Palm Springs — 2024-07-09

B. RESIGNATION ACCEPTANCE AND APPOINTMENTS TO\nVARIOUS BOARDS AND COMMISSIONS\nRECOMMENDATION:\n1. Accept the resignation of Charles F. Mara from the\nAdministrative Appeals Board effective immediately.\n2. Appoint Christian Samlaska to the Airport Commission\neffective immediately for a term ending June 30, 2027, from\nthe City of Cathedral City.\n3. Appoint Geoffrey Kiehl to the Airport Commission effective\nimmediately for a term ending June 30, 2027, from the City\nof La Quinta.\n4. Appoint Jim A. Lande and Tina Gonsalves to the Public Arts\nCommission for a term ending June 30, 2027; members’\nterms shall take effect 30 days after the final adoption of\nOrdinance No. 2098.

C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND\nDEMANDS\nRECOMMENDATION:\nAdopt a Resolution entitled, "A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,\nAPPROVING PAYMENT OF PAYROLL\nWARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING\n06-08-24 TOTALING $2,350,523.30 AND ACCOUNTS\nPAYABLE WARRANTS DATED 06-06-24 TOTALING\n$4,429,202.69, IN THE AGGREGATE AMOUNT OF\n$6,779,725.99, DRAWN ON BANK OF AMERICA."

D. AWARD OF A CONSTRUCTION CONTRACT TO MATICH\nCORPORATION, A CALIFORNIA CORPORATION, IN THE\nAMOUNT OF $7,281,225, AND APPROVE THE\nACCEPTANCE OF THE FEDERAL AVIATION\nADMINISTRATION GRANT AWARD FOR THE FUNDING OF\nTHE PROJECT FOR THE AIRPORT TAXIWAY\nREHABILITATION, CITY PROJECT 21-27\nRECOMMENDATION:\n1. Award a construction contract to Matich Corporation in the\namount of $7,281,225 for the Airport Taxiway\nRehabilitation, City Project 21-27;\n2. Delegate authority to the City Manager or designee to\napprove and execute construction contract change orders\nup to a total amount of $728,122 with all change orders\nreported to the City Council;\n3. Authorize the City Manager to approve acceptance of a\nFederal Aviation Administration grant in an amount not-to-\nexceed $8,650,000 for the Palm Springs International\nAirport;\n4. Appropriate $8,300,000 in the Airport Capital Project\nFederal Grants 416.38015 ($2,719,800) and in the Grants\nExpense 4167070-50126 and in the Capital Improvement\nProject 4167065.80000 ($280,200); and\n5. Authorize the City Manager to execute all necessary\ndocuments.

E. ADOPT A RESOLUTION APPROVING PALM TREE\nTRIMMING POLICY, AND SUPERSEDING ALL PREVIOUS\nPALM TREE TRIMMING PROCEDURES AND POLICIES\nRECOMMENDATION:\nAdopt a Resolution entitled, "A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,\nADOPTING A PALM TREE TRIMMING POLICY, AND\nSUPERSEDING ALL PREVIOUS PALM TREE TRIMMING\nPROCEDURES AND POLICIES AND FINDING THE POLICY\nEXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT PURSUANT TO STATE CEQA GUIDELINES\nSECTION 15304 (MINOR ALTERATIONS TO LAND).”

F. APPROVAL OF A GRANT OF EASEMENT TO SOUTHERN\nCALIFORNIA EDISON ACROSS CITY-OWNED REAL\nPROPERTY LOCATED AT 2992 NORTH CIVIC DRIVE (APN:\n502-100-013 & 034, AIRPORT PROPERTY)\nRECOMMENDATION:\nAuthorize the City Manager to execute a Grant of Easement to\nSouthern California Edison to underground electrical supply\nsystems across a portion of the property identified by\nAssessor’s Parcel Number 502-100-013 & 034 to a leased\nHertz Corporation lot located within the Palm Springs\nInternational Airport.

G. SECOND READING AND ADOPTION OF ORDINANCE NO.\n2097 OF THE CITY OF PALM SPRINGS, CALIFORNIA,\nAMENDING SECTION 94.08.09 OF THE PALM SPRINGS\nZONING CODE AND APPROVING A DEVELOPMENT\nAGREEMENT AMENDMENT WITH PS COUNTRY CLUB,\nLLC, RELATED TO THE SERENA PARK PROJECT\nPERFORMANCE SCHEDULE FOR CONSTRUCTION, THE\nDEVELOPMENT AGREEMENT FEE PAYMENT DATE, AND\nOTHER MINOR REVISIONS RELATED TO THE\nCONVERSION OF THE PALM SPRINGS COUNTRY CLUB\nGOLF COURSE INTO 386 RESIDENTIAL UNITS LOCATED\nNORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND\nSOUTHWEST OF THE WHITEWATER RIVER WASH (CASE\nDA-2024-0002)\nRECOMMENDATION:\n1. Waive the second reading of the ordinance text in its\nentirety, ready by title only, and adopt Ordinance No. 2097\nentitled, “AN ORDINANCE OF THE CITY COUNCIL OF\nCITY OF PALM SPRINGS, CALIFORNIA, AMENDING\nSECTION 94.08.09 OF THE PALM SPRINGS ZONING\nCODE AND APPROVING A DEVELOPMENT\nAGREEMENT AMENDMENT WITH PS COUNTRY CLUB,\nLLC, RELATED TO THE SERENA PARK PROJECT\nPERFORMANCE SCHEDULE FOR CONSTRUCTION,\nTHE DEVELOPMENT AGREEMENT FEE PAYMENT\nDATE, AND OTHER MINOR REVISIONS RELATED TO\nTHE CONVERSION OF THE PALM SPRINGS COUNTRY\nCLUB GOLF COURSE INTO 386 RESIDENTIAL UNITS\nLOCATED NORTH OF VERONA ROAD, EAST OF\nSUNRISE WAY AND SOUTHWEST OF THE\nWHITEWATER RIVER WASH (CASE DA-2024-0002)."\n2. Authorize the City Manager to execute the First\nAmendment to the First Amended and Restated\nDevelopment Agreement.

H. SECOND READING AND ADOPTION OF ORDINANCE NO.\n2098, ENTITLED “AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF PALM SPRINGS, CALIFORNIA,\nAMENDING SECTIONS 2.24.010 AND 2.24.020 OF THE\nPALM SPRINGS MUNICIPAL CODE TO EXPAND THE\nPUBLIC ARTS COMMISSION FROM SEVEN TO NINE\nMEMBERS.”\nRECOMMENDATION:\nWaive the second reading of the ordinance text in its entirety,\nready by title only, and adopt Ordinance No. 2098 entitled, “AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM\nSPRINGS, CALIFORNIA, AMENDING SECTIONS 2.24.010\nAND 2.24.020 OF THE PALM SPRINGS MUNICIPAL CODE TO\nEXPAND THE PUBLIC ARTS COMMISSION FROM SEVEN\nTO NINE MEMBERS.”

I. AN APPLICATION BY JANE LUNDIN REPRESENTED BY\nTHE PALM SPRINGS PRESERVATION FOUNDATION FOR\nHISTORIC DESIGNATION OF “THE M.H. ATIKIAN\nBUILDING” LOCATED AT 120 WEST ARENAS ROAD, CASE\nHSPB #147 (APN #513-143-006)\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,\nDESIGNATING “THE M.H. ATIKIAN BUILDING” LOCATED AT\n120 WEST AREANAS ROAD, AS A CLASS 2 (HISTORIC\nMERIT) HISTORIC RESOURCE HSPB #147, SUBJECT TO\nCONDITIONS (APN #513-143-006).

J. APPROVE CONTRACT SERVICE AGREEMENTS NO.\n24B143 WITH SAM’S CONSTRUCTION AND 24B144 WITH\nTED CONSTRUCTION LLC FOR ON-CALL BUILDING\nREPAIR AND RENOVATION SERVICES\nRECOMMENDATION:\n1. Approve primary Contract Services Agreement 24B143\nwith Sam’s Construction to provide on-call building repair\nand renovation services in an amount not to exceed\n$950,000 for the initial three-year term beginning July 15,\n2024, through July 14, 2027, with two one-year extension\noptions at the City’s sole discretion;\n2. Approve secondary Contract Services Agreement 24B144\nwith Ted Construction LLC to provide on-call building repair\nand renovation services in an amount not to exceed\n$750,000 for the initial three-year term beginning July 15,\n2024, through July 14, 2027, with two one-year extension\noptions at the City’s sole discretion;

K. EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS\nTOWARDS RETIREE UNFUNDED ACCRUED LIABILITY\n(UAL)\nRECOMMENDATION:\nReceive and file.

