Palm Springs — 2023-11-09

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

AA. APPROVE THE PURCHASE OF NETWORK EQUIPMENT WITH FIVE YEARS OF\nSUBSCRIPTIONS AND SUPPORT FOR NAVIGATION CENTER\nRECOMMENDATION:\nApprove the purchase of network equipment with five years of subscriptions and support\nfor the Navigation Center from AMS.Net for $170,634 based on a cooperative contract.

B. APPROVAL OF MINUTES\nRECOMMENDATION:\nApprove the City Council Meeting Minutes of October 12, 2023, and October 26, 2023.

BB. APPROVE AGREEMENT WITH CHARTER COMMUNICATIONS, INC. FOR FIVE\nYEARS OF TELECOMMUNICATIONS SERVICES\nRECOMMENDATIONS:\n1. Approve an agreement with Charter Communications for five years of\ntelecommunications services at a cost not to exceed $1,525,948.\n2. Ratify past purchases of telecommunications services from Charter\nCommunications.

C. RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR\n2024\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nPALM SPRINGS, CALIFORNIA, APPROVING THE CITY COUNCIL REGULAR\nMEETING PLACE, DAYS, AND TIME AND RESCINDING RESOLUTION NO. 25075.”

CC. SECOND READING AND ADOPTION OF ORDINANCE NO. 2072 TO AMEND\nSECTION 16.36.020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE\nCONDUCT AND APPEARANCE OF AIRPORT COMMERCIAL VEHICLE OPERATORS\nRECOMMENDATION:\nWaive the second reading of text in its entirety, read by title only, and adopt Ordinance No.\n2072, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,\nCALIFORNIA, AMENDING SECTION 16.36.020 OF THE PALM SPRINGS MUNICIPAL\nCODE RELATING TO THE CONDUCT AND APPEARANCE OF AIRPORT\nCOMMERCIAL VEHICLE OPERATORS.”

D. REVIEW OF THE ROSTER OF CITY COUNCIL SUBCOMMITTEES AND APPOINTEES,\nLIAISONS, AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS\nRECOMMENDATIONS:\n1. For Council review and direction on changes to the roster of City Council\nsubcommittees, and appointees, liaisons, and representatives to external\norganizations as needed. Staff will bring forward this item for discussion at the\nDecember 14, 2023, City Council meeting.\n2. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official\nAppointments.

E. 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 09-02-23 AND 09-16-23 TOTALING\n$4,828,478.55 AND ACCOUNTS PAYABLE WARRANTS DATED 08-31-23 AND 09-14-23\nTOTALING $7,769,390.50, IN THE AGGREGATE AMOUNT OF $12,597,869.05, DRAWN

F. APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. A8374 WITH ALPHA\nPETROLEUM TRANSPORT, INC. II FOR COLLECTION, TRANSPORTATION,\nDISPOSAL, AND/OR DESTRUCTION OF WASTE MATERIALS\nRECOMMENDATIONS:\n1. Approve Amendment No. 3 to Agreement No. A8374 with Alpha Petroleum\nTransport, Inc. II, for the collection, transportation, disposal, and/or destruction of\nwaste materials in an additional amount of $1,028,383.07 for a total revised contract\namount not to exceed $1,238,294.91;\n2. Authorize the City Manager or designee to execute all necessary documents.\n3. Appropriate $681,791.36 from Airport Operations and Maintenance Fund 415 fund\nbalance.

G. APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO.\nA9154 WITH AMADEUS AIRPORT IT AMERICAS, INC. TO PROVIDE A\nCOMMON/SHARED USE PASSENGER PROCESSING SYSTEM FOR THE PALM\nSPRINGS INTERNATIONAL AIRPORT BOARDING GATES\nRECOMMENDATIONS:\n1. Approve Amendment No. 1 to Contract Services Agreement No. A9154 with\nAmadeus Airport IT Americas, Inc. for the addition of eleven ticket counter\ncommon/shared use positions in the ticketing wing, eight customer service counter\ncommon/shared use positions in the Bono Concourse, and four spare\ncommon/shared use positions, in an amount not to exceed $225,859.51 and to\nextend the schedule for the common/shared use project to a completion date of\nMarch 29, 2024, and for the project to be fully operational by April 19, 2024.\n2. Appropriate $225,859.51 from Airport Fund 416 to the account 4167065.80000\nbudget.\n3. Allow the City Manager or designee to execute all necessary documents.

