Palm Springs — 2023-07-24

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND\nCOMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361\nRECOMMENDATION:\nBy motion, find that:\n1. The City Council has reconsidered the circumstances of the state of emergency.Even\nthough the State and local declared states of emergency have ended, community spread of\nCOVID-19 continues to exist, and measures to reduce the spread, including physical\ndistancing measures, continue to be necessary for the public, health, safety and welfare;\nand\n2. State and local officials continue to recommend social distancing measures, which can\nimpact the ability of the City and the public to meet safely in person;and\n3. The City Council, and its subordinate bodies (Boards, Commissions, and Committees),\nshall be authorized to conduct public meetings in accordance with Government Code\nsection 54953(e)(2) and other applicable provisions of the Brown Act for remote only or\nhybrid teleconference meetings. Click to View

B. APPOINTMENT TO VARIOUS BOARDS AND COMMISSIONS\nRECOMMENDATION:\n1. Appoint Mitchell Battersby to the Village Fest Board effective immediately to a term\nexpiring on June 30, 2026.\n2. Appoint Paige Azarakhsh and Erik Graham to the Sustainability Commission effective\nimmediately to a term expiring on June 30, 2026.\n3. Appoint Rod Davis to the Parks & Recreation Commission effective immediately to a\nterm expiring on June 30, 2026\nClick to View

C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD\nOF JUNE 1 THROUGH JUNE 30, 2023\nRECOMMENDATION:\nReceive and file the report of Staff Authorized Agreements and Purchase Orders for the\nperiod of June 1 through June 30, 2023. Click to View

D. APPROVAL OF 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 05-27-23, 06-10-23 AND 06-24-23\nTOTALING $6,453,342.73 AND ACCOUNTS PAYABLE WARRANTS DATED 05-25-23, 06-\n08-23 AND 06-22-23 TOTALING $13,170,913.55, IN THE AGGREGATE AMOUNT OF\n$19,624,256.28, DRAWN ON BANK OF AMERICA. Click to View

E. APPROVAL OF THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF PALM\nSPRINGS, THE CITY OF DESERT HOT SPRINGS, AND THE RIVERSIDE COUNTY\nFLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE WEST DESERT\nHOT SPRINGS MASTER DRAINAGE PLAN\nRECOMMENDATION:\n1. Approve a Cooperative Agreement by and between the City of Desert Hot Springs,\nRiverside County Flood Control and Water Conservation District, and the City of Palm\nSprings for the development and approval of the West Desert Hot Springs Master\nDrainage Plan.\n2. Authorize the City Manager to execute all necessary documents.\nClick to View

F. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZATION TO\nBID PALM SPRINGS STORM DRAIN LINE 20, CITY PROJECT 19-15\nRECOMMENDATION:\nApprove the plans, specifications and estimate and authorize Staff to advertise and solicit\nbids for Palm Springs Storm Drain Line 20, City Project 19-15. Click to View

G. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 23E111 WITH 4LEAF, INC. FOR\nINTERIM CITY BUILDING OFFICIAL SERVICES\nRECOMMENDATION:\n1. Approve Amendment No. 1 to Agreement No. 23E111 with 4Leaf, Inc., to provide\ncontinued interim building official services in an additional amount of $40,000 for a\ntotal revised contract amount not to exceed $114,400;\n2. Authorize the City Manager or designee to execute all necessary documents.\nClick to View

H. APPROVE COOPERATIVE PURCHASE AGREEMENT WITH NETWORK SERVICES\nCOMPANY DBA NETWORK DISTRIBUTION TO PROVIDE JANITORIAL SUPPLIES\nAND EQUIPMENT FOR THE PALM SPRINGS INTERNATIONAL AIRPORT\nRECOMMENDATION:\n1. Approve Cooperative Purchase Agreement No. 23C066 with Network Services\nCompany dba Network Distribution to provide janitorial supplies and equipment for\nthe Palm Springs International Airport for a four-year term in an amount not to exceed\n$800,000, beginning on the date provided in the Notice to Proceed, with a one-year\nextension option upon mutual agreement.\n2. Authorize the City Manager or his designee to execute all necessary documents.

I. APPROVAL OF AMENDMENT NO. 8 TO LEASE AGREEMENT NO. A3613 WITH PALM\nSPRINGS AIR MUSEUM FOR HANGAR RENTAL\nRECOMMENDATION:\n1. Approve a three-year lease extension for the Palm Springs Air Museum for a 10,000-\nsquare-foot hangar to store aircraft for a period commencing August 1, 2023, through\nJuly 31, 2026, at a rent of $2,500 per month.\n2. Authorize the Airport Executive Director to approve up to two additional six-month\nextensions commencing on August 1, 2026, if requested by the Palm Springs Air\nMuseum.\n3. Authorize the City Manager or designee to execute all necessary documents.

J. AWARD OF A FIVE-YEAR AIRPORT GROUND LEASE TO THE PALM SPRINGS AIR\nMUSEUM\nRECOMMENDATION:\n1. Approve Airport Ground Lease with the Palm Springs Air Museum for the initial five-\nyear term beginning August 1, 2023, through July 31, 2028, at a rental rate of $3,800\nper month, with a potential five-year extension option.\n2. Authorize the City Manager or designee to execute all necessary documents.

K. AUTHORIZE THE PURCHASE OF ONE (1) NEW CATERPILLAR 120JOY AWD MOTOR\nGRADER AND EQUIPMENT IN AN AMOUNT NOT TO EXCEED $515,187.10\nRECOMMENDATION:\n1. Approve the issuance of a purchase order to Quinn Company for the purchase of one\nnew Caterpillar 120JOY AWD Motor Grader and equipment in an amount not to\nexceed $515,187.10, inclusive of sales tax.\n2. Authorize the City Manager or designee to execute all necessary documents.

L. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT\nNO. A7148 FOR ON-CALL AVIATION CONSULTING SERVICES WITH RS&H\nCALIFORNIA, INC. AT THE PALM SPRINGS INTERNATIONAL AIRPORT\nRECOMMENDATION:\n1. Approve Amendment No. 1 to Professional Services Agreement No. A7184 with\nRS&H for a 3-year term.\n2. Authorize the City Manager or designee to execute all necessary documents.

M. APPROVE AGREEMENT NO. 23B148 WITH WATERLINE TECHNOLOGIES, INC. FOR\nPOOL CHEMICALS FOR THE PALM SPRINGS SWIM CENTER\nRECOMMENDATION:\n1. Approve Contract Services Agreement No. 23B148 with Waterline Technologies, Inc.,\nto provide pool chemicals for the Palm Springs Swim Center for an amount not to\nexceed $400,000 beginning August 1, 2023, through July 31, 2026, with two one-year\nextension options at the City’s sole discretion.\n2. Authorize the City Manager or designee to execute all necessary documents.

N. EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARDS RETIREE\nUNFUNDED ACCRUED LIABILITY (UAL)\nRECOMMENDATION:\nReceive and file. Click to View

O. APPROVE A REIMBURSEMENT AGREEMENT BY AND BETWEEN THE COACHELLA\nVALLEY ASSOCIATION OF GOVERNMENTS AND THE CITY OF PALM SPRINGS FOR\nDESIGN AND ENGINEERING SERVICES RELATED TO THE INDIAN CANYON DRIVE\nFLOOD AND BLOWSAND IMPROVEMENTS\nRECOMMENDATION:\n1. Approve a Reimbursement Agreement for an agreement by and between the City of\nPalm Springs and the Coachella Valley Association of Governments for the design\nand engineering services of the Indian Canyon Drive flood and blow sand\nimprovements.\n2. Authorize the City Manager to execute all necessary documents.

P. APPROVE AGREEMENT WITH EBSCO PUBLISHING FOR FIVE YEARS OF ACCESS\nTO ELECTRONIC MAGAZINE AND NEWSPAPER ARTICLES\nRECOMMENDATION:\n1. Approve a five-year agreement with EBSCO in the amount of $57,921 for cataloging,\nmetadata, and interlibrary loan services.\n2. Authorize the City Manager to execute all necessary documents.\nClick to View

Q. ACCEPTANCE OF INSTALLATION OF A FLASHING BEACON, CITY PROJECT 16-19\nRECOMMENDATION:\n1. Accept the public works improvement identified as the installation of a Flashing\nBeacon, City Project No. 16-19, as completed in accordance with the plans and\nspecifications; and\n2. Authorize the City Engineer to execute and file for recordation with the Riverside\nCounty Recorder a Notice of Completion for the installation of a Flashing Beacon,\nCity Project No. 16-19.\nClick to View

R. AUTHORIZATION TO REDUCE SUBDIVISION IMPROVEMENT SECURITIES FOR THE\n“MIRALON” DEVELOPMENT, TRACT NO. 31848-1\nRECOMMENDATION:\n1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF PALM SPRINGS, CALIFORNIA, AUTHORIZING A REDUCTION OF\nSECURITIES GUARANTEEING COMPLETION OF CERTAIN WORKS OF\nIMPROVEMENT ASSOCIATED WITH TRACT MAP 31848-1 REQUIRED BY THE\nSUBDIVISION IMPROVEMENT AGREEMENT WITH AVALON 1150, LLC, A\nDELAWARE LIMITED LIABILITY COMPANY, (A5393), FOR PROPERTY LOCATED\nALONG THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF NORTH INDIAN\nCANYON DRIVE, SOUTH OF WHITEWATER RIVER AND WEST OF SUNRISE\nWAY, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST.”\n2. Authorize the City Manager to execute any necessary documents.

S. AWARD OF A PROFESSIONAL DESIGN SERVICES CONTRACT TO KIMLEY-HORN\nAND ASSOCIATES, INC. IN THE AMOUNT OF $161,395 FROM MEASURE J FUNDS\nFOR THE DEMUTH PARK PICKLEBALL EXPANSION, CITY PROJECT NO. 22-24\nRECOMMENDATION:\n1. Award the professional design contract to Kimley-Horn and Associates, Inc., a\nCalifornia corporation, in the amount of $161,395 from Measure J funds for the\nDemuth Park Pickleball Expansion, City Project No. 22-24.\n2. Authorize the City Manager to execute all necessary documents.

T. AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PALM SPRINGS\nPLAZA THEATRE FOUNDATION FOR MANAGEMENT, OPERATION, AND\nENTERTAINMENT PRODUCTION SERVICES FOR THE HISTORIC PLAZA THEATRE\nRECOMMENDATION:\n1. Approve Agreement for Management, Operation, and Entertainment Production\nServices for the Historic Plaza Theatre between City of Palm Springs and The Palm\nSprings Plaza Theatre Foundation;\n2. Authorize the City Manager to execute said Agreement, as well as any minor changes\nto the Agreement acceptable to the City Manager and City Attorney.\nEXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate\ndiscussion are considered at this time.

A. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND\nPARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2023-2024\nRECOMMENDATION:\n1. Open the Public Hearing and take public testimony; and\n2. Adopt a Resolution “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nPALM SPRINGS, CALIFORNIA, APPROVING THE ENGINEER’S REPORT AND\nORDERING THE CONTINUED OPERATION AND MAINTENANCE OF\nIMPROVEMENTS FOR STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND\nPARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND\n2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND ORDERING THE\nLEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR\nFISCAL YEAR 2023/2024.”\nClick to View

