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February 24, 2022Minutes
of theRegularMeeting of theCityCouncilof
theCityof PalmSpringsPursuant
to AssemblyBill 361 this meetingwas conductedby teleconferenceand therewas no in -personpublic accessto themeetinglocation. CK; 7 I CIZI]'71 Chi A
RegularMeeting of thePalmSpringsCity Councilwas calledto orderby MayorMiddletonon Thursday, February 24, 2022, at 5: 30p. m. 19110111"
Die] y11111151"A. 1 9) A Mayor
Middletonled the Pledgeof Allegiance. ROLL
CALL: Present:
Councilmembers Christy Holstege, Geoff Kors, DennisWoods; Mayor Pro TernGrace Elena Garner; and MayorLisa MiddletonAbsent:
None. City
Staff Present:
Justin Clifton, City Manager; Teresa Galavan, Assistant City Manager, Jeffrey Ballinger, City Attorney; and AnthonyJ. Mejia, City Clerk, were presentat RollCall. Other staff memberspresentedreports or respondedto questionsas indicatedin theminutes.
PRESENTATIONS:
PRESENTATION
OF A PROCLAMATIONIN RECOGNITIONOF COVID-19 MEMORIAL
DAY ( Mayor Middleton) PRESENTATION
OF A PROCLAMATIONTO ANTHONYMEJIA, CITY CLERK Mayor
Middleton) REMEMBRANCE
FOR CHARLESDUNN, PAST PALM SPRINGS SENIOR INSPIRATION
AWARD HONOREE (Mayor Middleton) ACCEPTANCE
OF THE AGENDA: MOTION
BY COUNCILMEMBER _, SECOND BY COUNCILMEMBER _, CARRIED 5- 0, to remove Consent Calendar Item Nos. _ for separatediscussion. REPORT OF CLOSEDSESSION:
City Council Minutes February 24. 2022
TheRegularClosedSessionoftheCityCouncilofFebruary24, 2022, wascalledtoorderby MayorMiddletonat3:30p.m., with all memberspresent.
ThemeetingconvenedintoClosedSessiontodiscussthefollowingitemsaslistedontheRegular Closed SessionMeeting Agenda:
CONFERENCE WITH LEGAL COUNSEL — MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuantto Government CodeSection 54956.9(d)(2):
Three (3) mattersthat, underthe existingcircumstances, the City Attorneybelievescreates significant exposure to litigation.
Letters from Rod Pacheco, Pacheco & Neach, dated May 17, 2021, September 27, 2021, andOctober29, 2021, regardingFrankBogertstatue.
CONFERENCEWITH LEGAL COUNSEL — DISCUSSIONTO CONSIDERINITIATION OF LITIGATION, Pursuant to Government Code Section 54956. 9(d)(4):
Underexistingfactsandcircumstances, therearesix (6) matterstheCityCouncilhasdecided or may decide to initiate litigation.
CONFERENCE WITH LABOR NEGOTIATOR, Pursuantto Government CodeSection 54957.6:
City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Human Resources Director
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
CityAttorneyBallingerreportedthattheCity Councilreceivedbriefingsandprovideddirection to staffregardingtheagendizedClosedSessionItemsbut didnot takeanyreportableaction.
PUBLIC TESTIMONY:
1. Bill Rutan
2. Amado Salinas
3. Lauren Labaran
4. Dawn Mills
5. David Wynor
6. Stephanie Martin
7. Dan Rasi
8. David Christian
9. Scott Williams
10. Doug Evans
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City Council Minutes February 24, 2022
11. Gloria Thompson
12. Gary Holland
13. Bobby Gray
14. Susan Smith
15. Brad Ward
16. Sue LeFevre
17. Norm King
18. Steve Braft
19. Marjorie Holland
20. Danna Hayes
21. Ben Mayfield
22. Tristan Milanovich
23. Julie Buller
24. Delia Ruiz
25. Donna Sturgeon
26. Andrew Starky
27. Keith Zable
28. Janelle Hyman
29. Dottie Wilder
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER' S COMMENTS AND REPORTS:
1. CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to approve the consent calendar, with the removal of Item Nos. _ for separate discussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER_, SECOND BY COUNCILMEMBER_, CARRIED 5-0, to find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommendedmeasuresto promote social distancing, and asaresult, 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 AMENDMENT NO. 2 TO CONTRACT SERVICES
AGREEMENT WITH ACE PARKING MANAGEMENT, INC.
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
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City Council Minutes February 24 2022
1. Approve Amendment No. 2 to the Contract Services Agreement with Ace Parking Management, Inc. for parking enforcementmanagementservices, exercising the final two-year term extension option, in an amount not to exceed $180,732.
2. Authorize the City Manager to executeall necessarydocuments.
C. APPROVAL OF AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021- 22
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
1. Adopt Resolution No. 24985 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021- 2022, ADOPTED BY RESOLUTION NO. 24912."
