Palm Springs — 2023-01-26
City Council
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Order of Business 1
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 emergency\nduring a proclaimed state of emergency, and state or local officials have imposed or\nrecommended measures to promote social distancing, and as a result, the Palm Springs\nCity Council and all of Palm Springs Board, Commission, and Committee meetings may be\nheld by videoconference, in accordance with AB 361.
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C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS\nRECOMMENDATION:\nAdopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nPALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/\nDISBURSEMENTS FOR THE PERIOD ENDING 12-10-22 AND 12-24-22 TOTALING\n$4,400,085.74 AND ACCOUNTS PAYABLE WARRANTS DATED 12-08-22 AND 12-22-22\nTOTALING $6,801,888.83, IN THE AGGREGATE AMOUNT OF $11,201,974.57, DRAWN\nON BANK OF AMERICA."
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D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF\nDECEMBER 1 THROUGH DECEMBER 31, 2022\nRECOMMENDATION:\nReceive and file the report of Staff Authorized Agreements and Purchase Orders for the\nperiod of December 1 through December 31, 2022
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E. APPROVE ROSTER OF CITY COUNCIL SUBCOMMITTEES AND REPRESENTATIVES\nTO EXTERNAL ORGANIZATIONS\nRECOMMENDATION:\n1. Approve the roster of City Council subcommittees and representatives to external\norganizations.\n2. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official\nAppointments.
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F. APPROVAL OF SISTER CITY PROGRAM AGREEMENT\nRECOMMENDATION:\nApprove the Sister Cities International Partnership Agreement between the cities of Palm\nSprings, CA, U.S., and San Miguel de Allende, Guanajuato, Mexico.
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G. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9068 WITH M. BREY ELECTRIC,\nINC. FOR ELECTRICAL MAINTENANCE AND INSTALLATION SERVICES AND\nAPPROPRIATE $50,000 FROM THE GENERAL FUND BALANCE\nRECOMMENDATION:\n1. Approve Amendment No. 1 to Agreement No. A9068 with M. Brey Electric, Inc., to\nprovide electrical maintenance and installation services in an additional amount of\n$150,000 for a total revised contract amount not to exceed $750,000 through April 10,\n2025.\n2. Appropriate $50,000 from General Fund Balance to the Facilities Maintenance Fund\nfor this purchase.\n3. Authorize the Interim City Manager or designee to execute all necessary documents.
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Order of Business 3
A. APPROVAL OF CITY MANAGER EMPLOYMENT AGREEMENT WITH SCOTT STILES,\nICMA-CM, AND VERBAL REPORT REGARDING COMPENSATION TERMS\nRECOMMENDATION:\n1. Verbally Report a Summary of Compensation; and\n2. Approve Employment Agreement Appointing Scott Stiles as City Manager, effective\nMarch 6, 2023, and Setting Compensation and Other Terms of Employment.\nAJ/DP, 5.1554 CUP & TTM 38416)\nRECOMMENDATION:\n1. Open the hearing and receive public testimony.\n2. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY 12 @ LAS PALMAS,\nLLC AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO\nAPPROVE MAJOR DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT AND\nTENTATIVE TRACT MAP APPLICATIONS FOR THE CONSTRUCTION OF A NON-\nGATED, 12-UNIT MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT CONSISTING\nOF FOR-SALE CONDOMINIUMS ON A 0.95-ACRE SITE LOCATED AT 1424\nCAMINO NORTE, CASE NOS. 3.4289 MAJ/DP, 5.1554 CUP & TTM 38416.”\n3. BUSINESS & LEGISLATIVE:
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B. A REQUEST BY THE CITY OF PALM SPRINGS FOR ADOPTION OF AN URGENCY\nORDINANCE TO IMPLEMENT SENATE BILL 897 REQUIREMENTS FOR ACCESSORY\nDWELLING UNITS, CASE 5.1569 ZTA (4/5ths VOTE REQUIRED)\nRECOMMENDATION:\nWaive the reading of the Ordinance text in its entirety, read by title only, and adopt an\nurgency Ordinance entitled, "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF\nTHE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.23.14 OF THE\nCITY OF PALM SPRINGS MUNICIPAL CODE RELATING TO ACCESSORY DWELLING\nUNITS AND JUNIOR ACCESSORY DWELLING UNITS, AND DETERMINING THE\nORDINANCE TO BE EXEMPT FROM CEQA.”
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C. INTRODUCTION OF AN ORDINANCE, ENTITLED “AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING\nCHAPTER 16.04 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED “GENERAL\nRULES AND REGULATIONS” AND SECTION 11.08.080, RELATING TO TRESPASS ON\nRESIDENTIAL AND PUBLIC PROPERTY”\nRECOMMENDATION:\n1. Waive the reading of the ordinance text in its entirety and read by title only.\n2. Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 16.04\nOF THE PALM SPRINGS MUNICIPAL CODE ENTITLED “GENERAL RULES AND\nREGULATIONS” AND SECTION 11.08.080, RELATING TO TRESPASS ON RESIDENTIAL\nAND PUBLIC PROPERTY.”
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D. DISCUSSION ON DISPOSITION OF DESERT HIGHLAND GATEWAY ESTATES SINGLE-\nFAMILY RESIDENTIAL LOTS\nRECOMMENDATION:\nProvide staff direction on issuance of a Request for Proposals to dispose of three single-\nfamily lots in the Desert Highlands Gateway Estates Community.