H. APPROVE VARIOUS CITY DEPARTMENT BUILDOUT PROJECTS\nRECOMMENDATIONS:\n1. Authorize the City Manager to approve City department buildout expansions for Fire\nDepartment Administration, Human Resources, Economic Development,\nCommunications, Information Technology, and a kitchen/breakroom remodel in an\namount not to exceed $915,011.33;\n2. Approve Amendment No. 2 to Agreement No. A9136 with PUB Construction, Inc., to\nprovide building repair and renovation services in an additional amount of\n$348,673.14 for an amount not to exceed $1,098,673.14 through June 19, 2025 for\nthe buildout portion only.\n3. Authorize the City Manager or designee to execute all necessary documents.

I. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B225 WITH GRANITE\nCONSTRUCTION COMPANY FOR ON-CALL PAVEMENT REPAIR SERVICES FOR\nPALM SPRINGS INTERNATIONAL AIRPORT\nRECOMMENDATIONS:\n1. Approve Contract Services Agreement 23B225 with Granite Construction Company\nto provide on-call pavement repair services for the Palm Springs International Airport\nin an amount not to exceed $3,000,000 for the initial three-year term beginning\nNovember 1, 2023, through October 31, 2026, with two one-year extension options\nat the City’s sole discretion.\n2. Authorize the City Manager or designee to execute all necessary documents.

J. APPROVE TAHQUITZ CREEK GOLF COURSE PUMP STATIONS REPLACEMENT\nPROJECT\nRECOMMENDATIONS:\n1. Approve the award of the Tahquitz Creek Golf Course Pump Stations Replacement\nProject to High Tech Irrigations, Inc., in the amount of $1,112,977.99;\n2. Approve an appropriation of $1,112,977.99 from Golf Fund Reserves to the Golf\nFund for Tahquitz Creek Golf Course Pump Stations replacement project;\n3. Authorize the City Manager or designee to execute all necessary documents.

K. SECOND READING AND ADOPTION OF ORDINANCE NO. 2088, APPROVAL OF THE\nANNUAL UPDATE OF THE PALM SPRINGS ZONING AND MUNICIPAL CODES (CASE\n5.1466 ZTA)\nRECOMMENDATION:\nWaive the second reading of text in its entirety, read by title only, and adopt Ordinance No.\n2088, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING\nVARIOUS SECTIONS IN TITLES 2, 5, 8, 9 AND 11 OF THE PALM SPRINGS MUNICIPAL\nCODE AND VARIOUS SECTIONS OF THE PALM SPRINGS ZONING CODE\n(CHAPTERS 91-94), AS PART OF AN ANNUAL TECHNICAL UPDATE TO THE CITY’S

L. AUTHORIZE THE PURCHASE OF 48 NEW VEHICLES\nRECOMMENDATIONS:\n1. Approve the issuance of a purchase order to Salinas Lincoln Mercury, Inc, dba My\nJeep Chrysler Dodge Ram, for the purchase of 29 Dodge Durango Pursuit Vehicle\nAWD vehicles in an amount not to exceed $1,844,183.98;\n2. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of 1\nFord Expedition XLT MAX 4x4 vehicle; 14 Ford Expedition XLT 4x4 vehicles; and 4\nFord E-350 15-passenger vehicles in an amount not to exceed $1,423,707.00;\n3. After delivery of the new vehicles, declare existing vehicles being replaced as\nsurplus vehicles and authorize the City Manager or designee to sell them at public\nauction in accordance with Chapter 7.07 of the Palm Springs Municipal Code; and,\n4. Authorize the City Manager or designee to execute all necessary documents.

