Palm Springs — 2023-10-26

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.\nEven though the State and local declared states of emergency have ended,\ncommunity spread of COVID-19 continues to exist, and measures to reduce the\nspread, including physical distancing measures, continue to be necessary for the\npublic, health, safety and welfare; and\n2. State and local officials continue to recommend social distancing measures, which\ncan impact 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\nCommittees), shall be authorized to conduct public meetings in accordance with\nGovernment Code section 54953(e)(2) and other applicable provisions of the Brown\nAct for remote only or hybrid teleconference meetings.

B. APPROVAL OF MINUTES\nRECOMMENDATION:\nApprove the City Council Meeting Minutes of September 14 and September 26,\n2023.

C. ACCEPT RESIGNATIONS FROM VARIOUS BOARDS AND COMMISSIONS\nRECOMMENDATION:\n1. Accept the resignation of Jerry Alcorn from the Parks and Recreation\nCommission effective immediately.\n2. Accept the resignation of Dean Grubl from the Sustainability Commission\neffective immediately.

D. AUTHORIZE ISSUANCE OF LETTERS IN SUPPORT OF ASSEMBLY\nCONSTITUTIONAL AMENDMENT NO. 1 (ACA 1) AND ASSEMBLY\nCONSTITUTIONAL AMENDMENT NO. 13 (ACA 13)\nRECOMMENDATION:\nAuthorize issuance of two (2) letters in support of 1) Assembly Constitutional\nAmendment No. 1 (ACA 1) and 2) Assembly Constitutional Amendment No. 13\n(ACA 13).

E. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE\nPERIOD OF SEPTEMBER 1 THROUGH SEPTEMBER 30, 2023\nRECOMMENDATION:\nReceive and file the report of Staff Authorized Agreements and Purchase Orders for\nthe period of September 1 through September 30, 2023.

F. APPROVE USE AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR\nACCESS TO AND USE OF THE PUBLIC SAFETY ENTERPRISE\nCOMMUNICATION SYSTEM\nRECOMMENDATION:\n1. Approve Use Agreement 23G306 with the County of Riverside for an initial\nterm ending December 31, 2028, with one five-year option to renew, for access\nto and use of the Public Safety Enterprise Communication radio system for an\nestimated amount of $1,110,846 through June 30, 2025.\n2. Appropriate $110,000 from the Airport Operations and Maintenance fund\nbalance in Fiscal Year 2024-25 budget.\n3. Authorize the City Manager or their designee to execute all necessary\ndocuments.

G. APPROVAL OF PROFESSIONAL SERVICE AGREEMENT NO. 23P319 WITH\nKOUNKUEY DESIGN INITIATIVE, INC. IN AN AMOUNT NOT TO EXCEED\n$325,000 TO UPDATE THE PARKS & RECREATION MASTER PLAN\nRECOMMENDATION:\n1. Approve Professional Services Agreement No. 23P319 with Kounkuey Design\nInitiative, Inc. to provide an update to the Parks & Recreation Master Plan for\nan amount not to exceed $325,000\n2. Authorize the City Manager or designee to execute all necessary documents.

H. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,\nCALIFORNIA, EXTENDING THE PARKLET USE THROUGH DECEMBER 31,\n2028\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE DATE FOR PARKLET\nUSAGE.”

I. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P227 WITH CITYGATE\nASSOCIATES, LLC FOR AN ORGANIZATION ANALYSIS, COMMUNITY RISK\nASSESSMENT, STANDARD OF COVERAGE, AND FIVE-YEAR STRATEGIC\nPLAN\nRECOMMENDATION:\n1. Approve Contract Services Agreement No. 23P227 with Citygate Associates,\nLLC to provide Fire Department organizational analysis, community risk\nassessment, the standard of coverage, and 5-year strategic plan for a\nsix-month term in an amount not to exceed $177,809 beginning November 1,\n2023, through April 30, 2024, with one one-year extension option at the City’s\nsole discretion; and\n2. Authorize the City Manager or designee to execute all necessary documents.

J. ADOPT A RESOLUTION ADOPTING A FLAG DISPLAY POLICY AND\nAUTHORIZING THE DISPLAY OF THE PRIDE FLAG AT CITY FACILITIES\nANNUALLY IN THE MONTH OF NOVEMBER\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A FLAG DISPLAY POLICY\nAND AUTHORIZING THE DISPLAY OF THE PRIDE FLAG AT CITY-OWNED\nFACILITIES ANNUALLY IN THE MONTH OF NOVEMBER.”

K. APPROVE CONSULTING SERVICES AGREEMENT NO. 23Q314 WITH M.\nARTHUR GENSLER JR. & ASSOCIATES, INC. FOR DESIGN AND\nCONSTRUCTION SUPPORT SERVICES FOR AIRPORT PUBLIC RESTROOMS\nRECOMMENDATION:\n1. Approve Consulting Services Agreement No. 23Q314 with Gensler to provide\ndesign services for an amount not to exceed $236,429 for Phase I – Basis of\nDesign and Project Definition.\n2. Authorize the City Manager or designee to negotiate and amend the contract at\na later date to continue into Phase II of the project to complete the design of\nthe project and provide construction support services for an amount not to\nexceed $3,000,000.\n3. Authorize the City Manager or designee to execute all necessary documents.

L. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 23Q082 WITH C&S\nENGINEERS, INC. FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES\nFOR EMPLOYEE AND ECONOMY PARKING LOTS\nRECOMMENDATIONS:\n1. Approve Professional Services Agreement No. 23Q082 with C&S Engineers,\nInc. to provide design services for an amount not to exceed $154,058 for\nPhase I – Programming and Investigation of the project.\n2. Authorize the City Manager or designee to negotiate and amend the contract\nat a later date to continue into Phase II of the project to complete the design\nof the project and provide construction support services for an amount not to\nexceed $2,000,000.\n3. Authorize the City Manager or designee to execute all necessary documents.

M. APPROVE CONTRACT SERVICE AGREEMENT NO. 23I320 WITH AVIATRIX\nCOMMUNICATIONS, LLC FOR WEBSITE SUPPORT AND MAINTENANCE\nSERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT\nRECOMMENDATIONS:\n1. Approve Contract Services Agreement No. 23I320 with Aviatrix\nCommunications, LLC to provide website support and maintenance services\nfor the Palm Springs International Airport in an amount not to exceed $65,258\nfor an initial two-year term beginning September 1, 2023, through August 31,\n2025.\n2. Authorize the City Manager or designee to execute all necessary documents.

N. APPROVE AMENDMENT NO. 4 TO CONSULTING SERVICES AGREEMENT\nA5548 WITH HARRELL & COMPANY ADVISORS, LLC\nRECOMMENDATIONS:\n1. Approve Amendment No. 4 to Consulting Services Agreement No. A5548 with\nHarrell & Company Advisors LLC, approving an extension through October\n31, 2026, for financial advising services in an amount not to exceed $236,000.\n2. Authorize the City Manager to execute all necessary documents.

O. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9148 WITH DOWNS\nENERGY FOR DELIVERY OF FUEL\nRECOMMENDATIONS:\n1. Approve Amendment No. 2 to Agreement A9148 with Downs Energy for\ndelivery of fuel in an additional amount of $777,435.63 for a total revised\ncontract amount not to exceed $3,477,435.63, over the five-year term.\n2. Authorize the City Manager to execute all necessary documents.

P. APPROVE CONTRACT CHANGE ORDER NO. 3 IN THE AMOUNT OF\n$63,698.20 FOR THE AIRPORT COMMON USE PODIUMS – BONO\nCONCOURSE, CITY PROJECT 21-28\nRECOMMENDATIONS:\n1. Approve Contract Change Order No. 3 with CALTEC, a California\ncorporation, in the amount of $63,698.20 for the Airport Common Use\nPodiums – Bono Concourse, City Project No. 21-28.\n2. Authorize the City Manager or his designee to execute all necessary\ndocuments.\n3. Appropriate $63,698.20 from the Airport Special Capital Projects fund balance.

Q. ADOPT A RESOLUTION APPROVING A DAY OF REMEMBRANCE HONORING\nLAURA ANN CARLETON\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DAY OF\nREMEMBRANCE HONORING LAURA ANN CARLETON.”

R. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B224 WITH AL\nMILLER & SONS ROOFING CO., INC. FOR ON-CALL ROOFING REPAIR AND\nINSTALLATION SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT\nRECOMMENDATION:\n1. Approve Contract Services Agreement No. 23B224 with Al Miller & Sons\nRoofing Co., Inc. to provide on-call roofing repair and installation services for\nthe Palm Springs International Airport in an amount not to exceed $900,000\nfor the initial three-year term beginning November 1, 2023, through October\n31, 2026, with two one-year extension options at the City’s sole discretion.\n2. Authorize the City Manager or designee to execute all necessary documents.

S. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B223 WITH SQUARE\nSIGNS LLC DBA FRONT SIGNS FOR ON-CALL SIGNAGE AND WAYFINDING\nINSTALLATION AND REPAIR SERVICES FOR PALM SPRINGS\nINTERNATIONAL AIRPORT\nRECOMMENDATIONS:\n1. Approve Contract Services Agreement 23B223 with Square Signs LLC dba\nFront Signs to provide on-call signage and wayfinding installation and repair\nservices for the Palm Springs International Airport in an amount not to exceed\n$600,000 for the initial three-year term beginning November 1, 2023, through\nOctober 31, 2026, with two one-year extension options at the City’s sole\ndiscretion.\n2. Authorize the City Manager or designee to execute all necessary documents.

T. APPROVE AMENDMENT NO. 2 TO THE CONSULTING SERVICES\nAGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE\nCOACHELLA VALLEY ECONOMIC PARTNERSHIP FOR THE PALM SPRINGS\nINNOVATION HUB AND ACCELERATOR CAMPUS FOR A THREE-YEAR\nPERIOD\nRECOMMENDATION:\n1. Approve Amendment No 2 to the Consulting Services Agreement for the\noperation of the Palm Springs iHub with the Coachella Valley Economic\nPartnership in an amount of $200,000 for an additional one-year term\nbeginning July 1, 2023, and continuing until June 30, 2024, with two one-year\noptions.\n2. Authorize the City Manager to execute all necessary documents.

A. REQUEST TO AMEND CHAPTER 6.15 OF THE PALM SPRINGS MUNICIPAL\nCODE RELATING TO MOBILE FOOD VENDING VEHICLE REGULATIONS\nRECOMMENDATION:\n1. Waive the reading of the ordinance text in its entirety and read by title only;\nand\n2. Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE\nCITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6.15 OF\nTHE PALM SPRINGS MUNICIPAL CODE RELATING TO MOBILE FOOD\nVENDING VEHICLE REGULATIONS.”

B. REPORT ON STATE OF CANNABIS AND POSSIBLE DIRECTION REGARDING\nSAME; URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,\nCALIFORNIA, ADOPTING AN IMMEDIATE MORATORIUM ON CITY\nAPPROVAL OF NEW APPLICATIONS AND TRANSFERS PERMITS TO\nENGAGE IN CANNABIS RETAIL FOR CONSIDERATION OF APPROPRIATE\nAMENDMENTS TO THE MUNICIPAL CODE IN ACCORDANCE WITH\nGOVERNMENT CODE SECTIONS 65858 (4/5TH Vote Required)\nRECOMMENDATION:\n1. Receive the report from City Staff and provide direction to Staff as appropriate.\n2. Waive the reading of the text in its entirety, read by title only, and adopt an\nurgency Ordinance entitled, “AN INTERIM URGENCY ORDINANCE OF THE\nCITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A TEMPORARY\nMORATORIUM ON CITY APPROVAL OF NEW APPLICATIONS AND\nTRANSFER FOR PERMITS TO ENGAGE IN CANNABIS RETAIL FOR\nCONSIDERATION OF APPROPRIATE AMENDMENTS TO THE MUNICIPAL\nCODE IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858\n(4/5TH Vote Required).”\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 Brown\nAct, it generally cannot take any action on items not listed on the posted agenda. Two (2)\nminutes 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 may\nbriefly discuss items of concern and prioritize agenda items for future meeting dates.