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E. PROPOSED UPDATE OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5.77\nPERTAINING TO ADULT-ORIENTED BUSINESSES AND AN UPDATE TO CHAPTER\n11.10 PERTAINING TO PUBLIC NUDITY\nRECOMMENDATION:\n1. Waive the reading of the ordinance text in its entirety and read by title only.\n2. Introduce on first reading an Ordinance entitled, " AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF PALMS SPRINGS, CALIFORNIA, AMENDING\nCHAPTER 5.77 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO ADULT-\nORIENTED BUSINESS REGULATIONS AND AMENDING CHAPTER 11.10\nRELATING TO PUBLIC NUDITY.”\nPUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public\nto address the City Council on items of general interest within the subject matter jurisdiction of the\nCity. Although the City Council values your comments, pursuant to the Brown Act, it generally\ncannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned\nto each speaker.\nCITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:\nThis time is set aside for the City Council and City Manager to provide additional general comments\nand reports. Additionally, the City Council and City Manager may briefly discuss items of concern\nand prioritize agenda items for future meeting dates.
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H. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9071 WITH KINCAID\nINDUSTRIES, INC. FOR PLUMBING MAINTENANCE AND INSTALLATION SERVICES\nAND APPROPRIATE $100,000 FROM GENERAL FUND BALANCE\nRECOMMENDATION:\n1. Approve Amendment No. 1 to Agreement No. A9071 with Kincaid Industries, Inc., to\nprovide plumbing maintenance and installation services in an additional amount of\n$300,000 for a total revised contract amount not to exceed $600,000 through April 10,\n2025.\n2. Appropriate $100,000 from General Fund Balance to the Facilities Maintenance Fund\nfor this purchase.\n3. Authorize the Interim City Manager or designee to execute all necessary documents.
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I. APPROVAL OF CONTRACT SERVICES AGREEMENT NO. A9338 WITH DATA TICKET,\nINC. TO PROVIDE PARKING CITATION MANAGEMENT SERVICES\nRECOMMENDATION:\n1. Approve contract services agreement No. A9338 with Data Ticket, Inc. to provide\nparking citation processing and management services in an estimated amount of\n$20,861.80 annually for a period of five years.\n2. Authorize the Interim City Manager to execute all necessary documents.
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J. AWARD CONTRACT SERVICES AGREEMENT NO. A9391 WITH MEAD & HUNT, INC.\nFOR PROFESSIONAL CONSULTING SERVICES FOR THE PALM SPRINGS\nINTERNATIONAL AIRPORT COMPREHENSIVE AIRPORT MASTER PLAN\nRECOMMENDATION:\n1. Approve contract services agreement No. 9391 with Mead & Hunt, Inc. to provide a\ncomprehensive Airport Master Plan in 30 months in an amount not to exceed\n$2,275,816.\n2. Appropriate funds in the amount of $2,275,816 from Airport Capital Project Fund\nBalance in Fiscal Year 2023.\n3. Authorize the Interim City Manager or designee to execute all necessary documents.
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K. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B002 WITH WASTE\nEQUIPMENT SALES & SERVICE, INC., DBA WESSCO, FOR TWO TRASH\nCOMPACTORS FOR PALM SPRINGS INTERNATIONAL AIRPORT\nRECOMMENDATION:\n1. Approve contract services agreement 23B002 with Waste Equipment Sales & Service,\nInc. dba Wessco to provide two new roll-off trash compactors at the Palm Springs\nInternational Airport in an amount not to exceed $123,451.41.\n2. Appropriate $23,451.41 from Airport Fund 416 Special Capital Project Fund Balance.\n3. Authorize the Interim City Manager or designee to execute all necessary documents.
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L. AUTHORIZE WAIVER OF CITY FEES TO HOCKER PRODUCTIONS FOR THE 2023\nPALM SPRINGS HEALTH RUN & WELLNESS FESTIVAL AT RUTH HARDY PARK\nRECOMMENDATION:\n1. Authorize a waiver of City fees to Hocker Productions in the amount of $5,705 for\nsupport of the 2023 Palm Springs Health Run & Wellness Festival.\n2. Authorize the Interim City Manager to execute all necessary documents.
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M. APPROVE APPROPRIATION OF $405,000 FROM GENERAL FUND BALANCE TO\nCODE COMPLIANCE DEPARTMENT FOR ABATEMENT SERVICES\nRECOMMENDATION:\nApprove appropriation of $405,000 from General Fund Balance to the Code Compliance\nDepartment for abatement services.
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N. APPROVE AGREEMENT NO. 23B003 WITH MOORE FENCE COMPANY, INC. FOR ON-\nCALL FENCE REPAIR AND INSTALLATION SERVICES\nRECOMMENDATION:\n1. Approve contract services agreement No. 23B003 with Moore Fence Company, Inc. to\nprovide on-call fence repair and installation services for an amount not to exceed\n$300,000 beginning February 1, 2023, through January 31, 2026, with two one-year\nextension options at the City’s sole discretion.\n2. Authorize the Interim City Manager or designee to execute all necessary documents.\nEXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate\ndiscussion are considered at this time.\n2. PUBLIC HEARINGS: