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HomeMy WebLinkAbout2024-06-18 AIRPORT COMMISSION AGENDA AIRPORT COMMISSION MEETING AGENDA Airport Conference Room, Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Tuesday, June 18, 2024 - 5:30 P.M. To view/listen/participate virtually in the meeting live, please contact Tanya Perez at Tanya.Perez@palmspringsca.gov or the following telephone number (760) 318-3805 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment. Registration is not required to attend the meeting in person. In addition, the meeting will also be teleconferenced pursuant to Government Code Section 54953 from the following location(s): TELECONFERENCE LOCATION(S): Commissioner David Feltman – City of Palm Springs 164 Bradford Street Provincetown, MA 02657 Each location is accessible to the public, and members of the public may address the Airport Commission from any of the locations listed above. Any person who wishes to provide public testimony in public comments is requested to file a speaker card before the Public Comments portion of the meeting. You may submit your public comment to the Airport Commission electronically. Material may be emailed to: Tanya.Perez@palmspringsca.gov - Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the Airport Commission and retained for the official record. To view Airport Commission meeting videos click on YouTube. City of Palm Springs: Riverside County: Margaret Park City of Cathedral City: Tony Michaelis City of Palm Desert: Kevin Wiseman Aftab Dada - Chair David Feltman Kevin J. Corcoran Vice Chair J Craig Fong City of Indian Wells: Robert Berriman City of Coachella: Denise Delgado City of Rancho Mirage: Keith Young Vacant Tracy Martin Todd Burke M. Guillermo Suero City of La Quinta: Kathleen Hughes City of Desert Hot Springs: Jan Pye City of Indio: Rick Wise Daniel Caldwell Dave Banks Palm Springs City Staff Scott C. Stiles Harry Barrett Jr., A.A.E. Jeremy Keating City Manager Airport Executive Director Assistant Airport Director Airport Commission Meeting Agenda June 18, 2024 – Page 2 _______________________________________________________________________________________ 1. CALL TO ORDER – PLEDGE OF ALLEGIANCE 2. POSTING OF AGENDA 3. ROLL CALL 4. ACCEPTANCE OF AGENDA 5. PUBLIC COMMENTS: Limited to three minutes on any subject within the purview of the Commission 6. APPROVAL OF MINUTES: Minutes of the Airport Commission Regular Meeting of January 17, 2024 7. INTRODUCTIONS AND PRESENTATIONS: 7.A End of Term Plaque Presentation: Chairman Aftab Dada, Commissioner Kathleen Hughes, and Commissioner M. Guillermo Suero 7.B Announcement of New Commissioners 8. DISCUSSION AND ACTION ITEMS: 8.A Baggage Claim Expansion Concept Design Update 8.B Restroom Capacity and Renovation Floor Plan Review 8.C FIS Study Update and Customs and Border Patrol Strategy 8.D Strategic Business Plan Update 8.E Arts Program Update 8.F Concessions Update 8.G AD Hoc Design Review Committee Update 8.H Marketing and Air Service Update 8.I Financial Summary Update 8.J Cancellation of July 17th Airport Commission Meeting, Approval of July 10th Special Airport Commission Meeting at 5:30 p.m., and Rescheduling of Noise Committee Meeting to July 10th at 5:00 p.m. 8.K Electronic Use Policy 8.L Projects and Airport Capital Improvement Program Update 9. EXECUTIVE DIRECTOR REPORT 10. COMMISSIONERS REQUESTS AND REPORTS 11. REPORT OF COUNCIL ACTIONS: 11.A Past City Council Actions 11.B Future City Council Actions 12. RECEIVE AND FILE: 12.A Airline Activity Report May 2024 Airport Commission Meeting Agenda June 18, 2024 – Page 3 _______________________________________________________________________________________ 12.B Airline Activity Report Fiscal Year Comparison 13. COMMITTEES: 13.A Future Committee Meetings 13.B Committee’s Roster ADJOURNMENT: To Be Determined AFFIDAVIT OF POSTING I, Harry Barrett, Jr., Airport Executive Director, City of Palm Springs, California, hereby certify this agenda was posted on June 13, 2024, in accordance with established policies and procedures. PUBLIC NOTICES Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (760) 323-8204. It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Department of Aviation, (760) 318-3800, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. Page 1 of 5 AIRPORT COMMISSION MINUTES OF THE REGULAR MEETING OF THE AIRPORT COMMISSION OF THE PALM SPRINGS INTERNATIONAL AIRPORT Wednesday, January 17, 2024 – 5:30 P.M. _____________________________________________________________________ 1. CALL TO ORDER: Vice Chairman Corcoran called the Airport Commission Meeting to order at 5:30 P.M. The meeting was held in-person and via videoconference. 2. POSTING OF THE AGENDA: Posted on March 14, 2024. 3. ROLL CALL: Commissioners Present: Robert Berriman (Indian Wells) Tony Michaelis (Cathedral City) Todd Burke (Palm Springs) Margaret Park (Riverside County) Daniel Caldwell (Palm Springs) Jan Pye (Desert Hot Springs) Kevin Corcoran (Palm Springs) - Vice Chair M. Guillermo Suero (Palm Springs) * J Craig Fong (Palm Springs) Rick Wise (Indio) Kathleen Hughes (La Quinta) Kevin Wiseman (Palm Desert) Tracy Martin (Palm Springs) Keith Young (Rancho Mirage) Commissioners Absent: Dave Banks (Palm Springs), Aftab Dada (Palm Springs), Denise Delgado (Coachella), and David Feltman (Palm Springs) *M. Guillermo Suero (Palm Springs) joined the meeting at 5:39 p.m. Staff Present: Harry Barrett, Jr., Airport Executive Director Jeremy Keating, Assistant Airport Director Victoria Carpenter, Airport Administration Manager Geremy Holm, City Attorney Christina Brown, Executive Program Administrator Others Present: Ryan Hayes, Mead & Hunt, Inc. Stephanie Nikho, Mead & Hunt, Inc. 4. ACCEPTANCE OF THE AGENDA: ITEM 6 Airport Commission Minutes January 17, 2024 ______________________________________________________________________ Page 2 of 5 ACTION: Accept the Agenda as presented. Moved by Commissioner Burke, seconded by Commissioner Park, and unanimously approved noting the absence of Commissioners Banks, Dada, Delgado, Feltman, and Suero. 5. PUBLIC COMMENTS: None. 6. APPROVAL OF THE MINUTES: ACTION: Approve the minutes of the Airport Commission Meeting of September 20, 2023. Moved by Commissioner Young, seconded by Commissioner Caldwell and approved by the following roll call vote: 10 Yes; 3 Abstain; and noting the absence of Commissioners Banks, Dada, Delgado, Feltman, and Suero. 7. DISCUSSION AND ACTION ITEMS: 7.A Electronic Use Policy Airport Executive Program Administrator Brown reported that on January 4, 2024, the Commission was notified about the City’s mandate for all City, Board and Commission business email communications to be conducted through a City-issued email account. Ms. Brown stated that beginning on February 1, 2024, all email communications to the Commission, which includes the distribution of the agenda packets, would be sent to the Commissioner’ City-issued email accounts. She notified the Commission that the City’s IT staff would be available to assist with any set-up or technical problems and that she could also assist with setting up a time for the Commissioners to meet with an IT staff member. 7.B AB 557 Airport Executive Program Administrator Brown reported that on January 4, 2024, the Commission was notified about AB 557 – Teleconferencing of City Council, Board and Commission meetings and that on December 14, 2023, the City Council mandated that all City Boards and Commissions must meet in person beginning on January 1, 2024. Ms. Brown acknowledged that she had spoken to all but one Airport Commissioner to confirm that the notification had been received. She announced that City Attorney Holm, who was present in the meeting, would be available to answer any questions or concerns. Vice Chairman Corcoran asked for confirmation that his understanding that a Commissioner’s off-site address, which could include their home address, would have to be posted on the Agenda and any member of the public could technically show up for the meeting at that location and be in their right to do so. City Attorney Holm affirmed that Vice Chairman Corcoran’s understanding was correct and that the Brown Act was once again being applied to pre-Covid times. Airport Commission Minutes January 17, 2024 ______________________________________________________________________ Page 3 of 5 Ms. Brown stated that one of the Commissioners had a question about posting a hotel room number when attending a Commission meeting while on vacation, and specifically being unable to do so as hotel room are not assigned until a person checks in to the hotel. Mr. Holm stated that the room number would have to be posted with the location in the agenda and within the 72 hour noticing period required by the Brown Act. Mr. Holm recommended that in instances where a Commissioner is attending from a hotel, the Commissioner should do so from the hotel lobby or the hotel’s business center. Commissioner Wiseman inquired about the Brown Act rules for emergency situations. Mr. Holms explained that there are emergency exceptions under AB 2449 that would allow a Commissioner to participate in the meeting remotely without having to post their location and that it was his understanding that the City Council, City Attorney, and City Clerk had elected to not allow AB 2449 to be used because it could create some complications such has having to convert a meeting into a Zoom meeting anywhere up to the start of the meeting. 7.C Financial Summary Update Airport Administration Manager Carpenter provided an overview of the Financial Summary Update for the period ending December 31, 2023. Ms. Carpenter stated that each of the funds had a surplus. 7.D Marketing and Air Service Update Deputy Director of Aviation, Marketing and Air Service Meier presented the Marketing and Air Service Update for January 2024. Commissioner Martin referred to the decline of the passenger numbers for the summer, and he asked if the Airport was coming out of the Covid travel bounce back, and should the Commission expect to not see the passenger numbers grow anywhere close to what was seen in the last year. Mr. Meier said that the Commission should expect to see pre-Covid passenger numbers and steady passenger traffic counts and growth over the next several years. Commissioner Martin asked if the decreased numbers would affect the Airports budget. Airport Executive Director Barrett said that he had directed staff to decrease the budget to adjust for the decline in passenger numbers. Commissioner Martin asked if staff had any concerns in regard to the 4% growth that had been estimated in the long-term plan. Mr. Barrett said that he was not concerned because the Airport would still see that level of demand as the trend line continues to grow. Commissioner Fong asked if staff would need to adjust the budget for the Passenger Facility Charges revenue because of the issues with the Max 9 aircraft. Mr. Meier said that there were only four or five Max 9 aircrafts that were scheduled at the Airport per day and that there hadn’t been a significant number of cancelations, and he was not expecting that to change. Airport Commission Minutes January 17, 2024 ______________________________________________________________________ Page 4 of 5 7.E Concessions Update Assistant Airport Director Keating reported that there were still a significant number of moving parts that were still in process, and he reviewed the concessions projects schedule. Vice Chairman Corcoran said that he was pleased to learn that Las Casuelas was moving forward at the Airport. Commissioner Martin inquired about the forms of revenue that the Airport receives from concessions. Airport Executive Director Barrett said that the Airport receives revenue from the leased space and the Airport also receives a percentage of the concession sales. Airport Administration Manager Carpenter said that the Airport receives 20% of The Marshall Retail Groups gross sales, and the Airport receives 12% for food and 15% for alcohol gross sales from Paradies Lagardere. 7.F Projects and Airport Capital Improvement Program Update Airport Executive Director Barrett reported that most of the updates were included in the packet. He said that the Master Plan alternatives would be presented to the City Council on January 25, 2024 and that the next steps involved developing a financial plan for the terminal project, focusing on payment strategies. The update process for the Airport Layout Plan which would need to be approved by the FAA and would take approximately six months, and planning for other facilities was also underway. Mr. Barrett noted that the Master Plan Working Group (Working Group) meeting was scheduled for Thursday, January 25, 2024, at 10:00 a.m. and that the Working Group would be reviewing the airside alternatives. Mr. Barrett reported that staff was beginning to do some transition planning to determine what the project phasing would look like, and he said that one of the Airport’s on-call contractors would be assisting staff with developing the phasing schedule. He noted that there would be some operational challenges, particularly with the expansion of the baggage claim system and how to relocate the rental car companies that currently exist in that space while facilitating the customer experience during that process. Mr. Barrett also reported that the Airport now has on-call service contracts with RS&H California, Inc., M. Arthur Gensler Jr. & Associates, Inc., InterVISTAS Consulting, LLC, and AECOM Technical Services, Inc. for the following four activities: 1) Architectural Services; 2) Engineering Services; 3) Environmental Services; and 4) Planning Services. Additionally, a separate stand-alone contract with Mead & Hunt, Inc would be presented to the City Council on January 25, 2024, for the construction management of the inline baggage handling system. 8. EXECUTIVE DIRECTOR REPORT: Airport Executive Director Barrett reported on the progress of the Airport reorganization, specifically making headway on filling positions. He further detailed the hiring processes and the reasons for restructuring the job descriptions. Mr. Barrett Airport Commission Minutes January 17, 2024 ______________________________________________________________________ Page 5 of 5 discussed how the Airport was working with Human Resources to align the job duties with the job descriptions. 9. COMMISSIONERS REQUESTS AND REPORTS: Vice Chairman Corcoran asked staff to add an agenda item regarding the car rental car wash noise to the next Airport Commission meeting agenda, and he also asked staff to provide data on vehicles that are parked for seven or more days at the Airport parking lots. Commissioner Berriman inquired about the amendment to the TNC signage ordinance. Airport Executive Director Barrett said that staff were working on taking the ordinance amendment to the City Council for approval. Vice Chairman Corcoran asked staff to provide an update at the next Airport Commission meeting. 10. REPORT OF CITY COUNCIL ACTIONS: 10.A. Past City Council Actions 10.B. Future City Council Actions 11. RECEIVE AND FILE: 11.A Airlines Activity Report December 2023 11.B Airline Activity Report Fiscal Year Comparison 12. COMMITTEES: 12.A Future Committee Meetings 12.B Updated Committee Roster ADJOURNMENT: The Airport Commission adjourned at 6:32 P.M. to a Regular Meeting on February 21, 2024, at 5:30 P.M. ____________________________ Christina Brown Executive Program Administrator ID Task Name 1 Nine Cities- complete 2 Hey Joshua- complete 3 Las Palmas Oasis- complete 4 InMotion 5 Cactus to Clouds 6 Las Casuelas & Coachella Valley Coffee 7 Uptown Essentials 8 The Pink Door 9 Vino Volo 10 Trio 11 Coachella Duty Free Cart 12 Half Moon Empanadas 5/3 5/3 7/2 8/2 8/15 10/10 10/10 12/18 12/26 1/10 3/12 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter PSP Concession Projected Opening Dates Palm Springs International Airport Tue 6/11/24 ITEM 8.F Marketing & Air Service Update July 2024 ITEM 8.H Scheduled Departing Seats Based on 06/12/24 schedule data, subject to change. 