HomeMy WebLinkAbout2024-02-29 CC Meeting Minutes (Signed)
Thursday, February 29, 2024
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Bernstein on
Thursday, February 29, 2024, at 5:31 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Bernstein led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Grace Elena Garner, Christy Holstege, and Lisa Middleton; Mayor
Pro Tem Ron deHarte; and Mayor Jeffrey Bernstein.
Absent: None.
City Staff
Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg,
Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeffrey Ballinger, City
Attorney; 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:
Mayor Bernstein mentioned the following proclamations:
• Colorectal Cancer Awareness Month,
• Jacques Caussin
• International Bear Convergence
• Riverside County Arts & Culture Month
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER GARNER,
CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item Nos. 1M and 1X for
separate discussion, and removal of Consent Calendar Item No. 1Y, deferring the item to an
upcoming meeting. (Noting a recusal from Mayor Bernstein on Consent Calendar Item No. 1V.)
REPORT OF CLOSED SESSION:
The Closed Session of the City Council of February 29, 2024, was called to order by Mayor
Bernstein at 4:00 p.m.
City Council Minutes February 29, 2024
City of Palm Springs Page 2
The meeting convened into Closed Session to discuss the following items as listed on the 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) – Claim No. 23-1019:
Under existing facts and circumstances, there was one (1) matter.
CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION,
Pursuant to Government Code Section 54956.9(d)(2) – Claim No. 23-1019:
Under existing facts and circumstances, there were two (2) matters.
PUBLIC TESTIMONY:
Steven Wijatyk, Kevin Spring, Daryl Terrell, Steve Burton, and Jesse Burstein provided oral
testimony.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve the consent calendar with the with removal of Consent
Calendar Item Nos. 1M and 1X for separate discussion, and removal of Consent Calendar Item
No. 1Y, deferring the item to an upcoming meeting.
A. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve the City Council Meeting Minutes of January
25, 2024, and February 8, 2024.
B. RATIFY THE NOMINATION OF THE CITY OF COACHELLA TO THE PALM
SPRINGS INTERNATIONAL AIRPORT COMMISSION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to reappoint Denise Delgado, representing the City of
Coachella, to the Palm Springs International Airport Commission effective immediately
for a term ending January 24, 2025.
C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to adopt a Resolution No. 25182, entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 01-06-24 AND 01-20-
City Council Minutes February 29, 2024
City of Palm Springs Page 3
24 TOTALING $4,603,867.31 AND ACCOUNTS PAYABLE WARRANTS DATED 01-
04-24 AND 01-18-24 TOTALING $11,127,219.61, IN THE AGGREGATE AMOUNT
OF $15,731,086.92, DRAWN ON BANK OF AMERICA."
D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
PERIOD OF JANUARY 1 THROUGH JANUARY 31, 2024
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements
and Purchase Orders for the period of January 1 through January 31, 2024.
E. TREASURER’S INVESTMENT REPORT AS OF DECEMBER 31, 2023
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to receive and file.
F. ACCEPT A GRANT AWARD FROM THE CALIFORNIA PUBLIC UTILITIES
COMMISSION IN THE AMOUNT OF $51,099
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to accept a grant award from the California Public Utilities
Commission in the amount of $51,099.
G. APPROVE AMENDMENT NO. 2 TO AGREEMENT A9135 WITH OLLIN DOCK
& DOOR, INC., FOR OVERHEAD DOOR REPAIR SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve Amendment No. 2 to Agreement A9135 with
Ollin Dock & Door, Inc., to provide overhead door repair and installation services for an
additional amount of $300,000 for a total revised contract amount not to exceed $600,000
through June 19, 2025; and authorize the City Manager or designee to execute all
necessary documents.
H. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B030 WITH EMD
CONSTRUCTION INC. FOR ON-CALL GENERAL CONTRACTOR SERVICES
FOR PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve Contract Services Agreement 24B030 with
EMD Construction Inc. to provide on-call general contractor services for the Palm
Springs International Airport in an amount not to exceed $900,000 for the initial three-
year term beginning March 1, 2024, through February 28, 2027, with two one-year
extension options at the City’s sole discretion; and authorize the City Manager or
designee to execute all necessary documents.
City Council Minutes February 29, 2024
City of Palm Springs Page 4
I. APPROVE A CONTRACT SERVICES AGREEMENT FOR FINANCIAL
CONSULTING SERVICES FOR THE PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve Contract Services Agreement No. 24P031 with
Frasca & Associates, LLC. to provide financial consulting services on an on-call basis
for an amount not to exceed $3,500,000 over a five-year term; and authorize the City
Manager or designee to execute all necessary Agreements and authorize the Executive
Director of Aviation to execute all task orders that fall under the Agreement value.
