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Thursday, February 10, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 this meeting was conducted by teleconference andthere was no in -personpublic accessto the meeting location.
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Thursday, February 10, 2022, at 5: 30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Middleton led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Geoff Kors, Dennis Woods; Mayor Pro Tern Grace Elena Garner; and Mayor Lisa Middleton
Absent: None.
City Staff
Present: Justin Clifton, City Manager; Teresa Galavan, Assistant City Manager, Jeffrey Ballinger, City Attorney; andAnthony J. Mejia, City Clerk, werepresentat Roll Call.
Other staff memberspresentedreports or respondedto questionsas indicated in the minutes.
PRESENTATIONS: None.
ACCEPTANCE OF THE AGENDA:
City Manager Clifton referencedItem No. 5A; explained that there was a scheduling conflict and that the item will be scheduledfor afuture City Council meeting.
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5- 0, to delete Item No. 5A from the agenda.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of February 10, 2022, was called to order by Mayor Middleton at 3:30 p.m., with all memberspresent.
The meeting convenedinto Closed Sessionto discussthe following items aslisted on the Regular Closed SessionMeeting Agenda:
City Council Minutes February 10 2022
CONFERENCE WITH LEGAL COUNSEL — MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956. 9( d)( 2):
Three (3) mattersthat, under the existing circumstances, the City Attorney believescreates significant exposure to litigation.
Letters from Rod Pacheco, Pacheco & Neach, datedMay 17, 2021, September27, 2021, andOctober 29, 2021, regarding Frank Bogert statue.
CONFERENCE WITH LEGAL COUNSEL — DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956. 9( d)( 4):
Underexisting factsandcircumstances, therearethree (3) matterstheCity Councilhasdecided or may decide to initiate litigation.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956. 8:
Property Description: Portionof Airport Property, APN 502-100-030, Palm Springs Portion of Airport Property, 2901 E. Alejo Rd., Palm Springs Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Coachella Valley Economic Partnership, Garland Commercial Group, on behalf of Palm Springs Aviation
Academy
Under Negotiation: Price and Terms
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957. 6:
City Negotiators: Justin Clifton, City Manager
JeremyHammond, Human ResourcesDirector
Andrew Mills, Chief of Police
Peter Brown, Legal Counsel
Employee Organization: Public Employees Association of Palm Springs ( PEAPS) Management Association of Palm Springs ( MAPS)
Palm Springs Firefighters Association ( PSFA)
Palm Springs Fire Management ( PSFMA)
Executives
City Attorney Ballinger reported that the City Council received briefings and provided direction to staff regarding the agendizedClosed SessionItems but did not take any reportable action.
PUBLIC TESTIMONY:
Bruce Hoban, speaking on Item No. 5A, asked City Council to hold Mr. Gonzalez, Mr. Wilson andMs. Perez, from College of the Desert, accountable, to give a community presentationat a future City Council meeting.
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City Council Minutes February 10, 2022
There were no other public comments.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER' S COMMENTS AND REPORTS:
Mayor Middleton reported on a recent meeting of the Riverside County Transportation Commission.
Councilmember Woods commented on protection measures the City has taken to increase transparency; asked for an independent investigation into the Measure J Commission and stated there could be a potential conflict.
Councilmember Kors felt Councilmember Woods' s commented are offensive and outrageous; suggestedthat the subject should be discussedwith the City Attorney, in closed session; noted the Measure J Commission was adopted by voters; reported the Measure J Commission makes recommendationsto City Council and Council decideswhat to support.
City Attorney Ballinger recommendedthat City Council limit the discussion on whether Council wants to add it to a future agenda.
Councilmember Kors discussed the recent Concert in the Park. f K17 6y li; IL1[ 7: 71 1
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to approve the consent calendar.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to find that the City Council has consideredthe circumstances of the stateof emergencyduring a proclaimed stateof emergency, and stateor local officials have imposed or recommendedmeasuresto promote social distancing, and asa result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings will be held by videoconference, in accordance with AB 361.
B. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to approve the City Council Meeting Minutes of November 4, 2021.
C. APPROVAL OF AMENDMENT NO. 5 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021- 22
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
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City Council Minutes February 10 2022
1. Adopt Resolution No. 24978 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO THE ALLOCATED POSITIONSAND COMPENSATIONPLAN FOR FISCAL YEAR 2021- 2022, ADOPTED BY RESOLUTION NO. 24912."
2. AuthorizetheCity Managerto executeall necessarydocuments.
D. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS TO ENTER INTO AN AGREEMENT WITH THE
GOVERNOR' S OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT FOR CANNABIS EQUITY GRANT FUNDING FOR THE FISCAL YEAR 21/22
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
Adopt Resolution No. 24979 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ENTER INTO AN
AGREEMENT WITH THE GOVERNOR' S OFFICE OF BUSINESS AND
ECONOMIC DEVELOPMENT FOR CANNABIS EQUITY GRANT FUNDING
FOR THE FISCAL YEAR 21/ 22."