L. APPROVAL OF AMENDMENT NO. 7 TO THE AIRPORT CAR\nRENTAL CONCESSIONAIRE AGREEMENTS AND\nAPPROVAL OF AMENDMENT NO. 8 FOR AVIS-BUDGET AT\nPALM SPRINGS INTERNATIONAL AIRPORT\nRECOMMENDATION:\n1. Approve Amendment No. 7 and Avis-Budget Amendment\nNo. 8 to all Airport rental car concession agreements doing\nbusiness as either car rental agencies at the Airport which\nincludes:\nAvis/Budget Car Rental, LLC (Amendment No. 8)\nThe Hertz Corporation (Amendment No.7)\nEnterprise Rent-A-Car, LLC dba Alamo Rent a Car /\nNational Car Rental (Amendment No. 7)\nEnterprise Rent-A-Car Company of Los Angeles\n(Amendment No. 7)\nDTG Operations, Inc. dba Dollar Rent a Car /Thrifty\nCar Rental (Amendment No. 7)\n2. Authorize the City Manager or designee to execute all\nnecessary documents.

M. APPROVE CONTRACT SERVICES AGREEMENT NO.\n24B129 WITH KINCAID INDUSTRIES, INC. FOR ON-CALL\nPLUMBING MAINTENANCE AND INSTALLATION SERVICES\nRECOMMENDATION:\n1. Approve Contract Services Agreement 24B129 with Kincaid\nIndustries, Inc. to provide on-call plumbing maintenance\nand installation services in an amount not to exceed\n$900,000 for the initial three-year term beginning July 15,\n2024, through July 14, 2027, with two one-year extension\noptions at the City’s sole discretion;\n2. Authorize the City Manager or designee to execute all\nnecessary documents.

N. APPROVE FUNDING IN THE AMOUNT OF $50,000 OF\nPUBLIC ART FUNDS TO THE OLD LAS PALMAS\nNEIGHBORHOOD ORGANIZATION FOR COMMISSION OF\nTHE “PRINCE” SCULPTURE AND “BLUE BELLY CRAB”\nSCULPTURE BY ARTIST DELOS VAN EARL, BOTH TO BE\nLOCATED IN THE WEST CHINO DRIVE MEDIAN IN THE\nOLD LAS PALMAS NEIGHBORHOOD, AND APPROVE THE\nDONATION OF THE SCULPTURES TO THE CITY\nRECOMMENDATION:\n1. Approve expenditure of Public Art Funds in the amount of\n$50,000 for commission and installation of Prince and Blue\nBelly Crab by Delos Van Earl.\n2. Accept donation of the public art pieces “Prince” and “Crab”\nfrom the Old Las Palmas Neighborhood Organization by\nArtist Delos Van Earl on the West Chino Drive median, west\nof North Palm Canyon Drive and east of Belardo Road.

O. APPROVE CONTRACT CHANGE ORDER NO. 1 WITH\nMATICH CORPORATION, A CALIFORNIA CORPORATION, IN\nTHE AMOUNT OF $347,380 FOR THE 2024 PAVEMENT\nREHABILITATION, CITY PROJECT NO. 24-01\nRECOMMENDATION:\n1. Approve Contract Change Order No. 1 in the amount of\n$347,380 to Agreement 24B050 with Matich Corporation for\nthe 2024 Pavement Rehabilitation, City Project 24-01;\n2. Appropriate $347,380 from the Wastewater Fund balance;\nand\n3. Authorize the City Manager or designee to execute all\nnecessary documents.

P. ESTABLISH A CITY OF PALM SPRINGS RENTAL REGISTRY\nAND APPROVE SOFTWARE AS A SERVICE (SaaS) INITIAL\nAGREEMENT WITH 3Di, INC.\nRECOMMENDATION:\n1. Approve the Software As a Service (SaaS) Subscription\nAgreement 24S140 with 3Di, Inc. for the City of Palm\nSprings Rental Registry as mandated in the HCD approved\nHousing Element in an amount not to exceed $338,376\nover a five-year period.\n2. Authorize the City Manager or designee to execute all\nnecessary documents.