J. APPROVE THE FUNDING OF FOUR CAPITAL IMPROVEMENT PROJECTS
FROM MEASURE J FUNDS FOR THE PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Approve the funding of four capital improvement projects from Measure J funds in
an amount not to exceed $1,550,000 for the Palm Springs International Airport.
2. Authorize the City Manager or designee to execute all necessary documents.
3. Direct staff to file a Notice of Exemption with the County of Riverside County Clerk.
K. AUTHORIZE THE PURCHASE OF 5 NEW VEHICLES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Approve the issuance of a purchase order to 72 Hour LLC dba National Auto Fleet
Group, for the purchase of 3 Ford F-150 Lightning Pro 4WD SuperCrew, 1 Ford F-
150 Police Responder XL 4WD SuperCrew, and 1 Ford Transit Passenger Wagon T-
350 in an amount not to exceed $321,614.24;
2. After delivery of the new vehicles, declare existing vehicles being replaced as surplus
vehicles and authorize the City Manager or designee to sell at public auction in
accordance with Chapter 7.07 of the Palm Springs Municipal Code; and,
3. Authorize the City Manager or designee to execute all necessary documents.
L. AUTHORIZE THE PURCHASE OF ONE (1) NEW JCB 512P83R
TELEHANDLER AND ATTACHMENT EQUIPMENT IN AN AMOUNT NOT TO
EXCEED $373,468.55
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve the issuance of a purchase order to JCB Southern
California LLC for the purchase of one new JCB 512P53R Telehandler and equipment
for an amount not to exceed $373,468.55, inclusive of sales tax; and authorize the City
Manager or designee to execute all necessary documents.
M. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P016 WITH LAZ
City Council Minutes February 29, 2024
City of Palm Springs Page 5
PARKING CALIFORNIA, LLC FOR PARKING ENFORCEMENT SERVICES
This item was removed from the Consent Calendar for separate discussion and
considered under Excluded Consent Calendar.
N. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B022 WITH
TERRACON CONSULTANTS, INC. FOR ON-CALL ENVIRONMENTAL AND
ABATEMENT TESTING SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve Contract Services Agreement 24B022
(Attachment A) with Terracon Consultants, Inc. to provide on-call environmental and
abatement testing services in an amount not to exceed $310,000 for the initial three-year
term beginning March 1, 2024, through February 28, 2027, with two one-year extension
options at the City’s sole discretion; and authorize the City Manager or his designee to
execute all necessary documents.
O. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B021 WITH
SUPERIOR PAVEMENT MARKINGS, INC. FOR ON-CALL CITYWIDE
ROADWAY STRIPING AND STENCILING SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Approve Contract Services Agreement 24B021 (Attachment A) with Superior
Pavement Markings, Inc. to provide on-call citywide roadway striping and stenciling
services in an amount not to exceed $900,000 for the initial three-year term beginning
March 1, 2024, through February 28, 2027, with two one-year extension options at
the City’s sole discretion;
2. Appropriate $256,496.50 from Gas Tax Fund 133 fund balance;
3. Authorize the City Manager or his designee to execute all necessary documents.
P. APPROVAL OF THE FISCAL YEAR 2024/2025 CSA 152 SPECIAL
ASSESSMENT RATE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to adopt Resolution No. 25183, entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND
SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR
2024/2025 TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND
MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.”
Q. APPROVE SOFTWARE ANNUAL MAINTENANCE AGREEMENT 24S027
WITH GEOSPATIAL TECHNOLOGIES, INC. FOR PUBLIC SAFETY
MAPPING SERVICES
City Council Minutes February 29, 2024
City of Palm Springs Page 6
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve one-year Software Annual Maintenance
Agreement 24S027 with the option for four additional years with GeoSpatial
Technologies, Inc. for public safety mapping services in the amount of $19,049, with a
maximum total of $95,242.50 if all options are exercised; authorize the City Manager to
execute all necessary documents.
R. APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT NO. 23Q183 WITH GROUP 4 ARCHITECTURE, RESEARCH +
PLANNING, INC. FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION
PROJECTS 16-08, MAIN LIBRARY RENOVATIONS, AND 19-18, JC FREY
BUILDING REHABILITATION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve Amendment No. 1 to the Professional Services
Agreement No. 23Q183 with Group 4 Architecture, Research + Planning, Inc. to provide
architectural design services for an amount not to exceed $1,197,200; and authorize the
City Manager or designee to execute all necessary documents.
