Palm Springs — 2023-04-27
City Council
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Order of Business 0
A. World Wish Day Proclaimation
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B. Traffic Signal Synchronization Project Update
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Order of Business 1
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION,\nAND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL\n361\nRECOMMENDATION:\nBy motion, find that:\n1. The City Council has reconsidered the circumstances of the state of\nemergency. Even though the State and local declared states of\nemergency have ended, community spread of COVID-19 continues to\nexist, and measures to reduce the spread, including physical\ndistancing measures, continue to be necessary for the public, health,\nsafety and welfare; and\n2. State and local officials continue to recommend social distancing\nmeasures, which can impact the ability of the City and the public to\nmeet safely in person; and\n3. The City Council, and its subordinate bodies (Boards, Commissions,\nand Committees), shall be authorized to conduct public meetings in\naccordance with Government Code section 54953(e)(2) and other\napplicable provisions of the Brown Act for remote only or hybrid\nteleconference meetings
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A. AWARD A SERVICE AGREEMENT FOR REPARATIONS PROGRAM\nSERVICES\nRECOMMENDATION:\n1. Award a one-year service agreement with The Trustees of\nColumbia University in the City of New York to provide reparations\nprogram services for an estimated amount not to exceed\n$502,304.\n2. Approve the appropriation of $502,304 for Fiscal Year 2022-2023\nbudget from the general fund budget to fund this service.\n3. Authorize the City Manager or designee to execute the agreement.\nd, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,\nAPPROVING THE 2023-2024 COMMUNITY DEVELOPMENT\nBLOCK GRANT (CDBG) ANNUAL ACTION PLAN; APPROVING\nTHE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET\nFOR FISCAL YEAR 2023-2024 IN THE AMOUNT OF $413,506;\nAUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET\nTO THE UNITED STATES DEPARTMENT OF HOUSING &\nURBAN DEVELOPMENT (HUD); AND AUTHORIZING THE CITY\nMANAGER TO EXECUTE THE APPROVAL/AGREEMENT WITH\nHUD – GRANT # B-23-MC-06-0561 IN THE ESTIMATED\nAMOUNT OF $413,506 AND TO EXECUTE THE SUBRECIPIENT\nAGREEMENTS”.\n3. BUSINESS & LEGISLATIVE:
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B. APPROVE ADDITIONAL FUNDING IN THE AMOUNT OF $3,000,000\nFOR DEVELOPMENT AND CONSTRUCTION OF THE ALOE PALM\nCANYON PROJECT LOCATED AT 1479 NORTH PALM CANYON\nDRIVE, A 71-UNIT SENIOR HOUSING PROJECT IN THE CITY OF\nPALM SPRINGS\nRECOMMENDATION:\n1. Appropriate funds in the amount of $3,000,000 from Housing Set-\nAside resources in the Fiscal Year 2023 Budget.\n2. Approve a Funding Commitment in the amount of $3,000,000 for\nthe West Hollywood Community Housing Corporation for the Aloe\nPalm Canyon Project, subject to terms and conditions of the\nDisposition and Development Agreement.\n3. Authorize the City Manager to execute any necessary documents in\norder to carry out the foregoing, including a Funding Commitment\nLetter for the Aloe Palm Canyon Project, including making minor,\nnon-substantive changes, and to sign all documents necessary.
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C. ORDINANCE AMENDING CITY MUNICIPAL CODE TO ESTABLISH\nPERMANENT LIMITATIONS ON THIRD-PARTY FOOD DELIVERY\nFEES\nRECOMMENDATION:\nRead by title and introduced an Ordinance entitled, “AN ORDINANCE\nOF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,\nCALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM SPRING\nMUNICIPAL CODE, REGARDING LIMITATIONS ON THIRD-PARTY\nFOOD DELIVERY FEES.”\nPUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for\nmembers of the public to address the City Council on items of general interest\nwithin the subject matter jurisdiction of the City. Although the City Council\nvalues your comments, pursuant to the Brown Act, it generally cannot take\nany action on items not listed on the posted agenda. Two (2) minutes will be\nassigned to each speaker.\nCITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, &\nAGENDA DEVELOPMENT: This time is set aside for the City Council and\nCity Manager to provide additional general comments and reports.\nAdditionally, the City Council and City Manager may briefly discuss items of\nconcern and prioritize agenda items for future meeting dates.
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D. APPROVE AN AMENDMENT TO AGREEMENT NO. 8922 WITH\nMARTHA’S VILLAGE AND KITCHEN\nRECOMMENDATION:\n1. Approve Amendment No. 4 to Agreement No. A8922 with Martha’s\nVillage and Kitchen to:\nMake corrections to Amendment No. 3 to reflect an annual\namount of $212,050, an increased overnight sheltering amount\nof $105,464 and a revised total not-to-exceed contract amount\nfor this third amendment of $529,564.\nExercise option to extend Agreement until June 30, 2024, for an\nadditional amount not to exceed $212,050 and revised total not-\nto-exceed contract amount of $741,614.\nAllow temporary overnight shelter services from June 1, 2023, to\nSeptember 30, 2023, from December 1, 2023, to February 29,\n2024, at no additional cost to the City.\n2. Authorize the City Manager or designee to make minor technical\nchanges and execute all necessary documents.
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E. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR\nTHE PERIOD OF MARCH 1 THROUGH MARCH 31, 2023\nRECOMMENDATION:\nReceive and file the report of Staff Authorized Agreements and Purchase\nOrders for the period of March 1 through March 31, 2023.
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F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM\nSPRINGS, CALIFORNIA, APPOINTING AN INTERIM RETIRED\nANNUITANT TO THE VACANCY POSITION OF BUILDING OFFICIAL\nFOR THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE\nSECTION 21221(H) EFFECTIVE JANUARY 17, 2023.\nRECOMMENDATION:\n1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,\nAPPOINTING AN INTERIM RETIRED ANNUITANT TO THE\nVACANCY POSITION OF BUILDING OFFICIAL FOR THE CITY OF\nPALM SPRINGS UNDER GOVERNMENT CODE SECTION\n21221(H) EFFECTIVE JANUARY 17, 2023.”\n2. Authorize the City Manager to execute any documents necessary to\neffectuate the above actions.
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G. APPROVE COOPERATIVE PURCHASE AGREEMENT 23C085 WITH\nTT FASTER LLC, DBA FASTER ASSET SOLUTIONS FOR FLEET\nMANAGEMENT SOFTWARE IN AN AMOUNT NOT TO EXCEED\n$43,178.85\nRECOMMENDATION:\n1. In accordance with Palm Springs Municipal Code Section 7.09.010,\n“Cooperative Purchasing Programs,” approve Cooperative\nPurchase Agreement 23C085 (with TT FASTER LLC, dba FASTER\nAsset Solutions, in an amount not to exceed $43,178.85 beginning\nApril 1, 2023, and continuing through March 31, 2026.\n2. Authorize the City Manager or designee to execute all necessary\ndocuments.
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H. APPROVE AGREEMENT NO. 23C078 WITH QUINN COMPANY DBA\nQUINN POWER SYSTEMS FOR EMERGENCY GENERATOR\nMAINTENANCE SERVICES\nRECOMMENDATION:\n1. Approve Cooperative Purchase Agreement 23C078 with Quinn\nCompany dba Quinn Power Systems, to provide emergency\ngenerator maintenance services in an amount not to exceed\n$175,000 for the initial three-year term beginning May 1, 2023, and\ncontinuing through April 30, 2026, with two one-year extension\noptions at the City’s sole discretion.\n2. Authorize the City Manager or designee to execute all necessary\ndocuments.
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I. APPROVE AGREEMENT NO 23C089 WITH MIRACLE RECREATION\nEQUIPMENT COMPANY FOR THE PURCHASE AND INSTALLATION\nOF PLAYGROUND EQUIPMENT AND SHADE STRUCTURES AT\nDEMUTH AND VICTORIA PARKS\nRECOMMENDATION:\n1. Approve Cooperative Purchase Agreement 23C089 with Miracle\nRecreation Equipment Company, to purchase and install\nplayground equipment and shade structures at Demuth and Victoria\nParks, in an amount not to exceed $1,325,848.45.\n2. Delegate authority to the City Manager or designee to approve and\nexecute change orders up to a total amount of $132,584.85 (10%)\nwith all change orders reported to the City Council at the project\ncompletion.\n3. Authorize the City Manager or designee to execute all necessary\ndocuments.