70,820 77,224 90,338 173,482 79,601 81,356 93,181 161,282 97,154 95,976 107,435 152,520 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 200,000 July August September October 2024 2023 2022 Month % Change July - 11.1% August - 5.1 % September - 3.1 % October 7.6 % Bar Graph: Left to right: 2024, 2023, 2022 Seats vs. 1 Year Ago Note: 737 MAX issues and SFO runway work continue to impact PSP’s summer capacity. May Total Passenger Counts •246,186 Total Passengers •Increase of 0.1% over 2023 •New record for May Seasonal Service Updates •American to Chicago, O’Hare •Southwest to Dallas Love •All seasonal routes have now ended, and they will begin to return in September •A full list of seasonal service end and return dates is available on flyPSP.com under the Airlines & Destinations page in the Flights drop-down menu Air Service Update CITY OF PALM SPRINGS PALM SPRINGS INTERNATIONAL AIRPORT Financial Summary Ending May 31, 2024 Fund 405 - Customer Facility Charges FY 23-24 Revised Budget FY 23-24 Actual FY 23-24 % Of Budget FY 22-23 Actual FY 22-23 vs FY 23-24 % Change Operating Revenue 9,181,327 9,283,667 101%8,002,852 16% Operating Expenditures 11,780,574 - 0%- 0% Surplus / (Deficit)(2,599,247) 9,283,667 -357%8,002,852 -16% Fund 405 is the airports fund for customer facility charges (CFC). Revenues CFC revenue is collected by the car rental concessionaires and remitted to the Airport according to state law to support the future consolidated rental car facility project. In March 2022, City Council approved a change in the collection methodology rate from $10 per transaction to $9 per day up to five days maximum. YTD, revenues of $9.2M represents 101% of the full year budget, reflecting seasonal nature of CFC revenues. Expenditures YTD, the airport has not spent any of the Fund 405 budgeted expenditures. (4,000,000) (2,000,000) - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 (2,599,247) 9,283,667 8,002,852 Fund 405 -Customer Facility Charges -Net Balance FY 23-24 Revised Budget FY 23-24 Actual FY 22-23 Actual 6/13/2024 ITEM 8.I Page 1 of 12 CITY OF PALM SPRINGS PALM SPRINGS INTERNATIONAL AIRPORT Financial Summary Ending May 31, 2024 Fund 410 - Passenger Facility Charges FY 23-24 Revised Budget FY 23-24 Actual FY 23-24 % Of Budget FY 22-23 Actual FY 20-23 vs FY 21-24 % Change Operating Revenue 6,450,776 5,743,984 89%5,371,413 7% Operating Expenditures 9,072,099 340,291 4%452,135 -25% Surplus / (Deficit)(2,621,323) 5,403,693 -206%4,919,278 10% Fund 410 is the airports fund for passenger facility charges (PFC). Revenues The PFC, provides a source of additional capital to improve, expand, and repair the nation’s airport infrastructure. The FAA must approve any facility charges imposed on enplaning passengers. The PFC at PSP is $4.50 and the maximum PFC charge on any one passenger travel ticket is capped at $18.00. YTD, revenues of $5.7M represents 89% of the full year budget, reflecting seasonal nature of CFC revenues. Expenditures On July 18, 2019, the City of Palm Springs issued 2019 Airport Passenger Facility Charge Revenue Bonds for $22,270,000 to finance a portion of the design, acquisition, and construction of ticketing hall and baggage handling system improvements. Interest is payable semiannually on June 1, and December 1 of each year, commencing December 1, 2019, until maturity or earlier redemption. Fiscal year 2024 principal is $1,690,000 and interest is $807,000. Expenses to fund 410 include principal and interest and contractual services to the bond consultant. YTD expenses of $340,291 represents the interest payments for the 2019 bond. (3,000,000) (2,000,000) (1,000,000) - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 1 (2,621,323) 5,403,693 4,919,278 Fund 410 -Passenger Facility Charges -Net Balance FY 23-24 Revised Budget FY 23-24 Actual FY 22-23 Actual 6/13/2024Page 2 of 12 CITY OF PALM SPRINGS PALM SPRINGS INTERNATIONAL AIRPORT Financial Summary Ending May 31, 2024 Fund 415 - Airport Operations & Maintenance FY 23-24 Revised Budget FY 23-24 Actual FY 23-24 % Of Budget FY 22-23 Actual FY 22-23 vs FY 23-24 % Change Operating Revenue 64,090,869 41,818,567 65%50,805,785 -18% Operating Expenditures 51,371,103 28,909,070 56%23,504,014 23% Surplus / Deficit 12,719,766 12,909,498 101%27,301,771 -53% Fund 415 is the airports operation & maintenance fund which records for all the revenues and expenditures. Revenues Airport revenues included operating and non-operating revenues from airlines, fuel fees, terminal rentals, ground rentals, concessions, fines, parking, ground transportation, grant reimbursements, admission fees for the Palm Springs Air Museum and interest income. Expenditures Airport expenditures consist of personnel, contractual services, safety and security (Aircraft Rescue and Fire Fighting (ARFF) and law enforcement), utilities, maintenance, supplies, operating equipment, insurance, employee development, equipment rentals and repairs. 6/13/2024Page 3 of 12 CITY OF PALM SPRINGS PALM SPRINGS INTERNATIONAL AIRPORT Financial Summary Ending May 31, 2024 Fund 415 - Airport Operations & Maintenance FY 23-24 Revised Budget FY 23-24 Actual FY 23-24 % Of Budget FY 22-23 Actual FY 22-23 vs FY 23-24 % Change Operating Revenue Airline Revenue Landing Fees 5,910,134 5,183,271 88%3,293,709 57% Landing Fee Surcharge - (93,778) 0%2,002,388 -105% Terminal Airline Space/Joint Use 9,467,216 4,874,073 51%1,994,705 144% Gate Per Use Fees 3,470,605 1,538,513 44%1,300,895 18% Passenger Loading Bridge Fee 1,255,064 579,342 46%- 0% Baggage Handling System Fees 897,000 743,173 83%- 0% Total Airline Revenues 21,000,019 12,824,594 61%8,591,697 49% Other Revenue CARES Act - - 0%5,989,698 -100% CRRSAA-Airport 4,783,916 1,408,292 29%- 0% CRRSAA-Concessions 280,390 - 0%280,390 -100% ARPA-Airport 1,481,290 - 0%9,310,342 -100% ARPA - Concessions 1,121,560 - 0%(280,390) -100% Total Other Revenue 7,667,156 1,408,292 18%15,300,040 -91% Non-Airline Revenue General Aviation 406,000 348,416 86%368,359 -5% Non-Aeronautical Ground Rental 457,315 599,095 131%387,023 55% Aeronautical Ground Rental 1,247,329 1,155,509 93%1,295,939 -11% Parking 6,697,064 5,938,631 89%5,844,773 2% Airport Use Permits 53,263 109,954 206%82,749 33% Non-Airline Terminal Rent Fee 9,998,816 2,832,350 28%2,097,959 35% Rental Car - Overflow Parking 371,809 185,438 50%193,203 -4% Advertising 315,951 501,238 159%423,074 18% On Airport Rental Car 11,944,780 10,572,412 89%11,432,110 -8% Commercial Services Fees 1,099,000 1,112,254 101%1,079,630 3% Ground Transportation Fees 1,195,000 1,295,422 108%1,086,346 19% Customs 336,296 412,372 123%403,187 2% All Other Revenue 1,301,070 2,522,593 194%2,219,696 14% Total Non-Airline Revenue 35,423,694 27,585,681 78%26,914,048 2% Total Operating Revenues 64,090,869 41,818,567 65%50,805,785 -18% 6/13/2024Page 4 of 12 CITY OF PALM SPRINGS PALM SPRINGS INTERNATIONAL AIRPORT Financial Summary Ending May 31, 2024 YTD actual revenue is $8.9M below the prior year because the prior year YTD included: CARES ACT funding of $6M and ARPA funding of $9.3M that will not repeat in the current year or future fiscal years. Adjusting for these two items, revenue is up 18% YTD over the prior year. Note: FY22-23 had $15.3M in revenues from one-time CARES & ARPA grant funds 41,818,567 50,805,785 29,733,976 -18% 71% 1553 0 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 FY 23-24 FY 22-23 FY 20-21 YTD Actual Revenue Total Airline Revenues 31% Total Other Revenue 3% Total Non- Airline Revenue 66% FY 23-24 OPERATING FUND REVENUES BY CATEGORY 6/13/2024Page 5 of 12 CITY OF PALM SPRINGS PALM SPRINGS INTERNATIONAL AIRPORT Financial Summary Ending May 31, 2024 Fund 415 - Airport Operations & Maintenance FY 23-24 Budget FY 23-24 Actual FY 23-24 % Of Budget FY 22-23 Actual FY 22-23 vs FY 23-24 % Change Operating Expenditures Airport Administration 8,155,945 4,836,626 59%4,577,919 6% Airport Information Technology 1,026,206 442,799 43%92,736 Airport Law Enforcement 3,130,981 3,099,105 99%2,918,942 6% Aviation Security 1,936,264 272,234 14%- 0% Airside Operations 5,981,668 4,515,704 75%387,280 1066% Airport Rescue - Fire 4,828,582 3,634,868 75%3,333,328 9% Landside Operations 2,217,250 1,574,403 71%1,436,783 10% Grounds Maintenance 691,680 352,833 51%500,409 -29% Terminal Building Operations 8,270,483 4,075,867 49%6,302,485 -35% Passenger Boarding Bridges 120,000 33,426 28%18,163 84% Baggage Handling System 897,000 363,544 41%344,362 6% Control Center Operations 4,169,247 3,899,295 94%3,315,823 18% U.S. Customs 336,436 291,064 87%275,785 6% Planning & Projects 723,776 120,959 17%- 0% Airport Pass Thru to Others 1,401,950 1,396,342 100%- 0% PERS Cost Recovery 500,000 - 0%- 0% Budget Transfer Out 6,983,634 - 0%- 0% Total Operating Expenditures 51,371,103 28,909,070 56%23,504,014 -23% Surplus / (Deficit)12,719,766 12,909,498 101%27,301,771 -53% 6/13/2024Page 6 of 12 CITY OF PALM SPRINGS PALM SPRINGS INTERNATIONAL AIRPORT Financial Summary Ending May 31, 2024 Airport Administration 17%Airport Law Enforcement Aviation Security 1%Airside Operations 16% Airport Rescue - Fire 13% Landside Operations 5%Grounds Maintenance 1% Terminal Building Operations 14% Control Center Operations 13% U.S. Customs 1% Airport Pass Thru to Others… FY 23-24 OPERATING FUND EXPENDITURES BY DEPARTMENT 28,909,070 23,504,014 19,410,815 23% 21% 751% - 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 FY 23-24 FY 22-23 FY 21-22 YTD Actual Expenditures Salaries & Benefits 57% Contractual Services 17% Utilities 5% Materials & Supplies 8% Insurance 2% Other City Services 11% FY 23-24 OPERATING FUND EXPENDITURES BY CATEGORY 6/13/2024Page 7 of 12 CITY OF PALM SPRINGS PALM SPRINGS INTERNATIONAL AIRPORT Financial Summary Ending May 31, 2024 Fund 416 - Airport Capital Projects FY 23-24 Revised Budget FY 23-24 Actual FY 23-24 % Of Budget FY 22-23 Actual FY 20-23 vs FY 21-24 % Change Operating Revenue 69,701,796 1,316,671 2%2,824,100 -53% Operating Expenditures 90,533,365 5,793,741 6%4,365,246 33% Surplus / (Deficit) (20,831,569) (4,477,070) 21%(1,541,146) 191% (25,000,000) (20,000,000) (15,000,000) (10,000,000) (5,000,000) - 5,000,000 (20,831,569) (4,477,070) (1,541,146) Fund 416 -Airport Capital Projects -Net Balance FY 23-24 Revised Budget FY 23-24 Actual FY 22-23 Actual #REF! 6/13/2024Page 8 of 12 CITY OF PALM SPRINGS PALM SPRINGS INTERNATIONAL AIRPORT Financial Summary Ending May 31, 2024Fund 416 is the airports capital program Revenues Airport Improvement Program (AIP) grants are offered to PSP to provide funding assistance for eligible capital projects that meet the criteria of the federal program. Additional funding is being distributed through AIP grant program by the Bipartisan Infrastructure Law (BIL). These grants have a 9.34% local share and the remaining 90.66% are reimbursed by the FAA. Revenues in excess of the Airport Operations & Maintenance are transferred to fund 416 to cover capital projects. Expenditures The airports Capital Improvement Program and Capital Outlay projects are shown on a separate sheet. Under the new the AULA, the airlines will be charged amortization for certain capital projects to help recover its portion of funds used for capital assets. A capital expenditure is any single item that costs $300,000 or more with a useful life in excess of three years, including planning studies, environmental studies, and environmental mitigation measures. YTD there is a deficit of $4.5M. At the end of the year, fund 415 will transfer the surplus to the capital account to fund the deficit. We expect revenue to be $85M below budget due to the push out of associated capital projects. The corresponding expenses for the pushed out projects will also be deferred to future fiscal years. 6/13/2024Page 9 of 12 CITY OF PALM SPRINGS PALM SPRINGS INTERNATIONAL AIRPORT Financial Summary Ending May 31, 2024 Cash Summary FY 23-24 Actual FY 22-23 Actual Fund 405 47,388,168 37,436,340 Fund 410 2,795,893 2,261,665 Fund 415 Unrestricted Sub-Total 15,053,523 32,375,466 Fund 416 (913,480) 5,547,265 47,388,168 2,795,893 15,053,523 (913,480) 37,436,340 2,261,665 32,375,466 5,547,265 (10,000,000) - 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 Fund 405 Fund 410 Fund 415 Unrestricted Sub-Total Fund 416 Cash by Fund FY 23-24 Actual FY 22-23 Actual 6/13/2024Page 10 of 12 CITY OF PALM SPRINGS PALM SPRINGS INTERNATIONAL AIRPORT Financial Summary Ending May 31, 2024 Grant Type Expiration Date Grant Awarded by the FAA to the Airport Actual Used as of 5/31/24 Remaining Actual Unused Coronavirus Aid, Relief, and Economic Security Act (CARES) - Expires - May 10, 2024 11,067,877 11,067,877 - Coronavirus Response and Relief Supplemental Appropriations (CRRSA)- Airport Operations Expires - April 14, 2025 4,785,805 4,785,805 - Coronavirus Response and Relief Supplemental Appropriations (CRRSA)- Concessions Expires - May 31, 2025 280,390 280,390 - American Rescue Plan Act of 2021 (ARPA) - Concession Expires - May 31, 2025 1,121,560 1,121,560 - American Rescue Plan Act of 2021 (ARPA) - Airport Operations Expires - August 10, 2025 10,791,632 10,791,632 - Bipartisan Infrastructure Law (BIL)* Expires - 2027 15,918,762 - 15,918,762 Total Grants 43,966,026 28,047,264 15,918,762 Note: The BIL grant is allocated to the inbound baggage claim project Coronavirus Aid, Relief, and Economic Security Act (CARES) - Expires - May 10, 2024 Coronavirus Response and Relief Supplementa l Appropriatio ns (CRRSA)- Airport Operations Expires - April 14, 2025 Coronavirus Response and Relief Supplementa l Appropriatio ns (CRRSA)- Concessions Expires - May 31, 2025 American Rescue Plan Act of 2021 (ARPA) - Concession Expires - May 31, 2025 American Rescue Plan Act of 2021 (ARPA) - Airport Operations Expires - August 10, 2025 Bipartisan Infrastructur e Law (BIL)* Expires - 2027 Grant Awarded by the FAA to the Airport 11,067,877 4,785,805 280,390 1,121,560 10,791,632 15,918,762 Actual Used as of 5/31/24 11,067,877 4,785,805 280,390 1,121,560 10,791,632 - Remaining Actual Unused -----15,918,762 $11,067,877.0 $4,785,805.0 $280,390.0 $1,121,560.0 $10,791,632.0 $15,918,762.0 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 $18,000,000 Grants -Remaining Balance 6/13/2024Page 11 of 12 CITY OF PALM SPRINGS PALM SPRINGS INTERNATIONAL AIRPORT Financial Summary Ending May 31, 2024 NO. OF PROJECTS PROJECT NAME BUDGET FY 2021-2022 BUDGET FY 2022-2023 BUDGET FY 2023-2024 BUDGET FY 2024-2025 EXPENSES TO DATE REMAINING FUNDING SOURCE - 1 AIRCRAFT RESCUE & FIREFIGHTING TRUCK - 1,500,000 1,127,610 372,390 Airport 2 AIRFIELD 31L/13R REHABILITATION & AIRFIELD CONNECTOR - (DESIGN)- - - 1,500,000 - 1,500,000 Airport / ACIP Grant 3 AIRFIELD W & A1 - (CONSTRUCT - PHASE 1)- - - 6,500,000 - 6,500,000 Airport / ACIP / BIL-AIG Grant 4 AUTOMATED EXIT LANES - - - 750,000 - 750,000 Airport 5 AUTOMATED VEHICLE IDENTIFICATION 300,000 - - - 276,384 23,616 Airport 6 BHS - TERMINAL BUILDING EXPANSION (CONSTRUCT)- - - 25,000,000 - 25,000,000 PFC 7 CARPET REPLACEMENT - MAIN TERMINAL LOBBY AND SECURITY CHECK POINT - - 400,000 - - 400,000 Airport 8 COMMON USE 225,860 2,777,514 - - 2,207,957 795,418 Airport 9 CONSOLIDATED RENTAL CAR FACILITY (DESIGN)- - - 2,500,000 - 2,500,000 CFC 10 CONVEYANCE REPLACEMENT - - - 4,700,000 - 4,700,000 Airport / BIL-ATP Grant 11 ECONOMY LOT (CONSTRUCT) - PHASE 1 - - - 3,000,000 30,677 2,969,323 Airport 12 ECONOMY LOT (CONSTRUCT) - PHASE 2 - - - 3,000,000 - 3,000,000 Airport 13 ELECTRIC VEHICLE (EV) CHARGERS - - 300,000 - 295,708 4,292 Airport/ACIP 14 FEDERAL INSPECTION STATION - (DESIGN) & NEW TERMINAL EXPANSION - - - 19,000,000 120,878 18,879,122 Airport / BIL - Entitlement Grant 15 GATE STRIPING - - 599,900 - 599,900 - Airport 16 HOT SPOT STUDY - - 181,320 - 53,283 128,037 Airport/ACIP 17 HVAC INFRASTRUCTURE REPLACEMENT - - - 2,000,000 6,209 1,993,791 Airport / BIL-ATP Grant 18 INBOUND BAGGAGE CLAIM - - 6,000,000 12,000,000 505,992 17,494,008 Airport/BIL-ATP Grant 19 LED RIBBON - - - - (3,000) 3,000 Airport 20 LOT A (CONSTRUCT) - - - 700,000 - 700,000 Airport 21 MAIN TERMINAL FAÇADE RESTORATION (DESIGN)- - - 500,000 - 500,000 Airport 22 MASTER PLAN - - 2,275,816 - 931,540 1,344,276 Airport/ACIP 23 OUTBOUND BAGGAGE HANDLING SYSTEM - - 20,000,000 10,000,000 646,762 29,353,238 Airport/ACIP/PFC 24 PAINT STRIPING TRUCK - - 1,000,000 - - 1,000,000 Airport 25 PARKING REVENUE SYSTEM - - 500,000 - - 500,000 Airport 26 PRIOR YEAR PROJECTS 29,205,802 - - - - 29,205,802 27 PROCURE LANDSIDE VEHICLES - - 210,000 - 67,772 142,228 Airport / VALE/ZEV Grant 28 PROCURE TWO ZERO EMISSIONS BUSES - - - 2,000,000 - 2,000,000 Airport / VALE/ZEV Grant 29 PROPERTY ACQUISITION - - 8,800,000 - - 8,800,000 CFC 30 PUBLIC PARKING PAVING - - 2,400,000 - 4,604 2,395,396 Airport 31 PUBLIC RESTROOMS - - 10,000,000 - 89,817 9,910,183 Airport/BIL-ATP Grant 32 REMAIN OVER NIGHT (RON) PARKING SPACES - - - 4,000,000 - 4,000,000 Airport / ACIP Grant 33 SHADE AREA - PHASE 1 - - 236,000 - 148,209 87,791 Airport / VGPS Grant 34 SOLID SEPARATOR - - 100,000 - - 100,000 Airport 35 TAXIWAY REHABILIATION W & A1 - - 571,158 - 88,644 482,515 Airport/ACIP 36 TELEHANDLER/FORKLIFT - - 150,000 - 373,469 (223,469) Airport 37 VERBIAGE MESSAGE SIGNAGE - DIGITAL - - 800,000 - - 800,000 Airport 38 WI-FI CONSULTANT (DESIGN)- - 150,000 - - 150,000 Airport 39 WIFI WIRELESS EQUIPMENT - - 500,000 - 405,933 94,067 Airport 40 WILDLIFE HAZARD ASSESSEMENT - - 126,924 - 41,557 85,367 Airport/ACIP 42 Z-SAFETY MANAGEMENT SYSTEMS CONSULTANT 71,961 - Airport TOTAL 29,731,662 2,777,514 53,724,194 98,650,000 7,700,245 177,310,956 6/13/2024Page 12 of 12 CITY COUNCIL STAFF REPORT DATE: April 21, 2022 CONSENT CALENDAR SUBJECT: ADOPTION OF ELECTRONIC SYSTEMS AND RECORDS POLICIES FROM: Justin Clifton, City Manager BY: Jeffrey S. Ballinger, City Attorney SUMMARY: The City Council was asked to review and provide input on various City policies governing the use of electronic devices, social media, and electronic records. Specifically, the following policies have been drafted, with input from the City’s IT, City Clerk, City Attorney, City Manager and Human Resources Departments: •Electronic Systems Use Policy •California Public Records Act Policy •San Jose Compliance Policy •Electronic Records Retention Policy •Social Media Use Policy Following City Council input at its November 4, 2021 meeting, the City sought input from the City’s labor units regarding these proposed policies and is now bringing these policies back for formal adoption. RECOMMENDATION: By motion, approve and adopt the proposed Electronic Systems Use Policy, California Public Records Act Policy, San Jose Compliance Policy, Electronic Records Retention Policy, and Social Media Use Policy. BACKGROUND: As the use of electronic systems, records and social media has grown over the years, it has become necessary to adopt and implement policies for City staff, appointees, and elected officials to handle these systems, records, and media. Many of these policies are already being implemented by various City departments and personnel. However, it is best to memorialize these policies into written form, so that they can be implemented more uniformly throughout the City organization. This staff report summarizes some of the key elements of each of the proposed policies. Item 8.K City Council Staff Report – April 21, 2022 Electronic Systems and Policies Page 2 Electronic Systems Use Policy The purpose of this policy is to provide direction regarding the authorized use of the City of Palm Springs electronic systems. This includes City e-mail, web collaboration, remote access, Internet, social networking, voicemail, video teleconferencing, fax, storage media (including the “cloud”), electronic bulletin boards, television, electronic subscription services, electronic documents and other forms of electronic communication maintained and operated by the City. This policy establishes certain protocols, such as limiting the City’s electronic systems to official City business only (i.e., not personal activities). The policy does allow for limited personal use, such as during meal and rest periods if such use does not interfere with the duties of the employee or the operations of the department and does not result in personal profit or gain. The Electronic Systems Use Policy also establishes protocols for ensuring that usernames and passwords are properly established, used, and protected. This policy also outlines several prohibited uses of City electronic systems, such as: • Messages in support or opposition to campaigns for candidates for an elected office or a ballot measure. • Unlawful activities. • Threats of violence or injury to any person, property, or organization. • Harassment. • Access to, or communication of, material or graphic images which are abusive, threatening, obscene or profane, sexually explicit, sexually suggestive, or disrespectful. • Use while driving, except for Police and Fire personnel when such use is authorized pursuant to state law or department policy. • Downloading files from the Internet such as games, programs, music, videos, pod casts, and screen savers are prohibited. Finally, the Electronic Systems Use Policy provides for training of new employees as well as ongoing periodic training for existing employees. California Public Records Act Policy The purpose of the proposed Public Records Act Policy is to provide direction on how to receive, process, and respond to requests to inspect or receive copies of City records. The policy provides that all such requests will be handled pursuant to the provisions of the California Public Records Act (“PRA”), California Government Code 6250 et seq. This policy applies to all City employees, appointees, and elected officials. In accordance with the PRA, this policy deals with all sorts of City records, including any Item 1K - 2 City Council Staff Report – April 21, 2022 Electronic Systems and Policies Page 3 typewriting, printing, photostating, photographing, photocopying, electronic mail or facsimile, and every other means of recording, regardless of the manner in which the record has been stored. The policy recognizes the public’s fundamental right to copy and inspect public records. The Public Record Act Policy then describes the process for the public to make a PRA request, and how the City will process that request. Any member of the public may make a PRA request. The City will not require the requester’s name or purpose of the request, but the City may request the requester’s contact information in order to transmit the requested records. Any request (verbal or written) to review a record qualifies as a PRA request. Once the City receives a PRA request, City personnel will stamp the PRA request with the date received. All PRA requests will be forwarded to the applicable City department. Any PRA request involving members of the City Council are also to be forwarded to the City Attorney and City Manager. If the request does not reasonably identify a City record, the City will make every effort to assist the requester in making a focused and effective request. The City will gather the records, including by complying with the San Jose Compliance Policy, discussed below. Because the PRA only applies to existing records, the City personnel will not create a new record in response to a PRA request, without supervisor approval. The City Attorney must be consulted in these instances. The City is required to respond to records requests promptly, but at least ten (10) calendar days after receipt of the request. Note, the City is not required to produce documents within 10 calendar days, but the City must respond to the requestor, indicating that either the City has no responsive records, by providing the disclosable records, or informing the requestor that the City will need a reasonable time to locate and prepare the records for release. The City may provide the records electronically or in hard copy. If the records are produced in hard copy format, the City may charge a fee that represents the reasonably estimated cost of duplicating the records. The PRA Policy recognizes certain exemptions that the PRA establishes, for example, for personnel-related records, pending litigation/attorney-client privileged records, or the “catch-all” exemption, i.e., if the City can demonstrate that on the facts of the particular case the public interest served by non-disclosure clearly outweighs the public interest served by disclosure. As with the other policies, the PRA Policy provides for training for new hires as well as ongoing periodic training for existing employees. Item 1K - 3 City Council Staff Report – April 21, 2022 Electronic Systems and Policies Page 4 San Jose Compliance Policy The purpose of the proposed San Jose Compliance Policy is to provide direction regarding the use of private electronic devices and accounts for City business and responding to PRA requests for records on such devices or accounts. Specifically, this policy is adopted in light of the City of San Jose v. Superior Court (2017) 2 Cal.5th 608 case, in which the California Supreme Court held that communications related to the conduct of City business do not cease to be public records simply because they were sent or received using a personal device or account. The San Jose Policy applies to all City employees, appointees, and elected officials. As with the PRA policy, above, this policy broadly applies to all possible records, including emails and text messages. While the San Jose Policy does not prohibit the use of private devices for City business, the policy does discourage it. In order to assist in carrying out the San Jose decision, this policy provides that City board members/commissioners will be provided with a City-issued email account for their use in conducting City business. If a PRA request either explicitly seeks documents on private devices/accounts or can be reasonably interpreted as such, the City Clerk will promptly communicate the request to the relevant City personnel who may reasonably be in possession of responsive records. This could include City employees, City appointees (such as City board members/ commissioners), and elected officials. These individuals must conduct a reasonable search for responsive records, which may include a search of their personal devices or accounts. Whether a particular record “relates to City business” involves an examination of several factors, including: the content itself; the context in, or purpose for which, it was written; the audience to whom it was directed; and whether the writing was prepared by an employee acting or purporting to act within the scope of his or her employment. Communications that are primarily personal, containing no more than incidental mentions of City business, generally will not constitute public records under the San Jose Policy. City personnel will provide responsive public records to the City Clerk. These records are still subject to review and redactions for PRA exemptions before production. City personnel must provide responsive public records to the City Clerk regardless of the potential exemptions since the City Clerk and City Attorney will review the records for such exemptions. Non-public records need not be provided to the City Clerk. In the event that City personnel makes a decision to withhold any otherwise responsive records that do not qualify as public records, he/she must submit a statement with facts sufficient to show the record is not related to City business. Item 1K - 4 City Council Staff Report – April 21, 2022 Electronic Systems and Policies Page 5 The City Clerk, in consultation with the City Attorney, will determine whether a particular record, or any portion of that record, is exempt from disclosure. Again, training will be provided for the San Jose Policy, both upon commencement of employment and on an ongoing basis. Electronic Records Retention Policy The purpose of this policy is to provide direction regarding the retention of electronic records that are prepared, owned, used, or retained by the City that pertain to the City’s business and are maintained on electronic devices. This proposed policy applies to City employees, appointed officials, and elected officials. Electronic records is defined broadly to include any typewriting, printing, photostating, photographing, photocopying, electronic mail or facsimile, and every other means of recording, when maintained on electronic devices. Under the proposed Electronic Records Retention Policy, all electronic records are to be retained pursuant to applicable laws, regulations, including the City’s Records Retention Schedule. All electronic records sent or received by the City, regardless of its content, will be automatically saved by the email system for two (2) years. After two years and one day, all electronic records will be deleted, unless retained pursuant to the proposed Policy. Electronic records subject to a retention period longer than two years, as determined by the content of the electronic record (i.e., if the City’s Records Retention Policy calls for a longer retention period), must be retained, in such a way that does not permit additions, deletions, or changes to the original record, and without creating a duplicate of the record, including the preservation of metadata, if applicable. City personnel may also retain electronic records for longer than two years if the record has significant business or historic value. Electronic records are not to be automatically retained for longer than the legally required retention period for the general convenience of City personnel. In addition, at the request of the City Attorney or City Clerk, holds may be placed on electronic records, suspending the automatic deletion of specific email accounts or emails that meet a specific search criteria. For instance, if the City receives a “litigation hold” notification, notifying the City that the City may possess records that are likely to become the subject of litigation, a hold may be placed on those records. City personnel with knowledge of a potential hold requirement are required under the proposed policy to immediately notify the City Clerk. Emails may also be preserved longer than two years by the City Manager, City Attorney, and Department Heads. Item 1K - 5 City Council Staff Report – April 21, 2022 Electronic Systems and Policies Page 6 City personnel are required to consider the significance of an email’s attachments and retain the attachments in accordance with the proposed policy. As with the other proposed policies, this policy provides for training, upon commencement of employment and on an ongoing basis. Social Media Use Policy The purpose of this policy is to provide direction regarding the use of social media by City personnel, including to disseminate information from the City to members of the public concerning the City’s missions, goals, meetings, activities, and current events. A portion of this policy is intended to implement a new law (AB 992) and applies only to members of the City’s legislative bodies, as discussed below. This Social Media Use Policy establishes the City’s website (http://www.palmspringsca.gov) as the primary means of online communication with the public. However, the policy recognizes that there are other social media that the City may use, including Facebook, Twitter, Blogs, RSS, YouTube, LinkedIn, Nextdoor, and Flickr. Under the proposed policy, City social media sites should bear the name and/or official logo of the City, contact information including a City email address, and a link to the official City website. City social media sites are also required clearly state that such sites are maintained by the City, are the official City social media account, and are governed by this Policy. The establishment of City social media sites is subject to approval by the City Manager. The City Manager is required to monitor content on City social media sites to ensure adherence to the proposed Social Media Policy. Moreover, the policy states that City social media sites supplement, and do not replace, the City’s legally required notices and standard communications. The Social Media Policy contains guidelines for both City personnel as well as the public. Some of the guidelines for City personnel include the following: • Only City personnel authorized by the City Manager may post on the City’s social media sites. • Content posted by City personnel should pertain to City business. • Content posted to the City’s social media sites must contain hyperlinks directing users back to the City's official website for forms, documents, or online services necessary to conduct business with the City, whenever possible. • The City must have full permission or rights to any original content posted by the City, including photographs and videos. • City personnel posting on a City social media site are required to review, be familiar with, and comply with the terms of use of the social media site’s use Item 1K - 6 City Council Staff Report – April 21, 2022 Electronic Systems and Policies Page 7 policies and terms and conditions and have signed an acknowledgement of this Policy. • All City personnel posting on City social media sites must conduct themselves at all times as a professional representative of the City. City personnel posting on a City social media site are not to express his/her own personal views or concerns through such postings. • Postings on any City social media site must only reflect the views of the City. Some of the notable guidelines for members of the public include the right of the City to delete any third-party content, including any posts, if the content is any of the following: • Not topically related to a particular posting that is the subject of comment in relation to the posting in question. • In support of, or opposition to, political campaigns, candidates or ballot measures, or a link to such content. • Profane, obscene, abusive, harassing, threatening or defamatory content. • Promotes, fosters, or perpetuates discrimination on the basis of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition as well as any other category protected by federal, state, or local laws. • Sexual content or links to sexual content. • Solicitations of commerce or financial contributions. • Conduct or encouragement of illegal activity. • Information that may tend to compromise the health, safety, or security of the public or public systems. • Content that violates a legal interest or right of any other party. • Threats of violence or injury to any person, property, or organization. • Content intended to collect or post private information and data without disclosure. Under the Social Media Policy, third-party content may only be deleted if approved by the City Manager. The City Attorney is to be consulted before third-party content is deleted. The City will retain a complete copy of any posting removed and document the time, date, and identity of the poster. The records will be retained for two years. In addition, the City reserves the right to report violations of a third-party site’s terms of use, or to law enforcement when necessary. The proposed Social Media Policy also addresses a new State law, Assembly Bill 992, which authorizes members of a legislative body to use social media to communicate with the public, subject to statutory exceptions. Item 1K - 7 City Council Staff Report – April 21, 2022 Electronic Systems and Policies Page 8 Under this portion of the policy, applicable to members of the City Council and the City’s various commissions, members of the Council and such commission may engage in separate conversations or communicate on social media platforms to answer questions, provide information to the public, or solicit information from the public regarding City business. However, a member of the City Council or a City commission may not do either of the following on a social media platform: • Discussion by a majority: Discuss City business with a majority of members of the same legislative body. That includes communicating, posting, sharing, commenting, or using digital icons (i.e., a thumbs up or an emoji); and • Direct Responses: Respond directly to another member’s communication, comment, or post if the two are on the same legislative body of the City and the topic concerns City business. Finally, the proposed Social Media Policy addresses the issue of how a public official’s otherwise private social media account might turn into a public forum. This issue has been addressed in several recent court rulings, most notably Knight First Amendment Inst. at Columbia Univ. v. Trump, No. 1:17-cv-5205 (S.D.N.Y.), No. 18-1691 (2d Cir.), No. 20-197 (S. Ct.), in which a federal Court of Appeal ruled that the former President’s otherwise private Twitter account became a public forum. Because the Twitter account was a public forum, the President was forbidden from blocking third-party users and deleting their comments from that account. Although that specific case was directed by the U.S. Supreme Court to be dismissed as moot, there are other similar cases around the country, and this policy addresses the issue. Specifically, the proposed policy points out that, in determining whether a private social media page has become a public forum, courts have examined factors including: • How the City personnel is referenced on the site (i.e., is he or she referenced as “Mayor” or “Commission Chair”, or simply “Jane Doe”?) • How the page is titled (i.e., is the account registered as a governmental account or a private account?) • How the City personnel “invites” users to use the page (i.e., in cases in which the account was deemed a public one, the city personnel solicited the public’s opinion on city matters) • Whether the City personnel is “transacting” City matters on the site (i.e., posting about matters before the City) • Whether City employees help maintain and operate the site. • Whether the City personnel uses the site to engage directly with the public (i.e., replying to constituent comments regarding City business) Item 1K - 8 City Council Staff Report – April 21, 2022 Electronic Systems and Policies Page 9 Whether an account is private or public is fact-specific and depends on the totality of the circumstances. If there are reasons to believe that a City personnel’s private social media page has turned into a public forum, the proposed Social Media Policy dictates that City personnel should refrain from blocking members of the public from the page or deleting comments with which they disagree. As with the other policies, the proposed Social Media Policy provides for training. ENVIRONMENTAL ASSESSMENT: This action is exempt from further review under the California Environmental Quality act (CEQA) as it can be seen with certainty that this action will not have any reasonably foreseeable impact on the environment. ALIGNMENT WITH STRATEGIC PLANNING: The adoption of these policies aligns with the following strategic plan themes, principles, and goals: • Optimize basic services and facilities. These policies are some of the foundational policies for any governmental organization that is operating in the digital age. • Good Governance/ Create Training Programs. These policies provide for training of City officials and employees, on the use of electronic systems and records. • Good Governance/ Expand communication staff. These policies will assist the City’s communication staff in providing information to, and participation by, Palm Springs residents, businesses, and visitors. FISCAL IMPACT: There are not likely to be any significant fiscal impacts to the City as a result of adopting and implementing the proposed policies. REVIEWED BY: Interim City Clerk: Monique M. Lomeli City Attorney: Jeffrey S. Ballinger City Manager: Justin Clifton ATTACHMENTS: 1. Electronics Systems Use Policy 2. California Public Records Act Policy 3. San Jose Compliance Policy 4. Electronic Records Retention Policy 5. Social Media Use Policy Item 1K - 9 55575.18115\34008737.2 1 Electronic Systems Use Policy ARTICLE I. PURPOSE The purpose of this policy is to provide direction regarding the authorized use of the City of Palm Springs’ (“City”) electronic systems. ARTICLE II. DEFINITIONS Section 2.1 Definitions A.“User/City personnel” shall collectively refer to all City employees, elected officials, appointed officials, consultants, as well as volunteers and other non-employees who use any of the City’s electronic systems. B.“Electronic Systems” include, but are not necessarily limited to, the following: e-mail, web collaboration, remote access, Internet, social networking, voice-mail, video teleconferencing, fax, storage media (including the “cloud”), electronic bulletin boards, television, electronic subscription services, electronic documents and any other forms of electronic communication maintained and operated by the City. The City’s electronic system also includes City networks, including but not limited to its computer servers, networks, local area networks or file sharing systems owned or made available by the City. C.“IT” shall refer to the City’s Information Technology Department. Section 2.2 General Scope This policy applies to all City personnel and shall be interpreted to be consistent with other City-wide policies and the law. ARTICLE III. POLICY & PROCEDURES Section 3.1 General Guidelines A.City personnel shall use the City’s electronic systems in such a way that efficiently and effectively conducts the City’s business, provides quality customer service, and maintains network integrity and security. B.Users have no right to privacy in the City’s electronic systems including emails, text messages, and internet usage. The City may revoke a User’s access to any electronic systems at any time. C.All of the City’s electronic systems, and information relating to or transmitted by them, are City property. The City reserves the right to monitor, retrieve, and use of any and all information on the City’s electronic systems. Item 1K - 10 55575.18115\34008737.2 2 D. Unless otherwise stated in City policy, the use of all City electronic systems is restricted to official City business. 1. City personnel may use the City’s electronic systems for limited personal use during meal and rest periods, if such use does not interfere with the duties of the employee or the operations of the department, and does not result in personal profit or gain. 2. City personnel may not engage in any of the City’s electronic system’s Prohibited Uses during personal use. 3. Users shall reimburse the City for personal use of City electronic systems if any charge or fee is incurred from or related to personal use. 4. City personnel are advised that records related to his/her personal use may be subject to public disclosure. E. City personnel shall use the City’s electronic systems in the manner intended and make best efforts to maintain the electronic systems in their optimal working condition. Users shall adhere to IT maintenance schedules and instructions. F. City personnel shall use the most appropriate confidential communication method to transmit sensitive information. City personnel shall consult with IT to ensure the appropriate communication method is used for sensitive information. G. City personnel, acting with City Manager and/or Department Head approval, may utilize remote access tools (e.g., VPN) to access City electronic systems. Remote access can only be obtained via City- approved client software that is issued and distributed by IT. H. Personally-owned computing devices including smartphones, tablets, laptops, music devices, and storage devices may not be connected to a City electronic system without prior approval and authorization by IT. Section 3.2 Usernames and Passwords It is the responsibility of the User to protect the confidentiality of his/her account and password information and immediately report any breach to IT. City personnel will be assigned a unique user account and will set their own password subject to the City’s password requirements defined in the next paragraph. City personnel are solely responsible for all actions taken while using their user account. City personnel shall lock their computer when leaving their workstation unattended. Computers that are inactive for fifteen (15) minutes shall be automatically locked. Item 1K - 11 55575.18115\34008737.2 3 Passwords are considered confidential and should not be disclosed without the consent of the IT Director and only when no other means can suffice. Users shall create complex passwords that adhere to the following guidelines: • They shall not be based on the user’s account name; • They must contain at least eight characters, and; • They must contain characters from three of the following four categories: • Uppercase alphabetic characters (A-Z) • Lowercase alphabetic characters (a-z) • Numbers (0-9) • Non-alphabetic characters (!@#$%^) Passwords shall expire every ninety (90) days. The system will save the last five passwords used to prevent employees from using a recent password. Passwords shall not be left written down in any area within the City’s facilities where they can be easily accessed. If a password is written down on a piece of paper it must be shredded immediately after its use. Logging on and/or using another User’s account is prohibited. Section 3.3 Prohibited Uses The use of City electronic systems for activities prohibited by this policy include, but are not limited to, the following: A. Messages in support or opposition to campaigns for candidates for an elected office or a ballot measure; B. Messages promoting or opposing religious beliefs; C. Unlawful activities; D. Unauthorized access to systems, software or data; E. Threats of violence or injury to any person, property or organization; F. Harassment; G. Defamation; H. Access to, or communication of, material or graphic images which are abusive, threatening, obscene or profane, sexually explicit, sexually suggestive, or disrespectful; Item 1K - 12 55575.18115\34008737.2 4 I. Use while driving;1; J. Unreasonable use of personal electronic equipment simultaneous with City electronic systems that interferes with the duties of Users and/or the operations of the department; K. Installation of personal software (either purchased or downloaded from the Internet) or equipment without prior approval of the City Manager or designee; L. Misrepresentation under any circumstances of an employee’s true identity, including forging email messages or any other form of communication; M. Unauthorized access to any electronic system, unauthorized access to others’ files or vandalizing the data of another user; N. Any action intended to accomplish or assist in unauthorized access to electronic systems including attempts to access information protected by privacy laws; O. Sabotage, including intentionally disrupting network traffic, crashing the network, or intentionally introducing a computer virus; P. Transmittal of unauthorized broadcast communications or solicitations, such as mass e-mail transmittals; Q. Any action that causes the City to incur a fee or cost for which there has not been prior approval; R. Membership in interactive sites such as user groups, news groups, forums, chat rooms, blogs or bulletin boards using City-owned electronic systems without prior approval from the City Manager or his/her designee; S. Any attempts to probe, scan or test the vulnerability of internal or external systems or networks or to breach security or authentication measures without express authorization; T. Downloading files from the Internet such as games, programs, music, videos, pod casts, and screen savers are prohibited; U. Use of a security code or password other than as authorized; V. Disclosing your username and password; 1 An exception to the prohibition against use while driving exists as to use by Police and Fire personnel when such use is authorized pursuant to state law or department policy. Item 1K - 13 55575.18115\34008737.2 5 W. Messages used to send or receive copyrighted material, proprietary financial information or similar materials (unless transmission of such material is directly related to City business); and X. Forwarding messages from a City account to a non-governmental account(s) for the purpose of creating a personal e-mail archive of any record related to City business. Section 3.4 Emails A. City personnel shall notify IT if multiple spam emails are received from the same Web address. B. City personnel are provided access to email but such access is not authorization for employees to work outside of regularly scheduled work hours without receiving prior approval. Section 3.5 Separated Users Upon the separation of a User, the Human Resources Department shall notify the IT Department prior to the person’s final day of work. The User’s access to IT systems shall be disabled at close-of-business on the individual’s final day on the job. In cases where the Users is terminated without notice, IT shall be notified immediately so that access to City IT systems can be blocked. Section 3.6 Hardware / Software Purchases, Licensing and Installation A. All computer software and hardware purchases and installation must be coordinated through IT in order to assure that it meets standards that are compatible and supported by the current network infrastructure. B. Equipment and software must be purchased from reputable, vendor- authorized resellers who can provide maintenance, warranty coverage or technical support services, and certified licensed software. C. All hardware and software installations and upgrades on City workstations must be performed by authorized personnel. Users may not install, relocate, or upgrade workstation hardware or software without the authorization from IT. D. All software used on the City network must be legally licensed by the City and approved by IT. E. No software may be downloaded or installed without the prior authorization and installation by the IT. Item 1K - 14 55575.18115\34008737.2 6 F. City personnel shall abide by the terms of license agreements. City personnel shall not duplicate, modify, or manipulate software licensed by the City. Software held by the City under a license agreement may not be supplied to an outside party unless the license agreement permits such use. G. City personnel are not authorized to install personally owned copies of software on City workstations. Use of commercial software not licensed by the City, but licensed to a User, may not be used on a City owned