S. APPROVE TASK ORDER NO. 8 TO VEOLIA WATER WEST OPERATING
SERVICES, INC. AGREEMENT A6804, IN THE AMOUNT OF $16,135.59 FOR
THE BARISTO ROAD SEWER PIPE SEGMENT, CITY PROJECT 22-41
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Approve Task Order No. 8 in the amount of $16,135.59 to Agreement A6804 with
Veolia Water West Operating Services, Inc. for the Baristo Road Sewer Pipe Segment,
City Project No. 22-41 (“Project”).
2. Authorize the City Manager or designee to execute all necessary documents.
3. Appropriate $16,135.59 from the Wastewater Fund balance.
T. AWARD OF CONTRACTS AND AGREEMENTS FOR THE 2024 PAVEMENT
REHABILITATION PROJECT (CITY PROJECT NO. 24-01) INCLUDING
APPROVAL OF A CONSTRUCTION CONTRACT TO MATICH
CORPORATION, A CALIFORNIA CORPORATION, IN THE AMOUNT OF
$8,799,456; APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT
NO. A8566 WITH DUDEK INC., IN AN AMOUNT NOT TO EXCEED $215,000
FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES; AND
APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. 23PO41
WITH TSG ENTERPRISES, INC., DBA THE SOLIS GROUP, IN AN AMOUNT
NOT TO EXCEED $15,410 TO PROVIDE COMMUNITY WORKFORCE
AGREEMENT ADMINISTRATION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
City Council Minutes February 29, 2024
City of Palm Springs Page 7
1. Award a construction contract to Matich Corporation in the amount of $8,799,456 for
the 2024 Pavement Rehabilitation, City Project 24-01(“Project”);
2. Delegate authority to the City Manager or designee to approve and execute
construction contract change orders up to a total amount of $260,000 with all change
orders reported to the City Council;
3. Authorize the City Manager to approve a task order for project management and
inspection services from an on-call engineering service firm, Dudek Inc., in an
amount not to exceed $215,000;
4. Authorize the City Manager to approve a task order for Community Workforce
Agreement (CWA) administration services from an on-call CWA firm, TSG
Enterprises, Inc., dba The Solis Group, in an amount not to exceed $15,410; and
5. Authorize the City Manager to execute all necessary documents.
U. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND
AUTHORIZATION TO BID THE AIRPORT TAXIWAY REHABILIATION,
CITY PROJECT NO. 21-27
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve the plans, specifications and estimate and
authorize Staff to advertise and solicit bids for the Airport Taxiway Rehabilitation, City
Project 21-27.
V. APPROVAL OF TRACT MAP 37935
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 4-0-1 (WITH RECUSAL FROM MAYOR BERNSTEIN), to
adopt Resolution No. 25184, entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 37935
FOR PROPERTY LOCATED AT NORTHEST CORNER OF BELARDO ROAD AND
MUSEUM WAY, IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
W. ACCEPTANCE OF THE HIGHWAY SAFETY IMPROVEMENT PROJECT
(CYCLE 7), FEDERAL-AID PROJECT NO. HSIPL-5282 (046), CITY PROJECT
NO. 15-32
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Accept the public works improvement identified as the Highway Safety Improvement
Project (Cycle 7), City Project No. 15-32, as completed in accordance with the plans
and specifications; and
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for installation of the Highway Safety
Improvement Project (Cycle 7), City Project No. 15-32.
City Council Minutes February 29, 2024
City of Palm Springs Page 8
X. APPROVAL OF TWO TASK ORDERS TO KIMLEY-HORN AND ASSOCIATES
FOR ON-CALL TRAFFIC ENGINEERING SERVICES FOR THE SOUTH
PALM CANYON DRIVE LANE RECONFIGURATION, CITY PROJECT 22-
21A, AND THE RACQUET CLUB ROAD RECONFIGURATION, CITY
PROJECT 22-21B
This item was removed from the Consent Calendar for separate discussion and
considered under Excluded Consent Calendar.
Y. APPROVAL OF RIGHT-OF-WAY ACQUISITION AGREEMENT WITH P&A
INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,
ASSOCIATED WITH THE PALM CANYON DRIVE/INDIAN CANYON
DRIVE/CAMINO PAROCELA TRAFFIC ROUNDABOUT, CITY PROJECT NO.
20-03, APN 508-121-018
This item was removed from the agenda.