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J. APPROVE CONTRACT SERVICE AGREEMENT NO. 23B067 WITH\nBIRDAIR, INC. FOR FABRIC ROOF SYSTEM INSPECTION,\nMAINTENANCE, AND REPAIR SERVICES\nRECOMMENDATION:\n1. Approve Contract Services Agreement 23B067 with Birdair, Inc. to\nprovide fabric roof system inspection, maintenance, and repair\nservices in an amount not to exceed $150,000 for the initial three-\nyear term beginning May 1, 2023, through April 30, 2026, with two\none-year extension options at the City’s sole discretion.\n2. Authorize the City Manager or his designee to execute all\nnecessary documents.
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K. APPROVE AMENDMENT NO. 6 TO CONTRACT SERVICES\nAGREEMENT NO. 7139 WITH CONSERVE LANDCARE, LLC FOR\nLANDSCAPE AND GROUNDS MAINTENANCE SERVICES\nRECOMMENDATION:\n1. Approve turf conversion projects for Baristo, Desert Highland,\nFrances Stevens, Ruth Hardy and Victoria Parks as unanimously\napproved and recommended by the Parks & Recreation\nCommission.\n2. Approve Amendment No. 6 (Attachment B) to Contract Services\nAgreement No. 7139 with Conserve LandCare, LLC for a not-to-\nexceed amount of $4,253,472.01 for the turf conversion, extended\nterm, CPI increase and a revised total contract amount of\n$9,791,036.14.\n3. Authorize the City Manager to execute all necessary documents.
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L. APPROVE AMENDMENT NO. 2 TO AGREEMENT A7202 WITH WEST\nCOAST ARBORISTS, INC. FOR CITYWIDE TREE TRIMMING\nSERVICES\nRECOMMENDATION:\n1. Approve Amendment No. 2 to Agreement No. A7202 with West\nCoast Arborists, Inc. to provide citywide tree trimming services in an\nadditional amount of $250,000 for a total revised contract amount\nnot to exceed $2,758,100 through September 30, 2023.\n2. Authorize the City Manager or designee to execute all necessary\ndocuments.
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M. APPROVE CONTRACT SERVICES AGREEMENT NO. 23S081 WITH\nAIRBADGE, LLC TO PROVIDE SOFTWARE SERVICES FOR\nAIRPORT BADGING FOR THE PALM SPRINGS INTERNATIONAL\nAIRPORT\nRECOMMENDATION:\n1. Approve Contract Services Agreement No. 23S081 with AirBadge,\nLLC, to provide annual software services integrating with AAAE in\nan amount not to exceed $270,000 commencing on July 1, 2023\nand ending on June 30, 2026.\n2. Authorize the City Manager or designee to execute all necessary\ndocuments.
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N. APPROVE A NEW AIRPORT USE AND LEASE AGREEMENT AND\nNON-SIGNATORY AIRLINE OPERATING PERMIT FOR THE PALM\nSPRINGS INTERNATIONAL AIRPORT\nRECOMMENDATION:\n1. Approve the new AULA for seven Signatory Airlines: Air Canada,\nAlaska Airlines, American Airlines, Delta Air Lines, Southwest\nAirlines, United Airlines, and WestJet along with other future eligible\nairlines desiring to enter into an AULA for an initial five-year term\nbeginning July 1, 2023, through June 30, 2028, with two, two-year\nextension option periods.\n2. Approve the new Permit for five Non-Signatory Airlines: Allegiant,\nJetBlue, Avelo, Flair, and Sun Country along with other future\nairlines desiring to obtain a Permit to operate at the Airport on a\nmonth-to-month basis beginning July 1, 2023.\n3. Authorize the City Manager or his designee to execute all\nnecessary documents.
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O. APPROVE SERVICE AGREEMENT NO. 23S080 WITH THE\nAMERICAN ASSOCIATION OF AIRPORT EXECUTIVES TO PROVIDE\nMANDATED VETTING AND COMPUTER-BASED TRAINING FOR\nTHE PALM SPRINGS INTERNATIONAL AIRPORT\nRECOMMENDATION:\n1. Approve a three-year agreement with American Association of\nAirport Executives to provide mandated background vetting\nservices and computer-based training in the amount of $126,675\ncommencing on July 1, 2023, and ending on June 30, 2026,\nincluded as Attachment A.\n2. Authorize the City Manager or designee to execute all necessary\ndocuments.