M. APPROVE BLANKET PURCHASE ORDER FOR SUPPLIES, SERVICE, REPAIR, AND\nEQUIPMENT FROM ZOLL MEDICAL CORPORATION FOR FISCAL YEAR(S) 2024\nAND 2025 TO COINCIDE WITH THE COUNTY OF RIVERSIDE COOPERATIVE\nPURCHASE CONTRACT WITH ZOLL MEDICAL CORPORATION\nRECOMMENDATION:\nApprove a blanket purchase order for annual supplies, service, and equipment from ZOLL\nMedical Corporation utilizing pricing within the County of Riverside cooperative purchase\ncontract with ZOLL Medical Corporation for Fiscal Year(s) 2024 and 2025, in an amount\nnot to exceed $100,000 over the course of the (2) two fiscal years.

N. APPROVE PURCHASE ORDER FOR ANNUAL WARRANTY SERVICE PLAN /\nANNUAL MAINTENANCE ON ZOLL X SERIES AND ZOLL AUTOPULSE FOR FISCAL\nYEAR 2024 AND 2025 TO COINCIDE WITH THE COUNTY OF RIVERSIDE\nCOOPERATIVE PURCHASE CONTRACT WITH ZOLL MEDICAL CORPORATION\nRECOMMENDATION:\nApprove a purchase order for annual warranty service plan / annual maintenance on\nZOLL X Series Advanced Cardiac Life Support (ACLS) Monitor/Defibrillator(s) and\nAutoPulse System utilizing pricing within the County of Riverside cooperative purchase\ncontract with ZOLL Medical Corporation for Fiscal Year(s) 2024 and 2025, in an amount

O. APPROVE THE PURCHASE OF FIFTY (50) AUTOMATED EXTERNAL\nDEFIBRILLATOR UNITS FOR USE AT CITY FACILITIES\nRECOMMENDATIONS:\n1. Approve purchase of fifty (50) AED units from Zoll for an amount not to exceed\n$102,000.\n2. Authorize the City Manager or designee to execute all necessary documents.

P. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B338 WITH MANSFIELD\nPOWER AND GAS, LLC FOR THE PURCHASE OF NATURAL GAS\nRECOMMENDATIONS:\n1. Approve Contract Services Agreement No. 23B338 with Mansfield Power and Gas,\nLLC, to provide natural gas for an amount not to exceed $597,872 for the period of\nJanuary 1, 2024 through December 31, 2024; and,\n2. Authorize the City Manager or designee to execute all necessary documents.

Q. PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR FISCAL\nYEAR 2022-23\nRECOMMENDATION:\nReceive and file the Palm Springs Board of Library Trustees Annual Report for Fiscal Year

R. ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT\n(SLESA) GRANT FROM THE STATE OF CALIFORNIA AND APPROVE AN\nEXPENDITURE PLAN AND APPROPRIATION\nRECOMMENDATIONS:\n1. Accept the State of California Supplemental Law Enforcement Services Account\nGrant (SLESA) and Expenditure Plan.\n2. Direct the Director of Finance/City Treasurer to fund the appropriation.\n3. Authorize the City Manager to execute all necessary documents.

S. ACCEPTANCE OF $4,559,233 FROM THE STATE OF CALIFORNIA, BOARD OF\nSTATE AND COMMUNITY CORRECTIONS, ORGANIZED RETAIL THEFT\nPREVENTION GRANT PROGRAM\nRECOMMENDATIONS:\n1. Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF PALM SPRINGS, CALIFORNIA, ACCEPTING A GRANT FROM THE STATE OF\nCALIFORNIA, BOARD OF STATE AND COMMUNITY CORRECTIONS,\nORGANIZED RETAIL THEFT PREVENTION GRANT PROGRAM.\n2. Appropriate the grant funding into the FY 2023-24, FY 2024-25, FY 2025-26, and FY\n2026–27 budgets.\n3. Authorize the City Manager to execute all necessary documents.

T. APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT\nNO. 6597 WITH DOKKEN ENGINEERING FOR THE EAST PALM CANYON DRIVE\nBRIDGE, CITY PROJECT NO. 12-04, FEDERAL AID PROJECT NO. BRLS 5282(041)\nRECOMMENDATIONS:\n1. Approve Amendment No. 3 in the amount of $35,000 to Professional Services\nAgreement No. 6597, for a new not-to-exceed amount of $1,380,304.28 with\nDokken Engineering for the East Palm Canyon Drive Bridge, City Project No. 12-04,\nFederal Aid Project No. BRLS 5282(041); and\n2. Authorize the City Manager to execute all necessary documents.

U. AWARD OF A CONSTRUCTION CONTRACT TO MAMCO, INC. DBA ALABBASI IN\nTHE AMOUNT OF $11,555,555 AND APPROVAL OF A TASK ORDER UNDER ON-\nCALL AGREEMENT NO. A8567 WITH BERG AND ASSOCIATES IN AN AMOUNT NOT\nTO EXCEED $473,501.88 FOR CONSTRUCTION MANAGEMENT AND INSPECTION\nSERVICES FOR STORM DRAIN LINE 20, STAGE 3, CITY PROJECT 19-15\nRECOMMENDATIONS:\n1. Award a construction contract to Mamco, Inc. in the amount of $11,555,555 for\nStorm Drain Line 20, Stage 3, City Project No. 19-15 (“the Project”).\n2. Authorize the City Manager to approve a task order for project management and\ninspection services from an on-call engineering service firm, Berg and Associates, in\nan amount not to exceed $473,501.88.\n3. Appropriate $1,047,236 from Capital Fund balance and delegate authority to the\nCity Manager or designee to approve and execute construction contract change\norders up to a total amount of $1,155,555 (10%) with all change orders reported to\nCity Council at project completion.\n4. Authorize the City Manager or his designee to execute all necessary documents.

V. APPROVAL OF AN EASEMENT TO THE DESERT WATER AGENCY FOR\nINSTALLATION OF FIRE WATER SERVICES AT THE PROPOSED HOMELESS\nNAVIGATION CENTER PROPERTY AT 3589 MCCARTHY ROAD (CITY PROJECT NO.\n22-05)\nRECOMMENDATIONS:\n1. Approve a Grant of Easement to Desert Water Agency, a California Public Agency,\nfor a five-foot wide easement for fire water meters within City property identified by\nAPN 669-420-019; and\n2. Authorize the City Manager to execute all necessary documents associated with the\ngrant of easement.

W. APPROVE A RESOLUTION OF THE CITY OF PALM SPRINGS ADOPTING AN\nINVENTORY REPORT OF EXCESS, EXEMPT, AND NON-EXEMPT SURPLUS LAND\nPURSUANT TO GOVERNMENT CODE SECTION 50569\nRECOMMENDATION:\nAccept the Inventory Report of City of Palm Springs and Successor Agency to the Palm\nSprings Redevelopment Agency of exempt surplus lands, non-exempt surplus lands, and\nexcess lands, pursuant to Government Code § 54221, and authorize staff to submit a\nreport to the California State Department of Housing and Community Development\npursuant to Government Code § 54230(a)(1).

X. APPEAL OF BEATITUDE, LLC CONDITIONAL CANNABIS EXPIRATION CANNABIS\nPERMIT NO. C-2019-067\nRECOMMENDATION:\nCity Council grant the appeal for the extension of the Permit (as defined below) and adopt\nResolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM\nSPRINGS, CALIFORNIA, ON THE APPEAL OF BEATITUDE, LLC FOR THE\nEXPIRATION OF CONDITIONAL CANNABIS PERMIT NO. C-2019-067” reflecting the\ngranting of the extension without the payment of any penalty.\nIf any City Council member is inclined to deny the appeal, then this item must be placed\non the agenda as an action item and the City Council must hold a public hearing. Click to\nView

Y. ACCEPT THE DONATION OF THE RED DRAGON ART PIECE IN THE OLD LAS\nPALMAS NEIGHBORHOOD\nRECOMMENDATION:\nAccept donation of the public art piece “Red Dragon” by Delos Van Earl on the West

