Palm Springs — 2023-01-12

A. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES\nACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda,\nmay amend the order, add urgency items, note abstentions or "no" votes on Consent\nCalendar items, and request Consent Calendar items be removed from the Consent Calendar\nfor discussion. The City Council may also remove items from the Consent Calendar prior to\nthat portion of the Agenda.\nREPORT OF CLOSED SESSION:\nPUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)\nThis time has been set aside for members of the public to address the City Council only on\nagenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public\nHearings will only be taken at the time of the hearing, and General Public Comments,\nnon-agenda items, will be taken later in the meeting.\n1. CONSENT CALENDAR:\nThe following routine matters may be acted upon by one motion. Individual items\nmay be removed by the Council for separate discussion at this time or under\nAcceptance of the Agenda. The ordinance title is deemed to be read in its entirety\nand further reading waived on any ordinance listed on the Consent Calendar.\nJanuary 12, 2023 City Council Regular Meeting Agenda 3

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND\nCOMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361\nRECOMMENDATION:\nFind that the City Council has considered the circumstances of the state of\nemergency during a proclaimed state of emergency, and state or local officials\nhave imposed or recommended measures to promote social distancing, and as a\nresult, the Palm Springs City Council and all of Palm Springs Board, Commission,\nand Committee meetings may be held by videoconference, in accordance with AB\n361.

C. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS\nRECOMMENDATION:\nAdopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL\nWARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 11-12-22 AND\n11-26-22 TOTALING $4,623,724.67 AND ACCOUNTS PAYABLE WARRANTS\nDATED 11-10-22 AND 11-23-22 TOTALING $12,683,747.75, IN THE\nAGGREGATE AMOUNT OF $17,307,472.42, DRAWN ON BANK OF AMERICA."

D. RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE\nFOR 2023\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CITY COUNCIL\nREGULAR MEETING PLACE, DAYS, AND TIME AND RESCINDING\nRESOLUTION NO. 24947.”

E. MODIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY\nAND THE PUBLIC EMPLOYEES ASSOCIATION OF PALM SPRINGS\nRECOMMENDATION:\n1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE\nMODIFICATION OF THE MEMORANDUM OF UNDERSTANDING\nBETWEEN THE CITY AND THE PUBLIC EMPLOYEES ASSOCIATION OF\nPALM SPRINGS.”\n2. Authorize the Interim City Manager to execute all necessary documents.

F. AUTHORIZE THE PURCHASE OF TURNOUT GEAR IN THE AMOUNT OF\n$117,710.32 FROM ALLSTAR FIRE EQUIPMENT, INC\nRECOMMENDATION:\n1. In accordance with Section 7.09.010 of the Palm Springs Municipal Code,\n“Cooperative Purchasing Programs”, authorize the purchase of 37 sets of\nturnout gear for the Palm Springs Fire Department from Allstar Fire\nEquipment Inc., pursuant to Sourcewell Cooperative Purchasing Contract\n032620-LIO, in the amount of $117,710.32.\n2. Authorize the Interim City Manager or designee to execute all necessary\ndocuments.

G. AMENDMENT NO. 3 TO AGREEMENT NO. A8884 WITH TYSEN KNIGHT\nPRODUCTIONS FOR MINOR REPAIRS AND MAINTENANCE OF PUBLIC\nARTS PROJECTS\nRECOMMENDATION:\nApprove Amendment No. 3 to Agreement No. 8884 with Tysen Knight Productions\nfor Public Arts projects repairs and maintenance services in the amount of $5,000\nfor a total contract amount of $20,000.

H. APPROVE PUBLIC ARTS FUNDING IN THE AMOUNT OF $20,000 FOR THE\nASPHALT ART PROJECT ADJACENT TO THE JAMES O. JESSIE DESERT\nHIGHLAND UNITY CENTER LOCATED AT 480 WEST TRAMVIEW ROAD\nRECOMMENDATION:\nApprove funding in the amount of $20,000 of Public Art Funds for an Asphalt Art\nProject adjacent to the James O. Jessie Desert Highland Unity Center.

