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HomeMy WebLinkAbout2023-06-29 City Council Meeting Minutes Thursday, June 29, 2023 Minutes of the Regular Meeting of the City Council of the City of Palm Springs Pursuant to Assembly Bill 361 this meeting was conducted in part by teleconference. CALL TO ORDER: A Regular Meeting of the Palm Springs City Council was called to order by Mayor Garner on Thursday, June 29, 2023, at 5:32 p.m. PLEDGE OF ALLEGIANCE: Hailey Ambrose, elementary school student, led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Christy Holstege, Ron deHarte, Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner. Absent: None. City Staff Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Jeremy Present: Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES: • SOUTHERN CALIFORNIA EDISON Melissa Boyd, Southern California Edison’s Government Relations Manager, provided a presentation on grid reliability and outages. ACCEPTANCE OF THE AGENDA: MOTION BY MAYOR GARNER, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item Nos. 1G, 1M, 1S, and 1EE for separate discussion, and reordering Item Nos. 3A, 3B, and 3C to be considered prior to Public Hearings; and recusal from Mayor Pro Tem Bernstein on Item No. 1DD. REPORT OF CLOSED SESSION: City Council Minutes June 29, 2023 City of Palm Springs Page 2 The Regular Closed Session of the City Council of June 29, 2023, was called to order by Mayor Garner at 4:00 p.m. The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda, with no reportable action: CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Under existing facts and circumstances, there are two (2) matters. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4): Under existing facts and circumstances, there are two (2) matters. PUBLIC TESTIMONY: Bill Mitchell, Brad Anderson, Nona Watson, Kevin Blessing, Bruce Juenger, Michael Hothorn, William Marta, Patrick Gunn, Lars Holm, and Ginny Foat provided oral testimony. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 (WITH RECUSAL FROM MAYOR PRO TEM BERNSTEIN ON ITEM NO. 1DD), to approve the consent calendar with 1G, 1M, 1S, and 1EE pulled for further discussion. A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, by motion, find that: 1) The City Council has reconsidered the circumstances of the state of emergency. Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety, and welfare; and 2) State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and 3) The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings. B. APPROVAL OF MINUTES MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve the City Council Meeting Minutes of April 27, May 8, May 11, May 25, and June 5, 2023. City Council Minutes June 29, 2023 City of Palm Springs Page 3 C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 2023 MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through May 31, 2023. D. APPROVAL OF WARRANTS, CLAIMS AND DEMANDS MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25121, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS / DISBURSEMENTS FOR THE PERIOD ENDING 04-29-23 AND 05-13-23 TOTALING $4,398,245.83 AND ACCOUNTS PAYABLE WARRANTS DATED 04- 27-23 AND 05-11-23 TOTALING $10,035,649.04, IN THE AGGREGATE AMOUNT OF $14,433,894.87, DRAWN ON BANK OF AMERICA. E. AUTHORIZE THE PURCHASE OF ONE (1) NEW AIRCRAFT RESCUE AND FIREFIGHTING (ARFF) TRUCK AND EQUIPMENT IN AN AMOUNT NOT TO EXCEED $1,240,370.76 MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Approve the issuance of a purchase order to Oshkosh Corporation, for the purchase of one new Aircraft Rescue and Firefighting (ARFF) truck and equipment in an amount not to exceed $1,127,609.78, inclusive of sales tax; 2. Delegate authority to the City Manager or designee to approve and execute change orders up to a total amount of $112,760.98 (10%); 3. After delivery of the new vehicle, declare existing vehicle being replaced as surplus and seek approval from the FAA to authorize the Fleet Maintenance Manager to sell at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code; and, 4. Authorize the City Manager or designee to execute all necessary documents. F. AUTHORIZE CHANGE ORDER IN THE AMOUNT OF $147,017.62 FOR MODIFICATIONS FOR TWO NEW FIRE DEPARTMENT WILDLAND UNITS (FIRE ATTACK ENGINES) MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Approve the issuance of a purchase order to Boise Mobile Equipment for the change order modifications of two Fire Department Wildland Units (Fire Attack Engines) in an amount not to exceed $147,017.62. 