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Thursday, May 26, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuantto Assembly Bill 361 this meeting was conductedby teleconference andthere was no in -person public 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, May 26, 2022, at 5:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Middleton led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Dennis Woods; Mayor Pro Tem Grace Elena Garner; and Mayor Lisa Middleton
Absent: Councilmember Geoff Kors.
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 presentedreports or responded to questions as indicated in the minutes.
PRESENTATIONS:
ACCEPTANCE OF THE AGENDA:
By consensus, the City Council agreed, to remove Consent Calendar Item No. 1F for separate discussion and delete Item 1G from the agenda.
REPORT OF CLOSED SESSION:
The Regular Closed Sessionof the City Council of May 26, 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:
CONFERENCE WITH LEGAL COUNSEL — MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956. 9( d)( 2):
City Council Minutes May 26, 2022
Three (3) mattersthat, underthe existing circumstances, the City Attorney believes creates significant exposure to litigation against the City.
Claim No. 22-0903, dated April 27, 2022, filed by Law Offices of Monrow Mahon and Barry J. Bennett, on behalf of Pearl Devers, Survivors & Descendants of Section 14.
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 decidedor 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 Ballinger reported that the City Council received briefings andprovided direction to staff regarding the agendized Closed Session Items but did not take any reportable action.
PUBLIC TESTIMONY:
Russ Ruthie
Brett Anderson
Charley Irvin
Dieter Crawford
Ronald Hansen
Mark McFarland
Dennis Woods
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER' S COMMENTS AND REPORTS: None
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to approve the consent calendar, with the removal of Item No.
IF for separate discussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
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City Council Minutes May 26, 2022
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
MAYOR PRO TEM GARNER, CARRIED 4-0, to find that the City Council has consideredthe circumstancesof the stateof emergencyduring a proclaimed stateof emergency, and stateor local officials have imposed or recommendedmeasuresto promote social distancing, and as a 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 PAYROLL WARRANTS, CLAIMS, AND DEMANDS
RECOMMENDATION
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to Adopt Resolution No. 25022 entitled, " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 03- 19- 22 AND 04- 02- 22 TOTALING $ 3, 854, 225. 41 AND ACCOUNTS PAYABLE WARRANTS DATED 03- 17- 22 AND 03- 31- 22 TOTALING 6,411, 093. 66, IN THE AGGREGATE AMOUNT OF $ 10, 265, 319. 07, DRAWN ON BANK OF AMERICA."
C. TREASURER' S INVESTMENT REPORT AS OF DECEMBER 31, 2021
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to Receive and File the Treasurer' s Investment Report as of December 31, 2021.
D. RESOLUTIONS CALLING THE NOVEMBER 8, 2022, GENERAL MUNICIPAL
ELECTION, ORDERING SERVICES, AND ADOPTING REGULATIONS FOR
CANDIDATE STATEMENTS
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to:
1. Adopt Resolution No. 25008 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS,
AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA AND CITY CHARTER."
2. Adopt Resolution No. 25009 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING THE BOARD
OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO RENDER SPECIFIED
SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022."
3. Adopt Resolution No. 25010 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING REGULATIONS City of Palm Springs Page 3
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FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE
STATEMENTS SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022."
E. ADOPT THE CITY' S FY 2021- 22 INVESTMENT POLICY GOVERNING THE
INVESTMENT OF CITY FUNDS
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to Adopt Resolution No. 25023 entitled, " A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING AN INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS AND SUPERSEDING RESOLUTION NO. 24876", and delegating the City Council' s authority to invest and reinvest public funds, and to sell or exchange securities sopurchased, to the City Treasurerfor oneyear or until earlier revoked by the City Council.
F. TERMINATION OF A CONSTRUCTION CONTRACT ( A9049) WITH SDC ENGINEERING, INC., A CALIFORNIA CORPORATION, FOR THE WWTP BLOCK WALL, CITY PROJECT NO. 21- 11
MOTION BY MAYOR MIDDLETON, SECOND BY MAYOR PRO TEM GARNER, CARRIED 4-0, to Authorizethe City Engineerto issuea Notice of Terminationprior to Expiration of Term per Article 2 of Agreement No. A9049 with SDC Engineering, Inc. for the WWTP Block Wall, City Project No. 21- 11, and requested that staff work with the community to identify appropriate screeningoptions.