computer. H. Users shall not disable virus protection software and shall notify IT of any virus detection messages they receive on their system. I. Users must report suspected information security incidents immediately to IT. All suspected intrusions of the City network by unauthorized employees or other individuals are to be reported to the IT immediately. Section 3.7 Security Awareness and Education A. All City personnel will be required to take periodic security training. In addition to training, the City’s security awareness and education program will include unscheduled awareness assessments to assure compliance with the training. New employees should undergo training upon hire. Completion of the training shall be documented and maintained in employees’ personnel files. ARTICLE IV. VIOLATIONS Violation of this policy may result in disciplinary action, up to and including termination of employment. Item 1K - 15 55575.18115\34008737.2 7 Attachments: Attachment A – Acknowledgement of Electronic Systems Use Policy Item 1K - 16 55575.18115\34008737.2 8 ATTACHMENT A Acknowledgement of Electronic Systems Use Policy Item 1K - 17 55575.18115\34008737.2 9 Acknowledgement of Electronic Systems Use Policy I hereby acknowledge receipt of a copy of the City of Palm Springs’ Electronic Systems Use Policy, and also represent and warrant that I have carefully reviewed and understand the policy. I have received answers to any questions that I may have had about said policy’s applicability to my work for the City, and hereby agree to abide by said policies. In executing this acknowledgment, I warrant and understand that (a) I have no expectation of privacy regarding any aspect of my use of any component of the City’s electronic systems as that term is used in this policy; (b) I understand that the City reserves the right to access, audit, and disclose, for whatever reason or purpose, all communications and activity on the City’s electronic systems; and (c) I understand that any violation of this policy could lead to disciplinary action against me. Employee Name: Employee Signature: Department: Date: This form shall be retained in Human Resources Department files. Item 1K - 18 55575.18115\34008738.2 1 California Public Records Act Policy ARTICLE I. PURPOSE The purpose of this policy is to provide direction on how to receive, process, and respond to requests to inspect or receive copies of City of Palm Springs (“City”) records. All requests for City records will be handled pursuant to the provisions of the California Public Records Act (“PRA”). ARTICLE II. DEFINITIONS Section 2.1 Definitions A. “City personnel” shall collectively refer to all City employees, elected officials, appointed officials, consultants, as well as volunteers and other non-employees who prepare, own, use, or retain public records on behalf of the City. B. “Public record” is defined by the PRA and includes any writing that contains information relating to the conduct of the public’s business prepared, owned, used or retained by the City regardless of physical form or characteristics, and regardless of whether created or transmitted on or by a City-owned device. C. “PRA Coordinator” is the person or team designated by the applicable City department to manage PRA requests. D. “Writing” shall mean any typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and any record thereby created, regardless of the manner in which the record has been stored. Section 2.2 General Scope This policy applies to all City personnel and shall be interpreted to be consistent with other City-wide policies and the law. ARTICLE III. POLICY & PROCEDURES Section 3.1 Policy and Procedures The public has a fundamental right to copy and inspect public records. It is imperative for City personnel to properly gather responsive records, review the records for privileged or exempt information, and produce responsive disclosable documents in a timely manner. All City personnel are tasked with prioritizing PRA requests as reasonably permitted by their job duties. The PRA Coordinator is responsible for Item 1K - 19 55575.18115\34008738.2 2 gathering responsive records and responding to the requester. However, it is the responsibility of all City personnel to assist in producing and, when necessary, redacting responsive records. Section 3.2 The PRA Request A. Any member of the public may make a records request. The City cannot require the requester’s name or purpose of the request, but may request the requester’s contact information in order to transmit the requested records. Anonymous requests or fictitious names are permitted. If the requester refuses to give his/her contact information, City personnel shall set a date within 10 calendar days for the requester to check on the status of the request. B. Any request (verbal or written) to review a record qualifies as a PRA request. The requester is not required to cite to the PRA or file a written request with the City Clerk’s office. i. If City personnel receives a verbal request, he/she may ask but not require the person to put the request in writing. If the person does not put the request in writing, City personnel shall document the request to the best of his/her ability. ii. While any records request may qualify as a PRA request, the request may be made pursuant to a different body of law with unique requirements. Note that the requester could have a statutory right to the records that is outside the PRA (i.e., employee’s request to review his/her personnel file; a request for a Statement of Economic Interest (FPPC Form 700); a request for copies of certified payroll records; etc.). C. Once the City receives a PRA request, City personnel shall stamp the PRA request with the date received. The date received is the date the City learns of the PRA request (i.e., opens the email or opens the mail). City personnel shall mark the PRA request with the appropriate reference number. D. All PRA requests shall be forwarded to the department’s PRA Coordinator. i. The PRA Coordinator for requests involving department heads, media, or emails is the City Clerk. ii. Any PRA request involving members of the City Council should also be forwarded to the City Attorney and City Manager. E. If the request does not reasonably identify a City record, the PRA Coordinator shall make every effort to assist the requester in making a Item 1K - 20 55575.18115\34008738.2 3 focused and effective request. The PRA Coordinator shall document their efforts to: i. Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated. ii. Describe the information technology and physical location in which the records exist. iii. Provide suggestions for overcoming any practical basis for denying access to the records or information sought. F. Modified requests should be documented in response letters to the requester, per Section 3.3.B. Section 3.3 Gathering Responsive Records A. The PRA Coordinator shall immediately notify City personnel most likely to have responsive records (i.e., requests for planning documents should go to the Planning Department). i. It is the responsibility of all City personnel to assist in gathering responsive records. After learning of a relevant PRA request, City personnel shall produce responsive records to the PRA Coordinator as expeditiously as possible. ii. When determining whether a record is responsive, City personnel shall consider if a reasonable person would interpret the request to include a particular document. iii. City personnel shall gather responsive records held on private devices or accounts. See San Jose Compliance Policy. B. The PRA Coordinator shall gather all responsive records, including privileged documents. These unredacted documents shall be retained for at least two years after the date of final production. C. City personnel shall not create a record in response to a PRA request that does not otherwise exist, without supervisor approval. The City Attorney shall be consulted in these instances. i. PRA requests that seek documents yet to be created (i.e., future City Council agendas) should be denied. Section 3.4 Response timelines Item 1K - 21 55575.18115\34008738.2 4 A. The City is required to respond to records requests promptly, but at least ten (10) calendar days after receipt of the request. If the tenth day falls on a weekend or a holiday, the due date is the next business day. For example, if the City receives a request on February 1, then the tenth day is February 11. If February 11 is a Saturday, then the response is due on Monday, February 13. B. Note, the City is not required to produce documents within 10 calendar days, but the PRA Coordinator must respond to the requester in writing with most applicable option below: i. Inform the requester that the City has no responsive records. ii. Produce non-exempt, responsive records, noting any redactions or withheld records and citing the appropriate exemptions. See Section 3.5 below. iii. Inform the requester that the City has responsive records and set a reasonable date in the future for production. The documents may be produced at one time or on a rolling basis. Consult your supervisor about the timing of the production depending on the complexity of the response. a. If the records need to be produced on a rolling basis, establish a production schedule and share the schedule with the requester. b. Every effort shall be made to produce at least one responsive record to the requester within 10 calendar days. iv. Inform the requester that the City is taking an extension of 14 calendar days to determine whether it has responsive records. The City does not need to request the extension, but may take the extension as matter of right. a. This extension must be made pursuant to Government Code section 6253, subdivision (c)(1)-(4), citing one or more of the following reasons: (i) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. (ii) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. Item 1K - 22 55575.18115\34008738.2 5 (iii) The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein. (iv) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data. b. After the 14 day deadline, the City must respond pursuant to Sections 3.4.B.i-iii above. Section 3.5 Producing the records A. City staff may email responsive records to the requester or use file sharing to produce the records. The requester shall not be charged for production of electronic records pursuant to this subdivision (A). B. When producing hard copies, the City may charge fees in accordance with the City’s most recently adopted Comprehensive Fee Schedule. i. City personnel shall receive payment before making a significant number of copies. City personnel shall estimate the charge for the copies and inform the requester that the City will refund any overages. ii. City staff may not charge the requester for the time collecting or processing the records and may only charge for the direct cost of duplicating the records. a. Exceptions may be made when the request requires data compilation, extraction, or programming or the City would be required to produce a copy of an electronic record and the record is one that is produced only at otherwise regularly scheduled intervals. Consult with the City Attorney in these instances. Section 3.6 Exemptions A. City personnel shall only redact the specific portion of the record that is exempt. Redactions should not only black out the information but also delete any embedded hyperlinks. B. Information contained in a record that is non-responsive to the PRA request shall not be redacted. Only information that is subject to an exemption may be redacted. Item 1K - 23 55575.18115\34008738.2 6 C. Responsive records shall be reviewed to assess whether: 1.) the responsive records are public record and 2.) an exemption applies. Non- public records may be records that are primarily personal, containing no more than incidental mentions of agency business. Non-public records are not subject to the PRA and are not required to be disclosed for a PRA request. D. Common exemptions: i. The “Catch-All” Exemption. Information or documents may be withheld if the City can demonstrate that on the facts of the particular case the public interest served by non-disclosure clearly outweighs the public interest served by disclosure. (Gov. Code, § 6255.) a. If the City applies this exemption, the response letter must list the name and title of the person responsible for claim of exemption. ii. Personnel, Medical or Similar Files (Gov. Code, § 6254(c)) iii. Public Employee home addresses, home telephone numbers, personal cell phone numbers, and birth dates (Gov. Code, § 6254.3) iv. Law Enforcement Investigative Records (Gov. Code, § 6254(f)) v. Pending Litigation (Gov. Code, § 6254(b)) vi. Voter Information (Gov. Code, § 6254.4) vii. Tax Payer Information (Gov. Code, § 6254(i)) viii. Law Enforcement Personnel Records (Penal Code §832.7) ix. Attorney-Client Privileged Communications or Attorney Work Product. (Evid. Code, § 954 et seq.; Code Civ. Proc., § 2018.030) x. Trade Secrets (Civ Code, § 3426.1(d)) Section 3.7 Training A. All City personnel shall receive periodic training on this policy. New employees should undergo training upon hire. Completion of the training shall be documented and maintained in employees’ personnel files. ARTICLE IV. VIOLATIONS Item 1K - 24 55575.18115\34008738.2 7 Violation of this policy may result in disciplinary action, up to and including termination of employment. Item 1K - 25 55575.18115\34008734.2 1 San Jose Compliance Policy ARTICLE I. PURPOSE The purpose of this policy is to provide direction regarding the use of private electronic devices and accounts for City business and responding to California Public Records Act (“PRA”) requests for records on private devices or accounts. Specifically, this policy is adopted in light of the City of San Jose v. Superior Court (2017) 2 Cal.5th 608 case, which held that communications related to the conduct of public business do not cease to be public records because they were sent or received using a personal device or account. ARTICLE II. DEFINITIONS Section 2.1 Definitions A. “City personnel” shall collectively refer to all City employees, elected officials, appointed officials, consultants, volunteers, and other non- employees who prepare, own, use, or retain public records on behalf of the City. B. “Private account” includes any non-City account that creates, sends, receives or stores electronic communications, including, but not limited to, email, text messaging, and social media such as Twitter, Facebook, Instagram and Snapchat. C. “Private device” shall refer to a non-City device, including, but not limited to, cellular telephones, laptops and desktop computers, tablets, pagers, cameras, televisions, and DVD/CD players. D. “Public record” shall mean any writing, as defined in Government Code sections 6252(e) and (g), that is prepared, owned, used, or retained by the City and that substantively relates to City business. Resolution of the question will involve an examination of several factors, including: the content itself; the context in, or purpose for which, it was written; the audience to whom it was directed; and whether the writing was prepared by an employee acting or purporting to act within the scope of his or her employment. Communications that are primarily personal, containing no more than incidental mentions of City business, generally will not constitute public records. Section 2.2 General Scope This policy applies to all City personnel and shall be interpreted to be consistent with other City-wide policies and the law. ARTICLE III. POLICY & PROCEDURES Section 3.1 Use of private devices and accounts Item 1K - 26 55575.18115\34008734.2 2 A. Use of a private device or account for City business is discouraged. B. City personnel who wish to only use a City device or account for City business shall be provided with the appropriate tools. C. City personnel who use a private device or account for City business shall make public records on the device or account available to the City upon request. Requests may include Human Resources investigations and requests pursuant to Section 3.2 below. D. All City boardmembers/commissioners shall, during their term as a boardmember/commissioner, be assigned a City-issued e-mail account, for use for City business. Section 3.2 Public Records Requests A. In the event that the City receives a PRA request that either explicitly seeks documents on private devices or accounts or can be reasonably interpreted as such, the City Clerk shall promptly communicate the request to the relevant City personnel who may reasonably