUR J FEMISTER
A/CITY MANAGER ADMIN CUSTOM TRUCK BODY & EQUIPMENT, INC.

R D OFFUTT COMPANY

ODP BUSINESS SOLUTIONS

Page 1 of 6 ends

Item 1E - Page 7
I
Purchase Orders
September 1, 2023 - September 30, 2023
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
24000562 A9296 STAGING TRAILER TOW $1,050.00
24000610 A9192 CONES & DELINEATORS $2,122.18
24000512 TABLE LINENS FOR RECREATION EVENTS $988.19
24000513 PROP 68 SIGNAGE FOR SWIM CENTER & JOJDHUC $1,007.61 24000515 23I163 CHARTER BUS FOR FIELD TRIP $2,184.00
24000516 23I142 BUS TRANSPORTATION FOR FIELD TRIP $2,600.00 24000518 SCARFS FOR VOLUNTEERS $2,583.85
24000611 FOAM MACHINE FOR SPECIAL EVENTS AND

PROGRAMS
$5,219.88
24000612
23I142

BUS TRANSPORTATION FROM JAMES O JESSIE DHUC
TO EXP
$2,184.00
24000613 RENTAL AND LUNCH FOR BOARD RETREAT $966.43
24000614 SPORTING GOODS, ATHLETIC EQUIPMENT AND

ATHLETIC FA
$5,784.32
24000617 23I119 FITNESS EQUIPMENT PM AND REPAIRS $979.19 24000618 REPLACING SOFTBALL GROUND ANCHORS AND BASE
PLUGS
$1,515.67
24000449 PSPL - TEEN MAKERSPACE TROLLEY $2,079.84
24000453 AMAZON - ZIP BOOKS GRANT CAL. STATE LIBRARY $10,000.00 24000474 MK SOLUTIONS - RFID SECURITY TAGS $4,837.83
24000484 POLO SHIRTS FOR STAFF $764.02
24000581 PSPL - LIBRARY PROGRAM & EVENT SUPPLIES $2,731.25 24000582 PSPL - MOVIE LICENSE RENEWAL $935.00
24000452 4 DISPATCH HEADSETS $2,097.56
24000459 23I198 ANNUAL CALIBRATION OF MACHINE TO FIT TEST GAS MASK
$935.00
24000476 HELMETS FOR PSPD MOTORCYCLE OFFICERS $15,687.81 24000549 ONLINE TRAINING COURSE $3,753.00
24000550
23I216

ON-SITE TRAINING AT PSPD FOR FORENSIC LASER
SCANNE
$6,995.00
24000553 A9065 LOCKSMITH SERVICES $285.00
24000563 23I215 NEW BADGES & MEDALS AND BADGE

REFURBISHMENT FOR PD
$20,000.00
24000565 TUNE-UP FOR 4 GENERATORS FOR PSPD TRAFFIC

DIVISION
$111.11
24000569 23I203 QUARTERLY PICKUP OF BIOHAZARDOUS WASTE

MATERIALS
$1,800.00
24000583 TUNE-UP FOR 2 (OF 4) GENERATORS FOR PSPD

TRAFFIC
$244.79

POLICE DEPARTMENT SHAFFER, ALLEN K

OHD LLLP

PVP COMMUNICATIONS

SCOTT SAVAGE

PRECISION SURVEY SUPPLY

VALLEY LOCK AND SAFE

V AND V MANUFACTURING

KC'S LAWNMOWER SHOP LLC

STERICYCLE INC LLC SHRED IT USA

KC'S LAWNMOWER SHOP LLC

LIBRARY DEMCO
AMAZON.COM SALES INC

MK SOLUTIONS INC
4IMPRINT INC

JANWAY COMPANY USA INC

SWANK MOTION PICTURES

RECREATION

DEPARTMENT

PREMIER TABLE LINENS

PACIFIC PRODUCTS AND SERVICES LLC

LIN LINES INC

SCARLIGHT LLC

FOAMDADDY LLC

LIN LINES INC

AEG MANAGEMENT PALM SPRINGS LLC

VARSITY BRANDS HOLDING CO INC

PAX FITNESS REPAIR LLC

VARSITY BRANDS HOLDING CO INC

PARKS MAINTENANCE

MECHANICS

PLAZA TOWING INC

PACIFIC PRODUCTS AND SERVICES LLC

Page 2 of 6 ends

Item 1E - Page 8
I
Purchase Orders
September 1, 2023 - September 30, 2023
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
23000914 23I009 REPAIR SERVICES FOR PPE/TURNOUTS $6,000.00 23001137 23I037 HEALTH & WELLNESS SERVICES FOR FD PERSONNEL $58,911.00 24000435 A9324 OFFICE SUPPLIES FOR FIRE DEPARTMENT $26,731.00 24000458 MEDICAL SUPPLIES - CRITICAL RESPONSE GLOVES $28,309.73 24000544 A9176 FIRE STATION #3 JANITORIAL SUPPLIES & REPAIR SVCS $5,150.00 24000545 A9176 FIRE STATION #4 JANITORIAL SUPPLIES & REPAIR SVCS $5,150.00 24000546 A9176 FIRE STATION #5 JANITORIAL SUPPLIES & REPAIR SVCS $5,150.00 24000547 A9176 FIRE STATION #2 JANITORIAL SUPPLIES & REPAIR SVCS $10,300.00 24000548 A9176 FIRE STATION #1 JANITORIAL SUPPLIES & REPAIR SVCS $5,150.00 24000551 A9324 FURNITURE FOR FIRE CHIEF OFFICE $16,289.46 24000555 VETERINARY SERVICES FOR FD PEER SUPPORT K9 $3,500.00 24000564 POSI-CHECK CALIBRATION SERVICES $1,050.00
24000579 ARIZONA VORTEX TRIPOD $5,140.23
24000580 UNLIMITED VEHICLE WASHES $1,560.00
24000595 PURCHASE OF SMALL TOOLS $8,785.84
24000596 STATION 1 - MATERIALS & SUPPLIES FOR PSFD $2,000.00 24000604 ADMIN - MATERIALS & SUPPLIES FOR PSFD $7,500.00 24000605 STATION 4 - MATERIALS & SUPPLIES FOR PSFD $2,000.00 24000606 STATION 3 - MATERIAL & SUPPLIES FOR PSFD $2,000.00 24000607 STATION 5 - MATERIALS & SUPPLIES FOR PSFD $2,000.00 24000608 STATION 2 - MATERIALS & SUPPLIES FOR PSFD $4,000.00 24000609 SMALL TOOLS REPAIR SVCS $1,500.00
24000615 FIREFIGHTER TACTICAL PANTS $18,572.50
24000620 PHENIX TECH FIRE HELMET $4,700.92

ENGINEERING - PUBLIC
WORKS
24000558 A8411 ENGINEERING - EMERGENCY REPAIRS - INDIAN

CANYON D
$56,905.43
24000170 A9324 PSP SECURITY OFFICE SUPPLIES $2,500.00 24000456 23S165 PSP VISITOR PASS PROGRAM SOFTWARE $48,000.00 24000499 A9065 PSP LOCKSMITH SERVICES $190.00
24000502 A9276 PSP RADIO PURHCASE BATTERIES $3,149.82 24000517 23I179 NEW BRAND SIGNAGE - TERMINAL $7,553.06
24000520 PSP SECURITY BADGES $5,026.67
24000527 23S081 PSP SECURITY ACCESS CONTROL SYSTEM $72,000.00 24000532 A9294 PSP DOOR MAINTENANCE / PM REPAIR SRVS $9,950.00 24000586 A9065 PSP LOCKSMITH SERVICES $713.07

HARRIS AND ASSOCIATES INC
AMAZON.COM SALES INC
AMAZON.COM SALES INC
AMAZON.COM SALES INC
AMAZON.COM SALES INC
AMAZON.COM SALES INC

AVIATION DEPARTMENT ODP BUSINESS SOLUTIONS

MIS CHOICE INC

VALLEY LOCK AND SAFE

AIRWAVE COMMUNICATIONS ENTERPRISES

CANYON COPY AND PRINT

RYDIN (DRI-STICK DECAL)

AIRBADGE LLC
HINGEWERKS COMMERCIAL DOORS INC.

VALLEY LOCK AND SAFE

FIRE DEPARTMENT SOCAL PPE LLC

ON DUTY HEALTH PC

ODP BUSINESS SOLUTIONS

PROFESSIONAL MEDICAL WAREHOUSE, INC

WAXIE SANITARY SUPPLY

KC'S LAWNMOWER SHOP LLC

FIRE ETC

ALLSTAR FIRE EQUIPMENT INC

WAXIE SANITARY SUPPLY

ODP BUSINESS SOLUTIONS

VCA ANIMAL HOSPITALS INC

HONEYWELL ANALYTICS INC

NATIONAL SAFETY SERVICES INC

GERGIS YOUSEF

KC'S LAWNMOWER SHOP LLC
AMAZON.COM SALES INC

Page 3 of 6 ends

Item 1E - Page 9
I
Purchase Orders
September 1, 2023 - September 30, 2023
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
24000438 A9079 FINANCE OFFICES PAINTED $9,000.00
24000439 A9077 JC FREY ROOF INSPECTION $500.00
24000440 A9077 PAVILION ROOF INSPECTION $500.00
24000441 A9077 FIRE STATION NO. 5 ROOF INSPECTION $500.00 24000442 A9077 FIRE STATION NO. 2 ADMIN AREA $500.00 24000443 A9077 FIRE TRAINING CENTER METAL ROOF $500.00 24000444 A9077 FIRE STATION NO. 1 ROOF INSPECTION $500.00 24000445 A9077 CITY HALL ROOF LEAKS $500.00
24000446 A9077 DEMUTH COMMUNITY CENTER ROOF INSPECTION $500.00 24000447 A9077 DESERT HIGHLAND ROOF INSPECTION $500.00 24000475 23C177 ELEVATOR MAINTENANCE $21,883.00
24000477 A9136 ACCOUNT MANAGERS BUILDOUT $14,435.00 24000494 A9068 REROUTING ELECTRICAL IN FLEET DEPT. $5,500.00 24000497 23B046 CODE COMPLIANCE PROJECT - FIRE SPRINKLER

RELOCATIO
$500.00
24000500 A9071 PSPD LOBBY RESTROOMS $2,500.00
24000501 A9071 PSFD 3 JETTING SEWER LINE $3,500.00
24000505 A9068 MOUNTAIN GATE PALM TREE LIGHTING $3,000.00 24000519 CELDEK FOR THE SUNRISE PLANT ROOF $1,991.49
24000533 A9145 CODE COMPLIANCE FLOORING $3,571.78
24000536 A9136 DANCE STUDIO WALL REPAIRS $19,831.00 24000537 A8470 CITY HALL POWER METER $5,808.00
24000538 A9135 FLEET DEPT ROLLUP DOOR REPAIR $5,033.00 24000539 A9136 SHADE STRUCTURE DEMO $16,100.00
24000540 A9071 SUNRISE PARK LEAK REPAIR $26,266.93
24000541 23B101 REPAIR OF BELARDO PARKING FIRE ALARM PANEL $500.00 24000542 A9041 CITY HALL MOLD TESTING $3,500.00
24000543 A9071 FIRE SPRINKLERS FOR CODE COMPLIANCE $2,381.14 24000556 23B101 DEMUTH COMMUNITY CENTER FIRE SYSTEM $500.00 24000573 23B101 PSPD REPLACEMENT OF AES RADIO $685.88 24000584
23S213
MONITORING SERVICES FOR ABSORPTION CHIILER $9,922.00
24000588 23B101 DEMUTH COMMUNITY CENTER FIRE PANEL $3,314.00 24000589 23B101 EDOM HILL RADIO CHECK $237.50
24000590 A9071 PSFD JET MAIN LINE $3,500.00
24000395 A9082 EQUIPMENT RENTAL $10,000.00
24000460 A9040 TIRES FOR STOCK EST#182019 $1,084.29 24000461 A9040 TIRE SERVICE FOR UNIT 223 EST#181546 $278.50 24000462 A9040 TIRES FOR UNIT 7103E EST#182028 $410.18 24000463 A9040 TIRES FOR UNIT 253 EST#181545 $2,621.54

KINCAID INDUSTRIES INC

FLEET OPERATIONS UNITED RENTALS

DANIELS TIRE SERVICE INC

CHECKMATE TELEPHONE EXCHANGE INC

THERMAX INC
ENGIE SERVICES U.S. INC.

OLLIN DOCK & DOOR INC

PUB CONSTRUCTION INC

KINCAID INDUSTRIES INC

CHECKMATE TELEPHONE EXCHANGE INC

KINCAID INDUSTRIES INC

M BREY ELECTRIC INC

REFRIGERATION SUPPLIES DISTRIBUTOR

MOHAWK COMMERCIAL INC

PUB CONSTRUCTION INC

FACILITIES MAINTENANCE AJ FISTES CORPORATION

AL MILLER AND SONS ROOFING INC

TK ELEVATOR CORPORATION

PUB CONSTRUCTION INC

M BREY ELECTRIC INC

DESERT FIRE EXTINGUISHER CO INC

KINCAID INDUSTRIES INC

LY ENVIRONMENTAL INC

KINCAID INDUSTRIES INC

CHECKMATE TELEPHONE EXCHANGE INC

Page 4 of 6 ends

Item 1E - Page 10
I
Purchase Orders
September 1, 2023 - September 30, 2023
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
24000464 A9040 TIRES FOR UNIT 609 EST#181949 $889.00 24000465 A9040 TIRES FOR STOCK $162.42
24000466 A9040 TIRES FOR STOCK EST#181905 $1,914.43 24000467 A9157 PARTS FOR UNIT #609 EST#42 $1,750.88 24000468 A9040 TIRES FOR STOCK EST#180791 $1,185.15 24000469 23S057 PARTS FOR UNIT 1E4509 EST#129887 $1,397.41 24000478 A9241 REPAIRS ON UNIT 205216 EST#205216 $11,049.12 24000479 A9040 TIRES FOR STOCK EST#181616 $323.19
24000480 A9040 TIRES FOR STOCK EST#181615 $879.53
24000481 23S057 REPAIRS ON UNIT 1E4118 $2,985.73
24000482 23S057 REPAIRS ON UNIT 1E4318 $9,678.68
24000483 A9153 5W20 BULK OIL #2451572 $1,099.35
24000486 A9040 TIRES FOR UNIT 309 EST#182236 $716.43 24000487 A9157 PARTS FOR UNIT 047 EST#66322 $241.49 24000488 A9157 AUTOMOTIVE AND TRAILER EQUIPMENT AND PARTS $511.69 24000489 A9157 PARTS FOR UNIT 032 EST# 47148 $55.53 24000490 A9157 PARTS FOR UNIT 502 EST#03327 $277.31 24000491 A9190 TOWING UNIT 6100E FOR REPAIRS $400.00 24000492 A9230 REPAIRS ON UNIT 908 EST#077899 $617.44 24000493 23S060 REPAIRS ON UNIT 094 EST#MWGEST252 $3,071.72 24000495 A9230 REPAIRS ON UNIT 040 EST#077894 $1,326.90 24000496 23S060 REPIARS ON UNIT 097 EST#MWGEST253 $3,071.72 24000498 A9190 TOWING UNIT 091006 FOR REPAIRS $230.00 24000504 A9190 TOWING UNIT 068500 FOR REPAIRS EST#068500 $1,003.00 24000506 A9157 PARTS FOR STOCK $407.81
24000507 A9040 TIRES FOR STOCK $377.05
24000508 A9040 TIRES FOR STOCK $358.21
24000509 A9040 TIRES FOR STOCK $2,079.09
24000510 A9040 TIRES FOR STOCK $1,693.07
24000529 A9040 TIRES FOR UNIT 3100E EST #182628 $196.41 24000530 A9040 TIRES FOR STOCK EST#182686 $283.25
24000531 23S057 EMERGENCY REPAIRS ON UNIT #252 $13,000.00 24000570 A9230 REPAIRS ON UNIT 035 EST#078016 $779.00 24000571 A9230 SMOG FOR UNIT 082 EST#078003 $42.20
24000572 A9040 TIRES FOR UNIT 082 EST#182922 $654.42 24000574 A9040 TIRES FOR UNIT 6001T EST#182724 $2,334.90 24000575 A9040 TIRES FOR STOCK $2,591.65
24000576 A9153 5W20 OIL FOR STOCK $1,394.31
24000577 A9230 REAPIRS ON UNIT 302 EST#078024 $615.00 24000578 A9230 REPAIRS ON UNIT 035 EST# 078016 $779.00

SC COMMERCIAL LLC

GERGIS YOUSEF

DANIELS TIRE SERVICE INC

SOUTH COAST EMERGENCY VEHICLE SERVICE

MOHICA TOWING

PALM SPRINGS MOTORS

DANIELS TIRE SERVICE INC

MOHICA TOWING

GERGIS YOUSEF

JORDAN FREEMAN

GERGIS YOUSEF

JORDAN FREEMAN

DANIELS TIRE SERVICE INC

PALM SPRINGS MOTORS

DANIELS TIRE SERVICE INC

SOUTH COAST EMERGENCY VEHICLE SERVICE

J & L AUTO BODY INC

DANIELS TIRE SERVICE INC

PALM SPRINGS MOTORS

DANIELS TIRE SERVICE INC

SOUTH COAST EMERGENCY VEHICLE SERVICE

SC COMMERCIAL LLC

Page 5 of 6 ends

Item 1E - Page 11
I
Purchase Orders
September 1, 2023 - September 30, 2023
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
24000587 A9190 EMERGENCY TOW FOR UNIT 507 $115.00
24000591 A9241 REPAIR SERVICES FOR PS920 2001 FORD F-550 XLT $5,154.16 24000598 A9230 FULL MAINTENANCE DETAIL ON UNIT 990117 EST#078071
$280.00
24000599 23S060 REPAIRS ON UNIT 099 EST#MWGEST255 $2,910.24 24000600 A5410 PURCHASE OF NATURAL GAS $41,500.00
24000621 A9153 15W40 OIL EST#2482089 $993.62
24000622 A9040 TIRES FOR STOCK EST#183430 $205.09
24000623 A9040 TIRES FOR UNIT 206 EST#183508 $500.25 24000624 A9040 TIRES FOR UNIT 307505 EST#183507 $2,918.55 24000625 23B104 NEW VEHICLE OUTFITTING # 711 & 710 $6,000.00 24000626 A9082 EQUIPMENT RENTAL $5,000.00
24000627 A9296 EMERGENCY TOW FOR UNIT 6101E $412.50 24000535 A9248 SAND FOR SANDBAG PIT CITY HALL $1,250.43 24000557 A9248 CLASS III BASE & ROCK $954.00

DOWNTOWN

MAINTENANCE
24000567 A9089 TRASH AND RECYCLE LINERS (BAGS) $3,541.74 *Please note Purchase Orders (POs) issued with contract numbers shown indicate an approved contract is being utilized. Therfore, the PO issued is an order against the contract.

STREETS MAINTENANCE HI GRADE MATERIALS CO

HI GRADE MATERIALS CO

WAXIE SANITARY SUPPLY

DANIELS TIRE SERVICE INC

BLACK AND WHITE EMERGENCY VEHICLES

UNITED RENTALS

PLAZA TOWING INC

GERGIS YOUSEF

JORDAN FREEMAN

CLEAN ENERGY FUELS

SC COMMERCIAL LLC

DANIELS TIRE SERVICE INC

MOHICA TOWING

J & L AUTO BODY INC

Page 6 of 6 ends

Item 1E - Page 12
I

CITY COUNCIL STAFF REPORT
10/26/2023
SUBJECT:

APPROVE USE AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR ACCESS

TO AND USE OF THE PUBLIC SAFETY ENTERPRISE COMMUNICATION SYSTEM RECOMMENDATION:

1. Appropriate $110,000 from the Airport Operations and Maintenance fund balance in Fiscal Year 2024-25 budget.

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

3. Attachments
Item 1F

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 26, 2023 CONSENT CALENDAR

SUBJECT: A PPROVE USE AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR

ACCESS TO AND USE OF THE PUBLIC SAFETY ENTERPRISE

COMMUNICATION SYSTEM

FROM: Scott C. Stiles, City Manager

BY: Police Department

SUMMARY:

This action will approve an agreement through December 31, 2028 with the County of Riverside for access to and use of the Public Safety Enterprise Communication (PSEC) radio system.

RECOMMENDATION:

1. Approve Use Agreement 23G306 (Attachment A) with the County of Riverside for an initial term ending December 31, 2028, with one five-year option to renew, for access to and use of the Public Safety Enterprise Communication radio system for an estimated amount of $1,110,846 through June 30, 2025.

2. Appropriate $110,000 from the Airport Operations and Maintenance fund balance in Fiscal Year 2024-25 budget.

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

BACKGROUND:

The City of Palm Springs currently uses the Eastern Riverside Interoperable Communications Authority (ERICA) radio system for communication. The system is used by multiple City Departments including Police, Fire, Emergency Management, Airport, Parks & Recreation, Streets, Code Compliance and Facilities and Maintenance . Police and Fire personnel can communicate directly with the Dispatch Center, other City Departments, and allied public safety agencies. Other City Departments utilize the radio system to communicate with the Police Dispatch Center, the Airport Operations Center, and other City employees in the course of their duties.

Item 1F - Page 1
City Council Staff Report
October 26, 2023 -- Page 2
PSEC Use Agreement

ERICA was formed as a Joint Powers Authority (JPA) with four other local municipalities.

The original ERICA JPA dissolved in June of 2023. All other members of the JPA – the Cities of Beaumont, Cathedral City, Desert Hot Springs and Indio – have transitioned or are in the process of transitioning from ERICA to the Public Safety Enterprise Communications (PSEC) radio system, a County -wide radio system operated by the Riverside County Sheriff’s Department. Remaining on ERICA would negatively impact the ongoing ability of Police and Fire to communicate with allied public safety partners and require the City incur all operational, maintenance, upgrade and repair costs associated with the system following the disbanding of the JPA. Continued use of ERICA infrastructure for communications would require millions of dollars’ worth of upgrades to ensure long-term operability.

Numerous law enforcement agencies and fire departments across the County have already joined PSEC. A transition to the PSEC radio system will ensure interoperable communications between the City’s public safety employees and other allied agencies Countywide. PSEC will also serve as a platform for communications with and between all other City Departments.

On September 29, 2022, Council approved agreements for the purchase and installation of portable and mobile radio equipment meeting the Project 25 (P25) suite of standards for interoperable digital two-way radio products, a requirement for the transition to PSEC.

On April 27, 2023, Council approved an agreement with Motorola Solutions, Inc. to upgrade hardware and software in consoles at both the Palm Springs Police Dispatch Center and the Palm Springs International Airport, as well as networking and configuration changes necessary to transition existing City of Palm Springs consoles from the ERICA radio system to Riverside County’s PSEC radio system. The console upgrade project should be completed in early 2024.

STAFF ANALYSIS:

Continued use of the ERICA radio system would burden the City with all financial obligations related to system operations, maintenance, upgrade, and repair. Remaining on the system as a sole user would also negatively impact the ability of the City’s public safety personnel to communicate effectively with allied partners. The City has already invested in the equipment and services necessary to transition to the PSEC radio system.

Formal approval of the PSEC Use Agreement is the final step in the City’s transition to the PSEC radio system, which will ensure that all City Departments have necessary communications capabilities, both internally and with their public safety partners.

Staff recommends approval of Agreement 23G306 with the County of Riverside for an initial term that expires on December 31, 2028, with one five-year option to renew, for an estimated amount of $1,110,846 through June 30, 2025.

Item 1F - Page 2
City Council Staff Report
October 26, 2023 -- Page 3
PSEC Use Agreement

ENVIRONMENTAL ASSESSMENT:

The requested 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. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that 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:

PSEC charges a per-radio monthly subscriber rate. PSEC System rates are reviewed and approved annually by the Riverside County Board of Supervisors, with changes taking effect on July 1st of each year. This rate includes access to and use of the PSEC system, which the County is responsible for maintaining. In May 2020, the Riverside County Board of Supervisors approved an incentive program for new users joining the PSEC System.

The incentive program provided tiered percent discounts for the given year. Per the onboarding incentive authorized by the Riverside County Board of Supervisors, the rate guide has been established at $102.62 per radio, per month for Fiscal Year 2023-24 – or 75% of the total per radio cost. The incentive program concludes at the end of Fiscal Year 2023-24 and Fiscal Year 2024-25 costs are currently estimated at $136.83 per radio.