G. APPROVE A CONTRACT SERVICES AGREEMENT WITH AMADEUS
AIRPORT IT AMERICAS, INC. TO PROVIDE A COMMON/ SHARED USE
PASSENGER PROCESSING SYSTEM FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT BOARDING GATES
At the request of Staff, this item was deleted from the agenda.
H. APPROVE CONTRACT SERVICES AGREEMENT NO. A9117 WITH AVIATRIX
COMMUNICATIONS, LLC FOR AIRPORT BRAND AND WEBSITE
DEVELOPMENT SERVICES
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to Approve Contract Services Agreement No. A9117 with Aviatrix Communications, LLC of San Diego, California, in the amount of $ 149, 000. 2) Authorize the City Manager or his designeeto executeall necessarydocuments.
I. APPROVAL OF SUPPLEMENT NO. 1 TO THE MEMORANDUM OF
UNDERSTANDING FOR THE COACHELLA VALLEY SALT AND NUTRIENT
MANAGEMENT PLAN)
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to:
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1. Approve SupplementNo. 1 to the Memorandum of Understanding to implement the CoachellaValley Salt andNutrient Management Plan Workplan.
2. Authorize the City Manager to executeall necessarydocuments.
J. APPROVAL OF ALL - WAY STOP INTERSECTIONS AT TWO LOCATIONS
WITHIN THE CITY OF PALM SPRINGS
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to Adopt Resolution No. 25024 entitled, " A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE CITY ENGINEER TO ESTABLISH AN ALL - WAY STOP
CONTROLLED INTERSECTION AT EAST MESQUITE AVENUE & SOUTH
CERRITOS DRIVE AND EL CIELO ROAD & EAST SONORA ROAD, IN ACCORDANCE WITH SECTION 12. 16. 030 OF THE PALM SPRINGS MUNICIPAL CODE."
K ADOPT A RESOLUTION IDENTIFYING THE PROJECTS TO BE FUNDED BY SENATE BILL 1 ( SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, FOR FISCAL YEAR 2022- 23
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to Adopt Resolution No. 25011 entitled, " A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022- 23 FUNDED BY SENATE BILL 1 ( SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017."
L. RESOLUTION ACCEPTING THE FIRE DEPARTMENT' S REPORT ON
COMPLIANCE WITH STATE INSPECTION MANDATES PURSUANT TO SB 1205
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to:
1. Adopt Resolution No. 25025 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE - CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING THE FIRE
DEPARTMENT' S REPORT ON COMPLIANCE WITH STATE INSPECTION MANDATES.
2. Authorize the City Manager to execute all necessary documents.
M. ADOPTION OF AMENDED SERVICES AGREEMENT BETWEEN THE CITY
OF PALM SPRINGS AND FIRE RECOVERY USA, LLC, FOR COLLECTION OF
FEES FOR SERVICES PROVIDED BY FIRE DEPARTMENT PERSONNEL
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to
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1. Adopt anamendedServicesAgreement betweenthe City of Palm Springs ("City") and Fire Recovery USA, LLC (" Fire Recovery"), to enable Fire Recovery to assist the Fire Department with billing servicesasrelatedto fire inspectionsand/or permits performed by Fire Department personnel.
2. Authorize the City Manager to executeall necessarydocuments.
2. PUBLIC HEARINGS:
A. DELINQUENT WASTE DISPOSAL CHARGES
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 4- 0, to Adopt Resolution No. 25026 entitled, " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT
AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION."