Q. ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT\nSERVICES ACCOUNT (SLESA) GRANT FROM THE STATE\nOF CALIFORNIA AND APPROVE AN EXPENDITURE PLAN\nAND APPROPRIATION\nRECOMMENDATION:\n1. Accept the State of California Supplemental Enforcement\nServices Account Grant (SLESA) and Expenditure Plan.\n2. Direct the Director of Finance/City Treasurer to fund the\nappropriation.\n3. Authorize the City Manager to execute all necessary\ndocuments.

R. APPROVAL OF A COST-SHARE AGREEMENT\nAUTHORIZING FUNDS TRANSFER TO THE DESERT\nWATER AGENCY (DWA) FOR THE COOPERATIVE TURF\nCONVERSION REBATE PROGRAM\nRECOMMENDATION:\n1. Approve Cost-Share Agreement for a Cooperative Turf\nConversion Matching Rebate Program between the City of\nPalm Springs and the Desert Water Agency (DWA).\n2. Authorize the City Manager to execute all necessary\ndocuments.

S. APPROVE CONTRACT CHANGE ORDER NO. 6 WITH\nSTEVE P. RADOS, INC. IN THE AMOUNT OF $1,071,999.85\nAND APPROVE AMENDMENT NO. 3 TO THE\nPROFESSIONAL SERVICES AGREEMENT WITH MWH\nCONSTRUCTORS, INC. (A9141), A DELAWARE\nCORPORATION, IN THE AMOUNT OF $323,100 FOR THE\nWASTEWATER TREATMENT PLANT (WWTP) DIGESTER\nNO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY\nPROJECTS 20-25 AND 21-07\nRECOMMENDATION:\n1. Approve Contract Change Order No. 6 in the amount of\n$1,071,999.85 to Agreement A9137 with Steve P. Rados,\nInc. for the WWTP Digester No. 2 Waste Gas Flare and\nFiltrate Pump Station, City Projects No. 20-25 and 21-07;\n2. Approve Amendment No. 3 in the amount of $323,100 to\nPSA No. A9141, for a new not-to-exceed amount of\n$1,861,027.14 with MWH Constructors, Inc. for the WWTP\nDigester No. 2 and Filtrate Pump Station, City Projects No.\n20-25 and 21-07;\n3. Appropriate $1,395,099.85 from the Wastewater Fund\nbalance; and\n4. Authorize the City Manager or designee to execute all\nnecessary documents.

T. RESOLUTION OF INTENTION FOR VACATION OF PUBLIC\nVEHICULAR ACCESS OVER A PORTION OF MUSEUM WAY\nBETWEEN BELARDO ROAD AND MUSEUM DRIVE IN\nORDER TO FACILITATE THE PERMANENT INSTALLATION\nOF THE “FOREVER MARILYN” STATUE AT THAT\nLOCATION, SHOWN AS LOT ‘A’ OF PARCEL MAP NO.\n36446, SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST\n(ENG. FILE R 23-15-0250)\nRECOMMENDATION:\nAdopt a Resolution entitled, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,\nDECLARING ITS INTENTION TO VACATE A PORTION OF\nMUSEUM WAY WEST OF BELARDO ROAD TO MUSEUM\nDRIVE, SETTING A PUBLIC HEARING, AND DIRECTING\nNOTICE TO BE POSTED AND PUBLISHED.”\nEXCLUDED CONSENT CALENDAR: Items removed from the\nConsent Calendar for separate discussion are considered at this time.