The City of Palm Springs has requested to join the PSEC Radio System with an estimated total of 492 radios, which includes all portable, mobile and console radios purchased City- wide. The City of Palm Springs is prepared to transition to the PSEC Radio System as early as January 2024.

Sixty-five of the 492 radios the City plans to use on the PSEC System will be assigned to Airport personnel. PSEC use costs for Airport radios are $6,670 per month in Fiscal Year 2023-2024 and estimated to be $8,900 per month in Fiscal Year 2024-25. Sufficient funds are budgeted and available in Fiscal Year 2023-24 in the Department of Aviation Security Account 4157026-50003 but will need to be appropriated from the Airport Operations and Maintenance fund balance in fiscal year 2024-25.

The Police, Fire, Emergency Management and other City Departments plan to use 427 portable, mobile and console radios on the PSEC System, at a cost of $43,819 per month in Fiscal Year 2023-24 and an estimated cost of $58,426 per month in Fiscal Year 2024-

25. Sufficient funds are available in Fiscal Year 2023- 24 and Fiscal Year 2024 -25 in Emergency Response Fund 1365045 50105.

Item 1F - Page 3
City Council Staff Report
October 26, 2023 -- Page 4
PSEC Use Agreement

REVIEWED BY:

Department Director: Andrew G. Mills
Aviation Department Director: Harry Barrett Jr.

Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles

ATTACHMENTS:

A. Agreement 23G306

Item 1F - Page 4
ATTACHMENT "A"
Item 1F - Page 5
PSEC FULL TIME USER AGREEMENT: CITY OF PALM SPRINGS
1 PSEC Use Agreement for
Full Time Incentive Rate Use
with the City of Palm Springs
Item 1F - Page 6
PUBLIIC mm OOERFRISE COMMUMIWIONI
PSEC FULL TIME USER AGREEMENT: CITY OF PALM SPRINGS
2 PSEC USE AGREEMENT FOR FULL TIME INCENTIVE RATE USE

This PSEC Use Agreement for Full Time Incentive Rate Use (“Agreement”) is made and entered into by and between the County of Riverside, a political subdivision of the State of California (“COUNTY”), and the City of Palm Springs (“AGENCY”), collectively “the Parties.”

RECITALS
WHEREAS, COUNTY operates, manages and maintains the Public Safety Enterprise Communication System (“PSEC System”) and all infrastructure equipment utilized to support “subscribers” on the PSEC System; Maintenance of subscriber equipment i.e. consoles, handheld radios, mobiles radios, cellular devices are not part of the subscriber monthly rate. If AGENCY chooses to utilize PSEC for maintenance, AGENCY will be required to enter into a separate agreement; and
WHEREAS, AGENCY desires to use the PSEC System, in compliance with the terms of this Agreement and without hindering the functionality or operation of the PSEC System; and WHEREAS, COUNTY is willing to grant AGENCY a limited license to access and use the PSEC System;
NOW THEREFORE, for good and valuabl e consideration, the receipt and adequacy of which is hereby acknowledged, COUNTY and AGENCY agree as follows:

I. Use Granted
Subject to and conditioned on AGENCY’s payment of the fees and compliance and performance in accordance with the terms and conditions of this Agreement, COUNTY grants to AGENCY and AGENCY hereby accepts a limited, nonexclusive, nontransferable, and non-assignable license for AGENCY owned subscribers (mobile or portable radios or dispatch consoles or cellular devices) to access and use, solely during the terms, as defined in Exhibit C, Statement of Work, which is attached and incorporated herein by this reference, the PSEC System. Subject to COUNTY’s approval, AGENCY may choose to add additional subscribers to the PSEC S ystem. Additional subscribers may impact the P S E C S ystem’s capacity thereby requiring the system to be expanded. Any P S E C System expansion costs incurred solely to support the additional AGENCY owned subscribers will be billed to the AGENCY.

The County of Riverside Board of Supervisors (the “Board”) retains ultimate legal and financial authority over the PSEC System; however, the Board, through the PSEC Charter, has delegated administrative, operational, and financial control to the PSEC Steering Committee. The PSEC Steering Committee provides governance and financial accountability. AGENCY agrees and acknowledges that AGENCY shall always comply with the terms of this Agreement and never hinder the functionality or operation of the PSEC System. Users of the PSEC System will abide by the direction/guidance provided by the PSEC Steering Committee.

Item 1F - Page 7
PSEC FULL TIME USER AGREEMENT: CITY OF PALM SPRINGS
3 Supervision over the provision of COUNTY services, the standards of performance and other matters incident to the performance of such services, shall remain with the COUNTY at all times. The full PSEC Governance Charter is available upon request.

II. Period of Performance
The initial term of this Agreement shall commence upon execution by both Parties and expire on December 31, 2028 (the “Initial Term”), unless earlier terminated in accordance with Section IV . This Agreement may be renewed in writing in one (1) five-year increment (“Renewal Term”) and is subject to approval by the COUNTY’s Board of Supervisors. The rates payable by AGENCY during a Renewal Term are defined in Section III of this Agreement.

III. Payment
PSEC System rates are reviewed and approved annually by the Board, with changes taking effect automatically on July 1 of each year. On July 1 of every year, the rates for PSEC System use and maintenance under this Agreement will automatically adjust based upon these new rates, in accordance with Riverside County PSEC Rate Guide, which is attached as Exhibit A of this Agreement, and incorporated herein by this reference. Specific to the Communication device rate (per user rate), the Board of Supervisors (Minute Order 3.29, ID 12322) on May 19, 2020 , approved an incentive program for net new users joining the PSEC System. This incentive program provides tiered percent discounts that are applied to the Board approved Communication device rate for the given year. AGENCY must pay the tiered percent/rate indicated in the year they sign and commit to the new Service Agreement. For example, if AGENCY enters into the Agreement with PSEC during FY22/23 (County fiscal year begins on July 1st of current year and ends on June 30th of the following year), it starts paying at 50% of the Board Approved Rate. AGENCY will pay the listed tiered percent/rate for each subsequent year of the Agreement until the program expires on June 30, 2025 , wherein the AGENCY will pay the f ull Board approved rate for that year and all future years. The Onboarding Incentive (below) table details the tiered percent available for the approved term through FY24/25.

Fiscal year FY20/21 FY21/22 FY22/23 FY23/24 FY24/25
Monthly Onboarding Percentage
of the Board Approved
Communication Device Rate
Payable by AGENCY
0% 25% 50% 75% 100%

Item 1F - Page 8
PSEC FULL TIME USER AGREEMENT: CITY OF PALM SPRINGS
4 COUNTY shall invoice AGENCY each month for AGENCY’s use of the PSEC System. Payment shall be due on the first day of each calendar month during the term of this Agreement. In the event AGENCY fails to make its monthly payment within thirty (30) days after the due date, a non-refundable late fee of three hundred dollars ($300.00) shall apply.

IV. Termination
Termination by COUNTY: COUNTY may terminate this Agreement without cause upon one-hundred-eighty (180) days written notice served upon AGENCY stating the ex tent and effective date of termination. Further, COUNTY shall have the right to immediately terminate this Agreement, after written notice of default by COUNTY and if not timely cured by AGENCY, if AGENCY: files for voluntary or involuntary bankruptcy for the adjudication of Agency as a debtor; makes a general assignment, or AGENCY’s interest hereunder is assigned involuntarily or by operation of law, for the benefit of creditors; fails to comply with the terms of this Agreement; or fails to comply with applicable law. AGENCY shall have thirty (30) days to cure any default, to the satisfaction of COUNTY, AGENCY’s breach or default under this Agreement after written notice from the COUNTY.

Termination by AGENCY: This Agreement may be terminated by AGENCY without cause, provided that AGENCY has given at least one-hundred-eighty (180) days prior written notice. Upon expiration or termination of this Agreement, all rights, licenses, consents and authorizations granted by COUNTY to AGENCY shall immediately terminate, and COUNTY may disable all access to the PSEC System.

V. Restrictions
The Use granted herein is for AGENCY, and AGENCY only. AGENCY shall not permit any other individual or entity access to or use of the license except as expressly permitted in this Agreement. Specifically, AGENCY shall not:

A. Enter into a separate agreement that provides any third-party access to the PSEC System; B. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or make available in any manner or form any part of this license, or access to and/or use of the PSEC System; C. Access or use the PSEC System in any manner, or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of any information obtained through the PSEC System), or that violates any applicable law; D. Bypass any security device or protection used to access the PSEC System, or access the PSEC System through any means other than by valid access credentials; E. Damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the PSEC System, including but not limited to, interference with the COUNTY’s access Item 1F - Page 9
PSEC FULL TIME USER AGREEMENT: CITY OF PALM SPRINGS
5 to or use of the PSEC System;
F. Otherwise access or use the Services beyond the scope of the authorization granted under Section I of this Agreement.

VI. Indemnification
AGENCY shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, and representatives (individually and collectively hereinafter referred to as “ Indemnitees”) from any liability, action, claim, or damage whatsoever, based or asserted upon any access and/or use of the PSEC System by AGENCY, its officers, employees, subcontractors, agents, or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, death, or any other element of any kind or nature. AGENCY shall defend the Indemnitees at its sole expense including all costs and fees (including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards) in any claim or action based upon such acts, omissions, or services. With respect to any action or claim subject to indemnification herein by AGENCY, AGENCY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of the County of Riverside; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes AGENCY’s indemnification to Indemnitees as set forth herein.

VII. Coverage Performance
The PSEC System provides extensive and robust coverage across Riverside County. However due to the nature of radio systems (i.e. variation in geography, location in relation to PSEC radio sites, time dependent obstructions, radio performance and many other factors) coverage cannot be guaranteed for every location within the County. Coverage performance also cannot be guaranteed within buildings. AGENCY must perform radio tests of the system to verify their coverage needs will be met prior to onboarding onto the system. By onboarding onto the PSEC System, AGENCY chooses to accept the PSEC System coverage as-is. If PSEC System coverage expansion is requested by the AGENCY, any associated costs will be at the AGENCY’s expense.

AGENCY subscribers using cellular devices on the Critical Connect System are subject to cellular coverage provided by a third-party cellular network provider. PSEC is not responsible for the coverage area or any outage due to the third-party cellular coverage.

VIII. Critical Connect System
The Critical Connect System is a cloud -based application, WAVE Mobile Communicator, provided by Motorola Solutions which turns your cellular device into a broadband push-to-talk device to communicate with other users of the PSEC System. AGENCY is responsib le for agreement with third -party cellular Item 1F - Page 10
PSEC FULL TIME USER AGREEMENT: CITY OF PALM SPRINGS
6 network provider and all associated costs for the cellular services provided by that agreement. An additional license with Motorola for the cellular device is required. AGENCY is responsible for setting up a child account with Motorola for AGENCY. AGENCY will be invoiced directly by Motorola Solutions, PSEC is not responsible for these costs.

The Critical Connect System is dependent on the user’s third -party cellular network connection and coverage is not guaranteed by PSEC.

PSEC does not recommend Critical Connect as the only form of communications for AGENCY and does not recommend Critical Connect for field level responders.

IX. Miscellaneous
A. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the Parties.

B. County’s Representative: COUNTY appoints its Executive Office delegate on the PSEC Steering Committee and the PSEC Steering Committee Chair, as its authorized representatives to administer this Agreement.

C. Notices: Notices required or given by either party shall be to the following:

COUNTY:

County of Riverside, PSEC
Trish Byrd, PSEC Manager
7195 Alessandro Blvd.

Riverside, CA 92506
(951) 955-1086
AGENCY
City of Palm Springs, Palm Springs Police Department
Melissa Cain, Police Captain
200 S. Civic Drive
Palm Springs, CA 92262
(760) 323-8128

D. AGENCY shall not delegate or assign any interest in this Agreement, whether by operation of law or otherwise, without the prior written consent of COUNTY. Any attempt to delegate or assign any interest herein shall be deemed void and of no force or effect.

E. Any waiver by COUNTY of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term of this Agreement. Failure on the part of COUNTY to require exact, full, and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms or preventing COUNTY from enforcement of the terms of this Agreement.