2. Authorize the City Manager to executeall necessarydocuments.
D. APPROVAL OF AGREEMENT BETWEEN THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS ( CVAG) AND THE CITY OF PALM
SPRINGS FOR THE TRANSFER OF PRIVATE DEVELOPER FUNDS TO CVAG
RELATING TO CONSTRUCTION OF THE CV LINK PROJECT WITHIN PALM
SPRINGS
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
1. Approve an Agreement by and between the City of Palm Springs and the Coachella Valley Association of Governments ( CVAG) to allow for the transfer of $ 1,063, 044 private developer funds to CVAG relating to the construction of the CV Link project adjacent to Tract 32233 ( the Escena Project, or " Bscena") and Tract 31848 ( the Miralon Project, or " Miralon").
2. Authorize the City Manager to execute all necessary documents.
E. ACCEPTANCE OF DONATION FROM PAUL E. SCHEHBNER AND IRENE M.
SCHEIBNER REVOCABLE TRUST IN THE AMOUNT OF $ 25, 000 FOR PALM
SPRINGS PUBLIC LIBRARY TRUST FUND
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
1. Approve the acceptance of a donation award from the Paul E. Scheibner and Irene M.
Scheibner Revocable Trust in the amount of $ 25,000.
2. Authorize the City Manager to execute all necessary documents.
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City Council Minutes February 24, 2022
F. APPROVAL OF PARCEL MAP 38247 FOR A 122- UNIT APARTMENT DEVELOPMENT (" LIVING OUT") AT 1122 EAST TAHQUITZ CANYON WAY
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to adopt Resolution No. 24986 entitled, " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 38247 FOR KOAR PALM SPRINGS, LLC A
DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 1122 EAST TAHQUITZ CANYON WAY, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST."
G. APPROVAL OF AN AMENDED AND REINSTATED ENCROACHMENT
AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS
FOR A VEHICULAR ENTRANCE GATE TO THE TAHQUITZ VISITOR
CENTER WITHIN THE WEST END OF THE MESQUITE AVENUE PUBLIC RIGHT- OF- WAY IN SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST, ENGINEERING FILE EA 22- 01- 0500
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
1. Adopt Resolution No. 24987 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDED
AND REINSTATED ENCROACHMENT AGREEMENT WITH THE AGUA
CALIENTE BAND OF CAHUILLA INDIANS FOR A VEHICULAR ENTRANCE
GATE TO THE TAHQUITZ VISITOR CENTER WITHIN THE WEST END OF MESQUITE AVENUE PUBLIC RIGHT- OF- WAY IN SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST, ENGINEERING FILE EA 22- 01- 0500, AND
APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
CEQA)."
2. Authorize the City Manager to executeall necessarydocuments.
H. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS PUBLIC
EMPLOYEES' ASSOCIATION OF PALM SPRINGS
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
1. Adopt Resolution No. 24988 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 PUBLIC EMPLOYEES' ASSOCIATION OF PALM
SPRINGS FOR THE PERIOD OF JULY 1, 2021, THROUGH JUNE 30, 2023, City of Palm Springs Page 5
City Council Minutes February 24 2022
SUBJECT TO ASSOCIATION EXECUTING THE MEMORANDUM OF
UNDERSTANDING.
2. Authorize the City Manager to executethe Memorandum of Understanding (MOU) andall documentsnecessaryto effectuatethe aboveaction, including the allocation and compensation plans, agreements and contracts, and any non -substantial MOU language or reorganization.
I. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING SUBMITTAL OF A NOTIFICATION OF
INTENT TO COMPLY WITH SENATE BILL 1383 REGULATIONS
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to adopt Resolution No. 24989 entitled, " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING SUBMITTAL OF A NOTIFICATION OF INTENT TO COMPLY WITH SENATE BILL 1383 REGULATIONS."
J. FORMAL CITY COUNCIL ACCEPTANCE OF THE 2021 SEWER
COLLECTION SYSTEM REPAIRS, CITY PROJECT NO. 21- 18, IS REQUIRED
TO DOCUMENT THE COMPLETION OF THE PUBLIC WORKS
IMPROVEMENTS AND TO ALLOW THE CITY' S FILING OF A NOTICE OF
COMPLETION WITH THE RIVERSIDE COUNTY RECORDER IN
ACCORDANCE WITH SECTION 9200 OF THE CALIFORNIA CIVIL CODE
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
1. Accept the public works improvement identified as 2021 Sewer Collection System Repairs, City Project No. 21- 18 (" Project"), ascompleted in accordancewith the plans and specifications.
2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for 2021 Sewer Collection System Repairs, City Project No, 21- 18.
K. APPROVE AMENDMENT NO. 2 TO CONCESSION LEASE AGREEMENT NO.
A5855 WITH LAMAR AIRPORT ADVERTISING COMPANY
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
1. Approve Amendment No. 2 to Agreement No. A5855 with Lamar Airport Advertising Company for a one-year contract services agreement extension from April 1, 2022, through March 31, 2023.