Z. APPROVAL OF FIRST AMENDMENT TO COOPERATIVE AGREEMENT
A8912 BETWEEN THE CITY OF PALM SPRINGS AND RIVERSIDE COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE
CONSTRUCTION OF PALM SPRINGS MASTER DRAINAGE PLAN (MDP)
LINE 20, STAGE 3, CITY PROJECT NO. 19-15
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve First Amendment to Cooperative Funding
Agreement A8912 between the Riverside County Flood Control and Water Conservation
District and the City of Palm Springs, associated with the construction, operation, and
maintenance of flood control improvements identified as Storm Drain Line 20, Stage 3,
City Project No. 19-15; and authorize the City Manager to execute all necessary
documents.
AA. APPROVE CONTRACT CHANGE ORDER NO. 5 WITH STEVE P. RADOS,
INC., IN THE AMOUNT OF $248,288.76 FOR THE WASTEWATER
TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS FLARE AND
FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Approve Contract Change Order No. 5 in the amount of $248,288.76 to Agreement
A9137 with Steve P. Rados, Inc. for the WWTP Digester No. 2 Waste Gas Flare and
Filtrate Pump Station, City Projects No. 20-25 and 21-07.
2. Appropriate $248,288.76 from the Wastewater Fund balance.
3. Authorize the City Manager or designee to execute all necessary documents.
City Council Minutes February 29, 2024
City of Palm Springs Page 9
BB. APPROVE CONTRACT CHANGE ORDER NO. 3 WITH UNIFIED FIELD
SERVICES CORPORATION IN THE AMOUNT OF $825,376.90 FOR THE
WASTEWATER TREATMENT PLANT (WWTP) SLUDGE DRYING BEDS
REHABILITATIONS, CITY PROJECT 21-05
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Approve Contract Change Order No. 3 in the amount of $825,376.90 with Unified
Field Services Corporation (“Contractor”) for the WWTP Sludge Drying Beds 16-18
and 19-26 Rehabilitations, City Project No. 21-05 (“Project”).
2. Authorize the City Manager or designee to execute all necessary documents.
3. Appropriate $825,376.90 from the Wastewater Fund balance.
CC. APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT
OF $50,000 FOR THE ARTSCAPE IN THE PARKS PROJECT AT VICTORIA
PARK AND $50,000 FOR THE ARTSCAPE IN THE PARKS PROJECT AT
JAMES O. JESSE PARK
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Appropriate Public Art Funds (Fund 150) in the amount of $100,000.
2. Approve expenditure of Public Art Funds in the amount of $50,000 for the Artscape
in the Parks at James O. Jessie Park Project.
3. Approve expenditure of Public Art Funds in the amount of $50,000 for the Artscape
in the Parks at Victoria Park Project.
DD. APPROVE FUNDING FOR MAINTENANCE OF THE “NINES AND ELEVENS”
PUBLIC ARTWORK
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve Public Art Funds in the amount of $2,690 to have
Signature Sculpture repaint the Nines and Elevens Public Art Piece located in Demuth
Park.
EXCLUDED CONSENT CALENDAR:
M. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P016 WITH LAZ
PARKING CALIFORNIA, LLC FOR PARKING ENFORCEMENT SERVICES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER GARNER, CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 24P016 with LAZ Parking California,
LLC to provide parking enforcement services for a five-year term in an amount not
to exceed $1,633,767 beginning March 1, 2024, through February 28, 2029, with two
one-year extension options at the City’s sole discretion; and
2. Authorize the City Manager or designee to execute all necessary documents.
City Council Minutes February 29, 2024
City of Palm Springs Page 10
X. APPROVAL OF TWO TASK ORDERS TO KIMLEY-HORN AND ASSOCIATES
FOR ON-CALL TRAFFIC ENGINEERING SERVICES FOR THE SOUTH
PALM CANYON DRIVE LANE RECONFIGURATION, CITY PROJECT 22-
21A, AND THE RACQUET CLUB ROAD RECONFIGURATION, CITY
PROJECT 22-21B
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve a Task Order in an amount not to exceed $237,100 with Kimley-Horn
pursuant to the City’s “on-call” agreement (A8342), for traffic engineering services
for the South Palm Canyon Drive Reconfiguration, City Project 22-21A;
2. Delegate authority to the City Manager or designee to approve contract amendments
up to a total amount of $48,000 (20%) for the South Palm Canyon Drive
Reconfiguration, City Project 22-21A;
3. Approve a Task Order in an amount not to exceed $317,600 with Kimley-Horn
pursuant to the City’s “on-call” agreement (A8342), for traffic engineering services
for the Racquet Club Road Reconfiguration, City Project 22-21B;
4. Delegate authority to the City Manager or designee to approve contract amendments
up to a total amount of $64,000 (20%) for Racquet Club Road Reconfiguration, City