2. Authorize the City Manager to executeall documentsconsistentwith this Resolution.
E. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS FIRE
MANAGEMENT ASSOCIATION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
1. Adopt Resolution No. 24980 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS,
AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 2023, SUBJECT TO ASSOCIATION EXECUTING THE MEMORANDUM OF UNDERSTANDING."
2. Authorizethe City Managerto executethe Memorandumof Understanding (MOU) andall documentsnecessaryto effectuatetheaboveaction, includingtheallocationand compensationplans, agreementsandcontracts, andany non -substantialMOU language or reorganization.
F. SECOND READING AND ADOPTION OF ORDINANCE NO. 2059 AMENDING CHAPTER 10.22. 060 OF THE PALM SPRINGS MUNICIPAL CODE RELATED TO UNATTENDED ANIMALS IN ENCLOSED VEHICLES — GUIDE DOGS OF
THE DESERT
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City Council Minutes February 10, 2022
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to adopt Ordinance No. 2059 entitled, " AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 10. 22 RELATED TO
UNATTENDED ANIMALS IN ENCLOSED VEHICLES."
G. SECOND READING AND ADOPTION OF ORDINANCE NO. 2058 TO IMPLEMENT SENATE BILL 9 REQUIREMENTS FOR URBAN LOT SPLITS AND TWO - UNIT RESIDENTIAL DEVELOPMENTS, CASE 5. 1548 ZTA
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to adopt Ordinance No. 2058 entitled, " AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 9. 62 , OF THE PALM SPRINGS MUNICIPAL CODE AND CHAPTER 93. 00
OF THE PALM SPRINGS ZONING CODE RELATING TO URBAN LOT SPLITS AND
TWO - UNIT PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA."
H. APPROVAL OF CONTRACT PURCHASE AGREEMENTS WITH SC
COMMERCIAL, LLC, DOWNS ENERGY, WEX BANK DBA WRIGHT EXPRESS FSC, SOUTH COAST EVS. AND DANIELS TIRE SERVICE, INC. IN A COMBINED AMOUNT NOT TO EXCEED OF $ 2, 191, 925. 75
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
In accordance with Palm Springs Municipal Code Section 7. 09. 010, " Cooperative Purchasing Programs," ratify and increase a Blanket Purchase Order for SC Commercial, LLC for diesel fuel in an amount not - to -exceed $ 253, 000 through March 31, 2022, subject to extension at the approval of City Council, at the cooperative unit pricing offered under the County of Riverside agreement #RIVCO- 40500-002-10/12.
2. In accordance with Palm Springs Municipal Code Section 7. 09. 010, " Cooperative Purchasing Programs," ratify a Blanket PurchaseOrder for Downs Energy for diesel fuel in an amount not - to -exceed $ 485, 000 through March 31, 2022, subject to extension atthe approval of City Council, at the cooperativeunit pricing offered underthe County of Riverside agreement # RIVCO- 40500- 002- 10/ 12.
In accordance with Palm Springs Municipal Code Section 7. 09. 010, " Cooperative Purchasing Programs," award a Contract Service Agreement for WEX Bank dba Wright ExpressFSC for a fuel card program in an amount not -to -exceed $235,173.75 for a five- year term, subject to extension at the approval of City Council, basedon the State of California, Department of General Services Division Agreement Number 5- 19- 99- 19.
4. In accordance with Palm Springs Municipal Code Section 7. 05. 020, " Sole Source Procurement by the City," increase a Blanket Purchase Order for South Coast City of Palm Springs Page 5
City Council Minutes February 10 2022
Emergency Vehicle Servicesfor off -site fire apparatusrepairs and parts in an amount not -to -exceed $ 300, 000 through June 30, 2022, subject to extension at the approval of City Council, asa sole sourceprovider of repairs to Pierce Equipment.
5. In accordance with Palm Springs Municipal Code Section 7.09.010, " Cooperative Purchasing Programs," award a Contract Service Agreement for Daniels Tire Service, hie., in anamount not -to -exceed $918,750 for a five- year term, subject to extension at the approval of City Council, at the cooperative unit pricing offered under NJPA Sourcewell Agreement # 102517- GTC.
6. Authorize the City Manager to executeall necessarydocuments.
MEETING RECESS:
The City Council recessedat 6:45 p.m. and reconvenedat 7:01 p.m. with all memberspresent.
2. PUBLIC HEARINGS:
A. REDISTRICTING 2021: PUBLIC HEARING REGARDING REDISTRICTING OF
CITY COUNCIL BOUNDARIES AS REQUIRED BY ELECTIONS CODE
SECTION 21601 ET SEQ.
City Clerk Mejia introduced Jim Priest, Elections Expert and Consultant with Best, Best and Krieger, and deferred to him for a report.
Mr. Priest presented the report; discussed the redistricting process, map options, adjustments, incorporating input from the public, staff and City Council and askedthat the focus this evening be on the publicly submitted maps.
Discussion followed regarding Map Option J, conformance to all required criteria, measuring deviations, existing districts compared with Map Option J and significant changes.
Mayor Middleton openedthe public hearing.
David Freedman described details of the map he submitted; addressedobjectives and expressedsupport for Map J with adjustmentsthat areconsistent with the current Council boundaries and comments as discussed.
There were no other public commentsand Mayor Middleton closed the public hearing.
Mayor Pro Tern Garner explained that she requested that all of the Gene Autrey neighborhood be in District 1.
City Clerk Mejia noted doing so would impact 1,600people.
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Councilmember Kors noted the Las Palmas Neighborhood organization line has changed to Tahquitz, west of Palm Canyon.
Mayor Middleton thanked Mr. Mejia, Mr. Priest andthe public for the excellent work.
Councilmember Holstege reported speaking with City Clerk Mejia on this matter.
The City Council provided direction to staff asappropriate.
B. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC DESIGNATION OF " EL DUMPO ADOBE" LOCATED AT 2275 S. ARABY, ( APN 510- 232- 020), AND " THE ARABY ROCK HOUSES" LOCATED AT 2350 ( APN 510- 241- 037), 2500 ( APN 510- 270- 006), 2501( APN 510- 270- 013), 2540 ( APN 510- 270- 024), AND 2550 ( APN 510- 270- 004) SOUTH ARABY DRIVE, CASE HSPB 4128 AND # 129
Deputy City Manager Flynn Fagg narrateda PowerPoint presentationregarding the item.
Discussion followed the property whoseowner objected to the designation, considering the findings andmerits of the case, the need for a public benefit to the designation to override the wishes of aproperty owner, maintenanceandtax benefits to the property owner.
Mayor Middleton openedthe public hearing.
JuneRupp, property owner, 2540 S. Araby Drive, alleged the City doesnot careabout her safety and welfare; stated she is deed restricted and reported she is not ready for her property to be designatedashistoric; listed problems with accessandunsanitary conditions that have not beenaddressedby an adjacentproperty owner andreported there is no sewer to the property.
There were no other public commentsand Mayor Middleton closed the public hearing.
City Ballinger listed the two issuesrelated to accessto the property and the lack of septic services; noted accessinvolves a private dispute betweenher andher neighbor andthe lack of septic servicesby her neighbor is a Code violation that will be addressedby the City.
Councilmember Holstege reported speaking with the property owner regarding this item.
City Attorney Ballinger discussednext stepsin the process.
MOTION BY MAYOR MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
1. Adopt Resolution No. 24981 entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING " EL DUMPO ADOBE" LOCATED AT 2275 SOUTH ARABY DRIVE, AS CLASS 1 ( LANDMARK) City of Palm Springs Page 7
City Council Minutes February 10 2022
HISTORIC RESOURCE HSPB # 128, SUBJECT TO CONDITIONS ( APN 510- 232- 010y,
2. Adopt Resolution No. 24982 entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING " THE ARABY ROCK HOUSES" LOCATED AT 2350 ( APN 510-241- 037), 2500 ( APN 510-270- 006), 2501 ( APN 510- 270- 013), 2540 ( APN 510- 270- 024), AND 2550 ( APN 510- 270- 004)
SOUTH ARABY DRIVE AS CLASS I ( LANDMARK) HISTORIC RESOURCES HSPB # 129, SUBJECT TO CONDITIONS."
3. Direct staff to work with Julie Rupp to addressher codecompliancecomplaintsif under the City' sjurisdiction.
C. VACATION OF A PORTION OF THE PUBLIC RIGHT- OF- WAY OF GRANVIA
VALMONTE LOCATED BETWEEN INDIAN CANYON DRIVE AND VIA
CHICA IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST;
ENGINEERING FILE R 21- 21- 0276
City Engineer Joel Montalvo presenteddetails of the staff report.
Mayor Middleton openedthe public hearing. There were no public comments and Mayor Middleton closed the public hearing.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5- 0, to adopt Resolution No. 24983 entitled, " A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A VACATION AND ABANDONING ALL OF ITS RIGHT, TITLE AND
INTEREST IN A PORTION OF RIGHT- OF- WAY FOR GRANVIA VALMONTE, LOCATED AT 276 GRANVIA VALMONTE, AT THE NW CORNER OF GRANVIA VALMONTE AND VIA CHICA, IN SECTION 11, TOWNSHIP 4, RANGE 4 EAST ENGINEERING FILE R 21- 21- 0276, AND APPROVING A DETERMINATION THAT
THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT ( CEQA)."
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
A. REVIEW OF EMERGENCY ORDERS RELATED TO COVID- 19
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to authorize the City Manager to remove emergencyorders related to COVID- 19, in a phasedapproachand basedon scientific dataand benchmarks.
5. NEW BUSINESS:
A. COLLEGE OF THE DESERT PRESENTATION AND DISCUSSION
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City Council Minutes February 10 2022
This item was deleted from the agenda.
PUBLIC COMMENT: ( Non - Agenda Items) - None
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:
City Manager Clifton discussedthe tentative upcoming meetings schedule; addressedefforts to scheduleItem No. 5A andto reorder the agendato accommodateit and public comments and reiteratedthatItemNo. 5A will be scheduledfor anupcomingmeetingwith ampletimefor public comment.
Discussion followed regarding the rules and proceduresitem.
ADJOURNMENT:
The City Council adjourned at 8:20 p.m.
Respectfully submitted,
4vx,"
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/ 28/ 2022
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