o QALM,,.
Y N
r
IFOCNP•
Thursday, April 21, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuantto AssemblyBill 361this meetingwasconductedby teleconferencein additionto 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, April 21, 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 Tem Grace Elena Garner; and Mayor Lisa Middleton
Absent: None
City Staff
Present: Justin Clifton, City Manager; Teresa Gallavan, Assistant City Manager, Jeffrey Ballinger, City Attorney; and Monique Lomeli, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS:
PRESENTATION OF NATIONAL CRIME RIGHTS WEEK
PRESENTATION OF A PROCLAMATION FOR NATIONAL ARAB AMERICAN HERITAGE MONTH ( Mayor Lisa Middleton)
PRESENTATION OF A PROCLAMATION FOR NATIONAL CRIME VICTIM RIGHTS WEEK. ( Mayor Lisa Middleton)
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0, to accept the agenda with Item No. 3A reordered to be heard first.
City Council Minutes April 21 2022
REPORT OF CLOSED SESSION:
TheRegularClosedSessionof theCity Councilof April 21, 2022, wascalledto orderby Mayor Middleton at 3:30p.m., with all memberspresent. Themeetingconvenedinto ClosedSessionto discussthefollowing itemsaslistedontheRegularClosedSessionMeetingAgenda:
CONFERENCE WITH LEGAL COUNSEL — MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956. 9(d)( 2):
Three (3) mattersthat, undertheexistingcircumstances, theCity Attorneybelievescreate significant exposure to litigation.
CONFERENCE WITH LEGAL COUNSEL — DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956. 9( d)( 4):
Underexistingfactsandcircumstances, therearefour (4) matterstheCity Councilhas decided or may decideto initiate litigation.
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957. 6:
City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, 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 Attorney Ballingerreportedthatthe City Councilreceivedbriefingsandprovideddirection to staff regarding the agendizedClosed SessionItems but did not take any reportable action.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957:
City Employee: City Manager
City Employee: City Attorney
PUBLIC TESTIMONY:
Delia Ruiz
Ron DeHarte
Pastor Carl McPeters
Betty Hall Brown
Larry Holland
Dieter Crawford
Mickey Brown
Michael Eleman
City of Palm Springs Page 2
City Council Minutes April 21, 2022
Gary Holland
Vera Abner
David Weiner
Jason Alvera
Gary Grisele
Jerry Pain
Monroe Mabone
Ben Mayfield
Jeff Jones
Elizabeth Dolores
Kavon Ward
Melissa Flores
Robert Taylor
Betty Mayfield Taylor
Lorinda Adams Sanders
Naomi Soto
David McKnoll
Gloria Holland Thompson
Darius Wright
Lavers Hoyes
Frank Parker
Stephanie Martin
Elizabeth Heather Vicona
Steve Walton
David Hamlin
Gracie Roosely Jenkins
Pearl Deevers
David Feltman
Ronald Rogers
Miriam
Jeff Ball
Alec De La Cruz
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER' S COMMENTS AND REPORTS: None
1. CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0 ( MIDDLETON recused from Item No. 1B), to approve the consent calendar.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION: Find that the City Council has considered the circumstancesof 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 accordancewith AB 361.
City of Palm Springs Page 3
City Council Minutes April 21 2022
B. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0-1 (Middleton recused), to adopt Resolution No. 25003 entitled,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/
DISBURSEMENTS FOR THE PERIOD ENDING 02-19-22 AND 03-05-22 TOTALING 3,735,126.76AND ACCOUNTSPAYABLE WARRANTSDATED 02-17-22AND03- 03- 22 TOTALING $ 6,720, 792. 67, IN THE AGGREGATE AMOUNT OF 10,455, 919.43, DRAWN ON BANK OF AMERICA."
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MARCH 1 THROUGH MARCH 31, 2022
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements andPurchaseOrdersfor the period of March 1 through March 31, 2022 D. REJECT ALL BIDS RECEIVED FOR THE DESERT HIGHLAND BALLFIELD
PROJECT AND AUTHORIZE STAFF TO RE -BID DESERT HIGHLAND
BALLFIELD PROJECT, CITY PROJECT 21- 22
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
1. Reject the bids received on March 2, 2022, for the Desert Highland Ballfreld Project, City Project 21-22.
2. Authorizestaffto re -bid theDesertHighlandBallfield Project, City Project21-22.
E. APPROVAL OF A PURCHASE ORDER TO STANTEC CONSULTING
SERVICES, INC. FOR CONSTRUCTION MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $ 295, 810 FOR THE BOGERT TRAIL SEWAGE LIFT STATION, CITY PROJECT NO. 18- 18
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
1. AuthorizeaPurchaseOrderin anamountnotto exceed $295,810with Stantecpursuant to the City' s " on -call" agreement ( A8564), for construction management services for the Bogert Trail SewageLift Station, City Project No. 18-18.
2. AuthorizetheCity Managerto executeall necessarydocuments F. REQUEST BY STEPHEN NASH AND CYNTHIA NASH, OWNERS, FOR
APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 295 EAST TWIN PALMS DRIVE, A CONTRIBUTING
STRUCTURE IN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT City of Palm Springs Page 4
City Council Minutes Amil 21, 2022
APN 9511- 070- 040), ( RSPB # 73 / HD- 2)
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Stephen Nash, Cynthis Nash and the Royal Hawaiian Estates Homeowners Association.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
G. AWARD A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $ 511, 706 FOR
FOR THE TRAFFIC SIGNAL INSTALLATION, SAN RAFAEL DRIVE, AND AVENIDA CABALLEROS, CITY PROJECT NO. 20- 33
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
Award construction contract to Elecnor Belco Electric, Inc. ( Belco), a California corporation, in the amount of $ 511, 706 for the Traffic Signal Installation, San Rafael Drive and Avenida Caballeros, City Project No. 20- 33.
2. Authorize the City Manager or his designeeto executeall necessarydocuments.
H. AWARD A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $ 638, 881 FOR
THE DESERT HIGHLAND TRAFFIC SIGNAL, INDIAN CANYON DRIVE AND ROSA PARKS ROAD, CITY PROJECT NO. 20- 19
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
Award a construction contract to Elecnor Belco Electric, Inc. ( Belco), a California corporation, in the amount of $ 638, 881 for the Desert Highland Traffic Signal, Indian Canyon Drive andRosaParks Road, City Project No. 20-19.
2. Authorize the City Manager or his designeeto executeall necessarydocuments.
I. APPROVAL OF BOARD AND COMMISSION MEETING MINUTES
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
1. Receive andfile Board and Commission meeting minutes for the month of January and February 2022.
City of Palm Springs Page 5
J. APPROVAL OF AMENDMENT NO. 8 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021- 22
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
Adopt Resolution No. 2.5004 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 8 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021- 2022, ADOPTED BY RESOLUTION NO. 24912." 2 AuthorizetheCity Managerto executeall necessarydocuments.
K. ADOPTION OF ELECTRONIC SYSTEMS AND RECORDS POLICIES
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to approveand adoptthe proposedElectronic SystemsUse Policy, California Public RecordsAct Policy, SanJoseCompliancePolicy, Electronic RecordsRetentionPolicy, andSocialMediaUsePolicy.
L. APPROVE AMENDMENT NO. 1 TO AGREEMENT WITH VOHNE LICHE KENNELS, INC. FOR POLICE CANINE ACQUISITION, TRAINING, AND
CERTIFICATION
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
Approve Amendment No. 1 to the contract services agreement with Volute Liche Kennels, Inc., for police canine acquisition, training, and certification. 2 AuthorizetheCity Managerto executeall necessarydocuments.
M. WAIVER OF FEES RELATED TO THE PALM SPRINGS CULTURAL CENTER
USE OF THE DOWNTOWN PARK FOR AN OUTDOOR SUMMER MOVIE
SERIES
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to authorize the City Manager to waive associatedfees in the amountof $4,186for thePalmSpringsCulturalCenter'suseof theCity' sDowntownPark for the outdoor summer movie series.
N. APPROVE MEMORANDUM OF UNDERSTANDING ACCEPTING GRANT
FUNDS IN THE AMOUNT OF $ 486, 222 FROM THE STATE OF CALIFORNIA
DEPARTMENT OF JUSTICE TOBACCO GRANT PROGRAM
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
1. Accept grant funding in the amount of $ 486,222 from the California Department of City of Palm Springs Page 6
City Council Minutes April 21. 2022
Justice Tobacco Grant Program. Appropriate the grant funding into the FY 2021-22, FY 2022- 23, FY 2023- 24, and FY 2024- 25 budgets.
2 Authorize the City Manager or a designated representative to execute the grant documents, Memorandum of Understanding, and to submit all documents, including, without limitation, contracts, amendments, extensions, and payment requests as appropriateto acceptthe funds under and comply with the conditions of the grant.
3. Grant funds received hereafter shall not be usedto supplant ongoing law enforcement expenditures
I *( y M) 1101ZI1IM& I00 troyA 11DQ117:\ C;
2. PUBLIC HEARINGS:
A AN APPEAL BY LWSC LLC ( BUILDING OWNER), c/ o PSPC ENTERPRISES LLC, ( dba FUEGO NIGHTCLUB) OF THE DECISION BY THE PLANNING
COMMISSION TO DENY A CONDITIONAL USE PERMIT ( CUP) FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN EXISTING 9, 504-
SQUARE FOOT BUILDING WITH ACCOMPANYING OFF- STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD, ( CASE 5. 1544 CUP)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 3- 1- 1 ( MIDDLETON VOTING NO; GARNER RECUSED), to continue to adateuncertain; provided direction to Staff to reevaluateandconduct outreach to neighboring hotels.
R COMMUNITY DEVELOPMENT BLOCK GRANT ( CDBG) 2022- 2023 ANNUAL
ACTION PLAN ( AAP) AND BUDGET ADOPTION HEARING AND
AUTHORIZATION FOR SUBMISSION TO THE UNITED STATES
DEPARTMENT OF HOUSING & URBAN DEVELOPMENT FOR THE FISCAL YEAR 2022- 2023 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 48TH PROGRAM YEAR AND AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY AGREEMENTS
MOTION BY MAYOR MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0 (WOODS EXCUSED), to continue to a date certain (May 12, 2022).
C. ADOPTION OF ORDINANCE AUTHORIZING A MILITARY EQUIPMENTUSE POLICY, AS REQUIRED BY ASSEMBLY BILL 481
RECOMMENDATION:
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to continue to a date certain ( May 12, 2022).
3. BUSINESS & LEGISLATIVE:
City of Palm Springs Page 7
City Council Minutes April 21 2022
A DISCUSSION OF POTENTIAL REPARATIONS PROGRAMS
The City Council discussedreparationsto residentsimpacted by the Section 14 evictions; provided direction to Staff regardingthe exploration of programmatic reparationsand direct monetary compensation.
B REVIEW AND DISCUSSION OF CITY BOARDS AND COMMISSIONS
By consensus, this item was continued to a date uncertain.
C. DISCUSSION AND DIRECTION ON ASSEMBLY BILL AB 2336 — SPEED
SAFETY CAMERAS PILOT PROGRAM
MOTION BY MAYOR MIDDLETON, SECOND BY MAYOR PRO TEM GARNER, CARRIED4-1 (WOODSVOTINGNO), to authorizeparticipationin theStateSpeedSafety Camera pilot program and authorize the issuance of a letter of support to the author( s) of Assembly Bill 2336.
PUBLIC TESTIMONY ( Non - Agenda Items):
David Feltman
Ronald Rogers
Miriam
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:
City Manager Clifton gives updateon upcoming meeting dates.
ADJOURNMENT:
The City Council adjournedat 11:45 p.m.
Respectfully submitted,
N_'&
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/ 28/ 2022
City of Palm Springs Page 8