2. Authorize the City Manager or designee to execute all necessary documents. City Council Minutes June 29, 2023 City of Palm Springs Page 4 G. APPROVE AMENDMENT NO. 2 TO AGREEMENT (A9035) WITH JNS MEDIA SPECIALISTS, INC., DBA JNS NEXT CREATIVE & MEDIA HUB FOR ON- CALL COMMUNICATIONS, MARKETING, AND SOCIAL MEDIA SERVICES This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. H. APPROVE AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 23I037 WITH ON DUTY HEALTH FOR FIREFIGHTER HEALTH AND FITNESS ASSESSMENTS MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Approve Amendment No. 1 to Contract Services Agreement 23I037 with On-Duty Health for NFPA-1582 Firefighter health and fitness assessments for up to 95 members for the City of Palm Springs Fire Department, in an amount of $138,415.00. 2. Authorize the City Manager or designee to execute all necessary documents. I. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9157 WITH PALM SPRINGS MOTORS, INC., FOR AUTOMOTIVE PARTS AND SUPPLIES MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Approve Amendment No. 1 to Agreement No. A9157 with Palm Springs Motors, Inc., to provide automotive parts and supplies in an additional amount of $125,000 for a total revised contract amount not to exceed $200,000. 2. Authorize the City Manager or designee to execute all necessary documents. J. RESOLUTION ACCEPTING THE FIRE DEPARTMENT REPORT ON COMPLIANCE WITH STATE INSPECTION MANDATES MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Adopt Resolution No. 25122, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING THE FIRE DEPARTMENT REPORT ON COMPLIANCE WITH STATE INSPECTION MANDATES” pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code. 2. Authorize the City Manager to execute all necessary documents. City Council Minutes June 29, 2023 City of Palm Springs Page 5 K. APPROVAL OF COMMUNICATIONS FACILITY LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC (AT&T) FOR A NON- EXCLUSIVE LICENSE TO INSTALL, OPERATE AND MAINTAIN A COMMUNICATIONS FACILITY AT CITY-OWNED PROPERTY LOCATED AT 275 SOUTH INDIAN CANYON DRIVE MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Approve a Communications License Agreement by and between New Cingular PCS Wireless, LLC, and the City of Palm Springs for non-exclusive use of ground space at City-owned property at 275 South Indian Canyon Drive. 2. Authorize the City Manager or his designee to execute all the necessary documents. L. APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY’S INSURANCE PORTFOLIO FOR FISCAL YEAR 2023-24; AUTHORIZE A TWO-YEAR EXTENSION OF TERM TO INSURANCE BROKERAGE SERVICES AGREEMENT WITH KEENAN & ASSOCIATES MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize Keenan & Associates, as the City’s Broker of Record, to Purchase Property, Earthquake/Flood (Difference in Condition (“DIC”)), Excess Liability, Excess Workers’ Compensation, Airport Liability, Village-Fest Liability, Multi-Media Liability, Crime/Fidelity and Cyber Liability Insurance Policies from various carriers for Policy Year 2023/2024, effective July 1, 2023, and authorize a two (2) year extension of the term of the agreement for brokerage services with Keenan & Associates. M. ACCEPT GRANT AWARD FROM CALIFORNIA PUBLIC UTILITIES COMMISSION IN AN AMOUNT UP TO $233,500 AND APPROVE CONTRACT SERVICES AGREEMENT NO. 23P125 WITH HR GREEN PACIFIC, INC. FOR BROADBAND MASTER PLAN This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. N. APPROVE THREE-YEAR AGREEMENT WITH INSIGHT PUBLIC SECTOR, INC., FOR MICROSOFT LICENSING AND MAINTENANCE. MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Approve a three-year agreement with Insight Public Sector, Inc., for Microsoft licenses and maintenance at an amount not to exceed $938,948 including a 10% contingency. 