Palm Springs — 2023-12-14

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND\nCOMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361\nRECOMMENDATION: By 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 emergency have\nended, community spread of COVID-19 continues to exist, and measures to reduce\nthe spread, including physical distancing measures, continue to be necessary\nfor the public, 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.

AA. APPROVE LICENSE AGREEMENT NO. A9460 WITH MOBILEMONEY, INC. TO\nPROVIDE THREE AUTOMATED TELLER MACHINES AT THE PALM SPRINGS\nINTERNATIONAL AIRPORT\nRECOMMENDATION:\n1. Approve License Agreement No. A9460 with MobileMoney, Inc. to provide three\nATM services for the Palm Springs International Airport for the initial one-year term\nbeginning January 1, 2024, through December 31, 2024.\n2. Authorize the City Manager or designee to execute all necessary documents.

B. APPROVAL OF MINUTES\nRECOMMENDATION:

BB. A REQUEST BY PS SOCIAL GROUP INC (DBA-HYPHEN WINE SHOP) FOR A\nRESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A TYPE 42\nLIQUOR LICENSE FOR ON-SITE CONSUMPTION AND TASTINGS LOCATED AT 1007\nNORTH PALM CANYON DRIVE, ZONE C-1 (CASE 5.1535 PCN)\nRECOMMENDATION:\nAdopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nPALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE OR\nNECESSITY WOULD BE SERVED BY THE ISSUANCE OF ALCOHOLIC BEVERAGE\nCONTROL LICENSE TYPE 42 FOR HYPHEN, A CRAFT BEER AND ORGANIC WINE\nSHOP LOCATED AT 1007 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT

C. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS, AND RESIGNATIONS\nFROM THE AIRPORT COMMISSION AND PLANNING COMMISSION\nRECOMMENDATION:\n1. Appoint Margaret Keung to the Parks & Recreation Commission, effective\nimmediately, to a term expiring on June 30, 2026.\n2. Appoint Ken Alexander to the Sustainability Commission effective immediately, to a\nterm expiring on June 30, 2026.\n3. Accept the resignation of Gerald Adams from the Airport Commission effective\nimmediately.\n4. Accept the resignation of JR Roberts from the Planning Commission effective\nimmediately.

CC. APPROVE NON-EXCLUSIVE OPERATING AGREEMENT NO. A9461 WITH TURO INC.\nTO PROVIDE PEER-TO-PEER VEHICLE SHARING AT THE PALM SPRINGS\nINTERNATIONAL AIRPORT\nRECOMMENDATION:\n1. Approve Non-Exclusive Operating Agreement No. A9461 with Turo Inc. to provide\nPeer-to-Peer Vehicle Sharing services for the Palm Springs International Airport for\nthe initial one-year term beginning December 15, 2023 through December 14, 2024.\n2. Authorize the City Manager or designee to execute all necessary documents.

D. A RESOLUTION APPROVING AND ADOPTING AN AMENDED CONFLICT OF\nINTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nPALM SPRINGS, CALIFORNIA ADOPTING AN AMENDED CONFLICT OF INTEREST

DD. CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR FISCAL\nYEAR 2022-23\nRECOMMENDATION:\nReceive and File the City’s Development Project Fee Report for Fiscal Year 2022-23.

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\nWARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 09-30-23, 10-14-23 AND\n10-28-23 TOTALING $7,132,292.80 AND ACCOUNTS PAYABLE WARRANTS DATED\n09-28-23, 10-12-23 AND 10-26-23 TOTALING $18,612,138.97, IN THE AGGREGATE

EE. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P368 WITH ADVANCED\nMANAGEMENT TECHNOLOGY, INC. DBA TETRA TECH AMT, A TETRA TECH\nCOMPANY, FOR AIRPORT SAFETY MANAGEMENT SYSTEM SERVICES FOR THE\nPALM SPRINGS INTERNATIONAL AIRPORT\nRECOMMENDATION:\n1. Approve Contract Services Agreement No. 23P368 with Advanced Management\nTechnology, Inc. dba Tetra Tech AMT to provide the development and\nimplementation of an Airport Safety Management System for the Palm Springs\nInternational Airport for an eighteen-month term in an amount not to exceed\n$198,762.62 beginning January 1, 2024, through June 30, 2025.\n2. Authorize the City Manager or designee to execute all necessary documents.

F. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD\nOF OCTOBER 1 THROUGH OCTOBER 31, 2023\nRECOMMENDATION:\nReceive and file the report of Staff Authorized Agreements and Purchase Orders for the

FF. APPROVAL OF SPECIFICATIONS AND ESTIMATE, AND AUTHORIZATION TO BID\nTHE 2024 PAVEMENT REHABILITATION, CITY PROJECT NO. 24-01 (MEASURE J\nFUNDS)\nRECOMMENDATIONS:\nApprove the plans, specifications and estimate and authorize Staff to advertise and solicit

G. APPROVAL OF PARCEL MAP 38536\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nPALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 38536 FOR PROPERTY\nLOCATED AT 2805 ANZA TRAIL, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4

GG. DESERT COMMUNITY ENERGY GUARANTY\nRECOMMENDATION:\n1. Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN UNCONDITIONAL\nGUARANTY OF THE ELECTRICITY PROCUREMENT OBLIGATIONS OF\nDESERT COMMUNITY ENERGY, NOT TO EXCEED $25 MILLION, UNDER A\nRESOURCE MANAGEMENT AGREEMENT WITH THE ENERGY AUTHORITY,\nINC.”\n2. Authorize the City Manager, in consultation with the City Attorney, to negotiate and\ntake such actions necessary and appropriate to finalize and execute the Guaranty\nand associated documents.

H. APPROVAL OF TRACT MAP 37706 AND A SUBDIVISION IMPROVEMENT\nAGREEMENT WITH TOLL WEST COAST LLC, A DELAWARE LIMITED LIABILITY\nCOMPANY\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nPALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 37706 AND AN\nASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH TOLL WEST COAST\nLLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT\n1000 NORTH GENE AUTRY TRAIL, IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5

HH. APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT\nSCHEDULE (ROPS 24-25A AND 24-25B) FOR THE PERIOD OF JULY 1, 2024,\nTHROUGH JUNE 30, 2025, PURSUANT TO SECTION 34169(G)(1) OF CALIFORNIA\nHEALTH & SAFETY CODE\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nPALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS SUCCESSOR\nAGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY\nAPPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 24-25\nA&B) AND AN ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1,\n2024, THROUGH JUNE 30, 2025, PURSUANT TO THE CALIFORNIA HEALTH &\nSAFETY CODE.”

I. APPROVAL OF AMENDMENT NO. 2 TO THE POST-CONSTRUCTION SERVICES\nAGREEMENT WITH ENGIE SERVICES U.S., INC., A DELAWARE CORPORATION,\nRELATED TO THE OPERATION AND MAINTENANCE OF THE MUNICIPAL CO-\nGENERATION PLANT\nRECOMMENDATION:\n1. Approve Amendment No. 2 to Post-Construction Services Agreement (A8470) with\nENGIE Services U.S., Inc., a Delaware corporation, for a one-time cost of two\nhundred eighty-seven thousand, three hundred forty-five dollars ($287,345.00).\n2. Authorize the City Manager to execute all necessary documentation.

II. APPROVE A CONTRACT SERVICES AGREEMENT WITH MARTHA’S VILLAGE AND\nKITCHEN FOR TEMPORARY OVERNIGHT SHELTER FROM DECEMBER 15, 2023 TO\nMARCH 15, 2024, AT 225 EL CIELO ROAD\nRECOMMENDATION:\n1. Approve the Contract Services Agreement with Martha’s Village and Kitchen to\nprovide temporary overnight shelter at 225 El Cielo Road from December 15, 2023,\nto March 15, 2024.\n2. Appropriate Funds from the Homeless Set-aside Account in the amount of\n$133,900 in Fiscal Year 2024.\n3. Authorize the City Manager or Designee to execute all necessary documents,\nincluding making minor, non-substantive changes, needed to facilitate the\nimplementation of the Contract Services Agreement.