Item 1F - Page 11
PSEC FULL TIME USER AGREEMENT: CITY OF PALM SPRINGS
7 F. AGENCY shall comply with all applicable Federal, State and local laws and regulations.

AGENCY will comply with all applicable COUNTY policies and procedures. In the event there is a conflict between the various laws or regulations that may apply, the AGENCY shall comply with the more restrictive law or regulation.

G. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the Parties waive any provision of law providing for a change of venue to another location. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

H. This Agreement, including any attachments or exhibits, constitutes the entire agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. This Agreement may be changed or modified only by a written amendment signed by authorized representatives of both Parties.

I. For Critical Connect System users, Critical Connect is a cloud-based application which turns your device into a broadband push-to-talk device that can communicate with others on the PSEC system.

X. Maintenance
COUNTY will maintain all PSEC infrastructure. Maintenance of any additional equipment including but not limited to AGENCY’s consoles and subscriber equipment will be covered in Exhibit B, Support and Maintenance. All maintenance and repair of cellular devices will be the responsibility of the AGENCY.

XI. Electronic/Digital Signatures
This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transaction s Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force an d effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically Item 1F - Page 12
PSEC FULL TIME USER AGREEMENT: CITY OF PALM SPRINGS
8 associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement.

COUNTY: AGENCY:

COUNTY OF RIVERSIDE CITY OF PALM SPRINGS

By: By:

Name: Kevin Jefferies Name: Scott C. Stiles
Title: Chair of the Board Title: City Manager

Dated: Dated: _________________

APPROVED BY CITY COUNCIL:

Date: ___________ Item No. _______

By: ____________________________ APPROVED AS TO FORM:

Name: Tony Conrad
Title: PSEC Chair By:_____________________________ City Attorney

Dated: _________________ ATTEST:

By:_____________________________
City Clerk

APPROVED AS TO FORM:

Minh C. Tran
County Counsel

By:

Amrit P. Dhillon
Deputy County Counsel

Item 1F - Page 13
PSEC FULL TIME USER AGREEMENT: CITY OF PALM SPRINGS
9 EXHIBIT A

PSEC BOARD APPROVED RATES
Per the Onboarding Incentive approved by the Riverside County Board of Supervisors, the published rate guide reflects a cost of $102.62 for each voice radio user (listed as “Incentive Radio”) for FY23/24.

Item 1F - Page 14
SERVICE DESCRIPTION DEFINITION FY 23/24 RA TE UNIT
Subscriber
M ont hly charges fo r th e base conso'lette ,
Device - Emergency radio consoles, mobile, po rtable radio unit and $27 .37 Per Device per M ont h criti cal connect device
Mont hly charges fo r th e base conso'lette ,
Refe r t o Use Device - Holiday radio consoles, mo bile, porta ble radio unit and Per Device per M ont h critical connect device Agreement
Mont hly charges fo r the base conso'lette ,
Device - Comm unicat ion device consoles, mo bile, porta ble radio unit and $136.83 Per Device per M ont h critical connect device
M ont hly charges fo r the base conso'lette ,
Device - Incent ive radio consoles, mo bile, po rtable radio unit and $ 102.62 Per Device per M ont h critical connect device
Vehicle
Vehicle Repai rs I M aterial and Shipping !Actual Cost (Shipping & M ate rials) Technician
Techn ician Expert Time - REG (during rrechn ician Expert t ime (REG) t o cover business hours) work done outs ide of PSEC Use $78.52 Per Hour Agreemen t
Techn ician Expert Time - OT (after rrechn ician Expert Overti me to cover work $83 .88 Per Hour business hours) done outside of PSEC Use Agreem ent Microwav e and Site
Rack Set rate for monthly f ull rack mo unt $ 523.56 Per M ont h charge Half Rack Set rate fo r monthly half rack mo unt
charge
$261.78 Per M ont h
Floor Space
Set rate for monthly square foot age
$ 523.56 Per M ont h charge exclu ding ra ck space
Ant enna M ounted Low er Set rate for monthly LMR ant enna lowe r $300.00 Posit ion of t he ant enna per mont h
Ant enna Mo unted M iddle Set rate for monthly LMR antenna middle $600 .00 Posit ion of t he ant enna per
mont h
Ant enna Mo unted Top Set rate fo r monthly LMR anten na t op $900 .00 Posit ion of t he ant enna per mont h
M ile-Tl M ont hly charge per Tl circuit mile $13 .74 Per mile per mo nt h M ile-Analog M ont hly charge per ana'log cirrn it mile for $0 .89 Per m ile per mo nt h microwave t ransmi.ssion
Applicat ion Fee
Applicat ion f ee for FCC licensing or fo r
Actual Cost Per app licat ion permits
Technology Engineering
Engin eerin g Expert Time - REG (during
Enginee~ing Expert Time (REG) t o cover
work done outs ide of PSEC Use $ 122.79 Per Hour
business hours) Agreeme nt
Engin eerin g Expert Time - OT (after Enginee~ing Expert Overtime to cove r work done outs ide of PSEC Use $135.3 1 Per Hour
business hours) Agreemen t
PSEC FULL TIME USER AGREEMENT: CITY OF PALM SPRINGS
10 EXHIBIT B

SUPPORT AND MAINTENANCE

1. COUNTY maintenance and support of AGENCY’s fleet of subscriber equipment will include the services listed below as part of the monthly subscriber rate paid to the COUNTY.

AGENCY is responsible for scheduling all maintenance and for transporting radios to PSEC facility.

Radios/Consoles
• Firmware/Software upgrades mandated by COUNTY
• County initiated codeplug updates*
Any radio or console repairs not covered by a separate subscriber (consoles/radios) maintenance agreement with PSEC, will be billed at the Board Approved Rate. If parts are needed as part of the repair, all parts will be billable.

Any AGENCY driven changes, including console configuration files (ELT)/codeplug modifications, will be billed on a time & material basis per board approved rates. Items not listed as covered under this Agreement will be subject to additional cost on a time and material basis per Board approved rates.

2. Any changes to ELT/code plugs shall be reviewed by COUNTY to ensure no adverse impact on the overall system.

3. AGENCY and COUNTY will coordinate all firmware and software upgrades of subscribers (portable, mobile or consoles) prior to AGENCY action. AGENCY is responsible for ensuring that all console and subscriber equipment firmware and software version remains compatible with the current and future PSEC System release versions. Any upgrades and/or replacement of console or subscriber equipment to maintain combability with the PSEC System is the sole responsibility of the AGENCY.

4. For users of the Critical Connect System, COUNTY will notify AGENCY if an update to the Wave Mobile Communicator Application is available, AGENCY will be responsible to update the WAVE Mobile Communicator Application on cellular device when an update is available.

5. Encryption key may be changed by COUNTY when required.

Item 1F - Page 15
PSEC FULL TIME USER AGREEMENT: CITY OF PALM SPRINGS
11 6. If radio is lost or stolen, and AGENCY chooses to deactivate the radio, contact can be made 24x7 to PSEC’s on-call technicians. On-call contact information is distributed to all PSEC customers on a weekly basis.

7. For users of the Critical Connect System, AGENCY is responsible for immediately notifying PSEC if a cellular device is lost or stolen.

8. For users of the Critical Connect System, the device is tied to a phone number, AGENCY is responsible for notifying PSEC within five (5) days if the phone number is transferred to a new user.

9. The COUNTY utilizes over-the-air tools to evaluate whether radios operating on the system are doing so within their factory rated specifications. Subscribers that operate outside of the factory specification tolerance can cause interference and degrade audio quality performance on the radio system. The COUNTY will notify the AGENCY of radios that are performing outside of their factory rated specifications and the AGENCY will be required to have radio serviced with their service provider prior to impacting the system or system users. If a subscriber piece of equipment is determined to be detrimental to the system or other PSEC user(s) the equipment will be removed and or deactivated from the system.

10. AGENCY must maintain an updated record of subscriber/Console firmware and software changes.

11. PSEC Facility Maintenance Operations
Subscriber repair covered under a separate agreement will be provided during normal business hours at one of the three PSEC radio shops. Drop off service for portable and mobile radios is available during normal business hours on appointment basis only. Radio shop contact information is listed below.
• 7195 Alessandro Blvd., Riverside, CA 92506
(951) 955-3644
• 82695 Dr. Carreon Blvd., Indio, CA 92201
(760) 863-8999
• 249 N. Spring Street, Blythe, CA 92225
(760) 921-5087 or (760) 921-5079
Item 1F - Page 16
•
•
•
PSEC FULL TIME USER AGREEMENT: CITY OF PALM SPRINGS
12 Normal business hours are: Mon - Thurs 7:00 a.m. to 4:30 p.m. and Friday 7:00 a.m. to 3:30 p.m. excluding holidays. PSEC does have 24x7 maintenance technicians available for emergency repairs. Contact can be made to COUNTY’s on-call technicians. On-call contact information is distributed to all PSEC customers on a weekly basis.

12. COUNTY does not keep cache spares. AGENCY should have spares in the event equipment cannot be repaired in shop and may need to be shipped back and/or there is a prolonged waiting period for factory repair.

13. ADDITIONAL EQUIPMENT PURCHASES AND FEES
Additional equipment purchases are considered any equipment purchases/orders/added after the signing of the Agreement.

Additional equipment purchases, the initial mandatory setup fee and future AGENCY requested changes (i.e. ELT/code Plug changes driven by the Agency) are not included in the monthly subscriber rate and will be invoiced separately.

All radios purchased will require an Advanced System Key (ASK) feature. This includes Motorola, Harris, EF Johnson and any others.
• All radios purchased to operate on PSEC System must have hardware system key enabled and COUNTY will be the keeper of that key.
• All radio types and/or manufacturers must be pre-approved to come on the PSEC System by COUNTY prior to purchase.

For Critical Connect System users, all cellular device purchases, Critical Connect System license and costs for associated service contracts with cellular network providers are the responsibility of the AGENCY and are not included in the monthly subscriber rate.

14. APPROVED EQUIPMENT as of July 1, 2022
The following equipment has been approved by COUNTY for use on the PSEC Radio System:
• Motorola MCC7500/E Console (Revision 21.8.5)
• Motorola APX Consolette (Firmware 26.03.00)
• Motorola APX Series 4000 Portables (Firmware 26.03.00) • Motorola APX Series 6000 Mobiles and Portables (Firmware 26.03.00)) • Motorola APX Series 7000 Mobiles and Portables (Firmware 26.03.00) Item 1F - Page 17
PSEC FULL TIME USER AGREEMENT: CITY OF PALM SPRINGS
13 • Motorola APX Series 8000 Portables and Mobiles (Firmware 26.03.00) • Harris XL-45 (Firmware Version R12H)
• Harris XL-95 (Firmware Version R12H)
• Harris XL-145 (Firmware Version R12H)
• Harris XL-200 (Firmware Version R12H)
• Harris Unity (Firmware version-XGPRO6K07_XG100P)
• Kenwood VP 6430 Firmware 8.34.16
• Kenwood VP5430 Firmware 8.34.16
• Kenwood NX5400 Firmware 8.34.16
• Kenwood VP 900 Firmware 8.34.16

All equipment to be used on the PSEC System MUST be pre-approved by COUNTY prior to operation on the System. Although the COUNTY has evaluated the provided list of approved subscribers for System compatibility, the COUNTY is not responsible for any issues encountered by AGENCY with these subscribers that are deemed to be a manufacturer issue.

It is the responsibility of the AGENCY to test manufacturer subscribers, not included on the approved list, and obtain assurance from the manufacturer that their subscribers can operate on the PSEC Radio System per the AGENCY’s and COUNTY’s requirements. AGENCY may request the COUNTY to test other manufacturer’s equipment to be used on the PSEC Radio System, depending on the level of testing required these services may be billed at the Board approved rates.

15. CALL OUTS
• COUNTY shall provide 24-hour service support for COUNTY maintained and operated infrastructure related issues and equipment.
• AGENCY owned infrastructure issues and equipment are the responsibility of the AGENCY. After-hours call out radio repair service that is not covered by a separate agreement for single subscriber issues must be deemed an emergency and will be billed at the Board approved rate.
• If AGENCY has a need for after-hours radio repair service, that service will be billed at a time and material rate in accordance within EXHIBIT A “PSEC BOARD APPROVED RATES”.