B. PUBLIC HEARING ON APPEAL OF CALIBLISS, LLC CONDITIONAL CANNABIS\nEXPIRATION (PERMIT NO. C-2019-096)\nRECOMMENDATION:\n1. Open the public hearing and receive public testimony and evidence.\n2. Approve an extension by adopting a Resolution entitled, “A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REGARDING\nTHE APPEAL OF CALIBLISS, LLC FOR THE EXPIRATION OF CONDITIONAL\nCANNABIS PERMIT NO. C-2019-096.”\nClick to View\n3. BUSINESS & LEGISLATIVE:

A. AWARD A CONSTRUCTION MANAGER AT RISK AGREEMENT FOR THE INBOUND\nBAGGAGE CLAIM AT THE PALM SPRINGS INTERNATIONAL AIRPORT\nRECOMMENDATION:\n1. Award Construction Manager at Risk Agreement No. 23P160 with Skanska USA\nBuilding Inc. for the construction of the inbound baggage claim at the Palm Springs\nInternational Airport for an initial guaranteed maximum price not to exceed\n$29,041,747 which will adjust over time when the trade packages are bid, as outlined\nin the Agreement.\n2. Authorize the City Manager or designee to approve the final guaranteed maximum\namount for the project at a later date as outlined in the Agreement.\n3. Approve a contingency for the project of approximately 15% or $4,356,000 for\nadjustments to the scope of work or unforeseen conditions to meet the program\nrequirements and authorize the City Manager or designee to issue change orders up\nto this amount to allow the project to be completed in a timely manner.\nClick to View

B. APPROVE ADDITIONAL FUNDING IN THE AMOUNT OF $2,200,000 FOR THE\nDEVELOPMENT AND CONSTRUCTION OF THE MONARCH PROJECT LOCATED AT\n3290 N INDIAN CANYON DR, A 60-UNIT MULTI-FAMILY PROJECT IN THE CITY OF\nPALM SPRINGS\nRECOMMENDATION:\n1. Appropriate funds in the amount of $2,200,000 from Housing Set-aside resources in\nthe Fiscal Year 2024 Budget.\n2. Approve a Funding Commitment in the amount of $2,200,000 for the Community\nHousing Opportunities Corporation for the Monarch Apartment Homes Project,\nsubject to terms and conditions of the Disposition and Development Agreement; and\n3. Authorize the City Manager to execute a Funding Commitment Letter for the Monarch\nApartment Homes Project, including making minor, non-substantive changes, and to\nsign all documents necessary.\nClick to View

C. REQUEST FOR ACCEPTANCE OF AN INCLUSIONARY HOUSING FEASIBILITY\nANALYSIS AND A COMMERCIAL LINKAGE FEE NEXUS STUDY\nRECOMMENDATION:\nAccept the Inclusionary Housing Feasibility Analysis and the Commercial Linkage Fee\nNexus Study and provide further direction to staff. Click to View

D. REQUEST TO AMEND CHAPTER 6.15 OF THE PALM SPRINGS MUNICIPAL CODE\nRELATING TO MOBILE FOOD VENDING VEHICLE REGULATIONS\nRECOMMENDATION:\n1. Waive the reading of the ordinance text in its entirety and read by title only; and\n2. Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY OF\nPALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6.15 OF THE PALM\nSPRINGS MUNICIPAL CODE RELATING TO MOBILE FOOD VENDING VEHICLE\nREGULATIONS.”\nClick to View

E. INTRODUCTION AND FIRST READING OF A PROPOSED ORDINANCE OF THE CITY\nOF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF THE PALM SPRING\nMUNICIPAL CODE REGARDING THE HOTEL OPERATIONS INCENTIVE PROGRAM\nRECOMMENDATION:\nWaive reading of the text and introduce for first reading proposed an Ordinance entitled,\n“AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING\nCHAPTER 5.26 OF THE PALM SPRING MUNICIPAL CODE, REGARDING THE HOTEL\nOPERATIONS INCENTIVE PROGRAM.” Click to View