J. ACCEPTANCE OF INSTALLATION OF THE SKYLIGHT RAILINGS, CITY PROJECT\n18-20\nRECOMMENDATION:\n1. Accept the public works improvement identified as installation the Skylight Railings,\nCity Project No. 18-20, 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 installation of Skylight Railings, City\nProject No. 18-20.

JJ. ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR A PROPOSED 61-\nUNIT RESIDENTIAL TOWNHOME DEVELOPMENT ON A 4.24-ACRE TRIBAL TRUST\nPARCEL LOCATED AT THE SOUTHWEST CORNER OF EAST AMADO ROAD AND\nNORTH HERMOSA DRIVE (APN: 508-070-020), ZONE RA (RESORT ATTRACTION),\nSECTION 14 SPECIFIC PLAN (CASE CR-2023-0002)\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nPALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR A 61-\nUNIT RESIDENTIAL TOWNHOME DEVELOPMENT ON TRIBAL TRUST LAND AT THE\nSOUTHWEST CORNER OF EAST AMADO ROAD AND NORTH HERMOSA DRIVE\n(APN: 508-070-020); DIRECTING STAFF TO TRANSMIT THE REPORT TO THE TRIBAL\nCOUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS; AND WAIVING\nTHE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL (CASE

K. ACCEPTANCE OF INSTALLATION OF THE DESERT HIGHLAND TRAFFIC SIGNAL,\nINDIAN CANYON DRIVE AND ROSA PARKS ROAD, CITY PROJECT NO. 20-19\nRECOMMENDATION:\n1. Accept the public works improvement identified as installation of the Desert\nHighland Traffic Signal, Indian Canyon Drive and Rosa Parks Road, City Project No.\n20-19, as completed in accordance with the plans and specifications.\n2. Authorize the City Engineer to execute and file for recordation with the Riverside\nCounty Recorder a Notice of Completion for installation of the Desert Highland\nTraffic Signal, Indian Canyon Drive and Rosa Parks Road, City Project No. 20-19.

L. ACCEPTANCE OF THE TRAFFIC SIGNAL INSTALLATION, SAN RAFAEL DRIVE AND\nAVENIDA CABALLEROS, CITY PROJECT NO. 20-33\nRECOMMENDATION:\n1. Accept the public works improvement identified as Installation of the Traffic Signal\nInstallation, San Rafael Drive and Avenida Caballeros, City Project No. 20-33, as\ncompleted in accordance with the plans and specifications.\n2. Authorize the City Engineer to execute and file for recordation with the Riverside\nCounty Recorder a Notice of Completion for installation of the Traffic Signal\nInstallation, San Rafael Drive and Avenida Caballeros, City Project No. 20-33.

M. ACCEPTANCE OF THE BOYS AND GIRLS CLUB DRAINAGE REPAIR, CITY\nPROJECT 22-20B\nRECOMMENDATION:\n1. Accept the Boys and Girls Club Drainage Repair, City Project No. 22-20B, as\ncompleted in accordance with the plans and specifications.\n2. Authorize the City Engineer to execute and file for recordation with the Riverside\nCounty Recorder a Notice of Completion for installation of Boys and Girls Club\nDrainage Repair, City Project No. 22-20B.

N. ACCEPTANCE OF DEMUTH DOG PARK INTERIM MEASURES SHADE STRUCTURE,\nCITY PROJECT NO. 22-20C\nRECOMMENDATION:\n1. Accept the public works improvement identified as Demuth Park Interim Measures\nShade Structure, City Project No. 22-20C (“Project”), as completed in accordance\nwith the plans and specifications.\n2. Authorize the City Engineer to execute and file for recordation with the Riverside\nCounty Recorder a Notice of Completion for Demuth Park Interim Measures Shade\nStructure, City Project No. 22-20C.

O. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND\nAUTHORIZATION TO BID THE HIGHWAY SAFETY IMPROVEMENT PROGRAM\n(HSIP) CYCLE 9 TRAFFIC SIGNAL MODIFICATIONS, FEDERAL AID PROJECT NO.\nHSIPLN-5282(049), CITY PROJECT NO. 18-05\nRECOMMENDATION:\nApprove the plans, specifications and estimate and authorize Staff to advertise and solicit\nbids for the Highway Safety Improvement Program (HSIP) Cycle 9 Traffic Signal\nModifications Federal-Aid Project No. HSIPLN-5282(049), City Project No. 18-05. Click to\nView

P. APPEAL OF SKYCAN, LLC CONDITIONAL CANNABIS EXPIRATION CANNABIS\nPERMIT NO. C-2019-098\nRECOMMENDATION:\nThe City Council grant the appeal for the extension of the Permit (as defined below) and\nadopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nPALM SPRINGS, CALIFORNIA, ON THE APPEAL OF SKYCAN, LLC FOR THE\nEXPIRATION OF CONDITIONAL CANNABIS PERMIT NO. C-2019-098 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

Q. SECOND READING AND ADOPTION OF ORDINANCE NO. 2090 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:\nWaive the second reading of text in its entirety, read by title only, and adopt Ordinance\nNo. 2090, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM\nSPRINGS, CALIFORNIA, ADDING CHAPTER 11.102 TO TITLE 11 OF THE PALM\nSPRINGS MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE

R. SECOND READING AND ADOPTION OF ORDINANCE NO. 2091 OF THE CITY OF\nPALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.65 TO THE PALM SPRINGS\nMUNICIPAL CODE RELATING TO THE FORMATION AND ADMINISTRATION OF\nCOMMERCIAL DISTRICTS\nRECOMMENDATION:\nWaive the second reading of text in its entirety, read by title only, and adopt Ordinance\nNo. 2091, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING\nCHAPTER 2.65 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING\nPROCESSES AND PROCEDURES FOR THE FORMATION OF COMMERCIAL

S. APPROVAL OF AMENDMENT NUMBER ONE TO REIMBURSEMENT AGREEMENT\nA9439 BY AND BETWEEN THE COACHELLA VALLEY ASSOCIATION OF\nGOVERNMENTS AND THE CITY OF PALM SPRINGS FOR DESIGN AND\nENGINEERING SERVICES RELATED TO THE INDIAN CANYON DRIVE FLOOD AND\nBLOWSAND IMPROVEMENTS\nRECOMMENDATION:\n1. Approve Amendment Number One to Reimbursement Agreement No. A9439, an\nagreement by and between the City of Palm Springs and the Coachella Valley\nAssociation of Governments, for the design and engineering services of the Indian\nCanyon Drive flood and blowsand improvements.\n2. Authorize the City Manager to execute all necessary documents.

T. APPROVE A PARTICIPATION AGREEMENT FOR RECORDS MANAGEMENT WITH\nIRON MOUNTAIN INFORMATION MANAGEMENT, LLC\nRECOMMENDATION:\nAuthorize a participation agreement for records management services from Iron Mountain\nInformation Management, LLC, pursuant to the Omnia Cooperative Contract 1325 for an\namount of $29,445.96 for the initial one-year term with an option to extend for two

U. APPROVE AMENDMENT NO. 3 TO THE AMENDED AND RESTATED LEASE WITH\nARENAS ASSOCIATES DBA PALM SPRINGS FUDGE & CHOCOLATES LOCATED AT\n211 SOUTH PALM CANYON\nRECOMMENDATION:\n1. Approve Amendment No. 3 to the Amended and Restated Lease with Arenas\nAssociates dba Palm Springs Fudge & Chocolates to increase the amount of rent to\n$2,299.18 monthly.\n2. Authorize the City Manager or his designee to make minor non-substantive changes\nand execute all necessary documents.