be in possession of responsive records. These personnel shall conduct a reasonable search for responsive records, which may include a search of personal devices or accounts. B. City personnel shall then provide responsive public records to the City Clerk. These records are still subject to review and redactions for PRA exemptions before production. City personnel shall provide responsive public records regardless of the potential exemptions. C. Non-public records need not be provided to the City Clerk. In the event that City personnel makes a decision to withhold any responsive records that do not qualify as public records, he/she shall submit a statement with facts sufficient to show the record is not related to City business. The City shall determine whether the statement has sufficient facts. D. If a search of a private device or account is reasonably responsive to the PRA request, City personnel shall document his/her search, even if no records were found. City personnel shall document: 1. Search terms used 2. Date of search(es) 3. Locations searched 4. Whether responsive records were found 5. Description of records found, if any Item 1K - 27 55575.18115\34008734.2 3 6. City personnel shall sign this documentation verifying that he/she has used best efforts to search for and identify responsive records E. The City Clerk, in consultation with the City Attorney, shall determine whether a particular record, or any portion of that record, is exempt from disclosure. Section 3.3 Training A. All City personnel shall receive periodic training on this policy. Training should include information on how to distinguish between public and personal records and the steps necessary to conduct a reasonable search for public records. New employees should undergo training upon hire. Completion of the training shall be documented and maintained in employees’ personnel files. B. This policy does not affect the use of approved remote access accounts from private devices. Records created from remote access accounts are stored in the City’s systems. ARTICLE IV. VIOLATIONS Violation of this policy may result in disciplinary action, up to and including termination of employment for employees, removal from office (for commissioners); or censure (for commissioners or elected officials). Item 1K - 28 55575.18115\34008736.2 1 Electronic Records Retention Policy ARTICLE I. PURPOSE The purpose of this policy is to provide direction regarding the retention of electronic records that are prepared, owned, used or retained by the City of Palm Springs (“City”) that pertain to the City’s business and are maintained on electronic devices. ARTICLE II. DEFINITIONS Section 2.1 Definitions A. “City personnel” shall collectively refer to all City employees, elected officials, appointed officials, consultants, as well as volunteers and other non- employees who prepare, own, use, or retain public records on behalf of the City. B. “Hold” is a directive to retain a document because it is the subject of a subpoena, Public Records Act request, claim against the City, civil or criminal litigation, administrative or criminal charge or investigation, or similar proceeding, which is in progress or which can reasonably be anticipated. C. “Retention” shall mean preservation of a record in such a way that does not permit additions, deletions, or changes to the original document, without creating a duplicate of the record, including the preservation of metadata, if applicable. D. “Electronic records” shall mean records prepared, owned, used or retained by City personnel that pertain to the conduct of the City’s business. Records shall include any typewriting, printing, photostating, photographing, photocopying, text, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and any record thereby created, which are maintained on electronic devices. Section 2.2 General Scope This policy applies to all City personnel and shall be interpreted to be consistent with other City-wide policies. This policy applies to all electronic records. If a record is subject to a specific state or federal law or regulation that conflicts with this policy, then the provisions of those laws or regulations shall prevail. ARTICLE III. POLICY & PROCEDURES Unless otherwise specified by law or City policy, the form of the record does not affect its retention period. All electronic records shall be retained pursuant to applicable laws, regulations, City policies, and Records Retention Schedules to ensure that the public and Item 1K - 29 55575.18115\34008736.2 2 courts have access to the appropriate universe of documents and the City records governance is efficiently administered. Section 3.1 Email Retention A. All electronic records sent or received by the City, regardless of its content, shall be automatically saved by the email system for two years. After two years and one day, all electronic records shall be deleted, unless retained pursuant to this Section. B. Electronic records subject to a retention period longer than two years, as determined by the content of the electronic record, shall be retained in such a way that does not permit additions, deletions, or changes to the original record, without creating a duplicate of the record, including the preservation of metadata, if applicable. C. City personnel may also retain electronic records for longer than two years if the email has significant business or historic value. Electronic records shall not be automatically retained for longer than the legally required retention period for the general convenience of City personnel. D. At the request of the City Attorney or City Clerk, holds may be placed on electronic records, suspending the automatic deletion of specific email accounts or emails that meet a specific search criteria. City personnel with knowledge of a potential hold requirement shall immediately notify the City Clerk. E. The sender of the email shall be responsible for preserving the public record, except persons responsible for a particular program or project file shall be responsible for retaining all emails they send or receive related to that program or project. If it is unclear which party is responsible for retaining certain records, the parties shall confer and document the designated responsible party. F. City personnel shall consider the significance of an email’s attachments and retain the attachments in accordance with this policy. G. Emails may also be preserved longer than two years by the City Manager, City Attorney, and Department Heads. Section 3.2 Training A. All City personnel shall receive periodic training on this policy. New employees shall undergo training upon hire. Completion of the training shall be documented and maintained in employees’ personnel files. Item 1K - 30 55575.18115\34008736.2 3 ARTICLE IV. VIOLATIONS Violation of this policy may result in disciplinary action, up to and including termination of employment. Item 1K - 31 55575.18115\34443569.2 1 Social Media Use Policy ARTICLE I. PURPOSE The purpose of this policy is to provide direction regarding the use of social media by City personnel, including to disseminate information from the City of Palm Springs (“City”) to members of the public concerning the City’s missions, goals, meetings, activities and current events. ARTICLE II. DEFINITIONS Section 2.1 Definitions A. City business shall mean information relating to the conduct of the public’s business or communications concerning matters within the subject matter of the City’s jurisdiction, including, but not limited to, pending or potential City projects, past or prospective City agenda items, or City budgets or expenditures involving City funds. B. City Manager means and includes the City Manager of the City or his/her authorized designee(s) for purposes of the administration of this policy. C. City personnel shall refer to any City employee, elected official, appointed official, consultant, as well as any volunteer and other non-employee conducting work for the City. D. City social media site means a social media website that the City establishes and maintains, and over which it has control over all postings, except for advertisements or hyperlinks by the social media site’s owners, vendors, or partners. E. Legislative Body Member means any member of any City legislative body, including, without limitation the City Council, any City Commission, and any committee/subcommittee that is subject to the Brown Act. F. Open and accessible to the public means, with reference to a social media site, that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules. G. Posts or postings means content, information, articles, pictures, videos or any other form of communication posted on a social media site. H. Social media sites or social media means content created using accessible, expandable, and upgradable publishing technologies, through Item 1K - 32 55575.18115\34443569.2 2 and on the internet. Examples of social media include, but are not limited to, Facebook, Twitter, Blogs, RSS, YouTube, LinkedIn, Nextdoor, Delicious, and Flickr. Section 2.2 General Scope This policy applies to all City personnel acting in an official capacity and using the City’s social media sites. In addition, Sections 3.4 and 3.5 apply to City personnel whether or not they are using City social media sites. This policy shall be interpreted to be consistent with other City-wide policies. ARTICLE III. POLICY AND PROCEDURES Section 3.1 General Policy A. The City’s official website is and shall remain its primary means of online communication with the public (http://www.palmspringsca.gov). B. To the extent practicable, City social media sites shall bear the name and/or official logo of the City, contact information including a City email address, and a link to the official City website. City social media sites shall clearly state that such sites are maintained by the City, are the official City social media account, and are governed by this Policy. This Policy shall be made available by hyperlink. C. All City social media sites shall adhere to applicable federal, state and local laws, regulations and policies. City social media sites shall comply with the terms of service of any site provider, including privacy policies. D. All City social media sites shall utilize authorized City contact information and City accounts for account set-up, monitoring and access. E. City social media sites may contain content, including but not limited to, advertisements or hyperlinks over which the City has no control. The City does not endorse any hyperlink or advertisement placed on City social media sites. F. The establishment of City social media sites is subject to approval by the City Manager. The City Manager shall monitor content on City social media sites to ensure adherence to this Policy. G. City social media sites supplement, and do not replace, the City’s required notices and standard communications. Section 3.2 Content Guidelines for Posts by City Personnel on City Social Media Sites: Item 1K - 33 55575.18115\34443569.2 3 A. Only City personnel authorized by the City Manager may post on the City’s social media sites. B. Content posted by City personnel should pertain to City business. Content includes, but is not limited to, information, photographs, videos, and hyperlinks. C. Content posted to the City’s social media sites shall contain hyperlinks directing users back to the City's official website for forms, documents or online services necessary to conduct business with the City, whenever possible. D. The City shall have full permission or rights to any original content posted by the City, including photographs and videos. E. City personnel posting on a City social media site shall review, be familiar with, and comply with the terms of use of the social media site’s use policies and terms and conditions, and will have signed an acknowledgement of this Policy. The signed acknowledgement shall be retained in his/her personnel file. F. All City personnel posting on City social media sites shall conduct themselves at all times as a professional representative of the City. City personnel posting on a City social media site shall not express his/her own personal views or concerns through such postings. Postings on any City social media site shall only reflect the views of the City. G. If it is determined that any social media post needs to be corrected, amended, or clarified, the City will determine what modification or supplement to the earlier social media communication is needed. City personnel seeking a correction should raise any concern with his/her supervisor in writing. Any modification to a published post must be retained in accordance with the procedures described in this Policy. H. Accessing any social media site shall comply with all applicable City policies pertaining to communications and the use of the internet by City personnel, including email content. Section 3.3 Content Guidelines for the Public A. The City reserves the right to delete any third party content, including posts, from any City social media site(s). The City may delete content or links that are: (1) Not topically related to a particular posting that is the subject of comment in relation to the posting in question; Item 1K - 34 55575.18115\34443569.2 4 (2) In support of, or opposition to, political campaigns, candidates or ballot measures, or a link to such content; (3) Profane, obscene, abusive, harassing, threatening or defamatory content, (4) Content that promotes, fosters, or perpetuates discrimination on the basis of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition as well as any other category protected by federal, state, or local laws; (5) Sexual content or links to sexual content; (6) Solicitations of commerce or financial contributions; (7) Conduct or encouragement of illegal activity; (8) Information that may tend to compromise the health, safety or security of the public or public systems; (9) Content that violates a legal interest or right of any other party; (10) Threats of violence or injury to any person, property or organization; or (11) Content intended to collect or post private information and data without disclosure. B. Third-party content may only be deleted if approved by the City Manager. The City Attorney shall be consulted before third-party content is deleted. C. The City shall retain a true, correct and complete copy of any posting removed and document the time, date and identity of the poster. The records shall be retained for two years. D. The City reserves the right to report violations of a third-party site’s terms of use. The City also reserves the right to report any posting on any social media site, whether a City social media site or not, to law enforcement. Section 3.4 Additional Rule for Legislative Body Members. A. This Section is adopted, in part, in light of California Assembly Bill No. 992, which authorizes members of a legislative body to use social media to communicate with the public, subject to statutory exceptions. The City of Palm Springs recognizes that social media has become an integral channel of communication for individual members of the its legislative bodies with Item 1K - 35 55575.18115\34443569.2 5 members of the public. However, such communications must be balanced against legal obligations with respect to transparency in the conduct of the people’s business. For example, the Brown Act requires that legislative bodies of public agencies deliberate and take action openly. (Gov. Code §§ 54950 et seq.). Moreover, communications regarding Agency business on private accounts may be subject to disclosure under the Public Records Act. (Gov. Code §§ 6250 et seq.) To that end, the following protocol will be followed for members of the City’s legislative bodies. B. Legislative body members may engage in separate conversations or communicate on social media platforms to answer questions, provide information to the public, or solicit information from the public regarding City business. C. However, a legislative body member may not do either of the following on a social media platform: (1) Discussion by a majority: Discuss City business with a majority of members of the same legislative body. That includes communicating, posting, sharing, commenting, or using digital icons (i.e., a thumbs up or an emoji); and (2) Direct Responses: Respond directly to another member’s communication, comment or post if the two are on the same legislative body of the City and the topic concerns City business. Section 3.5 Private vs. Public Social Media Accounts. A. City personnel should also be aware that their private social