Z. APPROVE PURCHASE OF WIRELESS EQUIPMENT WITH FIVE YEARS OF\nSUPPORT FROM AMS.NET\nRECOMMENDATION:\nAuthorize a purchase of wireless equipment with five years of subscriptions and support

A. AN APPLICATION BY ERIC ELLENBOGEN, JOHN ENGELMAN AND THOMAS\nENGELMAN REPRESENTED BY THE PALM SPRINGS PRESERVATION\nFOUNDATION FOR HISTORIC DESIGNATION OF “THE BLANKENHORN/GILMORE\nRESIDENCE” LOCATED AT 1850 SMOKE TREE LANE, CASE HSPB #148 (APN #510-\n104-002, 510-104-006)\nRECOMMENDATION:\n1. Open the Public Hearing and receive public testimony.\n2. Close the public hearing and adopt Resolution entitled, “A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING\n“THE BLANKENHORN/GILMORE RESIDENCE” LOCATED AT 1850 SMOKE TREE\nLANE, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #148,\nSUBJECT TO CONDITIONS (APN #510-104-002, 510-104-006).”

B. AN APPLICATION BY DAVID AND KATHERINE WRIGHT REPRESENTED BY THE\nPALM SPRINGS PRESERVATION FOUNDATION FOR HISTORIC DESIGNATION OF\n“THE KOERNER RESIDENCE” LOCATED AT 1275 SOUTH CALLE DE MARIA, CASE\nHSPB #150. (APN #508-403-003)\nRECOMMENDATIONS:\n1. Open the public hearing and receive public testimony.\n2. Close the public hearing and adopt Resolution entitled, “A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING\n“THE KOERNER RESIDENCE” LOCATED AT 1275 SOUTH CALLE DE MARIA, AS\nA CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #150, SUBJECT TO\nCONDITIONS (APN #508-403-003).”

C. AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,\nCALIFORNIA, TO ADOPT AN EXTENSION OF A TEMPORARY MORATORIUM FOR\nAN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS ON NEW\nAPPLICATIONS AND TRANSFERS OF PERMITS TO ENGAGE IN CANNABIS RETAIL\nACTIVITIES, FOR CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE\nMUNICIPAL CODE, IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858\nRECOMMENDATIONS:\n1. Open the public hearing, take evidence and public testimony, and close the public\nhearing.\n2. Waive the reading of the text in its entirety, read by title only, and adopt Urgency\nOrdinance entitled, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF\nPALM SPRINGS, CALIFORNIA, TO ADOPT AN EXTENSION OF A TEMPORARY\nMORATORIUM FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15)\nDAYS ON NEW APPLICATIONS AND TRANSFERS OF PERMITS TO ENGAGE IN\nCANNABIS RETAIL ACTIVITIES, FOR CONSIDERATION OF APPROPRIATE\nAMENDMENTS TO THE MUNICIPAL CODE, IN ACCORDANCE WITH\nGOVERNMENT CODE SECTIONS 65858.” (4/5 vote is required to take effect\nimmediately)

A. INTRODUCTION OF ORDINANCE ENTITLED “AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER\n11.102 TO TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE, ESTABLISHING\nREGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC\nCONVERTERS IN THE CITY.”\nRECOMMENDATION:\nIntroduce the following ordinance for first reading, entitled, “AN ORDINANCE OF THE\nCITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER\n11.102 TO TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE, ESTABLISHING\nREGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC

B. REQUEST TO ADD CHAPTER 2.65 TO THE PALM SPRINGS MUNICIPAL CODE\nRELATING TO THE FORMATION AND ADMINISTRATION OF COMMERCIAL\nDISTRICTS\nRECOMMENDATIONS:\n1. Waive the reading of the ordinance text in its entirety and read by title only;\n2. Introduce on first reading Ordinance entitled, “AN ORDINANCE OF THE CITY OF\nPALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.65 TO THE PALM SPRINGS\nMUNICIPAL CODE ESTABLISHING PROCESSES AND PROCEDURES FOR THE\nFORMATION OF COMMERCIAL DISTRICTS.”