Item 1F - Page 18
PSEC FULL TIME USER AGREEMENT: CITY OF PALM SPRINGS
14 16. SPECIAL PROVISIONS

• If AGENCY wants to program their own radios, they must sign the Advanced System Key (ASK) agreement.
• AGENCY does not have the authority to program radio subscriber equipment for other agencies, including Federal agencies, without previous authorization from PSEC. • This Agreement only authorizes devices that are APCO P25 Phase II TDMA (time division multiple access) compliant. FDMA (frequency division multiple access) radios are not authorized on the PSEC Radio System.

Item 1F - Page 19
PSEC FULL TIME USER AGREEMENT: CITY OF PALM SPRINGS
15 EXHIBIT C

STATEMENT OF WORK

This Statement of Work between the AGENCY and COUNTY describes the duties of each of the Parties.

The AGENCY is requesting to join the PSEC Radio System as a full-time user with a total of 492 AGENCY owned subscribers.

The AGENCY’s area of operation will be covered by the Palm Springs Simulcast cell(s). The coverage provided by the PSEC Radio System is “as is”. This Agreement does not provide any coverage guarantees. It is the responsibility of the AGENCY to test their area of operation and determine if it meets their needs prior to joining the PSEC Radio System. For the Critical Connect System, coverage is dependent upon the user’s third-party cellular network connection and coverage, capacity and uptime is not guaranteed by PSEC.

COUNTY will develop the fleet map, review vendor created codeplug, and activate the IDs on the network for AGENCY. These costs are listed in the Cost Estimate Table in EXHIBIT A “PSEC BOARD APPROVED RATES,” of this Agreement.

Talkgroups
AGENCY will follow the COUNTY’S naming convention for talkgroup development. COUNTY will work in conjunction with AGENCY to develop the talkgroup structure for the AGENCY. COUNTY and AGENCY will jointly design and develop radio personalities for use on the PSEC System.

AGENCY represents by entering into this Agreement, that all their equipment conforms to the specifications of the PSEC System and AGENCY will abide by all programming guidelines set forth in this Agreement. All subscriber equipment on the PSEC System must support system key technology that will allow only authorized persons to program subscriber radios on the system.

County Responsibilities:

• COUNTY will hold the license for all master system key technologies and will provide child keys to AGENCY for radio programming.

Item 1F - Page 20
PSEC FULL TIME USER AGREEMENT: CITY OF PALM SPRINGS
16 • All subscribers (mobile, portable, and consolette) Logical Identification Numbers (LID) are defined and issued by the COUNTY. LID numbers are the intellectual property of the COUNTY and must be surrendered at termination of this Agreement. • COUNTY will engrave all portables and mobiles with PSEC Trunked radio unit IDs.

Agency Responsibilities:

• AGENCY agrees that all their equipment conforms to the specifications of the PSEC System and will abide by all programming guidelines set forth.
• All subscriber equipment on the PSEC System must support Advanced System Key technology that will allow only authorized persons to program subscriber radios on the system. • AGENCY is solely responsible for procuring all equipment and services related to implementing their dispatch centers.

Item 1F - Page 21

CITY COUNCIL STAFF REPORT
10/26/2023
SUBJECT:

APPROVAL OF PROFESSIONAL SERVICE AGREEMENT NO. 23P319 WITH KOUNKUEY DESIGN INITIATIVE, INC. IN AN AMOUNT NOT TO EXCEED $325,000 TO UPDATE THE PARKS & RECREATION MASTER PLAN
RECOMMENDATION:

Approve Professional Services Agreement No. 23P319 with Kounkuey Design Initiative, Inc. to provide an update to the Parks & Recreation Master Plan for an amount not to exceed $325,000

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

Attachments
Item 1G

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 26, 2023 CONSENT CALENDAR

SUBJECT: APPROVAL OF PROFESSIONAL SERVICE AGREEMENT NO. 23 P319 WITH KOUNKUEY DESIGN INITIATIVE, INC. IN AN AMOUNT NOT TO EXCEED $325,000 TO UPDATE THE PARKS & RECREATION MASTER PLAN

FROM: Scott C. Stiles, City Manager

BY: Parks & Recreation Department

SUMMARY:

This action requests Council to approve a one-year agreement with Kounkuey Design Initiative, Inc. (KDI) to conduct comprehensive community outreach to update the Parks & Recreation Master Plan in an amount not to exceed $325,000.

RECOMMENDATION:

1. Approve Professional Services Agreement No. 23 P319 (Attachment A) with Kounkuey Design Initiative, Inc. to provide an update to the Parks & Recreation Master Plan for an amount not to exceed $325,000.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form s (Attachment B) Kounkuey Design Initiative, Inc., (KDI) is a California Non-profit 503C corporation.

BACKGROUND:

The primary purpose of the City of Palm Springs’ Parks & Recreation Master Plan effort is to update and refresh the 2014 Master Plan document and provide a new implementable plan with short- and long-term goals and objectives for City staff, Parks & Recreation Commission, and the City Council for the improvement and development of the City’s park system, athletic fields and courts, open space, golf courses, trails, recreation facilities including the Swim Center and recreation programs. The Parks and Recreation Master Plan document will be reflective of serving the unique demographics of the community/region, including low-income, minority and special-needs populations.

Item 1G - Page 1
City Council Staff Report
October 26, 2023 – Page 2
Agreement with Kounkuey Design Initiative for Parks & Recreation Master Plan

The Consultant hired will work closely with City staff, the Parks & Recreation Commission, Ad-Hoc groups, the public, stakeholders, and other planning consultants in preparing and developing the priorities for the Parks & Recreation Master Plan. The Consultant will create a draft document for review and approval by the Parks & Recreation Commission and City Council. The completed Parks & Recreation Master Plan will become an element of the City’s Comprehensive General Plan and will guide the City towards achieving excellence in providing world- class parks and recreational amenities for year -round residents and visitors to the region.

STAFF ANALYSIS:

On July 31, 2023, the Procurement and Contracting Department issued Request for Qualifications 21-23 for Parks & Recreation Master Plan Update. Three qualified firms submitted proposals by the August 31, 2023, deadline. Firms submitting proposals were as follows:
• Kounkuey Design Initiative (KDI), Coachella, CA
• KTUA, San Diego, CA
• BerryDunn; Phoenix, AZ

An evaluation committee consisting of City of Palm Springs employees from Park s & Recreation, Planning, and the Sustainability departments scored the proposals against the criteria published in the Request for Qualifications , which consisted of firm’s experience, team’s experience, understanding of scope, local preference, and cost . The evaluation committee then interviewed all three firms on October 3, 2023, and scored the interviews.

Scores from the proposals and interviews were combined for final scores and Kounkuey Design Initiative (KDI) was the highest scoring firm. Kounkuey Design Initiative’s (KDI) cost was over the department’s estimated budget for this project, so a best and final offer was requested from the firm before finalizing the decision for award recommendation.

Kounkuey Design Initiative’s (KDI) was able to reduce their cost and after reaching a fair and reasonable price for the scope of the work, staff recommends award of a contract to Kounkuey Design Initiative, Inc. (KDI) for this planning initiative.

The work is expected to be completed in one year , so a new master plan document is anticipated to be in place by the end of the 2024 calendar year.

ENVIRONMENTAL ASSESSMENT
:

The requested 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 Item 1G - Page 2
City Council Staff Report
October 26, 2023 – Page 3
Agreement with Kounkuey Design Initiative for Parks & Recreation Master Plan

environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that 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.

ALIGNMENT WITH STRATEGIC PLANNING
:

This item aligns with City Council Priority 2A, Improve City Facilities and master planning for Parks & Recreation.

FISCAL IMPACT
:

Expenditures under this agenda item will span both fiscal year 2023- 2024 (FY24) and fiscal year 2024- 2025 (FY25). Expenses during FY24 will be utilized from the City’s General Fund Parks & Recreation Department’s operating budget account #1004500.

REVIEWED BY:

Department Director: Yvonne Wise
Procurement and Contracting Director: Kim Baker
Assistant City Manager Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Professional Services Agreement 23P319
B. Public Integrity Disclosure Form

Item 1G - Page 3

ATTACHMENT A

Item 1G - Page 4

Page 1 of 21 ends

CONSULTING SERVICES AGREEMENT 23P319

PARKS & RECREATION MASTER PLAN UPDATE

THIS AGREEMENT FOR CONSULTING SERVICES (“Agreement”) is made and entered into on November 1, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Kounkuey Design Initiative, Inc., a California Non- profit 503C Corporation, (“Consultant”) . City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires t he services of a master planner, for an update of the City’s Parks and Recreation Master Plan, (“Project”).

B. Consultant has submitted to City a proposal to provide Parks and Recreation Master Plan Update Services, to City under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Consultant for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consi deration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONSULTANT SERVICES

1.1 S cope of Services . In com pliance with all terms and conditions of this Agreement, Consultant shall provide Parks and Recreation Master Plan services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated by reference (the “Services ” or “ Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent w ith the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession cur rently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance w ith Law . Consultant shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

Item 1G - Page 5

Page 2 of 21 ends

1.3 Licenses and Permits . Consultant shall obtain at its sole cost and exp ense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.

1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon s chedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non- performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the P arty responsible for the delay.

3. COMPENSATION OF CONSULTANT

3.1 Compensation of Consultant. Consultant 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 $325,000.

3.2 Method of Payment . In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payme nts shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agree ment, within thirty (30) days of re ceipt of Consultant’s invoice.

3.3 Changes . In the event any change or changes in the S cope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents , work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year . If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

Item 1G - Page 6

Page 3 of 21 ends

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A .” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under thi s Agreement may be extended because of any delays due to a Force Majeure Event , if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Co nsultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances , emergency p roclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Co nsultant notification, t he Contract Officer shall investigate the facts and the e xtent of any necessary delay and extend the time for performing the S ervices for the period of the enforced delay when and if , in the Contra ct Officer’s judgment, such delay i s justified. The Contract Officer’s determinatio n shall be final and conc lusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City ma y still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in ful l force and effect for a period of one year , commencing on November 1, 2023, and ending on October 31, 2023, unless extended by mutual written agreement of the parties.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant . W here termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter tim e as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Co nsultant's deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the City's corrective action.

Consultant may not terminate this Agreement except fo r cause upon thirty (30) days written notice to City.

Item 1G - Page 7

Page 4 of 21 ends

5. COORDINATION OF WORK

5.1 Representative of Consultant . The follow ing principal of Consulta nt is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified Services and work: Chelina Odbert , CEO + Founding Principal . It is expressly understood that the experie nce, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the f oregoing principal shall be responsible during the term of this Agreement fo r direct ing all activities of Consultant and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

5.2 Contract Officer. The C ontract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services . Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition A gainst Subcontracting or Assignment . The experienc e, knowledge, education, capability, and reputation of Consultant , its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitte d to subcontract any part of this Agreement by City, Consultant shall be res ponsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Consultant. N either City nor any of its employees shall have any control over the manner, mode , or means by which Consultant , its agents or employees, perform the Services required, except as otherwise specified . Consultant shall perform all required Services as an independent Consultant of City and shall not be an employee of City and shall remain at all times as to City a wholly independent Consultant with only such obligations as are consistent with that role; however, City shall have the right to review Consultant’s work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Consultant shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel , including, but not limited to: social security ta xes, income tax withholdi ng, unemployment insurance, and workers’ compensation insurance. Consultant shall not have any authority to bind City in any manner.

5.5 Personnel. Consultant agrees to assign the following individuals to perform the Services in this Agreement. Consultant shall not alter the assignment of the following personnel Item 1G - Page 8

Page 5 of 21 ends

without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unr estricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant.

Name: Title:

Chelina Odbert CEO + Founding Principal
Mario Benito Senior Design Principal
Christian Rodriguez Senior Community Associate
Gina Ford Principal, Landscape Architect
Brie Hensold Principal, Urban Planner
Mike Svetz Principal

5.6 California Labor Code Requirements.

A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. a nd 1770 et seq., which r equire the paym ent o f prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “pub lic works” or “maintenanc e” proj ect, as de fined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully c omply with such Prevailing Wage L aws. Consul tant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged fa ilure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of appr entices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, t hen pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant ’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Item 1G - Page 9

Page 6 of 21 ends

6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 In demnification. To the ful lest ex tent per mitted by law, Consultant shall defend (at Consultant ’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indem nified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “ Claims”), including but not limi ted to Claims arising from injuries to or death of persons ( Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or i n any manner arising out of, pert aining t o, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant , its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be constru ed to limit Consultant ’s indemnification obligation or other liability under this Agreement. Consultant ’s indemnification obligation shall survive the expiration or earlier termination of this Agreement unti l all actions against the Indemnified Parties fo r such matters indemnified are fully and fi nally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligat ion to defend, indemnify, and/or hold har mless arises out of Consultant ’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully i ncorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant ’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.