media accounts may be transformed into public fora where members of the public may have First Amendment rights. In determining whether a private social media page has become a public forum, courts have examined factors including: (1) How the City personnel is referenced on the site (i.e., is he or she referenced as “Mayor” or “Chair”, or simply “Jane Doe”?); (2) How the page is titled (i.e., is the account registered as a governmental account or a private account?); (3) How the City personnel “invites” users to use the page (i.e., in cases in which the account was deemed a public one, the city personnel solicited the public’s opinion on city matters); (4) Whether the City personnel is “transacting” City matters on the site (i.e., posting about matters before the City); (5) Whether City employees help maintain and operate the site; and Item 1K - 36 55575.18115\34443569.2 6 (6) Whether the City personnel uses the site to engage directly with the public (i.e., replying to constituent comments regarding City business). B. Whether an account is private or public is fact-specific and depends on the totality of the circumstances. If there are reasons to believe that a City personnel’s private social media page has turned into a public forum, City personnel should refrain from blocking members of the public from the page or deleting comments with which they disagree. Section 3.6 Training A. All City personnel shall receive periodic training on this policy. New employees should undergo training upon hire. Completion of the training shall be documented and maintained in employees’ personnel files. ARTICLE IV. VIOLATIONS Violation of this policy may result in disciplinary action, up to and including termination of employment for employees, removal from office (for commissioners); or censure (for commissioners or elected officials). Item 1K - 37 55575.18115\34443569.2 7 Attachments: Attachment A – Acknowledgement of Social Media Use Policy Item 1K - 38 55575.18115\34443569.2 1 ACKNOWLEDGEMENT OF SOCIAL MEDIA USE POLICY I hereby acknowledge receipt of a copy of the City of Palm Springs’ “Social Media Use Policy” and also represent and warrant that I have carefully reviewed and understand the policy provided to me. I have received answers to any questions that I may have had about said policy’s applicability to my work for the City, and hereby agree to abide by said policies. In executing this acknowledgment I understand that any violation of this policy could lead to disciplinary action, including termination. Employee Name: j Employee Signature: Department: Date: j This form shall be retained in the employee’s personnel file. Item 1K - 39 Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Suite 1 Palm Springs, CA 92262-6966 flypsp.com T: (760) 318-3800 DATE: June 18, 2024 TO: Chairman Dada and Airport Commissioners FROM: Harry Barrett, Jr., Airport Executive Director SUBJECT: Projects and Airport Capital Improvement Update __________________________________________________________________________ Capital Projects Airport Master Plan (Updated June 9, 2024) Background: This project is a 30-month comprehensive study to plan and develop capital program requirements thru the year 2045. The study is scoped to be sustainable, and incorporates future goals related to terminal complex, landside access and parking, and airside improvements for future generation aircraft. Status: In process. On June 4th, Airport staff in partnership with Mead & Hunt and Aviatrix conducted a public meeting to garner feedback on the conceptual development drawing set for the master plan. A major point of discussion was the location and height of the proposed rental car facility, with multiple requests for the airport and consultant to consider alternatives for the location of the facility. Airport staff informed the public that future public meetings will be held in the coming months, to garner as much feedback as possible for the community. Next steps for the master plan involves development of a financial feasibility program document, a California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA) assessment, approval of an Airport Layout Plan drawing set. Measure J Improvements (updated May 11, 2024) Background: The City Finance Department identified roughly $1.2 Million in funding collected for the purpose of ensuring the completion of airport specific community projects. The Measure J Commission and Airport Commission voted recommend a number of projects to the City Council for airport staff to pursue, and those recommendations were ultimately approved by the Council. Status: In progress. Airport staff has started coordinating the completion of two of the five projects approved by the City Council. The Commissions jointly recommended some funds be applied to replacement of the carpet in the lobby areas of the Wexler terminal. Airport staff reviewed the City’s approval and intends to install terrazzo instead of replacing carpet with new carpet. Staff believes this would likely be a better use of Measure J ITEM 8.L Palm Springs International Airport 2 funding and still meets the intent of the recommendation/approval. The Executive Director instructed the airport’s on-call architectural firm to design a flooring plan consistent with the Wexler terminal’s original flooring design. Upon completion, airport staff intends to seek Historic Preservation Committee review before soliciting the design for construction bids. The Airport staff has also begun evaluating specifications for replacement water filling stations. Staff expects to order new equipment over the summer for anticipated installation in the early fall (timeline subject to supply chain/delivery schedule). Staff expects the remaining projects to be taken up by staff in the fall of 2024. Sterile Area Shade Structures (updated May 11, 2024) Background: This project aims to add shade structures post security to encourage broader use of the Airport during summer months. This project is partially funded through a grant facilitated by Visit Greater Palm Springs. Status: Awaiting Construction. Concept design of the sterile area shade structures was completed and airport staff sought permits for construction in August. As a result of the Wexler Terminal being listed on the Federal Historic Preservation Register, the structures were subject to additional approvals and vetting before permits can be secured. A 100 percent design schedule was provided to airport staff for permitting and other relevant approvals. Anticipated construction and installation of structures is expected early June 2024. Restroom Renovations (updated April 11, 2024) Background: City Council approved Airport staff to design and renovate all public restrooms airport wide in the FY 2023 budget. This would include demolition and replacement of all flooring and fixtures, upgrades to ventilation and lighting systems, and conversion of some restrooms to gender neutral facilities. Status: In progress – Design. Airport staff provided Gensler with Notice to Proceed with a project definition report for design and renovation of restrooms at the Bono concourse and in the courtyard areas while a decision and approval of a terminal development alternative is pending. These areas will be considered Phase I of the project. Gensler has held two stakeholder feedback meetings to date, the first which included airport staff, the second which included various external stakeholders representing the airport commission, modernism and historic preservation communities, tourism organizations and City government. These meetings are intended to incorporate user preferences and ideas into their design process. Gensler is starting conceptual design work which is anticipated to take up to two months. Taxiway W and A1 Rehabilitation (updated April 11, 2024) Background: This is an Airport Improvement Program (AIP) funded project to design and rehabilitate the Airport’s primary commercial taxiway under the Pavement Management Program. Palm Springs International Airport 3 Status: In Design. The airport’s on-call engineering firm RS&H completed surveying and destructive testing of the pavement to determine the project approach for rehabilitation. Design is 100% complete and has been reviewed by the Department of the City Engineer and by the FAA . PSP solicited this project for bid in March and received multiple competitive bids. The bid process was solicited contingent on FAA grant funding. PSP is requesting AIP discretionary funding which, if successful, would enable this project to move forward for construction in CY 2024. Baggage Claim Expansion and Renovation (Updated April 11, 2024): Background: This project was previously identified on the airport’s Capital Improvement Program (CIP) list for start in FY 2025. Status: In progress - design. In the Fall of 2022, Airport staff applied for a nation-wide competitive grant under the Airports Terminal Program (ATP) under the 2021 Bipartisan Infrastructure Law. Airport staff was notified on February 27th that PSP had been awarded a $5.7M grant to partially fund expansion of baggage claim. Airport staff has determined that a Construction Manager at Risk (CMAR) project delivery methodology is appropriate for this project and Request for Proposal #34-23 was advertised. A contract award for Construction Manager at Risk to Skanska was approved by the City Council in July 2023 with a project budget of $27M. This project remains in environmental review. Airport staff is following up continuously with the FAA but at this time there is no indication on when the environmental review process will be completed. The Federal Aviation Administration notified airport staff in February that as a result of the Wexler terminal being listed on the National Register of Historic Places, the baggage claim project is subject to additional environmental review processes that would delay an environmental determination. As a result, the $5.7 million grant announced to PSP in February of last year for the bag claim expansion was clawed back and reallocated to another airport. PSP is eligible to apply for future competitive grants, however future competitive grants are not guaranteed. Airport staff have decided to continue with the project design and construction and will evaluate the timing of future projects on the airport’s capital program to ensure the bag claim project can be funded to 100%. Outbound Baggage Handling System Replacement: (Updated March 13, 2023) Background: This project is intended to modify or replace the current outbound baggage handling system with a new inline baggage handling system to improve capacity and process efficiency, implement additional technology for bag tracking, reduce or eliminate single points of failure, and improve ergonomics. Status: In process - design: City Council approved the selection of AECOM for inline outbound baggage handling system design services. AECOM is underway on design with expected 30% designs in late October. Airport staff and AECOM have held a number of meetings with TSA and FAA stakeholders to review initial concepts and seek input. Airport staff have met with airline stakeholders to garner feedback on initial design concepts. AECOM continues to hold ongoing meetings with airline affairs reps and TSA engineers to design the system and facility. Airport staff directed AECOM to incorporate the City’s Palm Springs International Airport 4 approved master plan terminal development alternative into design and AECOM has been responsive to that request. The timing of federal funding suggests that PSP will target CY 2025 for construction. Public Parking Electrification – Lot D (Updated April 11, 2024) Background: Airport staff applied for the Southern California Edison electric vehicle charging infrastructure rebate program in the winter of 2022. The program is designed to provide no-cost infrastructure to enable Level 2 electric vehicle charging with the caveat that sponsors self-procure level 2 chargers. Status: PSP was approved for expansion of electric infrastructure under the SCE rebate program. Request for Proposal #04-23 was issued on June 1st, 2023 for procurement of 40 level two chargers to serve 80 parking positions. Airport staff have ordered the Level 2 chargers which are set to arrive by the end of October. Staff is preparing a Request for Proposal to install the chargers once the infrastructure work has been completed by SCE. Airport staff is developing costs recovery rate and fee plans for EV charging spaces and anticipates bringing proposals to the finance committee in the winter of 2023. SCE has advised airport staff to expect infrastructure work to feed the chargers to be completed by November 2024. Program Updates Feasibility Study for Federal Inspection Station (International Air Service) (Updated May 11, 2024) Background: This two-phased study (partially funded by Visit Greater Palm Springs) seeks to analyze how small and medium hub airports have successfully constructed an FIS and expanded international routes to their facilities, and subsequently develop a business plan for expansion of Customs and Boarder Protection Services for commercial flights at PSP. Status: In Process – Phase II; Airport staff gave InterVISTAS Notice to Proceed on Phase II of the study which involves a PSP-specific FIS plan on October 4, 2023. InterVISTAS has substantially completed the market demand analysis and the economic impact analysis of the study. Airport staff met with InterVISTAS to discuss the status of the study and to provide direction as required. InterVistas is now working with the airport’s master plan consultant to coordinate on facility site selection and environmental review. Airport staff provided InterVISTAS with an amended scope of work to proceed with inter-governmental coordination and federal advocacy consulting related to securing CBP labor and equipment resources to staff and operate an FIS. InterVIstas informed airport staff that their study effort has reached the point where their team is prepared to provide a written justification document for Customs and Boarder Protection review. Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Suite 1 Palm Springs, CA 92262-6966 flypsp.com T: (760) 318-3800 DATE: June 18, 2024 TO: Chairman Dada and Airport Commissioners FROM: Harry Barrett, Jr., Airport Executive Director SUBJECT: Executive Director Report __________________________________________________________________________ Emerging Developments Legislative Report – FY 25 DHS Appropriations (New June 9, 2024) Background: On Wednesday June 12, the House Appropriations Committee will consider the FY 25 appropriations bill. The Senate Appropriations Committee has not yet announced plans to begin considering FY 25 requests. Report: In advance of the House Department of Security (DHS) Appropriations Subcommittee considering its fiscal year 2025 (FY25) bill June 4th, the Subcommittee released its draft bill and a summary. The bill provides $64.81 billion, $2.2 billion above the budget request for DHS, including funding for the Transportation Security Administration (TSA) and the U.S. Customs and Border Protection (CBP). The draft bill summary does not highlight funding for new CBP Officers as requested by airport industry organizations, which resulted in a net gain of 150 officers to the agency. Airport staff is closely watching developments as these spending priorities have a direct impact on PSP’s ability to secure CBP resources to staff an FIS. Legislative Report – FAA Reauthorization (New June 9, 2024) Background: On May 16, President Biden signed a bipartisan FAA Reauthorization Bill into law. Report: On May 9th, the Senate passed an FAA Reauthorization bill that would renew authority of the agency for the next five years and passed a short-term extension that would give the House of Representatives room to review and pass the bill with strong bi-partisan support. On May 15th, the House of Representatives overwhelmingly approved the bill which increases AIP funding to $4 billion annually, authorizes $200 million for resilience and runway safety projects, and expands the Voluntary Airport Low Emissions program to all commercial airports. The bill also authorizes $20 million annually for each of three aviation workforce programs aimed at supporting the education of pilots, mechanics and aerospace workers. PSP anticipates a potential increase in AIP stemming from this bill, although the amount is yet to be determined. ITEM 9 Palm Springs International Airport 2 Airport Reorganization – New FTEs (Updated May 11, 2024) Background: The PS City Council adopted the FY 2024 and FY 2025 budgets on June 29th, which included the Airport ’s request for an additional 49 Full Time Equivalent positions. These positions included augmentation of current classifications to support growth, as well as new classifications to better align resources with airport needs. Report: Airport staff and Human Resources (HR) have been coordinating on hiring priorities. Airport staff continues to recruit for the Deputy Director of Planning & Engineering. This position has been difficult to fill with candidates citing compensation as a critical barrier. Airport staff also continues to recruit for Executive Program Administrator (originally Commercial Properties Spec) and Project Manager. ITEM 1 1 . A Page 1 | 5 ITEM 11.A - PAST CITY COUNCIL ACTIONS Airport Commission Meeting of June 18, 2024 City Council Meeting of May 9, 2024: 3. Business & Legislature SUBJECT APPROVAL OF THE AIRPORT MASTER PLAN AIRSIDE AND LANDSIDE CONCEPTUAL DEVELOPMENT PLAN FOR THE PALM SPRINGS INTERNATIONAL AIRPORT RECOMMENDATION: Approve the Airport Master Plan airside and landside conceptual development plan for the Palm Springs International Airport including the associated terminal plan and onsite Consolidated Rental Car Facility (CONRAC). Attachments Item 3B SUBJECT CITY BOARDS AND COMMISSIONS – DISCUSSION AND POSSIBLE DIRECTION REGARDING ROLES AND DUTIES OF CITY BOARDS/COMMISSIONS; POSSIBLE CODE OF CONDUCT; SUPPORT AND GUIDANCE OF BOARDS AND COMMISSIONS; AND PROCESS FOR REMOVAL OF BOARD/COMMISSION MEMBERS RECOMMENDATION: Discuss and provide direction to City staff and/or City Attorney. Attachments Item 3C ITEM 1 1 . A Page 2 | 5 City Council Meeting of May 23, 2024: 1. CONSENT CALENDAR SUBJECT APPROVE AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT 23Q112 WITH AECOM TECHNICAL SERVICES, INC. FOR THE DESIGN OF AN INLINE BAGGAGE HANDLING SYSTEM FOR THE PALM SPRINGS INTERNATIONAL AIRPORT RECOMMENDATION: 1. Approve Amendment No. 1 to Consulting Services Agreement 23Q112 with AECOM Technical Services, Inc., in the additional amount of $372,711.02 for a total revised contract amount not to exceed $3,547,349.02 for the design of an inline baggage handling system for the Palm Springs International Airport. 