A. RESOLUTIONS TO PLACE A MEASURE ON THE\nNOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION\nBALLOT TO EXTEND THE TERM OF MEASURE “J”,\nADOPTING RESOLUTIONS REGARDING UPDATES TO THE\nSALES TAX ORDINANCE; TO CONSOLIDATE THE\nGENERAL MUNICIPAL ELECTION WITH THE STATEWIDE\nGENERAL ELECTION, AND TO SET THE DEADLINE AND\nRULES FOR PRIMARY ARGUMENTS AND REBUTTAL\nARGUMENTS REGARDING THE MEASURE\nRECOMMENDATION:\n1. Adopt a Resolution entitled, “A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF PALM SPRINGS,\nCALIFORNIA, CALLING FOR THE PLACEMENT OF A\nGENERAL TAX MEASURE ON THE BALLOT FOR THE\nNOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION\nFOR THE SUBMISSION TO THE QUALIFIED VOTERS\nOF AN ORDINANCE TO EXTEND THE TERM OF\nMEASURE “J”, A ONE PERCENT (1%) GENERAL\nTRANSACTIONS AND USE TAX (SALES TAX), BY\nREMOVING ITS SUNSET; AND MAKING VARIOUS\nTECHNICAL UPDATES TO THE TRANSACTIONS AND\nUSE TAX ORDINANCE; AND\n2. Adopt a Resolution entitled, “A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF PALM SPRINGS,\nCALIFORNIA, REQUESTING THE BOARD OF\nSUPERVISORS OF THE COUNTY OF RIVERSIDE TO\nCONSOLIDATE A GENERAL MUNICIPAL ELECTION TO\nBE HELD ON NOVEMBER 5, 2024 WITH THE\nSTATEWIDE GENERAL ELECTION TO BE HELD ON\nTHAT DATE PURSUANT TO §10403 OF THE ELECTIONS\nCODE; AND\n3. Adopt a Resolution entitled, “A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF PALM SPRINGS,\nCALIFORNIA, PROVIDING FOR THE FILING OF\nPRIMARY AND REBUTTAL ARGUMENTS AND SETTING\nRULES FOR THE FILING OF WRITTEN ARGUMENTS\nREGARDING A CITY MEASURE TO BE SUBMITTED AT\nTHE NOVEMBER 5, 2024 GENERAL MUNICIPAL\nELECTION.”

B. NEW PALM SPRINGS SHOP LOCAL PROGRAM – BOGO\nGIFT CARDS\nRECOMMENDATION:\nReceive and file.

C. AN ORDINANCE OF THE CITY OF PALM SPRINGS,\nCALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL\nCODE, RELATING TO REGULATING ENCAMPMENTS AND\nSLEEPING ON PUBLIC PROPERTY, AND DETERMINING\nSUCH ORDINANCE TO BE EXEMPT FROM FURTHER\nENVIRONMENTAL REVIEW UNDER THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT\nRECOMMENDATION:\nConsider and conduct a first reading (introduction) of an\nordinance entitled, “AN ORDINANCE OF THE CITY OF PALM\nSPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS\nMUNICIPAL CODE, RELATING TO REGULATING\nENCAMPMENTS AND SLEEPING ON PUBLIC PROPERTY,\nAND DETERMINING SUCH ORDINANCE TO BE EXEMPT\nFROM FURTHER ENVIRONMENTAL REVIEW UNDER THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT.

D. AN ORDINANCE OF THE CITY OF PALM SPRINGS,\nCALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM\nSPRINGS MUNICIPAL CODE STRICTLY REGULATING CO-\nOWNED HOUSING UNITS, DIRECTING THE PLANNING\nAGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S\nTIMESHARE DEFINITIONS, AND DETERMINING SUCH\nACTION TO EXEMPT FROM FURTHER ENVIRONMENTAL\nREVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT\nRECOMMENDATION:\nDiscuss and consider a first reading (introduction) of an\nordinance entitled, “AN ORDINANCE OF THE CITY OF PALM\nSPRINGS, CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO\nTHE PALM SPRINGS MUNICIPAL CODE STRICTLY\nREGULATING CO-OWNED HOUSING UNITS, DIRECTING THE\nPLANNING AGENCY TO STUDY PROPOSED UPDATES TO\nTHE CITY’S TIMESHARE DEFINITIONS, AND DETERMINING\nSUCH ACTION TO EXEMPT FROM FURTHER\nENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT.”

E. DIRECTION REGARDING FEASIBILITY OF POTENTIAL\nARENAS BUSINESS DISTRICT IMPROVEMENTS, INCLUDING\nPOSSIBLE FLAG POLE, BISTRO LIGHTING, AND/OR ENTRY\nSIGNAGE\nRECOMMENDATION:\nAuthorize staff to conduct additional due diligence for installation\nof a flag pole at the Arenas Business district; identify the\nprocesses and funding sources required; and, draft the\nappropriate legal instruments that conform with other City\nagreements for review and approval by Council at a future\nmeeting.

F. CONSIDER PROPOSAL FROM RIVERSIDE UNIVERSITY\nHEALTH SYSTEM AND BLUE ZONES, LLC TO PARTICIPATE\nIN TRANSFORMATION PHASE\nRECOMMENDATION:\nProvide direction to staff.