2. Authorize the City Manager to execute all necessary documents. City Council Minutes June 29, 2023 City of Palm Springs Page 6 O. AUTHORIZE A COOPERATIVE PURCHASE AGREEMENT WITH ECS IMAGING, INC., FOR LASERFICHE LICENSING AND SUPPORT. MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Authorize a purchase with ECS Imaging, Inc. for an amount of $29,263.80 annually for a term of five-years for a total not to exceed amount of $160,946 which includes a 10% contingency for additional licenses. 2. Authorize the City Manager to execute all necessary documents. P. ADOPT THE CITY’S FISCAL YEAR 2023-24 INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Adopt Resolution No. 25123, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS AND SUPERCEDING RESOLUTION NO. 25023.” 2. Delegate the City Council’s authority to invest and reinvest public funds and to sell or exchange securities so purchased, to the City Treasurer for one year or until earlier revoked by the City Council. Q. MEMORANDA OF UNDERSTANDING WITH THE PALM SPRINGS FIREFIGHTERS ASSOCIATION AND PALM SPRINGS FIRE MANAGEMENT ASSOCIATION MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Adopt Resolution No. 25124, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS FIRE FIREFIGHTERS ASSOCIATION AND THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2026, SUBJECT TO ASSOCIATIONS EXECUTING THE MEMORANDA OF UNDERSTANDING 2. Authorize the City Manager to execute the Memoranda of Understanding (MOU) and all documents necessary to effectuate the above action, including the allocation and compensation plans, salary schedules, agreements and contracts, and any non- substantial MOU language or reorganization. City Council Minutes June 29, 2023 City of Palm Springs Page 7 R. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B131 WITH WGJ ENTERPRISES INC., DBA PCI FOR AIRCRAFT GATE PARKING RESTRIPING MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Approve Contract Services Agreement No. 23B131 with WGJ Enterprises Inc. dba PCI to provide aircraft gate parking restriping in an amount not to exceed $599,900. 2. Appropriate $599,900 from Airport Capital Fund 416 to Airport Account 4167065.80000. 3. Authorize the City Manager or his designee to execute all necessary documents. S. APPROVE AGREEMENT NO. 23B123 WITH WEST COAST ARBORISTS, INC. FOR CITYWIDE TREE TRIMMING SERVICES This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. T. APPROVE AGREEMENT NO. 23B127 WITH VANCE CORPORATION FOR ROAD REPAIRS – GENE AUTRY TRAIL WASH AND INDIAN CANYON WASH MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Approve Construction Contract Agreement No. 23B127 with Vance Corporation, to provide road repairs at Gene Autry Trail Wash and Indian Canyon Wash for an amount not to exceed $256,496.50. 2. Authorize the City Manager or designee to execute all necessary documents. U. APPROVE A PURCHASE ORDER FOR BERG & ASSOCIATES IN THE AMOUNT OF $198,973.24 FOR THE WASTEWATER TREATMENT PLANT (WWTP) SLUDGE DRYING BEDS, CITY PROJECT 21-05. MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Authorize the City Manager to approve a purchase order in an amount not to exceed $198,973.24 with Berg & Associates, an ‘on-call’ firm, for construction management and inspection services for the WWTP Sludge Drying Beds, City Project 21-05. 2. Authorize the City Manager or their designee to execute all necessary documents. City Council Minutes June 29, 2023 City of Palm Springs Page 8 V. ACCEPTANCE OF THE 2022 PAVEMENT REHABILITATION PROJECT, CITY PROJECT 22-08. MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Accept the 2022 Pavement Rehabilitation Project, City Project No. 22-08 as completed in accordance with the contract documents; and 2. Authorize the City Engineer to execute and file a Notice of Completion for recordation with the Riverside County Recorder. W. ACCEPTANCE AND FILING OF THE 2023 PAVEMENT MANAGEMENT PROGRAM REPORT MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to accept and file the 2023 Pavement Management Program Report. X. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING RESOLUTION NO. 23017 AND AUTHORIZING THE INVESTMENT, DEPOSIT, AND WITHDRAWAL OF CITY OF PALM SPRINGS MONIES IN THE LOCAL AGENCY INVESTMENT FUND AND AUTHORIZING A CHANGE IN SIGNATURES FOR THE DEPOSIT AND WITHDRAWAL OF THOSE FUNDS MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25125, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING RESOLUTION NO. 23017 AND AUTHORIZING THE INVESTMENT, DEPOSIT, AND WITHDRAWAL OF CITY OF PALM SPRINGS MONIES IN THE LOCAL AGENCY INVESTMENT FUND AND AUTHORIZING A CHANGE IN SIGNATURES FOR DEPOSIT AND WITHDRAWAL OF THOSE FUNDS.” Y. APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. A9128 WITH PUSH MEDIA, INC. DBA GLEESON DIGITAL STRATEGIES, INC. FOR AIRPORT ADVERTISING AND PROMOTIONAL SERVICES MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Approve Amendment No. 1 to Contract Services Agreement No. A9128 with Push Media, Inc. dba Gleeson Digital Strategies in the amount of $1,092,850 for Airport advertising and promotional services. 2. Authorize the City Manager or his designee to execute all necessary documents. City Council Minutes June 29, 2023 City of Palm Springs Page 9 Z. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. A7147 FOR ON-CALL AVIATION CONSULTING SERVICES AND TASK ORDER NO. 3 WITH M. ARTHUR GENSLER JR. & ASSOCIATES, INC. FOR INBOUND BAGGAGE CLAIM EXPANSION DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Approve Amendment No. 1 to Professional Services Agreement No. A7147 with Gensler for a 3-year term. 2. Approve Task Order No. 3 with Gensler for inbound baggage claim expansion design and construction administration services at the Palm Springs International Airport, in an amount not to exceed $2,914,322.04. 3. Allow the City Manager or designee to execute all necessary documents. AA. APPOINTMENTS AND REAPPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Appoint Robert Berriman, representing the City of Indian Wells, to the Palm Springs International Airport Commission effective July 1, 2023, to a term expiring June 30, 2025. 2. Appoint Margaret Park, representing the County of Riverside, to the Palm Springs International Airport Commission effective July 1, 2023, to a term expiring June 30, 2026. 3. Appoint Patricia Pierce and David Parker as alternates to the Administrative Appeals Board effective immediately with a term ending June 30, 2026. 4. Appoint Melissa Shelton, Tom Burns, and Carlos Silveira to the Public Arts Commission effective immediately with a term ending June 30, 2026. 5. Appoint Roy Clark and Kathleen Cohn to the Sustainability Commission effective immediately with a term ending June 30, 2026. 6. Re-appoint David Anderson to the Village Fest Board with a term ending June 30, 2026. Appoint Kelly Teo and Carlos Antonio Alvarez to the Village Fest Board effective immediately, with a term ending June 30, 2026. 7. Accept the resignation of Scott Miller from the Historic Site Preservation Board effective immediately. City Council Minutes June 29, 2023 City of Palm Springs Page 10 BB. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2023-2024. MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Adopt Resolution No. 25126, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, TO ESTABLISH ANNUAL ASSESSMENTS AND THE LEVY AND COLLECTION RELATED THERETO FOR FISCAL YEAR 2023/2024;” and 2. Adopt Resolution No. 25127, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 24, 2024, REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023/2024.” CC. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE PLAZA THEATRE REHABILITATION PROJECT, CITY PROJECT NO. 18-04. MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve the plans, specifications and estimate; and authorize Staff to advertise and solicit bids for the Plaza Theater Rehabilitation Project, City Project No. 18-04. DD. APPROVE AMENDED AND RESTATED AGREEMENT FOR THE OPERATION OF THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-0 (MAYOR PRO TEM BERNSTEIN RECUSED DURING THE APPROVAL OF THE CONSENT CALENDAR), to: 1. Approve the Amended and Restated Agreement for the Operation of the Palm Springs Film Festival, extending the agreement to June 30, 2028; and, 2. Authorize the City Manager to execute the Agreement and take any and all actions necessary to effectuate the Agreement. City Council Minutes June 29, 2023 City of Palm Springs Page 11 EE. APPROVE CONTRACT SERVICES AGREEMENT NO. 23S140 WITH THE PALM SPRINGS CHAMBER OF COMMERCE FOR ADMINISTRATION OF THE PALM SPRINGS WALK OF STARS PROGRAM This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. FF. LETTER OF SUPPORT FOR ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 5 REPEALING SECTION 31 OF ARTICLE I OF THE CALIFORNIA CONSTITUTION MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize the issuance of a letter in support of Assembly Constitutional Amendment No. 5 repealing Section 31 of Article I of the California Constitution. GG. APPROVE FUNDING FOR PUBLIC ART PROFESSIONAL SERVICES MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Approve Public Art Funds in the amount of $25,000 for public art appraisal services. 2. Approve Public Art Funds in the amount of $25,000 for on-call cleaning and maintenance services. 3. Approve Public Art Funds in the amount of $25,000 for on-call Public Art installation engineering services. 4. Authorize the City Manager to execute all necessary documents to execute agreements with the selected service providers. EXCLUDED CONSENT CALENDAR: G. APPROVE AMENDMENT NO. 2 TO AGREEMENT (A9035) WITH JNS MEDIA SPECIALISTS, INC., DBA JNS NEXT CREATIVE & MEDIA HUB FOR ON- CALL COMMUNICATIONS, MARKETING, AND SOCIAL MEDIA SERVICES MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Approve Amendment No. 2 to Agreement A9035 with JNS Media Specialists, Inc., dba JNS Next Creative & Media Hub to provide On-Call Communications, Marketing, and Social Media Services in an additional amount of $40,000 for a total revised contract amount not to exceed $100,000. 2. Authorize the City Manager or designee to execute all necessary documents. City Council Minutes June 29, 2023 City of Palm Springs Page 12 M. ACCEPT GRANT AWARD FROM CALIFORNIA PUBLIC UTILITIES COMMISSION IN AN AMOUNT UP TO $233,500 AND APPROVE CONTRACT SERVICES AGREEMENT NO. 23P125 WITH HR GREEN PACIFIC, INC. FOR BROADBAND MASTER PLAN MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Accept a Local Agency Technical Assistance grant award from The California Public Utilities Commission in an amount up to $233,500. 2. Approve Contract Services Agreement No. 23P125 with HR Green Pacific, Inc. to provide a broadband master plan for a one-year term in an amount not to exceed $162,220 beginning July 1, 2023, through June 30, 2024. 3. Authorize the City Manager or designee to execute all necessary documents. S. APPROVE AGREEMENT NO. 23B123 WITH WEST COAST ARBORISTS, INC. FOR CITYWIDE TREE TRIMMING SERVICES MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR GARNER, CARRIED 5-0, to: 1. Approve Contract Services Agreement No. 23B123 with West Coast Arborists, Inc., to provide citywide tree trimming services for an amount not to exceed $4,298,540.00 beginning October 1, 2023, through September 30, 2026, with two one-year extension options at the City’s sole discretion. 2. Authorize the City Manager or designee to execute all necessary documents. EE. APPROVE CONTRACT SERVICES AGREEMENT NO. 23S140 WITH THE PALM SPRINGS CHAMBER OF COMMERCE FOR ADMINISTRATION OF THE PALM SPRINGS WALK OF STARS PROGRAM MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Approve Contract Services Agreement No. 23S140 with Palm Springs Chamber of Commerce to provide Administration of the Palm Springs Walk of Stars Program for an amount not to exceed $623,700 beginning July 1, 2023, through June 30, 2028, with two one-year extension options upon mutual agreement, as amended. 2. Authorize the City Manager or designee to execute all necessary documents. 2. PUBLIC HEARINGS: A. RESOLUTION CONFIRMING THE REPORT OF THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD, LEVYING THE FISCAL YEAR 2023-24 ASSESSMENT, AND CONDUCT OF PROTEST PROCEEDINGS MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY MAYOR GARNER, CARRIED 5-0, to: 1. Open the public hearing, receive public testimony, and written and oral protests to confirm the Report of the Palm Springs Tourism Small Hotel Business City Council Minutes June 29, 2023 City of Palm Springs Page 13 Improvement District Advisory Board and levying an assessment for Fiscal Year 2023-24. 