Project 22-21B; and,
5. Authorize the City Manager to execute all necessary documents.
2. PUBLIC HEARINGS:
A. COUNCIL CALL-UP OF AN APPLICATION BY KAIDENCE GROUP, LLC
COMPRISED OF A DEVELOPMENT PERMIT, A VARIANCE AND
CONDITIONAL USE PERMIT FOR A PROPOSED DRIVE-THROUGH
COFFEE SHOP ON A 0.46-ACRE PARCEL LOCATED AT 2466 NORTH PALM
CANYON DRIVE, (APN 504-250-031) ZONE: PD 113, GENERAL PLAN:
MIXED-USE (CASES DP-2023-0018, CUP-2023-0020, VAR-2023-0007 and AR-
2023-0083)
Kayman Wong provided oral testimony.
MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE,
CARRIED 4-1 (COUNCILMEMBER MIDDLETON VOTING NO), to:
1. Open the Public Hearing and receive public testimony.
2. Close the public hearing and direct staff as appropriate based on the City Council’s
own findings on the applications related to this case. Staff will bring a resolution
reflecting the Council’s action back at a future meeting.
3. BUSINESS & LEGISLATIVE:
A. SECOND READING (ADOPTION) OF AN ORDINANCE AMENDING
SECTION 3.42.020 AND CHAPTER 5.55 OF THE PALM SPRINGS MUNICIPAL
CODE, REGARDING THE TAXATION AND REGULATION OF CANNABIS IN
THE CITY; FIRST READING (INTRODUCTION) OF AN ORDINANCE
PROVIDING THAT CANNABIS DISPENSARY BUSINESS PERMIT
City Council Minutes February 29, 2024
City of Palm Springs Page 11
APPLICATIONS WILL NOT BE ACCEPTED, PROCESSED OR APPROVED
BY THE CITY, BETWEEN JANUARY 1, 2024 AND DECEMBER 31, 2027; AND
ADOPTION OF A RESOLUTION REDUCING THE CANNABIS BUSINESS
ACTIVITY TAX RATE ON RETAIL TO FIVE PERCENT (5%), AND
ALLOCATING A CERTAIN PERCENTAGE OF TAXES COLLECTED TO BE
USED FOR CERTAIN PURPOSES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR
BERNSTEIN, CARRIED 4-0-1 (WITH RECUSAL FROM COUNCILMEMBER
HOLSTEGE), to:
1. Waive the full reading of the text in its entirety, read by title only, and conduct a
second reading (adoption) of the following ordinance: Ordinance No. 2093, “AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTION 3.42.020 AND CHAPTER 5.55 OF THE PALM SPRINGS MUNICIPAL
CODE, REGARDING THE TAXATION AND REGULATION OF CANNABIS IN
THE CITY”;
2. Waive the full reading of the text in its entirety, read by title only, and conduct a first
reading (introduction) of the following ordinance: Ordinance No. 2094, entitled,
“AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE PALM SPRINGS MUNICIPAL CODE TO PROVIDE THAT
CANNABIS DISPENSARY BUSINESS PERMIT APPLICATIONS WILL NOT
BE ACCEPTED, PROCESSED OR APPROVED BY THE CITY, BETWEEN
JANUARY 1, 2024 AND DECEMBER 31, 2027”; and,
3. By motion, adopt the following resolution: Resolution No. 25185, entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REDUCING THE CANNABIS BUSINESS ACTIVITY TAX
RATE ON RETAIL TO FIVE PERCENT (5%), AND ALLOCATING A CERTAIN
PERCENTAGE OF TAXES COLLECTED TO BE USED FOR CERTAIN
PURPOSES.”
PUBLIC COMMENT:
Daryl Terrell, Moe Elabdallah, Max McCartney, Bill Hatch, and Jesse Neimeyer-Romero provided
oral testimony.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA
DEVELOPMENT:
Deputy City Manager Fagg and the City Council discussed the tentative upcoming meeting schedule
and agenda items. Councilmembers Garner and Middleton; Mayor Pro Tem deHarte; and Mayor
Bernstein provided comments.
ADJOURNMENT:
The City Council adjourned the meeting of Thursday, February 29 , 2024, at 7:49 p.m.
City Council Minutes February 29, 2024
City of Palm Springs Page 12
Respectfully submitted,
_______________________________
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 3/14/2024