V. APPROVAL OF AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND\nCOMPENSATION PLAN FOR FISCAL YEAR 2023-24\nRECOMMENDATION:\n1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENTNO. 1 TO\nTHE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR\n2022-2023, ADOPTED BY RESOLUTION NO. 25033.”\n2. Authorize the City Manager to execute all documents necessary to effectuate this\naction.

W. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B363 WITH DEANGELO\nCONTRACTING SERVICES, LLC FOR ON-CALL WEED ABATEMENT SERVICES\nFOR PALM SPRINGS INTERNATIONAL AIRPORT\nRECOMMENDATION:\n1. Approve Contract Services Agreement 23B363 with DeAngelo Contracting Services,\nLLC to provide on-call weed abatement services for the Palm Springs International\nAirport in an amount not to exceed $450,000 for the initial three-year term beginning\nJanuary 1, 2024, through December 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.

X. ADOPT A RESOLUTION AUTHORIZING THE FILINGS OF AN APPLICATION FOR\nTHE CALIFORNIA CLIMATE INVESTMENTS WILDFIRE PREVENTION GRANTS\nPROGRAM\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nPALM SPRINGS, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION\nFOR THE CALIFORNIA CLIMATE INVESTMENTS WILDFIRE PREVENTION

Y. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B364 WITH GENESIS\nFLOOR COVERING, INC. FOR ON-CALL FLOORING REPAIR AND REPLACEMENT\nSERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT\nRECOMMENDATION:\n1. Approve Contract Services Agreement 23B364 with Genesis Floor Covering, Inc. to\nprovide on-call flooring repair and replacement services for the Palm Springs\nInternational Airport in an amount not to exceed $600,000 for the initial three-year\nterm beginning January 1, 2024, through December 31, 2026, with two one-year\nextension options at the City’s sole discretion.\n2. Authorize the City Manager or his designee to execute all necessary documents.

Z. APPROVE COOPERATIVE PURCHASE AGREEMENT WITH SHADE STRUCTURES,\nINC., DBA USA SHADE & FABRIC STRUCTURES, FOR THE PURCHASE AND\nINSTALLATION OF SHADE STRUCTURES FOR THE PALM SPRINGS\nINTERNATIONAL AIRPORT\nRECOMMENDATION:\n1. Approve Cooperative Purchase Agreement No. 23C366 with Shade Structures Inc.\ndba USA Shade & Fabric Structures to provide shade structures and installation for\nthe Palm Springs International Airport for a one-year term in an amount not to\nexceed $ 247,633.89.\n2. Authorize the City Manager or designee to execute all necessary documents.

A. VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY, SHOWN AS LOT D & LOT C,\nCROSSLEY TRACT, MB 32/44, AND RESERVATION OF PUBLIC UTILITY EASEMENT,\nIN SECTION 29, TOWNSHIP 4, RANGE 4 EAST (ENG. FILE R 22-04-2230)\nRECOMMENDATION:\n1. Open the public hearing and take testimony.\n2. Adopt A Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF PALM SPRINGS, CALIFORNIA, APPROVING A VACATION AND\nABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PUBLIC RIGHT-OF-\nWAY IN A PORTION OF MARGUERITE STREET AND MARTHA STREET, SHOWN\nAS LOT C & LOT D, RESPECTIVELY, ON CROSSLEY TRACT, MB 32/44, AND\nRESERVATION OF A PUBLIC UTILITY EASEMENT, IN SECTION 29, TOWNSHIP\n4, RANGE 4 EAST (ENG. FILE R 22-04-2230), AND APPROVING A\nDETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)."