2. Adopt Resolution No. 25128, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN ASSESSMENT FOR FISCAL YEAR 2023-24 IN CONNECTION WITH THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT.” B. PUBLIC HEARING AND ADOPTION OF THE FISCAL YEAR 2023-24 AND FISCAL YEAR 2024-25 COMPREHENSIVE BUDGETS, PALM SPRINGS COMMUNITY REDEVELOPMENT SUCCESSOR AGENCY BUDGET, UPDATED STATUS OF ADOPTED 5-YEAR CAPITAL IMPROVEMENT PROGRAM, APPROPRIATIONS LIMIT, AND ALLOCATED POSITIONS AND COMPENSATION PLAN. MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Open the public hearing and accept public testimony on the FY 2023–24 and FY 2024-25 Budgets. 2. Adopt Resolution No. 25129, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2023 – 2024 AND FISCAL YEAR 2024 - 2025; AND ADOPTING THE PUBLICLY AVAILABLE PAY SCHEDULES;” 3. Adopt Resolution No. 25130, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR FISCAL YEAR 2023 – 2024 AND FISCAL YEAR 2024 – 2025 AND SUCH OTHER MATTERS AS REQUIRED;” 4. Adoption Resolution No. 25131, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE SUCCESSOR AGENCY BUDGET FOR FISCAL YEAR 2023 – 2024, AND OTHER SUCH MATTERS AS REQUIRED;” and 5. Adoption Resolution No. 25132, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023 – 2024 ENDING ON JUNE 30, 2024." 6. Direct the City Manager and Acting Director of Finance and Treasurer to make the appropriate modifications to the Budget and prepare the final budget documents for FY 2023-24 and FY 2024-25, as amended. City Council Minutes June 29, 2023 City of Palm Springs Page 14 3. BUSINESS & LEGISLATIVE: A. APPROPRIATE FUNDS FOR THE HOMELESS NAVIGATION CENTER AND EARLY ENTRY FACILITY IN THE AMOUNT OF $5,000,000 AT 3589 MCCARTHY ROAD AND APPROVAL OF AMENDMENT NO 3. TO PROFESSIONAL SERVICES AGREEMENT NO. 9161 WITH JOHN FRIEDMAN ALICE KIMM ARCHITECTS, A CALIFORNIA CORPORATION, FOR ARCHITECTURAL DESIGN SERVICES OF THE PALM SPRINGS NAVIGATION CENTER, CITY PROJECT NO. 22-05 MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Approve $5,000,000 in the Fiscal Year 2024 General Fund Budget for additional costs relative to the Navigation Center and to allow Early Entry beds at 3589 McCarthy Road to be available more quickly. 2. Approve Amendment No. 3 in the amount of $520,763 to Professional Services Agreement No. 9161, for a new not-to-exceed amount of $1,440,355 with John Friedman Alice Kim Architects for the Palm Springs Navigation Center, City Project No. 22-05. 3. Approve an increase in the project contingency from $1,500,000 to $3,000,000 and authorize the City Manager to approve project-related contracts, amendments, and change orders up to $3 million (10% of the construction budget). B. CONSIDERATION OF THE ESTABLISHMENT OF A CITY COUNCIL POLICY PROVIDING A CERTAIN PERCENTAGE OF TRANSIENT OCCUPANCY TAX (TOT) BE SET ASIDE AND USED FOR FUTURE AFFORDABLE HOUSING NEEDS MOTION BY MAYOR GARNER, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-1 (COUNCILMEMBER DEHARTE VOTING NO), to adopt Resolution No. 25133, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A CITY COUNCIL POLICY REGARDING THE USE OF A CERTAIN PERCENTAGE OF TRANSIENT OCCUPANCY TAX (TOT) FOR AFFORDABLE HOUSING PROGRAMS.” C. CONSIDERATION OF THE ESTABLISHMENT OF A CITY COUNCIL POLICY ESTABLISHING A MINIMUM FUND BALANCE IN THE CITY’S GENERAL FUND MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 3-2 (COUNCILMEMBERS DEHARTE AND HOLSTEGE VOTING NO), to adopt Resolution No. 25134, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A GENERAL FUND RESERVE POLICY.” PUBLIC COMMENT: None. City Council Minutes June 29, 2023 City of Palm Springs Page 15 CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Mayor Garner, Mayor Pro Tem Bernstein, and Councilmembers deHarte, Holstege, and Middleton provided comments. ADJOURNMENT: The City Council adjourned the meeting of Thursday, June 29, 2023, at 10:15 p.m. Respectfully submitted, ______________________________ Brenda Pree, MMC, CERA City Clerk APPROVED BY CITY COUNCIL: 9/14/2023 7-t 7o/