B. AN APPEAL BY GEORGE YOUSEF ( DBA PALM SPRINGS CAR WASH) OF
THE DECISION BY THE PLANNING COMMISSION TO DENY A
CONDITIONAL USE PERMIT ( CUP) TO ALTER THE HOURS FOR OFF - PREMISES ALCOHOL SALES IN A RETAIL STORE LOCATED AT 300 NORTH INDIAN CANYON DRIVE, ZONE REO, SECTION 14 ( CASE 5. 1461 CUP)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 3- 1 ( COUNCILMEMBER WOODS VOTING NO), to:
1. Openthe public hearing and receive public testimony
2. Closethe public hearing and adopt Resolution No. 25027 entitled, " A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE APPEAL BY GEORGE YOUSEF, ( DBA PALM SPRINGS CAR
WASH) OF THE PLANNING COMMISSION' S DENIAL DECISION AND
APPROVING A CONDITIONAL USE PERMIT ( CUP) TO ALTER THE HOURS
FOR OFF - PREMISES ALCOHOL SALES IN A RETAIL STORE LOCATED AT 300 NORTH INDIAN CANYON DRIVE, ZONE REO, SECTION 14. ( CASE 5. 1461 CUP)."
3. BUSINESS & LEGISLATIVE:
A. APPROVAL OF A CITY - SPONSORED LUNCHTIME PROGRAM FOR YOUTH
AND YOUNG ADULTS
MOTION BY MAYOR PRO TEM GARNER, SECOND BY MAYOR MIDDLETON, CARRIED 4- 0, to:
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1. Approve a City -sponsoredlunchtime program for youth andyoung adults in Palm Springs.
2 Authorize the City Manager to execute all documents.
B. ADOPTION OF ORDINANCE AUTHORIZING A MILITARY EQUIPMENTUSE POLICY, AS REQUIRED BY ASSEMBLY BILL 481
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 4-0, to Introduce by title only and waive further reading of an Ordinance entitled, " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING PALM SPRINGS POLICE
DEPARTMENT POLICY NO. 709, IN ACCORDANCE WITH ASSEMBLY BILL 481," as amended.
C. ADOPTION OF ORDINANCE AMENDING CHAPTER 1. 06 OF THE PALM
SPRINGS MUNICIPAL CODE ( COMMUNITY IMPROVEMENT AND
ADMINISTRATIVE CITATIONS) AND SECTION 11. 72. 200 OF THE PALM
SPRINGS MUNICIPAL CODE ( COMMENCEMENT OF ABATEMENT
PROCEEDINGS)
MOTION BY MAYOR MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4- 0, to continue to a date uncertain.
D. APPROVAL OF THREE TRAFFIC CALMING REQUESTS IN THE AMOUNT OF $ 250, 000 AND AUTHORIZATION TO PURCHASE AND IMPLEMENT
TRAFFIC CALMING MEASURES
MOTION BY MAYOR MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4- 0, to Approve the following traffic - calming requests:
a. Desert Highland Gateway Estates Neighborhood: Installation of two sets of rubberized speed cushions (" speed humps"), associated signage, and striping on Eastgate Road between Tramview Road and Rosa Parks Road; b. Melody Ranch Neighborhood: Installation of two electronic speed feedback signs, one on the north side and one on the south side of Seven Lakes Drive, between Cherokee Way and Gene Autry Trail; and
MOTION BY MAYOR PRO TEM GARNER, SECOND BY MAYOR MIDDLETON, CARRIED 3- 0 (WOODS RECUSED), to Approve the following traffic - calming requests:
C. Little Tuscany Neighborhood: Modification of existing traffic -calming devices from temporary to permanentchicanesusing raisedcurbs, and appropriate signage.
Or, alternatively, approve installation of three roundabouts as preferred by the neighborhood workgroup. The permanent design of chicanes would be done through one of the City' s on -call Traffic Engineering Consultants with community City of Palm Page 7
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larger -scalecapital improvement projects.
E. INITIAL REVIEW OF A MODIFIED FRANCHISE AGREEMENT FOR SOLID
WASTE COLLECTION SERVICES BETWEEN THE CITY OF PALM SPRINGS The City Council provided direction to staff as appropriate.
PUBLIC TESTIMONY ( Non - Agenda Item): None.
ADJOURNMENT:
The City Council adjourned at 10:30 p.m.
Respectful) bmitt ,
Brenda ree, C, CERA
City Clerk
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