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Thursday, June 30 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, June 30, 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 Tern 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:
4hof JulyeventsthroughouttheCityfromJasmine
ACCEPTANCE OF THE AGENDA:
By consensus, the City Council voted to remove Consent Calendar Item No. 10 for separate discussion, delete Item No. 1Bfrom the agenda, and reorder Item No. 2C to be heard after consent.
REPORT OF CLOSED SESSION:
The Regular Closed Sessionof the City Council of June 30, 2022, was called to order by Mayor Middleton at 3:30 p.m., with all memberspresent.
The meeting convened into Closed Session to discuss the following items as listed 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 June 30 2022
Three (3) mattersthat, intheopinionoftheCitycouncilontheadviceoftheCityAttorney, basedonexistingfactsandcircumstance, thereis significantexposureto litigationagainstthe City.
LetterfromMimi Bradly, WalterClarkLegalGroup, datedMay 17, 2022, on behalfof Jesus R. and Victoria R. Magana
CONFERENCE WITH LEGAL COUNSEL — DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956. 9(d)( 1):
Under existingfacts andcircumstances, thereare two (2) mattersthe City Council has decidedor may decide to initiate litigation.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54957. 6
Zeferino Rodriguez v. City of Palm Springs, WCAB No. ADJ11763719 Friendsof Mayor Frank Bogert v. City of Palm Springs, Riv. Ct. CaseNo.
CVPS2201657
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956. 8
Property Description: 2990E. TahquitzCanyonWay (APN: 502-143-004) Palm Springs, CA
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Tahquitz Housing Associates, LP
Under Negotiation: PriceandTermsof Paymentfor RealPropertyCovenants PUBLIC TESTIMONY:
Dan Spencer
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER' S COMMENTS AND REPORTS: None.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to approve the consent calendar, with the removal of Item No. 10 for separate discussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to find thatthe City Councilhasconsideredthe circumstancesof City of Palm Springs Page 2
City Council Minutes June 3 0. 2022
the stateof emergencyduring a proclaimed stateof emergency, and stateor local officials haveimposed or recommendedmeasuresto promote social distancing, and as aresult, the Palm City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361 B. CONSIDERATION OF AUTHORIZING LETTERS OF OPPOSITION TO ASSEMBLY BILL NOS. 1778, 2237, AND 2438 TO THE SENATE COMMITTEE
ON TRANSPORTATION
This item was deleted from the agenda.
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 2022
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to Receive and file the report of Staff Authorized Agreements and PurchaseOrdersfor the period of May 1 through May 31, 2022.
D. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS POLICE
MANAGEMENT ASSOCIATION
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
Adopt Resolution No. 25028 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 PALM SPRINGS POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2025, SUBJECT TO ASSOCIATION' S EXECUTING THE MEMORANDUM OF UNDERSTANDING."
2. Authorize the City Manager to executethe Memorandum of Understanding (MOU) andall documentsnecessaryto effectuatethe aboveaction, including the allocation andcompensationplans, agreementsandcontracts, andanynon -substantialMOU language or reorganization
E. TREASURER' S INVESTMENT REPORT AS OF JANUARY 31, 2022
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to Receive and File Treasurer's Investment Report as of January 31, 2022.
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F. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to Adopt Resolution No. 25030 entitled, " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 05- 14-22 AND 05- 28-22 TOTALING $ 3, 736, 825. 75 AND ACCOUNTS PAYABLE WARRANTS DATED 05- 12- 22 AND 05- 26- 22 TOTALING 5, 825, 018. 10, IN THE AGGREGATE AMOUNT OF $ 9, 561, 843. 85, DRAWN ON BANK OF AMERICA.
G. ACCEPTANCE OF PLAYGROUND SURFACING PROJECT, CITY PROJECT NO. 20- 29
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
1. Accept the public works improvement identified as Playground Surfacing, City Project No. 20-29, ascompleted in accordancewith the plans and specifications.
2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder aNotice of Completion for Playground Surfacing, City Project No. 20- 29.
H. APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES
AGREEMENT WITH ALLIED UNIVERSAL, INC. FOR UNARMED SECURITY SERVICES ( A8358)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, for The City Council to consider approval of an amendmentto the contract services agreement with Allied Universal Inc., included in, to adjust hourly rates by the new Consumer Price Index ( CPI) effective July 1, 2022, to respond to recent inflation in prices for gasoline and other goods. In addition, the amendment includes changes in the scope of services for Fiscal Year 22- 23 and an increase in the maximum contract limit resulting from the CPI adjustment and an increasein security hours required by the City at various City Facilities and locations.
I. APPROVE AMENDMENTS TO CONSULTING SERVICES AGREEMENTS NOS.
A5768, A6017, A5482, AND A6205 WITH GOVERNMENT REVENUE
SOLUTIONS HOLDINGS I, LLC DBA AVENU INSIGHTS & ANALYTICS, LLC MUNISERVICES (" MUNISERVICES")
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
1. Approve Amendment No. 2 to Consulting Services Agreement No. A5768 with MuniServices in the amount of $ 50,0000, approving an extension through June 30, 2023, for Auditing, Geocoding, Utility UsersTax / FranchiseCompliance andRevenue Protection Program Services.
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2. Approve Amendment No. 4 to Consulting Services Agreement No. A6017 with MuniServices in the amount of $ 50,0000, approving an extension through June 30, 2023, for Transient Occupancy Tax ( TOT) Program Auditing Services.
3. Approve Amendment No. 5 to Consulting Services Agreement No. A5482 with MuniServices in the amount of $ 50,0000, approving an extension through June 30, 2023, for Sales, Transactions, and Use Tax Audit ( SUTA) Services.
4. Approve Amendment No. 5 to Consulting Services Agreement No. A6205 with MuniServices in the amount of $ 50,0000, approving an extension through June 30, 2023, for BusinessLicense Discovery and AssessmentServices.
5. Authorize the City Manager or his designeeto executeall necessarydocuments.
J. APPROVAL OF AMENDMENT NO. 2 TO AGREEMENT No. A6164 WITH ACTION PARK ALLIANCE, INC., FOR THE OPERATION AND
MANAGEMENT OF THE PALM SPRINGS SKATE PARK
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
1. Approve Amendment No. 2 with Action Park Alliance, Inc., for the operation of Palm SpringsSkatePark to increasethe hoursof operationby addingten (10) hoursper week, and five ( 5) extra hours on holidays and extending this contract for two ( 2) additional years at a cost of $ 150,000 for Year One, with annual increasesof the City of Palm Springs' s adopted CPI- U annual rate increase.
2. Authorize City Manager to executeall necessarydocuments.
K. FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF PALM SPRINGS AND THE PALM SPRINGS PLAZA THEATRE
FOUNDATION
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
1. ApproveFirst Amendmentto Memorandumof UnderstandingbetweenCity of Palm Springs and The Palm Springs Plaza Theatre Foundation.
2. Authorize the City Manager to execute said First Amendment, as well as any minor changesto the Amendment acceptableto the City Manager and City Attorney.
L. APPROVAL OF AMENDMENT NO. 5 TO THE AIRPORT CAR RENTAL CONCESSIONAIRE AGREEMENTS AND APPROVAL OF AMENDMENT NO. 6
FOR AVIS- BUDGET AT PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
1. Approve Amendment No. 5 and Avis - Budget Amendment No. 6 to all Airport rental car concession agreementsdoing business as eight car rental agenciesat PSP which include:
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o Avis/ Budget Car Rental, LLC ( Amendment No. 6)
o The Hertz Corporation ( Amendment No. 5)
o Enterprise Rent- A- Car, LLC dba Alamo Rent a Car / National Car Rental Amendment No. 5)
o Enterprise Rent- A- Car Company of Los Angeles ( Amendment No. 5) o DTG Operations, Inc. dba Dollar Rent a Car /Thrifty Car Rental (Amendment No. 5)
2. AuthorizetheCity Manageror his designeeto executeall necessarydocuments.
M. 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
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
1. Approve a Contract ServicesAgreement with Amadeus to provide a common/ shared use passenger processing system with support at the Palm Springs International Airport Bono and RJ concoursesboarding gates, in an amount not to exceed $568,029 for a three-year term with two one-year options.
2. Authorize the City Manager or designee to execute all documents.
N. APPROVE SITE INSTALLATION COSTS IN THE AMOUNT OF $ 65, 000 FOR
THE AIDS MEMORIAL PUBLIC ARTS PROJECT FOR THE DOWNTOWN
PARK
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
1. Appropriate funds in the amount of $ 65, 000 from the Public Arts Fund Balance in Fiscal Year 2023.
2. Approve funding in the amount of $ 65, 000 of Fiscal Year 2023 Public Art Funds for preparation and installation costs of the AIDS Memorial Sculpture at the Downtown Park.
3. Authorize the City Manager to execute all necessarydocuments to facilitate funding for the site preparation andinstallation costs of the artwork.
O. REQUEST BY PRETTY FACES, LLC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY ( PCN) FOR A TYPE 48 ( ON - SALE GENERAL
PUBLIC PREMISES) LICENSE IN CONJUNCTION WITH THE OPERATION OF A NIGHTCLUB ( PRETTY FACES) AT 150 SOUTH INDIAN CANYON DRIVE, ZONE R- A ( CASE 5. 1551 PCN)
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MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to Adopt Resolution No. 25021 entitled, " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING THAT THE PUBLIC CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 48 FOR PRETTY FACES NIGHTCLUB LOCATED AT 150 SOUTH INDIAN CANYON DRIVE WITHIN CENSUS TRACT NUMBER 9414 ( CASE 5. 1551 PCN)." EXCLUDED CONSENT CALENDAR:
2. PUBLIC HEARINGS:
A. RESOLUTION CONFIRMING THE REPORT OF THE PALM SPRINGS SMALL
HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD, LEVYING THE FISCAL YEAR 2022- 23 ASSESSMENT, AND CONDUCT OF
PROTEST PROCEEDINGS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0, to:
1. Open the public hearing, receive public testimony, and written and oral proteststo confirm the Report of the Palm Springs Tourism Small Hotel Business Improvement District Advisory Board and levying an assessment for Fiscal Year 2022- 23.
2. Adopt Resolution No. 25031 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE
REPORT OF THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS
IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN
ASSESSMENT FOR FISCAL YEAR 2022- 23 IN CONNECTION WITH THE
PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT
DISTRICT."
B. 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 MAYOR MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 3- 1 ( WOODS VOTING NO, GARNER RECUSED), to:
Adopt Resolution No. 25032 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY PSPC ENTERPRISES LLC ( dba FUEGO NIGHTCLUB) AND UPHOLDING THE
DECISION OF 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 City of Palm Springs Page 7
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OFF- STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD, ( CASE 5. 1544 CUP)."
C. PUBLIC HEARING AND ADOPTION OF THE FISCAL YEAR 2022- 23
COMPREHENSIVE BUDGET, PALM SPRINGS COMMUNITY
REDEVELOPMENT SUCCESSOR AGENCY BUDGET, 5-YEAR CAPITAL
IMPROVEMENT PROGRAM FOR FISCAL YEARS 2023-2027, APPROPRIATIONS
LIMIT AND ALLOCATED POSITIONS AND COMPENSATION PLAN
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5- 0, to:
Amend the FY 2021- 22 Budget to appropriate a transfer out of the General Fund, Fund Balance in the amount of $ 5 million to the Facilities Maintenance Fund, to cover costsassociatedwith the reallocation of OBEP Liability.
2. Open the public hearing and acceptpublic testimony on the Fiscal Year 2022- 23 Budget.
3. Adopt Resolution No. 25033 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022 — 2023; AND ADOPTING THE PUBLICLY AVAILABLE PAY
SCHEDULES;"
4. Adopt Resolution No. 25034 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR FISCAL YEAR 2022 — 2023 AND SUCH OTHER MATTERS AS
REQUIRED;"
5. Adopt Resolution No. 25035 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS
CAPACITY AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE SUCCESSOR AGENCY BUDGET FOR FISCAL YEAR 2022 — 2023, AND OTHER SUCH MATTERS AS REQUIRED;"
6. Adopt Resolution No. 25036 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022 — 2023 ENDING ON JUNE 30, 2023."
7. Direct the City Manager and Director of Finance and Treasurer to make the appropriate modifications to the Budget andpreparethe final budget documentfor Fiscal Year 2022- 23.
3. BUSINESS & LEGISLATIVE:
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A. APPROVAL OF REQUEST FOR PROPOSALS 20- 22 AND AUTHORIZATION
TO SOLICIT PROPOSALS FOR A STAFFING STUDY FOR THE PALM
SPRINGS POLICE DEPARTMENT
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5- 0, to:
1. Approve Requestfor Proposal 20-22 to advertise and solicit proposals for the staffing study for the Palm Springs Police Department.
2. Authorize the City Manager or his designeeto executeall necessarydocuments B. REVIEW OF A MODIFIED FRANCHISE AGREEMENT FOR SOLID WASTE
COLLECTION SERVICES BETWEEN THE CITY OF PALM SPRINGS AND
PALM SPRINGS DISPOSAL SERVICE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to Discuss a proposed residential rate discount program for low- income residentsandprovide direction to Staff.
C. INTRODUCTION OF AN ORDINANCE ENTITLED, " AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBDIVISION ( H) TO SECTION 2. 60. 040 OF THE PALM SPRINGS MUNICIPAL
CODE, REGARDING DUTIES OF OFFICIALS WHO SERVE AS VOTING
MEMBERS OF CERTAIN NON- PROFIT BOARDS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE"
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to continue to a date uncertain.
REPORT ON THE CITY OF PALM SPRINGS LOCAL ROADS SAFETY PLAN, CITY PROJECT NO. 20- 21
By consensus, The City Council agreed to receive and file a report on the Local Roads Safety Plan for the City of Palm Springs.
D. REPORT OF THE CITY OF PALM SPRINGS PEDESTRIAN MASTER PLAN By consensus, the City Council agreedto receive and file a report on the PedestrianPlan for the City of Palm Springs.
PUBLIC TESTIMONY ( NON - AGENDA ITEMS):
Dominick Moonheart
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CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:
City Manager Clifton gives updateon upcoming meeting agendas.
Mayor Middleton replies to agendasneeding to havefinished up before new council comeson.
Mayor Pro Tern Garner speakson needing to get the Zoning for childcare locations on the agenda soon.
ADJOURNMENT: 10: 10 p.m.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/ 28/ 2022
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