I. RATIFY CONTRACT AMENDMENT FOR TEMPORARY OVERNIGHT SHELTER\nSERVICES IN THE AMOUNT OF $105,464\nRECOMMENDATION:\n1. Ratify Amendment No. 3 to Agreement No. A8922 with Martha’s Village and\nKitchen, increasing the contract amount by $105,484 for a total contract\namount not to exceed $317,534 for temporary overnight shelter services from\nJanuary 2, 2023, to February 28, 2023.\n2. Authorize the Interim City Manager to make minor changes and execute all\nnecessary documents.\nJanuary 12, 2023 City Council Regular Meeting Agenda 5

J. APPROVE A PLAN AMENDMENT TO THE CITY OF PALM SPRINGS\nRETIREMENT HEALTH SAVINGS PLAN TO INCLUDE MANDATORY EMPLOYEE\nCOMPENSATION CONTRIBUTIONS BY ELIGIBLE PALM SPRINGS FIREFIGHTER\nASSOCIATION EMPLOYEES\nRECOMMENDATION:\n1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF PALM SPRINGS, CALIFORNIA, APPROVING MODIFYING THE CITY\nOF PALM SPRINGS RETIREMENT HEALTH SAVINGS PLAN AGREEMENT\nTO INCLUDE EMPLOYEE COMPENSATION CONTRIBUTIONS BY ELIGIBLE\nPALM SPRINGS FIREFIGHTER ASSOCIATION EMPLOYEES.”\n2. Authorize the Interim City Manager to execute all documents necessary to\neffectuate this action.

K. APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT\nSCHEDULE (ROPS 23-24A AND 23-24B) FOR THE PERIOD OF JULY 1, 2023\nTHROUGH JUNE 30, 2024, PURSUANT TO SECTION 34169(G)(1) OF\nCALIFORNIA HEALTH & SAFETY CODE\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS\nSUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT\nAGENCY, APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE\n(ROPS 23-24 A&B) AND AN ADMINISTRATIVE EXPENSE BUDGET FOR THE\nPERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2024, PURSUANT TO THE\nCALIFORNIA HEALTH & SAFETY CODE.”

L. APPROVE AN AMENDMENT TO AGREEMENT A8503 WITH TYLER\nTECHNOLOGIES, INC. TO ADD PAYROLL, HR, AND BUDGET PREPARATION\nMODULES FOR $256,531 AND ADJUSTING THE FIVE-YEAR CONTRACT TOTAL\nTO $3,842,497\nRECOMMENDATION:\n1. Approve an amendment to Agreement A8503 with Tyler Technologies, Inc. to\nadd payroll, HR, and budget preparation modules for $256,531, including\nimplementation costs, adjusting the five-year contract total to $3,842,497.\n2. Approve a contingency of $18,900 for unanticipated implementation costs.\n3. Appropriate $256,531 from Capital Projects fund balance.\nJanuary 12, 2023 City Council Regular Meeting Agenda 6

A. REVIEW AND MAKE APPOINTMENTS TO CITY COUNCIL SUBCOMMITTEES,\nCITY REPRESENTATIVES TO PROJECTS, LIAISONS TO CITY COMMISSIONS\nAND BOARDS, AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS\n*The Staff Report for This Item will be available on Monday, January 9, 2023.\nJanuary 12, 2023 City Council Regular Meeting Agenda 9\nPUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the\npublic to address the City Council on items of general interest within the subject matter\njurisdiction of the City. Although the City Council values your comments, pursuant to the\nBrown Act, it generally cannot take any action on items not listed on the posted agenda. Two\n(2) minutes will be assigned to each speaker.\nCITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA\nDEVELOPMENT: This time is set aside for the City Council and City Manager to provide\nadditional general comments and reports. Additionally, the City Council and City Manager\nmay briefly discuss items of concern and prioritize agenda items for future meeting dates.\nG APPENDIX AH; THE 2022 CALIFORNIA\nMECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING CODE,\nINCLUDING APPENDICES A, B, D, G, H, I AND K; THE 2022 CALIFORNIA\nEXISTING BUILDING CODE; THE 2022 CALIFORNIA HISTORICAL\nBUILDING CODE, INCLUDING APPENDIX A; THE 2022 CALIFORNIA\nELECTRICAL CODE, INCLUDING ALL APPENDICES; THE 2022\nCALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; THE 2022\nCALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2021\nINTERNATIONAL PROPERTY MAINTENANCE CODE, INCLUDING ALL\nAPPENDICES."\n3. Waive the second reading of the ordinance text in its entirety and adopt an\nOrdinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS,\nCALIFORNIA, AMENDING AND RESTATING ARTICLE VI OF CHAPTER\n8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING BY\nREFERENCE, TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS,\nAND DELETIONS, THE 2022 CALIFORNIA FIRE CODE, INCLUDING\nCERTAIN APPENDICES.”\n3. BUSINESS & LEGISLATIVE:

M. APPROVAL OF AMENDMENT NO. 3 TO THE ALLOCATED POSITIONS AND\nCOMPENSATION PLAN FOR FISCAL YEAR 2022-23\nRECOMMENDATION:\n1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 3\nTO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL\nYEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033.”\n2. Authorize the Interim City Manager to execute all documents necessary to\neffectuate this action.

N. TRIBAL SALES TAX AGREEMENT BETWEEN CITY OF PALM SPRINGS AND\nAGUA CALIENTE BAND OF CAHUILLA INDIANS REGARDING RIVERSIDE\nCOUNTY TRANSPORTATION COMMISSION TRANSACTIONS AND USE TAX\nRECOMMENDATION:\n1. Approve the Tribal Sales Tax Agreement.\n2. Authorize the Interim City Manager (or her designee) to execute the Tribal Sales\nTax Agreement, as well as any other documents necessary to carry out the\nAgreement.

O. RATIFY THE NOMINATION OF THE CITY OF CATHEDRAL CITY TO THE PALM\nSPRINGS INTERNATIONAL AIRPORT COMMISSION\nRECOMMENDATION:\nAppoint Tony Michaelis, representing the City of Cathedral City, to the Palm Springs\nInternational Airport Commission effective immediately for a term ending June 30,\n2024.

P. ACCEPTANCE OF RESIGNATIONS FROM THE AIRPORT COMMISSION, HUMAN\nRIGHTS COMMISSION, AND SUSTAINABILITY COMMISSION\nRECOMMENDATION:\nAccept with regret the resignation of Thomas Weil from the Airport Commission,\nTerrie Andrade from the Human Rights Commission, and Randy Evans from the\nSustainability Commission.\nJanuary 12, 2023 City Council Regular Meeting Agenda 7

Q. SECOND READING AND ADOPTION OF ORDINANCE NO. 2074 APPROVING A\nGENERAL PLAN AMENDMENT AND A ZONING TEXT AMENDMENT TO MODIFY\nRESIDENTIAL DENSITY STANDARDS FOR THE CBD LAND USE DESIGNATION\nAND TO REVISE LEGAL NON-CONFORMING CRITERIA TO ALLOW\nCONVERSION OF CERTAIN HOTEL USES TO MULTIFAMILY RESIDENTIAL\nAPARTMENT USES (CASE NO. 5.1549 GPA & 5.1539 ZTA)\nRECOMMENDATION:\nWaive the second reading of text in its entirety, read by title only, and adopt\nOrdinance No. 2074, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nPALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1539 ZTA, ZONE TEXT\nAMENDMENT, TO AMEND THE PALM SPRINGS ZONING CODE BY ADDING\nSECTION 94.05.085 TO REVISE LEGAL NON-CONFORMING CRITERIA TO\nALLOW FOR CERTAIN HOTEL TO APARTMENT CONVERSIONS WITH A\nCONDITIONAL USE PERMIT (CASE 5.1539 ZTA).”

R. SECOND READING AND ADOPTION OF ORDINANCE NO. 2076 APPROVING\nAMENDMENTS TO PALM SPRINGS ZONING CODE CHAPTER 92.00 RELATED\nTO ZONING REGULATIONS FOR CHILDCARE USES (CASE 5.1566 ZTA)\nRECOMMENDATION:\nWaive the second reading of text in its entirety, read by title only, and adopt\nOrdinance No. 2076, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nPALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 92.00 OF THE PALM\nSPRINGS ZONING CODE RELATED TO THE ZONING REQUIREMENTS FOR\nCHILDCARE USES (CASE 5.1566 ZTA).”

S. APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST\nOPERATING SERVICES, INC. IN THE AMOUNT OF $598,828 FOR LIFT STATION\nNO. 1 IMPROVEMENTS, CITY PROJECT 22-43\nRECOMMENDATION:\n1. Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West\nOperating Services, Inc. in an amount not to exceed $598,828 for Lift Station No.\n1 Improvements, City Project No. 22-43\n2. Authorize the Interim City Manager to execute all necessary documents.\nEXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate\ndiscussion are considered at this time.\nJanuary 12, 2023 City Council Regular Meeting Agenda 8\n2. PUBLIC HEARINGS: