Thursday, February 29, 2024
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Bernstein on Thursday, February 29, 2024, at 5:31 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Bernstein led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Grace Elena Garner, Christy Holstege, and Lisa Middleton; Mayor Pro Tem Ron deHarte; and Mayor Jeffrey Bernstein.
Absent: None.
City Staff
Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; JeremyHammond, Deputy City Manager; Jeffrey Ballinger, City Attorney; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presentedreportsor respondedto questionsasindicated in the minutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
Mayor Bernsteinmentionedthe following proclamations:
Colorectal CancerAwarenessMonth,
JacquesCaussin
International Bear Convergence
Riverside County Arts & Culture Month
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER GARNER, CARRIED 5- 0, to accept the agenda with removal of Consent Calendar Item Nos. 1M and 1X for separate discussion, and removal of Consent Calendar Item No. 1Y, deferring the item to an upcoming meeting. ( Noting a recusal from Mayor Bernstein on Consent Calendar Item No. 1V.) REPORT OF CLOSED SESSION:
The Closed Session of the City Council of February 29, 2024, was called to order by Mayor Bernstein at 4:00 p.m.
City Council Minutes February 29, 2024
City of Palm Springs Page2
The meeting convened into Closed Sessionto discuss the following items as listed on the Closed SessionMeeting Agenda, with no reportable action:
CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956. 9(d)( 2) – Claim No. 23- 1019:
Under existing facts and circumstances, there was one ( 1) matter.
CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION, Pursuantto Government Code Section 54956.9(d)(2) – Claim No. 23-1019:
Under existing facts and circumstances, there were two (2) matters.
PUBLIC TESTIMONY:
Steven Wijatyk, Kevin Spring, Daryl Terrell, Steve Burton, and JesseBurstein provided oral testimony.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve the consentcalendarwith the with removal of Consent Calendar Item Nos. 1M and 1X for separate discussion, and removal of Consent Calendar Item No. 1Y, deferring the item to an upcoming meeting.
A. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve the City Council Meeting Minutes of January 25, 2024, and February 8, 2024.
B. RATIFY THE NOMINATION OF THE CITY OF COACHELLA TO THE PALM
SPRINGS INTERNATIONAL AIRPORT COMMISSION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to reappoint Denise Delgado, representing the City of Coachella, to the Palm Springs International Airport Commission effective immediately for a term ending January24, 2025.
C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to adopt a Resolution No. 25182, entitled “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 01- 06- 24 AND 01- 20- City Council Minutes February 29, 2024
City of Palm Springs Page3
24 TOTALING $ 4,603,867.31 AND ACCOUNTS PAYABLE WARRANTS DATED 01- 04- 24 AND 01- 18-24 TOTALING $ 11,127, 219. 61, IN THE AGGREGATE AMOUNT OF $ 15,731, 086. 92, DRAWN ON BANK OF AMERICA."
D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JANUARY 1 THROUGH JANUARY 31, 2024
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of January 1 through January 31, 2024.
E. TREASURER’ S INVESTMENT REPORT AS OF DECEMBER 31, 2023
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to receive and file.
F. ACCEPT A GRANT AWARD FROM THE CALIFORNIA PUBLIC UTILITIES COMMISSION IN THE AMOUNT OF $51,099
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to accept a grant award from the California Public Utilities Commission in the amount of $ 51,099.
G. APPROVE AMENDMENT NO. 2 TO AGREEMENT A9135 WITH OLLIN DOCK DOOR, INC., FOR OVERHEAD DOOR REPAIR SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve Amendment No. 2 to Agreement A9135 with Ollin Dock & Door, Inc., to provide overhead door repair and installation services for an additional amount of $300,000 for a total revisedcontract amount not to exceed $600,000 through June 19, 2025; and authorize the City Manager or designee to execute all necessarydocuments.
H. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B030 WITH EMD CONSTRUCTION INC. FOR ON- CALL GENERAL CONTRACTOR SERVICES
FOR PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve Contract Services Agreement 24B030 with EMD Construction Inc. to provide on- call general contractor services for the Palm Springs International Airport in an amount not to exceed $ 900, 000 for the initial three- year term beginning March 1, 2024, through February 28, 2027, with two one-year extension options at the City’s sole discretion; and authorize the City Manager or designeeto executeall necessarydocuments.
City Council Minutes February 29, 2024
City of Palm Springs Page4
I. APPROVE A CONTRACT SERVICES AGREEMENT FOR FINANCIAL
CONSULTING SERVICES FOR THE PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve Contract ServicesAgreement No. 24P031 with Frasca & Associates, LLC. to provide financial consulting services on an on-call basis for an amount not to exceed $3,500,000 over a five- year term; and authorize the City Manager or designeeto execute all necessaryAgreements and authorize the Executive Director of Aviation to executeall task orders that fall under the Agreement value.
J. APPROVE THE FUNDING OF FOUR CAPITAL IMPROVEMENT PROJECTS
FROM MEASURE J FUNDS FOR THE PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:
1. Approve the funding of four capital improvement projects from Measure J funds in an amount not to exceed $1,550,000 for the Palm Springs International Airport.
2. Authorize the City Manager or designee to execute all necessary documents.
3. Direct staff to file a Notice of Exemption with the County of Riverside County Clerk.
K. AUTHORIZE THE PURCHASE OF 5 NEW VEHICLES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:
1. Approve the issuance of a purchase order to 72 Hour LLC dba National Auto Fleet Group, for the purchaseof 3 Ford F-150 Lightning Pro 4WD SuperCrew, 1 Ford F- 150 Police Responder XL 4WD SuperCrew, and 1 Ford Transit Passenger Wagon T- 350 in an amount not to exceed $321,614.24;
2. After delivery of the new vehicles, declare existing vehicles being replaced as surplus vehicles and authorize the City Manager or designee to sell at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code; and,
3. Authorize the City Manager or designeeto executeall necessarydocuments.
L. AUTHORIZE THE PURCHASE OF ONE ( 1) NEW JCB 512P83R
TELEHANDLER AND ATTACHMENT EQUIPMENT IN AN AMOUNT NOT TO EXCEED $ 373,468.55
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5- 0, to approve the issuance of a purchase order to JCB Southern California LLC for the purchase of one new JCB 512P53R Telehandler and equipment for an amount not to exceed $ 373, 468. 55, inclusive of sales tax; and authorize the City Manager or designee to execute all necessary documents.
M. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P016 WITH LAZ City Council Minutes February 29, 2024
City of Palm Springs Page5
PARKING CALIFORNIA, LLC FOR PARKING ENFORCEMENT SERVICES This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.
N. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B022 WITH
TERRACON CONSULTANTS, INC. FOR ON- CALL ENVIRONMENTAL AND
ABATEMENT TESTING SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve Contract Services Agreement 24B022 Attachment A) with Terracon Consultants, Inc. to provide on-call environmental and abatementtesting servicesin an amount not to exceed $310,000 for the initial three-year term beginning March 1, 2024, through February 28, 2027, with two one-year extension options at the City’s sole discretion; and authorize the City Manager or his designeeto executeall necessarydocuments.
O. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B021 WITH
SUPERIOR PAVEMENT MARKINGS, INC. FOR ON- CALL CITYWIDE
ROADWAY STRIPING AND STENCILING SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:
1. Approve Contract Services Agreement 24B021 ( Attachment A) with Superior Pavement Markings, Inc. to provide on- call citywide roadway striping and stenciling servicesin anamount not to exceed $900,000 for the initial three-year term beginning March 1, 2024, through February 28, 2027, with two one-year extension options at the City’s sole discretion;
2. Appropriate $ 256, 496. 50 from Gas Tax Fund 133 fund balance;
3. Authorize the City Manager or his designeeto executeall necessarydocuments.
P. APPROVAL OF THE FISCAL YEAR 2024/ 2025 CSA 152 SPECIAL
ASSESSMENT RATE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to adopt Resolution No. 25183, entitled “ A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND
SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2024/2025 TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM ( NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.” Q. APPROVE SOFTWARE ANNUAL MAINTENANCE AGREEMENT 24S027 WITH GEOSPATIAL TECHNOLOGIES, INC. FOR PUBLIC SAFETY
MAPPING SERVICES
City Council Minutes February 29, 2024
City of Palm Springs Page6
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve one-year Software Annual Maintenance Agreement 24S027 with the option for four additional years with GeoSpatial Technologies, Inc. for public safety mapping services in the amount of $ 19,049, with a maximum total of $ 95,242. 50 if all options are exercised; authorize the City Manager to execute all necessary documents.
R. APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
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
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve Amendment No. 1 to the Professional Services Agreement No. 23Q183 with Group 4 Architecture, Research + Planning, Inc. to provide architectural design services for an amount not to exceed $ 1,197, 200; and authorize the City Manager or designee to execute all necessary documents.
S. APPROVE TASK ORDER NO. 8 TO VEOLIA WATER WEST OPERATING SERVICES, INC. AGREEMENT A6804, IN THE AMOUNT OF $ 16,135.59 FOR THE BARISTO ROAD SEWER PIPE SEGMENT, CITY PROJECT 22- 41
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:
1. Approve Task Order No. 8 in the amount of $16,135.59 to Agreement A6804 with Veolia Water West Operating Services, Inc. for the Baristo Road Sewer Pipe Segment, City Project No. 22-41 (“Project”).
2. Authorize the City Manager or designee to execute all necessary documents.
3. Appropriate $16,135.59 from the WastewaterFund balance.
T. AWARD OF CONTRACTS AND AGREEMENTS FOR THE 2024 PAVEMENT REHABILITATION PROJECT ( CITY PROJECT NO. 24- 01) INCLUDING
APPROVAL OF A CONSTRUCTION CONTRACT TO MATICH
CORPORATION, A CALIFORNIA CORPORATION, IN THE AMOUNT OF 8,799,456; APPROVAL OF A TASK ORDER UNDER ON- CALL AGREEMENT NO. A8566 WITH DUDEK INC., IN AN AMOUNT NOT TO EXCEED $ 215, 000 FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES; AND APPROVAL OF A TASK ORDER UNDER ON- CALL AGREEMENT NO. 23PO41 WITH TSG ENTERPRISES, INC., DBA THE SOLIS GROUP, IN AN AMOUNT NOT TO EXCEED $ 15,410 TO PROVIDE COMMUNITY WORKFORCE
AGREEMENT ADMINISTRATION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:
City Council Minutes February 29, 2024
City of Palm Springs Page7
1. Award a construction contract to Matich Corporation in the amount of $8,799,456 for the 2024 PavementRehabilitation, City Project 24-01(“Project”);
2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $ 260, 000 with all change orders reported to the City Council;
3. Authorize the City Manager to approve a task order for project management and inspection services from an on-call engineering service firm, Dudek Inc., in an amount not to exceed $ 215, 000;
4. Authorize the City Manager to approve a task order for Community Workforce Agreement ( CWA) administration services from an on- call CWA firm, TSG Enterprises, Inc., dba The Solis Group, in an amount not to exceed $15,410; and
5. Authorize the City Manager to execute all necessary documents.
U. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND
AUTHORIZATION TO BID THE AIRPORT TAXIWAY REHABILIATION, CITY PROJECT NO. 21-27
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Airport Taxiway Rehabilitation, City Project 21- 27.
V. APPROVAL OF TRACT MAP 37935
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 4-0-1 ( WITH RECUSAL FROM MAYOR BERNSTEIN), to adopt Resolution No. 25184, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 37935
FOR PROPERTY LOCATED AT NORTHEST CORNER OF BELARDO ROAD AND MUSEUM WAY, IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST.” W. ACCEPTANCE OF THE HIGHWAY SAFETY IMPROVEMENT PROJECT CYCLE 7), FEDERAL- AID PROJECT NO. HSIPL- 5282 (046), CITY PROJECT NO. 15- 32
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:
1. Accept the public works improvement identified asthe Highway Safety Improvement Project ( Cycle 7), City Project No. 15- 32, as completed in accordance with the plans and specifications; and
2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of the Highway Safety Improvement Project ( Cycle 7), City Project No. 15- 32.
City Council Minutes February 29, 2024
City of Palm Springs Page8
X. APPROVAL OF TWO TASK ORDERS TO KIMLEY- HORN AND ASSOCIATES
FOR ON- CALL TRAFFIC ENGINEERING SERVICES FOR THE SOUTH PALM CANYON DRIVE LANE RECONFIGURATION, CITY PROJECT 22- 21A, AND THE RACQUET CLUB ROAD RECONFIGURATION, CITY
PROJECT 22- 21B
This item was removed from the Consent Calendar for separate discussion and consideredunder Excluded ConsentCalendar.
Y. APPROVAL OF RIGHT- OF- WAY ACQUISITION AGREEMENT WITH P& A
INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,
ASSOCIATED WITH THE PALM CANYON DRIVE/ INDIAN CANYON
DRIVE/ CAMINO PAROCELA TRAFFIC ROUNDABOUT, CITY PROJECT NO. 20-03, APN 508-121-018
This item was removed from the agenda.
Z. APPROVAL OF FIRST AMENDMENT TO COOPERATIVE AGREEMENT A8912 BETWEEN THE CITY OF PALM SPRINGS AND RIVERSIDE COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE
CONSTRUCTION OF PALM SPRINGS MASTER DRAINAGE PLAN ( MDP) LINE 20, STAGE 3, CITY PROJECT NO. 19-15
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve First Amendment to Cooperative Funding Agreement A8912 betweenthe Riverside County Flood Control andWater Conservation District and the City of Palm Springs, associated with the construction, operation, and maintenanceof flood control improvements identified as Storm Drain Line 20, Stage3, City Project No. 19- 15; and authorize the City Manager to execute all necessary documents.
AA. APPROVE CONTRACT CHANGE ORDER NO. 5 WITH STEVE P. RADOS, INC., IN THE AMOUNT OF $ 248, 288. 76 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 DEHARTE, CARRIED 5-0, to:
1. Approve Contract Change Order No. 5 in the amount of $ 248, 288. 76 to Agreement A9137 with Steve P. Rados, Inc. for the WWTP Digester No. 2 WasteGas Flare and Filtrate Pump Station, City Projects No. 20- 25 and 21-07.
2. Appropriate $248,288.76 from the WastewaterFund balance.
3. Authorize the City Manager or designee to execute all necessary documents.
City Council Minutes February 29, 2024
City of Palm Springs Page9
BB. APPROVE CONTRACT CHANGE ORDER NO. 3 WITH UNIFIED FIELD SERVICES CORPORATION IN THE AMOUNT OF $ 825,376.90 FOR THE
WASTEWATER TREATMENT PLANT ( WWTP) SLUDGE DRYING BEDS
REHABILITATIONS, CITY PROJECT 21- 05
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:
1. Approve Contract Change Order No. 3 in the amount of $ 825, 376. 90 with Unified Field ServicesCorporation (“Contractor”) for the WWTP Sludge Drying Beds 16-18 and 19-26 Rehabilitations, City Project No. 21- 05 (“ Project”).
2. Authorize the City Manager or designeeto executeall necessarydocuments.
3. Appropriate $ 825, 376. 90 from the Wastewater Fund balance.
CC. APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT OF $ 50,000 FOR THE ARTSCAPE IN THE PARKS PROJECT AT VICTORIA PARK AND $ 50,000 FOR THE ARTSCAPE IN THE PARKS PROJECT AT JAMES O. JESSE PARK
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:
1. Appropriate Public Art Funds (Fund 150) in the amount of $100,000.
2. Approve expenditure of Public Art Funds in the amount of $ 50,000 for the Artscape in the Parks at JamesO. JessiePark Project.
3. Approve expenditure of Public Art Funds in the amount of $ 50,000 for the Artscape in the Parks at Victoria Park Project.
DD. APPROVE FUNDING FOR MAINTENANCE OF THE “ NINES AND ELEVENS”
PUBLIC ARTWORK
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approvePublic Art Fundsin the amount of $2,690 to have Signature Sculpture repaint the Nines and Elevens Public Art Piece located in Demuth Park.
EXCLUDED CONSENT CALENDAR:
M. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P016 WITH LAZ
PARKING CALIFORNIA, LLC FOR PARKING ENFORCEMENT SERVICES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER GARNER, CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 24P016 with LAZ Parking California, LLC to provide parking enforcement services for a five- year term in an amount not to exceed $1,633,767 beginning March 1, 2024, through February 28, 2029, with two one-year extension options at the City’s sole discretion; and
2. Authorize the City Manager or designeeto executeall necessarydocuments.
City Council Minutes February 29, 2024
City of Palm Springs Page10
X. APPROVAL OF TWO TASK ORDERS TO KIMLEY- HORN AND ASSOCIATES
FOR ON- CALL TRAFFIC ENGINEERING SERVICES FOR THE SOUTH PALM CANYON DRIVE LANE RECONFIGURATION, CITY PROJECT 22- 21A, AND THE RACQUET CLUB ROAD RECONFIGURATION, CITY
PROJECT 22-21B
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:
1. Approve a Task Order in an amount not to exceed $237,100 with Kimley- Horn pursuant to the City’ s “on- call” agreement ( A8342), for traffic engineering services for the South Palm Canyon Drive Reconfiguration, City Project 22- 21A;
2. Delegate authority to the City Manager or designeeto approve contract amendments up to a total amount of $ 48,000 ( 20%) for the South Palm Canyon Drive Reconfiguration, City Project 22-21A;
3. Approve a Task Order in an amount not to exceed $ 317, 600 with Kimley- Horn pursuant to the City’s “on-call” agreement (A8342), for traffic engineering services for the Racquet Club Road Reconfiguration, City Project 22- 21B;
4. Delegate authority to the City Manager or designeeto approve contract amendments up to a total amount of $ 64,000 ( 20%) for Racquet Club Road Reconfiguration, City Project 22-21B; and,
5. Authorize the City Manager to execute all necessary documents.
2. PUBLIC HEARINGS:
A. COUNCIL CALL- UP OF AN APPLICATION BY KAIDENCE GROUP, LLC
COMPRISED OF A DEVELOPMENT PERMIT, A VARIANCE AND
CONDITIONAL USE PERMIT FOR A PROPOSED DRIVE- THROUGH
COFFEE SHOP ON A 0.46-ACRE PARCEL LOCATED AT 2466 NORTH PALM CANYON DRIVE, ( APN 504- 250- 031) ZONE: PD 113, GENERAL PLAN:
MIXED- USE ( CASES DP-2023-0018, CUP- 2023-0020, VAR- 2023-0007 and AR- 2023- 0083)
Kayman Wong provided oral testimony.
MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 4-1 (COUNCILMEMBER MIDDLETON VOTING NO), to:
1. Open the Public Hearing and receive public testimony.
2. Close the public hearing and direct staff asappropriate basedon the City Council’s own findings on the applications related to this case. Staff will bring a resolution reflecting the Council’s action back at a future meeting.
3. BUSINESS & LEGISLATIVE:
A. SECOND READING ( ADOPTION) OF AN ORDINANCE AMENDING
SECTION 3.42.020 AND CHAPTER 5.55 OF THE PALM SPRINGS MUNICIPAL
CODE, REGARDING THE TAXATION AND REGULATION OF CANNABIS IN THE CITY; FIRST READING ( INTRODUCTION) OF AN ORDINANCE
PROVIDING THAT CANNABIS DISPENSARY BUSINESS PERMIT
City Council Minutes February 29, 2024
City of Palm Springs Page11
APPLICATIONS WILL NOT BE ACCEPTED, PROCESSED OR APPROVED BY THE CITY, BETWEEN JANUARY 1, 2024 AND DECEMBER 31, 2027; AND
ADOPTION OF A RESOLUTION REDUCING THE CANNABIS BUSINESS ACTIVITY TAX RATE ON RETAIL TO FIVE PERCENT ( 5%), AND
ALLOCATING A CERTAIN PERCENTAGE OF TAXES COLLECTED TO BE
USED FOR CERTAIN PURPOSES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR
BERNSTEIN, CARRIED 4-0-1 ( WITH RECUSAL FROM COUNCILMEMBER HOLSTEGE), to:
1. Waive the full reading of the text in its entirety, read by title only, and conduct a second reading ( adoption) of the following ordinance: Ordinance No. 2093, “ AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.42.020 AND CHAPTER 5.55 OF THE PALM SPRINGS MUNICIPAL
CODE, REGARDING THE TAXATION AND REGULATION OF CANNABIS IN THE CITY”;
2. Waive the full reading of the text in its entirety, readby title only, and conduct a first reading ( introduction) of the following ordinance: Ordinance No. 2094, entitled,
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE PALM SPRINGS MUNICIPAL CODE TO PROVIDE THAT
CANNABIS DISPENSARY BUSINESS PERMIT APPLICATIONS WILL NOT
BE ACCEPTED, PROCESSED OR APPROVED BY THE CITY, BETWEEN JANUARY 1, 2024 AND DECEMBER 31, 2027”; and,
3. By motion, adopt the following resolution: Resolution No. 25185, entitled, “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REDUCING THE CANNABIS BUSINESS ACTIVITY TAX RATE ON RETAIL TO FIVE PERCENT (5%), AND ALLOCATING A CERTAIN
PERCENTAGE OF TAXES COLLECTED TO BE USED FOR CERTAIN
PURPOSES.”
PUBLIC COMMENT:
Daryl Terrell, Moe Elabdallah, Max McCartney, Bill Hatch, and JesseNeimeyer-Romero provided oral testimony.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:
Deputy City Manager Fagg andthe City Council discussedthe tentative upcoming meeting schedule and agenda items. Councilmembers Garner and Middleton; Mayor Pro Tem deHarte; and Mayor Bernstein provided comments.
ADJOURNMENT:
The City Council adjourned the meeting of Thursday, February 29 , 2024, at 7:49 p.m.
City Council Minutes February 29, 2024
City of Palm Springs Page12
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 3/14/2024