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Thursday, April 7, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuantto Assembly Bill 361 this meeting was also conductedby teleconference.
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Thursday, April 7, 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; and Mayor Lisa Middleton
Absent: Mayor Pro Tern Grace Elena Gamer
City Staff
Present: Justin Clifton, City Manager; Jeffrey Ballinger, City Attorney; and Monique Lomeli, Interim City Clerk, were presentat Roll Call. Other staff memberspresentedreports or respondedto questionsas indicatedin the minutes.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4- 0, to remove Item 1H from the agenda as requested by staff and accept the agenda.
REPORT OF CLOSED SESSION:
The Regular Closed Sessionof the City Council of April 7, 2022, was called to order by Mayor Middleton at 3:30 p.m., with a quorum present (Garner absent).
The meeting convened into Closed Sessionto discussthe following items aslisted on the Regular Closed SessionMeeting Agenda:
CONFERENCE WITH LEGAL COUNSEL — MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956. 9( d)( 2):
Four (4) mattersthat, under the existing circumstances, the City Attorney believes create significant exposure to litigation.
CONFERENCE WITH LEGAL COUNSEL — DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956. 9( d)( 4):
City Council Minutes April 7 2022
Underexistingfactsandcircumstances, therearefour (4) matterstheCity Councilhas decided or may decide to initiate litigation.
CONFERENCE WITH LABOR NEGOTIATOR, Pursuantto GovernmentCode Section54957.6:
City Negotiators: Justin Clifton, City Manager
JeremyHammond, Deputy City Manager
Stephanie George, Human Resources Director
Andrew Mills, Chief of Police
Peter Brown, Legal Counsel
Employee Organization: Palm Springs Police Officers Association ( PSPOA) Palm Springs Police Management Association ( PSPMA)
City AttorneyBallingerreportedthattheCity Councilreceivedbriefingsandprovideddirection to staffregardingtheagendizedClosedSessionItemsbut did not takeanyreportableaction.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957:
City Employee: City Manager
City Employee: City Attorney
PUBLIC TESTIMONY:
Kathy Wormack
Jane Garrison
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER' S COMMENTS AND REPORTS:
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4- 0, to approve the consent calendar, with the removal of Item 1B for separate discussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION: Find that the City Council has consideredthe circumstancesof thestateof emergencyduringaproclaimedstateof emergency, andstateor local officials haveimposedor recommendedmeasuresto promotesocialdistancing, andasaresult, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings will be held by videoconference, in accordancewith AB 361.
B. CULTURALLY STRONG MURAL PROJECT
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City Council Minutes April 7, 2022
The City Council directed staff to reengage the Public Arts Commission and explore options to integrate the mural project with wayfinding initiatives.
C. APPROVE A NON- EXCLUSIVE OPERATING AND LEASE AGREEMENT
WITH ALCLEAR, LLC DBA CLEAR, FOR BIOMETRIC PASSENGER
SCREENING SERVICES AT THE PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4- 0, to:
1. Approve a Non -Exclusive Operating and Lease Agreement with Alclear, LLC dba CLEAR, consisting of a one-year term from April 1, 2022, to March 31, 2023, with two one-year extension options, generating ayearly spacerent of $ 14,271.96 and $.75 per passengerusing CLEAR biometric screening services. the new 2022 Air Service Incentive Program
2. Authorize the City Manager to execute all documents.
D. APPROVE A SOLE SOURCE AGREEMENT WITH ENVIRONMENTAL
SYSTEMS RESEARCH INSTITUTE ( ESRI) FOR ENTERPRISE GIS SOFTWARE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4- 0, to:
1. Approve a3-year sole sourceagreementwith ESRI in the amount of $38,500 per year, not to exceed $115,500 over 3-year contract period.
2. Authorize the City Manager to executeall necessarydocuments.
E. APPROVAL OF THE FISCAL YEAR 2022/ 2023 SCA 152 SPECIAL ASSESSMENT RATE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4- 0, to:
1. Adopt Resolution No. 24999 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS AND
REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR
COUNTY SERCIVE AREA 152 FOR FISCAL YEAR 2022/ 2023 TO FUND THE
CITY' S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM
NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY' S DRAINAGE AND FLOOD CONTROL SYSTEMS."
F. REQUEST BY JOSEPH MANTELLO AND PAUL MARLOW, OWNERS, FOR
APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR THE DONALD WEXLER RESIDENCE, A CLASS 1
HISTORIC SITE LOCATED AT 1272 EAST VERBENA DRIVE ( APN # 507- 253- 009), ( RSPB # 139)
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City Council Minutes April 7 2022
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4- 0, to:
1. Approve a Mills Act Historic Property PreservationAgreement betweenthe City of Palm Springs and Joseph Mantello and Paul Marlow.
2. Authorize the City Manager to executethe Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
G. REQUEST BY DANIEL E. BRIDGE, OWNER, FOR APPROVAL OF A MILLS
ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE
ALEXANDER HOUSE OF TOMORROW, A CLASS 1 HISTORIC SITE
LOCATED AT 1350 LADERA CIRCLE ( APN # 505- 082- 026), ( RSPB # 136)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4- 0, to:
1. Approve aMills Act Historic Property PreservationAgreement betweenthe City of Palm Springs and Daniel E. Bridge.
2. Authorize the City Manager to execute the Agreement
3. Direct the City Clerk to record the Agreement with the County of Riverside.
H. AWARD CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., IN THE AMOUNT OF $ 2, 723, 329 FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM ( CYCLE 8), FEDERAL AID PROJECT NO.
HSIPLN- 5282( 047), CITY PROJECT NO. 16- 18
This item was removed from the agenda
I. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4- 0, to:
1. Adopt Resolution No. 25000 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 01- 22- 22 AND 02- 05- 22 TOTALING $ 4, 215, 704. 30 AND ACCOUNTS PAYABLE WARRANTS DATED 01- 20- 22 AND 02- 03- 22 TOTALING $ 8, 724, 113. 18, INTHE AGGREGATE AMOUNT OF $ 12, 939, 817. 48, DRAWN ON BANK OF AMERICA." J. APPROVAL OF CONTRACT SERVICE AGREEMENTS WITH LIBCO INC., DBA MAGICAL HOLIDAY DESIGNS; KINCAID INDUSTRIES, INC.;
CALIFORNIA EASY RENOVATIONS, INC.; ALLISON MECHANICAL, INC.; M.
BREY ELECTRIC, INC.; AJ FISTES CORPORATION; VALLEY LOCK AND City of Palm Springs Page 4
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SAFE, INC.; AND AL MILLER & SONS ROOFING CO., INC. IN A TOTAL AMOUNT NOT TO EXCEED $ 2, 823, 450
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4- 0, to:
Approve Contract Services Agreement No. A9078 with Libco Inc., DBA Magical Holiday Designs, a California corporation, to provide holiday decoration installation services for a three-year term in the amount of $ 123,450 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.
2. Approve Contract Services Agreement No. A9071 with Kincaid Industries, Inc., a California corporation, to provide plumbing maintenance and installation servicesfor a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.
3. Approve Contract ServicesAgreement No. A9070 with California EasyRenovations, Inc., a California corporation, to provide building repair and renovation services for a three- year term in the amount of $ 300, 000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.
4. Approve Contract Services Agreement No. A9069 with Allison Mechanical, Inc., a California corporation, to provide HVAC maintenance and installation services for a three-year term in the amount of $ 600, 000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.
5. Approve Contract Services Agreement No. A9068 with M. Brey Electric, Inc., a California corporation, to provide electrical maintenanceandinstallation servicesfor a three- year term in the amount of $ 600, 000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.
6. Approve Contract Services Agreement No. A9079 with AJ Fistes Corporation, a California corporation, to provide painting and wallcovering services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.
Approve Contract ServicesAgreement No. A9065 with Valley Lock and Safe, Inc., a California corporation, to provide locksmith services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one- year optional extensions.
8. Approve Contract Services Agreement No. A9077 with Al Miller & Sons Roofing Co., Inc., aCalifornia corporation, to provide roofing inspection, repair, andinstallation services for a three-year term in the amount of $ 300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.
9. Authorize the City Manager to execute all necessary documents.
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K. SECOND READING AND ADOPTION OF ORDINANCE NO. 2062 APPROVING CASE 5.1521 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ` PLANNED RESEARCH AND DEVELOPMENT PARK' ( M- 1-P) TO ` SINGLE- FAMILY RESIDENTIAL' ( R- 1-C) FOR THE SUBDIVISION OF A 2. 53- ACRE LOT INTO EIGHT ( 8) SINGLE- FAMILY RESIDENTIAL PARCEL FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 3- 0- 1 (Holstege recused) to:
1. Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 2062 entitled, " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1521 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ` PLANNED RESEARCH AND DEVELOPMENT PARK' ( M- 1-P) TO ` SINGLE- FAMILY RESIDENTIAL' ( R- 1- C) FOR THE SUBDIVISION OF A 2. 53- ACRE LOT INTO EIGHT ( 8) SINGLE- FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12."
L. SECOND READING AND ADOPTION OF ORDINANCE NO. 2063 APPROVING
THE ANNUAL UPDATE OF THE PALM SPRINGS ZONING CODE AND
MUNICIPAL CODE ( CASE 5. 1466 ZTA).
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4- 0, to:
1. Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 2063 entitled, " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING AN ANNUAL UPDATE TO THE PALM SPRINGS ZONING CODE ( CASE 5. 1466 ZTA)."
2. PUBLIC HEARINGS:
A. AN APPEAL BY ERIC KRUT OF CARMELITA PROPERTIES LIMITED OF
THE DECISION BY THE PLANNING COMMISSION TO DENY MAJOR
ARCHITECTURAL ( MAJ) AND ADMINISTRATIVE MINOR MODIFICATION AMM) APPLICATIONS, CASE 3. 4215 MAJ AND CASE 7. 1632 AMM, FOR THE CONSTRUCTION OF A 3, 278- SQUARE- FOOT SINGLE- FAMILY RESIDENCE WITH A 10- FOOT FRONT YARD SETBACK AND THE MAXIMUM BUILDING HEIGHT OF 23. 6 FEET ON A 15, 173- SQUARE- FOOT UNDEVELOPED HILLSIDE PARCEL LOCATED AT 310 WEST CRESTVIEW DRIVE, ZONE R- 1- C, SECTION 27 ( CASE 3. 4215 MAJ & CASE 7. 1632 AMM)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 3- 1 (MIDDLETON VOTING NO), to OVERTURN the Planning Commission's decision to deny and approve Major Architectural ( MAJ) and Administrative Minor Modification ( AMM) applications, Case 3. 4215 MAJ and Case
7.1632AMM, for the construction of a 3,278-square-foot single-family residencewith the front yard setback of 10 feet and the maximum building height of 23.6 feet on an City of Palm Springs Page 6
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undevelopedhillside parcel located at 310 West Crestview Drive, Zone R- 1-C, Section27 Case 3. 4215 MAJ & Case 7. 1632 AMM)," with direction to staff to bring forth a revised resolution on a future consent calendar.
B. AN APPEAL BY ERIC KRUT OF CARMELITA PROPERTIES LIMITED OF
THE DECISION BY THE PLANNING COMMISSION TO DENY MAJOR
ARCHITECTURAL ( MAJ) AND ADMINISTRATIVE MINOR MODIFICATION AMM) APPLICATIONS, CASE 3. 4216 MAJ AND CASE 7. 1633 AMM, FOR THE CONSTRUCTION OF A 3, 344- SQUARE- FOOT SINGLE- FAMILY RESIDENCE WITH A 10- FOOT FRONT YARD SETBACK AND THE MAXIMUM BUILDING HEIGHT OF 25. 8 FEET ON A 11, 206- SQUARE- FOOT UNDEVELOPED HILLSIDE PARCEL LOCATED AT 322 WEST CRESTVIEW DRIVE, ZONE R- 1- C, SECTION 27 ( CASE 3. 4216 MAJ & CASE 7. 1633 AMM)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 3-1 (MIDDLETON VOTING NO), to OVERTURN the Planning Commission' s decision to deny and approve Major Architectural ( MAJ) and Administrative Minor Modification ( AMM) applications, Case 3.4216 MAJ and Case
7.1633AMM, for the construction of a 3,344-square-foot single-family residencewith the front yard setback of 10 feet and the maximum building height of 25.8 feet on an undeveloped hillside parcel located at 322 West Crestview Drive, Zone R- 1-C, Section27 Case 3.4216 MAJ & Case7.1633 AMM)" with direction to staff to bring forth a revised resolution on a future consent calendar.
3. BUSINESS & LEGISLATIVE:
A. COLLEGE OF THE DESERT PRESENTATION AND DISCUSSION
Representativesfrom College of the Desert provided an informational presentation regarding the College of the Desert Palm Springs Campus.
B. GIFT TERM SHEET IN THE AMOUNT OF $ 5,000, 000 WITH DAVID LEE FOR
THE RESTORATION OF THE PALM SPRINGS PLAZA THEATRE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 4- 0, to:
1. Approve Gift Term SheetbetweenCity of Palm Springs, The Palm SpringsPlazaTheatre Foundation, andDavid Lee Foundation #2 regardinga Five Million Dollar ($ 5,000,000) Gift for the historic Palm Springs Plaza Theatre.
2. Authorize the City Manager to execute the Term Sheet, as well as a Gift Agreement, consistent with the Term Sheet, in a form acceptableto the City Manager and City Attorney.
C. INCREASE ANNUAL LIMIT FOR HOUSING CONSULTANT SERVICES
AGREEMENT WITH LESAR DEVELOPMENT CONSULTANTS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 4- 0, to:
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1. Authorize the City Manager to increasethe Contract Service Agreement with LeSar DevelopmentConsultantsfor an amountnot to exceed $255,000annuallywith up to three additional years, for a total amount of $875,000.
2. AuthorizetheCity Manageror hisdesigneeto executeall necessarydocuments.
D. 2007 GENERAL PLAN LIMITED UPDATE — A REVIEW OF REVISIONS TO
THE GENERAL PLAN VISION AND PRIORITY STATEMENTS AND THE
DRAFT LAND USE PLAN
Provided direction to staff on proposedVision and Priority statementsfor the 2040 General Plan and proposed Land Use Plan for the 2040 General Plan.
PUBLIC TESTIMONY ( Non - Agenda Items):
PUBLIC TESTIMONY:
Tracey Folk
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:
Councilmember Kors was apart of Eisenhower Health Dedication ceremony.
Mayor Middleton acknowledges that 04/ 08/22 7PM- 8PM FIND Food Bank telethon. Attended SeniorawardsatFantasySpringsCasino. Updatedoneventsattended. Clarifiedprogramsthatare offered to citizens.
TheCity Councilprovidedfeedbackto theCity Managerregardingupcomingagendaitems.
ADJOURNMENT: Themeetingadjournedat 11:00p.m.
Respectfully submitted,
i
Br nda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/28/ 2022
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