8.2 Records. Consultant shall keep com plete, accurate, and detailed ac counts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement a nd enable the Contract Of ficer to evaluate the performance of such Item 1G - Page 10

Page 7 of 21 ends

Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit , and make records and transcr ipts from such records.

8.3 Ownership of Do cuments. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents.

8.4 Release of Documents . All drawings, specificat ions, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contr act Officer.

8.5 Audit and Inspection of Records . After receipt of reasonable no tice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, c opy, audit, and inspect al l accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, d ata, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Ag reement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concern ing any dispute, claim , or matter arising out of or in relation to this Agreement shall b e instituted in the Superior Court of the County of Riverside , State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. Th e terms of this Agreement are contractual and th e result of negotiation be tween t he Parti es.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this A greement. The capti on headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

Item 1G - Page 11

Page 8 of 21 ends

9.3 Waiver. N o delay or o mission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cu mulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative . The exercise by either P arty of one or more of such r ights or remedies shall n ot prec lude the e xercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addition to any other rights or remedies, either Pa rty may take legal action, in law or in equity, to cure, correct , or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 A ttorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non- judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover fro m the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees . No officer or employee of City shall be personally liable to the Consultant , or any s uccessor-in-interest, in the even t of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant 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. Consultant warrants that Consultant 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.

10.3 Covenant Against Discrimination . In connection w ith its performance under this A greement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e ., place of origin, immigration status, cultu ral or linguist ic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basi s”). Consultant shall ensure 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 Item 1G - Page 12

Page 9 of 21 ends

Agreement, and in executing this Agr eement, Consultant certifies that its actions an d omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment a dvertising; layoff or term ination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, inc luding without limitation the pr ovision of benefits, relating to non- discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is require d to give to the other Par ty or a ny other pe rson shall be in writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated sev enty-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262

To Consultant: Kounkuey Design Initiative, Inc.

Attention: Chelina Odbert
1515 6
th Street
Coachella, CA 92236

11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and can cels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or amo ng the P arties with respect to the subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of this Agreement s hall be binding unless through written agreement by all Parties.

11.4 Severability. Whenever possible, each provi sion of thi s Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared inva lid or une nforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpre ted to carry out the intent of the parties.

11.5 Successors in Interest . This Agreement shall be binding upon and inure to the Item 1G - Page 13

Page 10 of 21 ends

benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary . Except as may be expressly provided for in t his Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any r ights as a third -party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The persons executing this Agreement on behalf of the P arties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

11.10 Compliance with Economic Sanctions in R esponse to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall als o certify compliance with the Russian Sanctions Program by completing the form provided in the solicitation process (Russian Sanctions Certifi cation), attached hereto and incorporated herein by reference. Consultant shall also r equire any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

[SIGNATURES ON NEXT PAGE]
Item 1G - Page 14

Page 11 of 21 ends

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND KOUNKUEY DESIGN INITIATIVE, INC.

IN WITNESS WHEREOF, the P arties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 1G - Page 15

Page 12 of 21 ends

EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance
Item 1G - Page 16

Page 13 of 21 ends

SCOPE OF WORK

1.1. Background:

The C ity of Palm Springs is a world-class resort destination that is home to 45,000 residents with a population that triples during the cooler months (November – March).

The City has a rich history of great mid-century architecture, high style, and a strong commitment to provide exceptional parks, trails, and urban recreation spaces The primary purpose of the Parks and Recreation Master Plan is to update and refresh the 2014 Master Plan and provide a new implementable plan with short- and long-term goals and objectives for city staff, Parks and Recreation Commission, and the Cit y Council for the improvement and development of the City’s park system, athletic fields and courts, open space, golf course, trails, recreation facilities and recreation programs. The Parks and Recreation Master Plan document will be reflective of s erv ing the unique demographics of the community/region, including low-income, minority and special- needs populations.

The Co nsultant will work closely with city staff, the P arks and Recreation Commission, and the public, and other planning consultants, in preparing and developing the priorities for the Master Plan. The Consultant will create a draft document for approvals by the Parks and Recreation Commission and the C ity Co uncil. The Parks and Recreation Master Plan will become an element of the Comprehensive General Plan.

1.2. Scope:

A. General - The Consultant will perform the following tasks, among other items;

1. Collect and analyze data to develop goals, policies and standards f or the city’s park system, open space, trails, golf courses, recreation facilities and program development.

2. Identify needs for future park space and facility needs (i.e. aquatic center, skate parks, community centers, dog parks, tennis courts, pickleball courts, athletic fields, indoor/outdoor recreation).

3. Research and identify potential revenue generating activities that may affect park design.

4. Identify potential future park and facility sites for development.

5. Prepare conceptual park plans to illustrate new park layouts, redesign of current parks, or other items such as to illustrate park system design, space allocation, and facility locations.

6. Conduct a variety of public participation meetings to gain input and consensus on the master plan in in-person and virtual formats to engage the needs of diverse stakeholders.

B. Public Process

1. Identify, describe and implement a comprehensive strategy and methodology for citizen involvement in this Master Plan development process.

2. Assure the residents, user groups, associations, and other stakeholders that they are provided an opportunity to participate in the development of this plan.

3. Conduct at least four public meetings and a minimum of four focus groups (participants to be determined) and individual stakeholder interviews.

Item 1G - Page 17

Page 14 of 21 ends

4. Act as professional facilitators to gather specific information about services, use, preferences and any agency strengths, weaknesses, opportunities and threats.

5. Provide well -organized and directed activities, techni ques and form ats that will ensure that a positive, open and proactive public participation process is achieved.

6. Provide written records and summaries of the results of all public process and communications strategies.

7. Help to build consensus and agreement on the plan and if consensus is not possible, provide information for informed decision making for the Commission and Council.

8. Provide methods to hear from as many people as possible, including users and non users of the services and facilities.

C. Statistically Valid Survey
Provide a city-wide community survey to identify community needs and issues on the recreation and park programs and facilities. This survey will be used as a baseline to determine needs, desires, and willingness to pay for services.

D. Demographic Trends
Review and interpr et demographic trends and c haracteristics of the City of Palm Springs using information from the City of Palm Springs Comprehensive General Plan and other regional, local, and Parks and Recreation sources.

E. Existing and Future Facilities-Analysis of Level of Service Compile an inventory and assessment of the existing parks, trails, open space and facilities. The assessment will include a comparative analysis to communities of similar siz e, desert climate, and population density using nationally accepte d standards. The analysis should consider the capacity of each amenity found within the system (playgrounds, aquatic center, community centers, athletic fields, trails, natural areas, special facilities, etc.) as well as functionality, accessibility, condition, comfort and convenience. Each amenity should be evaluated regarding its service from both a resident and a visitor perspective. Evaluation criteria should be bas ed on the expressed values of the community. The analysis will also include identification of best possible providers of c ommunity and recreation services and recommendations for minimizing duplication and enhancing possibilities for partnerships where appropriate.

F. Research and identify potential revenue generation opportunities

1. Based on state and national trends, identify new facilities, or redesign of existing facilities that can create new revenue to off-set park maintenance and operations costs.

2. Provide analysis of programs, sports tournaments, special events, and other community service trends and provide recommendation s for the City of Palm Springs.

G. R ank and Prioritize Demand and Opportunities

1. Prioritize r ecommendations regarding land acquisition, and/or the redesign or development of existing parks, trails, open space, and recreation facilities.

Item 1G - Page 18

Page 15 of 21 ends

2. Develop a set of pr ioritized recommendations for maintenance and renovation of parks, trails and recreation facilities.

H. Analysis of Programs and Services

1. Provide an assessment and analysis of the Parks and Recreation Department’s current level of recreation programs, servi ces, and maintenance in relation to industry standards, present and future goals, objectives and directives.

2. Provide recommendations for new programs and services, minimizing duplications or enhancing possibilities for collabor ative partnerships where appropriate.

3. Provide an assessment of the City’s current funding sources for Parks & Recreation, including capital projects, donations, grant funding, etc., as well as the annual funding of the Parks & Recreation Department.

4. Provide an assessment of the City’s staffing resources for the Parks & Recreation Department to meet the goals, mission and vision of implementing the Master Plan.

I. Action Plan

1. Collect and analyze demographic information for the community.

2. Collect and analyze information on participation, needs, desires, operations, programming and land use trends and make Level of Service recommendations.

3. Identify areas of service shortfalls and projected impact of future trends.

4. Provide useable and workable definitions and recommendations for designated park and open space with acreages and parameters defined as appropriate.

5. Develop recom mendations f or operations, staffing, maintenance, programming and funding needs.

6. Provide a clear plan for development of programming direction based on standards and demand analysis.

7. Develop a definitive program for acquisition and development of parkl and, recreation facilities, open space, trails and parks maintenance and administration of facilities for the future.

8. Provide a maintenance and operation analysis.

9. Develop an action plan which includes strategies, priorities and an analysis of budget support and funding m echanisms for the short te rm, mid-term and long term for th e park system, open space, trails and recreation programs and services.

J. Development of Final Plans and Supporting Materials

1. Plan must include written goals, plans, objectives, and policy stat ements that articulate a clear v ision and “road map” and model for the Parks and Recreation Department’s future.

2. Charts, graphs, maps and other data as needed to s upport the plan and its presentation to the appropriate audiences.

3. A prioritized Action Plan that is clearly implementable with short- and long(er)- term steps and funding resource and staffing strategies to achieve the vision.

Item 1G - Page 19

Page 16 of 21 ends

4. Presentations as needed for public and the Parks and Recreation Commission and City Council approvals.

5. An Executive Summary with 15printed hard copies and an electronic PDF format copy for the city’s website.

6. Electronic copies of the draft and final report and fifteen ( 15) hard copies of the final document.

K. Items to be provided by the City of Palm Springs

1. A City of Palm Springs Project Manager (Parks and Recreation Director)

2. Copies of all existing studies, plans, programs, and other data including the City of Palm Springs Comprehensive General Plan and access to all applicable records

3. Assistance with scheduling and on- going meetings.

4. Assistance with Consensus Building process.

5. Assistance with approval processing.

1.3. Schedule:

Work will commence in late 2023 and shall be completed over a period not to exceed 12 months unless approved in writing.

1.4. Compensation:

Work will be compensated on a lumpsum basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1G - Page 20

Page 17 of 21 ends

Item 1G - Page 21
ATTACHMENT "G"

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 21-23)

PARKS MASTER PLAN PLANNING SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOTwith Electronic File #1, Technical/Work Proposal*) ITEM DESCRIPTION Unit of TOTAL
Measure
1 Master Plan per Scope of Work Lumpsum $325 000
Certified by: __ c_he_l_in_a_O_d_b_er_t,_C_E_O_+_F_o_u n_d_in_g_P_r_in_ci_p_al_o_f _K_ou_n_k_ue_y_D_e_s_ig_n_l_ni_tia_t_iv_e_, l_nc_. __ Kounkuey Design Initiative, Inc. Firm Name: __________________________ _ Signature of Authorized Person:-~- -~-· :".s __ l~~; __ --_-_· ____________ _ Printed Name: __ c_he_l_in_a_O_d_b_er1 ___________________ _ Title: ___ c_E_o_+_F_o_un_d_in_g_P_r_in_ci_p_a1 __________________ _ October 1 0, 2023 Date: __________________________ _
Please Note: T his Best and Final Offer includes one (1) change in the proposed scope.

Our sub consultant ETC, as initially proposed, will still deliver a statistically valid survey.

However, the number of respondents will be decreased from 500 to 400 with the change in fee.

Page 18 of 21 ends

EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 1G - Page 22

Page 19 of 21 ends

INSURANCE

1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and proper ty damage insurance against all claim s fo r inju ries against persons or damages to propert y resulting from Consultant’ s performance under this Agreement.

Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit co ncurrently with its execution of this Agr eement.

Consultant shall also carry workers’ compens ation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agr eement, incl uding any extensions. Such i nsurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected offici als, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of Services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same sha ll not be construed as a limitation of Consultant’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. M inimum Scope of Insuranc e. The minimum amount of insurance requir ed under this Agreement shall be as follows:

A. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
B. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
C. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurre nce an d two million dollars ($2,000,000) annual aggregate is:
 required
_________ is not required;
D. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of a t le ast on e million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agre ement, Consultant’s insurance coverage sh all be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, of ficers, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1G - Page 23

Page 20 of 21 ends

contribution it may have ag ainst City, its elected off icials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Consultant provides claims made profes sional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant ’s Services under this Agreement, or (2) to maintain professional liability in surance coverage with the same carrier in the amount required by this Agreement for at leas t three years after completion o f Consultant’s Services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance requir ed in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State o f California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsement s, effecting all of the coverages required by this Agreement. The cert ificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of ins urance is to be received and approved by the Ci ty before work commences. City reserves the r ight to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Add itional insured endorsements are not required f or Errors and Omissions and Workers’ Compensation policies.

Verification of Insur ance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Ins urance Coverage with an appro ved Additiona l Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects C ity of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. " This insurance is primary and non- contributory over any insurance or self - insurance the City may have..." (" as respects City of Pa lm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. " Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days writte n noti ce to th e Certificate Holder named." Language such as, “endeavor to” mail and "but fail ure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

Item 1G - Page 24

Page 21 of 21 ends

D. Both t he Workers’ Compensation and Empl oyers' Liability policies shall contain the in surer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, th e Ci ty of Palm Springs shall be named t he certificate holder on the policies.

All certific ates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insur ance must be authorized by a person w ith authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.

7. Deductibles and Self -Insured Retentions . Any deduct ibles or self -insured retentions must be declared to and ap proved by the City prior to commencing any work or Services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and relate d investigations, claim administratio n, a nd def ense expenses.

Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Consultant guarantees payment of all deductibles and self -insured retentions.

8. Severability of Interest s (S eparation of Insureds) . This insur ance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1G - Page 25

ATTACHMENT B

Item 1G - Page 26

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

4. State where Entity is Registered with Secretary of State I
f 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, Membe rs, Managers, Tru stees, Other F iduciaries (please specify) Note: If any response is not a natural person, please identify all of ficers, 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 __________________________
Kounkuey Design Initiative, Inc.
2234 Beverly Blvd. Los Angeles, CA 90057
1515 6th St. Coachella, CA 92236
California
Chelina Odbert
Joe Mulligan
Ian Leong
503c non profit
Item 1G - Page 27
Item 1G - Page 28
CONTINUED FROM ATTACHMENT D: Public Integrity Disclosure Name of Entity: Kounkuey Design Initiative, Inc.

Board of Directors:

Anthony Foux- Director
Kevin Heneghan- Director
Claudia Kahn- Director
Steve Malkenson- Director
T endo Nagenda- Director
David Valentine- Director
Item 1G - Page 29

CITY COUNCIL STAFF REPORT
10/26/2023
SUBJECT:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE PARKLET USE THROUGH DECEMBER 31, 2028 RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE DATE FOR PARKLET USAGE.”
Attachments
Item 1H

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 26, 2023 CONSENT CALENDAR

SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, EXTENDING THE PARKLET USE THROUGH
DECEMBER 31, 2028

FROM: Scott C. Stiles, City Manager

BY: Flinn Fagg, Deputy City Manager

SUMMARY:

On September 26, 2023, the City Council provided direction to staff to extend the parklet use for a period of five (5) years. The accompanying resolution memorializes the City Council direction.

RECOMMENDATION:

Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE DATE FOR PARKLET USAGE.”

BACKGROUND:

Related Relevant City Actions
March 2020
City staff began to issue temporary Land Use Permits for outdoor dining on private property and on public sidewalks in response to COVID-19 restrictions on indoor uses.
08/20/20
The City Council discussed the issue of outdoor dining in the Palm Canyon Drive corridor and directed staff to proceed with a temporary closure of the street for a three-block area to allow dining in the street right-of-way via a temporary Land Use Permit (parklets). This three- block area was later re-opened to two lanes of traffic, while still allowing outdoor dining in the on-street parking spaces.
08/27/20 Staff began issuing temporary Land Use Permits for parklets in public rights-of-way in accordance with the City Council action. 06/10/21
The City Council discussed the issue of continuing the parklet use, subject to the implementation of design standards, fees for parklet use, locational standards, and other operational aspects for parklets.

Item 1H - Page 1
City Council Staff Report
October 26, 2023 -- Page 2
Parklets Resolution

Related Relevant City Actions
07/22/21
Staff sought additional direction from City Council regarding the continuation of the parklet use, including the fee for parklet use, minimum hours of parklet use, and other operational standards.

August
2021
At the direction of City Council, a workgroup was established to assist in the development of design guidelines for parklets. Workgroup meetings were open to the public; members of the Main Street organization, the Greater Palm Springs Bar and Restaurant Association, and various restaurant owners provided input and assisted in the development of the design guidelines.
09/09/21
The City Council adopted design guidelines for parklets based on the recommendations of the workgroup, extended the parklet use through the end of December 2022, and adopted a monthly rental fee of $1.85 per square foot for use of the public right-of-way.
09/29/22
The City Council voted 4 -0-1 to extend the parklet use through 12/31/23 and requested that staff bring back revised design guidelines and parking standards for parklets. These revisions were reviewed and approved by City Council on 11/28/22.
09/26/23
The City Council discussed continuing the parklet use for a period of five years and requested that staff prepare a resolution in support of the extension.

STAFF ANALYSIS:

On September 26, 2023, the City Council discussed a request for the continuation of the parklet use. Based on the recommendation of staff, the City Council agreed to a five-year extension for the parklet use, allowing existing parklets and any new parklets to operate through December 31, 2028. The accompanying resolution authorizes the extension of the parklet use and maintains the design guidelines and operational standards that were originally adopted by City Council in 2021.

As part of the discussion, Councilmembers suggested that it may be appropriate to allow parklets as a permanent use, but additional study and considerations were necessary. It was requested that a study be prepared to demonstrate the economic impact of parklets, and that consideration be given to altering the Palm Canyon Drive right-of-way to enhance the pedestrian realm, and in particular evaluating whether a traffic lane might be removed to expand the sidewalk zones. The attached resolution includes a reference to these study items and provides a timeline of 12 months for staff to return these studies to City Council for review and consideration.

ENVIRONMENTAL ASSESSMENT
:

The proposed resolution is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) Item 1H - Page 2
City Council Staff Report
October 26, 2023 -- Page 3
Parklets Resolution

of the State Guidelines, because the resolution will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State Guidelines. The proposed resolution contemplates modifications to certain ministerial processes only and does not add to the list of permissible uses or authorize specific development.

REVIEWED BY:

Deputy City Manager: Flinn Fagg
City Attorney: Jeffrey Ballinger
City Manager: Scott Stiles

ATTACHMENTS:

A. Resolution
B. Exhibit A – Design Guidelines and Operational Standards Item 1H - Page 3

ATTACHMENT A

Item 1H - Page 4
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, EXTENDING THE DATE
FOR PARKLET USAGE.

A. T he Community Design Element of the City of Palm Springs General Plan, adopted by the City Council in October 2007, establishes goals and policies relative to the appearance and character of the community, and encourages the development of guidelines and review procedures that advance the aesthetic quality of the community through high-quality design.

B. On August 20, 2020, the City Council authorized the issuance of temporary land use permit s for the establishment of parklet facilities in public rights -of-way in response to emergency orders issued relative the COVID-19 pandemic.

C. On June 10, 2021, the City Council authorized an extension of the parklet use and directed staff to develop design guidelines for parklet facilities.

D. In accordance with City Council directives, an ad- hoc workgroup was established to work with staff in developing design guidelines for parklet faci lities, which consisted of stakeholders, design professionals, business owners, and interested members of the public; the workgroup concluded their efforts on August 25, 2021, and requested that the proposed design guidelines be presented to the City Counc il for consideration.

E. On September 9, 2021, the City Council conducted a public meeting on the issue of design guidelines for parklet facilities, at which meeting the Council considered the staff report, supporting documentation, and all public testimony offered on the subject, and voted 4-0-1 to approve the parklet design guidelines.

F. On September 29, 2022, the City Council conducted a meeting on the subject of parklets and directed staff to make modifications to the approved parklet design guidelines, and by a vote of 4-0-1 authorized the extension of the parklet use through December 31, 2023.

G. On November 28, 2022, the City Council approved Resolution No. 25069, authorizing the parklet use through December 23, 2023, and adopting amended parklet design guidelines and operational standards.

H. On September 26, 2023, the City Council discussed the extension of the parklet use for a period of five years and directed staff to prepare a resolution in support of the extension.

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

Item 1H - Page 5
Resolution No. ____

Page 2 ends

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

SECTION 2. Any parklets lawfully permitted by the City and currently in operation, or any parklets approved by the City subsequent to this resolution, may remain in operation through December 31, 2028 , upon approval of a new Land Use Permit application.

SECTION 3.

The design guidelines and operational standards for parklet facilities, as contained in Exhibit A, shall be implemented by staff and the Architectural Review Committee in the approval of applications to construct parklet facilities or to modify existing parklet facilities and in enforcing requirements that pertain thereto. These design guidelines and operational standards shall remain in effect through December 31, 2023, unless otherwise extended or codified by the City Council. After that date, the City may discontinue the parklet program and require the removal of any parklet improvements from the public right of way and the discontinuance of such use.

SECTION 4.

Rent to the City for use of the public right of way parklet space is hereby established at $1.85 per square foot of parklet area per month. The rent may be increased by the City Council upon amendment of this resolution or upon amendment of the Comprehensive Fee Schedule.

SECTION 5. The City Council may consider establishing parklets on a permanent basis in the future upon adoption of an Ordinance to formally codify the use. Prior to taking any such action, staff is directed to submit a report to the City Council addressing the following:
a. A study of the economic impact of parklets; and
b. Options to alter the existing traffic lanes along North Palm Canyon Drive to enhance the sidewalk environment and provide additional options for outdoor dining and parklet usage while increasing pedestrian safety.

It is expected that the report will be submitted within 12 months following the adoption of this Resolution.

ADOPTED THIS 26TH DAY OF OCTOBER, 2023
.

SCOTT C. STILES

CITY MANAGER

ATTEST:

Item 1H - Page 6
Resolution No. ____

Page 3 ends

BRENDA PREE, MMC

CITY CLERK
Item 1H - Page 7
Resolution No. ____

Page 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby 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 ______________, _________.

BRENDA PREE, MMC

CITY CLERK
Item 1H - Page 8

ATTACHMENT B
Item 1H - Page 9
Resolution No. ____

Page 1 ends

RESOLUTION NO. ____

EXHIBIT A

Parklet Design Guidelines and Operation Standards

A. General Requirements.

1. Parklet Position and Dimensions . For parallel on -street parking spaces, a parklet shall extend no more than eight (8) feet from the face of curb. Where the on-street parking space is less than eight (8) feet in width, the parklet shall extend no more than the width of on-street parking space and shall not extend into the lane of traffic. For diagonal or perpendicular on-street parking spaces, a parklet shall not extend no more than the depth of the on-street parking space and shall not be permitted to extend into the lane of traffic. A parklet shall not be permitted to extend beyond the frontage of the permittee’s tenant space or property. For businesses that have frontage on two streets, a parklet shall only be permitted on one street frontage.

2. Attachment. Parklet structures or elements shall not be directly attached to the street pavement, curb, or sidewalk surface unless otherwise approved by the Director. A deposit shall be required where approval for such attachment is granted, and shall be equivalent to the cost, as determined by the Director, for repairing any resulting damage caused by the attachment or removal of the attachment and for restoring the street pavement, curb or sidewalk to its prior condition.

B. Platform Base.

1. Base Required. All parklets shall require a platform base. The finish ed floor height of the platform base shall be level with the elevation of the adjacent public sidewalk.

2. Decking Materials. Decking materials for the platform base may include the following:
a. Plastic or composite decking;
b. Treated wood decking;
c. Treated wood decking tiles;
d. Concrete pavers on a pre-engineered pedestal system.

Other similar materials may be approved by the Director. Plywood decking or poured concrete is prohibited; synthetic turf, carpet, or similar coverings are prohibited.

3. Color. Platform decking and skirting materials shall be limited to black, grays, browns, natural wood finishes, and similar neutral colors appropriate to the desert environment.

Item 1H - Page 10
Resolution No. ____

Page 2 ends

4. Stormwater Management. Platforms shall be designed so as not to impede the flow of stormwater and drainage. A minimum 6” horizontal gap below the decking surface shall be provided between the curb face and base frame along the gutter to allow rainwater to naturally flow without obstruction. The permittee shall be responsible for keeping drainage area free from any obstructions.

C. Railing/Barrier.

1. Railing or Barrier Required. All parklets shall require a railing or similar barrier to protect the parklet and provide separation from the adjacent traffic lane.

2. Height. The railing or barrier shall be a minimum of 36” high from the finished deck surface of the parklet, and shall be a maximum of 43” high from the finished deck surface of the parklet.

3. Materials. Railing or barrier materials may include the following:
a. Steel, wrought iron, or aluminum;
b. Treated wood;
c. “Green walls” or espalier treatments.

Planters may be incorporated into the design of the railing or barrier , and may be constructed of the same materials as the railing or barrier; as an alternative, natural concrete pots, terracotta pots, or high -quality fiberglass or resin pots may be used when incorporated with the railing or barrier . Chain link, rope, wire/steel cable, wood lattice, prefabricated plastic/vinyl fencing, and concrete block are prohibited.

4. Attachment. Railings or barriers shall be attached to the deck or platform structure and shall not be attached to the roadbed or curb.

5. Color. The primary color of railings and barriers shall be limited to black, grays, browns, natural wood finishes, and similar neutral colors appropriate to the desert environment. Accent colors may be permitted for trim and other minor architectural details, where such accent color is consistent with the color theme of the principal restaurant facility.

D. Umbrellas and Other Shade Structures.

1. Umbrellas Preferred. Umbrellas are the preferred shading device for parklets so as to maintain visibility of adjacent businesses. Shade structures other than umbrellas may be approved by a waiver as described in this Section.

2. Height and Placement. Umbrellas and approved shade structures shall have a minimum seven (7) foot vertical clearance, as measured from the finished deck surface of the parklet to the bottom edge of the umbrella or shade structure, and shall not exceed a maximum of ten (10) feet in height from the Item 1H - Page 11
Resolution No. ____

Page 3 ends

finished deck surface of the parklet. Umbrellas or other approved shade structures shall not extend past the perimeter edge of the parklet structure.

Shade structures, if approved, shall be designed and positioned to minimize impacts and maintain visibility of adjacent businesses.

3. Materials. Umbrellas, sails, canopies, or other similar fabric shade structures shall be made with non-flammable materials or shall be treated and maintained in a flame-retardant condition.

4. Color. Umbrella and shade structure colors shall be consistent with the general color theme of the principal restaurant facility.

5. Text/Logos. No text or logos shall be permitted on umbrellas or other shade structures.

E. Furniture.

1. General Requirements. Parklet furnitur e and fixtures sh all be consistent with the theme and details of the principal restaurant facility. Furnishings should be of quality materials and designed for outdoor use.

2. Materials. Furniture materials may be metal, finished wood, high-quality resin or polypropylene, vinyl, or other similar materials, and shall be consistent with the furniture utilized in the principal restaurant facility. Plastic furniture or non- commercial grade furniture is prohibited.

3. Color. Furniture colors shall be consistent with the color of the furniture utilized in the principal restaurant facility, or shall be consistent with the colors of the parklet materials.

4. Maintenance. The permittee shall proper ly maintain all furniture and fixtures, and shall repair or replace any furniture or fixtures that become damaged or faded.

F. Plant Materials.

1. General Requirements. The use of drought -tolerant plant materials is encouraged to screen and soften the appearance of the parklet structure. Plant materials shall be selected and maintained in such a manner so as to not impair visibility of adjacent businesses or create impacts to traffic safety.

2. Plant Materials. The following plant varieties are recommended:
a. Agave geminiflora
b. Carissa
c. Euphorbia splendens
d. Hesperaloe
Item 1H - Page 12
Resolution No. ____

Page 4 ends

e. Ixora coccinea
f. Leucophyllm sp.
g. Pedilanthus
h. Pedilanthus
i. Portulacaria
j. Russellia
k. Variegated Dianella
l. Yucca pallida
m. Yucca whipplei
Other similar drought-tolerant vegetation may be approved by the Director.

3. Maintenance. All plant materials shall be well maintained by the permit tee to avoid excessive growth that may interfere with visibility or accessibility; planters shall be kept free of litter and debris. The permittee shall be responsible fo r proper maintenance of all plant materials, and shall immediately remove and replace any dead plant materials.

G. Lighting/Misting Systems.

1. Misting Systems. Misting systems are encouraged , and shall be designed to be integral to the structure of the parklet. Posts and beams may be used to support and conceal the misting system, but shall be limited to no more than 4” x 4” in width and no more than 96” in height, as measured from the deck surface of the parklet structure. Water supply for the misting system shall not be permitted to extend onto the public sidewalk or other location that may cause tripping hazards. Misting systems shall be capped off when not in use.

2. Lighting. Lighting for the parklet shall be designed to control glare, minimize light trespass onto adjacent properties, and avoid interference with the safe operation of motor vehicles. Lighting should incorporate full cut -off fixtures; however, bare bulbs (e.g. “Tivoli lighting”) may be permitted where bulbs with a lower lumen output are used and glare issues are not created, as determined by the Director . Light bulbs shall be clear or white in color; LED fixtures are encouraged. Posts and beams may be used to support the lighting system, but shall be limited to no more than 4” x 4” in width and no more than 96” in height, as measured from the deck surface of the parklet structure. Blinking, moving, or changing intensity of illumination is not allowed . Electrical cords shall not extend o nto the public sidewalk or other location that may cause tripping hazards.

H. Safety Requirements.

1. Wheel Stops Recommended. Wheel stops shall be installed at each end of the parklet structure when directed by the Director. Wheel stops shall not be required where a parklet is directly adjacent to a landscape island or sidewalk bulb out.

Item 1H - Page 13
Resolution No. ____

Page 5 ends

2. Concrete Barriers. Concrete barriers (“k-rails”) may be required by the Director due to specific traffic or street conditions adjacent to the parklet location. When required, a five (5) foot concrete barrier shall be placed at the leading edge of the parklet structure relative to the direction of travel. The concrete barrier shall be covered with wood or other appropriate treatment so that the appearance of the barrier is consistent with the railing or barrier utilized on the remaining sides of the parklet structure. Alternate barrier techniques may be approved provided traffic safety and visibility are not compromised.

3. Retroreflective Tape. Retroreflective tape shall be required at the exterior corners of the parklet railing or barrier , relative to the direction of travel . The Director may approve alternative materials or techniques provided traffic safety and visibility are not compromised.

I. Signage.

1. No Additional Signage Permitted. No additional signage shall be permitted for the parklet other than the signage that is allowed for the principal business pursuant to PSZC Chapter 93.

2. Substitution of Signage Types. Where a permittee has not utilized an Accessory Sign or Portable Sign for the principal restaurant business, as those sign types are defined in PSZC Chapter 93, the equivalent square footage of either sign type may be utilized for signage that is to be affixed to the parklet structure. However, no more than one (1) sign may be allowed for the parklet structure.

3. Signage Location. Any allowable signage shall be placed on the parklet railing or barrier, and shall not extend above the top of the railing or barrier.

4. Applicable Sign Regulations. All other sign regulations and requirements, as identified in PSZC Chapter 93, shall be applicable to any signage utilized for the parklet structure, including illumination requirements, prohibited sign types, permit requirements, and all associated regulations.

J. Parking.

1. Parking Spaces Required – New Parklets. Parking shall be provided for any new parklet approved after September 29, 2022. Parking shall be provided at a ratio of one (1) space for every eight (8) seats within the parklet area.

2. Parking Spaces Required – Existing Parklets. Parking shall be required for the expansion of any existing parklet approved prior to September 29, 2022.

Parking shall be provided at a ratio of one (1) space for every (8) seats that are added to the parklet area.

Item 1H - Page 14
Resolution No. ____

Page 6 ends

K. Approval Process and Criteria.

1. Application Submittal. An applicant for the establishment of a parklet shall submit a Land Use Permit application upon such forms as may be established by the Department, and shall be accompanied by such fees as may be established by the City Council. The application shall be signed and notarized by the property owner of the principal business that is submitting the application. Application materials shall include, but not be limited to, the following items:
a. A site plan of the parklet, drawn to scale;
b. Elevations of the parklet, showing the height and construction details of the parklet;
c. Materials and color selections for the parklet platform base, railing or barrier, posts/beams;
d. Proposed furniture selections;
e. Proposed umbrella or shade structure materials and colors; f. Proposed plant materials;
g. Proposed lighting and misting systems;
h. Any signage proposed for the parklet; and
i. A list of waivers the applicant is seeking, if any.

2. Parklet Review Subcommittee. There is hereby established an ad hoc Parklet Review Subcommittee, which shall consist of up to three (3) members of the Architectural Review Committee. The subcommittee memb ers shall be appointed and removed by the Chair of the Architectural Review Committee, and shall serve at the pleasure of the Chair as needed for the duration of the parklet program. Alternates to the subcommittee may be appointed by the Chair as needed. The role of the subcommittee is to review parklet applications not requiring a waiver and to consult with and advise the Director as to conformance to the criteria contained in this Section. After consulting with the subcommittee, the Director shall render a decision as to any parklet application that does not require a waiver.

3. Approval Authority. The approval authority for Land Use Permit applications to establish a parklet use shall be as follows:
a. Parklet Use with No Waivers. For applications where n o waivers of the se Design Guidelines are requested, the Director shall be the approval authority, in consultation with the Parklet Review Subcommittee. b. Parklet Use with Waivers. For applications where waivers of these Design Guidelines are requested, the Architectural Review Committee shall be the approval authority. Meetings and actions of the Architectural Review Committee shall be conducted pursuant to the Brown Act and in accordance with the Committee’s bylaws.

Item 1H - Page 15
Resolution No. ____

Page 7 ends

4. Director’s Criteria and Findings for Parklet Use with no Waivers. In considering a Land Use Permit application for the establishment of a parklet with no waivers, the Director, in consultation with the Parklet Review Subcommittee, shall evaluat e the application and make findings for conformanc e to the following criteria:
a. The proposed parklet design conforms to the Parklet Design Guidelines as listed herein;
b. The proposed colors and materials are consistent with colors and materials of the principal restaurant business;
c. The proposed parklet desig n is consistent and harmonious with the architectural character of surrounding businesses.

If the Director finds that these criteria have been met, the Director shall issue the Land Use Permit for the parklet use, subject to those reasonable terms and conditions consistent with the Design Guidelines.

5. Criteria for Waivers of the Parklet Design Guidelines. In considering a Land Use Permit application for that includes a waiver of these Design Guidelines, the Architectural Review Committee shall evaluate the application and make the following findings prior to approving a waiver:
a. Business owners within one -hundred and fifty (150) feet of the proposed parklet, as measured along the same street frontage in either direction of the proposed parklet, have been notified of the waiver request at least ten (10) days in advance of the proposed meeting;
b. Where the proposed parklet will extend in front of an abutting business or property, the permittee has obtained and submitted written consent from any affected business owner and property owner;
c. The proposed waiver will not result in any significant impacts to adjacent businesses;
d. The proposed waiver will not result in any significant impacts to public health, safety, or welfare.

L. Operational Requirements.

1. Parklet Use. The establishment of a parklet may be permitted for dining and cocktail lounge uses only. Nightclub uses, merchandise sales, or other commercial uses are prohibited.

2. Hours/Days of Use.

a. Hours of Use. The permittee shall be required to operate the parklet for the minimum hours and days per week as listed below:
(1) Winter Period (October 1 to May 31). Parklets shall be in operation for a minimum of thirty-six (36) hours per week.
(2) Summer Period (June 1 to September 30). Parklets shall be in operation for a minimum of twenty-four (24) hours per week.

Item 1H - Page 16
Resolution No. ____

Page 8 ends

Palm Springs City CouncilOctober 26, 2023

Palm Springs City Council
October 26, 2023