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P. AWARD AN AIRPORT ADVERTISING CONCESSIONS AGREEMENT\nRECOMMENDATION:\n1. Award an advertising concessions agreement with Fuse Connect,\nLLC. for a term of three years with two one-year options to renew\nfor a concessions fee of 57 percent of gross revenue.\n2. Authorize the City Manager or designee to execute the agreement.
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Q. AWARD A SERVICE AGREEMENT FOR AGENDA MANAGEMENT\nSOFTWARE\nRECOMMENDATION:\n1. Award a five-year service agreement with eScribe Software Ltd to\nprovide agenda management software for an amount of $98,251 for\na five-year term.\n2. Authorize the City Manager or designee to execute the agreement.
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R. APPROVE COMMUNICATIONS SYSTEM AND SERVICES\nAGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR DISPATCH\nAND OPERATIONS CENTER CONSOLE EQUIPMENT, SYSTEM\nINTEGRATION SERVICES, AND WARRANTY SERVICES\nRECOMMENDATION:\n1. Approve Contract Service Agreement No. 23S077 with Motorola\nSolutions, Inc. for Police Dispatch and Airport Operations center\nequipment, system integration services, and warranty services for a\nfive-year term in an amount not to exceed $520,007, beginning on\nthe issuance of a notice to proceed.\n2. Authorize the City Manager or his designee to execute all\nnecessary documents.
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S. APPROVE AND AUTHORIZE THE SUBMITTAL OF CALIFORNIA\nOFFICE OF EMERGENCY MANAGEMENT FORM CALOES 130\nDESIGNATING PERSONNEL TO ACT AS THE AGENT FOR THE\nCITY WHEN SEEKING FINANCIAL ASSISTANCE AFTER A\nDISASTER\nRECOMMENDATION:\n1. Approve the CalOES Form 130 Disaster Designees as the City\nManager, Fire Chief, and Director of Finance and Treasury.\n2. Direct the City Clerk to certify the CalOES Form 130.\n3. Direct the Emergency Management Coordinator to transmit\nCalOES Form 130 to the California Office of Emergency Services.
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T. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY\nOF PALM SPRINGS, SERVING AS LEAD PUBLIC AGENCY, WITH\nTHE BOYS AND GIRLS CLUB OF PALM SPRINGS TO ACCEPT\nGRANT FUNDING FROM THE CALIFORNIA BOARD OF STATE AND\nCOMMUNITY CORRECTIONS PROPOSITION 64 PUBLIC HEALTH\nAND SAFETY GRANT\nRECOMMENDATION:\nAdopt a Resolution authorizing the City Manager or City Manager’s\ndesignee to 1) accept the grant for the Proposition 64 Public Health and\nSafety Grant Program Cohort 3 in the amount of $3,000,000 and\nexecute the grant agreement with the Board of State and Community\nCorrections (BSCC); 2) establish the Proposition 64 Public Health and\nSafety Grant Project; 3) establish the revenue and expenditure budgets\nfor the amount up to $3,000,000 in the Operating Grants Fund.
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U. APPROVE EXPENDITURE IN THE AMOUNT OF $10,000 FOR THE\n“PALM SPRINGS WELCOMES YOU” MURAL PROJECT AT THE\nPALM SPRINGS INTERNATIONAL AIRPORT in the regional terminal\nBREEZEWAY\nRECOMMENDATION:\nApprove the expenditure of Public Art Funds in the amount of $10,000\nfor the “Palm Springs Welcomes You” mural at the Palm Springs\nInternational Airport.
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V. AWARD OF A CONSTRUCTION CONTRACT TO PACIFIC WEST\nUNDERGROUND, INC. IN THE AMOUNT OF $648,135 FOR THE\nARNICO PHASE 4 SEWER IMPROVEMENTS, CITY PROJECT 21-17\nRECOMMENDATION:\n1. Award the construction contract to Pacific West Underground, Inc.,\na California corporation, in the amount of $648,135 for the Arnico\nPhase 4 Sewer Improvements, City Project No. 21-17.\n2. Delegate authority to the City Manager or designee to approve and\nexecute construction contract change orders up to a total amount of\n$64,813 (10%) with all change orders reported to the City Council at\nproject completion.\n3. Authorize the City Manager or his designee to execute all\nnecessary documents.\nEXCLUDED CONSENT CALENDAR: Items removed from the Consent\nCalendar for separate discussion are considered at this time.