2. Appropriate $125,000 from Airport Capital Project Fund 416 to Airport Account 4167065.80000 for Fiscal Year 2023-24, and $247,711.02 from Airport Capital Project Fund 416 to Airport Account 4167065.80000 for Fiscal Year 2024-25. 3. Authorize the City Manager or designee to execute all necessary documents. Attachments Item 1G SUBJECT APPROVE AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 23B043 WITH WGJ ENTERPRISES, INC. DBA PCI, FOR AIRFIELD RUBBER AND PAINT REMOVAL SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT RECOMMENDATION: 1. Approve Amendment No. 1 to Contract Services Agreement No. 23B043 with WGJ Enterprises, Inc. dba PCI, in the additional amount of $245,000 for a total revised contract amount not to exceed $905,000 for airfield rubber and paint removal services at the Palm Springs International Airport. 2. Appropriate $245,000 from Airport Fund 415 to Airport account 4157030.40105 budget for Fiscal Year 2024-25. 3. Authorize the City Manager or designee to execute all necessary documents. Attachments Item 1H ITEM 1 1 . A Page 3 | 5 SUBJECT A REQUEST BY LOGAN ADAIR, ON BEHALF OF THE PALM SPRINGS INTERNATIONAL AIRPORT, FOR THE APPROVAL OF AN ART MURAL TITLED “PALM SPRINGS WELCOMES YOU” LOCATED ON A PORTION OF THE REGIONAL CONCOURSE WALL WITHIN THE AIRPORT LOCATED AT 3400 EAST TAHQUITZ CANYON WAY, ZONE A, (APN: 677-280-010) (CASE MUR 2024-0002) RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL TITLED “PALM SPRINGS WELCOMES YOU” PAINTED ON THE REGIONAL CONCOURSE WALL, LOCATED AT 3400 EAST TAHQUITZ CANYON DRIVE, WITHIN THE PALM SPRINGS INTERNATIONAL AIRPORT (APN: 677-280-010) (CASE MUR 2024-0002).” Attachments Item 1Q City Council Meeting of June 13, 2024: 1. CONSENT CALENDAR SUBJECT APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS RECOMMENDATION: 2. Appoint Samantha McDermott to the Airport Commission for a term ending June 30, 2025. Appoint Robert (Ken) Hedrick and Bryan Ebensteiner to the Airport Commission for a term ending June 30, 2027. Attachments Item 1B ITEM 1 1 . A Page 4 | 5 SUBJECT APPROVAL OF THE 2024 PALM SPRINGS INTERNATIONAL AIRPORT AIR SERVICE INCENTIVE PROGRAM RECOMMENDATION: 1. Approve the new 2024 Air Service Incentive Program. 2. Adopt resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2024 AIR SERVICE INCENTIVE PROGRAM FOR THE PALM SPRINGS INTERNATIONAL AIRPORT." 3. Authorize the City Manager or designee to execute all necessary documents. Attachments Item 1E SUBJECT APPROVE CONTRACT SERVICES AGREEMENT NO. 24B101 WITH TIMBERLINE GSE INC. TO PURCHASE FOUR SWITCHBACK PASSENGER BOARDING RAMPS FOR THE PALM SPRINGS INTERNATIONAL AIRPORT RECOMMENDATION: 1. Approve Contract Services Agreement 24B101 with Timberline GSE Inc. to provide four switchback passenger boarding ramps for the Palm Springs International Airport with warranty and maintenance services in an amount not to exceed $284,105 for the initial two-year term beginning June 17, 2024, through June 16, 2026. 2. Authorize the City Manager or his designee to execute all necessary documents. Attachments Item 1K ITEM 1 1 . A Page 5 | 5 SUBJECT CITY BOARDS AND COMMISSIONS – ADOPTION OF A RESOLUTION ESTABLISHING A CODE OF CONDUCT FOR CITY BOARDS AND COMMISSIONS; AND RESOLUTION ESTABLISHING A HIATUS FOR THE CITY’S HUMAN RIGHTS COMMISSION RECOMMENDATION: 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A CODE OF CONDUCT FOR CITY OF PALM SPRINGS BOARDS AND COMMISSIONS 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TEMPORARILY SUSPENDING MEETINGS AND ACTIVITIES OF THE CITY OF PALM SPRINGS HUMAN RIGHTS COMMISSION Attachments Item 1L ITEM 10.B / 1 -17-2 4 Page 1 | 1 ITEM 11.B - FUTURE CITY COUNCIL ACTIONS Airport Commission Meeting of June 18, 2024 June 27, 2024 • Amendment to Car Rental Concessionaire Agreements to adjust certain fixed rent charges and reinstate the Minimum Annual Guarantee (MAG). • Southern California Edison/Hertz Rental Car Grant Easement. July 9, 2024 • ABM Aviation, Inc. - Amendment No. 3 to extend parking management services for one-year. • Signature Technologies Inc. dba Com-Net Software – Amendment No. 2 to extend Flight Information Display System (FIDS) services for one-year. • Twelve Airport Leases for the property located at 2901 E. Alejo Road. Palm Springs International Airport MONTHLY PASSENGER ACTIVITY REPORT - 2024 2024 2023 % Change 2024 2023 % Change 2024 2023 % Change January 167,926 169,746 -1.1%168,852 171,910 -1.8%336,778 341,656 -1.4% February 186,052 184,973 0.6%196,544 188,877 4.1%382,596 373,850 2.3% March 238,473 223,314 6.8%234,499 226,832 3.4%472,972 450,146 5.1% April 202,219 200,753 0.7%180,068 178,600 0.8%382,287 379,353 0.8% May 127,314 129,695 -1.8%119,176 116,491 2.3%246,490 246,186 0.1% June 71,635 -100.0%66,826 -100.0%- 138,461 -100.0% July 63,647 -100.0%60,689 -100.0%- 124,336 -100.0% August 59,309 -100.0%59,947 -100.0%- 119,256 -100.0% September 73,813 -100.0%77,748 -100.0%- 151,561 -100.0% October 126,702 -100.0%133,106 -100.0%- 259,808 -100.0% November 162,180 -100.0%165,290 -100.0%- 327,470 -100.0% December 158,245 -100.0%166,997 -100.0%- 325,242 -100.0% Year to Date 921,984 1,624,012 1.5%899,139 1,613,313 1.9%1,821,123 3,237,325 1.7% Enplaned Deplaned Total Passengers ITEM 12.APage 1 of 4 Palm Springs International Airport Best Month Comparison ENPLANEMENTS 2020 2021 2022 2023 2024 Vs Best Mo Jan 136,157 39,614 118,204 169,746 167,926 -1.1% Feb 156,909 57,530 142,206 184,973 186,052 0.6% Mar 113,166 107,577 202,993 223,314 238,473 6.8% Apr 5,811 111,376 185,946 200,753 202,219 0.7% May 10,751 92,820 123,736 129,695 127,314 -1.8% Jun 14,827 66,885 73,861 71,635 -100.0% Jul 17,231 65,869 68,071 63,647 -100.0% Aug 18,389 58,793 65,368 59,309 -100.0% Sep 23,087 65,682 79,599 73,813 -100.0% Oct 41,597 108,923 120,659 126,702 -100.0% Nov 52,874 135,677 160,129 162,180 -100.0% Dec 41,517 136,897 159,846 158,245 -100.0% TOTAL 632,316 1,047,643 1,500,618 1,624,012 921,984 % Chg.-50.89%65.68%43.24%8.22% TOTAL PASSENGERS 2020 2021 2022 2023 2024 Vs Best Mo Jan 276,099 79,082 237,388 341,656 336,778 -1.4% Feb 320,906 120,657 292,336 373,850 382,596 2.3% Mar 198,850 214,477 403,883 450,146 472,972 5.1% Apr 10,082 215,777 358,115 379,353 382,287 0.8% May 19,154 174,535 233,239 246,186 246,490 0.1% Jun 28,748 129,872 142,524 138,461 -100.0% Jul 33,776 129,463 133,664 124,336 -100.0% Aug 36,482 117,952 129,952 119,256 -100.0% Sep 47,915 136,666 162,834 151,561 -100.0% Oct 88,777 225,991 247,457 259,808 -100.0% Nov 108,043 271,944 319,237 327,470 -100.0% Dec 83,262 276,527 321,215 325,242 -100.0% TOTAL 1,252,094 2,092,943 2,981,844 3,237,325 1,821,123 % Chg.51.17%67.16%42.47%8.57% Page 2 of 4 Palm Springs International Airport ACTIVITY BY AIRLINE MAY 2024 (E & D) AIRLINES 2024 2023 % Change 2024 2023 % Change 2024 2023 % Change Market Share Air Canada - - 0.0%- - 0.0%- - 0.0%0.0% Alaska 23,326 25,260 -7.7%20,326 20,932 -2.9%43,652 46,192 -5.5%17.7% American 24,503 20,464 19.7%24,715 19,319 27.9%49,218 39,783 23.7%20.0% Avelo 865 988 -12.4%803 906 -11.4%1,668 1,894 -11.9%0.7% Delta Air 1,510 3,559 -57.6%1,702 2,804 -39.3%3,212 6,363 -49.5%1.3% SkyWest (Delta Connection)4,707 4,794 -1.8%4,504 4,511 -0.2%9,211 9,305 -1.0%3.7% SkyWest (United Express)8,880 9,668 -8.2%7,986 7,914 0.9%16,866 17,582 -4.1%6.8% SkyWest (AA)5,685 2,042 178.4%4,953 1,789 176.9%10,638 3,831 177.7%4.3% Southwest Air 31,483 34,529 -8.8%31,786 34,324 -7.4%63,269 68,853 -8.1%25.7% United 13,693 14,351 -4.6%11,754 12,599 -6.7%25,447 26,950 -5.6%10.3% WestJet 10,283 10,750 -4.3%8,596 8,797 -2.3%18,879 19,547 -3.4%7.7% Allegiant Air 285 883 -67.7%196 618 -68.3%481 1,501 -68.0%0.2% Flair - - 0.0%- - 0.0%- - 0.0%0.0% JetBlue - 476 -100.0%- 321 -100.0%- 797 -100.0%0.0% MN Airlines (Sun Country)2,094 1,931 8.4%1,855 1,657 11.9%3,949 3,588 10.1%1.6% Charters - - 0.0%- - 0.0%- - 0.0%0.0% TOTAL 127,314 129,695 -1.8%119,176 116,491 2.3%246,490 246,186 0.1%100.0% Enplaned Deplaned Total Page 3 of 4 Palm Springs International Airport Airlines Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FYTD Air Canada - - - 335 5,670 5,059 5,595 6,330 8,366 6,626 - 37,981 Alaska 11,339 9,923 11,493 25,541 30,823 30,980 31,030 35,114 43,343 43,472 23,326 296,384 American 13,695 14,400 15,596 20,342 23,979 22,963 23,536 27,581 34,401 29,854 24,503 250,850 Avelo Air - - - - 2,477 2,528 2,498 2,889 3,870 3,635 865 18,762 Delta Air - - 392 3,945 5,840 11,659 16,245 16,444 21,544 12,438 1,510 90,017 SkyWest (Delta Connection)4,267 4,070 5,050 5,668 5,403 5,466 5,415 5,799 6,147 5,671 4,707 57,663 SkyWest (United Express)8,606 8,448 9,630 7,470 8,324 7,057 8,416 8,360 10,408 11,128 8,880 96,727 SkyWest (American Air)3,691 2,630 3,055 5,390 5,314 3,887 4,784 4,400 5,692 5,557 5,685 50,085 Southwest Air 17,851 15,667 19,382 25,155 29,421 25,412 29,154 29,022 39,475 34,093 31,483 296,115 United 4,656 17,089 20,427 19,345 19,643 22,654 29,272 20,469 13,693 167,248 WestJet 4,198 4,171 4,058 11,646 16,585 16,441 16,592 19,532 23,121 19,859 10,283 146,486 Allegiant Air - - - 1,331 1,457 1,173 1,175 1,679 2,766 2,270 285 12,136 Flair 1,445 303 - 1,748 JetBlue - - - 175 3,284 2,640 404 1,627 3,422 2,950 - 14,502 MN Airlines (Sun Country)- - 501 2,615 3,176 3,635 3,439 4,621 5,201 3,894 2,094 29,176 Charters - - - - - - - - - - - - TOTAL ENPLANED 63,647 59,309 73,813 126,702 162,180 158,245 167,926 186,052 238,473 202,219 127,314 - 1,565,880 DEPLANED PASSENGERS Airlines Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FYTD Air Canada - - - 533 5,771 5,293 5,267 6,477 7,397 4,733 - 35,471 Alaska 10,590 10,605 12,779 27,568 30,674 31,911 30,481 37,102 44,485 37,809 20,326 294,330 American 13,171 14,104 15,246 20,434 24,029 24,431 24,617 29,068 32,174 27,926 24,715 249,915 Avelo Air 2,560 2,553 2,486 2,977 3,888 3,342 803 18,609 Delta Air 671 3,917 5,840 13,161 16,443 17,936 20,850 12,438 1,702 92,958 SkyWest (Delta Connection)3,959 3,996 5,299 5,741 5,467 5,416 5,936 5,933 6,177 5,350 4,504 57,778 SkyWest (United Express)8,016 8,498 10,039 7,711 8,827 7,852 7,922 8,774 9,825 10,370 7,986 95,820 SkyWest (American Air)3,492 2,666 2,997 5,463 5,120 3,818 4,108 3,884 5,132 5,067 4,953 46,700 Southwest Air 17,428 16,060 20,799 25,891 30,654 28,082 28,435 30,944 39,636 32,632 31,786 302,347 United 4,971 17,220 20,384 20,040 19,723 23,233 28,094 17,459 11,754 162,878 WestJet 4,033 4,018 4,366 13,554 17,883 16,173 18,053 21,323 23,235 14,812 8,596 146,046 Allegiant Air 1,728 1,468 1,129 1,151 1,859 3,003 1,763 196 12,297 Flair 1,555 69 - 1,624 JetBlue 322 3,143 3,173 353 1,742 3,586 2,867 - 15,186 MN Airlines (Sun Country)581 3,024 3,470 3,965 3,877 5,292 5,462 3,431 1,855 30,957 Charters - - - - - - - - - - - - - TOTAL DEPLANED 60,689 59,947 77,748 133,106 165,290 166,997 168,852 196,544 234,499 180,068 119,176 - 1,562,916 TOTAL E & D 124,336 119,256 151,561 259,808 327,470 325,242 336,778 382,596 472,972 382,287 246,490 - 3,128,796 ENPLANED & DEPLANED PASSENGERS - FY 2023 2024 ENPLANED PASSENGERS Page 4 of 4 Palm Springs International Airport PASSENGER ACTIVITY REPORT - FISCAL YEAR COMPARISON FY '23-'24 % CHANGE FY '22-'23 % CHANGE FY '21-'22 % CHANGE FY '20 -'21 FY '23 -'24 % CHANGE FY '22-'23 % CHANGE FY '21-'22 % CHANGE FY '20 -'21 FY '23-'24 % CHANGE FY '22-'23 % CHANGE FY '21-'22 % CHANGE FY '20 -'21 July 63,647 -6%68,071 3%65,869 282%17,231 60,689 -7%65,593 3%63,594 284%16,545 124,336 -7%133,664 3%129,463 283%33,776 August 59,309 -9%65,368 11%58,793 220%18,389 59,947 -7%64,584 9%59,159 227%18,093 119,256 -8%129,952 10%117,952 223%36,482 September 73,813 -7%79,599 21%65,682 184%23,087 77,748 -7%83,235 17%70,984 186%24,828 151,561 -7%162,834 19%136,666 185%47,915 October 126,702 5%120,659 11%108,923 162%41,597 133,106 5%126,798 8%117,068 148%47,180 259,808 5%247,457 9%225,991 155%88,777 November 162,180 1%160,129 18%135,677 157%52,874 165,290 4%159,108 17%136,267 147%55,169 327,470 3%319,237 17%271,944 152%108,043 December 158,245 -1%159,846 17%136,897 230%41,517 166,997 3%161,369 16%139,630 234%41,745 325,242 1%321,215 16%276,527 232%83,262 January 167,926 -1%169,746 44%118,204 198%39,614 168,852 -2%171,910 44%119,184 202%39,468 336,778 -1%341,656 44%237,388 200%79,082 February 186,052 1%184,973 30%142,206 147%57,530 196,544 4%188,877 26%150,130 138%63,127 382,596 2%373,850 28%292,336 142%120,657 March 238,473 7%223,314 10%202,993 89%107,577 234,499 3%226,832 13%200,890 88%106,900 472,972 5%450,146 11%403,883 88%214,477 April 202,219 1%200,753 8%185,946 67%111,376 180,068 1%178,600 4%172,169 65%104,401 382,287 1%379,353 6%358,115 66%215,777 May 127,314 -2%129,695 5%123,736 33%92,820 119,176 2%116,491 6%109,503 34%81,715 246,490 0%246,186 6%233,239 34%174,535 June -100%71,635 -3%73,861 10%66,885 -100%66,826 -3%68,663 9%62,987 - -100%138,461 -3%142,524 10%129,872 YTD 1,565,880 -4%1,633,788 15%1,418,787 112%670,497 1,562,916 -3%1,610,223 14%1,407,241 113%662,158 3,128,796 -4%3,244,011 15%2,826,028 112%1,332,655 ENPLANED PASSENGERS DEPLANED PASSENGERS TOTAL PASSENGERS ITEM 12.B ITEM 13 . A / 6 -18- 2 4 Page 1 | 1 ITEM 13.A - FUTURE COMMITTEE MEETINGS Airport Commission Meeting of June 18, 2024 Date Time Committee June 17, 2024 10:30 A.M. Ad Hoc Design Review Committee July TBD TBD Noise Committee TBD TBD Budget and Finance Committee TBD TBD Marketing and Business Development Committee TBD TBD Operations, Properties and Facilities Committee REPRESENTING COMMISSIONERS Marketing (7 Members) Budget (7 Members)* Operations (7 Members) Noise (5 Members) Ad Hoc Design Review (5 Members)* Indian Wells BERRIMAN, Robert Member Palm Springs BURKE, Todd Chair Member Member Palm Springs CALDWELL, Daniel Member Member Palm Springs CORCORAN, Kevin Member Member Chair Palm Springs DADA, Aftab Palm Springs FELTMAN, David Chair Member Palm Springs FONG, J Craig Member Member La Quinta HUGHES, Kathleen Member Palm Springs MARTIN, Tracy Chair Cathedral City MICHAELIS, Tony Member Member Riverside County PARK, Margaret Member Desert Hot Springs PYE, Jan Member Member Palm Springs SUERO, Guillermo Member Palm Desert WISEMAN, Kevin Member Member Member Member Indio WISE, Rick Member Member Rancho Mirage YOUNG, Keith Member Member *Budget & Finance Committee has one (1) vacancy Ad Hoc Design Review Committee has one (1) vacancy AIRPORT MASTER PLAN REPRESENTING COMMISSIONERS Palm Springs CORCORAN, Kevin Palm Springs DADA, Aftab Palm Desert WISEMAN, Kevin Rancho Mirage YOUNG, Keith AIRPORT COMMITTEES FY2023-24 REVISED 1-11-24 WORKING GROUP REVISED 1-19-24 ITEM 13.BPage 1 of 1