2. Authorize the City Manager or his designeeto executeall necessarydocuments.
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City Council Minutes February 24, 2022
L. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JANUARY 1 THROUGH JANUARY 31, 2022
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to receive and file the report of Staff Authorized Agreements and PurchaseOrders for the period of January 1through January31, 2022.
EXCLUDED CONSENT CALENDAR:
2. PUBLIC HEARINGS:
A. REDISTRICTING 2021: PUBLIC HEARING REGARDING REDISTRICTING OF
CITY COUNCIL BOUNDARIES, ADOPTION OF A DISTRICT BOUNDARIES
MAP, AND INTRODUCTION OF AN ORDINANCE ADJUSTING ELECTION
DISTRICT BOUNDARIES AS REQUIRED BY ELECTIONS CODE SECTION 21601 ET SEQ
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5- 0, to introduce Ordinance No. 2060 entitled, " AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 2. 02. 005( B) REGARDING BY - DISTRICT
ELECTIONS, ADJUSTING THE BOUNDARIES OF CITY COUNCIL ELECTION
DISTRICTS AND CONFIRMING SUCH REVISED COUNCIL DISTRICT
BOUNDARIES, AS REFLECTED IN THE ATTACHED MAP."
B. AN APPLICATION BY CHARLES AND PATRICIA STUMPF, OWNERS, FOR HISTORIC DESIGNATION OF " THE WILLIAM PURCELL RESIDENCE" LOCATED AT 252 OCOTILLO DRIVE, ( APN # 508- 292- 013), CASE HSPB 9141
MOTION BY MAYOR PRO TEM, SECOND BY COUNCILMEMBER KORS,
CARRIED 5- 0, to adopt Resolution No. 24990 entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING " THE WILLIAM PURCELL RESIDENCE" LOCATED AT 252 OCOTILLO DRIVE, AS CLASS 2 ( HISTORIC MERIT) HISTORIC RESOURCE HSPB # 141, SUBJECT TO CONDITIONS ( APN 508- 292- 913)."
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
A. DISCUSSION OF THE USE OF FIREWORKS WITHIN THE CITY OF PALM
SPRINGS
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City Council Minutes February 24 2022
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 3- 2, NOYES COUNCILMEMBER KORS AND MAYOR
MIDDLETON to:
1. 5. NEW BUSINESS:
A. COMMUNITY DEVELOPMENT BLOCK GRANT ( CDBG) 2022- 2023 ANNUAL
ACTION PLAN AND BUDGET DISCUSSION
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to CDBG Annual Action Plan (AAP) is preparedby the City every year pursuant to requirements set forth by the Department of Housing and Urban Development (HUD), which mandatethat units of government receiving federal housing and community development assistance must prepare an AAP as part of the implementation of the Five Year Consolidated Plan ( ConPlan) which serves as the blueprint for community development activity in the City. At this time, Staff is seeking input from the City Council regarding the Annual Action Plan and CDBG Budget for the 2022-2023 fiscal year.
B. FISCAL YEAR 2020- 21 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM
SPRINGS
By consensus, the City Council agreed to receive and file Fiscal Year 2020- 21 Financial Audit Reports to receive and file the following Financial Audit Reports for fiscal year June 30, 2021:
a. Comprehensive Annual Financial Report ( CAFR)
b. Audit Communication letter to the City Council
c. Internal Control and Compliance letter to the City Council d. Passenger Facility Charge ( PFC) Report
e. Housing Successor Audit Communication letter to the City Council f. Public Financing Authority Financial Statements.
g. MeasureJ Fund Report Annual Financial Report
h. Measure D Independent Accountant' s Agreed Upon Procedures i. Measure A Independent Accountant' s Agreed Upon Procedures ( Conrad CPA Firm) C. APPEAL OF HISTORIC SITE PRESERVATION BOARD ACTION APPROVING
A CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS TO THE PALM SPRINGS CITY HALL, A CLASS 1 ( LANDMARK) HISTORIC SITE LOCATED AT 3200 EAST TAHQUITZ CANYON WAY — REMOVAL OF FRANK BOGERT STATUE, ( RSPB # 33D/ CASE 3. 3377)
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5- 0, to Resolution No. 24991 entitled, " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING City of Palm Springs Page 8
City Council Minutes February 24, 2022
AN APPEAL OF HISTORIC SITE PRESERVATION BOARD ACTION APPROVING
A CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS TO THE PALM SPRINGS CITY HALL, A CLASS 1 ( LANDMARK) HISTORIC SITE LOCATED AT 3200 EAST TAHQUITZ CANYON WAY — REMOVAL OF FRANK BOGERT STATUE, ( HSPB # 33D/ CASE 3. 3377)."
D. REVISED CITY COUNCIL RULES OF PROCEDURE
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to adopt Resolution No. 24992 entitled, " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE CITY COUNCIL RULES OF PROCEDURE."
PUBLIC COMMENT:
NONE.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:
CITY MANAGER PRESENTED AGENDA DATES.
ADJOURNMENT:
The City Council adjourned at 10:20 p.m.
Respectfully submitted,
AU /
fl—
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/ 28/ 2022
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