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Thursday, May 12, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuantto Assembly Bill 361 this meeting was conducted, in part, by teleconference.
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Thursday, May 12, 2022, at 5:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Middleton led the Pledge of Allegiance.
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 presentat Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS:
PRESENTATION: RIDE OF SILENCE
ACCEPTANCE OF THE AGENDA:
By consensus, the City Council accepted the agenda with the removal of Consent Calendar Item No. 1M for separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Sessionof the City Council of May 12, 2022, was called to order by Mayor Middleton at 2:30 p.m., with all memberspresent.
The meeting convenedinto Closed Sessionto discussthe following items aslisted on the Regular Closed SessionMeeting Agenda:
City Council Minutes May 12 2022
CONFERENCE WITH LEGAL COUNSEL — MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956. 9(d)( 2):
Three (3) mattersthat, in the opinion of the City council on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City.
CONFERENCE WITH LEGAL COUNSEL — DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956. 9( d)( 4):
Under existing facts and circumstances, there are two ( 2) matters the City Council has decided or may decide to 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 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 EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957:
City Employee: City Manager
City Employee: City Attorney
PUBLIC TESTIMONY:
Larza Vickland
Carl Lenzer
Matthew Shuck
Kelly Vickland
Tempe Essel
Jeff Jones
Laura Slipheck
Brittney Tom
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER' S COMMENTS AND REPORTS: None.
1. CONSENT CALENDAR:.
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City Council Minutes May 12, 2022
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to approve the consent calendar, with the removal of Item Nos. 1M for separate discussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION: Find thattheCity Councilhasconsideredthecircumstancesof 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 meetingswill beheld by videoconference, in accordancewith AB 361.
B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF APRIL 1 THROUGH APRIL 30, 2022
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to Receive and file the report of Staff Authorized Agreements andPurchaseOrders for the period of April 1 through April 30, 2022.
C. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH EPLUS TECHNOLOGY, INC. FOR NETWORK SWITCHES AND SUPPORT SERVICES
FOR THE PALM SPRINGS INTERNATIONAL AIRPORT IN AN AMOUNT NOT TO EXCEED $ 340, 434. 55
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
1. Approve a Contract Services Agreement A9094 with ePlus Technology, Inc., a Virginia corporation, to provide Cisconetwork switchesand supportservicesfor a three-year term in an amount not to exceed $340,434.55 beginning May 16, 2022, through May 15, 2025.
2. Authorize the City Manager to executeall necessarydocuments.
D. AWARD OF SERVICE AGREEMENT TO TOWNSEND PUBLIC AFFAIRS INC.
FOR GRANT WRITING AND LEGISLATIVE ADVOCACY SERVICES
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
1. Approve a one-year Contract ServicesAgreement with Townsend Public Affairs Inc.in anamount not to exceed $69,000 per year, with the option of two one-year renewals.
2. Authorize the City Manager or his designee to execute the agreement and any subsequent renewals
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City Council Minutes May 12 2022
E. APPROVE AGREEMENT A9067 WITH TRANSCORE HOLDINGS, LLC DBA
TRANSCORE LP FOR THE PURCHASE OF AN AUTOMATED VEHICLE
IDENTIFICATION SYSTEM FOR THE PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
1. Approve Agreement No. A9607 with TransCoreHoldings, LLC dba TransCore LP to provide an Automated Vehicle Identification system at the Palm Springs International Airport in the amountof $611,122for athree-yeartermbeginningon May 16, 2022, andendingon May 15, 2025. This amountconsistsof an initial $479,249 purchase price for the system and maintenancesupport for Year One at $10,192; Year Two at 59, 332; and Year Three at $ 62, 349.
2. Authorize the City Manager or Designeeto executeall documents.
F. APPROVE A ONE- YEAR AGREEMENT WITH WAXIE' S ENTERPRISES, LLC
TO PROVIDE JANITORIAL SUPPLIES AND EQUIPMENT REPAIR SERVICES
TO THE PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
1. Approve Contract Service Agreement A9089 with Waxie' s Enterprises, LLC to provide janitorial supplies and janitorial equipment repairs to the Palm Springs International Airport for a one-year term in an amount not to exceed $210,000, beginningMay 16, 2022, andendingMay 15, 2023
2. Authorize the City Manager or his designeeto executeall necessarydocuments.
G. APPROVE A THREE- YEAR AGREEMENT A9108 WITH PROFESSIONAL
ASBESTOS REMOVAL CORPORATION, DBA PARC ENVIRONMENTAL, FOR
ABATEMENT AND REMEDIATION SERVICES
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
1. Approve Contract Service Agreement No. A9108 with Professional Asbestos Removal Corporation dba PARC Environmental to provide abatementand remediation services for a three-yearterm in anamountnot to exceed $150,000beginningMay 16, 2022, through May 15, 2025, with two one-year extensionoptions at the City' s sole discretion.
2. Authorize the City Manager or his designeeto executeall necessarydocuments.
H. AWARD A CONSTRUCTION CONTRACT TO STEVE P. RADOS, INC. IN THE AMOUNT OF $ 15, 905, 500, FOR THE WASTEWATER TREATMENT PLANT City of Palm Springs Page 4
City Council Minutes May 12, 2022
WWTP) DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20- 25 AND 21- 07
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
1. Award a construction contract to Steve P. Rados, Inc. in the amount of $ 15,905, 500 for the WWTP Digester No. 2 Gas Flare and Filtrate Pump Station project, City Project No. 20- 25 and 21- 07.
2. Authorize the City Manager to approve a task order in an amount not to exceed 881,143 with Stantec, an `on -call' firm, for wastewater engineering services during construction.
3. Authorize the City Manager to approve aprofessional servicesagreementin anamount not to exceed $ 1,246,123.14 with MWH Constructors, an engineering firm, for construction management and inspection services.
4. Authorize the City Manager or his designeeto executeall necessarydocuments.
I. REQUEST BY THE GEDDES- CHRISTENSEN FAMILY TRUST, OWNER, FOR
APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 360 CABRILLO ROAD UNIT 109, A CONTRIBUTING
STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC
DISTRICT ( APN # 504- 131- 055), ( RSPB # 88 / HD- 3)
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, The Geddes -Christensen Family Trust, and the Racquet Club Cottages West 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 J. APPROVAL OF A SEWER CONNECTION EXEMPTION FOR THE PROPERTY LOCATED AT 803 STEVENS ROAD IN ACCORDANCE WITH CHAPTER
15. 14. 010 OF THE PALM SPRINGS MUNICIPAL CODE
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to approve an exemption for the requirement to connect to the public sewer system for the property located at 803 Stevens Road, in accordance with Chapter 15. 14. 010 of the Palm Springs Municipal Code and Resolution No. 20650, subject to a requirement to execute a Sewer Covenant obligating connection to the public sewer when available in the future.
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City Council Minutes May 12 2022
K. REJECT ALL BIDS RECEIVED FOR THE HIGHWAY SAFETY
IMPROVEMENT PROGRAM ( CYCLE 8), FEDERAL AID PROJECT NO.
HSIPLN- 5282( 047), CITY PROJECT NO. 16- 18
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
1. Reject the bids received on February 1, 2022, for the Highway Safety Improvement Program (Cycle 8), FederalAid Project No. HSIPLN- 5282(047), City Project No. 16- 18 2. Authorize Staff to re -bid the Project.
L. TRANSFER OF 1974 CESSNA 182 SKYLANE AIRCRAFT TO THE PALM
SPRINGS POLICE AERO SQUADRON
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
1. Authorize the transfer of 1974 Cessna 182 Skylane, tail number N47PS, to the Palm Springs Police Aero Squadron mendment No. 1 to the contract services agreement with Vohne Liche Kennels, Inc., for police canine acquisition, training, andcertification.
2. Authorize the City Manager to executeall necessarydocuments M. MEMORANDUM OF UNDERSTANDING ( MOU) BETWEEN CITY OF PALM
SPRINGS AND QUEER WORKS, A CALIFORNIA PUBLIC BENEFIT NON-
PROFIT CORPORATION REGARDING THE DUE DILIGENCE PROJECT TO
PURSUE A STATE GRANT FOR A POSSIBLE GUARANTEED INCOME PILOT
PROGRAM
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4- 1 ( MIDDLETON VOTING NO), to review and approve the accompanyingMemorandum of Understanding (MOU) betweenthe City of Palm Springs andQueerWorks, a California public benefit non-profit corporation, asamendedto include the Desert Aids Project.
N. LETTER OF SUPPORT — SAN GORGONIO PASS RAIL CORRIDOR
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to approve the letter of support.