B. COUNCIL CALL-UP OF AN APPLICATION BY KAIDENCE GROUP, LLC COMPRISED\nOF A DEVELOPMENT PERMIT, A VARIANCE AND CONDITIONAL USE PERMIT FOR\nA PROPOSED DRIVE-THROUGH COFFEE SHOP ON A 0.46-ACRE PARCEL\nLOCATED AT 2466 NORTH PALM CANYON DRIVE, (APN 504-250-031) ZONE: PD\n113, GENERAL PLAN: MIXED-USE (CASES DP-2023-0018, CUP-2023-0020, VAR-\n2023-0007)\nRECOMMENDATION:\n1. Open the public hearing and receive testimony.\n2. Close the public hearing and provide direction to staff as appropriate based on the\nCity Council’s own findings on the applications related to this case for staff to bring\nthe resolution back at the first meeting in January, 2024

A. APPROVE FUNDING IN AN AMOUNT UP TO $20 MILLION TO ASSIST THE PLAZA\nTHEATRE FOUNDATION WITH THE RESTORATION OF THE PLAZA THEATRE;\nAPPROVE FUNDING AND REPAYMENT AGREEMENT BETWEEN THE CITY OF\nPALM SPRINGS AND THE PALM SPRINGS PLAZA THEATRE FOUNDATION\nRECOMMENDATION:\nApprove the Funding and Repayment Agreement with the Palm Springs Plaza Theatre\nFoundation and the City of Palm Springs for an amount up to $20 million, with direction\non:\ni) An overall funding amount,\nii) Funding sources to use and what amounts, and

B. AWARD OF A CONSTRUCTION CONTRACT TO WOODCLIFF CORPORATION IN\nTHE AMOUNT OF $26,322,000; PROVIDE AUTHORITY TO CITY MANAGER FOR\nCONSTRUCTION CHANGE ORDERS UP TO $3,270,066; APPROVAL OF A TASK\nORDER UNDER ON-CALL AGREEMENT NO. A8566 WITH DUDEK, INC., IN AN\nAMOUNT NOT TO EXCEED $487,500 FOR CONSTRUCTION MANAGEMENT AND\nINSPECTION SERVICES, AND APPROVAL OF A TASK ORDER UNDER ON-CALL\nAGREEMENT NO. 23PO41 WITH TSG ENTERPRISES, INC., DBA THE SOLIS\nGROUP, IN AN AMOUNT NOT TO EXCEED $70,434 TO PROVIDE COMMUNITY\nWORKFORCE AGREEMENT ADMINISTRATION FOR PLAZA THEATRE\nREHABILITATION, CITY PROJECT 18-04\nRECOMMENDATION:\n1. Award a construction contract to Woodcliff Corporation in the amount of\n$26,322,000 for the Plaza Theatre Rehabilitation, City Project No. 18-04;\n2. Delegate authority to the City Manager or designee to approve and execute\nconstruction contract change orders up to a total amount of $3,270,066 with all\nchange orders reported to the City Council;\n3. Authorize the City Manager to approve a task order for project management and\ninspection services from an on-call engineering service firm, Dudek, Inc., in an\namount not to exceed $487,500;\n4. Authorize the City Manager to approve a task order for Community Workforce\nAgreement (CWA) administration services from an on-call CWA firm, TSG\nEnterprises, Inc., dba The Solis Group, in an amount not to exceed $70,434; and\n5. Authorize the City Manager or his designee to execute all necessary documents.

C. REVIEW AND APPROVE THE ROSTER OF CITY COUNCIL SUBCOMMITTEES,\nAPPOINTEES, LIAISONS, AND REPRESENTATIVES TO EXTERNAL\nORGANIZATIONS\nRECOMMENDATION:\n1. Review and approve the roster of City Council subcommittees, appointees, liaisons,\nand representatives to external organizations.\n2. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official\nAppointments.

D. TELECONFERENCING OF CITY COUNCIL AND CITY BOARD/ COMMISSION\nMEETINGS\nRECOMMENDATION:\nProvide direction with regard to whether, and to what extent, the City Council wishes to\nhave meetings of the City conducted by teleconferencing, including remote participation\nby members of the public, City staff and third parties with items on the agenda. Click to\nView\n4. SPECIAL ITEM:

A. APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM\nRECOMMENDATION:\nAppoint Jeffrey Bernstein to the position of Mayor and Ron deHarte to the position of

B. OUTGOING AND INCOMING MAYOR COMMENTS:\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 cannot\ntake any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each\nspeaker.\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.