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A. AN APPEAL BY LWSC LLC ( BUILDING OWNER), c/ o PSPC ENTERPRISES LLC, ( dba FUEGO NIGHTCLUB) OF THE DECISION BY THE PLANNING City of Palm Springs Page 6
City Council Minutes May 12, 2022
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 KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3- 1- 1 ( MAYOR MIDDLETON VOTING NO, MAYOR PRO TEM GARNER RECUSED), to continue deliberations on the appeal by LWSC LLC ( Building Owner), c/ o PSPC Enterprises LLC ( dba Fuego Nightclub) to a date certain ( June 30, 2022).
B. AN APPLICATION BY BARBARA AND KEITH KIZZIAH, OWNERS, FOR HISTORIC DESIGNATION OF " THE GILLMAN RESIDENCE" LOCATED AT 574 WEST MARISCAL DRIVE, ( APN # 504- 281- 012), CASE HSPB # 142
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 4- 0- 1 ( MAYOR MIDDLETON ABSTAINED) to:
1. Open the appeal hearing and receive testimony.
2. Close the public hearing and adopt Resolution No. 25005 entitled, " A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING " THE GILLMAN RESIDENCE" LOCATED AT 574 WEST
MARISCAL DRIVE, AS CLASS I ( LANDMARK) HISTORIC RESOURCE HSPB 142, SUBJECT TO CONDITIONS ( APN 504- 281- 012)."
C. REQUEST BY JERRY G. JOHNSON OF V. I. P. MOTOR CARS, LTD. FOR A 12- MONTH REVIEW OF A CONDITIONAL USE PERMIT, CASE 5. 1506 CUP, FOR
THE OPERATION OF AN OFF - SITE VEHICLE STORAGE FACILITY LOCATED AT 4193 EAST MATTHEW DRIVE, ZONE R- 2, SECTION 30 ( CASE
5. 1506 CUP)
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to:
1. Open the public hearing and receive public testimony.
2. Find the development to be in conformance to the Conditions of Approval and receive and file the report without further City Council review.
D. 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
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City Council Minutes May 12, 2022
MOTION BY MAYOR PRO TEM GARNER, SECOND BY MAYOR MIDDLETON, CARRIED 5- 0, to:
1. Open the public hearing and receive public testimony.
2. Adopt Resolution No. 25006 entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2022- 2023
COMMUNITY DEVELOPMENT BLOCK GRANT ( CDBG) ANNUAL ACTION PLAN; APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT
BUDGET FOR FISCAL YEAR 2022- 2023 IN THE AMOUNT OF $ 430, 000;
AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO THE
UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT HUD); AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
APPROVAL/ AGREEMENT WITH HUD — GRANT # B- 22- MC- 06- 0561 IN THE ESTIMATED AMOUNT OF $ 430, 000 AND TO EXECUTE THE SUBRECIPIENT AGREEMENTS"
E. ADOPTION OF ORDINANCE AUTHORIZING A MILITARY EQUIPMENT USE POLICY, AS REQUIRED BY ASSEMBLY BILL 481
MOTION BY MAYOR PRO TEM GARNER, SECOND BY MAYOR MIDDLETON, CARRIED 5-0, to continue the hearing to a date uncertain.
F. ADOPTION OF A RESOLUTION MODIFYING CERTAIN USER FEES,
DEVELOPER FEES, AND CHARGES BY IMPLEMENTING A CONSUMER
PRICE INDEX INCREASE AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2022- 2023
MOTION BY MAYOR MIDDLEON, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0, to:
1. Open the public hearing and receive public testimony.
2. Adopt Resolution No. 25007 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CERTAIN
USER FEES, DEVELOPER FEES, AND CHARGES BY IMPLEMENTING A
CONSUMER PRICE INDEX INCREASE AND ADOPTING THE
COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2022- 2023."
3. BUSINESS & LEGISLATIVE:
A. REVIEW AND DISCUSSION OF CITY BOARDS AND
The City Council provided feedback and direction to staff as appropriate.
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City Council Minutes May 12, 2022
PUBLIC TESTIMONY: NONE
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:
The City Council and City Manager discussedthe tentative meeting schedule; Councilmember Kors requestedthe review of City Council compensationbe agendizedbefore the election of new council members.
ADJOURNMENT:
The City Council adjourned at 9:10 p.m.
Respectfully submitted,
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Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/ 28/ 2022
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